6. CAN I TELL THE COURT THAT I DON?T LIKE THE FEE REQUEST?
If you are a Settlement Class or Settlement Subclass member, and you have not previously requested exclusion from the Settlement Class or Settlement Subclass, you may object to the Fee Request if you like. The Court will consider your views. To object to the Fee Request, you must file with the Court a written notice of intent to object. The written notice of intent to object must contain a caption that includes In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045. The written notice of intent to object to the Fee Request must also include your name, address, telephone number, your signature, and must state whether you intend to appear at the Final Approval Hearing. If you are represented by counsel, your written notice of intent to object must also include the name, address, bar number and telephone number of your counsel, and state whether your counsel intends to appear at the Final Approval Hearing. If you are represented by counsel and your counsel intends to speak at the Final Approval Hearing, the written notice of intent to object must also contain: (a) a detailed statement of the specific legal and factual basis for each and every objection; and (b) a detailed description of any and all evidence you may offer at the Final Approval Hearing, including copies of any and all exhibits that you may introduce.
If you previously filed an objection with the Court to any other provision of the Settlement Agreement, you do not need to re-file your objection. The Court will consider your objection at the Final Approval Hearing. The deadline for filing all other objections has passed. Only file an objection now if you object to the Fee Request.
You must file your written notice of intent to object to the Fee Request with the Clerk of the Court no later than November 19, 2010. You must also mail the objection to Class Counsel and to Defense Counsel by First Class U.S. Mail, postmarked no later than November 19, 2010. The addresses for the Court, Class Counsel, and Defense Counsel are below.
THE COURT
The Honorable Richard A. Jones
U.S. Courthouse
700 Stewart Street, Suite 13128
Seattle, WA 98101 CLASS COUNSEL
KELLER ROHRBACK L.L.P.
Mark. A. Griffin
Amy Williams-Derry
1201 Third Avenue, Suite 3200
Seattle, WA 98101
KABATECK BROWN KELLNER L.L.P.
Richard L. Kellner
644 South Figueroa Street
Los Angeles, CA 90017
DEFENSE COUNSEL
DLA PIPER LLP (US)
Stellman Keehnel
Russ Wuehler
701 Fifth Avenue, Suite 7000
Seattle, WA 98104
7. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT AND THE FEE REQUEST?
The Court will hold a hearing to decide whether to approve the Settlement and Fee Request. You may attend, and you may ask to speak, but there is no requirement that you do so.
The Court will hold a Final Approval Hearing on December 16, 2010, at 1:30 p.m., at the United States District Court, Western District of Washington, before the Honorable Richard A. Jones, Courtroom 13128, 700 Stewart Street, Seattle, Washington 98101. Previously, the Final Approval Hearing was scheduled for October 27, 2010. This date was postponed to provide members of the Settlement Class and the Settlement Subclass with an additional opportunity to object to the Fee Request.
At the newly scheduled Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate to the Settlement Class and Settlement Subclass, as well as Class Counsel?s Fee Request. The Court will consider any objections made according to the procedures described above. You cannot speak at the hearing if you have previously excluded yourself from the Settlement. After the hearing, the Court will decide whether to approve the Settlement and how much to award Class Counsel in attorneys? fees and expenses. It is not known how long those decisions will take.
8. DO I HAVE TO ATTEND THE HEARING?
No. Class Counsel will answer questions that the Court may have. But, you are welcome to attend at your own expense. If you send an objection, you don?t have to come to the Final Approval Hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
9. WHAT IF I PREVIOUSLY FILED A CLAIM OR OBJECTION, OR IF I EXCLUDED MYSELF FROM THE SETTLEMENT?
If you previously filed a claim or objection, you do not need to re-file your claim or objection. The Court will consider all previously filed objections at the Final Approval Hearing. If the Settlement is approved by the Court, all claimants will receive the benefit for which they previously submitted a claim. Similarly, if you previously excluded yourself from the Settlement, you are still excluded and need to do nothing further.
