This website was established to inform you of the proposed settlement of a lawsuit concerning Sony VAIO® GRX Notebook computers in the 500 and 600 series. The specific model numbers included in the proposed settlement are:
- PCG-GRX500, PCG-GRX510, PCG-GRX520, PCG-GRX550
- PCG-GRX560, PCG-GRX570, PCG-GRX580, PCG-GRX590
- PCG-GRX600, PCG-GRX650, PCG-GRX670, PCG-GRX690
- How do I find my model number?
This website will be updated periodically. The lawsuit is currently pending in the Superior Court of California, County of San Diego. The case is called Martin Hapner v. Sony Electronics Inc., Superior Court of California, San Diego County, Case No. 839244.
Listed below is information related to the settlement.
Important Dates & Deadlines
- Last Day To Submit a Request for Exclusion: January 4, 2010
- Last Day To File an Objection: January 4, 2010
- Last Day To Send A Claim Form: April 3, 2010
- Final Settlement Approval Hearing Date: February 18, 2010
Documents
For best results use the latest version of Adobe® Reader® to view .PDF files. 
FREQUENTLY ASKED QUESTIONS
- What is this lawsuit about?
- Why is the case a class action?
- Why is there a settlement?
- How do I know if I am part of the settlement?
- What are my options if I am a member of the Settlement Class?
- What are the possible benefits of this settlement?
- How can I tell which benefits I may be eligible for?
- When will I get the benefits from this settlement?
- Am I giving anything up in return for my benefit?
- How do I remain part of the Settlement Class?
- How to not participate in the Settlement Class
- How to object to the settlement.
- What is the difference between excluding and objecting?
- What if I don't do anything?
- Can I appear at the settlement hearing?
- Do I need to hire my own attorney?
- Who are Plaintiffs' Attorneys?
- How much are Plaintiffs' Attorneys being paid?
- When will the settlement become final?
- What happens if the settlement is not approved?
- How can I get a claim form?
- Where can I get more information?
- Why is there a settlement?
What is this lawsuit about? (top)
A lawsuit was filed regarding Sony VAIO® GRX Notebook computers in the 500 and 600 series. The Plaintiff in the case claims that the computers were defectively designed and that the solder joints holding the memory sockets onto the motherboards of the computers would fail prematurely. The Plaintiff claims this resulted in failure to boot, inability to access installed memory, freezing and other related symptoms. Sony Electronics Inc., the Defendant in the case, says it did not do anything wrong and that there is nothing wrong with the computers.
The court in charge of the lawsuit is the Superior Court of the State of California, County of San Diego.
Why is the case a class action? (top)
In a class action lawsuit, one or more people called "Class Representatives" (in this case Plaintiff Martin Hapner) sue on behalf of people whom they claim have similar claims. The people together are a "Class" or "Class Members." One court decides the lawsuit for everyone in the Class. The court in this case has decided that the lawsuit can proceed as a class action.
Why is there a settlement? (top)
The court has not decided who is right or wrong. Instead, Plaintiff and Sony agreed to a settlement. That way, they avoid the costs and risks of a trial and, if the settlement is approved, benefits are provided to the Class. If the settlement is ultimately not approved by the court, then Class Members will not get the benefits of this settlement, and the Plaintiff will need to go back to court to prove his case through trial.
How do I know if I am part of the settlement? (top)
You are a Class Member and part of the settlement if you are a person or entity in the United States, and you purchased or received as a gift a Sony VAIO® GRX Notebook computers with one of the following model numbers, including configure-to-order models within the Sony VAIO® GRX 500 and 600 series:
- PCG-GRX500, PCG-GRX510, PCG-GRX520, PCG-GRX550
- PCG-GRX560, PCG-GRX570, PCG-GRX580, PCG-GRX590
- PCG-GRX600, PCG-GRX650, PCG-GRX670, PCG-GRX690
- How do I find my model number?
What are my options if I am a member of the Settlement Class? (top)
If you are a member of the Settlement Class, you may (1) remain in the Settlement Class, submit a valid claim, and be eligible to receive the benefits of, and be bound by, the proposed settlement; (2) remain in the Settlement Class, do nothing and receive no benefit, and be bound by the proposed settlement; (3) remain in the Settlement Class and object to the proposed settlement; or (4) exclude yourself from the Settlement Class and not participate in the proposed settlement and its benefits.
