Apple iPod Class Action Lawsuit
iPod BATTERIES FOUND TO BE DEFECTIVE
Girard Gibbs filed the first case on behalf of iPod owners alleging that Apple made material misrepresentations and omissions in its advertising regarding the lifespan of the iPod’s battery. Girard Gibbs, as court appointed co-lead counsel for the class, negotiated a settlement conservatively valued at approximately $15 million which provided warranty extensions, battery replacements, cash payments, and store credits for those class members who experienced a battery failure. In granting final approval of the settlement, the Honorable Beth L. Freeman said that the class was represented by “extremely well qualified” counsel who negotiated a “significant and substantial benefit” for the class members.
Frequently Asked Questions & Responses about the iPod Lawsuit:
1. What Is This "Notice" Letter Talking About?
2. Are You Suing Me?
3. What Is A Class Action?
4. How Do I Know If I Am Part Of The Settlement?
5. Do I need proof of purchase to file a claim for battery failure?
6. What If I Can't Find My Receipt Or Received My iPod As A Gift Without A Receipt?
7. Who Was Mailed The Notice Of The Proposed Settlement?
8. What Relief Is Available Under The Settlement?
9. How Do I know Whether I Have A First, Second Or Third Generation iPod?
10. What Does Battery Failure Mean?
11. How Do I Test My iPod For Battery Failure?
12. How Do The Store Credits Work?
13. How Do I Know If I Want A Store Credit OR A Cash Payment?
14. When Will I Receive My Benefits Under The Settlement?
15. If I Want To Participate In The Settlement, What Do I Do?
16. If I Do Not Do Anything, What Happens?
17. How Do I Make A Claim And Receive My Benefits?
18. What Are The Deadlines For Submitting A Claim?
19. What Address Do I Mail The Claim Form To?
20. How Can I Check The Status Of My Claim/ How Do I Know If My Claim Form Was Received?
21. How Do I Tell The Court What I Think Of The Settlement?
22. I Do Not Want To Participate In The Settlement. How Do I Opt-Out Of (Exclude Myself From) The Settlement?
23. What Happens If I Do Not Opt-Out (Exclude Myself) From The Settlement Class?
24. How Do I Get In Touch With The Attorneys For The Settlement Class?
25. Do I Have To Go To Court? I Do Not Want To Or Cannot Go To Court.
26. Do I Have To Pay An Attorney For Any Of This?
27. What Is The $1,500 "Incentive Payment" To The Class Representatives?
28. How Did You Get My Address/Other Personal Information?
29. The Person You Sent The Notice To Died. What Should I Do With This Notice?
30. What If I Did Not Receive A Class Notice And Claim Form, Or I Lost It, Or My Information Is Incorrect?
31. What If I Still Have Questions?
1. What Is This 'Notice' Letter Talking About?
The 'Notice' you received refers to the settlement of a class action lawsuit against Apple (discussed in the next paragraph). You received the Notice because you may be a member of the Class, and may be able entitled to certain settlement benefits, such as an extended product warranty to guard against battery failure, Apple store credits, or cash. YOU ARE NOT BEING SUED.
Beginning in December 2003, several class action lawsuits were filed against Apple in California and New York by various individual iPod owners (the Class Representatives), who filed the litigation on behalf of all iPod owners in the United States who obtained a new iPod on or before May 31, 2004. The lawsuit alleged that Apple made fraudulent statements, or otherwise concealed material information concerning the iPod's battery.
The parties to the action reached a Settlement and the letter you received is the 'Notice' required under the law to be given to each class member that can be identified with reasonable efforts. Under the terms of the proposed Settlement, if you purchased or obtained a new First, Second, or Third Generation iPod on or before May 31, 2004, you are included in the Settlement Class, and you were mailed a Notice based on registration records maintained by Apple.
The Notice is provided to you so that you can decide if you want to be included as part of the Settlement and receive the benefits under the Settlement, or if you want to opt-out (exclude yourself) from the Settlement Class, or if you want to comment about the settlement, as described below.
YOU ARE NOT BEING SUED. If Apple's records (taken from its registration records) show that you purchased or obtained a new First, Second, or Third Generation iPod on or before May 31, 2004, then under the terms of the Settlement you are included in the Settlement Class and you should have been mailed a Notice.
