To: All persons or entities in the United States who purchased between October 6, 2002 through February 9, 2007 any of the following Simple Tech Hard Disk Drive products (“HDD”): Internal Notebook (Laptop) Drive, SimpleDrive External, SimpleDrive External Pininfarina, SimpleDrive Mini, SimpleDrive Portable, SimpleDrive Portable Pininfarina, and SimpleShare. This Notice contains important information that may affect your legal rights.
This Notice is only a summary of the detailed “Official Court Notice of Pendency and Proposed Settlement of Class Action” (the “Notice”). You may obtain the detailed Notice, which explains your rights and gives instructions on how to claim settlement benefits if the settlement is approved, via hyperlinks labeled “HDD Class Action Settlement Information” from the following website: <http://www.stec-inc.com> (hereinafter the “Settlement Website”). Any of the HDDs is hereinafter referred to as a “Covered SimpleTech HDD.” A SimpleTech hard disk drive product that contained a storage capacity disclaimer on the product packaging regarding the number of bytes in a gigabyte (GB) and variability of available storage capacity depending on the operating environment is not a Covered SimpleTech Hard Disk Drive.
Description of the Action: In an action entitled Brand v. Simple Tech, Inc., Case No. BC360001 (Los Angeles Superior Court), Plaintiff Boris Brand alleges that STEC’s (formerly SimpleTech, Inc.) advertising and packaging of the Covered SimpleTech HDDs with respect to the HDDs’ storage capacity is false and misleading. STEC has denied and continues to deny these allegations and has asserted a number of affirmative defenses.
Settlement Class: You are a member of the Settlement Class if (1) you purchased a Covered SimpleTech HDD at any time from October 6, 2002 through February 9, 2007, (2) you resided in the United States at the time of the purchase, (3) you purchased the Covered SimpleTech HDD at a location within the United States, (4) you purchased the Covered SimpleTech HDD new (i.e., not second hand) from an entity that regularly sells/sold such devices or items, and (5) you did not purchase the Covered SimpleTech HDD for resale to others.
Description of Settlement: If the Court approves the settlement, each member of the Settlement Class who submits a valid, timely Claim Form by September 8, 2008 for a Covered SimpleTech HDD is eligible to receive a cash refund of 6% of the actual retail purchase price paid (excluding taxes and shipping, and including any discounts at the point of sale) for each qualifying purchase of a Covered SimpleTech HDD. To be eligible, you must visit the Settlement Website, and follow the instructions for making a claim, including submitting an original purchase receipt or a sworn statement containing other purchase details. If the claim is valid and timely, you will be sent via U.S. Mail a refund check within 30 days after the claim is validated. If a claim is rejected, you will be notified within 30 days after the claim is rejected by e-mail or U.S. Mail and will be afforded one opportunity to correct any deficiencies. See the Notice on the Settlement Website for information about other terms and conditions of the Settlement (also on file with the Court for your review), such as the Claims Redemption Period, post-lawsuit changes to product packaging and advertising, attorneys’ fees and costs, and incentive award to the Class Representative.
Requests for Exclusions and Objections: If you fit within the definition of the Settlement Class and you wish to participate, you will need to submit a timely and valid Claim Form as discussed above. You will be a member of the Settlement Class and will be deemed to have agreed to the terms of the settlement, including the terms of the waiver and release of claims. See the detailed Notice on the Settlement Website for further information. Any requests for exclusion from the settlement must be sent by mail to, Class Counsel, Weiss & Lurie, Jordan L. Lurie, 10940 Wilshire Blvd., 23rd Floor, Los Angeles, CA 90024, Tel: (800) 437-7918 or (310) 208-2800 and Defendant’s Counsel, Fakhimi & Associates, Houman Fakhimi, 3 Hutton Centre Dr., Suite 620, Santa Ana, CA 92707, Tel: (714) 542-2188 postmarked no later than July 21, 2008. Any request for exclusion postmarked no later than July 21, 2008, but received after July 21, 2008 will be considered. The procedures, rights, and effects of requesting an exclusion are explained in the detailed Notice on the Settlement Website. Any objections to the settlement must be in writing and mailed or hand-delivered to the Clerk of the Court, Superior Court of California, County of Los Angeles, 111 North Hill Street, Los Angeles, CA, 90012, must identify the case as Brand v. Simple Tech, Inc., Case No. BC360001 (Los Angeles Superior Court), and must be received by the Court no later than July 21, 2008. You must also mail copies of your written objections to Class Counsel and Defendant’s Counsel listed above, postmarked no later than July 21, 2008. The procedure for making an objection is explained in the detailed Notice on the Settlement Website.
