Technical questions about filing an online claim

COMMONLY ASKED QUESTIONS AND ANSWERS

Basic Information

1. What are the lawsuits about?

2. Has the Court ruled on Plaintiffs' claims

3. What is a class action lawsuit?

4. Why is there a Settlement of the lawsuits?

5. When will the Court decide whether to approve the Settlement?

Who is Part of the Settlement

6. How do I know if I’m a Class Member and part of the Settlement?

7. What is a Diamond Product or a Gem Diamond?

8. How do I know if I am located in the U.S.?

8a. What U.S. states and territories are included in the Settlement?

9. Are there any exceptions to being included in the Settlement Classes?

10. Can I be a member of more than one class or subclass?

11. Are purchases made from a De Beers store covered by this Settlement?

12. What do I have to do to remain a Class Member?

13. What if I am still not sure if I am part of the Settlement?

The Settlement Benefits

14. What does the Settlement provide?

15. How will the $295 million Settlement money be allocated to Class Members?

How to Get a Settlement Payment

16. How do I get a payment from the Settlement?

16a. Can I file on behalf of a claimant who died prior to October 1, 2007?

16b. Do I include taxes paid as part of the purchase price?

16c. Should I hire someone to help me file a claim?

16d. Earlier in the year (prior to December 2007) I received what I thought was a claim form from another company and have already filled out and returned that form to the other company. Was the form I filled out a valid claim form?

17. What are the deadlines for me to submit a claim?

18. Do I need to send in proof of my diamond purchases when I submit my claim?

19. How much will my payment be?

19a. How will Indirect Reseller payments be distributed?

19b. How much will a Consumer payment be?

19c. How will Direct Purchaser payments be distributed?

20. Will I have to pay taxes on my payment?

21. What should I do if I move after I submit my Claim Form?

22. What if I received a check, but it was then lost or destroyed or expired?

23. I received a check in the mail, but it was made out incorrectly. How can I get it reissued?

24. I want to give the check back. Who should I send it to?

25. Am I giving anything up in return for my payment?

Your Legal Rights and Choices

26. What are my legal rights and choices if I am a Class Member?

27. Can I exclude myself from the Class and the Settlement?

28. If I am a member of more than one Class or Subclass and want to be excluded from the Settlement, do I have to separately exclude myself from each class and subclass?

29. Can I tell the Court if I do not like the Settlement?

30. Can I object after the Fairness Hearing has occurred?

31. What is the difference between objecting and excluding myself?

32. Can I attend or speak at the Court’s hearing on the Settlement?

33. What happens if I do nothing at all?

Who Represents You

34. Do I have a lawyer in these lawsuits?

35. How will Class Counsel be paid?

36. Can I get my own lawyer?

Getting More Information

37. Are more details about the lawsuit and Settlement available?



Basic Information

1. What are the lawsuits about? (top)

Several class-action lawsuits were filed asking for money damages on behalf of diamond purchasers. The lawsuits also asked that the defendants stop certain business conduct. The lawsuits claim that the largest suppliers of diamonds in the world—De Beers S.A. and its associated companies—violated antitrust, unfair competition, and consumer-protection laws by monopolizing diamond supplies, conspiring to fix, raise, and control diamond prices, and disseminating false and misleading advertising. De Beers and the other companies deny they violated the law or did anything wrong. They also say that because they do not do business in the United States, the courts in the United States do not have authority over them.

The Court in charge of most of the lawsuits is the U.S. District Court for the District of New Jersey. The names of the main lawsuits are: Sullivan, et al. v. DB Investments, Inc., et al., Civil Action No. 04-CV-2819 (SRC) (D.N.J.); ANCO Industrial Diamond Corp., et al. v. DB Investments, Inc., et al., Civil Action No. 01-CV-4463 (SRC)(D.N.J.); and British Diamond Import Company v. Central Holdings Ltd., et al. Civil Action No. 04-CV-4098 (SRC) (D.N.J.).

