TO USE THIS DOCUMENT Carefully review the document and replace the bracketed text with your information. Sign both signature lines. Mail the original to the Court Clerk at: J. Michael McMahon, Clerk of Court Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 Mail a copy to each of the counsel noted on the Certificate of Service. Make your travel arrangements; directions to the courthouse are available at http://www.nysd.uscourts.gov/travlnyc.htm NO NOT SEND THIS PAGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: SONY BMG CD Cause No: 1:05-cv-09575-NRB TECHNOLOGIES LITIGATION NOTICE OF INTENT TO APPEAR AND BE HEARD PERSONALLY AT THE FAIRNESS HEARING OF MAY 22, 2006 COMES NOW, [Your Name], Member of Settlement Class (“Class Member”), and pursuant to the Hearing Order of January 6, 2006, files this Notice of Intent to Appear and Be Heard Personally at the Fairness Hearing of May 22, 2006, and in support thereof would show unto this honorable Court the following, to-wit: 1. Class Member is a member of the settlement class. 2. Class Member has not timely and/or properly sought exclusion from the settlement class. 3. Class Member wishes to appear and be heard personally at the fairness hearing of May 22, 2006. 4. Class Member acknowledges at such appearance will be at Class Member’s sole expense. 5. Class Member wishes to be heard personally on the issues of whether the Settlement is fair, reasonable, and adequate to Settlement Class members, whether the proposed Settlement should or should not be approved by the Court, and whether the application of Class Counsel in the Actions for an award of attorney’s fees and/or reimbursement of expense should or should not be granted. 6. Attached hereto as Exhibit “A” is a written statement that describes, in full, the basis for Class Member’s opposition, along with any supporting documentation. 7. Attached hereto as Exhibit “B” is a list of any and all witnesses or experts Class Member wishes to present to the Court. Respectfully Submitted, ______________________________ [Your Name], pro se [Address] [City], [State] [Zip] [Phone Number] CERTIFICATE OF SERVICE I, [your name], do hereby certify that I have this day mailed by first class United States mail, postage prepaid, a true and correct copy of the above and foregoing Notice of Intent to Appear and Be Heard Personally at the Fairness Hearing of May 22, 2006, to the following counsel of record at his/her usual address of: Daniel C. Girard, Esq. Girard, Gibbs, & De Bartolomeo 601 California Street Suite 1400 San Francisco, CA 94108 Jeffrey S. Jacobson, Esq. Debevoise & Plimpton, LLP (NYC) 919 Third Avenue New York, NY 10022 Leonard T. Nuara, Esq. Thatcher, Proffitt, & Wood, LLP 25 DeForest Avenue Summit, NJ 07910 Andrew C. Devore, Esq. Manatt, Phelps, & Phillips, LLP 7 Times Square New York, NY 10036 This, the ______ day of _______________, 2006. ______________________________ [Your Name], pro se [Address] [City], [State] [Zip] [Phone Number] EXHIBIT “A” [This exhibit must describe, in full, your opposition, and should include any supporting documentation. Edit as you see fit.] I purchased [NAME OF CD or CDs], which [was|were] infected with [XCP or MediaMax or both XCP and MediaMax] on or before the effective date of the settlement. [Optional: Attached hereto as Exhibit “C” is a photocopy of the front and back of the packaging of [NAME OF CD] {Make a copy and include it}] [If you were damaged by the use of the CD or CDs, explain that here, in detail] [Discuss whether, in your opinion, the “settlement is fair, reasonable, and adequate to Settlement Class members” {If you have supporting documentation, such as a receipt or copy of an email, reference it as sequentially-lettered exhibits (e.g., Exhibit “D”, make a copy of it, and attach it. There is no limit to the number of exhibits you may include.}] [Discuss whether, in your opinion, the “application of Class Counsel … for an award of attorney’s fees and/or reimbursement of expense should or should not be granted”. NOTE: The settlement agreement does not set out what those fees will be, nor has any court document set those fees. There are some who complain that without knowing what fees will be paid, it is not possible to make an educated decision about whether the settlement is fair. {If you have supporting documentation, such as a receipt or copy of an email, reference it as sequentially-lettered exhibits (e.g., Exhibit “C”, make a copy of it, and attach it. There is no limit to the number of exhibits you may include.}] [Discuss whether, in your opinion, “the proposed settlement should or should not be approved by the Court”. {If you have supporting documentation, such as a receipt or copy of an email, reference it as sequentially-lettered exhibits (e.g., Exhibit “D”, make a copy of it, and attach it. There is no limit to the number of exhibits you may include.}] Accordingly, I encourage this Court to [accept|not accept] the proposed settlement. EXHIBIT “B” [Your Name] wishes to present the following witnesses or experts at the Fairness Hearing of May 22, 2006: 1. [Your Name]