AgreementSETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release (AGREEMENT) is made as of Plaintiffs Carole Eustice and William Hansult on behalf of themselves and the CLASS (as
(collectively PLAINTIFFS).RECITALSPLAINTIFFS filed a lawsuit captioned Carole Eustice v.Network Associates, Inc.Amended Complaint
the operative Complaint
PLAINTIFFS allege that Versions 3 and/or 4 of NAIs McAfee VirusScan software (collectively VERSION 3 AND/OR VERSION 4 OF program (the ALLEGED California Business and ; breaching NAIs contracts with PLAINTIFFS and violating the Consumer Legal Remedies Act (Calif).
NAI denies these allegations and specifically denies that it made the Alleged o classes of plaintiffs:
(1) all consumers who licensed a copy of VERSION 3 AND/ORE MCAFEE VIRUSSCAN SOFTWARE; and (2) a subclass of consumers who licensed replacement virus protection no longer available for VERSION 3 AND/OR VERSION 4 OF THE MCAFEE VIRUSSCAN SOFTWARE.
PLAINTIFFS have claimed, and continue to claim, that the contentions made by them in the Litigation have merit.
Nothing in this AGREEMENT may be construed as, or may be used as, an admission by PLAINTIFFS that any of their claims is without merit.
NAI denies each and all of the claims and contentions alleged by PLAINTIFFS in the Litigation.
Nothing in this AGREEMENT may be construed as, or may be used as, an admission by NAI of any fault, wrongdoing or liability.
inter alia, examination and investigation of McAfee software of written discovery.
Counsel have investigated and evaluated the applicable law and facts regarding the claims presented in the Litigation and the potential defenses thereto.
PLAINTIFFS Reasons for Settlement rd, PLAINTIFFS recognize the h involves:
(1) limited damages per putative class member; (2) the difficulty in establVERSION 4 OF THE MCAFEE VIRUSSCAN SOFTWARE; (3) complex questions of consumer understanding of the meaning of thre programs.
PLAINTIFFS also have taken into account the uncertainty and the risk of the outcome of the Litigation and of succeeding on the merits of the various causes of action alleged in the Litigation.
PLAINTIFFS also have tablishing that there was an attempt by NAI to mislead consumers or make false claims about the features of the McAfee software, through PLAINTIFFS therefore deem it desiLitigation be settled upon the terms and conditions set forth herein.
that settlement is desirable.
NAI has also, while the number of consumers who can establish lawful ownership of the software and who might have understood the Alleged Representation in the manner PLAINTIFFS allege makes any award unlikely, there is always uncertainty as to the outcome of litigation.
NAI therefore deems it desirable and beneficial that the Litigation be settled upon the terms and conditions set forth herein.
AGREEMENTNOW THEREFORE, it is agreed by and between the undersigned that the Litigation be settled as among PLAINTIFFS (on behalf of themselves and the CLASS) and NAI, conditioned upon approval of the Court, on the following terms and As used herein, the term AGREEMENT shall refer to this document and all of the As used herein, the term ALLEGED REPRUpdate Immediately for Life, Lifetime Virus Updates and any other language referring to ON 3 AND/OR VERSION 4 OF THE MCAFEE VIRUSSCAN SOFTWARE.
As used herein, the term CLAIM shall refer to the alleged circumstances and events
to the claims asserted in the Litigation including alleged improper advertisements, statements, promises or representations made 3 AND/OR VERSION 4 OF THE MCAFEE VIRUSSCAN SOFTWARE, alleged breaches of contract, alleged violations of California Business and , alleged violations of the Consumer Legal Remedies Act ) and all events and matters that were alleged or could have been alleged in the Litigation against NAI.
As used herein, the term CLASS shall refer to all persons encompassed within the allegations in the Complaint including all U.OF THE MCAFEE VIRUSSCAN SOFTWARE.
CLASS COUNSEL/PLAINTIFFS COUNSEL As used herein, the terms CLASS COUNSEL or PLAINTIFFS COUNSEL shall ROBERT CHATENEVER WILLIAM JOHN WEILBACHER ATTORNEYS AT LAW TELEPHONE:
(805) 650-6640 CLASS MEMBER
As used herein, the term CLASS MEMBER shall refer to each member of the CLASS.