The people and companies that sued are called the “Plaintiffs,” and the companies they sued are called the “Defendants.” The Defendants in the lawsuits are: De Beers S.A., De Beers Consolidated Mines, Ltd., De Beers Centenary A.G., De Beers A.G., Diamond Trading Company, Ltd., DB Investments, Inc., CSO Valuations A.G., Central Selling Organization, and Central Holdings Ltd.

For more details about these lawsuits, please read the long forms of the Direct and Indirect Purchaser Notices.

2. Has the Court ruled on Plaintiffs' claims? (top)

The courts where the lawsuits were filed have not made any determinations regarding whether the Defendants have done anything wrong. If the lawsuits are settled, the Court will not rule on any of Plaintiffs' claims or on Defendants’ defenses to those claims, and the lawsuits will be dismissed. This means the Class Members may not sue any Defendant ever again about any past, present or future claims based on or related to the conduct covered by the lawsuits.

3. What is a class action lawsuit? (top)

In a class action lawsuit, one or more people or businesses—called the named plaintiffs—sue on behalf of other people or businesses that have similar claims. All of these people and businesses together are a “Class,” and individually each is a “Class Member.” One Court decides all the issues in the lawsuit for all Class Members, except for those who exclude themselves from the Class (called “opting-out”). A primary benefit of having a class action is that each individual or business will not have to pay for and spend time bringing its own lawsuit.

In these lawsuits, the named plaintiffs are individuals and businesses that purchased diamond products. They have brought these cases on behalf of themselves and other individuals and businesses that purchased diamond products (See Question 6).

4. Why is there a Settlement of the lawsuits? (top)

There have not been any trials of the lawsuits, and the Court has not decided who is right or wrong. Instead, the Plaintiffs and Defendants agreed to a Settlement on behalf of Class Members. Both sides negotiated the Settlement for several months with the help of professional mediators. By reaching a Settlement, they avoid the risks and costs of further litigation, including a trial, and Class Members have the opportunity to receive money and other Settlement benefits. You can read the entire Settlement Agreement by clicking here.

Please remember that if you are a Class Member, you have legal rights and choices to make before the Court decides whether to approve this Settlement. These rights and choices are explained on this web site and in the Settlement Notice, which you can read by clicking here. You can also obtain the Notice by calling the Diamonds Claims Administrator toll free at 1 800 760 5431, or writing to: P.O. Box 9432, Minneapolis, Minnesota 55440–9432.

5. When will the Court decide whether to approve the Settlement? (top)

The Court held a hearing on the Settlement—called the “Fairness Hearing”—at 10:00 a.m. on April 14, 2008. The Fairness Hearing was held in Courtroom 8, United States Post Office & Courthouse Building, Federal Square, Newark, New Jersey 07101. At the Fairness Hearing, the Court considered whether the Settlement was fair and adequate, and listened to any supporting or objecting statements that were made about the Settlement. The Court also considered the Class lawyers’ request for attorneys’ fees and reimbursement of expenses.

Judge Chesler issued an order approving the Settlement on May 27, 2008. These documents are posted on the "Other Settlement Documents" page which can be accessed by clicking the appropriate link on the left. Appeals have since been filed contesting final approval of the Settlement, and these appeals will postpone resolving claim calculations. No payments will be made on eligible claims until all appeals are resolved. It is uncertain how long these appeals will take to resolve, and the timing of resolving the appeals is not within our control. It is not uncommon for appeals to take several months or even years to resolve.

Who is Part of the Settlement

6. How do I know if I’m a Class Member and part of the Settlement? (top)

To see if you qualify to receive money from the Settlement, you first need to make sure you are a Class Member. The Court has said that two types of classes are included, an indirect purchaser class and a direct purchaser class:

  1. The “Indirect Purchaser Class ” includes businesses and individuals located in the U.S. who purchased one or more “Diamond Products” from January 1, 1994 to March 31, 2006, but excludes any diamonds purchased directly from any of the Defendants or their competitors. (Please read Questions 7 and 8 below for a definition of “Diamond Product” and an explanation of what it means to be "located in the U.S.") The Indirect Purchaser Class has two different kinds of members or “subclasses”:
    1. Companies and people who purchased Diamond Products for resale, such as jewelry companies, department stores, and diamond jewelry manufacturers. This is the Indirect Purchaser “Reseller Subclass.”
    2. People and companies who purchased Diamond Products for personal use, including to give as gifts. This is the Indirect Purchaser “Consumer Subclass.”

