IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

IN RE: PREMERA BLUE CROSS 

CUSTOMER DATA SECURITY BREACH 

LITIGATION

Case No. 3:15-md-2633-SI

This Document Relates to All Actions.

ORAL ARGUMENT REQUESTED

MOTION AND MEMORANDUM OF POINTS OF AUTHORITIES IN SUPPORT OF 

PLAINTIFFS’ MOTION FOR APPOINTMENT OF CAFFERTY CLOBES 

MERIWETHER & SPRENGEL LLP AS INTERIM LEAD COUNSEL AND STOLL 

STOLL BERNE LOKTING & SHLACHTER P.C. AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 1 of 37
TABLE OF CONTENTS

I. INTRODUCTION .............................................................................................................. 1

A. Factual Background ................................................................................................ 2

B. Procedural Background........................................................................................... 3

II. ARGUMENT...................................................................................................................... 4

A. The Court Should Appoint Interim Lead Counsel.................................................. 4

B. Standards for Appointing Interim Lead Counsel.................................................... 5

1. Proposed Interim Lead Counsel has Significant Relevant Experience and 

Knowledge of the Applicable Law ............................................................. 6

C. The Court Should Appoint Interim Liaison Counsel............................................ 12

D. Each of the Factors set forth in Rule 23(g)(1)(A) and the Court’s Pretrial Order 

Support Appointment of Cafferty Clobes as Interim Lead Counsel and Stoll Berne 

as Interim Liaison Counsel ................................................................................... 15

1. Proposed Interim Lead Counsel have Put Forth Significant Work in 

Identifying and Investigating Potential Claims in the Actions................. 15

2. Proposed Interim Lead Counsel and Proposed Interim Liaison Counsel 

have Committed, and will Continue to Commit, Significant Time and 

Resources to Litigate the Actions............................................................. 16

3. Proposed Interim Lead has a Proven Track Record of Working 

Cooperatively with Counsel in the Case and have Secured Significant 

Support for their Appointment.................................................................. 18

4. Given the Complexity of the Actions, the Proposed Case Leadership 

Structure Is Appropriate............................................................................ 30

III. CONCLUSION................................................................................................................. 30

i

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 2 of 37
TABLE OF AUTHORITIES

Cases

In re Cardinal Health, Inc. ERISA Litig., 

225 F.R.D. 552 (S.D. Ohio 2005)........................................................................................... 4, 5

In re Delphi ERISA Litig., 

230 F.R.D. 496 (E.D. Mich. 2005) ............................................................................................. 4

In re Ins. Brokerage Antitrust Litig., 

MDL No. 1663, 2007 WL 542227 (D.N.J. Feb. 16,2007).................................................... 8, 10

In re New Motor Vehicles Canadian Export Antitrust Litig., 

270 F.R.D. 30 (D. Me. 2010)...................................................................................................... 8

In re Packaged Ice Litig., 

No. 08-MD-01952, 2009 WL 1518428 (E.D. Mich. June 1, 2009)............................................ 5

In re Relafen Antitrust Litig., 

221 F.R.D. 260 (D. Mass. 2004)................................................................................................. 8

In re Warfarin Sodium Antitrust Litig., 

212 F.R.D. 231 (D. Del. 2002) ................................................................................................... 8

Nowak v. Ford Motor Co., 

240 F.R.D. 355 (E.D. Mich. 2006) ..................................................................................... 15, 17

Ross v. Jack Rabbit Servs., LLC,

No. 3:14-CV-00044-TBR, 2014 WL 2219236 (W.D. Ky. May 29, 2014) ................................ 4

Smith v. State Farm Mut. Auto. Ins. Co., 

301 F.R.D. 284 (N.D. Ill. 2014)................................................................................................ 13

Stanich v. Travelers Indemn. Co., 

259 F.R.D. 294 (N.D. Ohio 2009) ............................................................................................ 17

Statutes

Health Insurance Portability and Accountability Act of 1996, 

Pub. L. 104-191, 110 Stat. 1986 ................................................................................................. 2

WASH. REV. CODE § 70.02.............................................................................................................. 2

Rules

Fed. R. Civ. P. 23(g)(1)........................................................................................................... 4, 5, 6

ii

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 3 of 37
Treatises

MANUAL FOR COMPLEX LITIGATION (FOURTH) (2004)....................................................... 5, 12, 13

Other Authorities

Governance and Legitimacy in the Law of Class Actions, 

1999 SUP. CT. REV. 337, 388 ...................................................................................................... 5

iii

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 4 of 37
MOTION

Pursuant to the Court’s Pretrial Order filed July 2, 2015, Plaintiffs in the cases listed in 

the Table of Related Cases in Exhibit A hereto (“Plaintiffs”), submit this Motion for Entry of an 

Order Appointing Cafferty Clobes Meriwether & Sprengel LLP (“Cafferty Clobes”) as Interim 

Lead Counsel and Stoll Stoll Berne Lokting & Shlachter P.C. (“Stoll Berne”) as Interim Liaison 

Counsel for Plaintiffs and the proposed Class (the “Motion”).

This Motion is supported by the following Memorandum of Points and Authorities, the 

Exhibits filed herewith, and the other papers on file with the Court. 

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

Cafferty Clobes should be appointed Interim Lead Class Counsel and Stoll Berne should 

be appointed Interim Liaison Class Counsel for the following reasons: (1) Cafferty Clobes

represents 12 Plaintiffs, including an identity theft victim, in total, Cafferty Clobes, Stoll Berne,

and their supporting Plaintiffs and law firms represent multiple identity theft victims and 25 

Plaintiffs; (2) they have the unconditional support of many firms with extensive experience 

leading and litigating nationwide data breach and other complex, sophisticated class actions, 

including on behalf of consumers and relating to the health care and insurance industries; (3) 

they have shown strong leadership by initiating and leading private ordering discussions with all 

Plaintiffs’ counsel in all cases, and working cooperatively and effectively with co-counsel by 

initiating, planning, and managing telephone conferences to submit joint leadership papers, the 

statement of the case brief, and a proposed Case Management Order with great efficiency; (4) 

Cafferty Clobes helped pioneer and prosecuted earlier personal data and internet privacy 

litigation, which paved the way for data breach litigation; (5) both firms have extensive 

Page 1 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 5 of 37
experience litigating national MDL class cases against the insurance industry on behalf of 

policyholders and subscribers; (6) they have led and litigated national consumer class actions; (7) 

they enjoy an excellent reputation for civility and professionalism; (8) they have the support of 

several firms which have offices in Seattle, WA, where much of the discovery in this action will 

likely take place; and (9) they have the resources to efficiently and effectively guide this class 

action litigation on behalf of victims of this medical, financial, and personal data breach.

This Motion does not seek appointment of a steering committee, because the litigation 

will be most efficiently managed through an informal structure with Cafferty Clobes directing, 

managing, and overseeing work being done by other experienced firms in this case. If the Court 

is inclined to appoint a steering committee, each of the firms supporting this motion is highly 

qualified, willing, and able to serve on such a Court-appointed committee.

A. Factual Background

Premera Blue Cross (“Defendant” or “Premera”) is a Blue Cross Blue Shield affiliate that 

provides health insurance to subscribers in the states of Washington and Alaska and various 

other states throughout the country. Premera is headquartered in Mountlake Terrace, 

Washington, is the largest health insurer in Washington and Alaska of both group and individual 

plans, and administers the Federal Employee Health Benefits (“FEHB”) Program, which insures 

federal employees within those states. Plaintiffs in this action are current and former subscribers 

of Premera health insurance whose private medical information and records were exposed, 

published, and released in violation of the Health Insurance Portability and Accountability Act of 

1996, Pub. L. 104-191, 110 Stat. 1986 (“HIPAA”) and the Washington Uniform Health Care 

Information Act, which also sets forth privacy standards for insurers in Washington. WASH. REV.

CODE § 70.02 et seq. The data breach resulting in this exposure also caused the exposure, 

Page 2 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 6 of 37
publication and release of subscriber medical, financial, and personal identifying information. 

This is not a garden variety data breach case. Unlike many recent highly publicized data 

breaches that resulted in exposure of credit and debit card information, the breach of Premera’s 

network systems resulting in the release of private medical information and lifelong Social 

Security numbers of the Plaintiffs and class members presents special issues given the highly 

sensitive, and unchangeable, nature of the exposed data.1 The information published will result 

in long-lasting consequences for the victims of this data breach who are now subject to a lifelong 

threat of medical, financial, and personal fraud and identity theft requiring remediation. 

