Frequently Asked Questions
- What is this lawsuit is about?
- What are the settlement benefits for Class Members?
- How can I exclude myself from this case or class action and not participate in the settlement?
- How can I object to the proposed settlement and what is the deadline for objecting to the proposed settlement?
- How can I file a motion or request to intervene in the Action and what is the deadline for filing such motion?
- When will the Court hold a hearing to decide whether the settlement becomes final?
- When can I expect to receive my benefits?
- Where can I go for additional information?
1. What is this lawsuit about?
If you purchased Symantec's Norton AntiVirus 2004, also known as NAV 2004, software package and / or Symantec's Norton Internet Security 2004, also known as NIS 2004, software package between January 1, 2003 and January 3, 2006, manufactured by Defendant, Symantec Corporation, this lawsuit may be important to you. A proposed settlement has been reached in a lawsuit in which Plaintiff claimed that:
- NAV 2004 and NIS 2004 were defective for a variety of reasons, including that their use sometimes resulted in one or more of the following conditions:
- Inability to access the internet,
- A material slowdown in the performance of internet browsing speed, and
- Difficulty in uninstalling the product, AND
- that Symantec allegedly failed to communicate and disclose certain of these facts and circumstances to consumers.
For more information about this settlement, please refer to the Notice.
2. What are the settlement benefits for Class Members?
As part of the settlement, Symantec has agreed to make the following relief available to Settlement Class Members who submit a valid Claim Form:
- For any Settlement Class Member who submits a valid Claim Form, Symantec will provide and send to any such Settlement Class Member a fifteen dollar rebate certificate redeemable on the purchase of Symantec products from Symantec's on-line store.
- For any Settlement Class Member who incurred any third party expenses in remedying one or more of the Conditions and submits a valid Claim Form, Symantec will pay up to ten dollars to reimburse the Settlement Class member for such charges.
For more information about this settlement, please refer to the Notice.
3. How can I exclude myself from this case or class action and not participate in the settlement?
If you do not wish to be a member of the class, you must exclude yourself by mailing a written exclusion request, stating your name and address that must be postmarked no later than June 12, 2006. Your request must be addressed to:
James
C. Shah
Shepherd, Finkelman, Miller & Shah, LLC
35 East State Street
Media, Pennsylvania 19063
Robert Hawk
Heller Ehrman, LLP
275 Middlefield Road
Menlo Park, California 94025
If you choose to exclude yourself from the class, you will not be affected by the Action and you will not be able to object, intervene or participate in the settlement.
For more information about this settlement and how to exclude yourself, please refer to the Notice.
4. How can I object to the proposed settlement and what is the deadline for objecting to the proposed settlement?
Any Settlement Class Members who object to the settlement and who have not excluded themselves from the settlement may file written objections with the Court. Any objections to the settlement must begin with the following statement:
"I object to the proposed settlement in Health and Sport, LLC versus Symantec
Corporation, Case Number 1-04-CV-015205, California Superior Court, Santa Clara
County."
All objections must state the objector's name, address and telephone number, shall provide documents to establish membership in the Settlement Class and shall provide a detailed written statement of each objection asserted, including all grounds for the objections and reasons, if any, for requesting the opportunity to appear and be heard at the final approval hearing.
Any such objections must be filed with the Clerk of the Court and served on the attorneys for the settlement class and Symantec at the following addresses:
Clerk of the Court
Santa Clara County Superior Court
161 North First Street
San Jose, California 95113
James C. Shah
Shepherd, Finkelman, Miller & Shah, LLC
35 East State Street
Media, Pennsylvania 19063
Robert Hawk
Heller Ehrman, LLP
275 Middlefield Road
Menlo Park, California 94025
Objections must be filed with the Court and copies sent to Counsel on or before June 12, 2006.
For more information about this settlement and how to object, please refer to the Notice.
5. How can I file a motion or request to intervene in the Action and what is the deadline for intervening in the settlement?
Any Settlement Class Members who wish to intervene in the Action and that have not excluded themselves from the settlement may file a motion to intervene with the Court.
All motions or requests to intervene must state the requesting party's name, address and telephone number, shall provide documents to establish membership in the Settlement Class and shall provide all arguments and documents in support of the intervention request.
Any such motion or request to intervene must be filed with the Clerk of the Court and served on the attorneys for the settlement class and Symantec at the following addresses:
Clerk of the Court
Santa Clara County Superior Court
161 North First Street
San Jose, California 95113
James C. Shah
Shepherd, Finkelman, Miller & Shah, LLC
35 East State Street
Media, Pennsylvania 19063
Robert Hawk
Heller Ehrman, LLP
275 Middlefield Road
Menlo Park, California 94025
Motions or Requests to Intervene must be filed with the Court and copies sent to Counsel on or before June 12, 2006.
For more information about this settlement and how to intervene, please refer to the Notice.
6. When will the Court hold a hearing to decide whether to approve the settlement?
The proposed Settlement Agreement must be approved by the Court. On July 18, 2006 at 9:00 a.m. in Department 17, Santa Clara Superior Court, 161 North First Street, San Jose, California 95113, a hearing will be held before The Honorable Jack Komar on whether the proposed settlement should be approved as fair, reasonable and adequate. Final approval of the proposed settlement will occur, at the earliest, on approximately September 21, 2006, sixty-five days after the Court approves the settlement.
7. When can I expect to receive my benefits?
Your claim is subject to validation by Symantec. Your claim will not be processed until after approval of the settlement becomes final, which will not occur until September 21, 2006 (65 days after the Final Approval Hearing) at the earliest.
8. Where can I go for additional information?
Do not contact the Court or Symantec concerning this Notice or lawsuit. If you would like more information about this case, you may contact:
By mail:
James C. Shah
Shepherd, Finkelman, Miller & Shah, LLC
35 East State Street
Media, Pennsylvania 19063
Toll-Free 1-877-891-9880
By e-mail: