MASTER EXHIBIT LIST 

(APPLIES TO JOINT RESPONSE TO OBJECTIONS,

PLAINTIFFS’ RESPONSE TO OBJECTIONS AND FINAL APPROVAL BRIEF) 

Exhibit A. Affidavit of Mark D. Schey 

Exhibit B. Affidavit of Michael E. Hamer

Exhibit C. Declaration of Dan Ross

Exhibit D. Stern v. AT&T Mobility Corp., No. 2:05-cv-08842, Order Granting 

Application for Award of Attorneys’ Fees and Expenses and Incentive 

Award for Class Representative [D.E. 394] (C.D. Cal. Nov. 22, 2010) 

Exhibit E. In re Motor Fuel Temp. Sales Pracs. Litig., No. 07-md-01840, Order [D.E. 

3019] (D. Kan. Nov. 10, 2011) 

Exhibit F. Smith v. Levine Leichtman Capital Partners, Inc., No. 10-00010, 2d Am. 

Compl. [D.E. 98] (N.D. Cal. July 17, 2010) 

Exhibit G. City of Greenville v. Syngenta Crop Protection, Inc., No. 3:10-cv-188, 

Settlement Agreement (Excerpted) [D.E. 294-1] (S.D. Ill. May 24, 2012) 

Exhibit H. In re Hydroxycut Mktg. & Sales Pracs. Litig., No. 3:09-cv-01088, Order 

Granting in Part and Denying in Part Motion to Quash Deposition 

Subpoena [D.E. 215] (S.D. Cal. Apr. 29, 2013) 

Exhibit I. Stern v. Cingular Wireless Corp., No. 2:05-cv-08842, Civil Minutes – 

General [D.E. 344] (C.D. Cal. Oct. 15, 2010) 

Exhibit J. Declaration of Michael Collins

Exhibit K. In re TFT-LCD (Flat Panel) Antitrust Litig., No. 3:07-MD-1827, 

Objections of Leveta Chesser and Johnny Kessel [D.E. 6991] (N.D. Cal. 

Oct. 15, 2012) 

Exhibit L. Ruwe v. Cellco P’ship, No. 07-cv-03679, Objections of James J. 

Poindexter, Cery Perle, and Jeffrey Palmer [D.E. 128] (N.D. Cal. Oct. 13, 

2012) 

Exhibit M. Herfert v. Crayola, LLC, No. 2:11-cv-01301, Order [D.E. 74] (W.D. Wash. 

Aug. 17, 2012) 

Exhibit N. Arthur v. Sallie Mae, No. 10-cv-00198, 9/14/2012 Motion Hearing Tr. 

[D.E. 268] (W.D. Wash. Sept. 21, 2012) 

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Exhibit O. Saltzman v. Pella Corp., No. 1:06-cv-04481, Objections of Dave Thomas 

[D.E. 323] (N.D. Ill. Jan. 29, 2013) 

Exhibit P. In re Toyota Motor Corp. Unintended Acceleration Mktg., Sales Pracs. & 

Prods. Liab. Litig., No. 8:10-ml-02151, Gary & Rebecca Guerriero’s 

Objections [D.E. 3632] (C.D. Cal. May 13, 2013) 

Exhibit Q. Theodore H. Frank, Resident Fellow, American Enterprise Institute and 

Director, AEI Legal Center for the Public Interest, Protecting Main Street 

from Lawsuit Abuse: Statement Presented to the Senate Republican 

Conference (March 16, 2009), available at

http://www.aei.org/files/2009/03/16/Frank%20testimony.pdf 

Exhibit R. Rhonda L. Paulson Objection 

Exhibit S. Report of Keith A. Reutter, Ph.D. Regarding Settlement (with exhibits) 

Exhibit T. Redacted Product Labels

Exhibit U. Expert Report of Dr. Thomas J. Schnitzer M.D., Ph.D. 

Exhibit V. Report of Jeremiah E. Silbert, M.D. 

