JND Legal Administration announces a proposed settlement in a class action lawsuit called Malone v. Western Digital Corporation (N.D. Cal.), Case No. 5:20-cv-03584.
What is this about? 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 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. The settlement, if approved, resolves the case and provides benefits to Settlement Class Members who do not exclude themselves.
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, or who received a WD Red NAS Drive using SMR as a replacement drive from Western Digital. The specific hard drive models are: WD20EFAX (2TB capacity), WD30EFAX (3TB capacity), WD40EFAX (4TB capacity), and WD60EFAX (6TB capacity) hard drives.
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 (see below). 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 8, 2021 to receive a settlement payment. You can file a claim online at www.WDRedNASHarddriveSettlement.com/claim. Or you can download a claim form at 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 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. For a complete list of Western Digital’s affiliates that are being released by the settlement in this action, please visit www.WDRedNASHarddriveSettlement.com. You can exclude yourself, receive no payment under this settlement, and retain any right you have to sue Western Digital about the issues in this lawsuit. To exclude yourself, mail a signed, written request for exclusion containing the information described at www.WDRedNASHarddriveSettlement.com, postmarked by December 3, 2021, to: Malone v. Western Digital Corporation, c/o JND Legal Administration, P.O. Box 1107, 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 www.WDRedNASHarddriveSettlement.com to the Court by December 3, 2021. Visit www.WDRedNASHarddriveSettlement.com for more information.
What happens next? The Court will hold a hearing on December 22, 2021 at 2:00 p.m. PT, 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 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 WDRedNASHarddriveSettlement.com. You can also call 1-833-677-1089 or contact Settlement Class Counsel at email@example.com.