In a class action, one or more people, called Class Representatives (in this case Lisa Chin, Andrew Westley, Courtney Craft, Joseph Smiley, Brenda Keegan, Sylvia Kieta, Sam Wagya, and Steve Yamin), sue on behalf of all other people, the 'Class,' who have similar claims. All of these people are called 'Class members.' One court resolves the issues in the case for all Class Members, except for those who exclude themselves from the Class. California Superior Court Judge Beth Labson Freeman of the San Mateo Superior Court is the judge assigned to this class action.
4. How Do I Know If I Am Part Of The Settlement?
Membership in the Settlement Class depends on whether you purchased or obtained a new First, Second, or Third Generation iPod on or before May 31, 2004. The Settlement Class is defined as:
All Persons residing in the United States who purchased or obtained a new First, Second, or Third Generation iPod on or before May 31, 2004.
You are not part of the class if you do not meet the above definition, or if you purchased or obtained a Fourth Generation iPod or later, iPod Mini, iPod Photo, iPod Shuffle, or iPod U2.
Please note: you fall within the Class if you received a new First, Second, or Third Generation iPod as a gift.
5. Do I need proof of purchase to file a claim for battery failure?
With respect to Third Generation iPods, only, you do need to submit proof of purchase with your claim. With respect to First and Second Generation iPods, you do not need to submit proof of purchase with your claim.
The proof of purchase can be either a receipt, a copy of a check, or a credit card statement. If the copy of the check or credit card statement does not reflect the iPod purchase, all you need to do is provide a short declaration stating the following: "I declare under penalty of perjury that the transaction reflected on the check or statement was for the purchase of an iPod." For instance, if you purchased a computer and an iPod at Fry's Electronics totaling $1350.66 and paid with a check or by credit card, simply provide a copy of the check or credit card statement along with a declaration stating the above.
If your iPod was purchased from Apple directly you can obtain a duplicate receipt by doing the following:
For Apple OnLine Purchases:
1. Call 800-676-2775 and request a duplicate receipt. You will be asked to provide a product serial number, the name and billing address of the person who purchased the iPod (if it is someone other than you, or you received your iPod as a gift), your name and mailing address (if it is different from the billing name and address provided), and any other information that may help in locating the receipt,
OR
2. Log on to www.apple.com/support/store/ and send a request for a duplicate receipt.
For Apple Retail Purchases:
Call or visit the Apple retail store where your iPod was purchased and ask store personnel for help in getting a duplicate receipt. You will be asked to provide a product serial number, the name and billing address of the person who purchase the iPod (if it is someone other than you, or you received your iPod as a gift), your name and mailing address (if it is different from the billing name and address provided), and any other information that may help in locating the receipt. Store personnel will generate a request for you, and forward it to the Apple Store-Ops branch for processing.
If your iPod was purchased from some internet or retail source other than Apple (e.g., Fry's Electronics, Best Buy, CompUSA, etc.) you should contact that source and ask how to obtain a duplicate receipt. We have surveyed such stores and understand that most will provide duplicate or gift receipts.
6. What If I Can't Find My Receipt Or Received My iPod As A Gift Without A Receipt?
The proof of purchase can be either a receipt, a copy of a check, or a credit card statement. If the copy of the check or credit card statement does not reflect the iPod purchase, all you need to do is provide a short declaration stating the following: "I declare under penalty of perjury that the transaction reflected on the check or statement was for the purchase of an iPod." For instance, if you purchased a computer and an iPod at Fry's Electronics totaling $1350.66 and paid with a check or by credit card, simply provide a copy of the check or credit card statement along with a declaration stating the above.
If your iPod was purchased from Apple directly you can obtain a duplicate receipt by doing the following:
For Apple OnLine Purchases:
1. Call 800-676-2775 and request a duplicate receipt. You will be asked to provide a product serial number, the name and billing address of the person who purchased the iPod (if it is someone other than you, or you received your iPod as a gift), your name and mailing address (if it is different from the billing name and address provided), and any other information that may help in locating the receipt,
OR
2. Log on to www.apple.com/support/store/ and send a request for a duplicate receipt.
For Apple Retail Purchases:
Call or visit the Apple retail store where your iPod was purchased and ask store personnel for help in getting a duplicate receipt. You will be asked to provide a product serial number, the name and billing address of the person who purchase the iPod (if it is someone other than you, or you received your iPod as a gift), your name and mailing address (if it is different from the billing name and address provided), and any other information that may help in locating the receipt. Store personnel will generate a request for you, and forward it to the Apple Store-Ops branch for processing.