Exhibit W. Pappas v. Naked Juice Co. of Glendora, Inc., No. CV11-08276 JAK 

(PLAx), Order Re Motion for Prelminary Approval of Class Action 

Settlement [D.E. 144] (C.D. Cal. Aug. 7, 2013) 

Exhibit X. Examples of Cases in Which Darrell Palmer Has Filed Objections and 

Dismissed, Abandoned, or Withdrawn the Objections or Appeal Without 

Attaining Settlement Changes or Additional Benefits for the Class

Exhibit Y. Selected Objections to Settlements Filed by Steve A. Miller, Jonathan E. 

Fortman, and/or John C. Kress 

Exhibit Z. Declaration of Jorge Granja

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EXHIBIT A

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EXHIBIT A

Rexall Glucosamine Notice Plan Overview 

The Audience “The Class”: The Class is defined as all persons in the United States who purchased a 

Rexall glucosamine product. The class size is estimated at 12 million consumers in the United States. 

In building the targeted media campaign, GfK MRI data1 was used to further define the class as 

“supplement users aged 35 years and older.” Where available, GfK MRI data was used to identify 

adults who used glucosamine, specifically.

Objective of Print and Internet Notice Program: Create, execute, and manage a Print and Internet 

notice program in a targeted, consumer friendly manner. The program will have extensive reach to 

potential Class participants. The media will be run in a timely manner that is consistent with the 

settlement agreement and the orders of the court. 

Rexall Glucosamine Marketing Analysis: This media plan to inform the public of both the long 

form and summary notices is the result of a campaign analysis which included a thorough analysis of 

print publication and the potential Internet usage by consumers who may have purchased a 

glucosamine product, as well as industry cross-references. An analysis of the product categories in 

which the product falls, using proprietary historical data trends and reach indexing from over 400 

Direct to Consumer products, was performed. Furthermore, industry standard information from GfK 

MRI was used to validate the analysis of the media's reach.

1 Based upon GfK MRI Fall 2012 data. GfK MRI is the leading provider of media and consumer research in the country. 

They are the primary source for audience data for the magazine industry in the United States.

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Part 1: Print Advertising / Magazine Ads

To develop the print notice plan, both proprietary data and GfK MRI data was used to evaluate the 

reach to the class. As noted earlier, the goal of the campaign is to reach a substantial portion of adults, 

aged 35 and older, who are also supplement users. In addition to raw data, an extensive marketing 

analysis was performed to ensure publications used by people with joint problems would be 

represented. Where available, GfK MRI data was utilized to specifically target adult glucosamine 

users.

The magazine selection includes:

“People Magazine” which, according to GfK MRI, has 42.5 million readers, 17.64 million of 

which are adults over 35 who use supplements. According to the Alliance for Audited Media, People 

Magazine is the ninth largest publication in the United States, based on circulation numbers. Again, 

using GfK MRI data, People Magazine alone reaches 18% of all adults over 35 who use supplements.

“Prevention” is the 16th most circulated magazine in the United States. Its readership represents 

5,944,000 adults over 35 who use supplements or 6.2% of the defined class. Using available data (also 

through MRI), we can further quantify that this publication alone reaches 8.3% of adult glucosamine 

users. This publication has an index of 171 for the defined class, with 70.4% of its readership being in 

this demographic.

“First For Women” has a readership of 2,511,000 supplement users over 35. This publication 

also has an index of 152 for the defined class, with 62.7% of its readership being in this demographic. 

Using MRI data, it reaches 2.6% of all adult supplement users over 35, while specifically reaching 

3.4% of all glucosamine users.

“Woman's World” reaches 4,133,000 readers who are supplement users over 35 years old. Like

“First For Women”, it also indexes high (151) with the demographic, with 62% of its readership in the 

defined class. This represents a reach of 4.3% of adults over 35 who use supplements and 5.1% of all 

glucosamine users.

