Damn Wednesday's....

I walk into work yesterday morning, happy to greet the day, knowing my desk was clean and I had worked my ass off on Tuesday... and I walk into a spat between Cranky Greek Man and my other boss. I felt like a kid coming home after school to find her parents fighting. His mood didn't improve much, and we both nearly walked to show him just where he could stick his happy little business. But we thought better of it since he was going to be out of town on Thursday and Friday. It's been rather nice.

Bought a CD in the last 10 years?

I overheard something on the radio yesterday regarding a Class Action lawsuit against the distributors of CD's from the years 1995-2000. Apparently, this classaction lawsuit claims that the distributors used unfair business practices to increase the cost of CD's sold in the United States, and thereby defrauding the American public. There will be a fixed amount of funds set aside to distribute to all claimants, and you would think there isn't enough to go around. The trick is that not everyone is going to file a claim. "The number of claims filed will determine the actual amount of the individual refund but will not exceed $20.00 per claimant. If the number of claims filed would result in refunds of less than $5.00 per claimant, there will be no cash distribution to individual consumers. Rather, the cash portion of the Settlement shall be distributed to not-for-profit, charitable, governmental or public entities to be used for music-related purposes or programs for the benefit of consumers who purchased Music Products."

This sound too good to be true? It's not. I just settled with the Johnson & Johnson company for $35 for the overpricing of contacts I bought in 1997. I just happen to keep all of my prescriptions in my medical file and I was contacted by attorneys in Tennesee who were suing J&J for fraudulent advertising/inflating of Acuvue contacts. I sent in a claim form, a copy of my prescription, and they asked me if I wanted cash or coupons. Last week, I cashed a settlement check for $35.

This seems to be a new wave of litigation: the MASS ASSAULT. I kinda like it, it's as if the little guy has attorneys watching out for the everyday issues in the consumer market.

So, if you would like to be included in a reimbursement distribution, you can register at www.musiccdsettlement.com.

If you're curious, the CD lawsuit reads as follows (take a breath...):

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE :
IN RE: COMPACT DISC :
MDL Docket No. 1361
MINIMUM ADVERTISED PRICE :
Judge D. Brock Hornby
ANTITRUST LITIGATION :
: This Document Applies to All Actions
Except Docket No. 2:01-CV-125-P-H
(Trowbridge, et al., v. Sony Music
Entertainment, Inc., et al.)

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF PARENS PATRIAE CONSUMER AND CLASS ACTION LAWSUITS

TO: All persons and other entities in the United States and its Territories, who during the period of January 1, 1995, through December 22, 2000, purchased prerecorded music compact discs (“CDs”), cassettes and vinyl albums from retailers.

PLEASE READ THIS ENTIRE NOTICE CAREFULLY.
IT MAY AFFECT YOUR LEGAL RIGHTS.

Pursuant to an Order of the Honorable D. Brock Hornby of the District of Maine (the “Court”), and in accordance with Rule 23 of the Federal Rules of Civil Procedure, you are hereby notified:

Of the preliminary approval of a proposed Settlement of this Litigation between the Plaintiffs, consisting of certain States, Commonwealths and Territories of the United States on behalf of themselves and as parens patriae on behalf of natural persons residing therein and the Plaintiff Settlement Class, and the Defendants, certain distributors and retailers of prerecorded Music Products (consisting of CDs, cassettes and vinyl albums) (“Music Products”), under which the Settling Defendants have agreed to pay in settlement of all claims between the parties, Cash and Non-Cash Consideration, in the total amount of $143,075,000 ($67,375,000 Cash and $75,700,000 Non-Cash Consideration).

Of the certification of a Plaintiff Settlement Class which is comprised of all natural persons in the States of Colorado, Georgia, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, South Dakota, the District of Columbia, the U.S. Territories of Guam and American Samoa, and all non-natural persons or entities in the United States and its Territories who purchased Music Products from one or more retailers during the period of January 1, 1995 through December 22, 2000.

Of your right to share in the proceeds of the proposed Settlement if it is approved, and your right to object to the terms of the Settlement.

Of your right to request exclusion from the Settlement.