CLASS NOTICE As used herein, the term CLASS NOTICE shall refer to notice of the AGREEMENT provided to the CLASS, includiAs used herein, the term EFFECTIVE DATE shall mean the date when the SUPERIOR COURTs Judgment and Order of Dismissal (EAGREEMENT and the settlement contained hereCalifornia law, pursuant to the Caliin that the time for the filing of any appeal or request for appeAs used herein, the term E-MAIL NOTICE shall refer to an e-mail to be sent within 30 days of the PUBLICATION NOTICE to those CLASS MEMBERS (i) for whom NAI has an e-mail address, (ii) who have not told NAI to not send them e-mails and (iii) who have not placed themselves on the Direct Marketing Associations Do Not E-mail list.
Subject to these same conditions, NAI will also send the e-mail to persons who licensed McAfee VirusScan version 5.
The e-mail shall include information concerning the AGREEMENT and a link to the LANDING FIRST NOTICE As used herein, the term FIRST NOTICE shall refer to the first time notice of this AGREEMENT is provided to the CLASS.
Specifically, it shall be the earlier of the first PUBLICATION NOTICE or the E-MAIL NOTICE.As used herein, the term INTERNAL nd maintained by NAI.
The LANDING PAGE will display the CLASS NOTICE and provide information on how to obtain the Compensation to the CLASS (as defined in Section 7(a) below).
The address (url) of the listed in the PUBLICATION NOTE.
Further, on the McAfee place a link to the LANDING PAGE entitled: As used herein, the
McardexdYou are Your Legal Rights and Options Postmarked by File a written statement with the Court
about why you do not like the Settlement.pprove the Settlement.
Additional access will only be awarded after the Court finally approves the Settlement.
Please be patient.Questions?
Call 1-877-234-1403 BASIC INFORMATIONWhy did I get this notice? s records indicate that you are a Class Member affected by this lawsuit.
This notice explains the rights and options that you may exercise at this time.What is this lawsuit about? plaint was brought by five 24 Hour members:
Norman Adams, Richard Bernhardt, Gustavo Blakenburg, Trevor McCardle, and David Schnayer (the Named Plaintiffs).
The case name is McCardle, et al.
v.24 Hour Fitness USA, Inc., et al., Case No.
The Named Plaintiffs assert five causes of action:
(1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) violation of the Health Studio Services Act (Civil Code
1812.92); (4) violation of the Consumer Legal Remedies Act (Civil Code
1760 et seq.); and (5) violation of the Unfair Competition Law (Bus.& Prof.Code
The Named Plaintiffs allege in general terms that 24 Hour has denied them access to certain higher level 24 Hour clubs that they are entitled to use.
nies any liability for the claims asserted in the Complaint.
Nevertheless, 24 Hour has decided that further conduct of the lawsuit would be lengthy and expensive, and that it is desirable that the Class Members claims be fully and finally settled in the manner and upon the terms and conditions set forth in the Settlement.
The Court has not decided whether the 24 Hour members who brought this suit against 24 Hour are Who is included in the Class and who isAs part of the proposed Settlement, 24 Hour and the Named Plaintiffs have conditionally agreed to the certification by the Court of a class (the Class) composed of two Settlement subclasses Settlement Class Type I and Settlement Class Type II.
Both Settlement Classes include certain groups of current and former 24 Hour members.
24 Hours records indicate that you are a member of Settlement Class Type II, which is described here.
If you wish to view information regarding members of Settlement Class Type I, Class Type II includes:
(1) 24 Hour members who entered into a membership contract with Family Fitness Center (FFC) after January 15, 1983, and (2) 24 Hour members who entered into a membership contract between October 1996 and October 1999 using contract version 9.96 and who had an All Club (non-Premier) benefit and entered into contract version 9.96 at a Central or Southern California club.
Please visit the website at www
.mccardleclasSettlement Class Type II does not include (i) any 24 Hour member who entered into a membership contract that limits access to one club or to the members club of enrollment, (ii) any 24 Hour member who upgraded his or her membership contract, (iii) any 24 Hour member whose membership contract expired or was terminated before October 14, 2004, and (iv) any Settlement Class Type I members, as defined in the Stipulation and Settlement Agreement that can be viewed at the above website address.
The Settlement Classes include only members who entered into membership contracts with a club of enrollment in If you fall within the Class definition above, you are automatically a member of the Class unless you exclude yourself from the Class by following the procedure for exclusion described below.
