Simmons et al. v. Apple Inc.

Case No. 17cv312251

Superior Court of the State of California, County of Santa Clara

IF YOU PURCHASED POWERBEATS 2 EARPHONES NOT FOR RESALE, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE IT WILL AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Important Dates

November 20, 2020 — Requests for Exclusion From the Settlement Must Be Submitted Online By This Date or Postmarked By This Date

November 20, 2020 — Written objections to the Settlement or Class Counsel’s Request for Attorneys’ Fees and Expenses Must Be Postmarked By This Date

November 20, 2020 — Claim Forms Must Be Submitted Online By This Date or Postmarked By This Date if Submitted By Mail

January 21, 2021 at 1:30 pm PST — Fairness Hearing

*Please note, the original date for the Fairness Hearing has changed.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
OPTION EXPLANATION DEADLINE

SUBMIT A CLAIM FORM

The only way to get an award under the settlement. Click here to submit a claim online or Click here to download a Claim Form. November 20, 2020

EXCLUDE YOURSELF

If you exclude yourself from the Settlement, you will not receive an award under the Settlement. Excluding yourself is the only option that allows you to bring or maintain your own lawsuit against Apple regarding the allegations in the Action ever again.

OBJECT

You may write to the Court about why you object to (i.e., don’t like) the Settlement and think it shouldn’t be approved. You do not need to submit a written objection to appear at the “Fairness Hearing” and object. Submitting an objection does not exclude you from the Settlement.

GO TO THE "FAIRNESS HEARING"*

The Court will hold a “Fairness Hearing” to consider the Settlement, the request for attorneys’ fees and costs of the lawyers who brought the Action, and the Representative Plaintiffs’ request for Service Awards for bringing the Action.

You may, but are not required to, speak at the Fairness Hearing about any objection you have to the Settlement.

January 21, 2021 at 1:30 pm PST

DO NOTHING

You will not receive a Settlement award under the Settlement. You will also give up your right to object to the Settlement and you will not be able to be part of any other lawsuit about the legal claims in this case. N/A

* Due to the COVID-19 pandemic, hearings before the judge overseeing this case are currently being conducted remotely with the assistance of a third-party service provider, CourtCall. If that remains the case at the time of the final Fairness Hearing, Class Members who wish to appear at the final Fairness Hearing should contact Class Counsel to arrange a telephonic appearance through CourtCall, at least three days before the hearing if possible. Any CourtCall fees for an appearance by an objecting class member shall be paid by Class Counsel.