Hearing: A hearing will be held before the Honorable William F. Fahey, Superior Court of California for the County of Los Angeles, Department 78, located at 111 North Hill Street, Los Angeles, CA, on September 4, 2008 at 9:30 a.m. The purpose of the hearing is for the judge to decide, among other things, (1) whether the proposed settlement is fair, reasonable and adequate, (2) whether the Settlement Class should be certified, (3) whether the Court should enter the proposed final judgment, (4) whether the application of Class Counsel for an award of attorneys’ fees and expenses should be granted; and (5) whether the payment of an incentive award to the Class Representative should be granted.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE FOR INFORMATION.
Dated: May 30, 2008
Honorable William F. Fahey
Los Angeles County Superior Court
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THE FOLLOWING ARE INSTRUCTIONS FOR MAKING A CLAIM. YOU MUST READ THESE INSTRUCTIONS CAREFULLY. IF YOU DO NOT FOLLOW THESE INSTRUCTIONS, YOU MAY LOSE CERTAIN BENEFITS TO WHICH YOU MIGHT OTHERWISE BE ENTITLED .
To receive any settlement benefits, you must fill out and return the attached Claim Form and Release (“Claim Form”). The Claim Form must be postmarked on or before September 8, 2008 and received no later than 21 days thereafter. If you fail to return a valid Claim Form by the deadline, your claim will be rejected and you will lose all rights to the settlement benefits. Unless you request exclusion from the class as explained in the Class Notice, a copy of which is located on this Settlement Website, you will be bound by the Settlement Agreement and Release and the Final Judgment even if you do not return the Claim Form. If you have any questions while completing the Claim Form, please call STEC at the following toll free number: (800) 841-4462.
I. INSTRUCTIONS FOR MAKING A CLAIM
Who Is Eligible: You may be eligible to receive a 6% cash refund of the actual retail purchase price (excluding taxes and shipping, and including any discounts at the point of sale) if: (1) you purchased a Covered SimpleTech Hard Disk Drive Product (“HDD”) at any time from October 6, 2002 through February 9, 2007, (2) you resided in the United States at the time of the purchase, (3) you purchased the Covered SimpleTech HDD at a location within the United States, (4) you purchased the Covered SimpleTech HDD new (i.e., not second hand) from an entity that regularly sells/sold such devices or items, and (5) you did not purchase the Covered SimpleTech HDD for resale to others.
You may be eligible for the 6% cash refund if you have an original purchase receipt for the Covered SimpleTech HDD. Alternatively, if you do not have the original purchase receipt, you will need to submit a sworn statement providing (1) the Covered SimpleTech HDD purchased, (2) the capacity of the product purchased, (3) actual retail purchase price paid, (4) the merchant from whom the product was purchased, (5) the date of purchase of the Covered SimpleTech HDD, plus (6) either the actual original UPC Code cut-out from the retail box or Part Number. If you do not have the actual original UPC Code cut-out and only have the Part Number, you will be limited to one refund (one refund per household). There is no such limitation if you have the actual original UPC Code cut-out.
What Is a Covered SimpleTech HDD Product: A Covered SimpleTech HDD is any one of the following SimpleTech hard disk drives: Internal Notebook (Laptop) Drive, SimpleDrive External, SimpleDrive External Pininfarina, SimpleDrive Mini, SimpleDrive Portable, SimpleDrive Portable Pininfarina, and SimpleShare. However, a SimpleTech hard disk drive product that contained a storage capacity disclaimer on the product packaging regarding the number of bytes in a gigabyte (GB) and variability of available storage capacity depending on the operating environment is not a Covered SimpleTech Hard Disk Drive. Certain SimpleTech HDDs are not Covered Products. See Section II below.