B. Procedural Background

Beginning in March 2015, Plaintiffs filed suit in the District Court for the Western 

District of Washington and District of Oregon against Defendant on behalf of themselves and a 

class of all individuals and entities whose medical, financial, and/or personal information was 

compromised as a result of the data breach disclosed by Premera on March 17, 2015. Various 

Plaintiffs have had their identities stolen and their personal information used by cyber criminals 

to open fraudulent accounts in their names. Together, Plaintiffs seek to redress Defendants’

negligence, breach of contract, breach of fiduciary duty, unjust enrichment, invasion of privacy, 

as well as violations of Washington consumer protection and data breach notification statutes. 

As described below, Proposed Interim Lead and Liaison Counsel recognized a potential conflict 

1 Unlike data breaches where credit and debit card information is exposed and victims can cancel 

their accounts, much of the personal information stolen here such as birthdays, address histories, 

Social Security numbers, and complete medical records cannot be changed by victims to 

eliminate their risks of identity theft and fraud. 

Page 3 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

 

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 7 of 37
in proceeding in Washington or Alaska and successfully moved the Judicial Panel on 

Multidistrict Litigation to transfer all cases for coordinated pre-trial proceedings to this District. 

II. ARGUMENT

A. The Court Should Appoint Interim Lead Counsel

Rule 23(g)(3) of the Federal Rules of Civil Procedure provides that a district court may 

“designate interim counsel to act on behalf of a putative class before determining whether to 

certify the action as a class action.” Courts routinely appoint interim lead counsel at early stages 

of the litigation prior to any determination of class certification. See, e.g., Ross v. Jack Rabbit 

Servs., LLC, No. 3:14-CV-00044-TBR, 2014 WL 2219236, at *5 (W.D. Ky. May 29, 2014)

(recognizing that interim lead counsel may be appointed prior to class certification and citing 

FED. R. CIV. P. 23(g)(3)); In re Cardinal Health, Inc. ERISA Litig., 225 F.R.D. 552, 554-55 (S.D. 

Ohio 2005) (same); In re Delphi ERISA Litig., 230 F.R.D. 496, 498 (E.D. Mich. 2005) (same). 

Interim appointment is consistent with the many tasks counsel must perform on behalf of the 

proposed class prior to class certification, which will include most of the following:

1. Present (to the court or defendants) the position of plaintiffs and the proposed 

class;

2. Conduct discovery;

3. Conduct settlement negotiations and, where appropriate, present a proposed class 

settlement to the court;

4. Delegate specific tasks to other counsel, in a manner designed to best ensure 

efficient and effective litigation on behalf of the proposed class and avoid any 

duplication of time and effort;

5. Enter into stipulations with opposing counsel;

6. Prepare and distribute status reports to class co-counsel;

7. Maintain detailed time and expense records for all class counsel; and

Page 4 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 8 of 37
8. Perform any other duties that may be incidental to the proper prosecution and 

coordination of pretrial activities.

See MANUAL FOR COMPLEX LITIGATION (FOURTH) §§ 10.221, 40.22 (4th ed. 2004).

In cases such as this, where various attorneys from many different law firms represent 

members of the proposed class, the appointment of interim lead counsel clarifies the attorneys’

roles and responsibilities, formally empowers them to act in the best interests of the proposed 

class, and assures defense counsel that they are dealing with the authorized representatives of the 

proposed class. See generally id. at § 21.11 (discussing the reasons that “[b]efore ruling on class 

certification, a judge should address . . . [w]hether to appoint interim class counsel . . . .”); see 

also In re Cardinal Health, 225 F.R.D. at 559 (explaining duties of interim counsel). This is 

especially true where, as here, thirty-nine cases have been filed on behalf of scores of plaintiffs 

represented by dozens of law firms. Appointment of interim lead counsel also eliminates any 

risk that a defendant will try to play rival class counsel against one another to the possible 

detriment of the class. Governance and Legitimacy in the Law of Class Actions, 1999 SUP. CT.

REV. 337, 388 (discussing the danger of a “race to the bottom” situation).

As discussed below, Proposed Interim Lead Counsel are highly qualified, will fairly and 

adequately represent the Plaintiffs and members of the putative Class, and their appointment is 

most appropriate.

B. Standards for Appointing Interim Lead Counsel

When designating interim lead counsel prior to ruling on class certification, courts 

consider the criteria used to select class counsel forth in Fed. R. Civ. P. 23(g)(1)(A) . Jack 

Rabbit Servs., 2014 WL 2219236 at *5; see also In re Packaged Ice Litig., No. 08-MD-01952, 

2009 WL 1518428, at *3 (E.D. Mich. June 1, 2009). These factors include:

Page 5 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 9 of 37
(i) the work counsel has done in identifying or investigating 

potential claims in the action; (ii) counsel’s experience in handling 

class actions, other complex litigation, and the types of claims 

asserted in the action; (iii) counsel’s knowledge of the applicable 

law; and (iv) the resources that counsel will commit to representing 

the class.

Fed. R. Civ. P. 23(g)(1)(A). This Court has identified additional criteria for selecting lead 

counsel, some of which overlap with the factors set forth in Federal Rule of Civil Procedure 

23(g)(1)(A):

(1) willingness and ability to commit to a time consuming process; 

(2) ability to work professionally, civilly, and cooperatively with 

others; (3) professional experience in complex litigation; and (4) 

access to sufficient resources to advance the litigation in a timely 

manner.

Pretrial Order No. 1 (Dkt. No. 7). Courts also may “consider any other matter pertinent to ability 

to fairly and adequately represent the interests of the class . . . .” Fed. R. Civ. P. 23(g)(1)(B). 

When all of these factors are considered, it is clear that Cafferty Clobes should be appointed 

Interim Lead Counsel for Plaintiffs and the proposed Class.

1. Proposed Interim Lead Counsel has Significant Relevant Experience 

and Knowledge of the Applicable Law

The qualifications and relevant experience of Cafferty Clobes as lead counsel in scores of 

class actions in federal and state courts throughout the country are detailed in the accompanying 

firm CV. See Exhibit B (Cafferty Clobes CV). In sum, Cafferty Clobes brings a wealth of 

litigation experience representing consumers and leading class actions, including consumer 

internet privacy cases, and class actions that have involved many of the sensitive and unique 

issues associated with the health care industry. 

Page 6 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 10 of 37
a. Cafferty Clobes Meriwether & Sprengel LLP

Cafferty Clobes is a leading, national class action firm with offices in Philadelphia, 

Chicago, and Ann Arbor, and more than twenty years of experience leading and handling 

complex consumer, internet privacy, antitrust, commodities, securities, employment and other 

commercial class actions. See Ex. B. 

For example, Cafferty Clobes helped pioneer the first internet privacy class cases aimed 

at protecting personal and private information and data from unauthorized collection and use by 

third-party websites and internet advertising companies. These cases eventually helped pave the 

way for the much more recent data breach cases, such as the instant action. For example, in 

Supnick v. Amazon.Com, Inc., and Alexa Internet, No. 00-CV-221 (W.D. Wash.), Cafferty 

Clobes served as co-lead counsel and successfully prosecuted a consumer privacy class action 

against Amazon and Alexa Internet for violating user privacy by secretly collecting personally 

identifying information of users without informed consent and exploiting that information for 

commercial gain. The firm’s leadership and efforts in that case resulted in a settlement that 

included programmatic and monetary relief that was approved by Judge Pechman and endorsed 

by the Federal Trade Commission. 

