Newsgroup: it.hobby.home-cinema
Titolo: [crosspost]  la 'famosa' Legal Notice su ebay ...  LUNGO !!

Ribadisco, il messaggio è comparso ieri nella MIA casella di posta de 'il
mio ebay', come inviato da 'ebay' nedesima:
******
eBay sent this message to Alberto Giaccaglia (giakiprods).
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[qui compare il logo di ebay, ovviamente]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
JOHN ROCKERS, MARK RAWLING and
BRIAN MORK , On Behalf of Themselves and for
the Benefit of All with the Common or General
Interest, Any Persons Injured, and All Others
Similarly Situated,
                                                      Plaintiff,
        vs.
EBAY, INC., et al.,
                                                      Defendants.
Case No. 1:05-CV-035930
CLASS ACTION
NOTICE OF SETTLEMENT OF CLASS ACTION
DATE ACTION FILED: 02/17/05
THIS IS A LEGAL NOTICE. YOUR RIGHTS MAY BE AFFECTED.
PLEASE READ IT CAREFULLY.
To: All eBay users from February 16, 2001 to the present. If you claim to
have been harmed by eBay raising the eBay bidder's existing bid where no
higher competing bid had been made and where raising the bid was not
necessary to meet a reserve minimum you are a Member of the "Class" and your
rights may be affected by the proposed class action settlement of a lawsuit
alleging that eBay would automatically increase in certain circumstances an
existing bid where no competing bid had been made and where it was not
necessary to meet a reserve minimum. eBay denies any and all of the
contentions and allegations of wrongdoing relating to eBay's increasing an
existing bid where no competing bid had been made and where it was not
necessary to meet a reserve minimum, and denies that the Members of the
Class have suffered any damage. This Notice summarizes the terms of the
settlement, and explains your rights and options under the settlement.
I. THE LAWSUIT
On February 17, 2005, a complaint was filed by plaintiff Glenn Block in the
Superior Court of the State of California County of Santa Clara ( the
"Court") as a class action alleging that eBay's automatic increase in
certain circumstances of an existing bid where no competing bid had been
made and increasing the bid was not necessary to meet a minimum reserve was
improper and artificially inflated the bids of eBay buyers, thus causing
damage to eBay buyers (the "Action"). On April 17, 2006, an Amended
Complaint which, among other things, substituted Plaintiffs John Rockers,
Mark Rawling and Brian Mork for the original plaintiff was filed in the
Court. The caption of the Action is Rockers v. eBay, Inc., et al., Case No.
1:05-CV-035930.
II. THE SETTLEMENT TERMS
The parties participated in mediation with the Honorable Read Ambler (Ret.)
in an effort to resolve the Action. As a result of the mediation and in
order to settle the allegations in the Action, eBay has agreed to cease the
conduct alleged by making the following "curative disclosure" that is
relative to the misrepresentations claimed by Plaintiffs:
In response to a system prompt, if a high bidder attempts to raise his
maximum bid when such bidder is then between bid increments, eBay shall
first disclose to such bidder the exact amount of any resulting bid increase
that would otherwise occur by virtue of the bidder raising the maximum bid.
By way of illustration only and using the facts set forth in paragraph 23 of
the Complaint, upon raising the maximum bid once plaintiff had reached his
existing bid maximum of $111.00, eBay would disclose whether raising the
maximum bid level would result in the $111.00 bid being raised to the next
bid increment over the last competitive bid of $110.00 and, if so, specify
the exact amount to which the bid would be raised - that is, $112.50.
In addition, eBay has agreed to pay the sum of $2.1 million ("Settlement
Fund"). The Settlement Fund will be distributed to one or more federally tax
exempt charities chosen by Plaintiffs' Counsel and approved by the Court.
None of the charities selected by Plaintiffs' Counsel and approved by the
Court shall be directly or indirectly affiliated or associated with
Plaintiffs or their counsel. Based on information provided by eBay to
Plaintiffs' Counsel, the $2.1 million is estimated to be approximately 50%
of the claimed damages and all other economic harm allegedly incurred by
Members of the Class. Distribution of the Settlement Fund to charitable
organizations is appropriate because any attempt to distribute the
Settlement Fund to individual Members of the Class - whose average recovery
would be less than $1.00 - would result in administrative costs that would
consume any settlement proceeds.
eBay has also agreed to separately pay Plaintiffs' Counsel $800,000 for past
and anticipated future attorneys' fees and expenses regarding the Action,
subject to Court approval ("Attorney Fees"). This amount was negotiated and
agreed to after the substantive provisions of the settlement were reached
and after the memorandum setting forth the material terms of the settlement
was executed. Plaintiffs' Counsel, subject to Court approval, intend to pay
up to $104,300.00 and $150,000.00 to Glenn Block (or Glenn Block, P.C.) and
Daniel Block (or DSB Consulting, Inc.), respectively, for their expert
services in this Action from the Attorney Fees. Glenn Block was the original
plaintiff in the Action and provided technical assistance to Plaintiffs'
Counsel regarding eBay's auction practices, the allegations in the Action,
the calculation of damages and economic harm, and due diligence. Daniel
Block is Glenn Block's son and provided computer, programming and data
mining expertise that was otherwise unavailable to Plaintiffs in a timely
and efficient manner. Their expertise was unique and necessary for the
successful prosecution of the Action.
eBay shall also separately pay, subject to Court approval, the three
Plaintiffs named in the Amended Complaint, $1,000 to reimburse them for
their time, costs and efforts in representing the Class.
