United States District Court for the Northern District of California
Mark Comin, et al. v. International Business Machines Corporation
Case No. 19-cv-7261-JD

NOTICE OF CLASS ACTION SETTLEMENT AND FINAL APPROVAL HEARING

TO: All persons residing or who resided in California while working for International Business Machines Corporation (“IBM”) on a commissions incentive plan at any time between November 4, 2015 and March 2, 2023, including those whom Plaintiffs allege were not paid the amount of commissions reflected in the individual’s commissions formula.

If you fit the description above, YOU ARE A CLASS MEMBER AND ELIGIBLE TO RECEIVE A SETTLEMENT PAYMENT. The information provided to you in the Notice is only a summary. The terms of the Settlement Agreement are the binding terms of this settlement (hereinafter “Settlement”), and all such terms are explained in the Settlement Agreement that is on file with the Court and available under the Case Documents tab of the website.

If you want to participate in this Settlement, no action is required. You will be automatically included in the Settlement and will receive a settlement payment if the Court grants final approval to the Settlement. If you do NOT want to participate in the Settlement, then you must take action by July 3, 2023, as described under the Frequently Asked Questions tab of this website.

PLEASE READ THE NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY THIS PROPOSED CLASS ACTION SETTLEMENT.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

To receive your Individual Settlement Payment, you do not need to do anything. Your payment will be mailed to you, automatically, after the Court grants final approval to the Settlement and final judgment is entered. You must, however, keep a current address on file with the Settlement Administrator to ensure receipt of your check.
CHANGE CONTACT AND ADDRESS INFORMATION

Update your address with the Settlement Administrator to ensure your check is sent to the correct address.
EXCLUDE YOURSELF  You may “opt out” of the Settlement if you do not wish to participate in the Settlement. If you opt out, you will not receive any class action payment under the Settlement. This is the only option that allows you to pursue your own claims (in your own lawsuit) against IBM about the legal claims in this case. If you want to opt out, you must submit by mail to the Settlement Administrator a signed Request for Exclusion no later than July 3, 2023. Untimely Requests for Exclusion will be rejected. Your right to opt out applies only to the class action portion of the Settlement. No opt-out right applies to the settlement of PAGA claims in the Action. See more detailed information under the Frequently Asked Questions tab of this website.

OBJECT

 Submit written objections no later than July 3, 2023 if you think the Settlement is not fair. See more detailed information under the Frequently Asked Questions tab of this website.

GO TO A HEARING

 Ask to speak in Court about why you think the Settlement is not fair.