Cafferty Clobes has extensive experience leading and litigating complex class actions, 

including those addressing issues unique to the health care industry. For example, in In re 

Insurance Brokerage Antitrust Litig., MDL No. 1663 (D.N.J. 2005), the court appointed the firm 

as one of two co-lead counsel in what was then one of the largest antitrust and RICO class 

actions ever prosecuted in the United States. That multidistrict class litigation involved dozens 

of national insurance company and insurance brokerage firm defendants that conspired to 

allocate customers and policies among preferred insurers in a complicated, national scheme to 

Page 7 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 11 of 37
inflate premiums at the expense of policyholders. In that case, the Court assessed the 

qualification, experience and ability of Plaintiffs Class Co-Lead Counsel on multiple occasions, 

and each time determined that “these attorneys [Bryan Clobes and Edith Kallas] are clearly ‘well 

qualified and experienced class action attorneys who have been involved in similar . . . litigation 

around the country.’” In re Ins. Brokerage Antitrust Litig., MDL No. 1663, 2007 WL 542227, at 

*14 (D.N.J. Feb. 16, 2007) (quoting In re Warfarin Sodium Antitrust Litig., 212 F.R.D. 231, 250 

(D. Del. 2002), aff’d, 391 F.3d 516 (3d Cir. 2004)). Cafferty Clobes and its co-lead counsel 

ultimately negotiated and secured settlements totaling well over $300 million during nine years 

of hard fought litigation involving many of the largest law firms in the country, and coordinated 

work and staffing among more than fifty co-counsel firms, including a number of the firms and 

lawyers involved in the present case. 

As detailed in its CV, Cafferty Clobes has also successfully led many other complex class 

cases on behalf of consumers. See, e.g., In re New Motor Vehicles Canadian Export Antitrust 

Litig., 270 F.R.D. 30, 35 (D. Me. 2010) (co-lead counsel in multidistrict action resulting in a $37 

million settlement with Toyota and the Canadian Automobile Dealers’ Association); In re TriCor 

Indirect Purchaser Antitrust Litig., No. 05-360 (D. Del) (co-lead counsel for consumer and thirdparty payor plaintiffs in monopoly litigation resulting in a $67.5 million settlement); In re 

Relafen Antitrust Litig., 221 F.R.D. 260, 273 (D. Mass. 2004) (co-lead counsel in multidistrict 

antitrust action resulting in $75 million settlement for consumers and third-party payors who 

paid for branded and generic versions of the arthritis medication Relafen); In re Warfarin Sodium 

Antitrust Litig., 212 F.R.D. 231 (D. Del. 2002) (co-lead counsel in action alleging that defendant 

engaged in anticompetitive conduct that wrongfully suppressed competition from generic 

warfarin sodium, resulting in $44.5 million settlement). 

Page 8 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 12 of 37
The firm also currently represents consumers as lead counsel in various other class cases 

pending throughout the country. See, e.g., Skeen v. BMW of N. Am., Inc., 2:13-cv-01531-WHWCLW (D.N.J.) (co-lead counsel in action alleging that the defendant vehicle manufacturer failed 

to disclose an engine defect likely to result in catastrophic engine failure); Meyers v. Garmin 

Int’l, Inc., No. 13-CV-2416 (D. Kan. 2013) (lead counsel in nationwide class action under 

Kansas law alleging that defendant’s products use defective batteries prone to early failure);

Darisse v. Nest Labs, Inc., No. 5:14-cv-01363-BLF (N.D. Cal. 2014) (co-lead counsel in action 

alleging consumer fraud in connection with sale of “smart” thermostats); Hadley v. Chrysler 

Group, LLC, No. 13-cv-13665 (E.D. Mich. 2013) (lead counsel in a consumer class case 

asserting breach of warranty and consumer fraud claims brought on behalf of Jeep Cherokee 

owners whose vehicles contain defective airbags); Traxler v. PPG Industries, Inc., No. 1:15-cv00912-DAP (N.D. Ohio 2015) (co-lead counsel in a consumer class action brought on behalf of 

purchasers of deck stain); Bergman v. DAP Products, Inc., No. 1:14-cv-03205 (D. Md. 2014) 

(co-lead counsel in a consumer class action brought on behalf of purchasers of X-Hose 

products); Sharp v. Watts Regulator Co., No. 1: 14-cv-14080 (D. Mass. 2014) (co-counsel in a 

consumer class action brought on behalf of purchasers and owners of allegedly defectively 

designed or manufactured flexible braided stainless steel water heater supply lines); Klug v. 

Watts Regulator Co., No. 8:15-cv-00061 (D. Neb. 2015) (co-counsel in a consumer class action 

brought on behalf of purchasers and owners of allegedly defective thermocouples). There is no 

question that Cafferty Clobes is well-suited to efficiently and effectively lead, manage, and guide 

this action for the benefit of Plaintiffs and the Class. 

As demonstrated by its experience leading and managing complex class actions, Cafferty 

Clobes attorneys have significant relevant experience and knowledge of the applicable law. The 

Page 9 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 13 of 37
following firm attorneys have been and will continue to be integrally involved in the 

investigation and prosecution of this action.

Bryan L. Clobes is a named partner and has been with the firm since six months after its 

formation in 1992. He is a resident in the firm’s Philadelphia, Pennsylvania Office. Mr. Clobes 

has extensive experience leading and litigating consumer and other complex class cases. Mr. 

Clobes has represented clients in all the firm’s major industry areas, including pharmaceuticals, 

airlines, insurance and financial services, telecommunications, technology, retailing and 

manufacturing. In connection with a recent case, the court assessed the qualification, experience 

and ability of Plaintiffs Class Co-Lead Counsel on multiple occasions, and each time determined 

that “these attorneys [Bryan Clobes and Edith Kallas] are clearly well qualified and experienced 

class action attorneys who have been involved in similar . . . litigation around the country.” In re 

Ins. Brokerage Antitrust Litig., 2007 WL 542227, at *14 (internal quotations omitted). Mr. 

Clobes has attained the highest rating, “A V”, from Martindale-Hubbell and has been selected as 

a “Super Lawyer” over ten times. Prior to joining the firm, Mr. Clobes served as Trial Counsel 

for the Commodity Futures Trading Commission in Washington, D.C. During and after 

graduating from Villanova University School of Law, Mr. Clobes clerked for Judges Arlin M. 

Adams of the U.S. Court of Appeals for the Third Circuit, Mitchell H. Cohen of the U.S. District 

Court for the District of New Jersey, and Joseph Kaplan of the Maryland Circuit Court in 

Baltimore. Mr. Clobes is a graduate of the University of Maryland, where he obtained his 

Bachelor’s Degree. Mr. Clobes is a long-standing member of the bars in New Jersey and 

Pennsylvania, the Supreme Court of the United States, the United States Courts of Appeals for 

the Third Circuit, and the United States District Courts for the Eastern District of Pennsylvania, 

Page 10 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 14 of 37
District of New Jersey, and the Eastern District of Michigan. Mr. Clobes’s certificate of good 

standing for Pennsylvania is attached hereto as Exhibit C.

Jennifer Winter Sprengel is a Partner at Cafferty Clobes’ Chicago office. Ms. Sprengel 

is a 1990 graduate of DePaul University College of Law, where she was a member of the DePaul 

University Law Review. She received her undergraduate degree from Purdue University in 1987. 

Ms. Sprengel has handled a variety of commercial litigation matters in both state and federal 

court. Ms. Sprengel is admitted to practice law in Illinois, the United States District Court for 

the Northern District of Illinois and the United States Court of Appeals for the Third and Seventh 

Circuits. Ms. Sprengel currently serves as Co-Chair of the Class Action and Derivative Suits 

Committee of the American Bar Association’s Litigation Section. Ms. Sprengel has requested 

her certificate of good standing, which will be filed prior to the August 7, 2015 hearing.

Nyran Rose Rasche joined Cafferty Clobes Meriwether & Sprengel LLP in 2003 and is 

resident in its Chicago, Illinois Office. Ms. Rasche received her undergraduate degree cum laude

from Illinois Wesleyan University in 1995, and earned her law degree from the University of 

Oregon School of Law in 1999. Following law school, Ms. Rasche served as a clerk to the 

Honorable George A. Van Hoomissen of the Oregon Supreme Court. She is the author of 

Protecting Agricultural Lands: An Assessment of the Exclusive Farm Use Zone System, 77

Oregon Law Review 993 (1998). Ms. Rasche has been admitted to practice in the states of 

Oregon (inactive) and Illinois, as well as the United States District Courts for the Northern 

District of Illinois and the Southern District of Illinois. She is also a member of the Chicago Bar 

Association. Ms. Rasche has requested her certificate of good standing, which will be filed prior 

to the August 7, 2015 hearing.

Page 11 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 15 of 37
Kelly L. Tucker joined Cafferty Clobes’ Philadelphia office as an Associate in 2011. 

