CLRB Hanson Industries, LLC et al v. Google Inc.
Filing
344
Declaration of Markham Sherwood re: dissemination of Notice of Pendency and proposed SETTLEMENT of class action and Settlement hearing and Report on requests for exclusion , 341 Response ( Non Motion ), Response ( Non Motion ) filed by CLRB Hanson Industries, LLC, Howard Stern. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 340 , 339 , 341 ) (Black, Rachel) (Filed on 8/24/2009) Modified on 8/25/2009 (cv, COURT STAFF).
EXHIBIT C
Name/Company Joy A. Reed Greg Smith c/o Cheri P. Smith Melvin-Smith Learning Center of Sacramento Etsuko Hasegawa Guidance Helicopters
Class Member YES YES
GilardiClassID GGLE117638763 GGLE119577192
Notes No Account Number; No Dates No Account Number; No Dates
Date Reiceived On or Before July 14, 2009 On or Before July 14, 2009
YES YES
GGLE110947965 GGLE118020348 GGLE120333781 GGLE115079988 GGLE120622708
No Account Number; No Dates
On or Before July 14, 2009
On or Before July 14, 2009 No Account Number On or Before July 14, 2009 On or Before July 14, 2009
Mike Hazard MarketPlace Innovations, LLC Philip E. Landau Clinical Trials & Surveys Group (C-TASC) Bruce W. Thompson, Chairman Icksoo Shin Margaryta Savytska Beauty Queen Management Juel Daisi Pollard www.GIDogTags4u.com Hiller Engraving Brook Advertising & Public Relations Cindy Tannewitz W.N.McKenna, Ltd dba Gaswatch.info C. Robert Murray, Jr. Ronald Strickland
YES YES
PROBABLE MATCH
GGLE115403270
No Account Number; No Dates
On or Before July 14, 2009
MATCHING EMAIL ADDRESS YES YES
GGLE119951744 GGLE115481360 GGLE114033100
No Account Number; No Dates No Account Number; No Dates No Account Number; No Dates
On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009
YES
GGLE117185297
No Account Number; No Dates
On or Before July 14, 2009
YES
GGLE115931374
On or Before July 14, 2009
YES
GGLE111548207
On or Before July 14, 2009
PROBABLE MATCH
GGLE121190631
On or Before July 14, 2009
Name/Company Engineering Systems Technology, Inc Henry Borja Kauffman's Fruit Farm and Market Lonnie Kauffman Gregg Matshushima Lloyd Standish Lump Sum Solutions Diane Bennett Joe Hayes Oneupweb Lisa Wehr Tom's Incense Tom L Newlin Aubri Webb Salim Ibrahim The David Law Firm Jonathan David S. Bradley Cooper Lee Bieker Dolores Sweney Dennis Aaberg
Class Member YES
GilardiClassID GGLE120661487
Notes
Date Reiceived On or Before July 14, 2009
YES
GGLE115706702
On or Before July 14, 2009
YES YES YES
GGLE113002198 GGLE118587496 GGLE116191595
On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009
YES YES
GGLE117213592 GGLE110720898
On or Before July 14, 2009 On or Before July 14, 2009
YES
GGLE117303214
No Account Number; No Dates
On or Before July 14, 2009
YES YES YES
GGLE110949240 GGLE113086405 GGLE111096500
On or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009
YES YES YES
GGLE118934706 GGLE121468648 GGLE120607954
No Account Number, No Dates
On or Before July 14, 2009
No Account Number, No Dates, Claims Accout was Fraudulent On or Before July 14, 2009 No Email Address On or Before July 14, 2009
