IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILILNOIS

EASTERN DIVISION

IN RE: TIKTOK, INC., )

CONSUMER PRIVACY ) MDL No. 2948

LITIGATION )

) Master Docket No. 20 C 4699

)

) Judge John Z. Lee

)

) Magistrate Judge Sunil R. Harjani

This Document Relates to All Cases )

CASE MANAGEMENT ORDER NO. 3: 

APPOINTING LEAD COUNSEL, PLAINTIFFS’ 

LIASON COUNSEL, AND PLAINTIFFS’ STEERING COMMITTEE

In Case Management Order (CMO) Nos. 1 and 2, see ECF Nos. 3 and 24, the Court 

provided a procedure for the selection of Plaintiffs’ Interim Co-Lead Counsel, Liaison Counsel, 

and Steering Committee, as well as Defendants’ Lead Counsel, in this Multidistrict Litigation 

(MDL). Pursuant to CMO Nos. 1 and 2, the parties have submitted numerous applications, 

nominations, and objections for these counsel positions. Having now assessed the parties’ 

submissions, and in conjunction with an initial pretrial conference at which the parties appeared

before the Court on September 24, 2020, IT IS ORDERED THAT:

I. ORGANIZATION OF COUNSEL

1. Class Counsel. Because the cases that have been consolidated in this MDL are 

each putative class actions, the Court may, in the exercise of its discretion, “designate interim 

counsel to act on behalf of [the] putative class before determining whether to certify the action as 

a class action.” Fed. R. Civ. P. 23(g)(3). Class counsel appointed under Rule 23(g) have a duty 

to “fairly and adequately represent the interests of the class.” Fed. R. Civ. P. 23(g)(4); see 7B

Charles Alan Wright et al., Federal Practice and Procedure: Civil § 1802.3 (3d ed. 2001). 

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 1 of 9 PageID #:1763
2

2. Rule 23(g). In appointing class counsel pursuant to Rule 23(g), the Court “must 

consider: (i) the work counsel has done in identifying or investigating potential claims in the 

action; (ii) counsel’s experience in handling class actions, other complex litigation, and the types 

of claims asserted in the action; (iii) counsel’s knowledge of the applicable law; and (iv) the 

resources that counsel will commit to representing the class.” Fed. R. Civ. P. 23(g)(1)(A). The 

Court may also consider “any other matter pertinent to counsel’s ability to fairly and adequately 

represent the interests of the class.” Fed. R. Civ. P. 23(g)(1)(B). Where, as here, numerous 

qualified applicants have sought appointment as class counsel, the Court “must appoint the 

applicant[s] best able to represent the interests of the class.” Fed. R. Civ. P. 23(g)(2). 

3. Additional Criteria. In addition to the factors set forth under Rule 23, the 

primary criteria that the Court has considered in appointing class counsel are: (a) counsel’s 

willingness and availability to commit to a time-consuming project; (b) counsel’s ability to work 

cooperatively with others; and (c) counsel’s professional experience in this type of litigation, 

including any prior appointments as lead counsel or liaison counsel in multi-party litigation.

4. Plaintiffs’ Co-Lead Counsel. Based on the foregoing criteria, the Court appoints 

the following three individuals as Plaintiffs’ Co-Lead Counsel: 

Katrina Carroll Elizabeth A. Fegan

Carlson Lynch, LLP Fegan Scott, LLC

111 West Washington Street 150 South Wacker Drive

Suite 1240 24th Floor

Chicago, IL 60602 Chicago, IL 60606

(312) 750-1265 (312) 741-1019

kcarroll@carlsonlynch.com beth@feganscott.com

Ekwan Eric 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

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 2 of 9 PageID #:1764
3

5. Duties of Plaintiffs’ Co-Lead Counsel. Plaintiffs’ Co-Lead Counsel, in 

conjunction with Plaintiffs’ Liaison Counsel and the Plaintiffs’ Steering Committee, (collectively 

the “Plaintiffs’ Leadership Group”) shall be responsible for overseeing all aspects of this MDL 

on behalf of all Plaintiffs and putative Plaintiff classes. In that capacity, Co-Lead Counsel have a 

duty to ensure that the interests of all Plaintiffs and putative Plaintiff classes are fairly and 

adequately represented. As outlined in CMO No. 1, Co-Lead Counsel’s additional duties

include: 

(1) Developing and proposing to the Court any schedules that may be required 

of Plaintiffs, such as with respect to the commencement, execution, and completion of 

all discovery on their behalf; 