That the Court will hold a hearing (“Fairness Hearing”) on May 22, 2003 at 10:00 a.m., in Courtroom 2, United States Courthouse, 156 Federal Street, Portland, Maine 04101, to consider the fairness, reasonableness and adequacy of the proposed Settlement and other matters. If you are a resident of one of the Plaintiff States or a member of the Plaintiff Settlement Class and would like to share in the distribution of the cash portion of the proposed Settlement (assuming certain conditions set forth below are met) you must submit a timely and valid Proof of Claim as set forth below. If you do not request exclusion from the proposed Settlement and you serve the Court and Counsel with timely notice, as provided on page 11 below, you have the right to appear at the Fairness Hearing and comment on whether the proposed Settlement and other matters being considered should be finally approved by the Court.

BACKGROUND OF THE LITIGATION

The Plaintiffs are comprised of two groups: the Plaintiff States, Commonwealths and Territories of the United States (the “Plaintiff States”) in their sovereign capacities on behalf of themselves and as parens patriae on behalf of all natural persons residing therein who purchased Music Products from one or more retailers during the period of January 1, 1995 through December 22, 2000 and the Plaintiff Settlement Class. The Plaintiff States are Alabama, Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming. The Plaintiff Settlement Class includes all natural persons in the States of Colorado, Georgia, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, South Dakota, the District of Columbia, the U.S. Territories of Guam and American Samoa, and all non-natural persons or entities in the United States and its Territories who purchased Music Products from one or more retailers during the period of January 1, 1995 through December 22, 2000. Excluded from the two groups comprising the Plaintiffs are the Defendants’ subsidiaries, affiliates, officers, directors, and employees, persons who purchased Music Products through Music Clubs, as well as those persons who after notice of the Settlement timely and validly request exclusion from participation in the Settlement.

The Plaintiff States are represented by their respective State Attorneys General. Lead Counsel for the Plaintiff States are the Attorney General of Florida, and the Attorney General of New York, the Honorable Eliot Spitzer. Lead Counsel for the Plaintiff Settlement Class are Joseph C. Kohn and Steven M. Steingard of Kohn, Swift & Graf, P.C.

The Defendants in this matter are certain distributors of Music Products, Capitol Records, Inc. d/b/a EMI Music Distribution, Virgin Records America, Inc., and Priority Records LLC (collectively, “EMD”); Time Warner, Inc., Warner-Elektra-Atlantic Corp., WEA, Inc., Warner Music Group, Inc., Warner Bros. Records, Inc., Atlantic Recording Corporation, Elektra Entertainment Group, Inc., and Rhino Entertainment Company (collectively “WEA”); Universal Music & Video Distribution Corporation, Universal Music Group, Inc., and UMG Recordings, Inc. (collectively “Universal”); Bertelsmann Music Group, Inc. and BMG Music (collectively “BMG”); and Sony Music Entertainment Inc. (“Sony”) (collectively referred to hereafter as “Distributor Defendants”) and certain retailers of Music Products, MTS, Inc. d/b/a Tower Records (“Tower”), Musicland Stores Corp. (“Musicland”) and Trans World Entertainment Corp. (“Trans World”) (collectively referred to hereafter as “Retailer Defendants”).

Beginning in May 2000, numerous class action complaints were filed in federal court against the Defendants by purchasers of Music Products. In August 2000 a complaint was filed against the Defendants by certain of the Plaintiff States that was ultimately joined by other states, commonwealths and territories of the United States all of whom now comprise the Plaintiff States. All of these actions were consolidated by the Judicial Panel on Multidistrict Litigation in October 2000, before the Honorable D. Brock Hornby of the United States District Court for the District of Maine.

The Plaintiffs have alleged in two separate amended complaints that the Defendants conspired to illegally fix and control the pricing of Music Products sold to consumers through Defendant Distributors’ adoption and utilization of Minimum Advertised Price (MAP) programs in violation of the Sherman Act, state antitrust and unfair competition and/or consumer protection laws. The Plaintiffs have further alleged that as a result of the conspiracy residents of the Plaintiff States and members of the Plaintiff Settlement Class have been injured by paying more for Music Products than they would have paid in the absence of the illegal conduct. The Defendants have denied and continue to deny each and all of the claims and contentions alleged by the Plaintiffs and any violation of law. The Court has not made any determination as to the merits of any of the claims or defenses of the parties to this Litigation.

