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

 

DECLARATION OF STEVEN WEISBROT, ESQ. OF ANGEION GROUP LLC 

RE: THE PROPOSED NOTICE PLAN

I, Steven Weisbrot, Esq., declare under penalty of perjury as follows:

1. I am a partner at the class action notice and claims administration firm Angeion Group, 

LLC (“Angeion”). I am fully familiar with the facts contained herein based upon my personal 

knowledge. 

2. I have been responsible in whole or in part for the design and implementation of hundreds 

of court-approved notice and administration programs including some of the largest and most 

complex notice plans in recent history. I have taught numerous accredited Continuing Legal 

Education courses on the Ethics of Legal Notification in Class Action Settlements, using Digital 

Media in Due Process Notice Programs, as well as Claims Administration, generally. I am the 

author of multiple articles on Class Action Notice, Claims Administration, and Notice Design in 

publications such as Bloomberg, BNA Class Action Litigation Report, Law360, the ABA Class 

Action and Derivative Section Newsletter, and I am a frequent speaker on notice issues at 

conferences throughout the United States and internationally.

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3. I was certified as a professional in digital media sales by the Interactive Advertising Bureau 

(“IAB”) and I am co-author of the Digital Media section of Duke Law’s Guidelines and Best 

Practices—Implementing 2018 Amendments to Rule 23.

4. I have given public comment and written testimony to the Judicial Conference Committee 

on Rules of Practice and Procedure on the role of direct mail, email, broadcast media, digital media 

and print publication, in effecting Due Process notice, and I have met with representatives of the 

Federal Judicial Center to discuss the 2018 amendments to Rule 23 and suggested an educational 

curriculum for the judiciary concerning notice procedures. 

5. Prior to joining Angeion’s executive team, I was employed as Director of Class Action 

services at Kurtzman Carson Consultants, an experienced notice and settlement administrator. 

Prior to my notice and claims administration experience, I was employed in private law practice.

6. My notice work comprises a wide range of class actions that include product defect, data 

breach, mass disasters, false advertising, employment, antitrust, tobacco, banking, firearm, 

insurance, and bankruptcy cases. 

7. I have been at the forefront of infusing digital media, as well as big data and advanced 

targeting, into class action notice programs. For example, the Honorable Sarah Vance stated in 

her December 31, 2014 Order in In Re: Pool Products Distribution Market Antitrust Litigation,

MDL No. 2328:

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. 

As detailed below, courts have repeatedly recognized my work in the design of class action 

notice programs:

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(a) On February 24, 2017, The Honorable Ronald B. Rubin in James Roy et al. v. 

Titeflex Corporation et al., No. 384003V (Md. Cir. Ct.), noted when granting preliminary 

approval to the settlement: 

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 a 

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

provisions are exquisite. (Emphasis added).

(b) Likewise, on July 21, 2017, The Honorable John A. Ross in In Re Ashley Madison 

Customer Data Security Breach Litigation, MDL No. 2669 (E.D. Mo.), stated in the Court’s Order 

granting preliminary approval of the settlement:

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. (Emphasis added).

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.

(c) In the In Re Chrysler-Dodge-Jeep EcoDiesel Marketing, Sales Practices, and 

Products Liability Litigation, Case No. 17-md-02777-EMC (N.D. Cal.), in the Court’s February 

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11, 2019 Order, the Honorable Edward M. Chen ruled: 

[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).

(d) On June 26, 2018, in his Order granting preliminary approval of the settlement in 

Mayhew v. KAS Direct, LLC, et al., Case No. 16-cv-6981 (VB) (S.D.N.Y.), The Honorable 

Vincent J. Briccetti ruled:

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.

(e) A comprehensive summary of judicial recognition Angeion has received is 

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attached hereto as Exhibit A.

8. By way of background, Angeion is an experienced class action notice and claims 

administration company formed by a team of executives that have had extensive tenures at five 

other nationally recognized claims administration companies. Collectively, the management team 

at Angeion has overseen more than 2,000 class action settlements and distributed over $15 billion 

to class members. The executive profiles as well as the company overview are available at

www.angeiongroup.com/our_team.htm.

9. As a class action administrator, Angeion has regularly been approved by both federal and 

state courts throughout the United States and abroad to provide notice of settlement and claims 

processing services. 

10. Angeion has had extensive experience as the court appointed notice or claims 

administrator in the following data or privacy cases:

Case Caption Case/Index No. Court Details

In re: Google Plus Profile Litigation 5:18-cv-06164 N.D. Cal.

T.K. et al. v. Bytedance Technology Co. Ltd. Et al. 1:19-cv-07915 N.D. Ill.

McDonald et al. v. Kiloo A/S et al.; Rushing et al. v. The Walt 

Disney Co. et al.; Rushing et al. v. ViacomCBS Inc. et al.

3:17-cv-04344; 

3:17-cv-04419; 

3:17-cv-04492 N.D. Cal.

In re: Ashley Madison Customer Data Security Breach Litigation 4:15-md-02669 E.D. Mo.

Beckett v Aetna Inc. 2:17-cv-3864 E.D. Pa.

Pagoaga v Stephens Institute d/b/a Academy of Art University CGC 16-551952 Cal. Super. Ct.

Rivera v Aimbridge Hospitality, LLC 2018-CA-7870

Fla. 13th Cir. 

Ct.

McKenzie v Allconnect Inc. 5:18-cv-00359 E.D. Ky.

Friske v Bonnier Corporation 2:16-cv-12799 E.D. Mich.

Clark v. Experian Information Solutions, Inc. 3:16-cv-00032 E.D. Va.

In re: Home Depot, Inc., Customer Data Security Breach Litigation 1:14-md-02583 N.D. Ga.

Remijas et al. v. Neiman Marcus Group LLC 1:14-cv-01735 N.D. Ill.

Sackin, et al. v. TransPerfect Global, Inc. 1:17-cv-01469 S.D.N.Y.

Cotter v. Checkers Drive-In Restaurants Inc. 8:19-cv-01386 M.D. Fla.

Kokobaeva v Eddie Bauer LLC 14-06964-C Ma. Super. Ct.

Nguyen v. Mitchell Gold Co. 2018-00966249 Cal. Super. Ct.

Wilcox v. James Craig Swapp et al. 2:17-cv-00275 E.D. Wash.

Taha v Bucks County 2:12-cv-06867 E.D. Pa.

11. This declaration will describe the Notice Program that we will implement in this matter, 

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including the considerations that informed the development of the plan and why it will provide 

Due Process of Law to the Class. 

SUMMARY OF THE NOTICE PROGRAM

12. In my professional opinion, the Notice Program detailed below is the best notice that is 

practicable under the circumstances and fully comports with due process and Fed. R. Civ. P. 23. 

The Notice Program provides individual direct notice to all reasonably identifiable Class 

Members combined with a state-of-the-art media campaign comprised of internet advertising, 

social media advertising and a paid search campaign. As detailed below, specific emphasis will 

be given towards Illinois Class Members throughout the media campaign to inform those Class 

Members of their increased award amount.

13. In addition, a customized and strategic claims stimulation package will be implemented 

during the claim filing period to further Class Member participation in the Settlement. The claims 

stimulation package consists of an active listening component on Twitter, additional targeted 

social media ad placements on Facebook & Instagram, as well as an extension of the paid search 

campaign.

14. The Notice Program also includes a dedicated settlement website and toll-free telephone 

line where Class Members can learn more about their rights and options pursuant to the terms of 

the Settlement. 

15. As discussed in greater detail below, the national media campaign component of the 

Notice Program is designed to deliver an approximate 95.23% reach with an average frequency 

of 5.85 times. What this means in practice is that 95.23% of our Target Audience will see a digital 

advertisement concerning the Settlement an average of 5.85 times each. The 95.23% reach is 

separate and apart from the direct notice effort, the claims stimulation package, dedicated website,

and toll-free telephone line, all of which are difficult to measure in terms of reach percentage but 

will nonetheless provide awareness and further diffuse news of the Settlement to Class Members.

The 95.23% reach is also separate and apart from the direct notice efforts and the Illinois-focused 

media efforts described below.

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16. The Federal Judicial Center states that a publication notice plan that reaches 70% of class 

members is one that reaches a “high percentage” and is within the “norm”. Barbara J. Rothstein 

& Thomas E. Willging, Federal Judicial Center, “Managing Class Action Litigation: A Pocket 

Guide or Judges”, at 27 (3d Ed. 2010).

CLASS DEFINITION

17. The Settlement Class is defined as all persons who reside in the United States who used 

the TikTok - Make Your Day video-sharing application (or its Musical.ly predecessor) distributed 

in the U.S. prior to preliminary approval of the Settlement.

18. Angeion has been informed that it will be provided with email addresses for 

approximately one-third of the Class Members. Angeion will use this Class Member data to 

provide direct notice to Class Members, as described below.

DIRECT NOTICE

Email Notice

19. Angeion will cause notice of the Settlement to be sent to all valid email addresses it 

receives. Prior to disseminating notice via email, Angeion will perform an extensive analysis of 

the class data records that contain an email address. The email addresses will be subjected to an 

email cleansing and will be deduplicated. The email cleansing process removes extra spaces, fixes 

common typographical errors in domain name, and corrects insufficient domain suffixes (e.g.,

gmal.com to gmail.com, gmail.co to gmail.com, yaho.com to yahoo.com, etc.). After the cleansing 

process wherein the email addresses will be standardized, the records will be subjected to a 

deduplication process which matches records based on the email address, so that Class Members 

contained in the data multiple times will not receive the same notification multiple times. In the

event a Class Member has multiple email addresses, that Class Member will be sent a notice to 

each unique email address. 

20. The standardized and deduplicated email addresses will then be subject to an email 

validation process whereby each email address is compared to known bad email addresses and 

where the address was not designated as a known bad address. As an additional validation process, 

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the email address will be verified by contacting the Internet Service Provider (“ISP”) to determine 

if the email address exists.

21. Further, Angeion designs the email notice to avoid many common “red flags” that might 

otherwise cause a Class Members’ spam filter to block or identify the email notice as spam. For 

instance, Angeion does not include the Claim Form or Long Form Notice as an attachment to the 

email notice, because attachments are often interpreted by various Internet Service Providers 

(“ISP”) as spam. Rather, in accordance with industry best practices, Angeion includes a link to all 

operative documents so that Class Members can easily access this information. 

22. Angeion also accounts for the real-world reality that some emails will inevitably fail to be 

delivered during the initial delivery attempt. Therefore, after the initial noticing campaign is 

complete, Angeion, after an approximate 24-72-hour rest period (which allows any temporary 

block at the ISP level to expire) causes a second round of email noticing to continue to any email 

addresses that were previously identified as soft bounces and not delivered. In our experience, this 

minimizes emails that may have erroneously failed to deliver due to sensitive servers and optimizes 

delivery.

23. At the completion of the email campaign, Angeion will report to the Court concerning the 

rate of delivered emails accounting for any emails that are blocked at the ISP level. 

MEDIA NOTICE

24. Angeion will utilize a form of internet advertising known as Programmatic Display 

Advertising, which is the leading method of buying digital advertisements in the United States. It 

is estimated that U.S. advertisers spent nearly $60 billion on programmatic display advertising in 

2019 in 2021, it is estimated that almost 88%, or $81 billion, of all U.S. digital display ad dollars 

will transact programmatically1. In laymen’s terms, programmatic advertising is a method of 

advertising where an algorithm identifies and examines demographic profiles and uses advanced 

1

“US Programmatic Ad Spending Forecast 2019” available at https://www.emarketer.com/content/us-programmaticad-spending-forecast-2019.

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technology to place advertisements on the websites where members of the audience are predicted 

to visit (these websites are accessible on computers, mobile phones and tablets).

25. The Settlement Class definition was used as the starting point to create the media notice 

campaign. To develop the media notice campaign and to verify its effectiveness, our media team 

analyzed data from 2020 comScore Multi-Platform//GfK MRI Media + Fusion to profile the class 

and arrive at the Target Audience. The following syndicated research definition was used to profile 

Class Members and create an appropriate Target Audience:

• Social Media used in the last 30 days: TIKTOK

26. Based on the target definition, the potential audience size is estimated to be 34,680,000 

individuals. The Target Audience is based on objective syndicated data, which will allow the 

parties to report the reach and frequency to the court, with the confidence that the reach within the 

Target Audience and the number of exposure opportunities complies with due process and exceeds 

the Federal Judicial Center’s threshold as to reasonableness in notification programs. 

27. Understanding the socio-economic characteristics, interests and practices of a target group 

aids in the proper selection of media to reach that target. Here, the Target Audience has the 

following characteristics:

• 53.52% are ages 18-34, with a median age of 33.7

• 58.36% are female

• 43.10% are now married

• 44.91% have children

• 63.38% have some college education or higher

• 70.75% are currently employed full or part time

• The average household income is $77,390

• 91.67% have used social media in the last 30 days

28. To identify the best vehicles to deliver messaging to the Target Audience, Angeion also 

reviewed the media quintiles, which measure the degree to which an audience uses media relative 

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to the general population. Here, the objective syndicated data shows that members of the Target 

Audience are “heavy” internet users. 

29. Given the strength of digital advertising, as well as our Target Audience’s internet use, we 

recommend utilizing a robust internet advertising campaign to reach Class Members. This media 

schedule will allow us to deliver an effective reach level and a vigorous frequency, which will 

provide due and proper notice to the class. 

30. Angeion utilizes a programmatic approach when purchasing digital media. This approach 

allows us to focus squarely on the reaching the prototypical individual Class Member, rather than 

allocating resources to determine which websites would be most appropriate based on a 

demographic profile. Programmatic media purchasing relies on advanced targeting, machine 

learning, and a known and verifiable Target Audience profile to ensure we are reaching members 

of our Target Audience online. In fact, purchasing display and mobile inventory programmatically 

provides the highest reach, allows for multiple advanced targeting layers, and offers the most costefficient rates to reach potential Class Members. Advertisements will run on desktop and mobile 

devices to reach the most qualified audience where they surf, shop and play. Moreover, targeting 

users of Tok-tok will also help qualify impressions to ensure messaging is served to the most 

relevant audience. 

31. Multiple targeting layers will be implemented into the programmatic campaign to help 

ensure delivery to the most appropriate users, inclusive of the following tactics:

• Look-a-like Modeling: Using data methods, we will build a look-a-like audience against 

known Tok-tok users.

• Predictive Targeting (prospecting): Allows technology to “predict” which users will be 

served the ad.

• Audience Targeting: Leverage demographic and behavioral data to find our exact audience.

• Search Retargeting: Target users based on previous searches related to “Tik Tok” 

keywords.

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• Geotargeting: The campaign will be targeted nationwide, with a weighted delivery based 

on how the measured audience is geographically spread throughout the country. In 

addition, Illinois class member will be specifically targeted to highlight the increased award 

amounts available to Illinois Class Members.

• Site Retargeting: Re-message previous site visitors to drive conversion with qualified 

audiences.

32. To combat the possibility of non-human viewership of the digital advertisements and to 

verify effective unique placements, Angeion employs Oracle’s BlueKai, LiveRamp, and/or 

Lotame, which are demand management platforms (“DMP”), as well as comScore Content 

Activation, DoubleVerify, GrapeShot, Peer39 and Moat are online ad verification and security 

provider examples, which will be deployed to provide a higher quality of service to ad 

performance.

33. DMPs allow Angeion to learn more about the online audiences that are being reached. 

Through pixels attached behind the scenes, Angeion can and will collect data on users who are 

served impressions, click on the banner, and visit the dedicated website. From this data, 

demographic profiles can be developed and leveraged for changes in targeting strategies to 

increase the overall performance of the digital campaign. These insights help Angeion to 

understand the type of user profile that is most valuable to campaign success. 

34. The internet banner notice portion will be implemented using desktop and mobile 

campaign, utilizing standard IAB sizes (160x600, 300x250, 728x90, 300x600, 320x50 and 

300x50). The internet banner notice portion is designed to serve approximately 64,285,714

impressions nationally and is strategically designed to notify and drive Class Members to the 

dedicated settlement website, where they can find more information about the Settlement and are 

able to submit a claim form. Likewise, the separate Illinois banner ad plan is designed to provide

approximately 1,528,571 impressions in Illinois.

35. To track campaign success, Angeion will implement conversion pixels throughout the 

settlement website to better understand audience behavior and identify those members who are 

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most likely to convert. The programmatic algorithm will change based on success and failure to 

generate conversions throughout the process. Successful conversion on the claim submission 

button will be the primary goal, driving optimizations. 

SOCIAL MEDIA CAMPAIGN

36. The Notice Program also includes a social media campaign utilizing Facebook, Instagram,

and Twitter, which are amongst the leading social media platforms in North America. The social 

media campaign uses an interest-based approach which focuses on the interests that users exhibit 

while on the social media platform. 

37. We will engage with the Target Audience via a mix of news feed and stories units to 

optimize performance. Look-a-like modeling against known audiences, build segments to target 

consumer profiles, conquesting and geo-targeting will be implemented to further qualify and 

deliver impressions to the Target Audience. Specifically, we will geotarget Illinois to highlight the 

increased award amounts for Illinois Class Members.

38. The social media campaign will coincide with the programmatic display advertising 

portion of the Notice Program and is designed to deliver approximately 88,750,000 impressions

via Facebook and Instagram, and approximately 40,000,000 impressions via Twitter.

39. The separate digital media campaign focused on Illinois is designed to deliver 

approximately 4,500,000 impressions via Facebook and Instagram, and approximately 300,000 

impressions via Twitter.

PAID SEARCH CAMPAIGN

40. The Notice Program also includes a paid search campaign to help drive Settlement Class 

Members who are actively searching for information about the Settlement to the dedicated 

Settlement Website. Paid search ads will complement the programmatic campaign, as search 

engines are frequently used to locate a specific website, rather than a person typing in the URL. 

Search terms would relate to not only the Settlement itself but also the subject-matter of the 

litigation. 

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CLAIMS STIMULATION PROGRAM

41. In addition to the above notice efforts, Angeion will implement a custom Claims 

Stimulation Noticing Program consisting of additional targeted social media ad placements on 

Facebook & Instagram, an extension of the paid search campaign and active listening on Twitter. 

The Claims Stimulation noticing will use simplified messaging specifically designed to drive Class 

Members to the Settlement Website and ultimately submit a claim. The timing of the additional 

noticing is intended to capitalize on the earned media (i.e., mainstream, and social media attention) 

this Settlement is likely to receive given the popularity of Tok-tok. Angeion will provide a 

supplemental declaration to provide the Court with the details and effective implementation of the 

Claims Stimulation Noticing.

Social Media

42. Angeion will also cause the settlement to be promoted on Twitter. Our methodology 

includes an “active listening” component wherein we monitor Twitter traffic for discussion of the 

settlement, and actively provide notice, and/or answers to frequently asked question via Twitter as 

appropriate.

RESPONSE MECHANISMS

43. The Notice Program will also implement the creation of a case-specific website, where 

Class Members can easily view general information about this class action Settlement, review 

relevant Court documents, and view important dates and deadlines pertinent to the Settlement. 

The website will be designed to be user-friendly and make it easy for Class Members to find 

information about the case. The website will also have a “Contact Us” page whereby Class 

Members can send an email with any additional questions to a dedicated email address. 

44. Class Members will also be able to submit a claim form online via the Settlement Website.

45. A toll-free hotline devoted to this case will be implemented to further apprise Class 

Members of their rights and options pursuant to the terms of the Settlement. The toll-free hotline 

will utilize an interactive voice response (“IVR”) system to provide Class Members with responses 

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to frequently asked questions and provide essential information regarding the Settlement. This 

hotline will be accessible 24 hours a day, 7 days a week. 

REACH AND FREQUENCY

46. This declaration describes the reach and frequency evidence which courts systemically rely 

upon in reviewing class action publication notice programs for adequacy. The reach percentage 

and the number of exposure opportunities meet or exceed the guidelines as set forth in the Federal 

Judicial Center’s Judges’ Class Action Notice and Claims Process Checklist and Plain Language 

Guide.

47. Specifically, the national media portions of the Notice Program are designed to deliver an 

approximate 95.23% reach with an average frequency of 5.85 times each. The 95.23% reach does 

not include the direct notice efforts, dedicated settlement website and toll-free hotline, which are 

not calculable in reach percentage but will nonetheless aid in informing Class Members of their 

rights and options under the Settlement and is also independent from the claims stimulation 

package. Likewise, the separate Illinois media plan is not included in the 95.23% reach of the 

national plan.

CONCLUSION

48. The Notice Program outlined above includes direct notice to all reasonably identifiable 

Class Members, combined with a robust media campaign consisting of state-of-the-art internet 

advertising, robust social media campaign and a paid search campaign. Further, the Notice 

Program provides for a carefully tailored claims stimulation package to further diffuse notice of 

the settlement and remind Class Members of their ability to submit claims during the claim filing 

period and includes the implementation of a dedicated settlement website and toll-free hotline to 

further inform Class Members of their rights and options in the litigation.

49. In my opinion, the Notice Program will provide full and proper notice to Class Members 

before the claims, opt-out, and objection deadlines. Moreover, it is my opinion that Notice 

Program is the best notice that is practicable under the circumstances, fully comports with due 

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process and Fed. R. Civ. P. 23. After the Notice Program has concluded, Angeion will provide a 

final report verifying its effective implementation.

I hereby declare under penalty of perjury that the foregoing is true and correct. 

Dated: February 23, 2021

____________________

STEVEN WEISBROT

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Exhibit A

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Judicial Recognition

© Angeion Group, LLC 

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IN RE: APPLE INC. DEVICE PERFORMANCE LITIGATION

Case No. 5:18-md-02827

The Honorable Edward J. Davila, United States District Court, Northern District of California (May 

7, 2020): The Court approves the Claim Form, Class Notice, and Summary Notice, which are

attached to the Settlement Agreement as Exhibits A, B, and C, respectively, and finds that their

dissemination substantially in the manner and form set forth in the Settlement Agreement meets

the requirements of Federal Rule of Civil Procedure 23 and due process, constitutes the best notice

practicable under the circumstances, and is reasonably calculated, under the circumstances, to

apprise members of the Settlement Class of the pendency of the Actions, the effect of the

proposed Settlement (including the releases contained therein), the anticipated Motion for

Attorneys’ Fees and/or Expenses and for Service Awards, and their rights to participate in, opt out

of, or object to any aspect of the proposed Settlement.

IN RE: GOOGLE PLUS PROFILE LITIGATION

Case No. 5:18-cv-06164

The Honorable Edward J. Davila, United States District Court, Northern District of California (June 

10, 2020): The Court approves the program for disseminating notice to Class Members set forth 

in the Agreement and Exhibits A and B thereto (herein, the “Notice Program”). The Court approves 

the form and content of the proposed forms of notice, in the forms attached as Exhibits A and B 

to the Agreement. (Doc. 57-2). The Court finds that the proposed forms of notice are clear and 

readily understandable by Class Members. The Court finds that the Notice Program, including the 

proposed forms of notice, is reasonable and appropriate and satisfies any applicable due process 

and other requirements, and is the only notice to the Class Members of the Settlement that is 

required.

