What is this all about?
This class action relates to alleged price fixing of Dynamic Random Access Memory “DRAM”. DRAM is the most commonly used semiconductor memory product, providing high-speed storage and retrieval of electronic information for a wide variety of computer, telecommunications and consumer electronics products. The defendants were the primary manufacturers of DRAM for supply to consumers and to original equipment manufacturers of a wide variety of products including personal computers, laptop computers, workstation computers and servers.
Pour de plus amples information en Français: vous pouvez consulter le site Internet: http://www.recourscollectif.info/fr/dossiers/dram/
What has happened in the litigation?
The Amended Consolidated Statement of Claim was entered in the Supreme Court of British Columbia on June 16, 2010 (original filed on December 20, 2004).
The plaintiff lost its application for class certification in the Supreme Court of British Columbia in 2007 but was successful on appeal to the British Columbia Court of Appeal on November 12, 2009.
The class action was certified by the British Columbia Court of Appeal on February 23, 2010 (Pro-Sys Consultants v. Infineon Technologies AG, 2009 BCCA 503). The Supreme Court of Canada refused the defendants’ application for leave to appeal on June 3, 2010.
Class actions have also been initiated in Ontario and Quebec.
This proceeding is not yet certified in Ontario.
In Quebec, the plaintiffs lost their application for authorization (certification) of a class proceeding in the Superior Court of Quebec. They were successful on appeal, and the Quebec Court of Appeal authorized (certified) the class proceeding on November 16, 2011. The defendants are currently seeking leave to appeal the Quebec Court of Appeal decision to the Supreme Court of Canada.
Are there any settlements?
The plaintiffs in BC, Ontario, and Quebec have reached a settlement with two of the defendants, Elpida Memory, Inc. and Elpida Memory (USA), Inc. (“Elpida”).
Under this agreement, Elpida will pay $5.75 million plus certain interest for the benefit of the settlement class and provide co-operation to the plaintiffs in prosecuting the class actions against the remaining non-settling defendants in exchange for a full release against it and its related entities relating to the BC, Ontario and Quebec actions.
Notice of the Elpida settlement was published on April 2, 2012. The BC Court approved the notices and certified the BC action against Elpida for settlement purposes on January 26, 2012. The Ontario court approved the notices and certified the Ontario action against Elpida for settlement purposes on March 27, 2012. The Quebec court also approved the notices and certified the Quebec action against Elpida for settlement purposes on March 27, 2012.
Copies of the notices are available below.
The class actions in BC, Ontario and Quebec are continuing against the remaining non-settling defendants.
Who benefits from the Elpida settlement?
You are a member of the settlement class if you fit into one of the following three categories:
1. B.C. Settlement Class
All Persons resident in British Columbia at the time of purchase and/or at the time of notice who purchased DRAM Products during the Settlement Class Period, except Excluded Persons.
2. Ontario Settlement Class
(a) All Persons resident in Canada at the time of purchase and/or
at the time of notice who purchased DRAM Products during
the Settlement Class Period, except Excluded Persons and
Persons who are included in the B.C. Settlement Class and
the Quebec Settlement Class; and
(b) all Persons resident in the United States at the time of
purchase and/or at the time of notice who purchased DRAM
Products in Canada during the Settlement Class Period to the
extent that such Persons have actual or potential claims as
against the Defendants in respect of DRAM Products that
have not been wholly or completely settled or extinguished in
the U.S. Settlement or otherwise in respect of the U.S.
3. Quebec Settlement Class
All Persons resident in Quebec at the time of purchase and/or at the time of notice who purchased DRAM Products during the Settlement Class Period, except Excluded Persons and any legal person established for a private interest, partnership or association which at any time between October 5, 2003 and October 5, 2004 had under its direction or control more than 50 persons bound to it by contract of employment or that is not dealing at arm’s length with Option consommateurs.
DRAM Products generally means DRAM and products containing DRAM (but does not include SRAM).
Settlement Class Period means April 1, 1999 to June 30, 2002.
Excluded Persons generally means the defendants and their related companies and officers and directors.
Do I have to do anything to be a settlement class member?
You do not need to do anything as long as you fall within one of the definitions above, and you want to participate as a class member. You will be entitled to participate in the Elpida settlement and you will be legally bound by the result of the ongoing actions in BC, Ontario and Quebec. You will also be entitled to participate in any future settlements and/or judgments against the remaining defendants.
If you do not fall within the definitions, you cannot be a settlement class member.
Will I get any money?
The settlement funds will be held in trust at this time for the benefit of the settlement class members while the actions continue against the other non-settling defendants.
If you fall within one of the definitions of the settlement class above, you should retain all of your proofs of purchase as they may be required for a claims process in the future. You should also continue to monitor this website periodically for future status updates about distribution and other matters. Notice of distribution will be given in the future.
What if I do not want be a member of the settlement class?
If you fall within one of the definitions of the settlement class above and you do not want to participate as a class member, you must opt out of the class action.
If you opt out you can bring your own lawsuit but you cannot participate in the Elpida settlement nor collect any money that may be paid to class members as a result of it or any future settlements or judgments in respect of the DRAM class proceedings across Canada.
To opt out, you must contact one of the lawyers listed below based on where you live before June 2, 2012. If you do not opt out before June 2, 2012 you will be a class member and not be given another opportunity to exclude yourself from the class actions.
Residents of BC:
Residents of Quebec:
Residents of the rest of Canada or the US:
Sutts Strosberg LLP
Attention: Heather Rumble Peterson
1-800-229-5323 ext. 8296
What if I do not agree with the settlement?
Hearings have been set for June 13, 2012 at 9:00 a.m. in British Columbia, June 20, 2012 at 9:00 a.m. in Ontario and June 22, 2012 at 9:30am in Quebec for the Courts to consider approval of the Elpida settlement. The courts will determine whether the Elpida settlement is fair, reasonable, and in the best interests of the class members and what fees and expenses will be paid to the lawyers as a result of this settlement.
If you fall within one of the definitions of the settlement class above and you wish to comment on or object to the Elpida settlement, you must deliver a written submission to the appropriate lawyer above by June 2, 2012. The lawyer will forward any submissions to the appropriate Court.
Who pays the lawyers?
The lawyers get paid a percentage of the funds received in settlement or at trial plus expenses and taxes out of the funds received. The Courts determine the amount of the lawyers’ fees and expenses to be paid from any settlement or judgment.
The lawyers for the plaintiffs will collectively be requesting that legal fees of up to 1/3 of the Elpida settlement funds plus expenses and taxes be approved by the Courts and paid out of the Elpida settlement funds.
If you fall within one of the definitions of the settlement class above and you wish to comment on or make an objection to the Class Counsel fees, you must deliver a written submission to the appropriate Class Counsel at the addresses listed above by June 2, 2012. Class Counsel will forward all such submissions to the appropriate court.
Amended Consolidated Statement of Claim (BC)
British Columbia Certification Order
Quebec Certification Reasons
Settlement Agreement with Elpida
British Columbia Order Approving Notice and Certifying for Settlement
Ontario Order Approving Notice and Certifying for Settlement
Quebec Order Approving Notice and Certifying for Settlement
Short Notice of Certification and Settlement With Elpida
Long Notice of Certification and Settlement With Elpida
Court avis d’autorisation d’exercer un recours collectif
Long avis d’autorisation d’exercer un recours collectif
If you have questions related to this action, please contact Jonathan Foreman.