Did anyone else receive this email? - GoFuckYourself.com

theking · 10-06-2010, 10:58 PM

United States District Court For the Western District of Washington
In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ

SUPPLEMENTAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

TO: ALL MEMBERS OF THE SETTLEMENT CLASS AND SETTLEMENT SUBCLASS, AS DEFINED IN THIS NOTICE

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY

1. WHY DID I GET THIS SUPPLEMENTAL NOTICE OF SETTLEMENT?

The purpose of this Supplemental Notice is to inform you of a new deadline for objecting to Class Counsel?s request to the Court for an attorneys? fee award in connection with the proposed settlement (the ?Settlement?) that has been reached in the consolidated class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-cv-0045-RAJ (the ?Litigation?). Furthermore, this Supplemental Notice is to inform you about the reduction in the attorneys? fee award sought by Class Counsel from $1.3 million to $1.05 million, and the additional cy pres contribution of $500,000 that will be made by Defendants to a charity to be approved by the Court in addition to all of the other benefits set forth in the Settlement, including the Injunctive Relief Terms that are set forth at the end of this Supplemental Notice. Finally, this Supplemental Notice is to inform you that the Court has rescheduled the Final Approval Hearing for the Settlement from October 27, 2010 to December 16, 2010. DO NOT APPEAR IN COURT ON OCTOBER 27, 2010.

2. WHAT IS THIS LAWSUIT ABOUT?

In this Litigation, Plaintiffs assert class action claims against Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc. (?Defendants?). Complaints filed in the action allege, among other things, that Defendants sent e-mail messages to subscribers of www.classmates.com that were in violation of the law and engaged in conduct that had the potential to violate www.classmates.com users' privacy rights. Defendants have denied and continue to deny Plaintiffs? allegations and maintain that Defendants have not engaged in any wrongful conduct. Defendants also contend that the Litigation is not suitable for class action treatment. Defendants have nevertheless concluded that it is in their best interests that this Litigation be resolved subject to and on the terms and conditions set forth in the Settlement.

This Settlement is the result of arm?s-length negotiations between Plaintiffs in the Litigation, individually and on behalf of the Settlement Class and Settlement Subclass, and Defendants. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Plaintiffs further believe that this Settlement is in the best interests of the Settlement Class and Settlement Subclass. Please be advised that the United States District Court for the Western District of Washington has not ruled on the merits of Plaintiffs? claims or Defendants? defenses and, therefore, you should not make any assumptions about the strengths or weaknesses of the claims or defenses in the Litigation.

3. WHO IS COVERED BY THE SETTLEMENT?

For settlement purposes, the parties have stipulated to the certification of a Settlement Class and a Settlement Subclass, as defined below.

?Settlement Class?

All Persons, excluding Settlement Subclass members, residing in the United States who were registered with or subscribed to www.classmates.com at any time between October 30, 2004 and April 19, 2010.

?Settlement Subclass?

All Persons residing in the United States who registered with or subscribed to www.classmates.com between January 1, 2007 and April 19, 2010 and who paid for a Gold Membership subscription to www.classmates.com (and did not previously receive a refund of such payment) as a result of:

Upgrading to a Gold Membership through the process on Classmates.com of seeking to see who visited their Guestbook; or
Upgrading to a Gold Membership after clicking on a link to Classmates.com in a Guestbook email, or Connections email that included a Guestbook subject line, and upgrading to a Gold Membership within the same session activated by clicking on that link or within the same day of clicking on that link; or
Upgrading to a Gold Membership within the same day of receiving a Guestbook email or Connections email that included a Guestbook subject line.
You are receiving this Supplemental Notice because you have been identified from Defendants? records as a potential Settlement Class or Settlement Subclass member. There is no overlap between the membership of the Settlement Class and the Settlement Subclass. If you have any questions regarding this Supplemental Notice, please contact the Classmates Settlement Administrator at the address listed in Section 10 below.

4. DO I HAVE A LAWYER IN THIS CASE?

The Court has authorized the following lawyers to represent you and other Settlement Class and Settlement Subclass members:

KELLER ROHRBACK L.L.P
Mark A. Griffin
Amy Williams-Derry
1201 Third Avenue, Suite 3200
Seattle, Washington 98101

KABATECK BROWN KELLNER L.L.P.
Richard L. Kellner
644 South Figueroa Street
Los Angeles, California 90017

These lawyers are called ?Class Counsel.? You will not be charged for these lawyers? fees. If you want to be represented by your own lawyer, you may hire one at your own expense.

5. HOW WILL CLASS COUNSEL BE PAID?

Class Counsel will ask the Court for attorneys? fees and costs to be paid in conjunction with this Settlement. The original Settlement provided that Defendants agreed not to oppose Class Counsel?s request to the Court for attorneys? fees up to $1.3 million, plus costs. This aspect of the Settlement has been amended so that Defendants have agreed not to oppose Class Counsel?s request to the Court for attorneys? fees up to $1.05 million plus costs. Costs may include participation awards of up to $2,500 for each of the two Lead Plaintiffs. Fees and costs that are awarded by the Court will be paid by Defendants separately and will not affect your entitlement to benefits under this Settlement. You will not be obligated to pay any attorneys? fees or costs as a Settlement Class or Settlement Subclass member, nor will any award of attorneys? fees, costs, or participation awards by the Court reduce the amount of Settlement benefit available to Settlement Class or Settlement Subclass members. In addition, the Settlement has been amended to provide for a cy pres payment of $500,000 to a charity to be approved by the Court in addition to all of the other benefits set forth in the Settlement.

