fuzzball
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legal matters???
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Dec 27 04:57 UTC 2006 |
i recived this in my ebay's message box today. read it all and still
dont get it. i think ebay sent it to nearly everyone... any input?
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
JOHN ROCKERS, MARK RAWLING and
BRIAN MORK , On Behalf of Themselves and for
the Benefit of All with the Common or General
Interest, Any Persons Injured, and All Others
Similarly Situated,
Plaintiff,
vs.
EBAY, INC., et al.,
Defendants.
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Case No. 1:05-CV-035930
CLASS ACTION
NOTICE OF SETTLEMENT OF CLASS ACTION
DATE ACTION FILED: 02/17/05
THIS IS A LEGAL NOTICE. YOUR RIGHTS MAY BE AFFECTED.
PLEASE READ IT CAREFULLY.
To: All eBay users from February 16, 2001 to the present. If you claim
to have been harmed by eBay raising the eBay bidder's existing bid
where no higher competing bid had been made and where raising the bid
was not necessary to meet a reserve minimum you are a Member of
the "Class" and your rights may be affected by the proposed class
action settlement of a lawsuit alleging that eBay would automatically
increase in certain circumstances an existing bid where no competing
bid had been made and where it was not necessary to meet a reserve
minimum. eBay denies any and all of the contentions and allegations of
wrongdoing relating to eBay's increasing an existing bid where no
competing bid had been made and where it was not necessary to meet a
reserve minimum, and denies that the Members of the Class have
suffered any damage. This Notice summarizes the terms of the
settlement, and explains your rights and options under the settlement.
I. THE LAWSUIT
On February 17, 2005, a complaint was filed by plaintiff Glenn Block
in the Superior Court of the State of California County of Santa Clara
( the "Court") as a class action alleging that eBay's automatic
increase in certain circumstances of an existing bid where no
competing bid had been made and increasing the bid was not necessary
to meet a minimum reserve was improper and artificially inflated the
bids of eBay buyers, thus causing damage to eBay buyers
(the "Action"). On April 17, 2006, an Amended Complaint which, among
other things, substituted Plaintiffs John Rockers, Mark Rawling and
Brian Mork for the original plaintiff was filed in the Court. The
caption of the Action is Rockers v. eBay, Inc., et al., Case No. 1:05-
CV-035930.
II. THE SETTLEMENT TERMS
The parties participated in mediation with the Honorable Read Ambler
(Ret.) in an effort to resolve the Action. As a result of the
mediation and in order to settle the allegations in the Action, eBay
has agreed to cease the conduct alleged by making the
following "curative disclosure" that is relative to the
misrepresentations claimed by Plaintiffs:
In response to a system prompt, if a high bidder attempts to raise
his maximum bid when such bidder is then between bid increments, eBay
shall first disclose to such bidder the exact amount of any resulting
bid increase that would otherwise occur by virtue of the bidder
raising the maximum bid. By way of illustration only and using the
facts set forth in paragraph 23 of the Complaint, upon raising the
maximum bid once plaintiff had reached his existing bid maximum of
$111.00, eBay would disclose whether raising the maximum bid level
would result in the $111.00 bid being raised to the next bid increment
over the last competitive bid of $110.00 and, if so, specify the exact
amount to which the bid would be raised - that is, $112.50.
In addition, eBay has agreed to pay the sum of $2.1 million
("Settlement Fund"). The Settlement Fund will be distributed to one or
more federally tax exempt charities chosen by Plaintiffs' Counsel and
approved by the Court. None of the charities selected by Plaintiffs'
Counsel and approved by the Court shall be directly or indirectly
affiliated or associated with Plaintiffs or their counsel. Based on
information provided by eBay to Plaintiffs' Counsel, the $2.1 million
is estimated to be approximately 50% of the claimed damages and all
other economic harm allegedly incurred by Members of the Class.
Distribution of the Settlement Fund to charitable organizations is
appropriate because any attempt to distribute the Settlement Fund to
individual Members of the Class - whose average recovery would be less
than $1.00 - would result in administrative costs that would consume
any settlement proceeds.
eBay has also agreed to separately pay Plaintiffs' Counsel $800,000
for past and anticipated future attorneys' fees and expenses regarding
the Action, subject to Court approval ("Attorney Fees"). This amount
was negotiated and agreed to after the substantive provisions of the
settlement were reached and after the memorandum setting forth the
material terms of the settlement was executed. Plaintiffs' Counsel,
subject to Court approval, intend to pay up to $104,300.00 and
$150,000.00 to Glenn Block (or Glenn Block, P.C.) and Daniel Block (or
DSB Consulting, Inc.), respectively, for their expert services in this
Action from the Attorney Fees. Glenn Block was the original plaintiff
in the Action and provided technical assistance to Plaintiffs' Counsel
regarding eBay's auction practices, the allegations in the Action, the
calculation of damages and economic harm, and due diligence. Daniel
Block is Glenn Block's son and provided computer, programming and data
mining expertise that was otherwise unavailable to Plaintiffs in a
timely and efficient manner. Their expertise was unique and necessary
for the successful prosecution of the Action.
eBay shall also separately pay, subject to Court approval, the three
Plaintiffs named in the Amended Complaint, $1,000 to reimburse them
for their time, costs and efforts in representing the Class.