The proposed Settlement pertains to all cases which have been consolidated as the Compact Disc Minimum Advertised Price Antitrust Litigation, MDL Docket No. 1361, except Trowbridge et al. v. Sony Music Entertainment Inc., et al., (Docket No. 2:01-CV-125-P-H).

DEFINITION OF THE SETTLEMENT CLASS

The Court has conditionally certified the Plaintiff Settlement Class defined as follows:

all natural persons in the states of Colorado, Georgia, Kentucky, Louisiana, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, South Dakota, the District of Columbia, the U.S. Territories of Guam and American Samoa, and all non-natural persons or entities in the United States and its Territories who purchased prerecorded Music Products (consisting of CDs, cassettes and vinyl albums) from one or more Retailers during the period of January 1, 1995 through December 22, 2000.


THE PROPOSED SETTLEMENT AGREEMENTS

The proposed Settlement reached by the parties to the Litigation settles and resolves the Litigation against the Defendants in its entirety and was granted preliminary approval by the Court on October 21, 2002.

Cash and Non-Cash Consideration

Under the terms of the Settlement Agreement with Distributor Defendants, they will pay Plaintiffs a combination of Cash and Non-Cash Consideration. The Cash payments total $64,300,000 and the Non-Cash Consideration totals $75,700,000. The Cash payments will be deposited into the Settlement Fund. The Non-Cash Consideration, consisting of approximately 5.5 million music CDs of a broad selection of genres, will be the subject of a cy pres Distribution discussed below. The Settlement Agreement provides that the Distributor Defendants individually pay the following amounts:

(1) EMD shall pay $6,500,000 in Cash and $8,500,000 in Non-Cash Consideration;
(2) WEA shall pay $13,650,000 in Cash and $15,750,000 in Non-Cash Consideration;
(3) Universal shall pay $18,850,000 in Cash and $21,750,000 in Non-Cash Consideration;
(4) Sony shall pay $12,523,500 in Cash and $14,701,500 in Non-Cash Consideration; and
(5) BMG shall pay $12,776,500 in Cash and $14,998,500 in Non-Cash Consideration.

As provided in the Settlement Agreements entered into with the Retailer Defendants, each has agreed to pay Plaintiffs the following in Cash Consideration to be deposited into the Settlement Fund:

(1) Trans World shall pay $800,000.
(2) Musicland shall pay $2,000,000.
(3) Tower shall pay $275,000 in twelve consecutive monthly installments unless Tower should merge with, consolidate with, or be acquired by another corporation or individual, or if Tower should sell or transfer a Controlling Percentage of its capital stock to another corporation or individual, or if Tower should sell at least 70% of the fair market value of its United States assets to another corporation or individual, in which case Tower shall pay $325,000, less any cash installment payments previously made to Plaintiffs.

The Non-Cash Consideration will consist of prerecorded music CDs. For purposes of determining the amount of Non-Cash Consideration, such Consideration shall be valued at twenty percent (20%) less than manufacturers’ suggested retail price as of the date such Non-Cash Consideration was selected by Lead Counsel for the Plaintiffs for inclusion among the selections available for distribution.

Injunctive Relief

The Settlement Agreements with the Distributor Defendants and the Retailer Defendants each provide for injunctive relief. The Plaintiffs and Distributor Defendants have agreed to the entry of a permanent injunction, which would prohibit the Distributor Defendants for a period ending August 30, 2007 from adopting, maintaining, enforcing or threatening to enforce any policy, practice or plan which makes receipt of any cooperative advertising or other promotional funds contingent on the price or price level at which any product is advertised or promoted. Distributor Defendants would also be prohibited from agreeing with any dealers to control or maintain the resale price at which the Dealer may offer for sale or sell such Distributor Defendant’s Product. Additionally, Distributor Defendants could not for a period ending August 30, 2005, announce resale or minimum advertised prices of product and unilaterally terminate those who fail to comply because of such failure. Distributor Defendants may however, announce suggested retail prices for their Product.

The Settlement Agreements entered into by Plaintiffs and each of the Retailer Defendants, also contain injunctive provisions. These injunctions would prohibit the Retailer Defendants for a period of five years from soliciting, demanding, requesting, advocating or encouraging any distributor or wholesaler of music product to adopt or implement any policy, practice or plan which makes receipt of any cooperative advertising or other promotional funds contingent upon the price or price level at which any music product is advertised, promoted, offered or sold.