(2) Initiating, coordinating, and conducting all discovery on behalf of

Plaintiffs, including with respect to all necessary discovery requests, motions, and 

subpoenas pertaining to any witnesses and documents needed to properly prepare for the 

pretrial of relevant issues found in the operative pleadings; 

(3) Supervising all pretrial proceedings on behalf of all Plaintiffs and acting as 

their spokespersons at such proceedings and in response to any inquiries by the Court, 

subject to the right of any Plaintiffs’ counsel to present non-repetitive individual or 

different positions; 

(4) Examining witnesses and introducing evidence at hearings on behalf 

of all Plaintiffs; 

(5) Exploring, developing, and pursuing all settlement options on behalf of all

Plaintiffs pertaining to any claim or portion thereof of any case consolidated in this MDL; 

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 3 of 9 PageID #:1765
4

(6) Maintaining adequate files of all pretrial matters and making them 

available, under reasonable terms and conditions, for examination by any Plaintiffs or

Plaintiffs’ counsel; 

(7) Calling meetings of Plaintiffs’ counsel for any appropriate purpose, 

including coordinating responses to question of other parties or of the Court;

(8) Preparing periodic status reports summarizing their work and progress and 

submitting such reports to Plaintiffs’ Liaison Counsel for distribution to the other 

Plaintiffs’ counsel;

(9) Preparing and filing a consolidated amended complaint on behalf of all

Plaintiffs, if necessary, which would supersede any complaint filed in any case

consolidated in this MDL;

(10) Preparing, submitting, and arguing any verbal or written motions

presented to the Court on behalf of all Plaintiffs, including supporting memorandum, and

opposing when necessary any motions submitted by Defendants or other parties; 

(11) Signing all pleadings, motions, briefs, discovery requests, discovery 

objections, noticed, and other such filings submitted on behalf of all Plaintiffs;

(12) Negotiating and entering into any stipulations with Defendants with 

respect to all aspect of this MDL, subject to the conditions set forth in CMO No. 1;

(13) Exercising sole authority to communicate with Defendants’ Lead Counsel

and the Court on behalf of all Plaintiffs, unless that authority is expressly delegated to 

other Plaintiffs’ counsel;

(14) Allocating work assignments to members of the Plaintiffs’ Steering 

Committee or other Plaintiffs’ counsel as they may deem appropriate; 

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 4 of 9 PageID #:1766
5

(15) Coordinating and monitoring the activities of all Plaintiffs and their 

counsel during pretrial proceedings to ensure that deadlines are met and unnecessary 

expenditures of time and expense avoided. 

(16) Performing any task necessary and proper for Co-Lead Counsel to 

accomplish their responsibilities as defined by the Court’s orders; and 

(17) Performing such other functions as may be expressly authorized by further 

orders of this Court. 

6. Plaintiffs’ Liaison Counsel. As Plaintiffs’ Liaison Counsel, the Court appoints: 

Shannon Marie McNulty

Clifford Law Offices, P.C.

120 North LaSalle Street, Suite 3100

Chicago, IL 60602

(312) 899-9090

smm@cliffordlaw.com

7. Duties of Plaintiffs’ Liaison Counsel. Plaintiffs’ Liaison Counsel shall be 

responsible for all essentially administrative matters on behalf of all Plaintiffs, including: 

(1) Receiving orders and notices from the Court;

(2) Preparing copies of such orders and notices and transmitting them to the 

other Plaintiffs’ counsel; 

(3) Maintaining complete files, with copies of all documents served upon 

them, and make such files available to the other Plaintiffs’ counsel upon request; 

(4) Receiving orders and notices from the JPML pursuant to Rule 5.2(e) of the 

JPML’s Rules of Procedure or from the transferee court, as well as preparing copies of

such orders and notices and transmitting them to the other Plaintiffs’ counsel; 

(5) Maintaining an up-to-date service list and distributing it to the other 

Plaintiffs’ Counsel and to Defendants’ Lead Counsel regularly; and

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 5 of 9 PageID #:1767
6

(6) Assisting in the coordination of activities, discovery, meetings, and

hearings, as well as the resolution of any scheduling conflicts among the parties.

8. Plaintiffs’ Steering Committee. The Court appoints the following five 

individuals to serve as members of the Plaintiffs’ Steering Committee: 

Jonathan Jagher Megan E. Jones

Freed Kanner London & Millen LLC Hausfeld LLP

923 Fayette Street 1700 K Street NW, Suite 650

Conshohocken, PA 19428 Washington, D.C. 20006

(610) 234-6487 (202) 540-7200

jjagher@fklmlaw.com mjones@hausfledllp.com

Michael Gervais Amanda K. Klevorn

Susman Godfrey LLP Burns Charest LLP

1900 Avenue of the Stars 365 Canal Street

Suite 1400 Suite 1170

Los Angeles, CA 90067 New Orleans, LA 70130

(310) 789-3100 (504) 799-2845

mgervais@susmangodfrey.com aklevorn@burnscharest.com

Albert Y. Chang

Bottini & Bottini, Inc.