Ms. Tucker is admitted to practice in Pennsylvania and New York and before the District Court 

for the Eastern District of Pennsylvania. Ms. Tucker received her law degree from Fordham 

University School of Law in 2010. While attending Fordham, Ms. Tucker was the Executive 

Notes and Articles Editor of the Fordham Journal of Corporate and Financial Law and a 

member of the Executive Board of Fordham Law Moot Court. Ms. Tucker published a Note on 

the subject of antitrust litigation entitled, “Five Years after Empagran—Lights out on Foreign 

Activity Falling under Sherman Act Jurisdiction?,” and served as a Judicial Intern to the 

Honorable Douglas Eaton, a Magistrate Judge in the District Court for the Southern District of 

New York. Since joining the firm, Ms. Tucker has had substantial experience in the litigation of 

complex class actions, including high-level involvement in the prosecution of several consumer 

class cases. Ms. Tucker is an alumnus of the American University Honors Program, graduating 

from American University in Washington, D.C. in 2003 with her Bachelor’s degree. Ms. 

Tucker’s certificate of good standing for Pennsylvania is attached hereto as Exhibit D.

The biographical information of additional Cafferty Clobes counsel who will work on the 

litigation as needed is included in Exhibit B.

C. The Court Should Appoint Interim Liaison Counsel

Proposed Interim Lead Counsel also ask the Court to appoint Stoll Berne as Interim 

Liaison Counsel (firm CV and attorney biographies attached hereto as Exhibit E). A court, in its 

discretion, may appoint interim liaison counsel to assist interim lead counsel primarily with 

administrative matters. See MANUAL FOR COMPLEX LITIGATION (FOURTH) § 10.221. “Liaison 

counsel generally assists lead counsel with administrative matters, such as filings, 

communications with the Court, convening meetings of counsel, assuring compliance with local 

Page 12 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 16 of 37
rules, and attending hearings.” Smith v. State Farm Mut. Auto. Ins. Co., 301 F.R.D. 284, 288 

(N.D. Ill. 2014). Furthermore, tasks to be performed by liaison counsel in this litigation include 

the following: 

1. Work in conjunction with co-lead counsel to assist in coordination of meetings, 

discovery, litigation positions, and other tasks deemed necessary by co-lead 

counsel;

2. Ensure that Plaintiffs comply with all local rules and procedures governing the 

practice of law before the United States District Court for the District of Oregon;

3. Maintain and distribute to co-counsel and to defendants' liaison counsel an up-todate service list;

4. Receive and, as appropriate, distribute to co-counsel orders from the court and 

documents from opposing parties and counsel; and

5. Establish and maintain a document depository. 

See MANUAL FOR COMPLEX LITIGATION (FOURTH) §§ 40.22; 10.221.

Stoll Berne is well situated to serve as Interim Liaison Counsel. Stoll Berne specializes in 

plaintiffs’ consumer fraud, securities and antitrust class action litigation and practices extensively 

before this Court. Stoll Berne has been appointed lead, co-lead or liaison counsel in numerous 

class actions. In addition, Stoll Berne has extensive experience litigating cases involving 

healthcare issues and health insurance. 

The Oregon District Court has previously appointed Stoll Berne as lead counsel in a 

number of class actions, including the following: 

• A.F. et al v. Providence Health Plan, No. 3:13-cv-00776-SI (lead counsel in ERISA case 

against health insurer regarding blanket exclusion of treatment for people with autism. 

Court ruled health insurance policy exclusion was invalid under state and federal law. 

Case still pending.).

• Chehalem Physical Therapy, Inc. v, Coventry Health Care, Inc., No. 3:09-cv-320-HU 

(lead counsel in a nationwide breach of contract class action for healthcare providers 

against the largest PPO in the country, $11.3 million settlement);

Page 13 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 17 of 37
• In re Rite Aid (Cedano v Rite Aid Corporation), No. 2:10-cv-00237 (co-lead counsel in 

employment class action, $20.9 million settlement);

• Reynolds v. Hartford, No. 01-1529-BR, (lead counsel in a nationwide Fair Credit 

Reporting Act case, $85 million settlement);

• In re Southern Pacific Funding Corporation Securities Litigation, No. cv-98-1239-MA 

(appointed co-lead counsel in nationwide securities class action, $20 million settlement);

• In Re Louisiana Pacific Corp. Securities Litigation, No. 95-707-JO (appointed lead 

counsel in nationwide securities fraud case, $65 million settlement);

 

• In Re Assisted Living Concepts, No. 99-167-AA (appointed lead counsel in nationwide 

securities fraud case, $43.5 million settlement); and

• In Re Melridge Sec. Litig., No. 87-1426-FR (appointed co-lead and liaison counsel in 

nationwide securities fraud, $88 million verdict). 

This Court has also appointed Stoll Berne as Liaison Counsel and/or to serve on the 

Plaintiffs’ Steering Committee in Arnett v. Bank of America, 3:11-cv-01372-SI; In re Farmers 

Insurance Exchange Claims Representatives’ Overtime Pay Litigation, MDL Docket No. 1439; 

and in In re Vestas Wind Systems A/S Securities Litigation, 3:11-cv-00585-MO. This Court has 

also approved Stoll Berne as class counsel in Phelps v. 3PD, Inc., 3:08-cv-00387-HU, 261 FRD 

548 (D. Or. 2009) (employment class action). Stoll Berne has also served as class counsel in In 

re FedEx Ground Package Sys., Inc. (Slayman v. FedEx Ground Package Sys., Inc., 3:05-cv01127-HZ) (multi-district employment class action).

Stoll Berne also has been appointed or acted as lead or co-lead counsel in numerous state 

class actions in Oregon and in other federal actions, including: 

• In re JPMorgan Chase & Co. Securities Litigation (S.D.N.Y. Case No. 1:12-cv-03852-

GBD) (special counsel to the co-lead plaintiff);

Page 14 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 18 of 37
• In re: Bank of New York Mellon Corporation Foreign Exchange Transactions Litigation

(S.D.N.Y. Case No. 1:12-md-02335-LAK-JLC) (co-counsel for lead plaintiff in federal 

securities case);

• Marchese v. Cablevision Systems Corporation (D.N.J. Case No. 2:10-cv-02190-MCAMAH) (co-counsel for lead plaintiffs in antitrust putative class action);

• Perez-Marcos v. Bottomly Farms, (Mult. Co. No. 1202-02639) (co-lead counsel in 

employment class action);

• Batiste v. Quantum (Mult. Co. No. 1102-02645) (appointed lead counsel in landlordtenant class action); 

• Barlean v. Black & Co., et al., (Mult. Co. Case No. 9012-07865) (appointed lead counsel 

in securities case on behalf of investors against auditors, Deloitte & Touche. Jury verdict 

in favor of plaintiffs resulted in total recovery for the class in excess of $6 million);

• Wilson v. Smurfit Newsprint Corp., (Mult. Co. No. 9912-13689) (co-lead counsel in 

Oregon employment class action); and

• In Re Exxon Valdez Oil Spill Litig., (Alaska Super. No. 3AN-89-2533) (appointed as one 

of several co-lead counsel). 

Stoll Berne’s experience leading and litigating complex class action cases both within 

and without this District make it well suited to serve as Interim Liaison Counsel in this case. See 

also Firm CV and Attorney Bios, Ex. E. Certificates of Good Standing for Stoll Berne attorneys 

Keith Dubanevich, Steve Larson, and Mark Friel are filed herewith as Exhibit E-1.

D. Each of the Factors set forth in Rule 23(g)(1)(A) and the Court’s Pretrial 

Order Support Appointment of Cafferty Clobes as Interim Lead Counsel 

and Stoll Berne as Interim Liaison Counsel

1. Proposed Interim Lead Counsel have Put Forth Significant Work in 

Identifying and Investigating Potential Claims in the Actions

The amount of time and effort counsel puts into the case prior to class certification is a 

significant factor in appointing interim class counsel. See Nowak v. Ford Motor Co., 240 F.R.D. 

