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.

If you are able to attend, this form should have met the requirements of the Court to allow you to speak.  If not, this form asks the Court to consider your written affidavit.  

Because of this, it is important that you say everything you wish to say to the Court in the affidavit.  

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 an affidavit 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.
8.	While Class Member will endeavor to appear and be heard personally, in the event that Class Member is unable to attend the Fairness Hearing of May 22, 2006, Class Member prays that this honorable Court will accept and consider Exhibit “A” as Class Member’s statement.

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”
AFFIDAVIT

STATE OF [YOUR STATE]
COUNTY/ PARISH OF [YOUR COUNTY/ PARISH]

	Having been duly sworn, and upon my oath, I hereby state that my name is [name].  I was born [date] and currently reside at [address], [city], [state] [zip]. 

	I am a member of the settlement class in the case styled In Re Sony BMG CD Technologies Litigation, Cause Number 1:05-cv-09575-NRB currently pending in the District Court for the Southern District of New York.  I have not been excluded from the class.  

	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 “A” 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 “B”, 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.

FURTHER AFFIANT SAITH NOT.

							______________________________
							[YOUR NAME]

STATE OF [YOUR STATE]
COUNTY/PARISH OF [YOUR COUNTY/ PARISH]

PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction aforesaid, [YOUR NAME], who after having been first sworn by me on [HIS/HER] oath says that the matters and facts set forth in the foregoing AFFIDAVIT, are true and correct as therein stated.

							_____________________________
							[YOUR NAME]
	
SWORN TO AND SUBSCRIBED BEFORE ME, on this ___ day of __________, 2006.

My Commission Expires:

_____________________				______________________________
							NOTARY PUBLIC

EXHIBIT “B”

[Your Name] wishes to present the following witnesses or experts at the Fairness Hearing of May 22, 2006:

1.	[Your Name]