1. Sutts, Strosberg LLP is co-counsel with Andrew Morganti in a class action commenced in Windsor, Ontario on February 23, 2012.
2. Counsel in companion actions commenced in British Columbia (Branch MacMaster LLP ) and Québec (Sylvestre Fafard Painchaud) are co-operating with us to prosecute the actions nationally.
3. The lawsuit alleges that from April 1, 2010, Apple Inc., Hachette Book Group Canada Ltd., Hachette Book Group, Inc., Harpercollins Canada Limited, Harpercollins Publishers, Inc., Macmillan Publishers, Inc., Penguin Group (USA), Inc., Pearson Canada Inc., c.o.b. as Penguin Group (Canada), Simon & Schuster Canada, Inc. and Simon & Schuster, Inc. ( the “Defendants”) conspired to fix the prices at which eBooks were sold in Canada and worldwide.
4. Justice Terrence Patterson of the Ontario Superior Court of Justice has been appointed the case management judge.
5. The plaintiffs in the actions across Canada have reached a proposed national settlement with the five sets of Publisher Defendants. The Settling Defendants did not admit liability, but they agreed to pay in total $3.175 million for the benefit of the settlement class members and to provide co-operation to the plaintiffs in prosecuting the actions against the remaining Non-settling Defendant.
6. The Courts have certified/authorized the Ontario action and the Québec action as national class actions against the Settling Defendants for settlement purposes only. Class members are: All persons in Canada who purchased eBooks in Canada between April 1, 2010 and September 22, 2014, except the Defendants and their affiliated officers, subsidiaries and affiliates.
7. If you want to participate in the actions and benefit from the settlement and any later settlement or judgments, you do not need to do anything now. If you do not want to participate in the actions, you must exclude yourself by completing and sending the Opt Out Form to the class lawyers at firstname.lastname@example.org by September 26, 2014.
8. If you want to object to the settlement you must write to the class lawyers at email@example.com by September 26, 2014, setting out the reasons for your objections.
9. The Courts will be asked to approve the settlement agreements with these groups of defendants at hearings to be held in Windsor, Ontario on October 6, 2014 and in Montréal, Québec on October 17, 2014.
THE ONGOING ACTION
11. The actions are ongoing against the Defendant, Apple Inc..
12. A schedule for steps in the Ontario action has been agreed to with the court. The plaintiff has filed her certification record in Ontario and a responding record has been received from Apple.
13. If you would like to speak to someone at Sutts, Strosberg LLP about this proposed class action, please use our toll free line 1.800.229.5323, extension 8296.
14. If you would like to know more about how a class action works, click here.