LEGAL NOTICE
YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU WERE OVERCHARGED BECAUSE OF THE BIDDING OF âHALVAREZâ IN A SNAPNAMES.COM DOMAIN NAME AUCTION AT ANY TIME PRIOR TO NOVEMBER 4, 2009.
Visit
www.snapsettlement.com for more information
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
A proposed class action settlement has been reached in the case Resmer v. SnapNames.com & Oversee.net. (âthe Settlementâ). The Settlement resolves a lawsuit over alleged shill bidding by SnapNames in its Internet domain name auctions.
Your legal rights may be affected whether you act or donât act. Please read this notice carefully. Visit
www.snapsettlement.com to read the full settlement agreement and make a claim.
What is the Lawsuit About?
This lawsuit alleges that SnapNames was complicit in the âhalvarezâ alleged shill bidding practices. This lawsuit seeks to represent a group or âclassâ of persons who overpaid in a SnapNames domain name auction because of âhalvarez.â
SnapNames and Oversee.net deny that they violated any law, and the Court has not determined who is right. Rather, the parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation. This notice is not an admission of wrongdoing by any party.
How Do I Know if I am a Class Member?
You may be a Class Member if prior to November 4, 2009 (A) you bid in and won one or more SnapNames.com auctions for Internet domain names in which âhalvarezâ also bid, (B) as a result of âhalvarezâ bidding in one of those auctions you paid more for such domain name than you would have had âhalvarezâ not bid, and (C) you have not participated in the Rebate Program offered by Oversee.net and SnapNames.com.
What Can I Get From the Settlement?
If you are a Class Member, and the Court approves the Settlement, you are entitled to recover the full amount you overpaid plus interest. You may view that amount by following the link provided to you in the correspondence attached to this notice.
How Can I Get a Payment?
To qualify for payment, you must submit a timely, truthful, accurate, and properly completed Claim Form. You may mail a completed claim form postmarked no later than December 17, 2010 to the Claim Administrator at Claim Administrator, P.O. Box 98, Minneapolis, MN 55440-0098.
What are My Other Options?
You and/or your lawyer have the right to appear before the Court and object to the proposed Settlement. Your written objection must be submitted by prepaid first class U.S. mail and postmarked no later than December 17, 2010. If you do not wish to be a member of the Settlement Class, you may exclude yourself by sending a request for exclusion to the Claims Administrator by prepaid first class U.S. mail, and it must be postmarked no later than December 17, 2010. Specific instructions about how to object to, or exclude yourself from, the Settlement are available at
www.snapsettlement.com.
If you do nothing you will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court. If approved, your claims against Oversee.net and SnapNames.com will be fully resolved and released.
Who Represents Me?
The Court has approved Michael Aschenbrener and Ben Richman of Edelson McGuire LLC to be the attorneys representing the Class in this case. These attorneys are referred to as Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.
Class Counsel will ask the Court for attorneysâ fees and expenses, which will be paid separate from the Settlement Fund and will not affect how much you receive through this Settlement. Class Counsel will also ask the Court to pay the Class Representative for his services in helping to bring and settle this case, which will also be paid separately from the Settlement Fund and will not affect how much you receive through this Settlement.
When will the Court Consider the Proposed Settlement?
The Court will hold the Final Fairness Hearing at 9:00 a.m. on January 27, 2011 at the Stanley Mosk Courthouse on Hill Street, 111 North Hill Street, Department 16, Los Angeles, California 90012. At that hearing, the Court will hear any objections concerning the fairness of the Settlement that have been properly raised, as set forth above. The hearing may be postponed to a different date or time without notice. You are not required to come to the Final Fairness Hearing.
How Do I Get More Information?
For more information about the proposed Settlement and a copy of the full Notice and Claim Form, go to
www.snapsettlement.com, contact the Settlement Administrator at 1-888-413-5338 or Claim Administrator, P.O. Box 98, Minneapolis, MN 55440-0098, call Class Counsel at 1-866-354-3015 or call Counsel for Snapnames.com & Oversee.net (Willenken Wilson Loh & Lieb LLP) at 213-955-9240.
By Order of the Court Dated: October 13, 2010