THE SETTLEMENT BENEFITS WHAT YOU GET What will I get from the Settlement? ourt approval, the Named Plaintiffs, acting on your behalf, and 24 Hour, have agreed upon a proposed Settlement to resolve this lawsuit without a trial.
The full and complete Stipulation and Settlement Agreement is available for your review at the website 1-877-234-1403 If you are a Settlement Class Type II member and you have All Club Active level access, you will receive an offer to upgrade to All Club Sport level access for future upgrade dues of an additional $5 per month and no initiation fees, or to All Club Ultra Sport level access for future upgrade dues of an additional $10 per month and no initiation fees.
If you are a former member, you will receive an offer to rejoin 24 Hour as an upgraded member at the total dues rate you paid at the time your membership expired or was terminated, plus upgrade dues of an additional $5 per month and no initiation fees for All Club Sport level access, or plus upgrade dues of an additional $10 per month and no initiation fees for All Club Ultra Sport level access.
If you submit a claim form, do not opt out of the Settlement, and the Settlement is approved by the Court and becomes final, you will be able to receive the above-described offers.
Approval of the Settlement will not occur right away and the approval process will take time.
Please be patient.
You can check the website at
to see when and if the Settlement has become final.
What will others get from the Settlement? embers like you who fall within Settlement Class Type II will get the same thing you do.
Members who joined at different times or those who joined on different contracts may receive different benefits.
You can view the Settlement benefits for other types of Class Members at www.mccardleclassaction.com.How can I get benefits from the Settlement? Settlement Class Type II member, to take advantage of the Settlement benefits described you must fully complete, execute and mail Claim Form B according to the instructions on the form on or before February 25, 2010.
If you do so, 24 Hour will mail you an offer to upgrade or rejoin 24 Hour as an upgraded member in acco
Article23 medi calsupportenforcementA7TORNEY 3.TIME mts, sow, s~m DATE: ARTlCLE 23, TC-1 25 i998 MEDI-CAL ELlGlBlLlN PROCEDURES MANUAL 23G - INSURANCE ASSIGNMENTS, MEDI-CAL COPAYMENTS 1.HEALTH INSURANCE COST-SHARING 2.
LIABILITY FOR INSURANCE ACTlON 1.NOTICES OF ACTION OBTAINED THROUGH MEDICAL SUPPORT FSD/DA HEALTH INSURANCE COVERAGE c.VERIFYING AND ENFORCING NOTlNlNG CUSTODIAL PARENTS TRANSMllTAL LETER 2.COUNTY WELFARE DEPARTMENT ACTION 3.LAPSES IN HEALTH COVERAGE a.NOTIFICATION b.ENFORCEMENT 4.
UTILIZATION OF HEALTH COVERAGE a.Post Payment RecoverylPay and Chase b.
Cost Avoidance 5.DISTRICT ATTORN- HEALTH INSURANCE INCENTIVE MEDICAL SUPPORT 2.1Q - CHILD SUPPORT QUESTIONNAIRE 4.CA 51 - CHILD SUPPORT - GOOD CAUSE CLAIM SUPPORT ENFORCEMENT NOTICE 50765,50050,50101,50185,50351 MANUAL L~ER NO.: 2 2 SECTI~N: ian.5.5~n.~75, som, 50379 DATE: ARTICLE 23, TG2 MEDI-CAL ELIGIBILITY CA 371 - REFERRAL TO DISTRICT AlTORNEY 7.DHS 61 10 INSURANCE FORM YOU AND YOUR 11.CS 910 - DECLARATION OF PATERNIIY MEDICAL SUPPORT ENFORCEMENT PROCESS CHARTS ABSENT PARENT DHS PROCESSING ACTION 2.SPEED LETTERS SUPPORT COLLECTIONS 1.CHECKS - 50765,50050,50101,50185,50351 MANUAL LETTER NO.: SECTION: 507?1.5,5(HS?, sorts, so2n, 50379 DATE: '20 2 ARTICLE 23, TC3 W6 28 I398 MEDI-CAL ELIGIBILITY PROCEDURES MANUAL 235.