IN RE: HANNA ANDERSSON AND SALESFORCE.COM DATA BREACH LITIGATION

Case No. 3:20-cv-00812

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

(December 29, 2020): The Court finds that the Class Notice and Notice Program satisfy the 

requirements of due process and Rule 23 of the Federal Rules of Civil Procedure and provide the 

best notice practicable under the circumstances.

IN RE: PEANUT FARMERS ANTITRUST LITIGATION

Case No. 2:19-cv-00463

The Honorable Raymond A. Jackson, United States District Court, Eastern District of Virginia 

(December 23, 2020): The Court finds that the Notice Program...constitutes the best notice that 

is practicable under the circumstances and is valid, due and sufficient notice to all persons entitled 

thereto and complies fully with the requirements of Rule 23(c)(2) and the due process 

requirements of the Constitution of the United States.

BENTLEY ET AL. v. LG ELECTRONICS U.S.A., INC.

Case No. 2:19-cv-13554

The Honorable Madeline Cox Arleo, United States District Court, District of New Jersey (December 

18, 2020): The Court finds that notice of this Settlement was given to Settlement Class Members 

in accordance with the Preliminary Approval Order and constituted the best notice practicable of 

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the proceedings and matters set forth therein, including the Litigation, the Settlement, and the 

Settlement Class Members’ rights to object to the Settlement or opt out of the Settlement Class, 

to all Persons entitled to such notice, and that this notice satisfied the requirements of Federal 

Rule of Civil Procedure 23 and of due process.

IN RE: ALLURA FIBER CEMENT SIDING PRODUCTS LIABILITY LITIGATION

Case No. 2:19-mn-02886

The Honorable David C. Norton, United States District Court, District of South Carolina (December 

18, 2020): The proposed Notice provides the best notice practicable under the circumstances. It 

allows Settlement Class Members a full and fair opportunity to consider the proposed settlement. 

The proposed plan for distributing the Notice likewise is a reasonable method calculated to reach 

all members of the Settlement Class who would be bound by the settlement. There is no additional 

method of distribution that would be reasonably likely to notify Settlement Class Members who 

may not receive notice pursuant to the proposed distribution plan. 

ADKINS ET AL. v. FACEBOOK, INC.

Case No. 3:18-cv-05982

The Honorable William Alsup, United States District Court, Northern District of California 

(November 15, 2020): Notice to the class is “reasonably calculated, under all the circumstances, 

to apprise interested parties of the pendency of the action and afford them an opportunity to 

present their objections.” Mullane v. Central Hanover Bank & Tr. Co., 399 U.S. 306, 314 (1650).

IN RE: 21ST CENTURY ONCOLOGY CUSTOMER DATA SECURITY BREACH LITIGATION

Case No. 8:16-md-02737

The Honorable Mary S. Scriven, United States District Court, Middle District of Florida (November 

2, 2020): The Court finds and determines that mailing the Summary Notice and publication of 

the Settlement Agreement, Long Form Notice, Summary Notice, and Claim Form on the 

Settlement Website, all pursuant to this Order, constitute the best notice practicable under the 

circumstances, constitute due and sufficient notice of the matters set forth in the notices to all 

persons entitled to receive such notices, and fully satisfies the of due process, Rule 23 of the 

Federal Rules of Civil Procedure, 28 U.S.C. § 1715, and all other applicable laws and rules. The 

Court further finds that all of the notices are written in plain language and are readily 

understandable by Class Members.

MARINO ET AL. v. COACH INC.

Case No. 1:16-cv-01122

The Honorable Valerie Caproni, United States District Court, Southern District of New York (August 

24, 2020): The Court finds that the form, content, and method of giving notice to the Settlement 

Class as described in paragraph 8 of this Order: (a) will constitute the best practicable notice; (b) 

are reasonably calculated, under the circumstances, to apprise the 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 Settlement Class 

Members and other persons entitled to receive notice; and (d) meet all applicable requirements 

of law, including but not limited to 28 U.S.C. § 1715, Rule 23(c) and (e), and the Due Process 

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Clause(s) of the United States Constitution. The Court further finds that all of the notices are 

written in plain language, are readily understandable by Settlement Class Members, and are 

materially consistent with the Federal Judicial Center’s illustrative class action notices.

BROWN v. DIRECTV, LLC

Case No. 2:13-cv-01170

The Honorable Dolly M. Gee, United States District Court, Central District of California (July 23, 

2020): Given the nature and size of the class, the fact that the class has no geographical 

limitations, and the sheer number of calls at issue, the Court determines that these methods 

constitute the best and most reasonable form of notice under the circumstances.

IN RE: SSA BONDS ANTITRUST LITIGATION

Case No. 1:16-cv-03711

The Honorable Edgardo Ramos, United States District Court, Southern District of New York (July 

15, 2020): The Court finds that the mailing and distribution of the Notice and the publication of 

the Summary Notice substantially in the manner set forth below meet the requirements of Rule 

23 of the Federal Rules of Civil Procedure and due process and constitute the best notice 

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

entitled to notice.

KJESSLER ET AL. v. ZAAPPAAZ, INC. ET AL.

Case No. 4:18-cv-00430

The Honorable Nancy F. Atlas, United States District Court, Southern District of Texas (July 14, 

2020): The Court also preliminarily approves the proposed manner of communicating the Notice 

and Summary Notice to the putative Settlement Class, as set out below, and finds it is the best 

notice practicable under the circumstances, constitutes due and sufficient notice to all persons 

and entities entitled to receive such notice, and fully satisfies the requirements of applicable laws, 

including due process and Federal Rule of Civil Procedure 23.

HESTER ET AL. v. WALMART, INC.

