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SAUDER SCHELKOPF’S MEMORANDUM IN SUPPORT OF KATRINA CARROLL 

AND JONATHAN JAGHER’S APPLICATION FOR APPOINTMENT AS CO-LEAD

COUNSEL AND PLAINTIFFS’ STEERING COMMITTEE 

PURSUANT TO FED. R. CIV. P. 23(g)

Sauder Schelkopf LLC, counsel for Plaintiff in the action originally styled Marks v. 

TikTok, Inc. et al., 1:20-cv-02883 (N. D. Ill., filed May 13, 2020), respectfully submits this 

memorandum in support of (1) Katrina Carroll of Carlson Lynch LLP and Jonathan Jagher of 

Freed Kanner London & Millen LLC’s joint application for appointment as Co-Lead Counsel 

(“Proposed Co-Lead Counsel”) and (2) the appointment of a Plaintiffs’ Steering Committee 

consisting of Robert Foote (Foote, Mielke, Chavez & O’Neil, LLC); Michael Gervais (Susman 

Godfrey LLP); Joseph Guglielmo (Scott+Scott Attorneys at Law LLP); Tina Wolfson (Ahdoot & 

Wolfson, PC) and James Zouras (Stephan Zouras, LLP).

We have years of firsthand experience working alongside Ms. Carroll in numerous prior 

matters, including the MDL matter In Re: Rust-Oleum Restore Marketing, Sales Practices and 

Products Liability Litigation, 1:15-cv-1364 (N.D. Ill.), where Ms. Carroll served as Co-Lead 

Counsel. Our firm is currently serving as Co-Lead with Ms. Carroll in Bishop et al. v. Behr 

Process Corp. et al., No. 1:17-cv-4464 (N.D. Ill.), national products liability class action relating 

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 

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to defective deck paint. From this experience, we do not hesitate to recommend Ms. Carroll. 

She has all the necessary skills and will devote her attention to litigating this case to the fullest 

extent possible. Also, from our specific experience in this case, we also recommend Mr. Jagher, 

who has at all times worked cooperatively for the benefit of all plaintiffs and the class.

Throughout this case, we have worked collaboratively with Proposed Co-Lead Counsel 

and others to consolidate and organize the various actions originally filed within this District. 

The undersigned can attest to Proposed Co-Lead Counsel’s efforts to manage and coordinate this 

litigation to secure broad and significant relief for the putative Class. Based on our past record 

and first-hand experience working with Ms. Carroll, we originally supported her appointment as

Temporary Interim Lead Counsel pending transfer and centralization by the Judicial Panel on 

Multidistrict Litigation. See Docket for E.R. v. TikTok, Inc. et al. 1:20-cv-02810, ECF No. 12 

(May 21, 2020 “Consent by All Parties to Consolidate Cases and Uncontested Motion for 

Appointment of Temporary Interim Lead Counsel Pending MDL Proceedings”).

Proposed Co-Lead Counsel’s continued efforts over the last several months support their 

appointment. Proposed Co-Lead Counsel worked tirelessly to investigate Defendants’ alleged 

malfeasance and the ever-shifting political and regulatory landscape within which it operates, 

secured transfer of these now-consolidated actions to this District and engaged Defendants in 

settlement discussions that, given their determination Proposed Co-Lead Counsel have 

demonstrated, undoubtedly will exceed the expectations of the Class and Court alike.

While some attempted to fracture plaintiffs’ counsel, see E.R. Docket ECF No. 46 (order 

denying motion to intervene), Proposed Co-Lead Counsel pursued an inclusive approach. They 

have leveraged the substantial collective experience of all Plaintiffs’ counsel who wished to 

participate in the prosecution of this action by assigning each task suited to their expertise, and 

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consistently solicited input with respect to any and all strategic decisions. Nowhere is their

collaborative philosophy more evident than in their successful efforts to engage Defendants in 

settlement discussions, which required Proposed Co-Lead Counsel to secure the participation of 

counsel for Plaintiffs in actions pending across the country, and whose interests may not 

necessarily have aligned. 

In Case Management Order No. 1, the Court noted that among the criteria for 

appointment as lead counsel are “counsel’s willingness to commit to a time-consuming project 

[and] ability to work cooperatively with others . . . .” MDL Docket, ECF No. 4. Proposed CoLead Counsel check both boxes. They have proven themselves dedicated to the task at hand (and 

ahead), and willing and able to collaborate with all counsel for the benefit of Plaintiffs and the 

Class. 

We also support Proposed Co-Lead Counsel’s proposed Steering Committee, which 

represents a sampling of counsel and cases from other Districts comprising the MDL. All of 

these lawyers are well-qualified and should be appointed to serve in committee roles. 

Accordingly, Sauder Schelkopf respectfully submits that this Court should appoint 

Katrina Carroll and Jonathan Jagher as Co-Lead Counsel, and appoint a Plaintiffs’ Steering 

Committee consisting of Robert Foote; Michael Gervais; Joseph Guglielmo; Tina Wolfson and 

James Zouras. 

Dated: September 8, 2020

 By: /S/ Richard R. Gordon

Richard R. Gordon

Gordon Law Offices, Ltd.

111 West Washington Street

Suite 1240

Chicago, Illinois 60602

Tel: (312) 332-5200

Fax: (312) 242-4966

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rrg@gordonlawchicago.com

Attorneys for Plaintiff and Putative Class

Joseph G. Sauder

Joseph B. Kenney

Sauder Schelkopf LLC

1109 Lancaster Avenue

Berwyn, PA 19312

Telephone: 610-200-0580

jgs@sstriallawyers.com

jbk@sstriallawyers.com

Attorneys for Plaintiff and Putative Class

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