What You Need To Do If You Have The Original Purchase Receipt For The Product: If you have the original purchase receipt, you will need to submit it with the Claim Form, and provide the UPC Code which appears on the product packaging or the Part Number which appears on the HDD’s ID Label. (This Website contains instructions for locating the UPC Code on the product packaging and the Part Number on the HDD’s ID Label; please see the subheading “Locating a UPC Code and Part Number.”) The original purchase receipt will need to show the purchase of a SimpleTech Hard Disk Drive.
What You Need To Do If You Do Not Have The Original Purchase Receipt For The Product: If you do not have the original purchase receipt for the Covered SimpleTech HDD, you must provide under penalty of perjury on the Claim Form, (1) the Covered SimpleTech HDD purchased, (2) the capacity of the product purchased, (3) actual retail purchase price paid, (4) the merchant from whom the product was purchased, (5) the date of purchase of the Covered SimpleTech HDD, plus (6) either the actual original UPC Code cut-out from the retail box or Part Number. (This Website contains instructions for locating the UPC Code on the product packaging and the Part Number on the HDD’s ID Label; please see the subheading “Locating a UPC Code and Part Number.”) If you do not have the actual original UPC Code and only have the Part Number, you will be limited to one refund (one refund per household). There is no such limitation if you have the actual original UPC Code cut-out.
Where You Need To Submit Claim Form: You must mail the completed Claim Form, along with any required documentation directly to the Claims Administrator: Dept. 107950, STEC Hard Drive Class Action Settlement, P.O. Box 52900, Phoenix, AZ 85072-2900. Please keep copies for your records.
IF YOU PURCHASED MORE THAN ONE COVERED SIMPLETECH HDD, YOU MUST COMPLETE AND SUBMIT A SEPARATE CLAIM FORM FOR EACH
COVERED SIMPLETECH HDD PRODUCT PURCHASED.
II. DO NOT SUBMIT A CLAIM FORM IF YOU PURCHASED A SIMPLETECH HDD EXCLUDED FROM THE SETTLEMENT
STEC will not provide a refund if you purchased a SimpleTech HDD which bears either a Part Number or UPC Code as identified below. The Part Number and corresponding UPC Code both refer to the same hard disk drive, except that the Part Number is located on the HDD’s ID Label and the UPC Code is on the retail box. Do not fill out a Claim Form if a SimpleTech HDD bears either a UPC Code or Part Number identified under the excluded part numbers list and UPC Codes. Click Here for Excluded Part Numbers and UPC Codes..
III. INCOMPLETE, FRAUDULENT OR DEFECTIVE CLAIM FORMS
Remember, to be valid, a Claim Form must be completely and accurately filled out and must include ALL requested information and supporting materials. You may not submit a Claim Form for the same product more than once. Incomplete, fraudulent or otherwise defective Claim Forms will be rejected.
IV. RECEIVING THE 6% REFUND
Once the settlement becomes final in the courts, the validity of all claims will be
determined. If your claim is deemed valid, a refund check will be sent via U.S. Mail to the address you provide on the Claim Form within 30 days after the claim is validated. If your claim is deemed invalid, you will be notified by e-mail or U.S. Mail and will be afforded one opportunity to correct any deficiencies. If any dispute remains, STEC will notify Class Counsel regarding the rejection of the claim, and the Parties will attempt to resolve any and all disputes in good faith. If the claim is accepted as a result of the appeal process, you will be provided with a refund check via U.S. Mail.
REMINDERS
DEADLINE: For your claim to be valid, you must fill out and submit this Claim Form, along with all required documentation, during the Claims Redemption Period. The Claim Form must be postmarked on or before September 8, 2008 and must be received by the Claims Administrator no later than 21 days thereafter.
 DOWNLOAD CLAIM FORM (WITH INSTRUCTIONS)
INSTRUCTION ON LOCATING A UPC CODE AND PART NUMBER
NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT CLAIM INFORMATION
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Internal Notebook Drive