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BAKER 

&

HOSTE TL E R L LP ATTOR NE YS AT LAW

SAN FRANCISCO

 

EXHIBIT B 

RELEVANT JUDICIAL RECOGNITION OF 

ANGEION GROUP’S NOTICE PROGRAMS 

Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 1

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IN RE CHRYSLER-DODGE-JEEP ECODIESEL MARKETING, SALES PRACTICES, AND PRODUCTS 

LIABILITY LITIGATION, Case No. 17-md-02777 (EMC)

The Honorable Edward M. Chen, United States District Court, Northern District of California (February 11, 

2019): 

“Also, the parties went through a sufficiently rigorous selection process to select a settlement 

administrator. See Proc. Guidance for Class Action Sett. ¶ 2; see also Cabraser Decl. ¶¶ 9-10. 

While the settlement administration costs are significant – an estimated $1.5 million – they are 

adequately justified given the size of the class and the relief being provided.

In addition, the Court finds that the language of the class notices (short and long-form) is 

appropriate and that the means of notice – which includes mail notice, electronic notice, 

publication notice, and social media “marketing” – is the “best notice . . . practicable under the 

circumstances.” Fed. R. Civ. P. 23(c)(2)(B); see also Proc. Guidance for Class Action Sett. ¶¶ 3-

5, 9 (addressing class notice, opt-outs, and objections). The Court notes that the means of notice 

has changed somewhat, as explained in the Supplemental Weisbrot Declaration filed on February 

8, 2019, so that notice will be more targeted and effective. See generally Docket No. 525 (Supp. 

Weisbrot Decl.) (addressing, inter alia, press release to be distributed via national newswire 

service, digital and social media marketing designed to enhance notice, and “reminder” first-class 

mail notice when AEM becomes available).

Finally, the parties have noted that the proposed settlement bears similarity to the settlement in 

the Volkswagen MDL. See Proc. Guidance for Class Action Sett. ¶ 11.”

MAYHEW v. KAS DIRECT, LLC, Case No. 16-cv- 6981 (VB)

The Honorable Vincent J. Briccetti, United States District Court, Southern District of New York (June 26, 2018): 

“In connection with their motion, plaintiffs provide the declaration of Steven Weisbrot, Esq., a 

principal at the firm Angeion Group, LLC, which will serve as the notice and settlement 

administrator in this case. (Doc. #101, Ex. F: Weisbrot Decl.) According to Mr. Weisbrot, he has 

been responsible for the design and implementation of hundreds of class action administration 

plans, has taught courses on class action claims administration, and has given testimony to the 

Judicial Conference Committee on Rules of Practice and Procedure on the role of direct mail, 

email, and digital media in due process notice. Mr. Weisbrot states that the internet banner 

advertisement campaign will be responsive to search terms relevant to “baby wipes, baby products, 

baby care products, detergents, sanitizers, baby lotion, [and] diapers,” and will target users who 

are currently browsing or recently browsed categories “such as parenting, toddlers, baby care, [and] 

organic products.” (Weisbrot Decl. ¶ 18). According to Mr. Weisbrot, the internet banner 

advertising campaign will reach seventy percent of the proposed class members at least three 

times each. (Id. ¶ 9). Accordingly, the Court approves of the manner of notice proposed by the 

parties as it is reasonable and the best practicable option for confirming the class members 

receive notice.”

HALVORSON v. TALENTBIN, INC., Case No. 3:15-cv-05166-JCS

The Honorable Joseph C. Spero (July 25, 2017): 

“The Court finds that the Notice provided for in the Order of Preliminary Approval of Settlement 

has been provided to the Settlement Class, and the Notice provided to the Settlement Class 

constituted the best notice practicable under the circumstances, and was in full compliance with the 

notice requirements of Rule 23 of the Federal Rules of Civil Procedure, due process, the United 

States Constitution, and any other applicable law. The Notice apprised the members of the 

Settlement Class of the pendency of the litigation; of all material elements of the proposed 

settlement, including but not limited to the relief afforded the Settlement Class under the 

Settlement Agreement; of the res judicata effect on members of the Settlement Class and of their 

opportunity to object to, comment on, or opt-out of, the Settlement; of the identity of Settlement Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 2 Class Counsel and of information necessary to contact Settlement Class Counsel; and of the right of 7
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to appear at the Fairness Hearing. Full opportunity has been afforded to members of the 

Settlement Class to participate in the Fairness Hearing. Accordingly, the Court determines that all 

Final Settlement Class Members are bound by this Final Judgment in accordance with the terms 

provided herein.” 