Release of Claims

The Settlement Agreements provide that once the Court enters an order finding the proposed settlement fair, adequate and reasonable and all appeals have been resolved or all appeal periods have expired, those Plaintiffs who have not timely requested exclusion from this Litigation shall be deemed to have and by operation of the Judgment shall have fully, finally and forever released, relinquished and discharged all Released Claims as set forth below.

The Released Claims are all claims, demands, rights, liabilities, and causes of action, whether known or unknown, asserted or that could have been asserted against any or all Defendants or any of their related parties in connection with the facts, transactions, events, occurrences, acts, disclosures, statements, omissions, or failures to act alleged in the Litigation, whether under federal law or under the laws of any of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Northern Mariana Islands, including without limitation claims arising under the federal and/or state antitrust laws, as well as claims arising under any state or federal unfair acts, practices or competition laws or other laws or the common law. Released Claims include without limitation any claim arising out of or relating to any minimum advertised price (“MAP”) policy related to Music Products or to any conspiracy, whether horizontal or vertical, involving MAP related to Music Products and any effect of MAP on purchases of Music Products from retailers, or any other claim related to MAP policies relating to Music Products, except that the Released Claims do not include claims arising out of or relating to direct purchases from Music Clubs, as that term is addressed in Trowbridge, et al. v. Sony Music Entertainment Inc., et al. (Docket No. 2:01-CV-125-P-H).

The foregoing description is only a summary of the proposed Settlement. The full terms and conditions are set forth in the Settlement Agreements, which along with the complaints and other documents pertaining to the Litigation may be inspected during regular business hours at the Office of the Clerk, United States Courthouse, 156 Federal Street, Portland, Maine 04101 or on the Web site www.MusicCDSettlement.com. Additional copies of this Notice and the claim form may be obtained on the Web site, by calling 1-877-347-4782 (hearing impaired should use TDD/TTY, 1-888-314-5051) or writing to Compact Disc MAP Antitrust Litigation Administrator, P.O. Box 1643, Faribault, MN 55021-1643.

DISTRIBUTION OF SETTLEMENT PROCEEDS

The Plaintiffs have submitted to the Court a proposed plan of distribution which provides as follows. The Settlement Agreements between Plaintiffs and Defendants provide for the distribution of that portion of the Settlement Fund remaining after payment of notice and administrative costs1 and fees and costs associated with litigation and settlement pursuant to a claims process whereby, to the extent feasible, all such funds shall be distributed directly to persons who purchased Music Products between January 1, 1995 and December 22, 2000. However, the funds remaining in the Settlement Fund after the payment of the costs and fees set forth above shall be subject to a cy pres distribution pursuant to the Cy Pres Distribution Plan discussed below if the number of persons filing valid and timely claims for payment would result in such persons receiving a payment of less than $5.00 per claimant. Persons filing valid and timely claims for payment shall not receive a payment per claimant greater than $20.00. Any funds remaining in the Settlement Fund after the payment of the costs and fees set forth above, and after all direct payments to Music Products purchasers, shall be subject to cy pres distribution. Claims for a share of the Settlement Fund may be submitted through the use of the attached Claim Form or by visiting the Compact Disc Minimum Advertised Price Antitrust Litigation Web site at www.MusicCDSettlement.com ALL CLAIMS MUST BE SUBMITTED NO LATER THAN MARCH 3, 2003. YOU MAY ONLY CHOOSE ONE METHOD TO FILE YOUR CLAIM. IF YOU CHOOSE TO USE THE CLAIM FORM TO SUBMIT YOUR CLAIM, YOU MUST COMPLY WITH THE INSTRUCTIONS IN THE CLAIM FORM IF YOU WISH TO HAVE YOUR CLAIM CONSIDERED FOR PARTICIPATION IN THE SETTLEMENT FUND. IF YOU CHOOSE TO FILE YOUR CLAIM USING THE WEB SITE YOU MUST COMPLY WITH THE INSTRUCTIONS ON THE WEB SITE IF YOU WISH TO HAVE YOUR CLAIM CONSIDERED FOR PARTICIPATION IN THE SETTLEMENT FUND.