7817 Ivanhoe Avenue

Suite 102

La Jolla, CA 92037

(858) 914-2001

achang@bottinilaw.com

9. Duties of Plaintiffs’ Steering Committee. Members of the Plaintiffs’ Steering 

Committee shall be responsible for assisting Plaintiffs’ Co-Lead Counsel in performing the 

duties set forth in Paragraph 5, supra. 

10. Plaintiffs’ Leadership Group. Altogether, the foregoing selection of appointees

shall at times be referred to as the “Plaintiffs’ Leadership Group.” The Court anticipates that the 

Plaintiffs’ Leadership Group will work by consensus and that Plaintiffs’ Co-Lead Counsel in 

particular will do everything possible to facilitate a consensus decision-making process. It also 

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 6 of 9 PageID #:1768
7

is worth emphasizing that cooperation by and among all members of the Plaintiffs’ Leadership 

Group is essential for the orderly and efficient resolution of this MDL. 

11. Defendants’ Lead Counsel. In accordance with Defendants’ agreed designation, 

the Court appoints the following to serve as Defendants’ Interim Lead Counsel:

Anthony J. Weibell

Wilson Sonsini Goodrich & Rosati, P.C.

650 Page Mill Road

Palo Alto, CA 94304

(650) 354-4134

aweibell@wsgr.com

12. Duties of Defendants’ Lead Counsel. Defendants’ Lead Counsel shall be 

responsible for overseeing all aspects of this MDL on behalf of the Defendants, and is thus 

charged with Defendants’ share of all the same duties discussed above with respect to 

Plaintiffs’ Interim Co-Lead Counsel.

II. NEXT STEPS

1. Leadership Group’s Proposal. By October 9, 2020, Plaintiffs’ Co-Lead 

Counsel shall confer with the other members of the Plaintiffs’ Leadership Group and submit a 

proposal as to how the Leadership Group will be administered on a day-to-day basis. 

2. Joint Status Report. By October 30, 2020, the parties are directed to submit a 

joint status report addressing all substantive topics raised in CMO No. 1, including:

(1) Whether Plaintiffs intend to file a consolidated amended complaint and, if 

so, the deadline for the filing and Defendants’ answer or other responsive pleading; 

(2) Any fact discovery that may be necessary, including any limits on the 

number of additional interrogatories and the number and duration of additional

depositions, as well as a proposed schedule for such discovery; 

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 7 of 9 PageID #:1769
8

(3) Any expert discovery that may be necessary, including any additional 

expert witness disclosures, as well as a proposed schedule for such discovery; 

(4) Any issues pertinent to class certification and the filing of consolidated

motions for class certification;

(5) The status of settlement efforts; 

(6) All known related cases currently pending in any state court, if 

any, as well as the cases’ caption, the court in which the cases are pending, and the judge 

before whom the cases are pending; 

(7) What impact, if any, the proposed class action settlement in T.K. et 

al. v. ByteDance Tech. Co., Ltd., et al., Case No. 19-cv-7915 (N.D. Ill.) (Blakey, J.), will

have on the claims and defenses in this MDL; and

(8) Any other topics that the parties would like to raise with the Court. 

3. Status Hearing. A status hearing is set for November 4, 2020, at 2:00 p.m. The 

conference will take place via video on the Microsoft Teams platform. Plaintiffs’ Co-Lead 

Counsel and other members of the Leadership Group, as well as Defendants’ Lead Counsel, will 

be provided with an email link that they can use to log onto the video conference, whether via 

the Teams application or the web-based feature. All other counsel and the public will be able to

call into the conference using the dial in number that will placed on the master docket. All 

persons granted remote access to proceedings are reminded of the general prohibition against 

photographing, recording, and rebroadcasting of court proceedings. Violation of these 

prohibitions may result in court-imposed sanctions, including removal of court issued media 

credentials, restricted entry to future hearings, denial of entry to future hearings, or any other 

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 8 of 9 PageID #:1770
9

sanctions deemed necessary by the Court. All participants should review the Court’s standing 

order regarding telephone conferences that is on Judge Lee’s website.

IT IS SO ORDERED. ENTERED: 9/28/20

 __________________________________

JOHN Z. LEE

 United States District Judge

Case: 1:20-cv-04699 Document #: 94 Filed: 09/28/20 Page 9 of 9 PageID #:1771