IN RE: ASHLEY MADISON CUSTOMER DATA SECURITY BREACH LITIGATION, MDL No. 2669, 

Case No. 4:15- MD- 02669 (JAR)

The Honorable John A. Ross (July 21, 2017): 

“The Court further finds that the method of disseminating Notice, as set forth in the Motion, the 

Declaration of Steven Weisbrot, Esq. on Adequacy of Notice Program, dated July 13, 2017, and 

the Parties’ Stipulation—including an extensive and targeted publication campaign composed of 

both consumer magazine publications in People and Sports Illustrated, as well as serving 

11,484,000 highly targeted digital banner ads to reach the prospective class members that will 

deliver approximately 75.3% reach with an average frequency of 3.04 —is the best method of 

notice practicable under the circumstances and satisfies all requirements provided in Rule 

23(c)(2)(B) and all Constitutional requirements including those of due process.

The Court further finds that the Notice fully satisfies Rule 23 of the Federal Rules of Civil 

Procedure and the requirements of due process; provided, that the Parties, by agreement, may 

revise the Notice, the Claim Form, and other exhibits to the Stipulation, in ways that are not 

material or ways that are appropriate to update those documents for purposes of accuracy.”

REMIJAS V. NEIMAN MARCUS GROUP LLC, Case No. 1:14-cv-01735

The Honorable Samuel Der-Yeghiayan, (June 21, 2017): 

“The Court finds that the form, content and method of giving notice to the Class as described in 

Paragraph 7 of this Order and the Settlement Agreement (including the exhibits thereto): (a) will 

constitute the best practicable notice to the Settlement Class; (b) are reasonably calculated, under 

the circumstances, to apprise Settlement Class Members of the pendency of the action, the terms 

of the proposed settlement, and their rights under the proposed settlement, including but not 

limited to their rights to object to or exclude themselves from the proposed settlement and other 

rights under the terms of the Settlement Agreement; (c) are reasonable and constitute due, 

adequate, and sufficient notice to all Class Members and other persons entitled to receive notice; 

and (d) meet all applicable requirements of law, including Fed. R. Civ. P. 23(c) and (e), and the 

Due Process Clause(s) of the United States Constitution. The Court further finds that the Notice is 

written in plain language, uses simple terminology, and is designed to be readily understandable 

by Class Members.” 

TRAXLER v. PPG INDUSTRIES INC., Case No. 1:15-cv-00912-DAP (N.D. Ohio)

The Honorable Dan Aaron Polster (April 27, 2017): 

“The Court hereby approves the form and procedure for disseminating notice of the proposed 

settlement to the Settlement Class as set forth in the Agreement. The Court finds that the 

proposed Notice Plan contemplated constitutes the best notice practicable under the 

circumstances and is reasonably calculated, under the circumstances, to apprise Settlement Class 

Members of the pendency of the Action and their right to object to the proposed settlement or opt 

Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 3 out of the Settlement Class in full compliance with the requirements of applicable law, including 

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the Due Process Clause of the United States Constitution and Rules 23(c) and (e). In addition, 

Class Notice clearly and concisely states in plain, easily understood language: (i) the nature of the 

action; (ii) the definition of the certified Settlement Class; (iii) the claims and issues of the 

Settlement Class; (iv) that a Settlement Class Member may enter an appearance through an 

attorney if the member so desires; (v) that the Court will exclude from the Settlement Class any 

member who requests exclusion; (vi) the time and manner for requesting exclusion; and (vii) the 

binding effect of a class judgment on members under Rule 23(c)(3).” 

IN RE: THE HOME DEPOT, INC., CUSTOMER DATA SECURITY BREACH LITIGATION,- 

Case No.: 1:14- md-02583-TWT

The Honorable Thomas W. Thrash (March 10, 2017): 

“The Court finds that the form, content, and method of giving notice to the settlement class as 

described in the settlement agreement and exhibits: (a) constitute the best practicable notice to the 

settlement class; (b) are reasonably calculated, under the circumstances, to apprise settlement 

class members of the pendency of the action, the terms of the proposed settlement, and their 

rights under the proposed settlement; (c) are reasonable and constitute due, adequate, and 

sufficient notice to those persons entitled to receive notice; and (d) satisfy the requirements of 

Federal Rule of Civil Procedure 23, the constitutional requirement of due process, and any other 

legal requirements. The Court further finds that the notice is written in plain language, uses 

simple terminology, and is designed to be readily understandable by settlement class members.” 

