Hubley, et al. v. Dell Inc. Litigation

In 2008, Plaintiff Jill Hubley filed a charge of discrimination against Dell with the United States Equal Employment Opportunity Commission (the "EEOC"). Thereafter, Ms. Hubley filed this lawsuit, alleging that Dell engaged in a pattern and practice of gender discrimination with respect to compensating and promoting female employees. Dell denied and continues to deny any liability or wrongdoing of any kind associated with the claims alleged in this lawsuit. Plaintiff Laura Guenther also filed a charge of discrimination, and joined the lawsuit as a second class representative.

Thereafter, the parties agreed to first engage in Alternative Dispute Resolution ("ADR") and retained a highly-regarded and nationally known mediator who specializes in class action employment discrimination litigation to assist them in negotiations. The parties then exchanged documents and substantial data, which Plaintiffs had analyzed by a prominent labor economist and statistician. The parties later disclosed the results of their statistical investigation of the employment data and had detailed discussions about the statistical analyses and results. Ms. Hubley and Ms. Guenther (the "Named Plaintiffs") were very much involved in this process and analysis of the evidence, and they also provided background information to Class Counsel, attended and fully participated in mediations, provided guidance, assistance and direction to Class Counsel, and regularly responded to requests for information from Class Counsel and Dell.

In December 2008, the parties began settlement discussions through the ADR process. Numerous face-to-face negotiations, including many with the mediator, and dozens of telephone negotiating sessions took place during December 2008 through June 2009. The Named Plaintiffs were integrally involved in the negotiations and approved of all of the settlement offers and rejected responses. Ultimately, the parties agreed to settle the litigation on the terms set forth below.

Based upon their investigation and the risk of litigation, including the potential that a class would not be certified, Class Counsel and the Named Plaintiffs have concluded that the terms of the settlement are fair, reasonable, adequate, and in the best interests of the Class. In reaching this conclusion, Class Counsel and the Named Plaintiffs have analyzed the benefits of the settlement and the risk of an unfavorable outcome (i.e., losing), as well as the expense and length of continued proceedings necessary to prosecute this action. Dell does not admit any wrongdoing or liability by entering into this settlement, and has agreed to these settlement terms because it wishes to avoid further costly, disruptive, and time-consuming litigation, and desires to obtain complete and final settlement of the claims of the Named Plaintiffs and Class Members.

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