  2. The “Direct Purchaser Class” includes companies and individuals located in the U.S. who, from September 20, 1997 to March 31, 2006, purchased one or more “Gem Diamonds” directly from a Defendant or a competitor of a Defendant (including any company controlled by or affiliated with Defendants or Defendants’ competitors). (Please read Questions 7 and 8 below for a definition of “Gem Diamond” and an explanation of what it means to be "located in the U.S.") The Defendants’ Diamond Mining Competitors include ALROSA, Rio Tinto, BHP Billiton, and Argyle. A list of the Defendants’ Diamond Mining Competitors and their affiliates can be found in Appendix A in the Notice. Sightholders, for the period they had sightholder status, De Beers, De Beers’ Diamond Mining Competitors and their affiliates are excluded from the Class.

The vast majority of people and companies who are in this Settlement are part of the Indirect Purchaser Class. Relatively few people or entities purchased directly from De Beers, its affiliates, or their competitors. You should also refer to Question 9 to see if you fall within one of the exceptions to being included in the Settlement Classes.

7. What is a Diamond Product or a Gem Diamond? (top)

To be a member of the Indirect Purchaser Class (either the Consumer Subclass or the Reseller Subclass), you must have purchased a Diamond Product. A Diamond Product includes:

  • Gem Diamonds: A Gem Diamond is a diamond of such color, clarity, and quality that it can be used in jewelry. It can be a “Rough Diamond”, which is uncut (or only partially cut) and unpolished, or a “Polished Diamond”, which is cut and polished. Man-made or industrial use diamonds are not Gem Diamonds.

  • Diamond Jewelry: Diamond Jewelry is any decorative piece, such as a ring, necklace, earring, cufflink, watch, or pen, containing one or more Gem Diamonds. A decorative piece that contains other gems is still considered Diamond Jewelry as long as it has at least one Gem Diamond.

  • Other Diamond Products: Diamond Products is a term used to refer collectively to Gem Diamonds, Diamond Jewelry, or any other product containing one or more Gem Diamonds.

To be a member of the Direct Purchaser Class, you must have purchased a Gem Diamond, as defined above, directly from a Defendant or a competitor.

8. How do I know if I am located in the U.S.?  (top)

To be included in the Settlement you must be “located in the U.S.” The Settlement gives slightly different meanings to the term “located in the U.S.”, depending on whether you purchased directly from a Defendant or a Defendant’s competitor (in which case you may be a member of the Direct Purchaser Class) or from another source (in which case you may be a member of the Indirect Purchaser Class).

For purposes of the Indirect Purchaser Class, you are considered to be “located in the U.S.” if you meet two requirements. First, you must have purchased a Diamond Product in the U.S. between January 1, 1994 and March 31, 2006. A U.S. purchase is any purchase where the Diamond Product was delivered to you in the U.S. and includes purchases made from establishments in the U.S., as well as purchases from establishments abroad that were delivered to you in the U.S.. Second, you must have resided in the U.S. on October 1, 2007. For individuals, this means that you maintained a place of residence in the U.S.; for companies and other business entities, this means that you were organized and existed under the laws of any state or territory in the U.S. or maintained a place of business in the U.S.

For purposes of the Direct Purchaser Class, you are considered to be “located in the U.S.” if you either: (1) resided in the U.S. between September 20, 1997 and March 31, 2006; or (2) purchased a Gem Diamond in the U.S. (i.e., purchased for delivery to the U.S.) between September 20, 1997 and March 31, 2006. However, you may only submit claims for Gem Diamonds purchased in the United States.

8a. What U.S. states and territories are included in the Settlement?  (top)

For the purposes of the Settlement, the United States includes all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.