ROY v. TITLEFLEX CORPORATION, Case No. 384003

The Honorable Ronald B. Rubin, Circuit Court for Montgomery County, Maryland (February 24, 2017): 

“What is impressive to me about this settlement is in addition to all the usual recitation of road 

racing litanies is that there is going to be a) public notice of a real nature and b) about a matter 

concerning not just money but public safety and then folks will have the knowledge to decide for 

themselves whether to take steps to protect themselves or not. And that’s probably the best thing 

a government can do is to arm their citizens with knowledge and then the citizens can make 

decision. To me that is a key piece of this deal. I think the notice provisions are exquisite.” 

(Emphasis added).

IN RE LG FRONT LOADING WASHING MACHINE CLASS ACTION LITIGATION, Civ. No. 08- 

[MISSING] (MCA)(LDW)

Honorable Madeline Cox Arleo (June 17, 2016): 

“This Court further approves the proposed methods for giving notice of the Settlement to the 

Members of the Settlement Class, as reflected in the Settlement Agreement and the joint motion 

for preliminary approval. The Court has reviewed the notices attached as exhibits to the 

Settlement, the plan for distributing the Summary Notices to the Settlement Class, and the 

plan for the Publication Notice's publication in print periodicals and on the internet, and finds 

that the Members of the Settlement Class will receive the best notice practicable under the 

circumstances. The Court specifically approves the Parties' proposal to use reasonable diligence 

Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 4 to identify potential class members and an associated mailing and/or email address in the 

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Company's records, and their proposal to direct the ICA to use this information to send absent 

class members notice both via first class mail and email. The Court further approves the plan for 

the Publication Notice's publication in two national print magazines and on the internet. The 

Court also approves payment of notice costs as provided in the Settlement. The Court finds that 

these procedures, carried out with reasonable diligence, will constitute the best notice practicable 

under the circumstances and will satisfy.” 

FENLEY V. APPLIED CONSULTANTS, INC., Civ. No. 15-259

Honorable Mark R. Hornak (June 16, 2016): 

“The Court would note that it approved notice provisions of the settlement agreement in the 

proceedings today. That was all handled by the settlement and administrator Angeion. The 

notices were sent. The class list utilized the Postal Service's national change of address database 

along with using certain proprietary and other public resources to verify addresses. the 

requirements of Fed.R.Civ.P. 23(c)(2), Fed.R.Civ.P. 23(e) (l), and Due Process.... The Court finds 

and concludes that the mechanisms and methods of notice to the class as identified were 

reasonably calculated to provide all notice required by the due process clause, the applicable rules 

and statutory provisions, and that the results of the efforts of Angeion were highly successful and 

fulfilled all of those requirements.” (Emphasis added). 

FUENTES v. UNIRUSH, LLC d/b/a UNIRUSH FINANCIAL SERVICES, Case No. 15-CV-8372 (JPO)

Honorable J. Paul Oetken (May 16, 2016). 

“The Court approves, as to form, content, and distribution, the Claim Form attached to the 

Settlement Agreement as Exhibit A, the Notice Plan, and all forms of Notice to the Settlement 

Class as set forth in the Settlement Agreement and Exhibits B-D, thereto, and finds that such 

Notice is the best notice practicable under the circumstances, and that the Notice complies fully 

with the requirements of the Federal Rules of Civil Procedure. The Court also finds that the 

Notice constitutes valid, due and sufficient notice to all persons entitled thereto, and meets the 

requirements of Due Process. The Court further finds that the Notice is reasonably calculated to, 

under all circumstances, reasonably apprise members of the Settlement Class of the pendency of 

the Actions, the terms of the Settlement Agreement, and the right to object to the settlement and 

to exclude themselves from the Settlement Class. The Parties, by agreement, may revise the 

Notices and Claim Form in ways that are not material, or in ways that are appropriate to update 

those documents for purposes of accuracy or formatting for publication.”