355, 363 (E.D. Mich. 2006) (appointing as interim lead counsel firms that “have demonstrated a 

Page 15 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 19 of 37
commitment to identifying and investigating potential claims in the action . . . any added time 

these Plaintiffs’ attorneys took to prepare and file their complaints resulted in a superior draft of 

a complaint.”). Cafferty Clobes have done an extensive amount of work identifying and 

investigating potential claims in this action. The firm has (a) communicated with numerous class 

members and defense counsel; (b) investigated the cause and effects of the data breach; (c) 

drafted detailed complaints; (d) communicated with industry experts concerning the nature and 

impact of the Premera data breach; and (e) investigated and identified potential conflicts in 

proceeding in the District Court for the Western District of Washington—including that Premera 

administers the Federal Employee Health Benefit plans for federal court employees and over six 

million Washington residents (of seven million total) are victims of the data breach—and with 

co-counsel Chimicles & Tikellis LLP (“C&T”) were the only parties to successfully argue that 

the multidistrict litigation be transferred to the District Court for the District of Oregon. See

MDL No. 2633 (J.P.M.L.) (Dkt. No. 35).

2. Proposed Interim Lead Counsel and Proposed Interim Liaison 

Counsel have Committed, and will Continue to Commit, Significant 

Time and Resources to Litigate the Actions

The work Cafferty Clobes and Stoll Berne have already undertaken in identifying and 

investigating potential claims in this case also supports their requested appointments and indicate

the extensive resources they will commit to representing the Class. The firms have identified 

and investigated the factual bases of the allegations in the Actions by communicating with 

putative class members, identified the pertinent issues and worked with experts relating to 

damages and liability issues, determined the viable legal theories that could be brought in the 

Actions and filed claims, identified potential conflicts of trying the case in the Western District 

of Washington, and initiated and led numerous efforts to privately order all Plaintiffs’ counsel 

Page 16 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 20 of 37
and cases in order to avoid contested motion practice and present the court with a consensus 

organizational structure. 

Cafferty Clobes and Stoll Berne have already committed the time and efforts of 

numerous attorneys to the legal research, factual investigation and prosecution of the case, and 

will continue to do so, keeping in mind appropriate staffing levels for each project. Further, the 

firms have conducted significant investigations of potential class member claims, which are 

ongoing. 

Cafferty Clobes and Stoll Berne are ready, willing, and able to continue to commit the 

resources necessary to litigate this case vigorously. See, e.g., Stanich v. Travelers Indemn. Co.,

259 F.R.D. 294, 320 (N.D. Ohio 2009) (“the Plaintiffs’ counsels’ conduct to date, as well as the 

Court’s familiarity with these attorneys and firms, clearly indicates that they have sufficient

resources to prosecute this action and intend to apply themselves to the task diligently”); Nowak, 

240 F.R.D. at 362-63 (appointing lead counsel that court determined “will also be able to commit 

adequate resources to this matter”). The resources of Cafferty Clobes and Stoll Berne, combined 

with the commitments of other firms who lend their support to this Motion to provide all 

necessary resources, will ensure that this litigation is well-funded and efficiently and effectively 

staffed. The extensive pre-filing investigation clearly demonstrates that counsel have the will 

and ability to commit the necessary time and resources to assure a strong and well-supported 

prosecution. Further, the firms’ resources are not merely financial, but also include their 

experience discussed below, which will greatly benefit the Plaintiffs and proposed class. The 

ability to draw from this experience will streamline the litigation and ensure that Plaintiffs’

claims are well-litigated. As Interim Lead and Liaison Counsel, respectively, Cafferty Clobes 

Page 17 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 21 of 37
and Stoll Berne will continue to commit the same resources and effort to this case as they have 

committed to their other, successful actions.

3. Proposed Interim Lead has a Proven Track Record of Working 

Cooperatively with Counsel in the Case and have Secured Significant 

Support for their Appointment 

Cafferty Clobes has a proven track record of successful collaboration with other firms in 

the consolidated actions. These cooperative relationships have a proven track record of 

benefitting the plaintiffs and classes they represented. See, e.g., In re Apple iPhone/iPod 

Warranty Litig., No. 10-cv-1610-RS (N.D. Cal.) (Dkt. No. 154) (granting final approval to $53 

million settlement to class represented by C&T and Cafferty Clobes); Bergman v. DAP Products, 

Inc., No. 14-cv-3205-WSQ (D. Md.) (Dkt. No. 40) (Cafferty Clobes and C&T appointed co-lead 

counsel in a consolidated consumer class action concerning the marketing and sale of defective 

garden hoses); In re Ins. Brokers Antitrust Litig., MDL No. 1633 (D.N.J.) (As co-lead counsel, 

Cafferty Clobes worked with Hausfeld LLP, Lite DePalma & Greenberg LLC, C&T, Zwerling 

Schachter & Zwerling); In re Hyundai and Kia Fuel Economy Litig., MDL. No. 2424 (C.D. Cal.) 

(Cafferty Clobes worked with Girard Gibbs and other firms involved in this litigation to achieve 

a favorable settlement); Skeen v. BMW of N. Am., LLC, No. 2:13-cv-1531 (D.N.J.) (Cafferty 

Clobes as co-lead counsel is currently working effectively with Morgan & Morgan and Adhoot 

& Wolfson, P.C.); In re New Motor Vehicles Canadian Export Antitrust Litig., MDL No. 1532 

(As a member of the court-appointed leadership structure, Cafferty Clobes worked with Milberg

LLP and Hausfeld LLP). 

Further supporting their motion for appointment as Interim Lead and Liaison Counsel, 

respectively, Cafferty Clobes and Stoll Berne have the support of many firms with extensive 

leadership and litigation experience in data breach, privacy, and consumer class actions who 

Page 18 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 22 of 37
have and would likely seek appointment as lead counsel themselves here but for their support of 

Cafferty Clobes and Stoll Berne. A brief summary of the leadership experience of a number of 

these firms are detailed below. 

a. Heins Mills & Olson

Heins Mills & Olson (“Heins Mills”) has extensive experience leading consumer classes 

in data breach litigation. On May 15, 2014, Heins Mills & Olson partner Vincent Esades was 

appointed sole lead counsel for the consumer class in In Re: Target Corporation Customer Data 

Security Breach Litigation, C.A. No. 14-CV-4975, MDL No. 14-2522 (PAM/JJK) (D. Minn.), a 

nationwide action arising from one of the largest breaches of payment-card security in United 

States retail history. Over a period of more than three weeks during the 2013 holiday shopping 

season, malicious software infiltrated Target’s computer system and siphoned credit- and debitcard information and other personal data of an estimated 110 million customers.

On December 18, 2014, the court denied in large part Target’s motion to dismiss and the 

case is ongoing. Surmounting Target’s motion to dismiss was particularly challenging in the 

wake of decisions granting motions to dismiss in the vast majority of other cases where 

customers sought compensation for theft of their personal data from other U.S. retailers. To 

distinguish Target from the crowd, where customers claimed only the potential for future injury, 

Heins Mills was careful to allege in detail actual injury to the class representatives in the form of 

unauthorized charges on their cards, lost access to their accounts, and payment of late fees, cardreplacement fees, credit monitoring costs and other financial harm, as well as harm flowing from 

additional future abuse of their sensitive information arising from sale of consumers’ data on the 

Internet black market. 

Page 19 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 23 of 37
On February 17, 2015, Heins Mills was appointed to the Financial Institutions Plaintiffs’ 

Steering Committee in In re: The Home Depot, Inc., Customer Data Security Breach Litigation, 

Case No.: 1:14-md-02583-TWT (N.D. Ga.), which arose from another one of the largest 

payment-card security breaches in the nation’s history. The firm serves on the Law & Briefing 

Committee. Home Depot has filed a motion to dismiss, which the parties are currently briefing.

Heins Mills has also represented consumers injured by violations of a wide variety of 

deceptive trade practices and consumer protection laws. The firm has brought class action 

claims on behalf of all types of consumers, including purchasers of prescription drugs, long 

distance telephone service, air compressors, smoke detectors, lawn mower engines and hearing 

aids. Examples of Heins Mills leadership roles in these consumer cases include:

Co-lead counsel in Glaberson (formerly Behrend) v. Comcast Corp., No. 03-6604 (E.D. 

Pa.), a long-running antitrust case alleging that Comcast restrained trade and monopolized the 

cable television market in the Philadelphia area. On December 12, 2014, the court certified a 

settlement class and granted preliminary approval of a settlement comprising both cash payments 

for former subscriber class members and credits and services for current subscribers. The final 

approval hearing is scheduled for September 9, 2015.

Co-lead counsel in In re Fiber Optic Cable Litigation, which comprises multi-state 

litigation against major telecommunications companies and utilities to vindicate the rights of 

landowners whose property was used for the installation of fiber optic cable without 

compensation. In that capacity Heins Mills participated in fashioning an innovative global 

settlement that comprises separate agreements on a state-by-state basis. To date, a total of 42 

state settlements have received final approval.