A copy of Plaintiffs? Motion For Award Of Attorneys? Fees And Costs And Participation Awards To The Class Representatives (?Fee Request?), including a detailed accounting of the time and expenses spent by Class Counsel on the Litigation, will be filed with the Court by October 12, 2010, and will be available at the following website: WWW.CMEMAILSETTLEMENT.COM.

theking · 10-06-2010, 11:00 PM

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.

--------------------------------------------------------------------------------

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 ?Classmates® Guestbook?. In addition, the Classmates® Guestbook webpage will contain a hyperlink titled ?What?s This?? or some other language indicating an opportunity to learn more about the Classmates® 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 Classmates® Guestbook feature works, including how Classmates® Guestbook names are left behind (either manually when the other member?s Classmates® Guestbook setting is on ?quiet? mode or automatically when the other member?s Classmates® 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 Classmates® 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 Classmates® 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.

sologirlcontent · 10-06-2010, 11:05 PM

nope..but I wished I did, looks like a fun read

pamon · 10-06-2010, 11:49 PM

if you paid for classmates.com you deserve an ass kicking. waste of a site

theking · 10-06-2010, 11:59 PM

Quote:

Originally Posted by pamon

if you paid for classmates.com you deserve an ass kicking. waste of a site

I am not a member of classmates.com...period.

Adraco · 10-07-2010, 02:23 AM

I registered for classmates many years ago, never paid. Still have the account connected to an old email. As far as I know, classmates was sued and the outcome here if I remember correctly was a rebate of say $5 or so if you purchase membership. I did get that email sent to my old email about 2-4 months ago, just read it, never cared to respond or act upon it.

Much ado about nothing, in my opinion.

10-06-2010, 11:00 PM	#2
theking Nice Kitty Industry Role: Join Date: Sep 2002 Location: The good old USA!!! Posts: 21,053	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. -------------------------------------------------------------------------------- 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 ?Classmates® Guestbook?. In addition, the Classmates® Guestbook webpage will contain a hyperlink titled ?What?s This?? or some other language indicating an opportunity to learn more about the Classmates® 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 Classmates® Guestbook feature works, including how Classmates® Guestbook names are left behind (either manually when the other member?s Classmates® Guestbook setting is on ?quiet? mode or automatically when the other member?s Classmates® 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 Classmates® 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 Classmates® 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. __________________ When you're running down my country hoss...you're walking on the fighting side of me! FOR THE LYING LOWLIFE POSTING AS PATHFINDER...https://gfy.com/fucking-around-and-pr...athfinder.html

10-06-2010, 11:49 PM	#4
pamon Confirmed User Industry Role: Join Date: Dec 2007 Posts: 3,103	if you paid for classmates.com you deserve an ass kicking. waste of a site __________________ Email: [email protected] Skype: davidamodt. / TG: Davidamodt US Adult Content & Porn Writer Project/Sites/Tubes/Reviews & More

10-07-2010, 02:23 AM	#6
Adraco Confirmed User Industry Role: Join Date: May 2009 Location: Onboard an airplane around the globe Posts: 3,733	I registered for classmates many years ago, never paid. Still have the account connected to an old email. As far as I know, classmates was sued and the outcome here if I remember correctly was a rebate of say $5 or so if you purchase membership. I did get that email sent to my old email about 2-4 months ago, just read it, never cared to respond or act upon it. Much ado about nothing, in my opinion. __________________ ---------------------------------------------------------------------------------- The truth is not affected by the beliefs, or doubts, of the majority.

