The State of California v. eBay Inc. Settlement Website
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Frequently Asked Questions


  1. What is this lawsuit about?
  2. Why is this a parens patriae lawsuit?
  3. Why is there a settlement?
  4. How do I know if I am part of the settlement?
  5. If I was employed by eBay or Intuit during the relevant period, but did not apply for a new position, am I included?
  6. What benefits are available?
  7. What happens to any unclaimed funds?
  8. How can I get a payment?
  9. When would I get my payment?
  10. What am I giving up to get a payment or stay in the settlement?
  11. How do I get out of the settlement?
  12. If I do not exclude myself, can I sue eBay for the same thing later?
  13. If I exclude myself, can I get money from this settlement?
  14. Who are the lawyers in this case?
  15. How will the lawyers be paid?
  16. How do I tell the Court that I do not like the settlement?
  17. What is the difference between objecting and excluding?
  18. When and where will the Court decide whether to approve the settlement?
  19. Do I have to come to the hearing?
  20. May I speak at the hearing?
  21. What happens if I do nothing at all?
  22. Are there more details about the settlement?
  23. How do I get more information?

 



  1. What is this lawsuit about?

    The State of California alleges that eBay participated in certain recruiting and hiring practices in violation of Section One of the Sherman Act, the Cartwright Act, and California’s Unfair Competition Law, and that these alleged violations harmed persons who are residing in or have resided in California since January 1, 2005. eBay’s agreement to the terms of this settlement do not constitute any admission that the law has been violated.

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  2. Why is this a parens patriae lawsuit?

    In a parens patriae lawsuit, the attorney general of a state litigates on behalf of the state’s residents for violations of certain laws. The Attorney General is vested with this authority to safeguard the general and economic welfare of the state’s residents and to assure that the benefits of these laws are not denied to the general population. In this lawsuit, the Attorney General of California represents all natural persons residing in the State of California. One court resolves the issues for all involved, except for those who exclude themselves from the matter. U.S. District Judge Edward J. Davila is in charge of this parens patriae lawsuit.

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  3. Why is there a settlement?

    The Court did not decide in favor of the State or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The State, represented by the Attorney General for the State of California, and the Defendant think the settlement is best for everyone who was injured.

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  4. How do I know if I am part of the settlement?

    If you are a natural person who resides or has resided in California between January 1, 2005 and May 1, 2014, your rights are affected by this settlement; if you worked for eBay or Intuit during that period, you may be eligible for monetary benefits.

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  5. If I was employed by eBay or Intuit during the relevant period, but did not apply for a new position, am I included?

    Yes. Whether you have applied for a new position may impact your level of benefit.

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  6. What benefits are available?

    The parties have agreed to three recovery groups, called Claimant Pools.

     

    Claimant Pool I: If you were employed by Intuit and were considered for, but not offered, a position at eBay during the Settlement Period, and have been identified as a member of Claimant Pool I, you will receive between $5,000 and $10,000, a prorated distribution from a pool of $200,000. There are approximately 40 persons in Claimant Pool I.

     

    Claimant Pool II: If you were employed by Intuit and applied for, but was not offered, a position at eBay during the Settlement Period, and are not a member of Claimant Pool I, you will receive between $1,000 and $1,500, a prorated distribution from a pool of $950,000. There are approximately 950 persons in Claimant Pool II.

     

    Claimant Pool III: If you were employed by eBay or Intuit during the Settlement period and are not a member of Claimant Pool I or Claimant Pool II, and your employment can be reasonably confirmed, you will receive between $100 and $150, a prorated distribution from a pool of $1,225,000.

     

    Restitution for Harm to the California Economy: This settlement agreement provides for three hundred thousand dollars ($300,000) for harm to the California economy, including deadweight loss, resulting from the conduct alleged in the Complaint. This sum shall be recovered from the Settlement Fund for deposit into a state antitrust or consumer protection account.

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  7. What happens to any unclaimed funds?

    Any amount remaining in the Settlement Fund after valid claims are redeemed and civil penalties, attorneys fees and costs, and settlement administration costs are paid will be distributed by the State for cy pres purposes to one or more charitable organizations, pursuant to California Business and Professions Code Section 16760(e)(1), whose purpose relates to employment in the technology industry in California. As a condition to receiving any payment under this section, each cy pres recipient must agree to devote the funds to promote public awareness and education, and/or to support research, development, and initiatives, related to employment in the high-tech industry.

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  8. How can I get a payment?

    To qualify for payment, you must submit a claim. You can submit a claim online or download a claim form at agtechemploymentsettlement.com. You may also request a claim form by contacting the Settlement Administrator at: 1-877-295-8830 or eBay Parens Patriae Settlement, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060. Read the instructions carefully, fill out the form, sign, and mail the claim in its entirety postmarked no later than February 25, 2015, or submit electronically no later than February 25, 2015.