Name/Company Chronometry Company International Chronometry Astronautics Advanced Robotic Systems Genebank High Security Genetics Richard Ward Custer MLI Network LLC Robert Baker International Adoption Center Ann Wrixon Ryan Schwab Loysen + Kreuthmeier Karen Loysen Peter Kreuthmeier MEG Financial Michael Gray Jr. Garret Bockhorst International Food And Wine Consultants Inc Mary Beth Clark Bien C Hernandez Jr Shepler Billy Hopkins Roy Huft Clover Sites, Inc James Elliston Benjamin Rugg
Class Member YES
GilardiClassID GGLE113040103
Notes
Date Reiceived On or Before July 14, 2009
YES
GGLE119364350
On or Before July 14, 2009
YES
GGLE113574159 GGLE118882501 GGLE119973993 GGLE115334929
On or Before July 14, 2009
YES
No Account Number, No Dates, Claims Accout was Fraudulent On or Before July 14, 2009
YES
GGLE117448484
On or Before July 14, 2009
YES YES
GGLE119792654 GGLE121030375
On or Before July 14, 2009 On or Before July 14, 2009
YES YES
GGLE119908288 GGLE117833949
No Account Number
On or Before July 14, 2009 On or Before July 14, 2009
YES YES
GGLE113080563 GGLE116073835
Printed Email. No Signature
On or Before July 14, 2009 On or Before July 14, 2009
Name/Company AJ Riggins Search Group Bernard B Long Family Products, LLC Jim Bilen Michael O'Connell Debra Cooley Juanita Crispens Jill M. Anderson Federal Tax Resolution LLC Douglas Myser Ascentive LLC Adam Schran Burgess Sprint Inc dba Excal Michael King eSurmountable LLC Lonny Meinecke CF Dominicana Cigars, Inc Dennis Briganti Cameron Barholomew Gaston Jr. Gifts of Encouragement, Inc. Marnie Swedberg Ruth Kelsen
Class Member YES
GilardiClassID GGLE110047948
Notes No Account Number, No Dates, No Email Address
Date Reiceived On or Before July 14, 2009
YES
GGLE114376342
On or Before July 14, 2009
YES YES YES YES YES
GGLE114330261 GGLE115050947 GGLE111065788 GGLE116962702 GGLE118304508
On or Before July 14, 2009 On or Before July 14, 2009 No Account Number, No Dates, Claims Account was FraudulenOn or Before July 14, 2009 On or Before July 14, 2009 On or Before July 14, 2009
YES
MULTIPLE
Appears to be Third Party Account Holder
On or Before July 14, 2009
YES
GGLE119780281
No Account Number
On or Before July 14, 2009
YES
GGLE118439039
On or Before July 14, 2009
YES
GGLE120052723
On or Before July 14, 2009
YES YES
GGLE110587535 GGLE113791184 No Account Number
On or Before July 14, 2009 On or Before July 14, 2009
YES
GGLE112330337
No Account Number, No Dates, Claims Account was FraudulenOn or Before July 14, 2009
Name/Company Brandon Pulido Assistech Special Needs Oliver Simoes Cliptomania James R. Santo Michael Rocco Metzler / Payden Vlad Milev Edward Garlock, Esq. Savin Kent Lawrence W. Brooks
Class Member YES YES
GilardiClassID GGLE115466914 GGLE119979690
Notes No Account Number, No Dates. Sent by fax. No Account Number, No Dates, No Email Address Sent by fax. No Account Number, No Dates
Date Reiceived On or Before July 14, 2009 On or Before July 14, 2009
YES
GGLE119767595
On or Before July 14, 2009
YES YES
GGLE113659138 GGLE119591446
No Dates No Account Number
On or Before July 14, 2009 On or Before July 14, 2009
YES YES
GGLE110334343 GGLE114097354
No Account Number, No Dates No Account Number. No Dates. Identifies himself as a reseller.