10-06-2010, 10:58 PM	#1
theking Nice Kitty Industry Role: Join Date: Sep 2002 Location: The good old USA!!! Posts: 21,053	Did anyone else receive this email? United States District Court For the Western District of Washington In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ SUPPLEMENTAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT TO: ALL MEMBERS OF THE SETTLEMENT CLASS AND SETTLEMENT SUBCLASS, AS DEFINED IN THIS NOTICE PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY 1. WHY DID I GET THIS SUPPLEMENTAL NOTICE OF SETTLEMENT? The purpose of this Supplemental Notice is to inform you of a new deadline for objecting to Class Counsel?s request to the Court for an attorneys? fee award in connection with the proposed settlement (the ?Settlement?) that has been reached in the consolidated class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-cv-0045-RAJ (the ?Litigation?). Furthermore, this Supplemental Notice is to inform you about the reduction in the attorneys? fee award sought by Class Counsel from $1.3 million to $1.05 million, and the additional cy pres contribution of $500,000 that will be made by Defendants to a charity to be approved by the Court in addition to all of the other benefits set forth in the Settlement, including the Injunctive Relief Terms that are set forth at the end of this Supplemental Notice. Finally, this Supplemental Notice is to inform you that the Court has rescheduled the Final Approval Hearing for the Settlement from October 27, 2010 to December 16, 2010. DO NOT APPEAR IN COURT ON OCTOBER 27, 2010. 2. WHAT IS THIS LAWSUIT ABOUT? In this Litigation, Plaintiffs assert class action claims against Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc. (?Defendants?). Complaints filed in the action allege, among other things, that Defendants sent e-mail messages to subscribers of www.classmates.com that were in violation of the law and engaged in conduct that had the potential to violate www.classmates.com users' privacy rights. Defendants have denied and continue to deny Plaintiffs? allegations and maintain that Defendants have not engaged in any wrongful conduct. Defendants also contend that the Litigation is not suitable for class action treatment. Defendants have nevertheless concluded that it is in their best interests that this Litigation be resolved subject to and on the terms and conditions set forth in the Settlement. This Settlement is the result of arm?s-length negotiations between Plaintiffs in the Litigation, individually and on behalf of the Settlement Class and Settlement Subclass, and Defendants. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Plaintiffs further believe that this Settlement is in the best interests of the Settlement Class and Settlement Subclass. Please be advised that the United States District Court for the Western District of Washington has not ruled on the merits of Plaintiffs? claims or Defendants? defenses and, therefore, you should not make any assumptions about the strengths or weaknesses of the claims or defenses in the Litigation. 3. WHO IS COVERED BY THE SETTLEMENT? For settlement purposes, the parties have stipulated to the certification of a Settlement Class and a Settlement Subclass, as defined below. ?Settlement Class? All Persons, excluding Settlement Subclass members, residing in the United States who were registered with or subscribed to www.classmates.com at any time between October 30, 2004 and April 19, 2010. ?Settlement Subclass? All Persons residing in the United States who registered with or subscribed to www.classmates.com between January 1, 2007 and April 19, 2010 and who paid for a Gold Membership subscription to www.classmates.com (and did not previously receive a refund of such payment) as a result of: Upgrading to a Gold Membership through the process on Classmates.com of seeking to see who visited their Guestbook; or Upgrading to a Gold Membership after clicking on a link to Classmates.com in a Guestbook email, or Connections email that included a Guestbook subject line, and upgrading to a Gold Membership within the same session activated by clicking on that link or within the same day of clicking on that link; or Upgrading to a Gold Membership within the same day of receiving a Guestbook email or Connections email that included a Guestbook subject line. You are receiving this Supplemental Notice because you have been identified from Defendants? records as a potential Settlement Class or Settlement Subclass member. There is no overlap between the membership of the Settlement Class and the Settlement Subclass. If you have any questions regarding this Supplemental Notice, please contact the Classmates Settlement Administrator at the address listed in Section 10 below. 4. DO I HAVE A LAWYER IN THIS CASE? The Court has authorized the following lawyers to represent you and other Settlement Class and Settlement Subclass members: KELLER ROHRBACK L.L.P Mark A. Griffin Amy Williams-Derry 1201 Third Avenue, Suite 3200 Seattle, Washington 98101 KABATECK BROWN KELLNER L.L.P. Richard L. Kellner 644 South Figueroa Street Los Angeles, California 90017 These lawyers are called ?Class Counsel.? You will not be charged for these lawyers? fees. If you want to be represented by your own lawyer, you may hire one at your own expense. 5. HOW WILL CLASS COUNSEL BE PAID? Class Counsel will ask the Court for attorneys? fees and costs to be paid in conjunction with this Settlement. The original Settlement provided that Defendants agreed not to oppose Class Counsel?s request to the Court for attorneys? fees up to $1.3 million, plus costs. This aspect of the Settlement has been amended so that Defendants have agreed not to oppose Class Counsel?s request to the Court for attorneys? fees up to $1.05 million plus costs. Costs may include participation awards of up to $2,500 for each of the two Lead Plaintiffs. Fees and costs that are awarded by the Court will be paid by Defendants separately and will not affect your entitlement to benefits under this Settlement. You will not be obligated to pay any attorneys? fees or costs as a Settlement Class or Settlement Subclass member, nor will any award of attorneys? fees, costs, or participation awards by the Court reduce the amount of Settlement benefit available to Settlement Class or Settlement Subclass members. In addition, the Settlement has been amended to provide for a cy pres payment of $500,000 to a charity to be approved by the Court in addition to all of the other benefits set forth in the Settlement. A copy of Plaintiffs? Motion For Award Of Attorneys? Fees And Costs And Participation Awards To The Class Representatives (?Fee Request?), including a detailed accounting of the time and expenses spent by Class Counsel on the Litigation, will be filed with the Court by October 12, 2010, and will be available at the following website: WWW.CMEMAILSETTLEMENT.COM. __________________ When you're running down my country hoss...you're walking on the fighting side of me! FOR THE LYING LOWLIFE POSTING AS PATHFINDER...https://gfy.com/fucking-around-and-pr...athfinder.html

10-06-2010, 11:05 PM	#3
sologirlcontent So Fucking Banned Join Date: Jan 2007 Posts: 2,617	nope..but I wished I did, looks like a fun read