ATTENTION: ALL PERSONS RESIDING IN THE UNITED STATES WHO PURCHASED ONE OR MORE OF SHUTTLE MOTHERBOARD MODEL NUMBERS AV 11, AV 11-21, AV 18, AV 18E, AV 18ET, ME 64, ME64S, MS 21, OR MS 21 N BETWEEN JANUARY 1, 2001 THROUGH JANUARY 1, 2005 CONTAING DEFECTIVE CAPACITORS. THE CLASS DOES NOT INCLUDE ANYONE WHO CLAIMS DAMAGES FOR PERSONAL INJURIES OR PROPERTY DAMAGE RESULTING FROM DEFECTIVE CAPACITORS. THE CLASS DOES NOT INCLUDE ANY PARENT, SUBSIDIARY, AFFILIATE, OR CONTROL PERSON OF SHUTTLE COMPUTER GROUP, INC., AS WELL AS THE OFFICERS, DIRECTORS, AGENTS, SERVANTS, OR EMPLOYEES OF SHUTTLE COMPUTER GROUP, INC., AND THE IMMEDIATE FAMILY MEMBER OF ANY SUCH PERSON. ALSO EXCLUDED IS ANY JUDGE WHO MAY MAKE RULINGS IN CONNECTION WITH THIS ACTION.
THIS NOTICE IS GIVEN TO INFORM ALL POTENTIAL CLASS MEMBERS OF A PROPOSED SETTLEMENT OF A CLASS ACTION LAWSUIT. PLEASE READ THIS SUMMARY NOTICE CAREFULLY AND IN FULL AS YOUR RIGHTS WILL BE AFFECTED BY THE PROCEEDINGS IN THIS ACTION.
YOU MAY BE ENTITLED TO MONEY.
NOTICE IS HEREBY GIVEN that a hearing will be held before the Honorable Mary Ann Murphy in Department 25 of the Superior Court of California for the County of Los Angeles, located at 111 N. Hill Street, Los Angeles, CA 90012 on March 30, 2011, at 8:30 a.m. to determine, among other matters, (1) whether the proposed settlement of the Action on terms set forth in a Settlement Agreement dated June 3, 2010, is fair, reasonable and adequate; (2) whether a settlement class should be certified; (3) whether the Court should enter the proposed final judgment; and (4) whether the application of counsel for the class for an award of attorneys’ fees and expenses should be granted.
DESCRIPTION OF THE ACTION
The Class Representatives in this Action alleges that Shuttle Computer Group, Inc. (“Shuttle”) manufactured, marketed and sold various models of its motherboards containing an allegedly defective component, namely, a capacitor which was prone to failure. Shuttle has denied and continues to deny these allegations and has asserted a number of affirmative defenses. The case has been pending since 2004, and the parties now desire to settle it under the terms described below and described in more detail in the “Notice of Pendency of Class Action, Proposed Settlement and Hearing,” available at www.shuttlesettlement.com.
DESCRIPTION OF THE SETTLEMENT
The Settlement provides that Shuttle will repair or replace, at its option, any Shuttle Motherboard model number AV 11, AV 11-21, AV 18, AV 18E, AV 18ET, ME 64, ME64S, MS 21 or MS 21 N purchased between January 1, 2001 through January 1, 2005 containing defective capacitors for Settlement Class Members who submit valid, verified claim forms establishing that they have experienced failure of a motherboard within the class definition. Such repair or replacement shall be at no cost to the Settlement Class Member. Settlement Class Members will be instructed to send their motherboard(s) to Shuttle or its designated repair facilities and Shuttle will repair or replace the motherboards. All shipping costs will be paid by Shuttle. In the event a Settlement Class Member submits a motherboard that is not defective, such Settlement Class Member will be responsible for the cost of repair if so elected and any and all shipping costs.
For those Settlement Class Members who have incurred direct out-of-pocket expenses in connection with the repair, prior to the date of preliminary approval of the Settlement, of a Shuttle Motherboard model number AV 11, AV 11-21, AV 18, AV 18E, AV 18ET, ME 64, ME64S, MS 21, or MS 21 N Shuttle will reimburse such Class Members for the cost of repairs, parts, labor and handling charges in connection with repairing affected capacitors up to Thirty Five Dollars ($35.00) per motherboard, provided such costs are verifiable. Settlement Class Members shall have three (3) months from the Effective Date of the Settlement to submit Claim Forms.
Subject to the Court’s approval, Class Counsel will seek an award of attorneys’ fees and costs in the amount of $80,000.00, to partially compensate them for their extensive efforts on behalf of the class since 2004, and to reimburse them for their costs incurred in this litigation. An incentive award, also subject to court approval, in the amount of $500 will be requested for each of the representative plaintiffs, Greg Granquist and Eric Schonning, to compensate them for their time and efforts on behalf of the class in this case, pending since 2004.
HOW TO PARTICIPATE IN THE SETTLEMENT
If you are a Settlement Class Member, you may visit the settlement website at www.shuttlesettlement.com following the Effective Date of the Settlement in order to provide the requested information so that you will, if eligible, be able to participate. A detailed “Notice of Pendency of Class Action, Proposed Settlement and Hearing” which describes the Action, the proposed settlement, the eligibility requirements, the deadlines for submitting a Claim Certificate, and the rights and options available to Settlement Class Members, may be obtained by visiting the settlement website (www.shuttlesettlement.com) or by mailing a written request including your name and address to J. Mark Moore, Spiro Moss LLP, 11377 W. Olympic Blvd., 5th Floor, Los Angeles, CA 90064 and/or Marc H. Edelson, Edelson & Associates, LLC, 45 West Court St., Doylestown, PA 18901. Claim Certificates are due no later than February 24, 2011.
REQUESTS FOR EXCLUSION AND OBJECTIONS
Any requests for exclusion from the proposed settlement must be sent by mail to Class Counsel, Marc H. Edelson, Edelson & Associates, LLC, 45 West Court Street, Doylestown, PA 18901, as well as to Counsel for Shuttle, Jon Kardassakis, Esq., Lewis Brisbois Bisgaard & Smith LLP, 221 N. Figueroa Street, Suite 1200, Los Angeles, California 90012 and postmarked on or before January 25, 2011. The procedure, rights and effects regarding exclusion are fully explained in the detailed “Notice of Pendency of Class Action, Proposed Settlement and Hearing,” available at www.shuttlesettlement.com.
Any objections to the proposed settlement must be filed with the Court and copies served on Marc H. Edelson at the above address and Counsel for Shuttle, Jon Kardassakis, Esq., Lewis Brisbois Bisgaard & Smith LLP, 221 N. Figueroa Street, Suite 1200, Los Angeles, California 90012 on or before January 25, 2011. The procedure for making an objection is fully explained in the detailed “Notice of Pendency of Class Action, Proposed Settlement and Hearing.”
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE FOR INFORMATION.
DATED: November 17, 2010. By Order of the Superior Court of California for the County of Los Angeles.