If your iPod was purchased from some internet or retail source other than Apple (e.g., Fry's Electronics, Best Buy, CompUSA, etc.) you should contact that source and ask how to obtain a duplicate receipt. We have surveyed such stores and understand that most will provide duplicate or gift receipts.
7. Who Was Mailed The Notice Of The Proposed Settlement?
If Apple's records show that as of May 31, 2004 you purchased or obtained one of the products identified, then you should have been mailed a Notice and an accompanying Claim Form.
8. What Relief Is Available Under The Settlement?
The Settlement provides for the following types of relief:
Third Generation iPods:
All iPods come with a one-year limited warranty. Under the settlement, people who purchased or obtained a new Third Generation iPod on or before May 31, 2004 will receive an additional one-year warranty to guard against battery failure only. If the person experiences battery failure during the one-year warranty extension, the class member may either (1) return the iPod to Apple for a free battery replacement or a replacement iPod; or (2) a store credit in the amount of $50.00. To obtain relief, you must submit a timely and valid claim form.
First & Second Generation iPods:
Class members who purchased or obtained a new First or Second Generation iPod on or before May 31, 2004 and experienced a battery failure within two years of purchase are entitled to receive either: (1) a Store Credit in the amount of $50.00 or (2) a cash payment of $25.00. To obtain this relief, you must submit a timely and valid claim form, and indicate which benefit (Store Credit or cash payment) you are requesting.
Class Members Who Paid For Battery Replacement Under Apple's Battery Replacement Program:
Class members who experienced a battery failure within two years of purchase and paid for iPod battery repair or replacement under Apple's Battery Replacement Program ($99.00 plus $6.95 for shipping and handling) prior to June 2, 2005, are eligible to receive a cash payment of up to 50% of the amount the Class member paid for the battery or iPod replacement under that program (excluding fees for shipping, handing and applicable sales tax). To obtain relief, the Class member must submit a timely and valid claim form.
Class Members Who Obtained Battery Repair or Replacement Under the AppleCare Protection Plan for iPod.
Class members who purchased the Apple Care Protection Plan ("APP") prior to June 2, 2005 and at anytime obtained battery repair or replacement service under the APP, will automatically receive $25.00. Apple will search its records and automatically send the checks to each class member it locates by first-class mail. There is no need to submit a claim form to obtain this relief.
9. How Do I know Whether I Have A First, Second Or Third Generation iPod?
You can determine which generation iPod you have based on the following characteristics:
First Generation iPod - You have a First Generation iPod if your iPod has a mechanical (rotating) scroll wheel. Apple introduced the First Generation iPods in October 2001 and discontinued them in approximately April 2003.
Second Generation iPod - You have a Second Generation iPod if your iPod has a solid-state (non-rotating) touchwheel that did not come with a dock connector. Apple introduced the Second Generation iPods in July 2002 and discontinued them in approximately April 2003.
Third Generation iPod - You have a Third Generation iPod if your iPod has a solid-state (non-rotating) touchwheel, a horizontal row of control buttons, and a dock connector. Apple introduced the Third Generation iPods in April 2003 and discontinued them in approximately July 2004.
10. What Does Battery Failure Mean?
With respect to the First and Second Generation iPods, a Battery Failure means that the battery's capacity to hold a charge has dropped to five hours or less of continuous audio playback, with the earbuds attached.
With respect to the Third Generation iPod, a Battery Failure means that the battery's capacity to hold a charge has dropped to four hours or less of continuous audio playback, with the earbuds attached.
11. How Do I Test My iPod For Battery Failure?
According to Apple, you can test your iPod for Battery Failure by following these four steps:
- Reset your iPod: To reset your iPod, toggle the Hold switch on and off. (Slide it to Hold, then turn it off again.) Next, press and hold the Play/Pause and Menu buttons until the Apple/iPod logo appears, for about six to ten seconds. You may need to repeat this step. For more information on resetting your iPod, please visit http://docs.info.apple.com/article.html?artnum=61705/.