Page 20 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 24 of 37
Co-lead counsel for nationwide consumer classes in In re Aftermarket Filters Antitrust 

Litigation, MDL No. 1957 (N.D. Ill.), which alleged antitrust, consumer protection and unfair 

competition claims against leading manufacturers of replacement vehicle filters on behalf of 

consumer purchasers from multiple states. Settlements with all defendants were reached and 

received final approval.

A copy of Heins Mills’s firm CV detailing additional relevant experience is attached 

hereto as Exhibit F.

b. Chimicles & Tikellis LLP

C&T and firm partner Joseph Sauder have successfully prosecuted numerous complex 

class action cases in leadership roles and Mr. Sauder has been significantly involved in the 

prosecution of the instant litigation. As lead counsel in many complex consumer class action 

cases, including litigation on behalf of data breach victims, C&T has conferred substantial 

benefits upon class members, including the following cases: 

• In re Heartland Payment Systems, Inc. Customer Data Security Breach Litig., No. 09-

MD-02046 (S.D. Tex.): C&T served as co-lead counsel in the Heartland data breach, 

which remains the largest data breach in history. The firm represented a putative class of 

banks, credit unions, and financial institutions that had re-issued debit and credit cards, 

incurred unreimbursed fraudulent charges, or were otherwise injured as a result of the 

data breach.

• Roma Pizzeria v. Harbortouch, HNT-L-637-12 (N.J. Super. Ct.): C&T was appointed 

Class Counsel in a settled and approved class action case against Harbortouch alleging 

improper fees charged by the credit card processing merchant. They achieved a $7.2 

million settlement on behalf of approximately 38,000 settlement class members. 

• In re Checking Account Overdraft Litig., 1:09-MD-02036-JLK (S.D. Fla.): C&T was 

appointed a Team Leader in the Multidistrict Litigation proceedings against Comerica 

Bank and U.S. Bank. As a Team Leader, they achieved a $55 million settlement against 

U.S. Bank and a $14.5 million settlement against Comerica Bank.

Page 21 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 25 of 37
• Henderson v. Volvo Cars of North America, LLC, No. 2:09-cv-04146-CCC-JAD 

(D.N.J.): C&T served as lead counsel in a settled and approved class action case against 

Volvo alleging catastrophic transmission failure in the 2003-2005 XC90 T6 model Volvo 

vehicles. In granting final approval of the settlement and appointing C&T as counsel for 

the settlement class of over 90,000 class members, Judge Cecchi noted “[a]s discussed in 

the section on class certification, Class Counsel are experienced in litigating and settling 

consumer class actions. Class Counsel obtained substantial benefits for the Class 

Members — despite vigorous defense by Volvo’s counsel — a consideration that further 

evidences Class Counsels’ competence.” Henderson v. Volvo Cars of N. Am., LLC, No. 

09-4146, 2013 U.S. Dist. LEXIS 46291, at *51-52 (D.N.J. Mar. 22, 2013).

• Physicians of Winter Haven LLC, d/b/a Day Surgery Center v. STERIS Corp., No. 1:10-

cv-00264-CAB (N.D. Ohio): C&T served as a court-appointed lead counsel and achieved 

a $20 million settlement on behalf of hospitals and surgical centers that purchased a 

sterilization device that allegedly did not receive the required pre-sale authorization from 

the FDA. 

• Whalen v. Ford Motor Company, No. 13-3072-EMC (N.D. Cal.): C&T currently serves 

as co-lead counsel in a class action lawsuit on behalf of current and former owners and 

lessees of Ford and Lincoln vehicles related to an alleged design defect with the Sync®, 

MyFordTouch®, and MyLincoln® Touch systems. After extensive briefing and oral 

argument regarding Defendant’s motion to dismiss, Judge Chen upheld the majority of 

Plaintiffs’ causes of action in the complaint and the litigation is currently in the discovery 

phase.

• Lax v. Toyota Motor Corporation, No. 3:14-cv-01490-WHO (N.D. Cal.): C&T was 

appointed interim lead counsel on behalf of current and former owners and/or lessees of 

Toyota vehicles that suffer from excessive oil consumption due to allegedly defective 

engine piston rings.

• Cole v. NIBCO, Inc., No. 3:13-cv-07871-FLW-TJB (D.N.J.): C&T was appointed interim 

co-lead counsel in a class action lawsuit on behalf of consumers who purchased NIBCO’s 

allegedly defective plumbing products, including PEX tubing and clamps, or otherwise 

had those plumbing products installed in their homes or other structures.

A copy of C&T’s firm CV detailing additional relevant experience is attached hereto as 

Exhibit G.

c. Zwerling, Schachter & Zwerling, LLP

Zwerling, Schachter & Zwerling, LLP (“ZSZ”) has been a leader in prosecuting class 

actions on behalf of consumers and shareholders for over three decades. ZSZ has served as lead 

Page 22 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 26 of 37
counsel in numerous cases involving claims under antitrust, consumer protection and securities 

laws. ZSZ is known for its persistent and zealous pursuit of both monetary relief and 

fundamental change benefitting both consumers and shareholders. For example, in In re Cipro 

Cases I and II, JCCP Nos. 4154 & 4220 (Sup. Ct. Cal.), an antitrust class action on behalf of 

consumers and third-party payors in California, ZSZ achieved a settlement with one of the 

pharmaceutical defendants after a decade-long battle which resulted in a $74 million dollar 

distribution to class members in 2015. At a time when similar cases throughout the country were 

being dismissed or avoided, ZSZ continued to pursue its efforts to stop pharmaceutical 

companies from entering agreements that fixed the price of prescription drugs at the expense of 

the public. In March, 2015, ZSZ’s persistence was rewarded when the Supreme Court of 

California issued its landmark decision declaring illegal “reverse payment agreements” between 

pharmaceutical manufacturers when the parties “privately agree to substitute consensual 

monopoly in place of potential competition.” In re Cipro Cases I & II, 61 Cal.4th 116, 130 (Cal. 

2015). 

ZSZ also currently serves as a lead counsel in a number of cases including Kasilag v. 

Hartford Inv. Fin. Servs., LLC, No. 1:11-cv-01083-RMB-KMW (D.N.J.), challenging the fees 

charged by investment advisors to certain mutual funds as excessive and a breach of fiduciary 

duty under the Investment Company Act of 1940. 

ZSZ has also led efforts to insure that eligible class members receive the benefits of any 

judgments or settlements obtained by ZSZ on their behalf. In BP Prudhoe Bay Royalty Trust 

Sec. Litig., No. C06-1505 MJP (W.D. Wa.), under ZSZ’s leadership, an additional $4.5 million 

dollars was able to be distributed to nearly 1,500 individual class members with small 

investments who had proven difficult to identify and locate.

Page 23 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 27 of 37
ZSZ also served as liaison counsel in the data breach class action Lovell v. P.F. Chang’s 

China Bistro, Inc., No. 2:14-cv-01152 RSL (W.D. Wa.).

A copy of ZSZ’s firm CV detailing additional relevant experience is attached hereto as 

Exhibit H.

d. Goldman Scarlato & Penny, P.C. (“GSP”)

Goldman Scarlato & Penny, P.C. (“GSP”) has experience litigating data breach class 

actions. GSP recently served on both the Complaint and Briefing Committees in In re: Target 

Corporation Customer Data Security Breach Litigation, MDL No. 2522 (D. Minn. 2014). In 

that capacity, GSP collaborated with other attorneys to create a 600+ page memorandum 

surveying potential claims in data breach class actions in all 50 states and also drafted sections of 

the master amended complaint. GSP also helped to successfully defend the sufficiency of those 

allegations by briefing sections of the opposition to Target’s motion to dismiss.

GSP also serves on the Plaintiffs’ Steering Committee in In re: Community Health 

Systems, Inc., Consumer Security Data Breach Litigation, MDL No. 2595 (N.D. Ala. 2015). 

GSP serves as Chair of the Plaintiff Selection Committee, which was charged with vetting more 

than 200 potential plaintiffs and organizing discovery issues related to those parties. GSP was 

also called on to help draft the master amended complaint and expects to be substantially 

involved in briefing and discovery tasks as the case progresses. 

