NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
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- Mae Montgomery
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1 Peter Roeser, individually and on behalf of all others similarly situated, Plaintiff vs. Best Buy Co., Inc., Best Buy Stores, L.P., BBY Solutions, Inc., Bestbuy.com, LLC, and Geek Squad, Defendants. No. 13-cv JRT-HB NOTICE OF PROPOSED CLASS ACTION SETTLEMENT TO: All individuals who purchased Geek Squad s Home Networking Made Simple product from Geek Squad or Best Buy since July 22, 2012, and all individuals who, on July 22, 2012, had Home Networking Made Simple contracts that had not yet expired or come up for renewal. If you do not wish to be part of the settlement, you must submit a written request for exclusion using the instructions below. WHAT THIS LAWSUIT IS ABOUT: Peter Roeser, the Plaintiff in this case, alleged that Geek Squad and Best Buy failed to provide him the Home Networking Made Simple product he purchased. Home Networking Made Simple was a product that offered both home network installation and six months of ongoing technical support. Specifically, Roeser alleged that when he called Best Buy to have his home network installed, which occurred more than six months after his purchase, he was told that his contract had expired and he could no longer schedule his installation. Accordingly, on July 22, 2013, Plaintiff filed a class action lawsuit in the Federal District Court for the District of Minnesota alleging that Defendants had failed to provide network installation and six months of Ongoing Support as promised. Roeser alleged that Geek Squad improperly calculated the duration of Ongoing Support service from the date of purchase, rather than from the date of the customer s home network installation, which breached the Terms of Service. Alternatively, Roeser alleged that Defendants outright denied home network installation to those customers who did not schedule a home network installation within six months of their purchase. Best Buy denies these allegations. Nevertheless, Plaintiff and Defendants have reached a Settlement Agreement, which the Court has preliminarily approved. The Court has also appointed the law firms of Zimmerman Reed, P.L.L.P. and Krislov & Associates, Ltd. as counsel for the class ( Class Counsel ), and has approved the sending of this notice. This notice explains the nature of the lawsuit and the terms of the settlement, and informs you of your legal rights and obligations. THE FAIRNESS HEARING: A hearing will be held by the Court to consider the fairness of the proposed settlement and to decide whether to issue a final approval of the settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement, including the amount of the attorney s fee awarded. The hearing will take place before the Honorable Judge John R. Tunheim on April 9, 2015, at 10 a.m., at the United States District Court, 13E U.S. Courthouse, 300 South Fourth Street,
2 Minneapolis, MN You are not obligated to attend this hearing but may do so if you plan to object to the settlement. THE PROPOSED SETTLEMENT AND ELIGIBLE RECIPIENTS: If you are receiving this notice, you fall under one of the following Sub-Classes, and relief under the Settlement Agreement will be distributed as follows: Sub-Class A: Class Members whose Home Networking Made Simple contracts expired on or after July 22, 2012, and who are not part of Sub-Class C (articulated below). Members of Sub- Class A will receive six (6) months of Home Networking Made Simple service commencing no later than ten (10) business days from the Effective Date of the settlement, as that term is defined in the Class Action Settlement Agreement and Release. Sub-Class B: Class Members with active Home Networking Made Simple contracts. Members of Sub-Class B will receive a six (6) month extension at the expiration of their current Home Networking Made Simple contracts, which for purposes of this settlement, will be deemed expired as of July 31, Therefore, their current HNMS contracts with the 6-month extension will expire on January 31, Sub-Class C: Comprised of 86 Class Members who were identified as having Home Networking Made Simple contracts that expired on or after July 22, 2012, and who subsequently contacted Best Buy to schedule network installation in their homes. Members of Sub-Class C will receive $ in cash. No additional class members will be added to Subclass C. Recovery to Plaintiff: Subject to Court approval, Peter Roeser will receive a class representative award of $2,000 in the form of a Best Buy gift card for his services as representative of the Class. Unless you exclude yourself from the settlement, you will be part of the Class and bound by the Settlement. If you stay in the Class you will release the Defendants from all claims that you may have arising out of your purchase of Geek Squad s Home Networking Made Simple product. WHAT TO DO IF YOU WISH TO RECEIVE MONEY OR OTHER RELIEF FROM THE SETTLEMENT: You do not need to take any further action to receive relief under the Settlement. As a member of Sub-Class A or B, you will automatically have six (6) months of Home Networking Made Simple service added to your account with Geek Squad. If you are a member of Sub-Class C, you will be contacted by Best Buy, Co., Inc. and provided with a check for the amount of your monetary award. REPRESENTATION BY CLASS COUNSEL OR YOUR OWN ATTORNEY: As a member of the Class, your interests will be represented by the attorneys for the Class without