9. Are there any exceptions to being included in the Settlement Classes? (top)

Yes. You are not a member of either the Direct or Indirect Purchaser Class if:

  • You are one of the Defendants or an affiliate of a Defendant, or if you are an employee, officer or director of a Defendant.
  • You are a business in which a Defendant owns a controlling interest.
  • You are a federal, state or local government entity.
  • You are the judge or other judicial officer overseeing this Settlement, or you are part of the judge or judicial officer’s family or court staff.
  • In the Direct Class, if you are one of the Defendants’ Diamond Mining Competitors.

In addition, if you are or were a De Beers or DTC Sightholder, you cannot recover for any direct purchases made from a Defendant, an affiliate of a Defendant, or a Defendants’ Diamond Mining Competitor during the time period when you were a Sightholder. However, you can recover as a member of the Indirect Purchaser Class for purchases made from other sources during that time.

10. Can I be a member of more than one class or subclass?  (top)

Yes, you can qualify for any class or subclass as long as you meet all the requirements of that class or subclass. You cannot, of course, recover from more than one Settlement fund for the same purchase.

11. Are purchases made from a De Beers store covered by this Settlement?  (top)

If you purchased a loose diamond from a De Beers store between September 20, 1997 and March 31, 2006, you are eligible to make a claim for that purchase as a Direct Purchaser, using the Direct Purchaser Claim Form. The deadline to file a claim was May 19, 2008.

However, if you purchased Diamond Jewelry (anything other than a loose diamond) from a De Beers store, this purchase is not covered by the Settlement and you are not eligible to make a claim for such purchase.

12. What do I have to do to remain a Class Member?  (top)

You will automatically be considered part of the class unless you opt-out. However, to receive any money from the Settlement Fund, your Claim Form must have been completed online by May 19, 2008 or it must have been mailed to the Diamonds Claims Administrator so that it was postmarked no later than May 19, 2008.

13. What if I am still not sure if I am part of the Settlement?  (top)

Please call the Diamonds Claims Administrator at 1–800–760–5431.

The Settlement Benefits

14. What does the Settlement provide? (top)

The Settlement has two parts. First, the Settlement provides that the Defendants will pay a total of $295 million for the benefit of Class Members plus up to $7 million for the costs of providing notice of the Settlement terms to the Indirect Purchaser Class.

Second, the Settlement prohibits the Defendants from engaging in certain conduct that violates state and federal antitrust laws, and requires the Defendants to submit themselves to the jurisdiction of the court for purposes of enforcing these and other provisions of the Settlement. This agreement is contained in an order of the Court called an “Injunction.” Specifically, the Injunction prohibits the Defendants from entering into certain agreements with Sightholders and entities engaged in the mining or production of Rough Gem Diamonds to fix prices or restrict supply. The Injunction also prohibits the Defendants from making certain open market purchases in the United States. You can see all of the Injunction requirements by clicking here

In exchange for the Defendants’ agreement to obey the Injunction and their payment of $295 million, all persons who do not exclude themselves from the Settlement Classes (see Question 6) will release the Defendants from any and all past, present and future claims that arise out of or are related to the claims in the Lawsuits. This means that if you stay in the Classes, you can never sue the Defendants again for these claims.

Attorneys’ fees, cost of administering the Settlement, and other costs will be paid out of the Settlement Funds. The remaining Settlement Funds will be distributed on a “pro rata” basis to eligible Class Members who submit valid and timely Claim Forms. Class Members who fail to complete and timely submit a valid Claim Form, in accordance with the instructions accompanying the form, will not be able to receive a distribution from the Settlement Funds, but will nonetheless be subject to and be bound by all the provisions in the release and the final judgment entered by the Court.

15. How will the $295 million Settlement money be allocated to Class Members?  (top)

The Settlement provides that $22.5 million will be paid to Direct Purchaser Class Members who submit valid claims, and $272.5 million will be paid to Indirect Purchaser Class Members who submit valid claims.

The Settlement also appoints retired U.S. District Court Judge Alfred E. Wolin to oversee the process of determining how to divide the $272.5 million Indirect Purchaser fund between members of the Consumer and Reseller Subclasses. Different lawyers represent the interests of the two Subclasses. These lawyers studied many documents and hired separate expert economists to study the diamond market and to help determine a fair allocation of the $272.5 million. The lawyers and the experts presented their findings to Special Master Wolin. Based on this information, the Special Master recommended the following allocation:

  • $135,432,500 for the Consumer Subclass

  • $137,067,500 for the Reseller Subclass

At the Fairness Hearing the Court will consider whether the allocation is fair and adequate.

How to Get a Settlement Payment

16. How do I get a payment from the Settlement? (top)

No matter what Class you are in, you must have completed and submitted the appropriate Claim Form by May 19, 2008, to receive a payment. There is no guarantee that claims filed after May 19, 2008 will be considered for payment.

16a. Can I file on behalf of a claimant who died prior to October 1, 2007?  (top)

Yes. Please provide copies of documents that indicate your authority to act on behalf of the deceased claimant with your claim submission. The deadline to file a claim was May 19, 2008.

16b. Do I include taxes paid as part of the purchase price?  (top)

Include only the cost of the diamond or diamond jewelry. Any other expenses, such as state or local taxes paid, shipping and handling, service agreements, or insurance contracts, should not be included in the cost of your diamond purchases.

16c. Should I hire someone to help me file a claim?  (top)

The claim form itself is meant to be easy and convenient for class members to file on their own. It is ultimately your responsibility to gather information of your purchases during the class period. Once you have done that, completing the claim form should be easy. Only you can determine whether hiring a claims processing agent to fill out the claim form with the information you have gathered is worth the fee that they will charge for that service.

16d. Earlier in the year (prior to December 2007) I received what I thought was a claim form from another company and have already filled out and returned that form to the other company. Was the form I filled out a valid claim form?  (top)

The only valid claim forms are those approved by the Court and available from the Court-appointed Diamonds Claims Administrator or by visiting this official case website. The Court-approved claim forms were not published until December 21, 2007. Any claim form received prior to that date was not an official claim form published by the Court-appointed Diamonds Claims Administrator.

17. What are the deadlines for me to submit a claim? (top)

The deadline to submit a claim form was May 19, 2008. Any claims submitted after this date to the Diamonds Claims Administrator may not be considered for payment.

18. Do I need to send in proof of my diamond purchases when I submit my claim?  (top)

You do not need to send in documents proving or describing your purchases unless you are claiming that you purchased a diamond or piece of diamond jewelry that cost more than $10,000, but you must keep all records of purchases. You could be asked to supply documents proving your purchases after your Claim Form is received and reviewed.

19. How much will my payment be?  (top)

It is not possible to tell how much, if any, each claimant will receive before the Claims Administrator finishes processing all claims submitted for that claimant’s class or subclass. If your claim is accepted, your payment amount will be based on several factors, including how much you paid, the quantity and quality of the diamonds you purchased, the amount of money that is available for your Class or Subclass, and how many Class Members file claims. Your Claim Form gives more information describing how your payment will be calculated. Additional details regarding how your payment will be calculated are found in Appendix B of the Long Form Notice.

19a. How will Indirect Reseller payments be distributed? (top)

The Settlement Administrator previously distributed to certain Authorized Reseller Claimants approximately 85 percent of their payments during an initial distribution, and the remaining amount they were entitled to is now being paid during a second distribution. Pursuant to the Court’s Order, Authorized Reseller Claimants who under this two-step distribution would receive less than $25 during the second distribution received 100 percent of their payments during the initial distribution. This will prevent distribution of de minimis amounts during the second distribution.

19b. How much will a Consumer payment be? (top)

When the Claims Administrator receives a Consumer claim, it will first calculate the “recognized claim amount” for your purchases by applying a recognized claim percentage to the price(s) you paid for your diamond jewelry or loose diamond. This is done so that the claims of all Consumer Subclass members will be based on the wholesale value of the polished diamonds in the jewelry, and not on the value of the setting (gold, platinum and/or other precious or semi-precious stones). A more complete description of this process can be found in Appendix B to the Class Notice.

