KANAWHA COUNTY, W.Va., Oct. 21 /PRNewswire/ -- Circuit Judge Tod J. Kaufman has certified a class action lawsuit known as Community Health Association v. Lucent Technologies, Inc. and AT&T Corporation, for litigation and trial.

The lawsuit alleges that both entities unlawfully sold or leased telecommunications equipment from 1990 to 2000 that were Y2K non-compliant, requiring customers to then purchase Y2K solutions. Plaintiffs also allege that the defendants sold certain plaintiffs "Service Protection Plans" under which they promised to keep the telecommunications products in good working order but with respect to the alleged Y2K defect, defendants refused to provide free solutions that made the products Y2K Compliant. The Plaintiffs are seeking compensatory damages, treble damages, and punitive damages, as well as legal fees. The defendants deny these allegations and are asserting various factual and legal defenses in response.

The Court has named Community Health Association, d/b/a Jackson General Hospital, DMD, Inc., d/b/a Coldwell Banker/Landmark Realtors, and Jefferds Corporation as representatives of the class and their attorneys, Marvin W. Masters, James C. Peterson, and Anthony J. Majestro, as counsel for the class.

Any person or entity in the United States, its Territories or the Commonwealth of Puerto Rico that purchased, financed, or leased any telecommunications products from the defendants on or after January 1, 1990 is eligible to participate in the class. A complete list of products included in the litigation is attached.

Those persons or entities that have already been identified as possible members of the class will be advised by mail of their rights. Those persons or entities that do not receive notice of their rights by October 25, 2002, should contact: Special Master AT&T/Lucent Y2K Litigation, P.O. Box 849, Hurricane, West Virginia 25526 or call 1-888-925-4968.

Products at Issue:
3B2 Message Server (all), 93B CSMDR (all), 94A LSU (all) also known as LSU (all), AP16 CMS, AP32, also known as 3B5AP (AP32), AUDIX R1 prior to V8, AUDIX R1 Small, Tower (Pre-R1V8:2), AUDIX R1 V8, AUDIX Voice Power (All), AUDIX VP Auto Attendant, AUDIX VP Lodging, AUTOPLEX (R6 and earlier), BCMSVu (R1, R1.1, R2), Branch, Branch XP, Aspen, Maxum, SE and XC 1000, CAS and CAS+ (all), CAS Hospitality (all), CDRP also known as CDRP-3B2, CDRU also known as CDRU-3B2 and CDRU-PC (all), CentreVu CMS (R3V4 and earlier), CentreVu CMS (R3V5 on NCR 3332 aj.1), CentreVu CMS (R3V5 on Sun Platform), Classic Mail (all), CMS (R2 on 3B2), CMS (R3V1-R3V4), CONVERSANT Intro V3.1.1, CONVERSANT V2.1, also known as CONVERSANT VIS V2.1, CONVERSANT V3.0, also known as CONVERSANT VIS V3.0, CONVERSANT VIS INTRO (R1.x), CONVERSANT VIS V2.1.1, V3.0.1, V3.1.1, V4.0, V4.0i, Cost Allocator (V1 and V2), CSM (Centralized System Management), Data Modules also known as BRI Data Modules, DecisionPro and PC/CDR, Definity AUDIX (prior to 3.1), Definity Enterprise Communications Systems (ECS) R5vs, R5si (all issues) R6vs, R6si (pre 2.1)., DEFINITY G2.1, DEFINITY R5, R6 (except G3r) domestic (AKA DEFINITY R5vs, R5si (all issues), R6vs (pre 6.2.1), R6si (pre 2.1)), DEFINITY G3rV1-G3rV3 (all issues), DIMENSION (100, 400, 400E - all feature packages), DIMENSION (600, 600SN, 2000 Call feature packages), FAX Attendant (all), G3MA Unix (pre 5.0), HORIZON CMS (all), ICD R1, R2 (Inbound Call Director), Integrated Gateway (1 way, 2 way), Integrated Solution II Platform (all), Integrated Solution III (ISIII) Platform on DEFINITY, Integrated Solution III (ISIII) Platform on Legend, Integrated Solution III Platform (all releases), Integrated Solutions CAS (V1.0, V1.1), INTUITY AUDIX (R2.0, R3.2), INTUITY AUDIX (R3.3), INTUITY AUDIX (R3.3, R3.3 IP 18/International, R3.2, R2.0), INTUITY CONVERSANT Release 5.0, INTUITY CONVERSANT Release V4.0 and V4.0i, INTUITY HiCap pre 4.3, INTUITY Lodging R1.0, 1.1, ISDN Gateway on 3B2 (all), Manager III, Manager IV (pre R.10.xx, release 9.9.10 INXS), Merlin Legend CMS (all), Merlin Mail (R1 and R2), Merlin Mail R3.0 prior to 3.0.5, Monitor I (up through 7.0), Octel Analyst, Octel Mailbox Manager (OMM), Overture 250/350, Overture PC/Signature Performer, Partner Mail (Prior to R3), PC/PBX, R1 Audix Large (R1, R2), Remote Port Security Device Lock (RPSD) (R1.0, 2.0, 3.0), System 25 (prior to R3V4), System 85 (R1, R2V2-R2V4), Terranova Communications ECS R5.x Reports Generator & Station Administration, Terranova ECS Station Administration Release 5.0, Trouble Tracker (R7.0 and lower), Unified Messenger pre 2.0, Visual Mailbox, VMX 100 (D.I.A.L. prior to A.7.1.0), VMX 200/300 (D.I.A.L. prior to L.7.1.4), VPC 100

Purchasers and lessees of the following products are included in the class unless the purchaser or lessee received a free Y2K Compliant solution or upgrade from defendants Lucent Technologies Inc. and/or AT&T Corp.:

CAS for Windows (2.0, 2.1, 2.2 Legend and Partner Only), CAS Terminal (pre-2.0.8), CentreVu CMS (pre-R3V5uc.d on Sun Enterprise 3000), CentreVu CMS (pre-R3V5ai.i on Sun SPARC), CentreVu Supervisor (prior to V5 BI07), ESM (prior to R4.1.11), G3MA Unix (5.0), G3MA Windows (all releases), INTUITY AUDIX (R4.2, R4.1, R4.0), INTUITY CONVERSANT Release 6.0, INTUITY Interchange (5.0.9 and earlier), Message Manager (R4.1) also known as Intuity Message Manager (R4.1), , OneVision DEFINITY G3 Fault Management (1.4 and prior), Partner Reporter (Prior to 1.1), Terranova ECS WinPBX & Trunk Group Analyzer (all pre R5.x), TMS for Windows 4.0 (1.0)

PR Newswire

-- Anonymous, October 21, 2002