On or Before July 14, 2009 On or Before July 14, 2009
Wildcat Technology Solutions Joseph Messina Orsus E Stewart Ashford Orcas Hotel Larua Tidwell Glenda Bartolome
YES
GGLE1-1031020-7 No Account Number, No Dates Multiple Emails. One Active. GGLE116938240 Received July 15, 2009
On or Before July 14, 2009
YES
July 15, 2009
YES
GGLE116590490 GGLE119094507
No Account Number, No Dates. Sent by fax. Received July 15, 2009
July 15, 2009
YES
GGLE1-1746506-0 ID# 687-255-0388, No Dates Received July 16, 2009
July 16, 2009
Name/Company
Class Member
GilardiClassID
Notes
Date Reiceived
HostRocket.com John Reyes Brendan Brader Brittany Smuts
YES
11 Account Numbers with Dates Received July 16, 2009
July 16, 2009
YES
GGLE1-1263678-9 No Account Number, No Dates Received July 20, 2009
July 20, 2009
Total Received by Mail as of July 14, 2009: 61 Total Received by Mail: 66
EXCLUSIONS SENT VIA EMAIL Name/Company sh@bedgetac.com Shane Kemper Brothers Holding Oliver Kemper Tim Alexander Robert Porterfield Cathy Clark Rosemary Jones Shelley Hernandez Brandon Pulido Mikalai Christiakou Steven P. Hurtado Laura Tidwell Orcas Hotel adwords.google@rchv.com John Romanoff Vicki Lowe Simon Sullivan Class Member There is a matching Email Address GilardiClassID GGLE112527386 Notes Sent via email. No Account Number, No Dates, No Signature Received June 11, 2009
YES
GGLE115825876
Sent via email. No Account Number, No Dates, No Signature
June 17, 2009
Unable to verify YES Unable to verify YES YES YES YES YES YES
Multiple Names w/No Address GGLE1-1800657-4
Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Claims Account was Fradulent Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature
June 17, 2009 June 27, 2009 June 30, 2009 June 30, 2009 July 3, 2009 June 30, 2009 June 27, 2009 July 11, 2009 July 14, 2009
GGLE1-1070865-0 GGLE1-1809322-1 GGLE1-1546691-4 GGLE1-1312466-8 GGLE1-2117760-0 GGLE1-1659049-0 GGLE1-1909450-7 GGLE1-1519599-6
Email Match - Kelly Chien Unable to Verify YES YES
Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature
June 16, 2009 July 2, 2009 July 7, 2009 July 22, 2009
GGLE1-1821285-9 GGLE1-1212193-2
Sent via email. No Account Number, No Dates, No Signature Sent via email. No Account Number, No Dates, No Signature
Total Timely Requests Sent Via Email: 14 Total Late Requests Sent Via Email: 1
Page 1 of 7
Bullshit. If You notified me by email, then I can respond via email ~ therefore I am notifying you by email. and I am not jumping through hoops for anyone to keep my or the entity you sent the email to's rights. I am telling you the settlement in not fair to me or the entity you sent the email to and we want and will be excluded. Exclude me and whatever entity you sent the email to from this settlement. thanks shane
From: Claims [mailto:claims@adwordscustomersettlement.com] Sent: Tuesday, June 16, 2009 2:17 PM To: Shane Subject: Re: CLRB Hanson LLC et al. v. Google Class Action Settlement
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the CLRB Hanson Industries, LLC, et al v Google, Inc. Case No. C 05-03649 JW. Be sure to include your name, email address, AdWords account number, and mailing address of the person or entity seeking to request exclusion, the dates that the person or entity was AdWords Advertiser, and a statement that the person or entity wishes to be excluded from the class and it must be signed on behalf of the person or entity requesting exclusion. This exclusion request must be received by July 14, 2009. CLRB Hanson Industries, LLC, et al v Google, Inc. Class Action Settlement c/o Gilardi & Co. LLC P.O. Box 808054 Petaluma, CA 94975-8054 You cannot exclude yourself on the phone or by email. Cordially, Maya Claims Administrator Gilardi & Co LLC San Rafael, CA 94901 This transmission is intended only for the addressee, and may contain privileged and/or confidential information. If you are not the intended recipient, please do not use, disseminate, or copy this material. If you have received this transmission in error, please notify us immediately by telephone (415) 4610410, return this transmission, and delete or destroy any copies (digital or paper)
>>> Shane 6/11/2009 12:33 PM >>> We would like to opt out and request for exclustion from the class.
