A lawsuit seeking class action status that targeted Netgear’s CM700 DOCSIS 3.0 modem has been dismissed.
The plaintiffs – Stewart Williams, Jeffrey Torres and Allan Hamilton, dismissed action with prejudice as to their individual claims, and without prejudice as the to claims of the putative classes, according to the closing document filed in the U.S. District Court, Northern District of California on August 9.
The dismissal with prejudice means that the court has made a final determination on the merits of the case and that the plaintiffs are now forbidden from filing another suit on the same grounds.
The original action, filed on April 14 by the firm of Schubert Jonckheer & Kolbe, alleged that the CM700, a D3.0 powered by an Intel Corp. Puma 6 chip, suffered from a “serious defect” that results in high spikes in network latency and degraded Internet connections.
At the time, Netgear said it had “full confidence in the CM700 cable modem.”
The law firm said then that it was also investigating whether other cable modems containing the Puma 6 chipset, including modems from Linksys, Cisco, Hitron, and Arris, also suffers from the same alleged network latency defect.