Once all recognized claim amounts have been computed and verified, the distribution to all eligible claimants will be made pro rata. That means that each claimant’s payment will be calculated as a proportion of the total recognized claim amounts of all claims being paid. In the event that the total of the recognized claim amounts for all Consumer Subclass members is high, the actual payout of settlement proceeds to any eligible claimant will be less than the recognized claim amount of the claimant’s total purchases. No claimant will receive more than the total recognized claim amount for all the diamond jewelry or loose diamonds that he/she purchased.

There is also the possibility that the pro rata computation for some claims will result in payments of under $10.00, which are too small to process because of the administrative cost of distributing checks. Those claimants will not receive any payment.

19c. How will Direct Purchaser payments be distributed? (top)

The Claims Administrator first calculated the “recognized claim amount” as described in paragraph 10 of the Notice of Proposed Settlement.

Once all recognized claim amounts were computed and verified, the distributions to all eligble claimants were made on a pro rata basis and checks were mailed.

20. Will I have to pay taxes on my payment? (top)

You may receive an IRS form with your check. Whether any payment you receive is taxable depends on several factors. We cannot give you tax or legal advice on this matter. If you have tax questions, you should contact an accountant or other tax preparer.

21. What should I do if I move after I submit my Claim Form?  (top)

If you move after you submit your Claim Form, you should contact the Diamonds Claims Administrator and provide your new address. The Administrator can be reached by calling toll free 1–800–760–5431, or writing to: P.O. Box 9432, Minneapolis, Minnesota 55440–9432.

22. What if I received a check, but it was then lost or destroyed or expired?  (top)

A replacement check will be issued, but only if the Diamonds Claims Administrator receives a request from you. Your request should include your name, claim number, current address, and daytime telephone number. Please email Administrator@diamondsclassaction.com or mail your request to the following address: Diamonds Claims Administrator, P.O. Box 9432, Minneapolis, Minnesota 55440–9432. This information is needed to verify your identity and to determine whether a check should be reissued to you.

23. I received a check in the mail, but it was made out incorrectly. How can I get it reissued?  (top)

Please mail your request for a new check to the Diamonds Claims Administrator. Your letter must include your full name, claim number, current address, daytime telephone number, and a brief statement explaining the correct name for the check. You must also include the check that has the wrong name. If the requested revision differs from the information submitted on the Claim Form, you must also include documents that explain the name change. Mail your letter to: Diamonds Claims Administrator, P.O. Box 9432, Minneapolis, Minnesota 55440–9432.

24. I want to give the check back. Who should I send it to?  (top)

If you do not want the money, you do not have to return the check. If a check is not cashed or negotiated within 90 days, it will be void. However, if you chose not to opt out of the Class prior to the deadline, your refusal to accept the money does not change your status as a Settlement Class Member.

25. Am I giving anything up in return for my payment? (top)

Yes. Unless you exclude yourself from the Settlement (see Question 27 below), you will stay in the Class. By staying in the Class (whichever Class you belong to), you agree to “release” any claims you might have against all of the Defendants about the conduct alleged in the lawsuits. That means you cannot bring, or be part of, any other lawsuits against the Defendants that make the same claims settled here or new claims challenging the same conduct alleged in the Complaints. You can read the entire Release and Covenant Not to Sue in the Settlement Agreement by clicking here.

Please remember that if even if you do not submit a Claim Form, you are releasing your claims unless you exclude yourself.

Your Legal Rights and Choices

26. What are my legal rights and choices if I am a Class Member?  (top)

If you are a Class Member, you had several rights and choices. These rights and choices are summarized below.

  1. The deadline to submit a claim for was May 19, 2008. Your Claim Form must have been submitted online by May 19, 2008 or, if mailed to the Diamonds Claims Administrator, postmarked no later than May 19, 2008. There is no guarantee that a claim filed after the deadline will be considered for payment.
  2. The deadline to request exclusion has passed. Your request for exclusion must have been mailed to the Diamonds Claim Administrator and postmarked on or before March 4, 2008.
  3. The deadline to object to the Settlement has passed. Your statement in support of the Settlement or your objection must have been mailed to the Diamonds Claims Administrator and postmarked on or before March 4, 2008.
  4. The Fairness Hearing was held on April 14, 2008. The Fairness Hearing is where the Court considered whether to approve the Settlement.
  5. If you chose to do nothing, you will not receive any payment from the Settlement Fund and you will not be permitted to sue the Defendants for the Released Claims.

