THOMAS PARK, individually and on behalf of all others similarly situated,
Plaintiff,
vs
KONICA MINOLTA PHOTO IMAGING, U.S.A., INC.,
Defendant.Civil No. 05-cv-5519 (HAA)
To: ALL CLASS MEMBERS
This notice is to inform you about a proposed settlement of a class action lawsuit titled Thomas Park v. Konica Minolta Photo Imaging, U.S.A., Inc., (the “Action”), the Court’s conditional certification of a settlement class in that Action, and of a hearing to consider the settlement.
The Action alleges that certain digital cameras – DiMAGE A1, DiMAGE 7i, DiMAGE 7Hi, DiMAGE Xi, DiMAGE Xt, DiMAGE X20, DiMAGE S414, and DiMAGE F300 – sold and marketed by Konica Minolta Photo Imaging, U.S.A. (“KMPI”) are defective in that they include a component known as a CCD imager that fails at an abnormally high rate causing a blank liquid crystal display (“LCD”) screen and electronic viewfinder or causing a distorted image to appear on the LCD screen and electronic viewfinder rendering the camera incapable of taking pictures. The digital cameras that are eligible for this settlement are called “Affected Products,” a term that is defined in the full Settlement Agreement with KMPI. Among other things, that definition will determine whether you are eligible to participate in this settlement.
If you purchased an Affected Product at retail, or received an Affected Product as a gift (new and in its original packaging) from the original purchaser during the “Settlement Period,” (defined as the period ending on December 31, 2004), you may be a member of the settlement class (“Settlement Class”) that will be a party to a settlement agreement that resolves and forever dismisses the Action. Under the terms of the settlement, members of the Settlement Class are eligible to receive a CCD imager repair-or-reimbursement remedy from KMPI under limited conditions. Please see the complete notice of the proposed settlement and the Settlement Agreement at http://ca.konicaminolta.com/ccdsettlement or telephone (800) 465-1592 to obtain a copy of the complete notice which includes details regarding the definition of Affected Products and the requirements to be eligible for a remedy and how to receive the remedy if you are eligible. If the proposed settlement is approved by the Court, Thomas Park, the person who filed the Action, will receive an additional incentive award of $1,000, and the attorneys for the plaintiff in this Action will apply for an award of attorney’s fees to be paid by Defendant. No one other than Thomas Park and the attorneys for the plaintiff is eligible for these awards or amounts. This award and attorney’s fees, however, will not affect the availability of the CCD imager repair-or-reimbursement remedy from KMPI to eligible members of the Settlement Class. If the proposed settlement is approved by the Court and if you are a member of the Settlement Class, all claims of the Settlement Class members (including you) which were or could have been asserted in the Action, will be forever released, and you will have no further rights against KMPI (whether or not you avail your self of the repair or reimbursement remedy) unless you exclude yourself, as described in the next paragraphs.
If you wish to remain in the Settlement Class you need not do anything.
If you do NOT wish to remain in the Settlement Class and participate in the settlement, you must exclude yourself by writing to the attorney for plaintiff in this Action, Garrett D. Blanchfield, Jr. at Reinhardt Wendorf & Blanchfield, E1250 First National Bank Bldg., 332 Minnesota Street, St. Paul, Minnesota 55101.
If you wish to remain in the Settlement Class and if you object to the proposed settlement, you must file your written objection with the above attorneys, as well as with the Court at: Clerk of Court, United States District Court, District of New Jersey, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Room 4015, Newark, NJ 07101 by October 24, 2007.
To properly exclude yourself or object, you must follow all of the detailed instructions and formats set forth in the complete notice, available at http://ca.konicaminolta.com/ccdsettlement or by calling 1-800-465-1592.
The Court has scheduled a hearing to consider the fairness and adequacy of the settlement to be held on December 4, 2007 at 10:00 a.m., before Judge Harold A. Ackerman, Courtroom 2 of the United States District Court, District of New Jersey. DO NOT CONTACT THE COURT CONCERNING THIS NOTICE OR THE LAWSUIT, EXCEPT TO SUBMIT A WRITTEN OBJECTION TO THE PROPOSED SETTLEMENT. If you would like more information about this notice, this case, or the proposed settlement, you may write to the attorney for plaintiff, Garrett D. Blanchfield, Jr., at the above address or visit a web page that has been created to provide information about the proposed settlement, located at http://ca.konicaminolta.com/ccdsettlement.
"December 4, 2007 Fairness Hearing postponed to March 19, 2008 at 1:00 p.m."