A court authorized this notice because people who bought a Pixel or Pixel XL manufactured before January 4, 2017 have the right to know about a legal settlement. If you qualify as a class member, you can make a claim and get a payment. To find out if you qualify, see the answer to Question 5. The people who sued are called the plaintiffs. The company they sued, Google LLC, is called the defendant.Top
The defendant and certain resellers sold the first-generation Pixel and Pixel XL smartphones in the United States. The plaintiffs brought a products liability lawsuit against the defendant, alleging that some of these Pixels have a defect that leads to microphone or speaker failures. The defendant denies that any Pixel or Pixel XL is defective and denies that it has any liability to plaintiffs.Top
In a class action the plaintiffs act as “class representatives” and sue on behalf of themselves and other people who have similar claims. This group of people is called the “class,” and the people in the class are called “class members.” One court resolves the issues for all class members, except for people who exclude themselves from the class. Judge Nathanael Cousins of the United States District Court for the Northern District of California is in charge of this case. The case is Weeks v. Google LLC, No. 5:18-cv-00801-NC (N.D. Cal.).Top
The Court did not decide in favor of plaintiffs or defendant. Instead, both sides agreed to a settlement. That way, they avoid the costs and risks of a trial, and class members get benefits or compensation. The class representatives and their attorneys think the settlement is best for the class.Top
WHO IS IN THE SETTLEMENTTop
You are a class member, and are included in the Settlement, if you are in the United States and bought, other than for resale, a new Pixel or Pixel XL smartphone manufactured before January 4, 2017 and did not receive a replacement Pixel manufactured after January 3, 2017 or refurbished after June 5, 2017. Excluded from the Settlement Class are (a) Google and its officers, directors, employees, subsidiaries, and affiliates; (b) all judges assigned to this case and any members of their immediate families; (c) the parties’ counsel in this litigation.Top
If you are not sure whether you are included in the class, you can ask for free help by calling the Claims Administrator at 1-855-879-3971 for more information.Top
THE SETTLEMENT BENEFITSTop
The defendant will pay $7,250,000 into a Settlement Fund. After deduction of the costs of notice and settlement administration, any award of attorneys’ fees (up to 30% of the Settlement Fund), litigation costs, and any service awards for the class representatives, the Settlement Fund will be distributed to class members who submit valid claims.Top
To get money from the Settlement, you must be a class member and file a claim. You can fill out and submit a claim form by clicking the File Claim tab on this website. If you experienced the alleged audio problems described above on your first-generation Pixel or Pixel XL, you are eligible to get more money than if you did not experience those problems. After the claims deadline, the Settlement Fund will be paid out as follows. First, money will be set aside to pay up to $20 to each person who did not experience the alleged audio defect or who cannot provide any documentation to show that they experienced it. Second, people who paid an insurance deductible to receive a replacement Pixel will be refunded the amount of the deductible. Third, people who experienced the alleged audio defect on more than one Pixel will be paid $500 each. Fourth, people who experienced the alleged audio defect on one Pixel will be paid $350 each, unless there is not enough money left to make those payments, in which case the rest of the fund will be distributed to them on a pro rata basis. For more information on the Plan of Allocation, see the Case Documents page of this website. For information on how to make a claim, see Question 10 and the File Claim tab of this website.Top
Unless you exclude yourself with an opt-out request (see Question 16), you cannot sue, continue to sue, or be part of any other lawsuit against the defendant about the issues in this case. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be viewed in the Case Documents tab of this website.Top
HOW TO GET A PAYMENT—MAKING A CLAIMTop
How do I make a claim? If you are a class member (see Question 5), you can make a claim by visiting the File Claim tab of this website. You can also contact the Claims Administrator to request a paper claim form by telephone at 1-855-879-3971 or by U.S. mail at Weeks, et al. v. Google, LLC Claims Administrator, P.O. Box 404153, Louisville, KY 40233-4153, and submit the claim form to the same U.S. mail address. There will be one claim form, and each Pixel may be the subject of only one claim. Class members who purchased multiple Pixels may submit a separate claim for each Pixel they purchased. You are not in the class if you bought a Pixel that was manufactured after January 4, 2017, or if you returned a Pixel manufactured before January 4, 2017 to Google or Verizon and received as a replacement a Pixel manufactured after January 3, 2017 or refurbished after June 5, 2017. Additionally, you are not in the class if you bought a Pixel while you were an employee of Google or if you are currently an employee of Google, regardless of when you bought your Pixel.
How can I support my claim? If your claim form does not indicate that you experienced the alleged audio defect, you can attest that you experienced it and support your claim with documentation such as emails, customer service chat logs, repair records, insurance claims, Return Merchandise Authorization (“RMA”) confirmations, or other credible evidence of failure.Top
To be eligible for payment, claim forms must be submitted electronically or postmarked no later than October 7, 2019.Top
The Court will hold a hearing on December 6, 2019 at 1:00 p.m., to decide whether to approve the Settlement. If the Settlement is approved, the Claims Administrator anticipates that payments will be sent out within 3 months. Updates regarding the Settlement and when payments will be made will be posted on this Settlement website.Top
THE LAWYERS REPRESENTING YOUTop
Yes. The Court appointed the law firms of Girard Sharp LLP and Chimicles Schwartz Kriner & Donaldson-Smith LLP to represent you and the other class members. These firms are called Class Counsel. You will not be charged for their services.Top
You do not need to hire your own lawyer, as Class Counsel is working on your behalf. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in court if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.Top
You do not have to pay Class Counsel. Class Counsel have not been paid for their services in this case since it began, and will seek an award of attorneys’ fees of up to 30% of the Settlement Fund, in addition to reimbursement of reasonable litigation expenses. The fees will compensate Class Counsel for investigating the facts, litigating the case, and negotiating and presenting the Settlement for court approval. Class Counsel will also ask the Court to approve service award payments of $5,000 to each of the 4 individual class representatives. If approved, these awards (like any fee and cost award to Class Counsel) will be paid out of the Settlement Fund. In addition, the costs of providing this notice and administering the Settlement are being paid out of the Settlement Fund.Top
EXCLUDING YOURSELF FROM THE SETTLEMENT
If you don’t want a payment from the Settlement and you want to keep your right, if any, to sue the defendant on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Settlement Class.Top
You may opt out online by October 7, 2019 by visiting the Opt Out tab of this website. Click on the “Opt Out” tab and provide the requested information. You may also opt out by mailing the Opt-Out form available in the Case Documents page to the Claims Administrator at:
Weeks, et al. v. Google, LLC Claims Administrator P.O. Box 404153 Louisville, KY 40233-4153
Mailed opt-out requests must be postmarked no later than October 7, 2019.Top
No. Unless you opt out, you give up the right to sue the Defendant for the claims the Settlement resolves. You must exclude yourself from the class if you want to try to pursue your own lawsuit.
If you opt out of the Settlement, you will not have any rights as a member of the Settlement Class under the Settlement; you will not receive any payment as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in the case at your own expense.
OBJECTING TO THE SETTLEMENT
If you’re a class member and do not opt out of the Settlement, you can ask the Court to deny approval of the Settlement by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
Any objection to the proposed Settlement must be in writing. If you file a timely written objection, you may (but are not required to) appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for hiring and paying that attorney.
To object, you must file a document with the Court saying that you object to the proposed Settlement in Weeks v. Google LLC, No. 5:18-cv-00801-NC (N.D. Cal.). Be sure to include:
● Your name, address, and signature; and
● A detailed statement of your objection, including the grounds for the objection together with any evidence you think supports it.
You can mail the objection by First Class U.S. Mail to the following address:
Clerk of the Court
U.S. District Court for the Northern District of California
280 South 1st Street, Room 2112 San Jose, CA 95113
Case No. 5:18-cv-00801-NC (N.D. Cal.)
If you do not mail the objection, you must either deliver it in person to the above address or file it electronically at https://www.cand.uscourts.gov/cm-ecf.
Your objection must be received by the Court no later than October 7, 2019.Top
Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and telling the Court that you don’t want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because it no longer affects you. You cannot both opt out and object to the Settlement.
THE COURT’S FINAL APPROVAL HEARING
The Court will hold a Final Approval Hearing on December 6, 2019 at 1:00 p.m., in Courtroom 5 of the San Jose federal courthouse, located at 280 South 1st Street, San Jose, CA 95113. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much Class Counsel should receive in fees and expense reimbursements. After the hearing, the Court will decide whether to approve the Settlement. The Court may reschedule the Final Approval Hearing or change any of the deadlines described in this notice. The date of the Final Approval Hearing may change without further notice to the class members. Be sure to check this website for news of any such changes. You can also access the case docket via the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov.Top
No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you send an objection, you do not have to come to the 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 that is not necessary.
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include a statement in your written objection (see Question 19) that you intend to appear at the hearing. Be sure to include your name, address, and signature as well.
You cannot speak at the hearing if you exclude yourself from the class.
IF YOU DO NOTHING
If you do nothing, you’ll be a member of the Settlement Class, you’ll get no money from this Settlement, and you won’t be able to sue the defendant for the conduct or violations alleged in this case.
GETTING MORE INFORMATION
Yes. This notice summarizes the proposed Settlement—more details are in the Settlement Agreement and other case documents. You can get a copy of these and other documents in the Case Documents tab of this website, by contacting Class Counsel at firstname.lastname@example.org or email@example.com, by accessing the docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at any of the Court’s locations between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays:
• Robert F. Peckham Federal Building and United States Courthouse, 280 South 1st Street, San Jose, CA 95113
• Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102
• Ronald V. Dellums Federal Building & United States Courthouse, 1301 Clay Street, Oakland, CA 94612
• United States Courthouse, 3140 Boeing Avenue, McKinleyville, CA 95519
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.Top
This website has the claim form, answers to questions about the Settlement, and other information to help you determine whether you are eligible for a payment.
You can also call or write to the Claims Administrator at:
Weeks, et al. v. Google, LLC Claims Administrator, P.O. Box 404153, Louisville, KY 40233-4153
Class Counsel can be reached using the following contact information:
• Simon S. Grille. Telephone: (415) 981-4800; email: firstname.lastname@example.org
• Ben F. Johns. Telephone: (610) 642-8500; email: email@example.comTop