3 any additional charge to you. If you wish to participate on your own or through your own attorney, an appearance must be filed with the Clerk of Court of the Federal District of Minnesota, by April 9, If you participate through your own attorney, it will be at your expense. LEGAL FEES: Defendants have agreed to pay Class Counsel s legal fees and costs in an amount ranging from $100,000 to $695,000 as determined by the Court. No portion of Class Counsel s legal fees and costs is being deducted from Class Members recoveries. WHAT TO DO IF YOU OBJECT TO THE SETTLEMENT: If you object to the settlement and do not wish to exclude yourself from the class action, you must submit your objection in writing to the Clerk of the Federal District of Minnesota located at 300 South Fourth Street, Suite 202, Minneapolis, MN The objection must be mailed to the Clerk of the Court postmarked on or before March 16, Your objection must include (i) the name and case number; (ii) a written notice containing your name, address, telephone number, and signature; (iii) a statement of your objection(s) to any matters before the Court; (iv) the specific ground(s) or reason(s), if any, for each objection made, including any legal support and/or evidence that such objector wishes to bring to the Court s attention or introduce in support your objection; (v) whether you are represented by counsel (including the name, address, bar number, and telephone number of your attorney); and (vi) whether you intend to appear at the Fairness Hearing. If you or your attorney requests permission to speak at the Fairness Hearing, the notice of intent to object also must contain a detailed description of any and all evidence you or your attorney may offer at the Fairness Hearing, including photocopies of any and all exhibits that you may introduce at the Fairness Hearing. On the same date that you mail your objections to the Clerk of the Court, you must also mail copies of that objection to Class Counsel and to the attorneys for the Defendants, as follows: Class Counsel: Charles S. Zimmermann and Anne T. Regan of Zimmerman Reed, P.L.L.P., 1100 IDS Center, 80 South 8th Street, Minneapolis, MN or Clinton A. Krislov and John Orellana of Krislov & Associates Ltd., 20 N. Wacker Dr., Suite 1300, Chicago, IL Defendants Counsel: Anne M. Lockner and Natalie I. Uhlemann of Robins, Kaplan, Miller & Ciresi L.L.P., 800 LaSalle Ave., 2800 LaSalle Plaza, Minneapolis, MN WHAT TO DO IF YOU WISH TO BE EXCLUDED FROM THE SETTLEMENT: You have the right to opt-out and exclude yourself from both the Class and the settlement by submitting a written request for exclusion to: Best Buy Co., Inc. Legal Department
4 Roeser Class Action Settlement 7601 Penn Avenue South Richfield, MN All opt-outs must be postmarked on or before March 16, You must include your name and address, a clear and unequivocal statement that you wish to be excluded from (opt-out of) the Settlement Class, and your signature. The request must be mailed to Best Buy at the address provided in the Class Notice and must be postmarked no later than twenty-five (25) days before the Final Approval Hearing, or by such date as established by the Court. Please direct all questions about the settlement to Class Counsel at the contact information provided below. WHAT IF THE SETTLEMENT IS NOT APPROVED? If the settlement is not approved, the case will proceed as if no settlement has been reached. There can be no assurance that, if the settlement is not approved, the Class will recover more than is provided in the settlement or, indeed, anything at all. But counsel for both parties agree that the settlement terms provide class members with full relief for the claims being resolved. ADDITIONAL INFORMATION: The description of the case in this Notice is general and does not cover all of the issues and proceedings thus far. In order to see the complete file, including a copy of the settlement agreement, you may visit the office of the Clerk of the Federal District Court for the District of Minnesota, 300 South Fourth Street, Suite 202, Minneapolis, MN 55415, where you may inspect and/or copy the court file for this case at your own expense, or obtain more information by going to In addition, you or your attorney may direct questions to Class Counsel: Charles S. Zimmermann Anne T. Regan Zimmerman Reed, P.L.L.P IDS Center 80 South 8th Street Minneapolis, MN Telephone No.: (612) charles.zimmerman@zimmreed.com anne.regan@zimmreed.com Clinton A. Krislov John Orellana Krislov & Associates Ltd. 20 N. Wacker Dr., Suite 1300 Chicago, IL Telephone No.: (312)
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