IN RE: WHIRLPOOL CORP. FRONTLOADING WASHER PRODUCTS LIABILITY LITIGATION, 

MDL No. 2001 

Honorable Christopher A. Boyko (May 12, 2016): 

“The Court, having reviewed the proposed Summary Notices, the proposed FAQ, the proposed 

Publication Notice, the proposed Claim Form, and the proposed plan for distributing and 

disseminating each of them, finds and concludes that the proposed plan for distributing and 

disseminating each of them will provide the best notice practicable under the circumstances and 

Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 5 satisfies all requirements of federal and state laws and due process.”

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SATERIALE v. R.J. REYNOLDS TOBACCO CO., Case No. 09 08394 (CAS)

Honorable Christina A. Snyder (May 3, 2016): 

“The Court finds that the Notice provided to the Settlement Class pursuant to the Settlement 

Agreement and the Preliminary Approval Order has been successful, was the best notice 

practicable under the circumstances and (1) constituted notice that was reasonably calculated, 

under the circumstances, to apprise members of the Settlement Class of the pendency of the 

Action, their right to object to the Settlement, and their right to appear at the Final Approval 

Hearing; (2) was reasonable and constituted due, adequate, and sufficient notice to all persons 

entitled to receive notice; and (3) met all applicable requirements of the Federal Rules of Civil 

Procedure, Due Process, and the rules of the Court.”

FERRERA v. SNYDER’S-LANCE, INC., Case No. 13-CV-62496

Honorable Joan A. Lenard (February 12, 2016): 

“The Court approves, as to form and content, the Long-Form Notice and Short- Form Publication 

Notice attached to the Memorandum in Support of Motion for Preliminary Approval of Class 

Action Settlement as Exhibits 1 and 2 to the Stipulation of Settlement. The Court also approves 

the procedure for disseminating notice of the proposed settlement to the Settlement Class and the 

Claim Form, as set forth in the Notice and Media Plan attached to the Memorandum in Support of 

Motion for Preliminary Approval of Class Action Settlement as Exhibits G. The Court finds that 

the notice to be given constitutes the best notice practicable under the circumstances, and 

constitutes valid, due, and sufficient notice to the Settlement Class in full compliance with the 

requirements of applicable law, including the Due Process Clause of the United States 

Constitution.” 

IN RE: POOL PRODUCTS DISTRIBUTION MARKET ANTITRUST LITIGATION, MDL No. 2328

Honorable Sarah S. Vance (December 31, 2014): 

“To make up for the lack of individual notice to the remainder of the class, the parties propose a 

print and web-based plan for publicizing notice. The Court welcomes the inclusion of web- based 

forms of communication in the plan. The Court finds that the proposed method of notice satisfies 

the requirements of Rule 23(c)(2)(B) and due process. The direct emailing of notice to those 

potential class members for whom Hayward and Zodiac have a valid email address, along with 

publication of notice in print and on the web, is reasonably calculated to apprise class members of 

the settlement. Moreover, the plan to combine notice for the Zodiac and Hayward settlements 

should streamline the process and avoid confusion that might otherwise be caused by a 

proliferation of notices for different settlements. Therefore, the Court approves the proposed 

notice forms and the plan of notice.”

SOTO v. THE GALLUP ORGANIZATION, INC., Case No. 13-61747(MGC/EGT)

Honorable Marcia G. Cooke (June 16, 2015): 

“The Court approves the form and substance of the notice of class action settlement described in 

¶ 8 of the Agreement and attached to the Agreement as Exhibits A, C and D. The proposed form 

and method for notifying the Settlement Class Members of the settlement and its terms and 

Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 6 conditions meet the requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process, constitute the 

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best notice practicable under the circumstances, and shall constitute due and sufficient notice to 

all persons and entities entitled to the notice. The Court finds that the proposed notice is clearly 

designed to advise the Settlement Class Members of their rights.”

OTT V MORTGAGE INVESTORS CORPORATION OF OHIO, INC., Case No. 3:14-CV-00645 

Honorable Janice M. Stewart (July 20, 2015): 

“The Notice Plan, in form, method, and content, fully complies with the requirements of Rule 23 

and due process, constitutes the best notice practicable under the circumstances, and is due and 

sufficient notice to all persons entitled thereto. The Court finds that the Notice Plan is reasonably 

calculated to, under all circumstances, reasonably apprise the persons in the Settlement Class of 

the pendency of this action, the terms of the Settlement Agreement, and the right to object to the 

Settlement and to exclude themselves from the Settlement Class.”

Case: 19-30088 Doc# 2304-2 Filed: 05/31/19 Entered: 05/31/19 13:13:57 Page 7

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