     

    Parens Patriae Settlement, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060. Read the instructions carefully, fill out the form, sign, and mail the claim in its entirety postmarked no later than February 25, 2015, or submit electronically no later than February 25, 2015.

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  9. When would I get my payment?

    The Court will hold a hearing on June 25, 2015 to decide whether to approve the settlement. If Judge Davila approves the settlement there may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year.

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  10. What am I giving up to get a payment or stay in the settlement?

    Unless you exclude yourself, you are remaining in the settlement. All of the Court’s orders will apply to you and bind you to the Court’s decision.

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  11. How do I get out of the settlement?

    To exclude yourself from the settlement, you must respond with the exclusion form available on the settlement website or by letter saying that you want to be excluded from The State of California v. eBay Inc. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request postmarked no later than February 25, 2015 to:

     

    eBay Parens Patriae Exclusions

    c/o Gilardi & Co. LLC

    P.O. Box 8090

    San Rafael, CA 94912-8090

    agtechemploymentsettlement.com

     

    You cannot exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any settlement benefit, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit.

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  12. If I do not exclude myself, can I sue eBay for the same thing later?

    If you do not exclude yourself now, you may give up the right to sue eBay later for any claims this settlement resolves. If you have a pending lawsuit or are considering one, speak to your lawyer immediately.

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  13. If I exclude myself, can I get money from this settlement?

    No. If you exclude yourself, you are choosing not to be a part of this lawsuit and will not receive benefits from this settlement. However, you may sue, continue to sue, or be part of a different lawsuit against eBay.

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  14. Who are the lawyers in this case?

    Plaintiffs are represented by Kamala D. Harris, Attorney General of California. The Attorney General has brought this action on behalf of the State of California and as parens patriae on behalf of natural persons who are residing in or have resided in California since January 1, 2005 (collectively, the “State”).

     

    For purposes of this Settlement Agreement, any notice or other communication must be given to the persons at the addresses set forth below:

     


    For the State

    Nicole S. Gordon

    Deputy Attorney General

    Antitrust Section, Public Rights Division

    Office of the Attorney General of California

    455 Golden Gate Avenue, Suite 11000

    San Francisco, CA 94102

     

    You will not be charged for this lawyer. If you want to be represented by your own lawyer, you may hire one at your own expense. Addresses for Defendant eBay’s Counsel and the Court are as follows:

     

    For eBay

    Thomas P. Brown

    Paul Hastings LLP

    55 Second Street

    Twenty-Fourth Floor

    San Francisco, CA 94105

     

    Clerk of the Court

    Office of the Clerk

    United States District Court

    450 Golden Gate Avenue

    San Francisco, CA 94102-3489

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  15. How will the lawyers be paid?

    The State will be paid $675,000 in attorneys’ fees and costs to be recovered from the Settlement Fund.

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  16. How do I tell the Court that I do not like the settlement?

    If you are affected by the settlement, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying you object to the proposed settlement in The State of California v. eBay Inc. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. Mail the objection, postmarked no later than February 25, 2015, to the State, Defendant’s Counsel, and the Clerk of the Court at the addresses listed in Section 15 and to the Claims Administrator at:

     

    eBay Parens Patriae Objections

    c/o Gilardi & Co. LLC

    P.O. Box 8090

    San Rafael, CA 94912-8090

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  17. What is the difference between objecting and excluding?

    Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the settlement. By excluding yourself, you are telling the Court that you do not want to be a part of the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

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  18. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Fairness Hearing at 9:00 a.m., on June 25, 2015 at the United States District Court for the Northern District of California, Courtroom 4, 5th Floor, 280 South 1st Street, San Jose, CA 95113. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Davila will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

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  19. Do I have to come to the hearing?

    No. But, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary to do so.

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  20. May I speak at the hearing?

    You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter stating in large bold letters at the top of the page that it is your “Notice of Intent to Appear in The State of California v. eBay Inc.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intent to Appear must be postmarked no later than February 25, 2015, and be sent to the Clerk of the Court, the Attorney General of California, and Defense Counsel, at the three addresses in Section 15. You cannot speak at the hearing if you excluded yourself.

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  21. What happens if I do nothing at all?

    If you do nothing, you will receive no benefit from the settlement. Unless you exclude yourself, you may not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against eBay about the legal issues in this case ever again.

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  22. Are there more details about the settlement?

    This notice summarizes the proposed settlement. The Settlement Agreement and all court documents related to this matter are available on the settlement website at agtechemploymentsettlement.com. Please do not contact the Court with questions regarding this matter.

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  23. How do I get more information?

    You can call 1-877-295-8830 toll free, write to eBay Parens Patriae Settlement, c/o Gilardi & Co. LLC, P.O. Box 8060, San Rafael, CA 94912-8060, or visit the website agtechemploymentsettlement.com where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine your eligibility and options.

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