Case No. 5:18-cv-05225

The Honorable Timothy L. Brooks, United States District Court, Western District of Arkansas (July 

9, 2020): The Court finds that the Notice and Notice Plan substantially in the manner and form 

set forth in this Order and the Agreement meet the requirements of Federal Rule of Civil Procedure 

23 and due process, is the best notice practicable under the circumstances, and shall constitute 

due and sufficient notice to all Persons entitled thereto.

CLAY ET AL. v. CYTOSPORT INC.

Case No. 3:15-cv-00165

The Honorable M. James Lorenz, United States District Court, Southern District of California (June 

17, 2020): The Court approves the proposed Notice Plan for giving notice to the Settlement Class 

through publication, both print and digital, and through the establishment of a Settlement 

Website, as more fully described in the Agreement and the Claims Administrator’s affidavits (docs. 

no. 222-9, 224, 224-1, and 232-3 through 232-6). The Notice Plan, in form, method, and content, 

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complies with the requirements of Rule 23 and due process, and constitutes the best notice 

practicable under the circumstances.

GROGAN v. AARON’S INC.

Case No. 1:18-cv-02821

The Honorable J.P. Boulee, United States District Court, Northern District of Georgia (May 1, 2020): 

The Court finds that the Notice Plan as set forth in the Settlement Agreement meets the 

requirements of Fed. R. Civ. P. 23 and constitutes the best notice practicable under the 

circumstances, including direct individual notice by mail and email to Settlement Class Members 

where feasible and a nationwide publication website-based notice program, as well as establishing 

a Settlement Website at the web address of www.AaronsTCPASettlement.com, and satisfies fully

the requirements the Federal Rules of Civil Procedure, the U.S. Constitution, and any other

applicable law, such that the Settlement Agreement and Final Order and Judgment will be binding 

on all Settlement Class Members.

CUMMINGS v. BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO, ET AL.

Case No. D-202-CV-2001-00579

The Honorable Carl Butkus, Second Judicial District Court, County of Bernalillo, State of New 

Mexico (March 30, 2020): The Court has reviewed the Class Notice, the Plan of Allocation and 

Distribution and Claim Form, each of which it approves in form and substance. The Court finds 

that the form and methods of notice set forth in the Agreement: (i) are reasonable and the best 

practicable notice under the circumstances; (ii) are reasonably calculated to apprise Settlement 

Class Members of the pendency of the Lawsuit, of their rights to object to or opt-out of the 

Settlement, and of the Final Approval Hearing; (iii) constitute due, adequate, and sufficient notice 

to all persons entitled to receive notice; and (iv) meet the requirements of the New Mexico Rules 

of Civil Procedure, the requirements of due process under the New Mexico and United States 

Constitutions, and the requirements of any other applicable rules or laws.

SCHNEIDER, ET AL. v. CHIPOTLE MEXICAN GRILL, INC.

Case No. 4:16-cv-02200

The Honorable Haywood S. Gilliam, Jr., United States District Court, Northern District of California 

(January 31, 2020): Given that direct notice appears to be infeasible, the third-party settlement 

administrator will implement a digital media campaign and provide for publication notice in 

People magazine, a nationwide publication, and the East Bay Times. SA § IV.A, C; Dkt. No. 205-12 

at ¶¶ 13–23. The publication notices will run for four consecutive weeks. Dkt. No. 205 at ¶ 23. The 

digital media campaign includes an internet banner notice implemented using a 60-day desktop 

and mobile campaign. Dkt. No. 205-12 at ¶ 18. It will rely on “Programmatic Display Advertising” 

to reach the “Target Audience,” Dkt. No. 216-1 at ¶ 6, which is estimated to include 30,100,000 

people and identified using the target definition of “Fast Food & Drive-In Restaurants Total 

Restaurants Last 6 Months [Chipotle Mexican Grill],” Dkt. No. 205-12 at ¶ 13. Programmatic display 

advertising utilizes “search targeting,” “category contextual targeting,” “keyword contextual 

targeting,” and “site targeting,” to place ads. Dkt. No. 216-1 at ¶¶ 9–12. And through “learning” 

technology, it continues placing ads on websites where the ad is performing well. Id. ¶ 7. Put 

simply, prospective Class Members will see a banner ad notifying them of the settlement when 

they search for terms or websites that are similar to or related to Chipotle, when they browse 

websites that are categorically relevant to Chipotle (for example, a website related to fast casual 

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dining or Mexican food), and when they browse websites that include a relevant keyword (for 

example, a fitness website with ads comparing fast casual choices). Id. ¶¶ 9–12. By using this 

technology, the banner notice is “designed to result in serving approximately 59,598,000 

impressions.” Dkt. No. 205-12 at ¶ 18.

The Court finds that the proposed notice process is “‘reasonably calculated, under all the 

circumstances,’ to apprise all class members of the proposed settlement.” Roes, 944 F.3d at 1045 

(citation omitted).

HANLEY v. TAMPA BAY SPORTS AND ENTERTAINMENT LLC

Case No. 8:19-cv-00550

The Honorable Charlene Edwards Honeywell, United States District Court, Middle District of 

Florida (January 7, 2020): The Court approves the form and content of the Class notices and claim 

forms substantially in the forms attached as Exhibits A-D to the Settlement. The Court further finds

that the Class Notice program described in the Settlement is the best practicable under the

circumstances. The Class Notice program is reasonably calculated under the circumstances to

inform the Settlement Class of the pendency of the Action, certification of a Settlement Class, the 

terms of the Settlement, Class Counsel’s attorney’s fees application and the request for a service 

award for Plaintiff, and their rights to opt-out of the Settlement Class or object to the Settlement. 

The Class notices and Class Notice program constitute sufficient notice to all persons entitled to 

notice. The Class notices and Class Notice program satisfy all applicable requirements of law, 

including, but not limited to, Federal Rule of Civil Procedure 23 and the Constitutional requirement 

of Due Process.

