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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: TIKTOK, INC.,

CONSUMER PRIVACY

LITIGATION,

This Document Relates to All Cases

MDL No. 2948

Master Docket No. 20-cv-4699 

Judge John Z. Lee

Magistrate Judge Sunil R. Harjani 

NOTICE IN SUPPORT OF MOTION TO APPOINT KATRINA CARROLL AND 

JONATHAN M. JAGHER AS CO-LEAD COUNSEL AND TO APPOINT THEIR 

PROPOSED PLAINTIFFS’ LIAISON COUNSEL AND PROPOSED PLAINTIFFS’ 

STEERING COMMITTEE

I. INTRODUCTION

Plaintiff A.S., a minor, by and through Guardian A.S., respectfully support the appointment 

of Katrina Carroll of Carlson Lynch, LLP (“Ms. Carroll”) and Jonathan M. Jagher, Esq. of Freed 

Kanner London & Millen LLC (“Mr. Jagher”) as Co-Lead Counsel (“Proposed Co-Lead 

Counsel”), Beth Fegan of Fegan Scott LLC as Plaintiffs’ Liaison Counsel, and Robert M. Foote

of Foote, Mielke, Chavez & O’Neil, LLC, James B. Zouras of Stephan Zouras, LLP, Michael 

Gervais of Susman Godfrey L.L.P., Tina Wolfson of Ahdoot & Wolfson, P.C., and Joseph P. 

Guglielmo of Scott+Scott Attorneys at Law LLP, for the Plaintiffs’ Steering Committee (“PSC”). 

Proposed Co-Lead Counsel have demonstrated expertise in successfully managing complex MDL 

litigation, have unmatched experience and expertise litigating complex class action cases generally 

- and particularly in cases under privacy law and/or Illinois Biometric Information Privacy Act 

(“BIPA”), 740 ILCS/14 – and are willing and available to commit time and financial resources to 

this important project. In fact, the time and resources put towards the case to date has already 

resulted in a settlement in principal in this case, which will be submitted to the Court once 

Defendants authorize such disclosure.

Proposed Co-Lead Counsel are well-qualified to represent the proposed class under the 

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criteria established for selection of lead counsel by Fed. R. Civ. P. 23(g)(1)(A) and the factors 

highlighted by this Court. As set forth more fully below, (a) Proposed Co-Lead Counsel have vast 

experience in litigating consumer class actions, including privacy related cases and have been 

appointed in the past in leadership positions; (b) Proposed Co-Lead Counsel have a history of 

successfully working together with others in consumer class actions, including privacy related

cases; and (c) Proposed Co-Lead Counsel are willing and available to commit time and financial 

resources to this important project – and in fact have already invested time, effort, and resources 

to date which have resulted in achieving a settlement in principal which will be presented to the 

Court once Defendant authorizes such disclosure. Each of these factors weigh heavily in favor of 

appointment and will ensure that this case will proceed efficiently, fairly, cooperatively, 

respectfully, and professionally. 

Finally, and most importantly, Katrina Carroll and Jonathan M. Jagher should be appointed 

Co-Lead Counsel to bring the settlement in principal to final approval, which is in the best interests 

of the Class. 

II. APPOINTMENT OF PROPOSED CO-LEAD COUNSEL IS APPROPRIATE

A. Legal Standard

 Attorneys appointed to serve as lead class counsel “must fairly and adequately represent the 

interests of the class.” Fed. R. Civ. P. 23(g)(4). In deciding whether to appoint an applicant as lead 

class counsel, Rule 23(g)(1)(A) requires that the Court consider: (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 claims of the type asserted in the action, (iii) counsel’s 

knowledge of the applicable law, and (iv) the resources counsel will commit to representing the 

class. Fed. R. Civ. P. 23(g)(1)(A); see also Advisory Committee Notes to the 2003 Amendments, 

Subdivision (g). No single factor is determinative; all factors must be considered. Advisory 

Committee Notes to the 2003 Amendments to Fed. R. Civ. P. 23(c)(2)(B). In addition, the Court 

may also “consider any other matter pertinent to counsel’s ability to fairly and adequately represent 

the interests of the class.” Fed. R. Civ. P. 23(g)(1)(B). In this regard, courts evaluate whether 

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proposed class counsel have worked cooperatively with opposing counsel and the court and 

whether counsel commands the respect of colleagues. Manuel for Complex Litigation 4th § 

10.224. Application of these factors strongly supports designating Proposed Counsel.

B. Counsel’s Willingness and Availability to Commit to a Time-Consuming 

Project

Katrina Carroll and Jonathan M. Jagher have devoted a significant amount of time already 

to this case and have indicated they are willing and able to devote nearly all of their time to this 

case in the future. The additional members of the leadership structure are also willing and available 

to commit to this project, and have participated meaningfully to date. 