III. CONSEQUENCES OF THE SETTLEMENT
If the Court approves the settlement, a judgment will be entered
dismissing the lawsuit with prejudice against eBay and all of its past
and present officers, directors, shareholders, employees, insures,
agents, representatives, partners, joint-ventures, parents,
subsidiaries, affiliates, and attorneys (the "Released Persons"). This
means that Members of the Class will be barred from bringing their own
lawsuit against any of the Released Persons relating to eBay's alleged
practice of raising an eBay bidder's existing bid where no higher
competing bid had been made, and where raising the bid was not
necessary to meet a reserve minimum. If you do not want to be barred
from bring your own lawsuit on such claims, you must validly and
timely request exclusion from the Class, as set forth below.
IV. YOUR OPTIONS
If you are a Class Member, you have the following options:
(A) Participate in the settlement. To participate in the settlement,
you do not need to do anything. If the Court approves the settlement
and the judgment is not successfully appealed, the terms of the
settlement will be implemented.
(B) Request exclusion from the Class and settlement. If you wish to be
excluded from the Class and the settlement, you must send a written
request for exclusion by regular or express mail, so that it is
postmarked no later than January 30, 2007. Your exclusion request must
include (1) your name, address, and telephone number; and (2) a
statement that you wish to be excluded from the Class and settlement
in Rockers v. eBay, Inc., et al., Case No. 1:05-CV-035930. If you
submit a valid and timely exclusion request, you will not participate
in the settlement. You will not be bound by the judgment dismissing
the lawsuit with prejudice as to Released Persons, and your claims
will not be released.
(C) Comment on the settlement. If you remain in the Class, you may
comment in support of or in opposition to the settlement. To do so,
you must, no later than January 30, 2007, file your comment or
objection with the Court and send copies by regular or express mail to
Plaintiffs' Counsel at the addresses below:
The Court:
Clerk of the Court
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Civil Division
191 North First Street
San Jose, CA 95113
Plaintiffs' Counsel:
Jeffrey D. Light
LERACH COUGHLIN STOIA GELLER
RUDMAN & ROBBINS LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Your written comment or objection must include (1) your name, address,
and telephone number; (2) information sufficient to establish your
membership in the Class; (3) a statement of your views; (4) any
supporting documentation you wish to submit; and (5) a reference to
Rockers v. eBay, Inc., et al., Case No. 1:05-CV-035930. If you wish to
appear and present your objection orally at the fairness hearing
described in Part V below, your written objection must contain a
notice that you intend to appear and be heard, a statement of the
positions you intend to present at the hearing, and any supporting
arguments. You may, but need not, appear in the lawsuit through your
own attorney. If you do so, you will be responsible for your own
attorney's fees and expenses.
V. FAIRNESS HEARING
A hearing will be held on February 13, 2007, at 9:00 a.m. before the
Honorable Jack Komar, Superior Court Judge, in Department 17C at the
Santa Clara Superior Old Courthouse, 161 North First Street, San Jose,
California 95113. The purpose of the hearing will be to determine (a)
whether the proposed settlement including the attorneys' fees and
expenses and service awards that eBay has separately agreed to pay
should be approved as fair, reasonable and adequate and should be
granted; and (b) whether the Action and the claims of the Members of
the Class should be dismissed with prejudice pursuant to the
settlement. This hearing may be rescheduled without further notice to
the Class. You may attend the hearing if you wish, but are not
required to do so to participate in the settlement.
VI. HOW TO GET MORE INFORMATION
You can get more information by contacting Plaintiffs' Counsel at the
address listed in Part IV (C). Complete copies of the settlement
agreement and all other pleadings and papers filed in the lawsuit are
available for inspection and copying, during regular business hours,
at the Office of the Clerk of the Court, Superior Court of the State
of California, County of Santa Clara, Civil Division, 161 North First
Street, San Jose, CA 95113.
PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.
DATED: November 8, 2006
BY ORDER OF THE COURT
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, COUNTY OF SANTA CLARA
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