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Properties "JCB | Jesus will come back" Wednesday - June 17, 2009 4:39 PM "'Claims'" AW: Re: AW: CLRB Hanson LLC et al. v. Google Class Action Settlement Mime.822 (144331 bytes) [View] [Save As]
From: To: Subject: Attachments:
I tell you something i have no account with this email address on google Adword. I am not interested in any of you lawsuites i will not write you a letter or do soemthing else wasting my time with your Lawsuite stuffs. You cannot ad me in an Settlement which we have nothing to do with. I will do nothing and now do not bother me anymore with your lawyer stuff Kindest Regards, Oliver Kemper JWCB by Kemper Brothers Holding LLC 11309 Scenic View Lane Orlando, Florida 32821 USA Phone: 407-239-4191 Fax: 407-239-3629 Cell: 407-361-7832 Skype: 407-278-5548 Mail: info@jwcb.net D-U-N-S Number 80-138-6371
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From: Tim Alexander Wednesday - June 17, 2009 11:14 AM To: Claims Subject: Re: CLRB Hanson LLC et al. v. Google Class Action Settlement Attachments: Mime.822 (85290 bytes) [View] [Save As]
You included me by email. Please send me postage to exclude myself from this frivolous sout. On Wed, Jun 17, 2009 at 1:11 PM, Claims wrote: Thank you, To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the CLRB Hanson Industries, LLC, et al v Google, Inc. Case No. C 05-03649 JW. Be sure to include your name, email address, AdWords account number, and mailing address of the person or entity seeking to request exclusion, the dates that the person or entity was AdWords Advertiser, and a statement that the person or entity wishes to be excluded from the class and it must be signed on behalf of the person or entity requesting exclusion. This exclusion request must be received by July 14, 2009. CLRB Hanson Industries, LLC, et al v Google, Inc. Class Action Settlement c/o Gilardi & Co. LLC P.O. Box 808054 Petaluma, CA 94975-8054
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Properties Saturday - June 27, 2009 5:00 PM Notice of Proposed Settlement Case #C 05-03649 JW PVT Mime.822 (2454 bytes) [View] [Save As]
From: To: Subject: Attachments: Gentlemen:
I am in receipt of a notice of proposed settlement regarding the Google AdWords class action lawsuit and would like to know how my name got on the list of potential claimants. I have never been a customer nor ever used the services of AdWords and thus should not be a party to any litigation as I have no interest in the litigation. I believe my name may have mistakenly been included within the class because a few years ago Google AdWords had improperly or mistakenly billed my credit card for charges that were never incurred. That matter was settled with Google and the charges reversed after Google investigated and found the billings were in error. I would hope you will correct your records to reflect that I am not a member of the class, nor do I have any claim under any settlement that may be approved by the court. Thank You Robert Porterfield
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Properties Cathy Clark Case No. 05-03649 JW PVT Mime.822 (3200 bytes) [View] [Save As] Tuesday - June 30, 2009 4:23 PM
From: To: Subject: Attachments:
We received the information on this settlement and had a couple of questions. We were never subscribers to AdWords. A person fraudulently used our credit card in May 2008 to run up large bills. That card was reported and canceled on June 4, 2008. The bank did not hold us liable for the $1685.08 that was charged. A copy of the bank statement and response can be made available to you upon request. On the notice we received regarding the settlement, the name was "Kevin Dress". That is not our last name. It may be the pseudonym of the person who perpetrated the fraud. We know we have no claim to any settlement from Google AdWords. Our bank may have a claim, so the information is being delivered to them. Cathy Clark cathyclark97303@comcast.net 503-932-1731
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Properties Questions about the Class Action Mime.822 (3151 bytes) [View] [Save As] Tuesday - June 30, 2009 4:29 PM
From: To: Subject: Attachments:
Good Morning, You somehow have sent me the Settlement of Class Action between CLRB INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN vs GOOGLE, INC by mistake. I have never contracted with Google for Adwords and have no idea how my name showed up on your mailing list. Would you please remove it. Thank you, Rosemary Jones 5622 S 77th East Ave Tulsa, OK 74145-7826
An Excellent Credit Score is 750. See Yours in Just 2 Easy Steps!