 “Guideposts” which, according to GfK MRI, reaches 3,556,000 adults over age 35 who use 

supplements (or 3.7% of the defined class). This publication has a strong index of 157 for the defined 

class.

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These magazines were selected for their excellent targeting and wide reach of adults in the United 

States. Combined, the magazines have a reach of 35.2% of the defined class members of 35+ 

supplement users and an aggregate reach of 38.5% of glucosamine users, where available2

. 

Taking this a step further, we used additional GfK MRI reporting (along with Reach and Frequency 

calculations based upon the Metheringham Formula) to calculate the duplication of readership in the 

above magazines. 

This additional analysis suggests that the overall magazine portion of the notice plan will reach 18.00%

of glucosamine users one time, 6.22% of glucosamine users two times, and 2.69% of glucosamine 

users three or more times. This results in a reach of 26.91% of glucosamine users seeing the settlement 

notice at least one time.

(Note: Further overlap of duplicated readers across the various media categories will also be calculated

and applied on the overall campaign.)

Glucosamine User Research

GfK MRI data tells us that there is a population of 95.6 million supplement users over the age of 35. 

The subset of actual glucosamine users is estimated at 8.19 million in the past 6 months.

Where data is available specifically for glucosamine users, the reach to this group is larger than the 

broader group of adults 35+ who are supplement users. In a health-related magazine, like “Prevention”,

the reach increases by 33.8% (from 6.2% to 8.3%) when targeting glucosamine users. The smallest 

increase in reach was a more general magazine, “Women's World”, where reach to actual glucosamine 

users increased by 18.6% (from 4.3% to 5.1%) over the more broadly defined adults over 35 who use 

supplements.

2 When researching this notice plan, GfK MRI Fall 2012 data was available for glucosamine users(as opposed to only 

supplement users) with respect to specific publications. These included “Women's World”, “First For Women”, and 

“Prevention” magazines.

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Part 2: Direct Mailing To Known Customers

4.7 million unique Rexall glucosamine customers will be notified through retail and loyalty program 

information. 

With a class size of 12 million, a direct mailing to 4.7 million unique customers represents 39.16% of 

the class. 

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Part 3: Demographic Website Relevant & On-line Portal Ads

The Internet is an extremely powerful tool for reaching potential class members and driving them to 

the settlement website. Past experience with Internet Notice Plans has been used to design the most 

effective plan.

Demographic Website Relevant and Information Ads: 500 of the top on-line information websites 

have been analyzed, along with Affinity Indexes of pertinent demographic sites as they pertain to 

glucosamine users. Furthermore, marketing plans of over 100 related media campaigns have been 

studied in an effort to reach potential buyers in our target categories. The sites below are the top 

properties, which will offer the deepest reach and fastest execution time to inform the public of the 

class action settlement. Further refinement of targeting adults aged 35 and over will be included. 

These advertisements will instruct people of the class action and direct them to the settlement website 

to participate. 

Media Placement Estimated Targeted

Impressions

Yahoo RMX 18,500,792

Google Content Network 24,429,839

AOL Network 6,715,934

Subtotal 49,646,565

“Yahoo” (and its partner sites) reach 90.2% of adults over the age of 35 in the United States who use 

the Internet3, with a potential target of 107 million. This notice plan will deliver an estimated 18.5 

million impressions with a frequency of 1.5 or less to ensure widespread reach. Yahoo Sites are the 

third most popular on the United States Internet, based upon comScore (September 2012) data.

“Google” (and its partner sites) reach 87.9% of Internet-using adults over 35 in the United States. This 

notice plan will display an estimated 24 million impressions with a frequency cap of 1.5 to ensure a 

large percentage of class members are reached. According to comScore (September 2012), Google 

Sites are the most popular on the United States Internet. This portion of the campaign will also target 

specific “search terms” for the highest possible targeting of potential class members.

“AOL” (and its partner sites) have an extensive reach of Internet-using adults over 35 in the United 

States. This notice plan will deliver 6.7 million impressions to the 35+ adult demographic with a 

frequency of 1.5 or less. 

