Notice of Pendency of Class Action

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Iomega has a controlling interest, and any of Iomega's subsidiaries, affiliates, officers, directors, or employees. 2. “Class Claims” shall refer to any manner of action and causes of action, claims, suits, arbitrations, obligations, debts, demands, agreements, promises, liabilities, damages, judgments, decrees, controversies, costs and expenses, or attorneys fees, whether based on federal law, state law, common law or otherwise, foreseen or unforeseen, matured or unmatured, known or unknown, accrued or unaccrued, suspected or unsuspected (whether class or individual in nature), asserting claims for damage to Zip drives and/or losses resulting from the corruption or loss of data as a result of such damage or to other drives, which have been, ever could have been, or can hereafter be asserted by the Plaintiffs, or the Class Members, or any one of them, against Iomega or the Releasees, in connection with, arising out of, or relating in any way to (a) the Complaint, or (b) the acts, failures to act, omissions, misrepresentations, statements, misstatements, facts, events, transactions, occurrences, or other subject matters set forth, alleged, embraced, encompassed, or otherwise referred to in or underlying the Complaint, including, without limitation, any and all claims for violations of federal, state, common or other law arising from such subject matters. Class Claims do not include claims for personal injury or physical property damage (except that claims relating to physical damage to any disk or disk drive are included). Class Claims also do not include any unexpired and otherwise valid express warranty claims which do not relate to the allegations in the Complaint. 3. “Class Member” means the Plaintiffs and any Person who fits within the definition of the Class who does not file a valid and timely Request for Exclusion, as provided in the Notice. - 2 -
4. “Proof of Manifestation” means an affidavit or other written statement made under the penalties of perjury in a form to be mutually determined by Iomega’s Counsel and Class Counsel which sets forth the circumstances under which the Zip Drive purchased by a Class Member manifested a clicking problem resulting in damage to the Drive, to the media contained in the Drive, or to another drive. 5. “Releasees” means Iomega, and its present and former trustees, directors, agents, partners, principals, officers, employees, members, shareholders, attorneys, insurers, parents, subsidiaries, affiliates, divisions, and any predecessor or successor partnerships, corporations or entity, and any person or entity controlled by them or controlling them. 6. “Request for Exclusion” means a request by a person who fits within the definition of the Class to be excluded from the Class pursuant to Delaware Superior Court Civil Rule 23. 7. “Settlement Effective Date” means the date by which the Court’s approval of this settlement becomes final and all appeals, if any, have been exhausted. 8. “Stipulation” means the Stipulation of Settlement of Class Action and all exhibits attached hereto. BACKGROUND AND DESCRIPTION OF THIS LITIGATION 1. On September 10, 1998, the Plaintiffs, on behalf of themselves and other similarly situated purchasers of Iomega’s Zip® Drive products, brought this class action lawsuit against Iomega Corporation (“Iomega”). The plaintiffs claim: (1) that the Zip® Drives contain a manufacturing and/or design defect that causes a “clicking” problem, and (2) that as a result of the alleged defect, users experience damage to the Zip® Drive, to the media contained on Zip® Disks inserted into the drives or to other drives into which the Zip® Disks are inserted. The - 3 -
Page 1: IN THE SUPERIOR COURT OF THE STATE
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Page 9 and 10: Sanford P. Dumain, Esq. Lee A. Weis
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Page 13 and 14: Sanford P. Dumain, Esq. Lee A. Weis

Notice of Pendency of Class Action

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