Plaintiffs and Distributor Defendants have agreed on the prerecorded music CDs to be provided to Plaintiffs by Distributor Defendants. Per the terms of the Settlement Agreement between Plaintiffs and Distributor Defendants, these CDs are to be distributed by the Plaintiffs pursuant to the Cy Pres Distribution Plan (to be submitted to the Court with the Motion for Final Approval of the Settlements) to not-for-profit corporations and/or charitable organizations and/or governmental or public entities, with express conditions ensuring that the CDs be used to further music-related purposes or programs reasonably targeted to benefit a substantial number of the persons who purchased Music Products from one or more retailers. The CDs to be distributed under the Cy Pres Distribution Plan may not supplant existing or anticipated funding of such programs. Cy pres recipients of these CDs will not be able to substitute the CDs obtained through the distribution to replace those already budgeted for purchase. The Plaintiffs propose to allocate these CDs among the States by population, each State to receive a share of the CDs in proportion to that State’s percentage of the total population of the United States and its Territories and Possessions.

APPLICATION FOR PAYMENT OF COUNSEL FEES AND EXPENSES

The Settlement Agreements provide that the Plaintiff States may apply to the Court for a portion of the Settlement Fund to be awarded to the Plaintiff States for payment of attorneys’ fees, expenses and costs in an amount to be approved by the Court. Such payment shall be apportioned among the States in their sole discretion and such apportionments shall then be used by each State’s Attorney General for one or more of the following purposes to be chosen at his or her sole discretion: a. Reimbursement of attorneys’ fees and expenses incurred by such state; b. Antitrust enforcement by the attorney general of such state; c. Deposit into a state antitrust or consumer protection account, (e.g., revolving account, trust account), for use in accordance with the state laws governing that account; d. Deposit into a fund exclusively dedicated to assisting the state Attorney General to defray the cost of experts, economists, and consultants in multistate antitrust investigations and litigations.

The Settlement Agreements further provide that Counsel for the Plaintiff Settlement Class may apply to the Court for a portion of the Settlement Fund to be awarded to Counsel for the Plaintiff Settlement Class for reimbursement of attorneys’ fees and expenses incurred by the Plaintiff Settlement Class. The attorneys’ fees and expenses sought by Plaintiff States and Counsel for the Plaintiff Settlement Class will not exceed 21.5% of the Settlement Fund and 10.1% of the total Settlement. The applications of the Plaintiff States and Plaintiff Settlement Class Counsel will be filed on or before February 3, 2003, with the Clerk of the Court and will be subject to inspection and review during regular office hours.

THE RIGHTS OF RESIDENTS OF THE PLAINTIFF STATES AND MEMBERS OF THE PLAINTIFF SETTLEMENT CLASS

If you are a resident of the Plaintiff States or a member of the Plaintiff Settlement Class, you may receive the benefit of and you will be bound by the terms of the proposed Settlement described above, upon approval of the Settlement Agreements by the Court. You have the following options:

1. You may remain a member of the Plaintiff States or Plaintiff Settlement Class. If you choose this option, you do not have to take any action. However, if you wish to share in the proceeds of the Settlement Fund (and all appropriate terms for a cash distribution are met), you must submit a timely and valid Claim Form. If you submit your Claim Form via mail, it must be postmarked no later than March 3, 2003 and addressed to Compact Disc MAP Antitrust Litigation Administrator, P.O. Box 1650, Faribault, MN 55021-1650. If you submit your claim via the online Claim Form at www.MusicCDSettlement.com, the Claim Form must be completed and electronically submitted no later than 11:59 pm Pacific Standard Time, March 3, 2003. If the proposed Settlement is approved by the Court, you will be bound by any judgment entered by the Court including the release of claims contained therein.