CQNDmON OF ELIGIBILITY MEDI-CAL ONLY The county inform an applicant for $Zmeficiary Assign to born information about possible entitlement through any the name of alleged or parent, along other information, names and relatives or at interviews, the applicant or recipient adequate notice the interview have good not to issue, submitting genetic tests, including tests of child, Providing any additional information reasonabty the applicant or recipient paternity or establish, modify, support order.or applicant shall sign a voluntary declaration as a condition ineligible for Medial because of the above, this will not affect the child(ren)'s Medi-Cal eligibilrty.applicant can withdraw the claim good cause (Section 23E), close the case, become an ineligible member Medi-Cal Family Budget Unit (MFBU), but the child(ren) discontinued from applicanffcaretaker relative.If applicant/ refer the DivisionIDistrict Attorney (FSDIDA) provided.
Section set out specific guidelines 50165,50050,501Ol, 50185,50351 SECTION NO.: 50771.5, mn, b(~?5,50227,50379 MANUAL LmR NO.:2 0 0 DAE 1, 890 23B-1 with mutual child for Medi-Cal exclude the with absent medical support child.She child.Then, she does cooperate, children and husband may be The county welfare for determining the identity medical support health coverage patemrty establishment, the county may be guided by Sections 50167 and 50169(a) the Medi-Cal Eligibility Procedures Manual.As stated in Article 4W, listed below used as Medi-Cai without a Caliirnia License or California lidentification Card (ID) issued from the Department I that has a picture of the person Alien Status Documents (passport) 5 -7001 identification card i .?h Certificate A Social Security card or document containing a Social Security number Votefs Divorce Decree Military Adoption Record Church Membership Insurance Policy Utility Bills other documents providing idenwing data such as physical description, photographs NOTE: Not listed above, but which may be needed to prove that though there is an absent parent situation, no referral is necessary, are a death certiftcate document which institutionalized.50765,50050,50101,50185.50351 SECTION NO.: mis.soin, 50175, 50~7, smn MANUAL LETIER NO.: 2 0 0 DAX 17 ES MEDI-CAL ELIGIBILITY PROCEDURES MANUAL 691 = Health and weifare program other Medi-CaUCMSP Eligible Reported Timely.692 = Health and welfare program than Medi-CaVCMSP counties to CaMlORKs case while the POSIMOPI health care eligibility message will say 'NO RECORDED ELIGIBILITY FOR (MONTHNEAR)." The anticipated implementation date for this MEDS change is Fall of 1999.
(REMINDER: When 25 percent penalty restriktion is removed, MediCal counties should "000" or UOO1" in the restriction code to remove the noncooperation restriction.
I 5.DEPARTMENT OF SOCIAL SERVICES (DSSI'CHILD SUPPORT PROCEDURES 12-100 through 12-908 Family Support Division (FSD) Letter No.
94-03, February 19,1994 Ti IV-D Child and Spousal Support Program Procedure Manual.
MEDI-CAL ELIGIBILITY form is not mandatory for Medical signed, the will referred to Dion/District Attorney (FSDDA) for paternity establishment.Medil eligibility should not be denied or delayed ifthe voluntary declaration is not signed at this time.However, cooperation with and information regarding the children's father must be provided for Medial eiiibifi approval.
If volunteer, or form be taken home retum and sign the form in the presence of a county staff person.
If there are any legal questions which are not answered in the brochure or information sheet, then refer the case to the FSD/DA.If the appiicantlbenefiaary copy of executed Declaration.if they cannot provide a copy, refer to FSD/DA.50765,50050,50101,50185,50351 SECTION NO.: so77i.s.sin, si75, som, 50379 MANUAL LETTER NO.: DATE: 2363 MEDI-CAL ELIGIBILITY PFITrlON The county applicant beneficiary placed following aid codes that the Caliomia Child Support Enforcement (IV-D) Agencies must by law, petition to the court to include health insurance coverage in support orders when a child receives Medi-Cal.
Referral in aid codes cited below will be for children an absent a child is born out of wedlock.NO UNDOCUMENTED CHILD IN A MINOR CONSENT CASE OR IN HEALTHY FAMILIES PROGRAM WILL BE REFERRED.Also, referrals for infants will be made affer the 6Way postpartum period.
In consent case, child must be in a regular code before referral can be made.(For explanation parent situations, Article I-B.) filing for retroactive-Medi-Ca only-, no referral will absent parent referral will be made, but obtain necessary verification and refer upon absent parent's rele