In addition, GSP is currently serving as lead or co-lead counsel in Kaufman v. CVS 

Caremark Corp. (D.R.I. 2014) (alleging false and misleading statements in the sale and 

packaging of vitamin E); Mirakay v. Dakota Growers Pasta Co. (D.N.J. 2013) (alleging false 

and misleading advertising of pasta products); Boris v. Walmart, 13-cv-07090 (C.D. Cal. 2013) 

(alleging consumer deception in sale of migraine medication); Allan v. Realcomp II (E.D. Mich. 

Page 24 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 28 of 37
2010) (alleging price-fixing in the market for real estate brokerage services); In re Biozoom Inc. 

Securities Litigation, 1:14-cv-01087 (N.D. Ohio 2014) (alleging violations of the Securities Act 

of 1933 and various Blue Sky laws for the sale of unregistered securities); In re Class 8 Truck 

Transmission Indirect Purchaser Antitrust Litigation, 11-cv-00009 (D. Del. 2009) (alleging an 

antitrust conspiracy in the market for linehaul truck transmissions); Boland v. Columbia MultiListing Service (D.S.C. 2009) (alleging price-fixing in the market for real estate brokerage 

services); and Robertson v. Hilton-Head Multi-Listing Service (D.S.C. 2009) (alleging pricefixing in the market for real estate brokerage services). 

GSP attorneys have also recently served as lead or co-lead counsel on significant, 

successful securities fraud actions, including In re Accuray, Inc. Securities Litigation ($13.5 

million settlement), In re K12 Securities Litigation ($6.75 million recovery), In re Coinstar 

Securities Litigation ($6 million settlement) and In re Spectranetics Securities Litigation ($8.5 

million settlement).

A copy of GSP’s firm CV detailing additional relevant experience is attached hereto as 

Exhibit I.

e. Barrack, Rodos & Bacine

Barrack, Rodos & Bacine (“BR&B”) has been extensively involved for almost forty 

years in nationwide, complex, mega-class action litigation seeking to recover economic damages 

for aggrieved individuals and class members, successfully recovering billions of dollars, 

including numerous actions that alone have secured recoveries in excess of $1 billion dollars.

The Firm has held significant leadership positions in scores of these complex litigations, having 

been appointed by courts as a lead or co-lead counsel in nationwide class actions throughout the 

United States. The Firm has extensive experience in class action issues, loss causation and 

Page 25 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 29 of 37
damages issues, and has achieved significant recoveries at trial, after appellate proceedings, and 

through negotiated settlements.

Among its many notable cases and recoveries as a lead or co-lead counsel are: In re 

WorldCom, Inc. Securities Litig., Master File No. 02-cv-3288 (DLC) (S.D.N.Y.), settlements 

recovering $6.19 billion for class members, the largest securities class action recovery in the 

Southern District of New York and in the Second Circuit, which included settlements of over $3 

billion after the Court denied defendants’ summary judgment motions and $65 million after 

nearly five weeks of trial against WorldCom’s outside auditor; In re Cendant Corporation 

Litigation, No. 98-cv-1664 (D.N.J.), settlements recovering more than $3.3 billion, the largest 

securities class action recovery in the District of New Jersey and in the Third Circuit; In re 

McKesson HBOC, Inc. Securities Litigation, Master File No. CV-99-20743 RMW (N.D. Cal.), 

settlements recovering $1.052 billion for the class, the largest securities class action recovery in 

the Northern District of California and in the Ninth Circuit; In re The Pepsi Bottling Group, Inc. 

Shareholder Litigation, Consolidated C.A. No. 4526-VCS (Del Ch.), settlements securing an 

additional $1.022 billion in value, and other beneficial terms; In re Vitamins Antitrust Litigation, 

MDL No. 1285 (D.D.C.) serving as member of Executive Committee in this international pricefixing action recovering over $1 billion; In re American International Group, Inc. 2008 

Securities Litigation, Case No. 08-cv-4772-LTS-DCF (S.D.N.Y.), settlements totaling $970.5 

million; In re Chiron Shareholder Deal Litigation, Case No. RG 05-230567 (Alameda Cty. Cal. 

Superior Ct.), securing a benefit to the class via settlement of approximately $880 million; In re 

Apollo Group, Inc. Securities Litigation, Master File No. CV-04-2147-PHX-JAT (D. Ariz.), 

unanimous jury verdict after a trial extending from November 2007 through January 2008 and 

recovery of $145 million for class members after an extensive appellate process upholding the 

Page 26 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 30 of 37
jury verdict in full, the largest post-jury verdict recovery in the history of securities class action 

litigation under the Private Securities Litigation Reform Act of 1995; In re Graphite Electrodes 

Antitrust Litigation, Master File No. 97-CV-4182 (CRW) (E.D. Pa.), settlements recovering in 

excess of $133 million; In re Flat Glass Antitrust Litigation, Master Docket Misc. No. 97-550, 

MDL 1200 (W.D. Pa.), settlements of more than $120 million; In re Automotive Refinishing 

Paint Antitrust Litigation, 2:10-MD-01426-RBS (E.D. Pa.), settlements exceeding $105 million;

Gutierrez v. Charles J. Givens Organization, et al., Case No. 667169 (San Diego Cty. Cal 

Superior Ct.), jury verdict in excess of $14 million for the plaintiff consumer class in an action 

arising under the California’s Unfair Competition Law. BR&B also served as a co-lead counsel 

or participated in the prosecution group in a series of “Senior Annuity” cases, which achieved 

settlements valued in the aggregate between $552 million and $1.273 billion. 

A copy of BR&B’s firm CV detailing additional relevant experience is attached hereto as 

Exhibit J.

f. Cohen & Malad, LLP

Cohen & Malad, LLP is an experienced firm with significant class action leadership and 

litigation experience. Over the last 25 years, the firm has successfully litigated a wide range of 

class action matters, including serving on the executive committee in the historic litigation 

brought against Swiss banks on behalf of Holocaust survivors, and more recently as lead counsel 

in antitrust actions involving the ready mixed concrete industry in Indiana and in Iowa. The firm 

has extensive experience in obtaining recoveries in class actions brought against government 

agencies and in pursuing consumer class claims in a wide variety of matters, including data 

breach actions. Cohen & Malad, LLP possesses extensive resources to vigorously prosecute 

class action cases of any scale.

Page 27 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 31 of 37
A copy of Cohen & Malad’s CV detailing additional relevant experience is attached 

hereto as Exhibit K. 

g. Pogust Braslow & Millrood

Pogust Braslow & Millrood, LLC is a national law firm based outside of Philadelphia. 

For more than 25 years, Harris Pogust has successfully prosecuted many class actions, including 

Pigford v. Glickman, District of Columbia, Circuit Court, Case Nos. 99-5222, 99-5223, a 1.25 

Billion dollar settlement on behalf of black farmers against the United States Department of 

Agriculture for discrimination in its allocation of farm loans and assistance. Pogust Braslow & 

Millrood, LLC has been lead counsel and/or on the plaintiffs’ steering committees in numerous 

class actions, collective actions, complex litigation cases, and multi-district litigations and has 

experience with class action litigation and the relevant issues in evaluating and settling class 

action claims. Moreover, Pogust Braslow & Millrood possesses the extensive resources 

necessary to vigorously prosecute class action cases of any scale.

Below is an abbreviated list of class action cases which were successfully settled, or 

which settlement is currently pending, by Pogust Braslow & Millrood, LLC in its role as lead, 

co-lead counsel and/or class counsel on behalf of the respective putative classes:

• Courtney v. Medical Manager, Case No. ATL-L-2031-98, NJ Superior Court,

(Lead counsel in class settlement on behalf of consumers who purchased 

defective computers; defendant allegedly violated breach of warranty claims and 

developed, marketed, and sold defective computer software). 

• Kiser v. Palm One, Inc., CA Superior Court, Case No.: 04-CV-022956 (Lead 

counsel in class settlement on behalf of purchasers of defective cell phones 

alleging that the defendant violated the Consumer Legal Remedies Act and breach 

of express warranty). 

Page 28 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 32 of 37
• Agee, et al. v. Schaefer, Case No.: 08-CV-00082 (District of Washington, D.C.) 

(Class counsel in the largest Civil Rights Class Settlement on behalf of black 

farmers who have alleged discriminatory lending practices). 