What are the possible benefits of this settlement? (top)
If you are a Class Member, you may be eligible to receive benefits from the settlement if you paid to have the motherboard of your computer replaced or the memory sockets(s) of the computer resoldered. You may also be eligible to receive benefits from the settlement if you obtained a written estimate for the cost to have the motherboard of your computer replaced or the memory sockets(s) of the computer resoldered.
Benefits will be paid in the form of checks, which shall remain valid and negotiable for ninety (90) days after issuance.
How can I tell which benefits I may be eligible for? (top)
If you paid Sony or a third party service provider to replace the motherboard of your computer or to resolder the memory socket(s) due to failure to boot, inability to access installed memory, freezing and/or other related symptoms, you may be eligible to receive a payment based on the timing and cost of the repair.
| Timing of Repair After Purchase | Payment Amount |
|---|---|
| 12 months 1 day to 18 months | 100% of documented repair cost |
| 18 months 1 day to 24 months | 40% of documented repair cost |
| 24 months 1 day to 36 months | 10% of documented repair cost |
If you obtained a written estimate of the cost for Sony or a third party service provider to replace the motherboard of your computer or to resolder the memory socket(s) due to failure to boot, inability to access installed memory, freezing and/or other related symptoms, but opted not to have the repair completed, you may be eligible to receive a payment based on the timing of the estimate.
| Timing of Repair Estimate After Purchase | Payment Amount |
|---|---|
| 12 months 1 day to 18 months | $200.00 |
| 18 months 1 day to 24 months | $55.00 |
| 24 months 1 day to 36 months | $27.50 |
If you wish to file a claim you may download a claim form or obtain one by writing to: Sony VAIO Class Counsel, SHEPHERD, FINKELMAN, MILLER & SHAH, LLC, 35 East State Street, Media, PA 19063.
When will I get the benefits from this settlement? (top)
You will not get any benefits from the settlement until after the court gives its final approval to the settlement, and after the deadline for appeals has passed. The court have tentatively scheduled a hearing for February 18, 2010, to consider whether to give that approval. If the court approves the settlement, the earliest you may receive any benefit is March 30, 2010, and it could be later.
Am I giving anything up in return for my benefit? (top)
Unless you get out of the settlement (which is called "excluding yourself" or "opting out"), you are part of the Class. By staying part of the Class, court orders will apply to you and you will give Sony a "release." A release means you can't sue or be part of any other lawsuit against Sony about the claims or issues in this lawsuit ever again.
How do I remain part of the Settlement Class? (top)
If you are in the Settlement Class, you do not need to take action to remain a member, although to obtain a benefit you must complete and file a claim form. If you wish to file a claim, you can download a claim form or obtain one by writing to: Sony VAIO Class Counsel, SHEPHERD, FINKELMAN, MILLER & SHAH, LLC, 35 East State Street, Media, PA 19063.
How to not participate in the Settlement Class. (top)
If you exclude yourself from the settlement, you will not receive any of the benefits of the settlement. However, you will not be bound by any judgment or settlement of this class action lawsuit and you will keep your right to sue Defendants independently, if you wish to do so. To exclude yourself from the settlement, you may download an exclusion form and instructions or obtain one by writing to the Sony VAIO Class Counsel, SHEPHERD, FINKELMAN, MILLER & SHAH, LLC, 35 East State Street, Media, PA 19063.
Alternatively, you may submit a signed letter which must include your full name, current address, the model and serial number (if available) of your computer, and a statement that you wish to exclude yourself from settlement.
Requests for exclusion must be postmarked by no later than January 4, 2010, and must be sent to both of the following addresses:
| ATTN: CLASS ACTION OPT-OUT | ATTN: CLASS ACTION OPT-OUT |
|---|---|
| Luanne Sacks John R. Hurley | James C. Shah, Esq. |
| DLA PIPER LLP (US) | SHEPHERD, FINKELMAN, MILLER & SHAH, LLC |
| 555 Mission Street, Suite 2400 | 35 East State Street |
| San Francisco, CA 94105-2933 | Media, PA 19063 |
How to object to the settlement (top)
To object to the settlement, you must file your objection in the San Diego County Superior Court. Objections must be filed with the court by no later than January 4, 2010. You must send a copy of your objection to both of the following addresses:
| ATTN: CLASS ACTION OBJECTION | ATTN: CLASS ACTION OBJECTION |
|---|---|
| Luanne Sacks John R. Hurley | James C. Shah, Esq. |
| DLA PIPER LLP (US) | SHEPHERD, FINKELMAN, MILLER & SHAH, LLC |
| 555 Mission Street, Suite 2400 | 35 East State Street |
| San Francisco, CA 94105-2933 | Media, PA 19063 |
The objection should include your full name, current address, the model and serial number (if available) of your Sony VAIO® GRX Notebook computer(s), your objection to the settlement, and any reasons supporting your position.
