IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

IN RE: PREMERA BLUE CROSS 

CUSTOMER DATA SECURITY BREACH 

LITIGATION 

This Document Relates to All Actions 

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

ORDER RE: LEADERSHIP 

STRUCTURE AND 

RESPONSIBILITIES OF 

PLAINTIFFS' COUNSEL 

The Court believes that it is prudent to define the authority, duties, and responsibilities 

of Lead Counsel and Plaintiff Liaison Counsel. The Court also wishes to set specific guidelines 

and rules for staffing, fees, expenses, and billing records. Nothing in this Order shall be 

interpreted to affect any proceedings other than those involving the authorities, duties, 

responsibilities, guidelines, and rules of and for plaintiffs' counsel, as discussed herein. 

I. AUTHORITY, DUTIES, AND RESPONSIBILITIES OF PLAINTIFFS' COUNSEL 

The specific duties to be undertaken by designated counsel are as follows: 

A. Lead Counsel 

In the Order dated August 7, 2015 (Case No. 15-md-2633, Docket No. 35), the Court 

appointed Christopher I. Brain, Kim D. Stephens, Chase C. Alvord, and Jason T. Dennett of 

Tousley Brain Stephens PLLC as Plaintiffs' Interim Lead Counsel ("Lead Counsel") for a oneyear renewable term pursuant to Fed.R.Civ.P. 23(g). 

Lead Counsel will be responsible for prosecuting any potential class and common 

benefit claims, as well as coordinating the pretrial proceedings conducted by counsel for the 

individual Plaintiffs. With respect to the class and common benefit claims and coordinated 

pretrial proceedings, Lead Counsel shall, in consultation with the executive committee: 

(1) Determine and present (in briefs, oral argument, or such other fashion as may be 

appropriate, personally or by a designee) to the Court and opposing parties the position 

of the Plaintiffs on matters arising during the coordinated pretrial proceedings; 

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(2) Coordinate the initiation and conduct of discovery on behalf of the Plaintiffs 

consistent with the requirements of Fed. R. Civ. P. 26, including the preparation of joint 

interrogatories and requests for production of documents and the examination of 

witnesses in depositions, except that discovery and motions initiated by the Defendants 

directed to or regarding named individual Plaintiffs will be handled in consultation with 

the attorney( s) for those individuals; 

(3) Delegate specific tasks to other counsel in a manner to avoid duplicative efforts 

and ensure that pretrial preparation for the Plaintiffs is conducted effectively, 

efficiently, and economically; 

(4) Enter into stipulations with opposing counsel necessary for the conduct of the 

multi-district litigation ("MDL"); 

(5) Convene meetings of Plaintiffs' Counsel as necessary for the purpose of 

proposing joint action and discussing and resolving matters of common concern; 

(6) Organize and agree on a plan for conducting the MDL on behalf of all Plaintiffs; 

(7) Assess and collect from counsel performing authorized common benefit work 

common benefit payments into a Common Benefit "Shared Cost" Fund ("shared cost" 

being defined below), in amounts and at times Lead Counsel determines to be necessary 

and appropriate, collect payments, maintain an account, pay generic expenses in 

accordance with this order, and account to the Court upon request as to the collection 

and use of such funds; 

(8) Brief and argue motions for the Plaintiffs and file opposing briefs and argue 

motions and proceedings initiated by other parties (except as to matters specifically 

directed to individual Plaintiffs and their counsel); 

(9) Consult with and employ expert witnesses; 

(10) maintain and collect time and expense records for work performed, costs 

incurred and other disbursements made for any potential common benefit claim, proof 

of potential common benefit claims, and related matters, and report monthly, in writing, 

to the Court; 

(11) Monitor and obtain regular reports of work performed by counsel whose work 

Lead Counsel has specifically authorized; 

(12) Perform all tasks necessary to carry out the functions of Lead Counsel and to 

properly coordinate Plaintiffs' pretrial activities; 

(13) Form task-specific subcommittees of counsel as appropriate; 

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(14) Authorize Plaintiffs' counsel to initiate case-specific motions and discovery; 

(15) Designate Plaintiffs' counsel authorized to attend hearings and depositions; 

(16) Negotiate settlements on behalf of Plaintiffs; 

(17) If there is a settlement, propose a claims protocol and/or plan of allocation; 

(18) Prepare and distribute to Plaintiffs' counsel periodic status reports; and 

(19) Coordinate and communicate with Defendants' counsel with respect to the 

matters addressed in this paragraph. 

