If you do not find an answer to your question below, you can find documents such as the Complaint and Settlement Agreement here or you can email us at intelpentium4litigation@classactmail.com
The purpose of the notice is to inform you of (a) the existence of a class action lawsuit; (b) the proposed settlement of the class action lawsuit; and (c) your rights with respect to the proposed settlement. Those legal rights and options include the right to be excluded from the Class and the settlement.
A class action lawsuit is pending in the Superior Court of California for the County of Santa Clara County, known as Janet Skold, et al. v. Intel Corporation and Hewlett-Packard Company, Case No. 1-05-CV-039231. Judge Peter H. Kirwan, who is overseeing this case, authorized the Notice. You have a right to know about the class action lawsuit and proposed settlement. As a Class Member you have various options that you may exercise before the Court decides whether to approve the settlement. If the Court approves the settlement, and after any appeals are resolved, Intel will make payments pursuant to the settlement to Class Members who submit timely and valid claims.
The Notice explains the lawsuit, the settlement, your legal rights, the available benefits, who is eligible for them, and how to get them.
TopThis lawsuit is about whether Intel manipulated Pentium 4 performance scores in violation of California’s Unfair Competition Law. The lawsuit also addresses whether Hewlett-Packard (“HP”) knew about and substantially assisted Intel in manipulating the Pentium 4’s performance scores.
The Plaintiffs allege that Intel manipulated the performance benchmark scores for its first-generation Pentium 4 processors and that HP aided and abetted Intel's allegedly unlawful conduct. Intel and HP deny any liability and all claims of misconduct and Intel contends that the performance benchmarks challenged by Plaintiffs fairly measured the performance of the Pentium 4 processor.
You can read the Class Action Complaint at this website.
TopIn a class action lawsuit, one or more persons, called “Class Representatives,” sue on behalf of other people who have similar claims. All of these people together are called a “Class” or “Class Members.” Class Representatives—and all Class Members like them—are called the Plaintiffs. The companies they sued (in this case Intel and HP) are called the Defendants. The lawyers who represent the Class are called “Class Counsel.” In the class action lawsuit all factual questions and legal issues are resolved for everyone in the Class, except for those people who choose to exclude themselves from the Class.
TopThe class in this lawsuit consists of:
All residents of the United States, other than those residing in Illinois, who (i) purchased a new computer equipped with a Pentium 4 processor, (ii) purchased the computer between November 20, 2000 and December 31, 2001, and (iii) purchased the computer for personal, family, or household use;
and
All residents of the United States, other than those residing in Illinois, who (i) purchased a new computer equipped with a first-generation (Willamette) Pentium 4 processor or a Pentium 4 processor at speeds below 2.0 GHz, (ii) purchased the computer between January 1, 2002 and June 30, 2002, and (iii) purchased the computer for personal, family, or household use.
Excluded from the Class are Intel’s current and former directors and officers; Intel’s current employees and its employees during the Class Period; Intel’s legal representatives; and any Judge to whom the litigation is assigned and the members of his or her immediate family.
TopIf you are still not sure whether you are included, you can get free help by calling 1-877-435-1884, or visiting www.IntelPentium4Litigation.com or by writing Class Counsel at the address listed in Question 25, below.
TopIntel agrees to allow people to establish Class membership under a reduced standard of proof for the limited purpose of paying claims. In other words, all Class Members are eligible to get paid upon completion and submission of a valid claim form. Class Members are not required to submit a proof of purchase or any other physical or documentary evidence, but they are required to sign the claim form under penalty of perjury that to the best of their recollection they are a Class Member.
TopClass Members can get cash reimbursements of $15.00.
TopTo get paid, you must complete and submit a Claim Form. You can do this in one of three ways:
Complete, e-sign, and submit an electronic Claim Form at www.IntelPentium4Litigation.com on or before April 14, 2015
Complete, sign, and email the Claim Form to intelpentium4litigation@classactmail.com on or before April 14, 2015
Complete, sign, and mail the Claim Form by U.S. Mail to the Class Administrator at Class Administrator, Skold v. Intel Corporation, et al., c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael CA 94912-8060, postmarked on or before April 14, 2015.
TopIf you fail to submit the Claim Form on or before April 14, 2015 you will not get paid. Sending in a Claim Form late will be the same as doing nothing.
TopThe Court will hold a Fairness Hearing on January 23, 2015, to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals that delay the conclusion of this case. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Information about the progress of the case will be available at www.IntelPentium4Litigation.com
TopUnless you exclude yourself, you are staying in the Class, which means that you can’t sue, continue to sue, or be part of any other lawsuit against Intel or HP about the same legal issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.
TopIntel agrees to pay $4,000,000 to non-profit entities, agreed to by the Settling Class and approved by the Court, that will use the funds to provide computer technology utilizing Intel microprocessors for educational uses. One such entity to which the Parties have tentatively agreed on is Teach for America, Inc. Other entities proposed by Intel or Class Counsel may be added to or substituted for these two entities with the consent of the Parties, subject to the approval of the Court.
TopTo exclude yourself from the settlement, you must send a letter by First Class U.S. mail to the Class Administrator saying that you want to be excluded from the Class in Skold v. Intel. You cannot exclude yourself on the phone or by e-mail. Be sure to include your full name, address, telephone number, signature, and the date. You must mail your exclusion request, postmarked on or before December 15, 2014, to:
CLASS ADMINISTRATOR
Skold v. Intel Corporation, et al.
c/o Gilardi & Co. LLC
P.O. Box 6002
Larkspur CA 94977-6002
If you timely submit your request to be excluded, you will not get any settlement payment and you cannot object to the settlement. You will not be legally bound by the settlement.
