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Overview
A settlement has been reached in a class action
lawsuit, Andre Fleury et al. v. Richemont North America, Case
No. C-05-4525 EMC, which concerned alleged violations of the federal
antitrust laws.
The Court certified the lawsuit as a class action,
for settlement purposes only, pursuant to Federal Rule of Civil
Procedure 23, on behalf of the members of the following two Settlement
Sub-Classes and all of their successors in interest and transferees,
immediate and remote, but not Defendant and persons or entities
related to or affiliated with Defendants (collectively the "Settlement
Class"):
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Consumer Settlement Sub-Class: All persons who
currently own or previously owned a Cartier watch and who had their
Cartier watch repaired or serviced in the United States at a
Defendant-owned Cartier boutique or directly by Defendant at any time
between January 1, 2003 and November 28, 2007. |
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Watchmaker Settlement Sub-Class: All
watchmakers or watch repairers in the United States operating as of
November 28, 2007, which are not authorized Cartier dealers or
authorized Cartier repair shops as of November 28, 2007. |
Benefits to the Class
On December 18, 2008, each member of the Consumer Settlement Sub-Class
was mailed one $100 credit for each Qualifying Paid Repair Service
he or she received. The definition of a Qualifying Paid Repair Service
is contained in the Amended Stipulation of
Settlement. The $100 credits may be used only for the purchase
of a Cartier product at a Defendant-owned Cartier boutique. These
credits shall be fully transferable but are void if not used within
two years of Final Court Approval of the Settlement. These credits
can be aggregated, up to a maximum of two (2) credits and each credit may be used only once. No unused
amounts will be refunded or carried forward as a credit. Each member
of the Consumer Settlement Sub-Class shall be automatically entitled
to their credit(s) without submitting any claim form. You do not need
to do anything to obtain your credit(s). Please read the Notice for further details about the
credits and distribution process.
Each member of the Watchmaker Settlement Sub-Class will be entitled to
apply to Richemont to become an authorized Cartier repair shop, and if
approved, will receive the benefits described in the full Notice. You may request an application
by sending an email to watchrepairsettlement@gardencitygroup.com
or by calling, toll-free, 1-800-918-1029. Richemont will evaluate
applicants based on an agreed upon Evaluation
Form, which can be downloaded on this website and also
requested by sending an email to watchrepairsettlement@gardencitygroup.com
or by calling, toll-free, 1-800-918-1029. Richemont retains sole
discretion to determine which applications will be accepted.
Richemont's decision on whether to approve an application will be
final unless there is evidence that, in applying the criteria set
forth in the Evaluation Form, Richemont breached the covenant of good
faith and fair dealing, in which case the Court may become involved.
Exclusions and Objections
The deadline to exclude yourself from the
Settlement Class or object to the Class Settlement has passed. The
deadline was March 17, 2008. Please read the Notice
for further details.
Settlement Hearing
The Court granted final approval of the Settlement on July 3, 2008. However, someone filed an appeal. The parties settled the appeal. On December 11, 2008, the appeal was dismissed with prejudice. The Effective Date of the Settlement was December 15, 2008.
PLEASE NOTE THE FOLLOWING
IMPORTANT DATES:
March 17, 2008
[Expired]
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Request for Exclusion Deadline
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March 17, 2008
[Expired]
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Objection Deadline
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May 7, 2008
at 2:30 p.m.
[Final Approval Granted]
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Settlement Hearing
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June 12, 2009
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Watchmaker Settlement Sub-Class member
Application Deadline
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