- Update your iPod's software: Download and install the latest iPod Software Updater appropriate to your model iPod from the Apple Website at www.apple.com/support/downloads/
- Charge iPod fully: Fully charge iPod using the Apple iPod Power Adapter.
- Continuous Audio Playback: Attach the earbuds. From iPod's main menu, click Settings, then click Repeat to turn on this feature. Select an album, then select a song to play. The album should play over and over until the battery is depleted. Note the time iPod started its playback, and check iPod at appropriate intervals to see how long it plays.
12. How Do The Store Credits Work?
Apple Store Credits can be used at either The Apple Store (Online) or at a kiosk (a computer linked to The Apple Store (Online)) located in a retail store operated by Apple. For a current list of Apple's retail stores, please visit www.apple.com/retail.
The Store Credits will be issued as a discount code number and are redeemable toward the purchase of any Apple-branded products or services (except iTunes downloads, iTunes Music Store Cards, iTunes Gift Certificates, or any other product redeemable for iTunes downloads or cash).
Store credits may be transferred once but may not be aggregated or redeemed for cash. There is no minimum purchase, and the Store Credits may be used to purchase multiple products, but must be used up in a single transaction. The Store Credits are not applicable toward shipping, handling and sales tax.
Store Credits will expire eighteen (18) months after the date of issuance.
13. How Do I Know If I Want A Store Credit OR A Cash Payment?
Choosing between the Store Credit and Cash Payment is entirely up to you. If you use or purchase Apple products, then the Store Credit may be valuable to you. If you do not use or purchase Apple products, the cash payment may be a better option for you.
14. When Will I Receive My Benefits Under The Settlement?
In December 2003, Girard Gibbs LLP filed the first class action suit on behalf of all iPod owners in the United States based on allegations that Apple misrepresented the playtime and lifespan of the iPod’s battery. A settlement was reached in April 2005, which the Honorable Beth L. Freeman of the San Mateo Superior Court granted final approval on August 25, 2005. On October 24, 2005, however, two individuals filed appeals from the Court’s order granting final approval of the settlement. As a result of the appeals, Apple could not begin the process of fulfilling claims. The appeals were abandoned in late December 2005. Thereafter, Apple and the claims administrator began processing the claims received. Apple began fulfilling claims in February 2006, and is continuing to do so.
We sincerely appreciate your patience during the claims fulfilling process. To expedite the settlement distribution process, please respond to any notices of deficiency you may receive right away. You will have 60 days to make changes to your claim form to remedy any deficiencies. For more specific information, please write to us at ipodsettlement@girardgibbs.com.
15. If I Want To Participate In The Settlement, What Do I Do?
If you want to participate in the settlement, you must submit a completed claim form within the time period identified in the Notice. Instructions for completing the claim form are attached to the Notice and may also be found at www.appleipodsettlement.com.
16. If I Do Not Do Anything, What Happens?
If you do not submit a claim within the time period identified in the Notice, and you do not opt out, you will remain in the class, but you will not receive a settlement payment and you will release all of your rights relating to the legal claims in this case.
17. How Do I Make A Claim And Receive My Benefits?
If you purchased or obtained a new First, Second or Third Generation iPod on or before May 31, 2005, you can make a claim to receive battery service, a store credit or cash payment depending on which model iPod you have. If you do not make a claim, or you do not make your claim on time, you will not receive a payment. To make a claim, fill out and submit the Claim Form that is attached to the Notice within the period identified in the Notice.
18. What Are The Deadlines For Submitting A Claim?
For Third Generation iPod Battery Replacement, your claim form must by postmarked by (a) two years after the original purchase date of the iPod for which you are making the claim, or (b) Friday, September 30, 2005, whichever is later.
For all other claims, your claim form must be postmarked by Friday, September 30, 2005.
19. What Address Do I Mail The Claim Form To?
The address to where the claim form should be mailed is located at the top of the claim form and is as follows:
Apple iPod Claims Administrator |
P.O. Box 6175 |
Novato, California 94948-6175 |
20. How Can I Check The Status Of My Claim/ How Do I Know If My Claim Form Was Received?
If you would like to verify that the Claims Administrator received your claim, you can call 1-888-385-3085 and select option 4 (FAQs) and then option 19 (followed by the pound key). Option 19 is for people who need help filling out the claims form or who would like to verify the receipt of their claim. If all personnel are busy you can leave a message to have someone call you back.
