EXHIBIT 1 

Case: 1:20-cv-04699 Document #: 126-1 Filed: 03/01/21 Page 1 of 5 PageID #:2243
From: Katrina Carroll

To: Scott Drury

Cc: erhow@birdmarella.com; Michael Kanovitz; Elizabeth Fegan

Subject: RE: In re: TikTok, Inc., Consumer Privacy Litigation, No. 20-cv-4699

Date: Monday, March 1, 2021 12:28:03 PM

Attachments: image001.png

In that case, we’ll review your response and can schedule a follow-up call later if necessary.

KATRINA CARROLL

Partner

CARLSON LYNCH LLP

111 W. Washington Street

Suite 1240

Chicago, IL 60602

Main: 312.750.1265

Direct: 312.750.1591

Fax: 773.598.5609

kcarroll@carlsonlynch.com

carlsonlynch.com

From: Scott Drury <drury@loevy.com> 

Sent: Monday, March 1, 2021 12:14 PM

To: Katrina Carroll <kcarroll@carlsonlynch.com>

Cc: erhow@birdmarella.com; Michael Kanovitz <mike@loevy.com>; Elizabeth Fegan

<beth@feganscott.com>

Subject: RE: In re: TikTok, Inc., Consumer Privacy Litigation, No. 20-cv-4699

Katrina:

We can be available on March 4 at 3:00 p.m. Because of tomorrow’s scheduled hearing date, we had

hoped to talk with you on Friday or over the weekend in order to discuss our concerns with the

proposed settlement agreement. Having not heard back from you until your email below, we have

prepared a response to your motion for preliminary approval, which we will file today.

--Scott

From: Katrina Carroll <kcarroll@carlsonlynch.com> 

Sent: Monday, March 1, 2021 12:06 PM

To: Scott Drury <drury@loevy.com>

Cc: erhow@birdmarella.com; Michael Kanovitz <mike@loevy.com>; Elizabeth Fegan

<beth@feganscott.com>

Case: 1:20-cv-04699 Document #: 126-1 Filed: 03/01/21 Page 2 of 5 PageID #:2244
Subject: RE: In re: TikTok, Inc., Consumer Privacy Litigation, No. 20-cv-4699

Thanks, Scott. Does Thursday at 3:00 Central work for you?

KATRINA CARROLL

Partner

CARLSON LYNCH LLP

111 W. Washington Street

Suite 1240

Chicago, IL 60602

Main: 312.750.1265

Direct: 312.750.1591

Fax: 773.598.5609

kcarroll@carlsonlynch.com

carlsonlynch.com

From: Scott Drury <drury@loevy.com> 

Sent: Friday, February 26, 2021 2:59 PM

To: Katrina Carroll <kcarroll@carlsonlynch.com>

Cc: erhow@birdmarella.com; Michael Kanovitz <mike@loevy.com>; Elizabeth Fegan

<beth@feganscott.com>

Subject: RE: In re: TikTok, Inc., Consumer Privacy Litigation, No. 20-cv-4699

Katrina:

Thank you for your prompt response. Please let us know when you are available to talk. We will do

our best to work around your schedule, including talking this weekend.

--Scott

From: Katrina Carroll <kcarroll@carlsonlynch.com> 

Sent: Friday, February 26, 2021 1:36 PM

To: Scott Drury <drury@loevy.com>; Elizabeth Fegan <beth@feganscott.com>

Cc: erhow@birdmarella.com; Michael Kanovitz <mike@loevy.com>

Subject: RE: In re: TikTok, Inc., Consumer Privacy Litigation, No. 20-cv-4699

Hi Scott:

I thought I’d respond since our firms have an ongoing relationship in other cases.

As you know, Beth, Ekwan and I were vested by Judge Lee with complete authority to conduct

settlement negotiations in the MDL, which we did. There was nothing improper about that, and

certainly no requirement that you be allowed to participate in our negotiations.

Case: 1:20-cv-04699 Document #: 126-1 Filed: 03/01/21 Page 3 of 5 PageID #:2245
We’re excited that our proposed settlement has now been finalized and we intend to proceed on

March 2nd to present it then. As you may know, Judge Lee independently analyzes and vets class

settlement agreements at preliminary approval, regardless of objections. Accordingly, whether or

not you will object is independent of and will not moot Judge Lee’s interest in discussing the

settlement with Co-Lead Counsel.

If you’d like to be heard on March 2nd, Judge Lee’s latest order permits you to do so. We do not

believe that the Court should be burdened by unnecessary motion practice and should you decide to

file your motion, we will object.

Relatedly, since the settlement is now public, we’re happy to answer any questions you may have.

Thanks,

Katrina

KATRINA CARROLL

Partner

CARLSON LYNCH LLP

111 W. Washington Street

Suite 1240

Chicago, IL 60602

Main: 312.750.1265

Direct: 312.750.1591

Fax: 773.598.5609

kcarroll@carlsonlynch.com

carlsonlynch.com

From: Scott Drury <drury@loevy.com> 

Sent: Friday, February 26, 2021 12:31 PM

To: Elizabeth Fegan <beth@feganscott.com>

Cc: Katrina Carroll <kcarroll@carlsonlynch.com>; erhow@birdmarella.com; Michael Kanovitz

<mike@loevy.com>

Subject: In re: TikTok, Inc., Consumer Privacy Litigation, No. 20-cv-4699

Beth:

With respect to Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement in the abovereferenced matter, we intend to file a motion requesting that Judge Lee strike the March 2, 2021

hearing date and reset this matter for a status hearing during the week of March 15, 2021, at which

time we can inform him whether a briefing schedule on the preliminary approval motion is needed.

The purpose of our motion is to allow us to: (a) carefully review and analyze the 47-page motion and

its numerous exhibits, including the 22-page, single-spaced Settlement Agreement and addendum

thereto; and (b) discuss with you any concerns we may have regarding the settlement agreement. To

Case: 1:20-cv-04699 Document #: 126-1 Filed: 03/01/21 Page 4 of 5 PageID #:2246
the extent any concerns we may have can be addressed, motion practice may not be needed. We

believe this proposal is in the best interests of class members. We note that had we been permitted

to participate in settlement discussions or, at minimum, been kept apprised of those discussions,

this request likely would not have been needed. However, when we sought to open up a dialogue in

September 2020, our efforts to be involved were declined. Because the hearing is set for March 2,

please let me know by 10 a.m. on March 1, 2021 whether you will agree to the motion. If you would

like to talk before March 1, please let me know.

--Scott

_______________________

Scott R. Drury

LOEVY & LOEVY

311 N. Aberdeen, 3rd Floor

Chicago, Illinois 60607

312.243.5900

drury@loevy.com

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Case: 1:20-cv-04699 Document #: 126-1 Filed: 03/01/21 Page 5 of 5 PageID #:2247