27. Can I exclude myself from the Class and the Settlement?  (top)

The deadline to request exclusion has passed. To be valid, your request for exclusion must have been postmarked on or before March 4, 2008.

28. If I am a member of more than one Class or Subclass and want to be excluded from the Settlement, do I have to separately exclude myself from each Class and Subclass?  (top)

The deadline to request exclusion has passed. To be valid, your request for exclusion must have been postmarked on or before March 4, 2008.

29. Can I tell the Court if I don’t like the Settlement?  (top)

The deadline to object to the Settlement has passed. Your objection must have been postmarked on or before March 4, 2008.

30. Can I object after the Fairness Hearing has occurred?  (top)

The Fairness Hearing was held on April 14, 2008. After the Fairness Hearing, objections will not be heard.

31. What is the difference between objecting and excluding myself? (top)

Objecting is simply telling the Court that you do not like something about the Settlement. The deadline to object to the Settlement has passed. Excluding yourself is telling the Court that you do not want to be part of the Class. The deadline to request exclusion has passed.

32. Can I attend or speak at the Court’s hearing on the Settlement?  (top)

The Fairness Hearing was held on April 14, 2008.

33. What happens if I do nothing at all?  (top)

If you do nothing, you will be a part of the Settlement Class. But remember, you can only receive a payment from the Settlement by submitting a Claim Form. The deadline to file a claim form was May 19, 2008. By staying in the Class, you will not be able to sue or be part of another lawsuit against the Defendants about the conduct alleged in these lawsuits. You can only keep these rights by excluding yourself. If you exclude yourself, you cannot receive a payment from the Settlement. The deadline to exclude from the Settlement has also passed.

Who Represents You

34. Do I have a lawyer in these lawsuits? (top)

Yes. The Court has appointed the following law firms to represent you and the other Class Members: Direct Class: Stamell & Schager; Meredith Cohen Greenfogel & Skirnick, PC; and Sommer Barnard Attorneys PC; Indirect Resellers: Berman DeValerio Pease Tabacco Burt & Pucillo; Glancy Binkow & Goldberg, LLP; and Law Offices of John Maher; Consumers: Cooper & Kirkham, PC; Korein Tillery, LLP; Lieff Cabraser Heimann & Bernstein, LLP; and Zelle Hofmann & Mason, LLP. Together, these lawyers are called Class Counsel.

35. How will Class Counsel be paid? (top)

You do not have to pay Class Counsel. They will ask the Court to approve the payment of their fees and reimburse their expenses in these lawsuits. Class Counsel will ask the Court for an award of attorneys’ fees in an amount no greater than 25% of the Settlement Fund. Class Counsel will also ask the court for a payment to each of the named plaintiffs based on their contributions to the litigation. The amounts that the Court approves will be paid out of the Settlement Fund.

36. Can I get my own lawyer?  (top)

Yes. If you want to be represented by your own lawyer, you may hire one at your own expense.

Getting More Information

37. Are more details about the lawsuit and Settlement available? (top)

Yes. More details are in the Complaints and other documents filed in the lawsuits. You can read all of these documents at the Office of the Clerk for the United States District Court for the District of New Jersey, Room 4015, Martin Luther King, Jr. Federal Building, 50 Walnut Street, Newark, New Jersey 07102. The Clerk’s Office is open during regular business hours.

The Settlement Agreement and other case documents are also available at the Other Settlement Documents link of this Web site.

If you have additional questions about the Settlement, you can contact the Diamonds Claims Administrator by calling toll free 1–800–760–5431 (hearing impaired call 1-866-494-8369), or writing to: Diamonds Claims Administrator, P.O. Box 9432, Minneapolis, Minnesota 55440–9432.

Please do not contact the Clerk’s Office or the Court. They will not be able to answer any questions you may have.