• Rose M. Regelman, et al. v. Level 3 Communications, LLC, Case No.: 4:09-CV0024 (Middle District of Pennsylvania) (Lead counsel in nationwide class action 

settlement alleging that defendant misclassified analysts as exempt employees). 

• Walter, et al. v. Hughes Communications, Inc. and Hughes Network Systems, 

LLC, Case No.: 09-CV-02136 (Northern District of California) (Lead counsel in 

class action alleging that the defendant oversold their bandwidth and are unable to 

deliver the advertised upload and download speeds). 

A copy of PBM’s firm CV detailing additional relevant experience is attached hereto as 

Exhibit L.

h. Emerson Poynter LLP

Mr. Emerson is currently a member of the Plaintiffs’ Counsel Steering Committee in the 

Aluminum Warehousing Antitrust Litigation representing one of the four direct purchaser 

plaintiffs. He is currently Co-Lead Counsel in shareholder derivative cases involving Wal-Mart, 

Ariad Pharmaceuticals, Citigroup, and JPMorgan Chase. In the past he has been Lead or CoLead Counsel in shareholder derivative cases involving Nicor, Cryolife, Chemtura, and AOLTime Warner. He was also a member of the Plaintiffs’ Counsel Steering Committee in the 

consolidated Enron ERISA litigation as well as numerous other cases identified in Emerson 

Poynter LLP’s CV, which is attached hereto as Exhibit M. 

In addition to the above listed firms, Badgley Mullins Turner PLLC and the Law Offices 

of Clifford A. Cantor, P.C. (firm CV attached hereto as Exhibit N) support this motion to appoint 

Cafferty Clobes as Interim Lead Counsel. Each of these firms supports the leadership structure 

proposed by Cafferty Clobes and has agreed to provide their resources in prosecuting the 

Actions.

Page 29 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 33 of 37
4. Given the Complexity of the Actions, the Proposed Case Leadership 

Structure Is Appropriate

While this action is complex, it deals with a relatively small class size relative to other 

data breach cases. The appointment of sole lead counsel with liaison counsel will allow for 

efficient management of the litigation, because a single management team will delegate tasks, 

control briefing, and manage all time spent and work performed on the litigation by co-counsel. 

Plaintiffs and the Class will benefit from the appointment of sole Lead Counsel and 

Liaison Counsel. As discussed above, Cafferty Clobes has communicated with numerous class 

members, investigated the alleged breach and consulted with experts regarding the various 

technical issues in the case, identified potential conflicts, and drafted detailed Complaints. 

Additionally, given the nature of the claims, appointment of sole Lead Counsel, which will 

efficiently delegate work among co-counsel, will keep this Action streamlined and best represent 

Plaintiffs and the proposed Class. As shown in Cafferty Clobes’ in camera submission, all 

attorney and staff rates will be capped and be well in line with prevailing class contingent fee 

rates charged by comparable class action firms in the Northwest. Proposed Interim Lead 

Counsel will also set hourly rates for all work in the case by all firms at the rates charged by 

Cafferty Clobes for lawyers of similar experience. Also as demonstrated above, Proposed 

Interim Liaison Counsel has significant experience prosecuting class actions before this Court 

and is capable, ready, and willing to guide this litigation as Liaison.

III. CONCLUSION

For the foregoing reasons, Plaintiffs respectfully request that the Court enter the 

accompanying Order approving the proposed interim leadership structure.

Page 30 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 34 of 37
DATED: July 28, 2015 Respectfully submitted,

/s/ Keith S. Dubanevich

Keith S. Dubanevich, OSB No. 975200

Steve D. Larson, OSB No. 863540

Mark A. Friel, OSB No. 002592

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 SW Oak St., Suite 500

Portland, OR 97204

Tel: (503) 227-1600

Fax: (503) 227-6840

Email: slarson@stollberne.com

mfriel@stollberne.com

kdubanevich@stollberne.com

Proposed Interim Liaison Counsel

Bryan L. Clobes 

Kelly L. Tucker 

Cafferty Clobes Meriwether & Sprengel, LLP

1101 Market St., Suite 2650

Philadelphia, PA 19107

Tel: (215) 864-2800

Fax: (215) 864-2810

Email: bclobes@caffertyclobes.com 

ktucker@caffertyclobes.com

Jennifer Winter Sprengel

Nyran Rose Rasche

Cafferty Clobes Meriwether & Sprengel LLP

150. S. Wacker

Suite 3000

Chicago, IL 60606

Tel: (312) 782-4880

Fax: (312) 782-4485

Email: jsprengel@caffertyclobes.com

nrasche@caffertyclobes.com

Proposed Interim Lead Counsel

Page 31 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 35 of 37
This brief is also joined by the following:

Vincent J. Esades 

HEINS MILLS & OLSON, P.L.C.

310 Clifton Avenue

Minneapolis, MN 55403

Telephone: (612) 338-4605

Facsimile: (612) 338-4692

Email: vesades@heinsmills.com 

Joseph G. Sauder 

Chimicles & Tikellis LLP 

361 West Lancaster Avenue 

Haverford, PA 19041 

610-642-8800 

Fax: 610-649-3633 

jgs@chimicles.com

Robert S. Schachter

Sona R. Shah

ZWERLING, SCHACHTER & ZWERLING, 

LLP

41 Madison Avenue, 32nd Floor

New York, NY 10010

Telephone: (212) 223-3900

Facsimile: (212) 371-5969

rschachter@zsz.com

sshah@zsz.com

Dan Drachler (WSBA #27728)

ZWERLING, SCHACHTER & ZWERLING, 

LLP

1904 Third Avenue, Suite 1030

Seattle, WA 98101-1170

Telephone: (206) 223-2053

Facsimile: (206) 343-9636

ddrachler@zsz.com

Mark S. Goldman 

Paul J. Scarlato 

Brian D. Penny 

GOLDMAN SCARLATO & PENNY, PC

101 E. Lancaster Avenue, Suite 204

Wayne, PA 19087

Telephone: (484) 342-0700

Facsimile: (484) 580-8747

Email: goldman@lawgsp.com

scarlato@lawgsp.com

penny@lawgsp.com

Stephen R. Basser

Jeffrey Golan

BARRACK RODOS & BACINE

600 W. Broadway

Ste. 1700

San Diego, CA 92101

619−230−0800

sbasser@barrack.com

jgolan@barrack.com

Irwin B. Levin

Richard E. Shevitz

Lynn A. Toops

COHEN & MALAD, LLP

One Indiana Square, Ste. 1400

Indianapolis, IN 46204

Telephone: (317) 636-6481

Facsimile: (317) 636-2495

ilevin@cohenandmalad.com

rshevitz@cohenandmalad.com

ltoops@cohenandmalad.com

Harris L. Pogust 

Kevin O’Brien 

Pogust Braslow & Millrood, LLC

161 Washington St., Suite 1520

Conshohocken, PA 19428

Tel: (610) 941-4204 

Fax: (610) 941-4248

Email: hpogust@pbmattorneys.com

kobrien@pbmattorneys.com

Page 32 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 36 of 37
John G. Emerson

EMERSON POYNTER LLP

830 Apollo Lane

Houston, TX 77058-2610

Telephone: (281) 488-8854

Facsimile: (281) 488-8867

Email: jemerson@emersonpoynter.com

Scott E. Poynter

Will T. Crowder

EMERSON POYNTER LLP

1301 Scott Street

Little Rock, AR 72202

Telephone: (501) 907-2555

Facsimile: (501) 907-2556

Email: scott@emersonpoynter.com

Email: wcrowder@emersonpoynter.com

Cliff Cantor 

Law Offices of Clifford A. Cantor, P.C.

627 208th Ave. SE

Sammamish, WA 98074

Tel: (425) 868-7813

Fax: (425) 732-3752

Email: cliff.cantor@outlook.com

Daniel A. Rogers

Duncan Calvert Turner

Badgley Mullins Turner PLLC

19929 Ballinger Way NE, Ste. 200

Seattle, WA 98155

206−621−6566

drogers@badgleymullins.com

dturner@badgleymullins.com

Attorneys for Plaintiffs

Page 33 – MOTION AND MEMO RE APPOINTMENT OF CAFFERTY CLOBES AS 

INTERIM LEAD AND STOLL BERNE AS INTERIM LIAISON COUNSEL

STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204

TEL. (503) 227-1600 FAX (503) 227-6840

Case 3:15-cv-01101-SI Document 26 Filed 07/28/15 Page 37 of 37