2. If you do not wish to be bound by the terms of the proposed Settlement described in this Notice, you may request to be excluded from the Settlement. To do so, you MUST send a written request for the exclusion to:

Compact Disc MAP Antitrust Litigation Administrator
Post Office Box 1643
Faribault, Minnesota 55021-1643

Your request for exclusion must be postmarked by or before March 3, 2003, must clearly state that you want to be excluded from the Settlement, and must provide your full, legal name(s), address, telephone number, and the name and number of this Litigation (In re: Compact Disc Minimum Advertised Price Antitrust Litigation, MDL Docket No. 1361). NO REQUEST FOR EXCLUSION WILL BE CONSIDERED VALID UNLESS ALL OF THE INFORMATION DESCRIBED ABOVE IS INCLUDED IN ANY SUCH REQUEST.

If you do not request exclusion, you will be bound by the terms of the Settlement, even if you do not file a Proof of Claim. If you validly request exclusion from the Settlement, (1) you will be excluded from the Settlement, (2) you will not share in the proceeds of the proposed settlement which are available for distribution as described above, (3) you will not be bound by any judgment or release entered in this Action, and (4) you will retain the option to pursue your claims, if timely, on an individual basis at your own expense against the Defendants.

If you are a resident of the Plaintiff States or a member of the Plaintiff Settlement Class, you may, but are not required to, enter an appearance through counsel of your own choice and at your own expense. If you do not do so, you will be represented either by the Plaintiff States or Counsel for the Plaintiff Settlement Class.

HEARING TO CONSIDER APPROVAL OF PROPOSED SETTLEMENT AND REQUEST FOR COUNSEL FEES AND EXPENSES

The Court will hold a Fairness Hearing on May 22, 2003 at 10:00 a.m., in Courtroom 2, United States Courthouse, 156 Federal Street, Portland, Maine 04101, to determine whether or not:

(1) the proposed settlement should be finally approved;
(2) the Plaintiff States’ and Plaintiff Settlement Class’ claims should be dismissed;
(3) the applications for an award of counsel fees and reimbursement of costs should be approved; and
(4) the plan of distribution for the Settlement Fund and the Cy Pres Distribution Plan should be finally approved.

Plaintiff States’ residents or Plaintiff Settlement Class members who approve of the proposed settlement need not appear at the hearing or take any other action to indicate their approval (persons wishing to file a claim should consult the instructions set forth above and on the attached Claim Form).

Any resident of the Plaintiff States or member of the Plaintiff Settlement Class who has not requested exclusion may appear at the Fairness Hearing to show cause why the proposed Settlement should not be approved, the claims should not be dismissed, or to present any opposition to the plan of distribution or the application of Counsel for attorneys’ fees and reimbursement of costs; provided, however, that no one shall be heard and no papers or briefs submitted by or on behalf of any such person shall be accepted or considered by the Court, unless that person has filed with the Court at the Office of the Clerk, United States Courthouse, 156 Federal Street, Portland, Maine 04101, on or before March 3, 2003, a Notice of Intention to Appear and Object containing his/her full, legal name(s), address, telephone number, and the name and number of this Litigation (In re: Compact Disc Minimum Advertised Price Antitrust Litigation, MDL Docket No. 1361) and the basis for such person’s position, and copies of any papers in support of that person’s position and, contemporaneous with filing such documents, has served such documents by hand delivery or first-class mail on the following:

Counsel for Plaintiff States
Lizabeth Leeds
Office of the Florida Attorney General
PL-01, The Capitol
Tallahassee, FL 32399-1050

Counsel for Plaintiff States
Linda Gargiulo
Office of the New York Attorney General
120 Broadway
New York, NY 10271-0332

Counsel for Plaintiff Settlement Class
Joseph C. Kohn
Steven M. Steingard
KOHN, SWIFT & GRAF, P.C.
One South Broad Street, Suite 2100
Philadelphia, PA 19107

Counsel for Distributor Defendants
William J. Kayatta, Jr.
Pierce Atwood
One Monument Square
Portland, ME 04101

Counsel for Retailer Defendants
Joseph Groff
Jensen, Baird, Gardner & Henry
P. O. Box 4510
Ten Free Street
Portland, ME 04112-9546

Compact Disc MAP Antitrust Litigation Administrator
P.O. Box 1643
Faribault, MN 55021-1643

PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE OR THIS LITIGATION. ALL INQUIRIES SHOULD BE DIRECTED TO PLAINTIFFS’ COUNSEL.

Dated: October 25, 2002 BY ORDER OF
The Honorable D. Brock Hornby
Chief Judge of the United States District Court for the District of Maine