In re Google Referrer Header Privacy Litigation

Filing 75

REPLY (re #65 MOTION for Settlement (Final Approval), #66 MOTION for Attorney Fees Expenses and Costs ) filed byPaloma Gaos. (Attachments: #1 Declaration Aschenbrener, #2 Declaration Nassiri, #3 Declaration Class Admin, #4 Proposed Order Final Approval & Fees, #5 Proposed Order Final Judgment)(Aschenbrener, Michael) (Filed on 8/22/2014)

Exhibit C
Class Administrator Declaration

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KASSRA P. NASSIRI (215405)
[e-mail]
NASSIRI & JUNG LLP
47 Kearny Street, Suite 700
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
MICHAEL J. ASCHENBRENER (277114)
[e-mail]
ASCHENBRENER LAW, P.C.
795 Folsom Street, First Floor
San Francisco, CA 94107
Telephone: [phone]
Facsimile: [phone]

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ILAN CHOROWSKY (Admitted Pro Hac Vice)
([e-mail])
PROGRESSIVE LAW GROUP, LLC
1 N LaSalle Street, Suite 2255
Chicago, IL 60602
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs and the Putative Class

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
In re GOOGLE REFERRER HEADER
PRIVACY LITIGATION

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_____________________________________
This Document Relates To: All Actions

Case No. 5:10-cv-04809-EJD
SUPPLEMENTAL DECLARATION OF
RICHARD W. SIMMONS REGARDING
CLASS NOTICE
Date: August 29, 2014
Time: 9:00 a.m.
Place: Courtroom 4, 5th Floor
Judge: Hon. Edward J. Davila

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DECLARATION OF RICHARD W. SIMMONS
CASE NO. 5:10-CV-4809-EJD

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STATE OF MINNESOTA

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)
) SS

COUNTY OF HENNEPIN

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I, Richard W. Simmons, declare as follows:

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1. I am the President of Analytics Consulting LLC (“Analytics”)1, a firm in Chanhasssen,

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Minnesota, that provides consulting services relating to the design and administration of class action and

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mass tort litigation settlements and notice programs.

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2. I am responsible for designing the Notice Plan for the proposed settlement in this matter and

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for overseeing Analytics’ execution of the Notice Plan. I am over 21 years of age, and I have personal

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knowledge of the facts herein and, if called as a witness, could and would testify competently thereto.

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3. This declaration is based on my personal knowledge, information provided by Analytics
personnel, and information provided by Analytics’ media partners.

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4. As of August 5, 2014, Plaintiffs’ Motion for Fees, Costs, and Incentive Awards was available
on the Settlement Website.

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5. Class Members with questions about the Settlement were provided with contact information

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to ask questions to the Class Administrator via the Settlement Website, a toll-free phone number, and a

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P.O. Box address.

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6. Our firm complied with all CAFA requirements, sending notification of this proposed

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settlement to the appropriate state and federal authorities on August 8, 2013. To date, no government

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official has raised an objection to the Settlement.

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7. Four objections, on behalf of five objectors, were timely filed. These five objectors include:

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1. Kim Morrison;

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2. David Weiner;

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3. Theodore Frank/Melissa Holyoak; and,

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4. Cameron Jan.

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In October 2013, Analytics Consulting LLC acquired Analytics Incorporated (d/b/a BMC Group Class Action Services
(“BMC Group”)). I was formerly the President/Managing Director of BMC Group. References to Analytics herein include
the prior legal entities.

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DECLARATION OF RICHARD W. SIMMONS
CASE NO. 5:10-CV-4809-EJD

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8. We have received no late objections.

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9. Thirteen Class Members timely excluded themselves from the Settlement. These individuals

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are:

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1. Charles Andrew Breiterman, New York, NY, [e-mail]

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2. Richard Wilbourn, Madison, MS, [e-mail]

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3. Kojack Davis, Gretna, LA, [e-mail]

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4. Elliott Walters, Pittsburgh, PA, [e-mail]

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5. Zoe Carpenter, Germantown, MD, [e-mail]

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6. Charles A. Templeton III, Garland, TX, [e-mail]

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7. Brittany Knapp, Bowie, MD, [e-mail]

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8. Justin Chang, Sunnyvale, CA, [e-mail]

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9. Timothy Brooks, Abingdon, MD, [e-mail]

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10. Nathan Wittman, Winter Park, FL, [e-mail]

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11. Aziz Hussain, Hamtramck, MI, [e-mail]

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12. Robyn Lenore Palmgren, Portland, OR, [e-mail]

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13. Francisco Roena-Santos, Broadmoor Village, CA, [e-mail]

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10.

We have received no late requests for exclusion.

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11.

Between April 25, 2014 and May 25, 2014, digital banner advertisements regarding the

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settlement were displayed 221,668,171 times and viewed by an estimated 95,014,649 individuals. The

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banner advertisement was “clicked” (and the individual directed to the settlement website) 198,018

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times. This overall click-through rate (0.09%) is: 1) comparable with similarly informative digital

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advertisements; and 2) comparable with other legal notice campaigns. The click through rate among

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“Security Conscious” class members (0.15%) is significantly higher than similarly informative digital

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advertisements, and the click through rate among “Security Conscious” class members for

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advertisements displayed on technical websites was 0.25%, which is a very high click through rate.

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12.

Based upon my experience, the overall engagement rate with class members from these

digital advertisements is greater than would have been with a print publication campaign. Additionally,

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DECLARATION OF RICHARD W. SIMMONS
CASE NO. 5:10-CV-4809-EJD

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the Notice Plan in this case utilized the most cost-effective method available, and the cost of the Notice

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Plan was in line with notice plans in similar settlements.

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13.

Consistent with the model class notices provided by the Federal Judicial Center, the

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digital banner advertisements used in this manner contain the same language that would have been used

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on the outside of an envelope in a mailed notice campaign. They also provide the same language that

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would have been used in an emailed notice campaign. Functionally, they provide the same information,

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in a similar framework: In this instance, rather than opening a letter or clicking on an email, to obtain

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more information, the class member clicks on a digital image and is directed to a full website regarding

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the settlement.

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In my experience, requiring objections to be mailed rather than electronically submitted

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is common. In fact, of the hundreds of settlements I have administered, all have required objections to be

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sent via mail.

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I believe the Notice Program provided the best notice practicable under the circumstances

of this case.

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_s/ Richard W. Simmons

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Richard W. Simmons

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Dated: August 22, 2014

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DECLARATION OF RICHARD W. SIMMONS
CASE NO. 5:10-CV-4809-EJD