C. Counsel’s Ability to Work Cooperatively With Others

Prior to the TikTok litigation, the undersigned has personally had an opportunity to work 

with Ms. Carroll in matters pending in the Northern District of Illinois and in the Southern District 

of New York, as well as in state court in Illinois. Ms. Carroll does not just have many strengths as 

a talented class action attorney, but she is also gifted when it comes to identifying individual

attorneys’ strengths and creating a professional litigation and/or settlement team to be reckoned 

with; whilst also keeping the lines of communication open with the defendant to encourage, where 

appropriate, a path toward resolution that is in the best interests of the class. She is everything a 

Court would want in terms of lead counsel for a class action as envisioned by the Federal Rules.

To date, in this case, Katrina Carroll and Jonathan M. Jagher have been beyond 

cooperative, inviting the other class action attorneys to coordinate in an organized fashion. From 

the minute the mediation opportunity presented itself, Proposed Co-Lead Counsel worked to put 

together a formidable team of class action attorneys, so that the unique opportunity to resolve the 

case did not elude the class members. This team went on to achieve a settlement in principal, and 

now Katrina Carroll and Jonathan M. Jagher should be appointed Co-Lead Counsel to bring the 

settlement in principal to final approval.

Tiffany M. Yiatras has direct experience working with each member of the proposed slate

during this litigation, mediation, and/or proposed settlement. Ms. Yiatras, who was briefly 

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appointed interim lead counsel of the Southern District of Illinois cases in In re: TikTok Inc. Data 

Privacy Litigation, Case No. 3:20-cv-00457 pending MDL transfer, participated in the August 13th

mediation via telephone1 as the Delegate of the Southern District of Illinois Actions. Ms. Yiatras

had the unique opportunity to work with members of the proposed leadership slate for months in 

the preparation for the mediation and since reaching the settlement in principal. The entire 

proposed leadership slate, and frankly all Interim Counsel that Ms. Carroll and Mr. Jagher have 

worked so hard to unify, is a truly collaborative and strong unit, each with different strengths, 

where each member brings something to the table. The team has open and respectful 

communication to ensure the best path forward for the class. The collaboration has continued 

beyond the mediation and the undersigned is hopeful the Court will allow it to continue.

D. Counsel’s Professional Experience In This Type of Litigation, Including Any 

Prior Appointments As Lead Counsel or Liaison Counsel in Multi-Party 

Litigation

The application of specific factors enumerated by Rule 23(g) weighs strongly in favor of 

appointing Proposed Co-Lead Counsel. Ms. Carroll and Mr. Jagher are well suited to be lead 

counsel in this litigation. Both of them have developed a national reputation for zealously 

representing plaintiffs in complex litigation, specifically consumer protection and/or privacy class 

action litigation. Their respective firms have litigated hundreds of consumer class action cases as 

well as data breach and/or privacy class action cases, obtaining nearly a billion in settlements for 

class members. Furthermore, they or their respective firms have notable experience litigating 

major class action cases and are recognized leaders in the plaintiffs’ class action bar. 

Furthermore, Ms. Carroll has handled many complex actions in this Court, Illinois and 

throughout the United States. She is well situated to serve in the role as lead counsel as she both 

lives and has experience litigating in the United States District Court for the Northern District of 

Illinois.

III. CONCLUSION

1 Participation was via telephone due to Covid

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For the foregoing reasons, Plaintiff A.S. supports the appointment of Ms. Carroll and Mr. 

Jagher as Proposed Co-Lead Counsel and their proposed PSC and Liaison Counsel pursuant to 

Rule 23(g).

Date: 9/8/2020 By: /s/ Tiffany Marko Yiatras

Tiffany Marko Yiatras

CONSUMER PROTECTION LEGAL, LLC

8235 Forsyth Boulevard, Suite 1100

Saint Louis, Missouri 63011-2029

Tele: 314-541-0317

Email: tiffany@consumerprotectionlegal.com

tyiatras@gmail.com

Francis J. “Casey” Flynn, Jr.

LAW OFFICE OF FRANCIS J. FLYNN, JR.

3518A Arsenal Street

Saint Louis, Missouri 63118

Tele: 314-662-2836

Email: casey@lawofficeflynn.com

francisflynn@gmail.com

ATTORNEYS FOR PLAINTIFF IN A.S. V. 

TIKTOK, INC.

CERTIFICATE OF SERVICE

I, Tiffany M. Yiatras, hereby certify that on September 8, 2020, I caused the foregoing to 

be filed using the Court’s CM/ECF system, and thereby electronically served it upon all registered 

ECF users in this case.

By: /s/ Tiffany Marko Yiatras

TIFFANY MARKO YIATRAS

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