10. ARE THERE MORE DETAILS ABOUT THE SETTLEMENT AND FEE REQUEST?
Yes. If you would like more information concerning the Litigation or the Settlement and the amendment to the Settlement, or the Fee Request, you should inspect the complete settlement documents, papers and pleadings filed in the Litigation. You may also learn more about this Settlement by contacting the Settlement Administrator at:
In re Classmates.com Consolidated Litigation
c/o The Garden City Group, Inc.
P.O. Box 9481
Dublin, OH 43017-4581
Additionally, information about this Settlement and the Fee Request is available at the following website:
WWW.CMEMAILSETTLEMENT.COM.
PLEASE DO NOT CALL THE COURT, THE CLERK, CLASSMATES ONLINE, INC., CLASSMATES MEDIA CORPORATION, OR UNITED ONLINE, INC.
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Injunctive Relief Terms
For a period of two years starting with entry of an order and judgment granting final approval of the settlement, Classmates will be enjoined to do the following:
To the extent that Classmates continues to use the term ?guestbook? in connection with the existing guestbook feature, it will not use this term on a stand-alone basis, but will instead call it ?ClassmatesŪ Guestbook?. In addition, the ClassmatesŪ Guestbook webpage will contain a hyperlink titled ?What?s This?? or some other language indicating an opportunity to learn more about the ClassmatesŪ Guestbook feature. When a member clicks on this hyperlink, it will take that member to a pop-up window or landing page that explains how the ClassmatesŪ Guestbook feature works, including how ClassmatesŪ Guestbook names are left behind (either manually when the other member?s ClassmatesŪ Guestbook setting is on ?quiet? mode or automatically when the other member?s ClassmatesŪ Guestbook setting is on ?normal? mode) and that, because members? profiles can be viewed by all members of Classmates.com, other members who have left their names behind may not be people that the visited member knows or who belong to one of that member?s affiliations.
In either the Terms of Service or Privacy Policy, the ClassmatesŪ Guestbook feature will be clearly explained (in the same way as it is explained in the pop-up window in #1 above).
Classmates will improve the Help area of the website to explain the ClassmatesŪ Guestbook feature in the same way that it is described in #1 above and to explain how members can manage their email subscriptions.
Classmates will revise its Privacy Policy to clearly explain that certain emails Classmates sends to it members contain links that check for existing Classmates cookies on a member?s computer and, if no authentication cookie is found, will set such a cookie so that the member can be logged into the site without the need to enter a password. The policy will further explain, therefore, that members should not forward the emails they receive from Classmates to anyone else and should keep them secure. The Privacy Policy will also fully explain what a ?cookie? is and how cookies are used in the internet context. The policy will explain that by visiting Classmates.com and not opting out of the use of cookies (by affirmatively clicking a link stating that the computer should not remember the user), the user consents to the addition of a ?cookie? on the computer.
In every email that Classmates sends that contains a cookie as described above, the footer will contain the following language: ?TO PROTECT YOUR PRIVACY, DO NOT FORWARD THIS EMAIL TO ANYONE NOT AUTHORIZED BY YOU TO ACCESS YOUR CLASSMATES.COM PROFILE.? After that statement, there will be a link that says ?For more information, see our Privacy Policy?, with ?Privacy Policy? being a hyperlink that will take the member to the Privacy Policy.
On every member?s profile page, there will be a link that says ?Not [name]?? or other similar language. When a member clicks that link, it will take the members to a page that states, ?If you are not the person to whom the account you are currently logged into belongs, you may be in violation of Classmates.com?s Privacy Policy and/or Terms of Service, and you may be violating the privacy rights of another individual. Classmates.com does not permit the unauthorized use of member profiles and may prosecute or assist in the prosecution of any unauthorized privacy violations.? The member will also be given the opportunity to logout of the site, with the option to have the member?s password remembered or not remembered on that computer, along with a warning that the member should choose the option to not have the member?s password remembered if the computer is publicly available or shared with others.