No generic discovery or other common action or work in this litigation will be 

undertaken on behalf of Plaintiffs except at the direction or with permission of Lead Counsel; 

provided, however, that any attorney aggrieved by any refusal of permission may seek Court 

review of the refusal. 

B. Executive Leadership Committee 

Along with Kim D. Stephens of Tousley Brain Stephens PLLC on behalf of Lead 

Counsel, the following individuals and firms shall comprise the Plaintiffs' Executive 

Leadership Committee: 

Ari J. Scharg 

EDELSON PC 

350 North LaSalle Street, Suite 1300 

Chicago, Illinois 60654 

Tina Wolfson 

AHDOOT AND WOLFSON, PC 

1016 Palm Avenue 

West Hollywood, California 90069 

James J. Pizzirusso 

HAUSFELD LLP 

1700 K Street NW, Suite 650 

Washington, DC 20006 

The Executive Committee shall advise, assist and execute the directions of Lead 

Counsel in the efficient prosecution of this action. The Executive Committee shall help staff 

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and provide for the fulfillment of the responsibilities of Lead Counsel listed above through 

appointment, supervision and delegation to their respective firms, Liaison Counsel, and when 

needed, to specific plaintiff firms with demonstrated knowledge and specialized expertise in 

order to prosecute this action efficiently. 

C. Plaintiffs' Liaison Counsel 

In the Order dated August 7, 2015, the Court appointed Keith S. Dubanevich, Steve D. 

Larson, and Mark A. Friel of Stoll Stoll Berne Lokting & Shlachter P.C. as Plaintiffs' Interim 

Liaison Counsel, ("Liaison Counsel"). Liaison Counsel shall: 

(1) Maintain an up-to-date service list of all Plaintiffs' attorneys involved in this 

MDL, and promptly advising the Court and Defendant's counsel of changes thereto; 

(2) Together with Lead Counsel, gather and submit to the Court on a monthly basis 

ex parte and in camera reports of time billed in the joint prosecution of this action. 

(3) Ensure that all Orders entered by this Court and all papers filed by the 

Defendants are timely distributed to all Plaintiffs' counsel in the MDL, to the extent 

such documents are not electronically filed; 

( 4) Receive and distribute to Plaintiffs' counsel, as appropriate, discovery, pleadings 

correspondence, and other documents from Defendant's counsel that are not 

electronically filed; 

(5) Work with Lead Counsel in scheduling leadership meetings, keeping minutes of 

these meetings, appearing at Court-noticed status conferences, and performing other 

necessary administrative or logistic functions for the effective and efficient functioning 

of the MDL; 

(6) Assume substantive responsibility for law and motions, and undertake other 

duties delegated by Lead Counsel; and 

(7) Advise Lead Counsel and attend Executive Leadership committee meetings. 

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Dated: 10/6/2015 

Respectfully submitted, 

TOUSLEY BRAIN STEPHENS PLLC 

By: sl Kim D. Stephens 

Kim D. Stephens, OSB No. 030635 

Christopher I. Brain, admitted pro hac vice 

Chase C. Alvord, OSB No. 070590 

Jason T. Dennett, admitted pro hac vice 

1700 Seventh A venue, Suite 2200 

Seattle, WA 98101 

Tel: (206) 682-5600 

Fax: (206) 682-2992 

Email: cbrain@tousley.com 

kstephens@tousley.com 

calvord@tousley.com 

jdennett@tousley.com 

Interim Lead Plaintiffs' Counsel 

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 

By: s/ Keith S. Dubanevich 

Keith S. Dubanevich, OSB No. 975200 

Steve D. Larson, OSB No. 863540 

Mark A. Friel, OSB No. 002592 

209 SW Oak Street, Suite 500 

Portland, OR 97204 

Tel: (503) 227-1600 

Fax: (503) 227-6840 

Email: kdubanevich@stollbeme.com 

slarson(a),sto II heme.com 

mfriel@stollbeme.com 

Interim Liaison Plaintiffs' Counsel 

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