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Properties Shelly Hernandez Adwords Settlement Mime.822 (3374 bytes) [View] [Save As] Friday - July 3, 2009 11:07 AM
From: To: Subject: Attachments:
My name is Shelly Hernandez. I would like to be removed from the 'Class' but I do not know my account number and I no longer use the email address that I opened the account with, it used to be hershell11415@yahoo.com. My mailing address is 212 S Kraemer Blvd #1908, Placentia CA 92870. What should I do?
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Properties Brandon Pulido Exclusion Mime.822 (3506 bytes) [View] [Save As] Tuesday - June 30, 2009 8:06 PM
From: To: Subject: Attachments:
Dear Claims Administrator, Hi! I have just received the settlement of class action and settlement hearing in the mail. I see the requests for exclusion from the class and the information I must have to obtain exclusion. Unfortunately, I don't remember the adwords account number, the e-mail address I used for that account, and the dates I actually used google adwords. How would I be able to be excluded in the settlement? Please help. Thank you. Brandon Pulido pulido.brandon@yahoo.com
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8/24/2009
Sent: Saturday, June 27, 2009 12:19 PM From: Nicholas Christiakov Nicholas.christiakov@gmail.com. To: claims@adwordscustomersettlement.com Subject: Class Member Removal Request Hello, i'm just received owerly offensive looking correspondence request, it is correct, that i had an adwords account active in around first half 2007, registered under the name Mikalai Chystsiakou. unfortunately, i no longer have an access to this account, and I can't recover any records. therefore 1) Mikalai Chystsiakou, was at the time legal name 2) account record is lost 3) it could have been nicolai.chistiakov@gmail.com either nicholas.chistiakov@gmail.com either any other e-mail i had used 4) 180 Bay 14th Street, 3 floor, Brooklyn, NY 11214, USA in my behalf i must add, that i had not noticed any overcharges, only one of my concerns was blocking of my ad in a short period after it was launched, but it might have been a result of overlimit bidding from business competition, and i don't have any supporting information. there was very short period of active time and too small amount on the account, i'm strictly do not support named claim against Google and DENY any assosiations of MIKALAI CHYSTSIAKOU with pursuants of the claim Regards, Nicholas Chistiakov
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Properties Exclusion Mime.822 (3550 bytes) [View] [Save As] Saturday - July 11, 2009 8:00 AM
From: To: Subject: Attachments:
To Whom it May Concern: A notice of the the intended settlement, case no. C 05-03649 JW PVT arrived for my son, Steven P. Hurtado at the end of this past week. It is too late to notify you via postal mail to have him excluded from this settlement. The purpose of my email is to notify you that he is deceased. If a copy of his death certificate is needed, please let me know. He died several years ago. Thank you in advance for your time and deleting your records concerning this. Suzanne Hurtado Mother of the deceased
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8/24/2009
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Dear Alyson, What is your fax number and I will fax the signed letter, as today is the 14th. Thanks Laura ----- Original Message ----From: Claims To: Laura Tidwell Sent: Tuesday, July 14, 2009 9:49 AM Subject: Re: Case C 05-03649 JW PVT Dear Laura Tidwell, Thank you for your response.
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the CLRB Hanson Industries, LLC, et al v Google, Inc. Case No. C 05-03649 JW. Be sure to include your name, email address, AdWords account number, and mailing address of the person or entity seeking to request exclusion, the dates that the person or entity was AdWords Advertiser, and a statement that the person or entity wishes to be excluded from the class and it must be signed on behalf of the person or entity requesting exclusion. This exclusion request must be received by July 14, 2009. CLRB Hanson Industries, LLC, et al v Google, Inc. Class Action Settlement c/o Gilardi & Co. LLC P.O. Box 808054 Petaluma, CA 94975-8054 You cannot exclude yourself on the phone or by email.