21. How Do I Tell The Court What I Think Of The Settlement?
As a Class Member, you have the right to object to or comment in support of the proposed Settlement, the proposed award of attorneys' fees and expenses, or the proposed payment of incentive awards to the class representatives.
To object to or comment in support of the proposed Settlement, you must submit a written statement setting forth: (1) your name, address, and telephone number; (2) the reference "In re iPod Cases, Judicial Council Coordination Proceeding No. 4355"; (3) the serial number, if available, of each iPod you purchased or obtained that brings you within the Class definition, or if the serial number is not available, the approximate date you purchased or obtained the iPod and whether it is First, Second, or Third Generation; and (4) your objections, comments and any supporting arguments, to:
Clerk of the Court |
Superior Court of California for San Mateo County |
Hall of Justice and Records |
400 County Center |
Redwood City, CA 94063 |
You must also mail copies of your entire written submission to Plaintiffs' Counsel and Apple's counsel at the following addresses:
Plaintiffs' Counsel: |
|
Eric H. Gibbs |
Girard Gibbs LLP |
601 California Street, Suite 1400 |
San Francisco, California 94108 |
|
Steven N. Williams |
Elizabeth C. Pritzker |
Cotchett, Pitre, Simon & McCarthy |
San Francisco Airport Office Center |
840 Malcolm Road, Suite 200 |
Burlingame, California 94010 |
|
Apple's Counsel: |
|
James P. Bennett |
Penelope A. Preovolos, |
Andrew D. Muhlbach, |
Morrison & Foerster LLP |
425 Market Street |
San Francisco, California 94105 |
To be considered by the Court, your objections or supporting comments must be actually received by the Clerk of the Court, Plaintiffs' Counsel, and Apple's counsel, and not merely postmarked, no later than July 29, 2005. You cannot both request exclusion and make an objection. Only those who remain in the Class may make an objection.
The Court will hold a hearing to decide whether to grant final approval of the proposed settlement. The hearing is scheduled for August 25, 2005, before the Honorable Beth L. Freeman, Judge of the Superior Court, in Department 3 of the Superior Court of California for San Mateo, 400 County Center, Redwood City, California 94063. Settlement Class Members will be permitted to speak at the hearing, but only if they follow the procedures above.
22. I Do Not Want To Participate In The Settlement. How Do I Opt-Out Of (Exclude Myself From) The Settlement?
The opt-out deadline is July 29, 2005. If you choose to opt-out (exclude yourself) from the Settlement Class, you will not receive the benefits of the Settlement, and your claims will not be released. If you wish to opt-out (exclude yourself) from the Settlement Class, you must send a written request for exclusion postmarked by July 29, 2005, to Plaintiffs' Counsel:
Eric H. Gibbs |
Girard Gibbs LLP |
601 California Street, Suite 1400 |
San Francisco, California 94108 |
|
Steven N. Williams |
Elizabeth C. Pritzker |
Cotchett, Pitre, Simon & McCarthy |
San Francisco Airport Office Center |
840 Malcolm Road, Suite 200 |
Burlingame, California 94010 |
Your written request for exclusion must be signed and sent by First-Class mail, stating (1) your name, address, and telephone number; (2) the reference "In re iPod Cases, Judicial Council Coordination Proceeding No. 4355"; (3) the serial number, if available, of each iPod you purchased or obtained that brings you within the Class definition, or if the serial number is not available, the approximate date you purchased or obtained the iPod and whether it is First, Second, or Third Generation; and (4) that you wish to be excluded from the Class. Requests for exclusion must be mailed to both of Plaintiffs' Co-Lead Counsel at the addresses listed above, postmarked no later than July 29, 2005. If you submit a request for exclusion that does not comply with these requirements, your request will be deemed invalid, and you will not be excluded from the Class.