TopNo, not for the same legal claims at issue here.
TopNo. If you exclude yourself from the Class you won’t get any money or benefits from this settlement. If you exclude yourself, you should not submit a Claim Form to ask for money from the class action settlement. You cannot both exclude yourself from the settlement and receive benefits from the settlement.
TopThe Court has decided that the law firms Girard Gibbs LLP and Danko Meredith are qualified to serve as Class Counsel and to represent you and all Class Members. More information about Girard Gibbs, its practices, and its lawyers’ experience is available at www.GirardGibbs.com.
TopYou do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you may hire one at your own cost.
TopClass Counsel has not received any fees for the lawyer and professional time it has DEVoted to this matter since 2004, nor has it received any reimbursement for any of the out-of-pocket expenses it has incurred. Class Counsel will thus apply to the Court for an award of attorney fees and expenses that does not exceed $16,450,000. Intel agrees to pay reasonable fees and costs awarded by the Court that do not exceed $16,450,000, and will not object to Class Counsel's fee and cost application so long as it does not exceed $16,450,000.
In addition, Class Counsel will ask that the Court award each of the two named plaintiffs a $25,000 service award in recognition of their efforts on behalf of the Class. These plaintiffs participated in the litigation for over ten years—including by appearing for deposition, making their family members available for deposition, turning over their personal computers for lengthy forensic inspections by Intel and HP—and were prepared to appear and testify at trial on behalf of the Class. Any fees, expenses or incentive awards that Class Counsel request must be approved by the Court. Class Counsel will request that their fees and expenses, and the incentive awards, be paid directly by Intel, which means they will not reduce the recovery to you and other members of the Class.
TopIf you are a Class Member, you can tell the Court that you like the settlement and it should be approved, or that you object to the settlement if you do not like some part or all of it. The Court will consider all comments from Class Members.
To comment on or to object to the proposed settlement, you must submit a written statement to the Class Administrator, Class Counsel, and Defense Counsel setting forth:
In order for the Court to consider your comments or objections, you must submit them, along with any request to speak at the Fairness Hearing (See Questions 22-24), postmarked on or before December 15, 2014, to the Class Administrator, with a copy sent to Class Counsel and Counsel for Intel at the following addresses:
| No. 1 Class Administrator | No. 2 Class Counsel | No. 3 Counsel for Intel |
|---|---|---|
|
Skold v. Intel Corporation, et al.
c/o Gilardi & Co. LLC P.O. Box 8060 San Rafael CA 94912-8060 |
GIRARD GIBBS LLP
c/o Eric H. Gibbs 601 California Street, 14th Floor San Francisco, CA 94108 |
Munger, Tolles & Olson LLP
c/o Gregory P. Stone, Esq. 355 South Grand Avenue, 35th Floor Los Angeles, California 90071 |
The filing of an objection may allow Class Counsel or Counsel for Intel to notice such objecting person for and take his or her deposition at an agreed-upon location before the Final Approval Hearing, and to seek any documentary evidence or other tangible things that are relevant to the objection. Failure by an objector to comply with discovery requests may result in the Court striking said objector’s objection and otherwise denying that person the opportunity to make an objection or be further heard. The Court reserves the right to tax the costs of any such discovery to the objector or the objector’s counsel should the Court determine that the objection is frivolous or is made for an improper purpose.
If you do not submit a written comment or objection on the proposed settlement or the application of Class Counsel for incentive awards, attorneys’ fees and expenses in accordance with the deadline and procedure set forth above, you will waive your right to be heard at the fairness hearing.
TopObjecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
TopThe Court will hold a Fairness Hearing at 9:00 a.m. on January 23, 2015, in Department 1 of the Santa Clara County Superior Court located at 191 N. First Street, 2nd Floor, San Jose, California 95113. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel or whether to approve incentive awards. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take for the Court to make its decision.
Top
No. Class Counsel will answer questions the Court may have. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as your written objection establishes membership in the Class and is received on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
Topto your letter commenting or objecting to the settlement a statement that you intend to appear and speak at the hearing. An example is stating: “This is my Notice of Intention to Appear in Skold v. Intel.” If you do not submit a written comment or objection on the proposed Settlement in accordance with the deadline and procedure set forth above, you will waive your right to be heard at the Fairness Hearing. You cannot speak at the hearing if you excluded yourself.
If you intend to appear at the Fairness Hearing through counsel, your comment must also state the identity of all attorneys representing you who will appear at the fairness hearing.
If you would like to speak at the Fairness Hearing about your comments or objections to the settlement, your comment must also state the identity of all attorneys representing you who will appear at the fairness hearing.
TopIf you do nothing, you’ll get no money from this settlement but will still be bound by the settlement and lose your ability to sue, continue to sue, or be part of any other lawsuit against Intel or HP about the same legal issues in this case.
TopVisit the website www.IntelPentium4Litigation.com where you can find extra claim forms, information on the litigation and settlement, and documents such as the Complaint filed by the Plaintiffs.
You may also call the Class Administrator at 1-877-435-1884 or Class Counsel at 1-866-981-4800 or write them at:
| Class Administrator Skold v. Intel Corporation, et al. c/o Gilardi & Co. LLC P.O. Box 8060 San Rafael CA 94912-8060 |
GIRARD GIBBS LLP c/o Intel Litigation 601 California Street, 14th Floor San Francisco, CA 94108 www.GirardGibbs.com |