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JOINT STATUS REPORT

Pursuant to Section II (2) of Case Management Order No. 3, Plaintiffs’ Co-Lead Counsel 

and Defendants jointly submit this status report and state as follows:

1. Consolidated Complaint: As previously stated in Plaintiffs’ October 9, 2020 

status report, Plaintiffs’ Co-Lead Counsel (with input from the PSC) is working to draft a 

Consolidated Amended Complaint to be filed on or before November 23, 2020. After the 

Consolidated Amended Complaint is filed, the parties have agreed to meet and confer concerning 

a schedule for Defendants’ responsive pleading, if any. 

2. Fact Discovery: The parties do not believe that setting a discovery schedule is 

necessary at this time. The parties have agreed to meet and confer concerning a discovery 

schedule, if appropriate, after Defendants’ responsive pleading is filed. 

3. Expert Discovery: The parties do not believe that setting an expert discovery 

schedule is necessary at this time. The parties have agreed to meet and confer concerning an 

expert discovery schedule, if appropriate, after Defendants’ responsive pleading is filed. 

4. Class Certification Issues: The parties do not wish to raise any class 

certification related issues at this time.

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 

Case: 1:20-cv-04699 Document #: 99 Filed: 10/30/20 Page 1 of 5 PageID #:1832
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5. Settlement Status: On September 4, 2020, prior to the Court’s appointment of 

Plaintiffs’ Leadership Group, Defendants and certain plaintiffs and their counsel executed a 

complete class settlement agreement. At the hearing on September 24, 2020, Defendants 

promised to disclose the settlement agreement and its terms to the non-settling portion of

Plaintiffs’ Leadership Group no later than October 19, 2020. Since that time, Plaintiffs’ 

Leadership Group negotiated early disclosure of the settlement terms, which disclosure was 

agreed to by Defendants on September 29, 2020. As of October 6, 2020, all members of 

Plaintiffs’ Leadership Group have received full transparency on the settlement negotiations and 

process for both rounds of mediation. Having exchanged all relevant information, Plaintiffs’ 

Leadership Group participated in multiple conferences concerning the settlement. Plaintiffs’ 

Leadership Group continues its analysis of the agreement with the goal of supporting it and 

suggesting revisions as necessary. 

6. Related State Court Actions: A state court matter, S.W. v. TikTok,Inc. et al., No. 

2020-CH-05839 (Cook Cty.) was filed on September 11, 2020 and is currently pending before 

the Honorable Raymond W. Mitchell. That action asserts claims under Illinois’ BIPA that are 

already included in this MDL and that are covered by the class settlement agreement that will be 

presented to this Court for approval. Defendants intend to remove the state court action to this 

Court no later than November 16, 2020, at which point that action will be automatically 

consolidated with the MDL by operation of Case Management Order No. 1 (ECF No. 4) ¶ 2 

(“Any ‘tag-along actions’ later filed in, removed to or transferred to this Court, or directly filed 

in the Northern District of Illinois, will automatically be consolidated with this action without the 

necessity of future motions or orders.”).

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7. Impact of T.K. et al. v. ByteDance Tech Co., Ltd. Et al., Case No. 19-cv-7915 

(N.D. Ill.) (Blakey, J.): The T.K. action alleges a different plaintiff class (children under age 13) 

and a different theory of relief (the failure to obtain verified parental consent to the collection of 

children’s information) than the actions in the MDL, and T.K. does not involve any allegation 

regarding the collection of biometric information. The T.K. action was also settled last year, prior 

to the filing of any of the actions in the MDL. The class settlement in T.K. was preliminarily 

approved by Judge Blakey last year in December 2019 and was originally scheduled for a final 

approval hearing on May 6, 2020 (which hearing was delayed until August due to this District’s 

COVID-19 scheduling orders). The motion for final approval of the class settlement in T.K. has 

now been fully briefed, argued, and under submission with Judge Blakey for some time, leaving 

no litigation activities in T.K. left to be coordinated with the MDL. For these reasons, despite 

some overlapping issues of fact and law in the pleadings, no party in the MDL or in T.K. has ever 

believed that action satisfied the requirements of 28 U.S.C. § 1407 to be included in the MDL. 

To eliminate any potential impact of the T.K. settlement on the settlement class in the MDL, the 

settling parties in the MDL have expressly negotiated the right of class members in the T.K.

settlement class (which consists solely of minors under age 13) to participate in the MDL 

settlement class, such that approval of the settlement in T.K. will not preclude participation in the 

MDL settlement, and approval of the MDL settlement will not preclude participation in the T.K.

settlement. Because the T.K. action will have no impact on the MDL should the settlement in 

T.K. be finally approved by Judge Blakey, this Court need not consolidate or coordinate that 

action with the MDL. 

Dated: October 30, 2020 Respectfully Submitted,

By: /s/ Katrina Carroll

Katrina Carroll

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CARLSON LYNCH, LLP

111 W. Washington St.

Suite 1240

Chicago IL 60602

312.750.1265

kcarroll@carlsonlynch.com

By: /s/ Elizabeth A. Fegan

Elizabeth A. Fegan

FEGAN SCOTT LLC

150 S. Wacker Dr., 24th Floor

Chicago, IL 60606

Ph: 312.741.1019

Fax: 312.264.0100

beth@hbsslaw.com

By: /s/ Ekwan Rhow

Ekwan Rhow

BIRD, MARELLA, BOXER, WOLPERT, 

NESSIM, DROOKS, LINCENBERG & 

RHOW, P.C.

1875 Century Park East, 23rd Floor

Los Angeles, CA 90067

(310) 201-2100

erhow@birdmarella.com

Plaintiffs Co-Lead Counsel

Dated: October 30, 2020 By: /s/ Anthony J Weibell

Anthony J Weibell

WILSON SONSINI 

GOODRICH & ROSATI

Professional Corporation

650 Page Mill Road

Palo Alto, CA 94304-1050

Telephone: (650) 493-9300

Facsimile: (650) 565-5100

aweibell@wsgr.com

Lead Counsel for Defendants 

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CERTIFICATE OF SERVICE

I, Katrina Carroll, an attorney, affirm that the foregoing was filed on October 30, 2020 on 

ECF, which automatically served all counsel of record.

Dated: October 30, 2020 By: /s/ Katrina Carroll

Katrina Carroll

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