CORCORAN, ET AL. v. CVS HEALTH, ET AL.

Case No. 4:15-cv-03504

The Honorable Yvonne Gonzalez Rogers, United States District Court, Northern District of 

California (November 22, 2019): Having reviewed the parties’ briefings, plaintiffs’ declarations 

regarding the selection process for a notice provider in this matter and regarding Angeion Group 

LLC’s experience and qualifications, and in light of defendants’ non-opposition, the Court 

APPROVES Angeion Group LLC as the notice provider. Thus, the Court GRANTS the motion for 

approval of class notice provider and class notice program on this basis.

Having considered the parties’ revised proposed notice program, the Court agrees that the

parties’ proposed notice program is the “best notice that is practicable under the circumstances.”

The Court is satisfied with the representations made regarding Angeion Group LLC’s methods for

ascertaining email addresses from existing information in the possession of defendants. Rule 23

further contemplates and permits electronic notice to class members in certain situations. See

Fed. R. Civ. P. 23(c)(2)(B). The Court finds, in light of the representations made by the parties, that

this is a situation that permits electronic notification via email, in addition to notice via United

States Postal Service. Thus, the Court APPROVES the parties’ revised proposed class notice

program, and GRANTS the motion for approval of class notice provider and class notice program

as to notification via email and United States Postal Service mail.

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PATORA v. TARTE, INC.

Case No. 7:18-cv-11760

The Honorable Kenneth M. Karas, United States District Court, Southern District of New York 

(October 2, 2019): The Court finds that the form, content, and method of giving notice to the 

Class as described in Paragraph 9 of this Order: (a) will constitute the best practicable notice; (b) 

are reasonably calculated, under the circumstances, to apprise the 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 Settlement Class 

Members and other persons entitled to receive notice; and (d) meet all applicable requirements 

of law, including but not limited to 28 U.S.C. § 1715, Rule 23(c) and (e), and the Due Process 

Clauses of the United States Constitution. The Court further finds that all of the notices are written 

in simple terminology, are readily understandable by Settlement Class Members, and are 

materially consistent with the Federal Judicial Center's illustrative class action notices.

CARTER, ET AL. v. GENERAL NUTRITION CENTERS, INC., and GNC HOLDINGS, INC.

Case No. 2:16-cv-00633

The Honorable Mark R. Hornak, United States District Court, Western District of Pennsylvania 

(September 9, 2019): The Court finds that the Class Notice and the manner of its dissemination 

described in Paragraph 7 above and Section VII of the Agreement constitutes the best practicable 

notice under the circumstances and is reasonably calculated, under all the circumstances, to 

apprise proposed Settlement Class Members of the pendency of this action, the terms of the 

Agreement, and their right to object to or exclude themselves from the proposed Settlement 

Class. The Court finds that the notice is reasonable, that it constitutes due, adequate and sufficient 

notice to all persons entitled to receive notice, and that it meets the requirements of due process, 

Rule 23 of the Federal Rules of Ci vii Procedure, and any other applicable laws.

CORZINE v. MAYTAG CORPORATION, ET AL.

Case No. 5:15-cv-05764

The Honorable Beth L. Freeman, United States District Court, Northern District of California 

(August 21, 2019): The Court, having reviewed the proposed Summary Notice, 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 will provide the best 

notice practicable under the circumstances and satisfies all requirements of federal and state laws 

and due process.

MEDNICK v. PRECOR, INC.

Case No. 1:14-cv-03624

The Honorable Harry D. Leinenweber, United States District Court, Northern District of Illinois 

(June 12, 2019): Notice provided to Class Members pursuant to the Preliminary Class Settlement 

Approval Order constitutes the best notice practicable under the circumstances, including 

individual email and mail notice to all Class Members who could be identified through reasonable 

effort, including information provided by authorized third-party retailers of Precor. Said notice 

provided full and adequate notice of these proceedings and of the matter set forth therein, 

including the proposed Settlement set forth in the Agreement, to all persons entitled to such 

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notice, and said notice fully satisfied the requirements of F.R.C.P. Rule 23 (e) and (h) and the 

requirements of due process under the United States and California Constitutions.

GONZALEZ v. TCR SPORTS BROADCASTING HOLDING LLP, ET AL.

Case No. 1:18-cv-20048

The Honorable Darrin P. Gayles, United States District Court, Southern District of Florida (May 24, 

2019): The Court finds that notice to the class was reasonable and the best notice practicable 

under the circumstances, consistent with Rule 23(e)(1) and Rule 23(c)(2)(B).

ANDREWS ET AL. v. THE GAP, INC., ET AL.

Case No. CGC-18-567237

The Honorable Richard B. Ulmer Jr., Superior Court of the State of California, County of San 

Francisco (May 10, 2019): The Court finds that (a) the Full Notice, Email Notice, and Publication 

constitute the best notice practicable under the circumstances, (b) they constitute valid, due, and 

sufficient notice to all members of the Class, and (c) they comply fully with the requirements of 

California Code of Civil Procedure section 382, California Rules of Court 3.766 and 3.769, the 

California and United States Constitutions, and other applicable law.

COLE, ET AL. v. NIBCO, INC.

Case No. 3:13-cv-07871

The Honorable Freda L. Wolfson, United States District Court, District of New Jersey (April 11, 

2019): The record shows, and the Court finds, that the Notice Plan has been implemented in the 

manner approved by the Court in its Preliminary Approval Order. The Court finds that the Notice 

Plan constitutes: (i) the best notice practicable to the Settlement Class under the circumstances; 

(ii) was reasonably calculated, under the circumstances, to apprise the Settlement Class of the 

pendency of this..., (iii) due, adequate, and sufficient notice to all Persons entitled to receive notice; 

and (iv) notice that fully satisfies the requirements of the United States Constitution (including the 

Due Process Clause), Fed. R. Civ. P. 23, and any other applicable law.