III. CONSEQUENCES OF THE SETTLEMENT
If the Court approves the settlement, a judgment will be entered dismissing
the lawsuit with prejudice against eBay and all of its past and present
officers, directors, shareholders, employees, insures, agents,
representatives, partners, joint-ventures, parents, subsidiaries,
affiliates, and attorneys (the "Released Persons"). This means that Members
of the Class will be barred from bringing their own lawsuit against any of
the Released Persons relating to eBay's alleged practice of raising an eBay
bidder's existing bid where no higher competing bid had been made, and where
raising the bid was not necessary to meet a reserve minimum. If you do not
want to be barred from bring your own lawsuit on such claims, you must
validly and timely request exclusion from the Class, as set forth below.
IV. YOUR OPTIONS
If you are a Class Member, you have the following options:
(A) Participate in the settlement. To participate in the settlement, you do
not need to do anything. If the Court approves the settlement and the
judgment is not successfully appealed, the terms of the settlement will be
implemented.
(B) Request exclusion from the Class and settlement. If you wish to be
excluded from the Class and the settlement, you must send a written request
for exclusion by regular or express mail, so that it is postmarked no later
than January 30, 2007. Your exclusion request must include (1) your name,
address, and telephone number; and (2) a statement that you wish to be
excluded from the Class and settlement in Rockers v. eBay, Inc., et al.,
Case No. 1:05-CV-035930. If you submit a valid and timely exclusion request,
you will not participate in the settlement. You will not be bound by the
judgment dismissing the lawsuit with prejudice as to Released Persons, and
your claims will not be released.
(C) Comment on the settlement. If you remain in the Class, you may comment
in support of or in opposition to the settlement. To do so, you must, no
later than January 30, 2007, file your comment or objection with the Court
and send copies by regular or express mail to Plaintiffs' Counsel at the
addresses below:
The Court:
Clerk of the Court
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
Civil Division
191 North First Street
San Jose, CA 95113
Plaintiffs' Counsel:
Jeffrey D. Light
LERACH COUGHLIN STOIA GELLER
          RUDMAN & ROBBINS LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Your written comment or objection must include (1) your name, address, and
telephone number; (2) information sufficient to establish your membership in
the Class; (3) a statement of your views; (4) any supporting documentation
you wish to submit; and (5) a reference to Rockers v. eBay, Inc., et al.,
Case No. 1:05-CV-035930. If you wish to appear and present your objection
orally at the fairness hearing described in Part V below, your written
objection must contain a notice that you intend to appear and be heard, a
statement of the positions you intend to present at the hearing, and any
supporting arguments. You may, but need not, appear in the lawsuit through
your own attorney. If you do so, you will be responsible for your own
attorney's fees and expenses.
V. FAIRNESS HEARING
A hearing will be held on February 13, 2007, at 9:00 a.m. before the
Honorable Jack Komar, Superior Court Judge, in Department 17C at the Santa
Clara Superior Old Courthouse, 161 North First Street, San Jose, California
95113. The purpose of the hearing will be to determine (a) whether the
proposed settlement including the attorneys' fees and expenses and service
awards that eBay has separately agreed to pay should be approved as fair,
reasonable and adequate and should be granted; and (b) whether the Action
and the claims of the Members of the Class should be dismissed with
prejudice pursuant to the settlement. This hearing may be rescheduled
without further notice to the Class. You may attend the hearing if you wish,
but are not required to do so to participate in the settlement.
VI. HOW TO GET MORE INFORMATION
You can get more information by contacting Plaintiffs' Counsel at the
address listed in Part IV (C). Complete copies of the settlement agreement
and all other pleadings and papers filed in the lawsuit are available for
inspection and copying, during regular business hours, at the Office of the
Clerk of the Court, Superior Court of the State of California, County of
Santa Clara, Civil Division, 161 North First Street, San Jose, CA 95113.
PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.
DATED: November 8, 2006
BY ORDER OF THE COURT
SUPERIOR COURT OF THE STATE OF
CALIFORNIA, COUNTY OF SANTA CLARA
This administrative email was sent from eBay. As outlined in our User
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enhancements. Visit our Privacy Policy and User Agreement if you have any
questions.
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Copyright © 2006 eBay Inc. All Rights Reserved. Designated trademarks and
brands are the property of their respective owners. eBay and the eBay logo
are trademarks of eBay Inc. eBay is located at 2145 Hamilton Avenue, San
Jose, CA 95125.
*****************
Unica cosa incongruente che noto è che all'inizio dice che il messaggio
sarebbe stato mandato a 'tutti gli utenti di ebay dal febbaraio 2001 in
poi', mentre io sono registrato dal 2000 ...
Commenti ?
I pirati riescono a violare in questo modo anche i messaggi privati degli
utenti ??
Alla faccia della 'piattaforma sicura' ...
Ovviamente la replica della (finta) assistenza clienti di ebay è stata:
lascia perdere e cancella tutto (per distruggere le prove della loro
incapacità, ovviamente ...)
BUON 2007 !!!!!!!!!!!!!!!!!!
Alberto

 giakiprods
Porcapuzzola... e' da tempo che cercavo un ebayer italiano per fornitura
di roba polistil... devo ampliare la mia sala giochi :-))
A quando le prossime aste/compralo subito?
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