23. What Happens If I Do Not Opt-Out (Exclude Myself) From The Settlement Class?
If you meet the definition of the Settlement Class and do not opt-out, you will remain in the Settlement Class. This means you may be able to make a claim and receive relief. Also, the Court will enter a judgment dismissing the lawsuit against Apple with prejudice, and releasing all claims that you have or may have against Apple for all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, restitution, disgorgement, costs, attorneys' fees, losses, expenses, obligations or demands, of any kind whatsoever that you may have or may have had, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis or on behalf of the general public, whether known or unknown, suspected or unsuspected, threatened, asserted or unasserted, actual or contingent, liquidated or unliquidated, that were alleged or could have been alleged in the litigation regarding the iPod battery, including without limitation, claims relating to any alleged defect, misrepresentation, or failure to disclose regarding the iPod battery or the iPod battery's life, lifespan, playtime or charge-holding capacity in iPods bought or obtained by the class representatives on or before May 31, 2004. Notwithstanding the foregoing, Released Claims shall not include any claims for personal injury.
24. How Do I Get In Touch With The Attorneys For The Settlement Class?
You can contact Plaintiffs' Counsel by sending an e-mail to iPodSettlement@girardgibbs.com. Due to the high volume of e-mails, it may take up to three business days to respond to your e-mail. Please do not direct any questions to the Court.
25. Do I Have To Go To Court? I Do Not Want To Or Cannot Go To Court.
You do not have to go to court. To remain in the settlement, you do not have to do anything. To receive battery service, a store credit or cash compensation, all you have to do is file a claim on the Claim Form provided with the Class Notice.
26. Do I Have To Pay An Attorney For Any Of This?
No. You are not responsible for paying any attorneys' fees or expenses out of your own pocket. Any fees and expenses of the Plaintiffs' attorneys in connection with this case will be paid by Apple in the amounts approved by the Court.
This litigation began in December 2003, with eight (8) lawsuits filed in California and one in New York. Plaintiffs' counsel in these lawsuits have worked on these cases on an entirely contingent basis, which means they agreed to be paid only if they eventually recovered something for their clients. Thus, at this time, none of Plaintiffs' counsel have been paid for their services or received any reimbursement for out-of-pocket expenses. As a result of Plaintiffs' counsels' efforts in this litigation, they were able to successfully negotiate the present settlement. As part of the settlement, Plaintiffs' counsel will apply for attorneys' fees and expenses in an amount not to exceed $2,768,000.00.
Any award of attorneys' fees and expenses will not reduce the value of benefits provided to the class under the settlement, and will be paid separately by Apple. Under no circumstances will you be required to pay any attorneys' fees or costs as a consequence of your decision to participate in the settlement.
27. What Is The $1500 "Incentive Payment" To The Class Representatives?
Plaintiffs' counsel will ask the Court to award a $1500 incentive payment to each of the Class representatives. The Class Representatives are the individuals who originally filed the lawsuits against Apple. The incentive awards are sought in recognition of the time and effort the Class Representatives expended in pursuing the lawsuit, in participating in discovery, in fulfilling their obligations and responsibilities as Class Representatives, and of the benefits conferred on the Class by the settlement. Any incentive awards to the named plaintiffs that the Court approves will not reduce the value of benefits provided to the class members under the settlement, and will be paid separately by Apple.
28. How Did You Get My Address/Other Personal Information?
The list of addresses for mailing the settlement notice was taken from Apple's registration records. The mailing will not result in disclosure of your financial or other identifying information. All reasonable efforts were undertaken to mail the notice only to potential Class Members.
29. The Person You Sent The Notice To Died. What Should I Do With This Notice?
If you are the beneficiary of the deceased person's estate, you may recover under this Settlement on his or her behalf. To do so, submit a copy of the death certificate and power of attorney or other legal documentation to show that you are authorized to act on behalf of the estate.
30. What If I Did Not Receive A Class Notice And Claim Form, Or I Lost It, Or My Information Is Incorrect?
If you need a new Notice and/or Claim Form, you can access a pdf version of the documents and print them from the following website www.girardgibbs.com/ipodsettlementnotice.pdf and www.girardgibbs.com/ipodclaimform.pdf.
If you just need to provide updated information about yourself, your address, or the vehicle, simply write it on the Claim Form (or on your exclusion request or objection, if applicable) when you mail it in. If your address changes after you have submitted your Claim Form you must notify the Claims Administrator of your new address in writing at Apple iPod Claims Administrator, P.O. Box 6175, Novato, CA 94948-6175.
31. What If I Still Have Questions?
If you still have questions, feel free to contact us at iPodSettlement@girardgibbs.com.
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