IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
ROBERT T. MCGOVERN,
on behalf of himself and all others
SAMSUNG ELECTRONICS AMERICA, INC.
a New Jersey corporation;
and Does 1 Through 100,
Plaintiff Robert T. McGovern (“Plaintiff”), residing at 42 Heatherwood Drive
in Colchester, Connecticut 06415, by and through his attorneys, individually and on
behalf of all others similarly situated, alleges as follows upon personal knowledge as
to himself, and as to all other matters upon information and belief.
As used herein, the phrase “Defective Blu-ray Disc Players” shall refer
to any of the consumer products (including any components therein) manufactured,
produced, assembled, distributed and/or sold by the Defendant, Samsung
Electronics America, Inc. (the “Defendant”, “Samsung Electronics America” or the
“Company”) for Blu-ray disc reading applications.
Case 2:08-cv-00663-JAG-MCA Document 1 Filed 02/05/2008 Page 1 of 15
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NATURE OF THE CASE
This is a class action lawsuit brought by Plaintiff on behalf of himself
and all others similarly situated who purchased Defective Blu-ray Disc Players
manufactured by Defendant. Samsung Electronics America began shipping
consumer Blu-ray disc players to retailers in June of 2006. It was among the first
DVD manufacturers to do so. As of December 2007, sales of Defendant’s Blu-ray
disc players accounted for 32% of set-top player sales.
During or around last Summer, Plaintiff purchased a Defective Blu-ray
Disc Player. Due to defective design and/or manufacture, Plaintiff’s Blu-ray disc
player will not play numerous Blu-ray d