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 

URGENT MOTION FOR LIMITED RECONSIDERATION OF

COURT’S NOVEMBER 29, 2021, ORDER

Lead Class Counsel respectfully requests that the Court grant limited reconsideration of its 

November 29, 2021 order (ECF No. 168) granting Class Member Edelson PC’s Motion To Seal 

and To Excuse Service of Unredacted Brief, and order Edelson PC (“Edelson”) to serve Class 

Counsel with a copy of the Unredacted Brief immediately. This motion is urgent because this Court 

granted Plaintiffs just 7 days to file a response to the now-sealed “Class Member Edelson PC’s 

Motion To Vacate or Modify Preliminary Injunction” (ECF No. 166). In support thereof, Class 

Counsel states as follows:

1. On September 28, 2020, this Court entered Case Management Order No. 3: 

Appointing Lead Counsel, Plaintiffs’ Liaison Counsel, and Plaintiffs’ Steering Committee 

(“Appointment Order,” ECF No. 94). The Appointment Order appointed Elizabeth Fegan, Ekwan 

Rhow, and Katrina Carroll as Co-Lead Counsel, Shannon McNulty as Liaison Counsel, and 

Jonathan Jagher, Michael Gervais, Albert Chang, Megan Jones, and Amanda Klevorn as Plaintiffs’ 

Steering Committee (collectively, “Class Counsel”).

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2. On October 1, 2021, this Court entered an Order Granting Preliminary Approval of 

Class Action Settlement (“Preliminary Approval Order,” ECF No. 162). The Preliminary Approval 

Order provided in pertinent part: 

Pending final determination of whether the Settlement should be 

approved, all Settlement Class Members are preliminarily enjoined 

unless and until they have timely and properly excluded themselves 

from the Settlement Class from (i) filing, commencing, prosecuting, 

intervening in or participating as plaintiff, claimant or class member 

in any other lawsuit or administrative, regulatory, arbitration or 

other proceeding in any jurisdiction based on, relating to or arising 

out of the claims and causes of action or the facts and circumstances 

giving rise to the Action and/or the Released Claims.... 

ECF No. 162, ¶ 21. 

3. On November 26, 2021, Edelson filed a motion titled “Class Member Edelson PC’s 

Motion To Vacate or Modify Preliminary Injunction” (ECF No. 166) and further sought to seal 

and excuse service of copies of the unredacted brief (ECF No. 167). 

4. On November 29, 2021, this Court granted the motion to seal and set a briefing 

schedule on the motion to vacate. ECF No. 168.

5. Thus, Class Counsel has not been served with copies of the unredacted brief. 

6. Class Counsel requests that the Court reconsider the motion to seal, and order 

Edelson to serve copies of the unredacted brief on Class Counsel for several reasons. 

7. First, pursuant to the Class Action Settlement Agreement (ECF No. 122-1), the 

Preliminary Approval Order defined the Settlement Classes, and expressly excluded from the 

definition “all Class Counsel and counsel of record in the Civil Actions.” Id. ¶ 2.

8. Edelson is counsel of record in the civil actions. E.g., ECF Nos. 125, 128. 

Accordingly, Edelson is not a Settlement Class Member. 

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9. Given that Edelson is not a Settlement Class Member, the preliminary injunction in 

the Preliminary Approval Order does not enjoin it. See ECF No. 162, ¶ 21 (“...all Settlement Class 

Members are preliminarily enjoined unless...”) (emphasis added). 

10. Second, the injunction is limited to actions “relating to or arising out of the claims 

and causes of action or the facts and circumstances giving rise to the Action and/or the Released 

Claims....” ECF No. 162, ¶ 21. 

11. The Class Action Settlement Agreement defines “Defendants’ Released Parties” 

as:

the current defendants in the Civil Actions, as well as any and all of 

their current or former directors, officers, members, administrators, 

agents, representatives, servants, employees, attorneys, parents, 

subsidiaries, affiliates, divisions, branches, units, shareholders, 

successors, predecessors, assigns, and all other individuals and 

entities acting on their behalf. 

ECF No. 122-1, ¶ 2.10.

12. Class Counsel understands from Defendants’ Counsel that none of the Defendants’ 

Released Parties is involved in any arbitration with Edelson. 

13. None of the Class Counsel or their clients are involved in any arbitration with 

Edelson.

14. Accordingly, without access to the unredacted brief, Class Counsel does not see 

any basis for Edelson’s position that it is subject to the preliminary injunction motion or that the 

injunction affects any pending arbitration. 

15. There is no Federal Rule of Civil Procedure, local rule, or provision of the 

protective order in this case that permits counsel to an objector (or Settlement Class Member) to 

proceed ex parte without service of unredacted briefs on Class Counsel. 

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16. In order to adequately protect the Settlement Classes and respond to the pending 

motion, Class Counsel should understand the full basis for the motion to vacate in crafting their 

response. 

17. Edelson’s attempt to proceed ex parte should be rejected. 

WHEREFORE, Class Counsel respectfully requests that the Court order Edelson PC to 

serve Class Counsel and Defendants’ Counsel with the unredacted Motion To Vacate or Modify 

Preliminary Injunction (ECF No. 166) immediately and grant such other and further relief as this 

Court deems appropriate.

Dated: November 30, 2021 Respectfully Submitted,

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@feganscott.com

By: /s/ Katrina Carroll

Katrina Carroll

CARLSON LYNCH, LLP

111 W. Washington St.

Suite 1240

Chicago IL 60602

312.750.1265

kcarroll@carlsonlynch.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

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Plaintiffs’ Co-Lead Counsel

Jonathan Jagher 

Freed Kanner London & Millen LLC

923 Fayette Street

Conshohocken, PA 19428

(610) 234-6487

jjagher@fklmlaw.com

Michael Gervais 

Susman Godfrey LLP

1900 Avenue of the Stars

Suite 1400

Los Angeles, CA 90067

(310) 789-3100

mgervais@susmangodfrey.com

Albert Y. Chang 

Bottini & Bottini, Inc. 

7817 Ivanhoe Avenue 

Suite 102 

La Jolla, CA 92037 

(858) 914-2001 

achang@bottinilaw.com 

Megan E. Jones 

Hausfeld LLP 

1700 K Street NW, Suite 650 

Washington, D.C. 20006 

(202) 540-7200 

mjones@hausfledllp.com

Amanda K. Klevorn 

Burns Charest LLP 

365 Canal Street 

Suite 1170 

New Orleans, LA 70130 

(504) 799-2845 

aklevorn@burnscharest.com 

Plaintiffs’ Steering Committee

Shannon Marie McNulty

Clifford Law Offices, P.C.

120 North LaSalle Street, Suite 3100

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Chicago, IL 60602

(312) 899-9090

smm@cliffordlaw.com

Plaintiffs’ Liaison Counsel

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CERTIFICATE OF SERVICE

I, Elizabeth Fegan, an attorney, affirm that the foregoing was filed on November 30, 2021,

via ECF, which automatically served all counsel of record.

November 30, 2021 By: /s/ Elizabeth A. Fegan 

Elizabeth Fegan 

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