Based upon the potential reach to the class and the specific number of impressions (with a frequency 

cap of 1.5), the online advertising portion of the notice plan will reach an estimated 35.5% of the 

class (when combined with social media in Part 4 of this notice plan).

3 Data Source: comScore, September 2012. comScore is a global leader in online business analytics, providing industry 

standard Internet audience measurement and demographics.

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TARGETED DEMOGRAPHIC INTERNET IMPRESSIONS IN REXALL CAMPAIGN: 

49,646,565

Part 4: Facebook and Social Media

Facebook’s Reach: Facebook has a total U.S. reach of 170 million consumers on-line, making it the 

largest proactive social engine in the country. This media vehicle has proven over the last 24 months 

to be the most effective way to quickly execute and engage a targeted audience with the ability to drive

them to an independent website, such as a class action settlement notice site. The ability for one class 

member to pass along the information to others utilizing social media can have the potential to triple 

the reach index. For the online media plan, the most widely used social media sites were researched

Independent data from Quantcast and comScore, two of the industry standards in Affinity and Reach 

analysis for consumer behaviors, were utilized. Our research indicates a total social media reach of 

over 140 million unique users per month in the United States. 

Below is the strategy to get the proper notifications out to the public with social media via the 

Facebook platform:

Facebook Creative Unit: A banner with clear text informing the public of Rexall Settlement will be 

displayed with a hyper link directing consumers to the proposed website in which they will have all the

necessary information related to the case. 

Facebook Targeting: Facebook has proprietary banner advertising targeting capabilities. Ads will be 

segmented to target potential class members in order to more effectively target these consumers with 

proper notice in a timely manner. 

Facebook Settlement Page: A dedicated settlement page will be posted and used to educate people 

on the class action and direct those who wish to participate to the main settlement website. 

Based upon the total reach of Facebook, the number of impressions delivered, and the frequency cap of

1.5, the social networking portion of the notice plan will reach an estimated 35.5% of the class (when 

combined with targeted Internet advertising in part 3 of this notice plan).

TARGETED SOCIAL MEDIA IMPRESSIONS IN REXALL CAMPAIGN: 132,374,875

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Rexall Glucosamine Notice Summary

Media placements will be adjusted in order to maximize the number of claims filed. A reporting 

system will allow optimization of placements that are producing the greatest numbers of claims. 

Summary of the media impressions is segmented as follows:

Media Category Type Targeted Impressions

Print Magazines Graphic and Text 33,783,000

Direct Mail Graphic and Text 4,700,000

Online Banners & Ads Graphic and Text 49,646,565

Social Media/Facebook Graphic and Text 132,374,875

Ad Units and Copy for Notices: All ad units and the notices that are presented will be submitted for 

prior approval before the online media program is to begin. All creative will be done in a 

straightforward manner that is consistent with all applicable laws and is consistent with the wishes of 

the court and the spirit of the settlement. 

Summary: The Notice Plan designed for this settlement is based on the tools and techniques that 

companies use to develop marketing programs for similar products and audiences. Wherever available,

data is verified using industry-standard data from GfK MRI and comScore. 

This plan will provide for the execution of the notices to go out to the target audience in an efficient 

and timely manner, and to meet the legal requirements as set forth by the court as well as in the Class 

Action Settlement agreement. The plan will be specifically designed to target the settlement class and 

notify a substantial number of them of the settlement.

While duplication has already been calculated for magazine, direct mail, and Internet individually, this 

notice plan allows for a further 23.9% duplication of audience across the various notice methods. In 

other words, we expect 23.9% of people who see a notice in a magazine to also receive a direct mail 

piece.

Taking into account a 23.9% duplication and without factoring in spread of the message through social 

media and word of mouth, we estimate the campaign will reach 76.34% of the defined class.

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EXHIBIT B

Prevention Magazine

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Woman's World 

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First For Women 

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People Magazine

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Guideposts

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