DIFRANCESCO, ET AL. v. UTZ QUALITY FOODS, INC.

Case No. 1:14-cv-14744

The Honorable Douglas P. Woodlock, United States District Court, District of Massachusetts 

(March 15, 2019): The Court finds that the Notice plan and all forms of Notice to the Class as set 

forth in the Settlement Agreement and Exhibits 2 and 6 thereto, as amended (the "Notice 

Program"), is reasonably calculated to, under all circumstances, apprise the members of the 

Settlement Class of the pendency of this action, the certification of the Settlement Class, the terms 

of the Settlement Agreement, and the right of members to object to the settlement or to exclude 

themselves from the Class. The Notice Program is consistent with the requirements of Rule 23 and 

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

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

LIABILITY LITIGATION

Case No. 3:17-md-02777

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 

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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.

RYSEWYK, ET AL. v. SEARS HOLDINGS CORPORATION and SEARS, ROEBUCK AND 

COMPANY 

Case No. 1:15-cv-04519

The Honorable Manish S. Shah, United States District Court, Northern District of Illinois (January 

29, 2019): The Court holds that the Notice and notice plan as carried out satisfy the requirements 

of Rule 23(e) and due process. This Court has previously held the Notice and notice plan to be 

reasonable and the best practicable under the circumstances in its Preliminary Approval Order 

dated August 6, 2018. (Dkt. 191) Based on the declaration of Steven Weisbrot, Esq. of Angeion 

Group (Dkt. No. 209-2), which sets forth compliance with the Notice Plan and related matters, the 

Court finds that the multi-pronged notice strategy as implemented has successfully reached the 

putative Settlement Class, thus constituting the best practicable notice and satisfying due process.

MAYHEW, ET AL. v. KAS DIRECT, LLC, and S.C. JOHNSON & SON, INC.

Case No. 7:16-cv-06981

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 

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

receive notice.

IN RE: OUTER BANKS POWER OUTAGE LITIGATION

Case No. 4:17-cv-00141

The Honorable James C. Dever III, United States District Court, Eastern District of North Carolina 

(May 2, 2018): The court has reviewed the proposed notice plan and finds that the notice plan 

provides the best practicable notice under the circumstances and, when completed, shall 

constitute fair, reasonable, and adequate notice of the settlement to all persons and entities 

affected by or entitled to participate in the settlement, in full compliance with the notice 

requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process. Thus, the court approves the proposed 

notice plan.

GOLDEMBERG, ET AL. v. JOHNSON & JOHNSON CONSUMER COMPANIES, INC.

Case No. 7:13-cv-03073

The Honorable Nelson S. Roman, United States District Court, Southern District of New York 

(November 1, 2017): Notice of the pendency of the Action as a class action and of the proposed 

Settlement, as set forth in the Settlement Notices, was given to all Class Members who could be 

identified with reasonable effort, consistent with the terms of the Preliminary Approval Order. The 

form and method of notifying the Class of the pendency of the Action as a class action and of the 

terms and conditions of the proposed Settlement met the requirements of Rule 23 of the Federal 

Rules of Civil Procedure, due process, and any other applicable law in the United States. Such 

notice constituted the best notice practicable under the circumstances, and constituted due and 

sufficient notice to all persons and entities entitled thereto.

HALVORSON v. TALENTBIN, INC.

Case No. 3:15-cv-05166

The Honorable Joseph C. Spero, United States District Court, Northern District of California (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 

Class Counsel and of information necessary to contact Settlement Class Counsel; and of the right 

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.

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IN RE: ASHLEY MADISON CUSTOMER DATA SECURITY BREACH LITIGATION

MDL No. 2669/Case No. 4:15-md-02669

The Honorable John A. Ross, United States District Court, Eastern District of Missouri (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.

TRAXLER, ET AL. v. PPG INDUSTRIES INC., ET AL.

Case No. 1:15-cv-00912

The Honorable Dan Aaron Polster, United States District Court, Northern District of Ohio (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 out of the Settlement Class in full compliance with the requirements of applicable law, 

including 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

The Honorable Thomas W. Thrash Jr., United States District Court, Northern District of Georgia

(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.

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ROY v. TITEFLEX CORPORATION t/a GASTITE and WARD MANUFACTURING, LLC

Case No. 384003V

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

Case No. 2:08-cv-00051

The Honorable Madeline Cox Arleo, United States District Court, District of New Jersey (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 to identify 

potential class members and an associated mailing and/or email address in the 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.

Case No. 2:15-cv-00259

The Honorable Mark R. Hornak, United States District Court, Western District of Pennsylvania (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].

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FUENTES, ET AL. v. UNIRUSH, LLC d/b/a UNIRUSH FINANCIAL SERVICES, ET AL.

Case No. 1:15-cv-08372

The Honorable J. Paul Oetken, United States District Court, Southern District of New York (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/Case No. 1:08-wp-65000

The Honorable Christopher A. Boyko, United States District Court, Northern District of Ohio (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 

satisfies all requirements of federal and state laws and due process.

SATERIALE, ET AL. v. R.J. REYNOLDS TOBACCO CO.

Case No. 2:09-cv-08394

The Honorable Christina A. Snyder, United States District Court, Central District of California (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, ET AL. v. SNYDER’S-LANCE, INC.

Case No. 0:13-cv-62496

The Honorable Joan A. Lenard, United States District Court, Southern District of Florida (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 

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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/Case No. 2:12-md-02328

The Honorable Sarah S. Vance, United States District Court, Eastern District of Louisiana

(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, ET AL. v. THE GALLUP ORGANIZATION, INC.

Case No. 0:13-cv-61747

The Honorable Marcia G. Cooke, United States District Court, Southern District of Florida (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 conditions meet the requirements of Fed. R. Civ. P. 23(c)(2)(B) and due process, 

constitute the 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

The Honorable Janice M. Stewart, United States District Court, District of Oregon (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.

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