EXHIBIT 13 

Case: 1:20-cv-04699 Document #: 11-14 Filed: 08/27/20 Page 1 of 4 PageID #:196
Ekwan E. Rhow

erhow@birdmarella.com

1875 Century Park East, 23rd Floor

Los Angeles, California 90067-2561

Telephone (310) 201-2100

Facsimile (310) 201-2110

www.BirdMarella.com

File 4614.2

August 19, 2020

Via Electronic Mail Only

Anthony Weibell

Wilson Sonsini Goodrich & Rosati

650 Page Mill Road

Palo Alto, CA 94304-1050

E-Mail: aweibell@wsgr.com

Re: In re TikTok, Inc. Consumer Privacy Litigation, MDL No. 2948, Case 

No. 20-cv-4699

Dear Mr. Weibell:

As you know, we are Interim Counsel pursuant to Judge John Z. Lee’s August 17, 

2020 Case Management Order No. 1 (the “CMO”) and we write to request that you and 

your clients, the Defendants in the above entitled matter, immediately produce a term 

sheet from the August 13, 2020 mediation that accurately and completely reflects all 

terms of the “settlement in principle” to which you refer in your August 16, 2020 “Joint 

Status Report.” We also request that you and your clients immediately reveal the “certain 

conditions” to which this purported settlement in principle is subject, as referred to in the 

“Joint Status Report.” Katrina Carroll, who attend the August 13 mediation, has indicated 

that she takes no position regarding our requests.

As designated Interim Counsel pursuant to the CMO, we must know these terms 

and conditions, particularly given they relate to our respective clients and the class in 

general. We are also required to have such information in order to comply with the 

CMO’s explicit mandate to meet and confer concerning “settlement” issues, such that the 

parties can file a joint proposed case management schedule on September 8 addressing 

settlement issues, in preparation for the September 22 initial pretrial conference at which 

settlement issues will be discussed. Without this information, the parties simply cannot 

fulfill their meet and confer obligations under the CMO. Accordingly, by withholding 

such information from us and other counsel, you and your clients are making the 

court-ordered meet and confer impossible – in violation of the CMO.

Case: 1:20-cv-04699 Document #: 11-14 Filed: 08/27/20 Page 2 of 4 PageID #:197
August 19, 2020

Page 2

Of course, we will stipulate to all the standard mediation confidentiality provisions 

to ensure such information is protected from improper disclosure. There is no legitimate 

reason to withhold such information from us where (1) you have shared it with those 

counsel who participated in the August 13 mediation and (2) the fact of the purported 

settlement is now public. Judge Lee has not appointed Rule 23(g) interim lead counsel 

and thus all counsel in the MDL have the same, equal right to know the terms and 

conditions of the purported settlement under the CMO.

Please provide all the information and documentation described above by no later 

than noon PST on Thursday, August 20, 2020.

Sincerely,

/s/ Ekwan E. Rhow

Ekwan E. Rhow

BIRD, MARELLA, BOXER, 

WOLPERT, NESSIM, DROOKS, 

LINCENBERG & RHOW, P.C.

Sincerely,

/s/ Kara M. Wolke

Kara M. Wolke

GLANCY, PRONGAY & MURRAY 

LLP

Sincerely,

/s/ David M. Given

David M. Given

PHILLIPS, ERLEWINE, GIVEN & 

CARLIN LLP

Case: 1:20-cv-04699 Document #: 11-14 Filed: 08/27/20 Page 3 of 4 PageID #:198
August 19, 2020

Page 3

Sincerely,

/s/ Megan E. Jones

Megan E. Jones

HAUSFELD LLP

Sincerely,

/s/ Amanda Klevorn

Amanda Klevorn

BURNS CHAREST LLP

Sincerely,

/s/ Lesley E. Weaver

Lesley E. Weaver

BLEICHMAR FONTI & AULD LLP

Sincerely,

/s/ Amy E. Keller

Amy E. Keller

DICELLO LEVITT GUTZLER LLC

cc: all other plaintiffs’ counsel

EER:brl

3666267.1

Case: 1:20-cv-04699 Document #: 11-14 Filed: 08/27/20 Page 4 of 4 PageID #:199