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PostPosted: Sat Aug 21, 2021 1:05 pm 
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Got this email today.
Looks official but the hyper links are hosed up but the URL is good





LEGAL NOTICE BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

A federal court authorized this notice. This is not a solicitation from a lawyer. You are not being sued.

YOU MAY BE ENTITLED TO A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU PURCHASED A WESTERN DIGITAL RED NAS HARD DRIVE

*You must file a claim by November 27, 2021, to receive a payment*

To file a claim click here

Read this notice or visit http://www.WDRedNASHarddriveSettlement.com or call 1-833-677-1089 for more information.

Para ver este aviso en español, visite http://www.WDRedNASHarddriveSettlement.com

What is this notice about? A proposed settlement has been reached in a class action lawsuit. Plaintiffs alleged that Western Digital misrepresented its “WD Red NAS” hard drives as suitable for use in NAS (Network Attached Storage) devices because the drives use “SMR” (Shingled Magnetic Recording) technology. Nicholas Malone, Chris Ayers, James Backus, Brian Conway, David Eaton, Steven Gravel, James Raaymakers, and Tod Weitzel are the plaintiffs in the filed class action lawsuit against Western Digital. The operative complaint in this case is available at http://www.WDRedNASHarddriveSettlement.com. Western Digital denies these allegations, denies that SMR is inferior technology, or that it did anything wrong. Defendant contends that its SMR-based Red NAS drives were designed and extensively tested for use in the applications for which they were marketed, and Western Digital believes that the drives perform well in, and are suitable for use in, NAS devices employed in appropriate applications and workloads.

Who is included? The “Settlement Class” consists of all consumers in the United States who purchased a WD Red NAS Drive using SMR technology between October 2018 and July 21, 2021. The specific hard drive models are: WD20EFAX (2TB capacity), WD30EFAX (3TB capacity), WD40EFAX (4TB capacity), and WD60EFAX (6TB capacity) hard drives. If you received this notice, Western Digital’s records indicate that you may be in the Settlement Class.

What can I get? Under the proposed settlement, Western Digital will pay $2.7 million to create a Settlement Fund. If the Settlement is approved and becomes final, payments will be issued to consumers who are part of the Settlement Class. You must file a claim to receive a payment. You can file a claim online by clicking here. Payment amounts will be based on which hard drives a person purchased and the number of hard drives purchased. The purchasers of 2TB and 3TB WD Red NAS Drives will receive $4.00 for each drive purchased and purchasers of 4TB and 6TB WD Red NAS Drives will receive $7.00 for each drive purchased, which may be adjusted on a pro-rata basis depending on the number of claims filed. The maximum payout per claim, if there is a pro-rata upward adjustment, will be as high as 85% of the MSRP value of the drive purchased.

How do I get a payment? You must file a claim by November 27, 2021 to receive a Settlement payment. You can file a claim online by clicking here. Or you can download a claim form at http://www.WDRedNASHarddriveSettlement.com, fill it out, and submit it by mail. Payments will be issued to valid claimants by mailed check.

What are my options? You can file a claim, receive a payment if the Settlement becomes final, and give up the right to sue Western Digital, and its affiliates, about the issues in this lawsuit. If you do nothing, you will receive no payment and, if the Settlement becomes final, you will give up the right to sue Western Digital, and its affiliates, about the issues in this lawsuit. You can exclude yourself, receive no payment under this Settlement, and retain any right you have to sue Western Digital, and its affiliates, about the issues in this lawsuit. For a complete list of Western Digital’s affiliates that are being released by the Settlement in this action, please visit http://www.WDRedNASHarddriveSettlement.com. To exclude yourself, mail a signed, written request for exclusion containing the information described at http://www.WDRedNASHarddriveSettlement.com, postmarked by December 3, 2021, to: Malone v. Western Digital Corporation, c/o JND Legal Administration, PO Box 11007, Seattle, WA 98111. If you do not exclude yourself, and the Court approves the Settlement, you will be bound by the Court’s orders and judgments and will release your claims relating to this lawsuit. If you do not exclude yourself, you can object to or comment on the Settlement and/or Settlement Class Counsel’s request for attorneys’ fees, expenses, and service awards for the Plaintiffs who brought this case on behalf of the Settlement Class. To object, you must submit a signed, written objection containing the information described at http://www.WDRedNASHarddriveSettlement.com to the Court by December 3, 2021. Visit http://www.WDRedNASHarddriveSettlement.com for more information.

What happens next? The Court will hold a hearing on December 22, 2021, at 2:00 p.m., Pacific, at the United States District Court for the Northern District of California, San Jose Courthouse, Courtroom 5, 280 South 1st Street, San Jose, CA 95113, to decide whether to approve the Settlement, attorneys’ fees and expenses for the attorneys who worked representing the Settlement Class (up to one-third to be paid from the $2.7 million Settlement Fund), and service awards of up to $2,500 to each of the Plaintiffs who brought this case on behalf of the Settlement Class. You or your attorney may ask permission to speak at the hearing at your own cost. The date and time of this hearing may change without further notice, and/or the Court could order that this hearing be held remotely or telephonically. Check http://www.WDRedNASHarddriveSettlement.com for updates.

Who represents me? The Court has appointed Bursor & Fisher, P.A., and Hattis & Lukacs to represent the Settlement Class. Together, these lawyers are called Settlement Class Counsel. You do not need to pay these lawyers out of your pocket. Instead, these lawyers will apply for compensation out of the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

How do I get more information? For more information, including to view copies of case documents, the full Settlement Agreement, the Complaint in the lawsuit, and Settlement Class Counsel’s fee application (once it is filed), visit http://www.WDRedNASHarddriveSettlement.com. You can also call 1-833-677-1089 toll-free or contact Settlement Class Counsel at info@bursor.com.

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PostPosted: Wed Nov 10, 2021 1:11 pm 
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Darn. I'm Canadian.

I have a dozen of these between the 2 and 4 TB drives. Never had a lick of problem with them. The 2 TBs ran right up to this year when I replaced them with 4 TBs. The 2 TBs have run for 9 years and the 4 TBs for 7 years. Hoping I get the same good service out of the 8 TBs I bought this year.


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