If you or your lawyer wish to talk about your objection at the court's final approval hearing in San Diego, you must include the following sentence in your objection: "I intend to appear at the hearing." If you do not file an objection according to the procedures listed above, you will not be allowed to raise any objection later.
What is the difference between excluding and objecting? (top)
Excluding yourself or opting out means getting out of the settlement altogether - you will not receive any benefits or be bound by the terms of the settlement. Objecting means remaining in the settlement, but complaining about some part of it you don't like.
What if I don't do anything? (top)
If you do nothing, you will not receive any benefits from this settlement, but you will still be a Class Member. You will be bound by the terms of the settlement, which means you cannot bring a lawsuit against Sony regarding the same claims.
Can I appear at the settlement hearing? (top)
As long as you don't exclude yourself, you can (but do not have to) participate and speak for yourself. This is called making an appearance. You can also have your own lawyer speak for you, but you will have to pay for the lawyer yourself. In order to make an appearance, or in order for your attorney to make an appearance on your behalf, you must have filed a proper objection, before the deadline of January 4, 2010.
Do I need to hire my own attorney? (top)
You do not need to hire an attorney, but you can if you want to. You, and the entire Class, are already represented by a group of attorneys listed below, who are known as Plaintiffs' Attorneys. You do not have to pay for Plaintiffs' Attorneys' services. You may contact Plaintiffs' Attorneys if you have any questions about this notice or settlement, but please do not contact Sony or the court.
Who are Plaintiffs' Attorneys? (top)
The lead Plaintiffs' Attorneys are: James Shah and James Miller of the law firm SHEPHERD, FINKELMAN, MILLER & SHAH, LLC. Class Members may contact these attorneys at:
SHEPHERD, FINKELMAN, MILLER & SHAH, LLC
35 East State Street
Media, PA 19063
http://www.sfmslaw.com
How much are Plaintiffs' Attorneys being paid? (top)
It is up to the court to decide how much Plaintiffs' Attorneys may be paid by Sony for attorneys' fees and expenses. Sony will not oppose a request for up to $625,000 and Plaintiffs' Attorneys have agreed not to ask the court for more than that amount. This request for fees will be made in the San Diego County Superior Court as part of the final settlement approval process. Any amount awarded to Plaintiffs' Attorneys by the court will be paid by Sony, and will not reduce any Class Member benefits
When will the settlement be final? (top)
The court has tentatively scheduled final settlement fairness hearings, to be held on February 18, 2010, to decide whether to approve the settlement and award attorneys' fees and costs. The court is located at 330 West Broadway, San Diego, California 92101. The hearing may be rescheduled to a later time without further notice. You may, but do not have to, attend the final approval hearings. After the court rules on the final approval and the time to appeal has expired, the settlement will become final.
What happens if the settlement is not approved? (top)
If the court does not approve the settlement or the settlement does not become final, Class Members will not receive any of the benefits described in this notice. It will be as if no settlement had been reached and no class had been established.
How can I get a claim form? (top)
You can download a claim form or obtain one by writing to: Sony VAIO Class Counsel, SHEPHERD, FINKELMAN, MILLER & SHAH, LLC, 35 East State Street, Media, PA 19063.
Where can I get more information? (top)
Click here to review a complete copy of the Settlement Agreement between the parties.
If you would like more information about this settlement, you can contact Plaintiffs' Attorneys at:
SHEPHERD, FINKELMAN, MILLER & SHAH, LLC
35 East State Street
Media, PA 19063
http://www.sfmslaw.com
This website will be updated periodically. Please check back for updated information about the status of the settlement and whether it has received final approval from the court.
Once the court grants final approval of the settlement, you may call the following toll free telephone number to check the status of any claim you may have submitted: 1-866-218-4481
Please do not contact Sony or the courts.