Kyla Asbury Nov. 20, 2014, 10:08am

LOS ANGELES (Legal Newsline) - Gateway has agreed to a settlement in a class action lawsuit against it claiming one type of its LCD monitors provided sub-par performance.

Those who purchased a Gateway 30-inch XHD 3000 LCD monitor and experienced a problem with the monitor and/or the monitor did not perform as advertised could receive $195 in the settlement.

Under the proposed settlement, each class member who submits a valid claim will receive $195 in cash for each monitor purchased, according to a settlement document filed Nov. 7 in the U.S. District Court for the Central District of California.

Class counsel will apply to the court for an award of attorneys fees and will receive litigation expenses in an amount not to exceed $620,000, according to the settlement document.

Mark Lima, the named plaintiff in the suit, will receive an incentive award in an amount not to exceed $8,000.

In April 2008, Lima purchased the monitor for $1,638.75. The monitor delivered  sub-par performance and after six or seven months, its display began producing abnormal visual artifacts and would not perform as represented, he claimed.

On Nov. 23, 2009, Lima filed his class action lawsuit on behalf of himself and others who purchased the monitor and experienced problems with it.

Those who wish to submit claims have until May 21 to submit them either by mail or online.

A fairness hearing is scheduled for Feb. 27.

Lima and the class members are represented by Rosemary M. Rivas and Tracy H. Tien of Finkelstein Thompson LLP in San Francisco; Mila F. Bartos of Finkelstein Thompson in Washington, D.C.; and Gordon M. Fauth Jr. and Alexis A. Phocas of Litigation Law Group in Alameda, Calif.

Gateway is represented by Rhianna S. Hughes of Payne & Fears LLP in Irvine, Calif.; and Eric M. Kennedy and Paul F. Rafferty of Jones Day in Irvine, Calif..

The case is assigned to District Judge Dolly M. Gee.

U.S. District Court for the Central District of California case number: 8:09-cv-01366

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