Should you have any further questions, or should you need to update your contact information, please feel free to continue to contact us at this electronic address. Thank you. Cordially, Alyson Claims Administrator Gilardi & Co, LLC San Rafael, CA 94901 >>> "Laura Tidwell" 7/13/2009 5:25 PM >>> We respectfully request that the Orcas Hotel not be a part of the class action case against Google. Thank you. Laura Tidwell Owner-Orcas Hotel
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Properties Tuesday - June 16, 2009 4:30 PM Claims Re: CLRB Hanson LLC et al. v. Google Class Action Settlement Mime.822 (38364 bytes) [View] [Save As]
From: To: Subject: Attachments:
No, but you can, and you will. This is not an option nor is it up for discussion. I should never have been included in this action without my explicit permission. You added me; you will exclude me. Period. - adwords.google@rchv.com
Claims wrote: > Thank you, > > *To exclude yourself from the settlement*, you must send a letter by > mail saying that you want to be excluded from the /CLRB Hanson > Industries, LLC, et al v Google, Inc. // /Case No. C 05-03649 JW. Be > sure to include your name, email address, AdWords account number, and > mailing address of the person or entity seeking to request exclusion, > the dates that the person or entity was AdWords Advertiser, and a > statement that the person or entity wishes to be excluded from the class > and it must be signed on behalf of the person or entity requesting > exclusion. This exclusion request must be received by July 14, 2009. > > /CLRB Hanson Industries, LLC, et al v Google, Inc. /Class Action Settlement > c/o Gilardi & Co. LLC > P.O. Box 808054 > Petaluma, CA 94975-8054 > > You cannot exclude yourself on the phone or by email. >
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Properties John and Diana Claim status Mime.822 (1285 bytes) [View] [Save As] Thursday - July 2, 2009 4:50 AM
From: To: Subject: Attachments:
Good morning, Today I received information regarding the case against Google for advertising billing practices. The advertisements paid to Google using my name were made fraudulently on my credit card, and I was not responsible for the charges. I am therefore not eligible to be part of this class action. Please let me know if there is anything else I need to do to be removed from this list. Thank you. John Romanoff 11420 Parkside Road Chardon, OH 44024
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Properties "Vicki Lowe" Tuesday - July 7, 2009 10:09 AM Potential Problem re: your request Mime.822 (12037 bytes) [View] [Save As]
From: To: Subject: Attachments:
Dear Claims Admistrator, I received your notice for the CLRB Hanson LLC et. al. v. Google (ADWORDS) Class Action Settlement, etc. My bed and breakfast business closed in March 2006 at which point I left Wash, DC and moved to Florida to care for a parent. The marketing company that took care of all my advertising says they no longer have any record of my account. They indicated that their recent computer system upgrade resulted in a loss of closed accounts of past clients records. All the people I dealt with for marketing my business no longer work there. The company is Blizzard Internet Marketing in Glenwood Springs, Colorado. I have asked them to do a more in depth search. They agreed to search again but do not believe they will be able to find my Google ADWORDS account number. As Blizzard took care of all my internet advertising, I paid them directly and never had any personal contact with Google. I wish to be excluded from the claim but doubt I will be able to supply the Google account number. My letter to you will include all the other info you requested. Please let me know if it is ok to leave out the account number. Kind regards,
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Properties Simon Sullivan Wednesday - July 22, 2009 1:29 PM FW: [#80950155] (SPAM: 5.42) Did not sign up for an AdWordsaccount Mime.822 (7196 bytes) [View] [Save As]
From: To: Subject: Attachments:
To whom it may concern, My name is Simon Sullivan, and I am writing on behalf of myself and Laurel Bestock (my wife). We received a legal notice outlining the Notice of Pendency and Proposed Settlement of Class Action and Settlement Hearing in July while we were out of town. I understand that the deadline for Exclusion from this legal matter has passed, but I would like to request exclusion anyway for the following extenuating circumstance: Due to identity theft against our credit card in 2006, a Google AdWords account was opened in my wife's name without our knowledge and against our wishes. Once we became aware of the identity theft, we immediately requested that Google shut down the account and cease charging our credit card, which they did. I ask that we be excluded from the Class Action proceedings, as we were never voluntarily account-holders with Google AdWords. Please see below for the e-mail thread between Google AdWords and myself concerning this matter. Thank you for your time and understanding, Simon M. Sullivan
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8/24/2009
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