Exhibit Ex. E - Declaration of the Hon. Jay C. Gandhi (ret.) ISO Motion — In re Plaid Inc. Privacy Litigation (Dkt. 135-5, N.D. Cal. No. 4:20-cv-03056)

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U.S. District Court for the Northern District of California · No. 4:20-cv-03056-DMR · Doc. 135-5 · 2021-08-05 · Docket on CourtListener

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DECLARATION OF THE HONORABLE JAY C. 
GANDHI (RET. ) (NO. 4:20-CV-3056-DMR) 
 
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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
OAKLAND DIVISION 
IN RE PLAID INC. PRIVACY LITIGATION 
_____________________________________ 
THIS DOCUMENT RELATES TO: 
 
                                        ALL ACTIONS 
Case No. 4:20-cv-03056-DMR 
DECLARATION OF THE HONORABLE JAY 
C. GANDHI (RET.) 
 
 
1. 
I am a mediator retained by Plaintiffs’ Class Counsel and by Counsel for Defendant 
Plaid Inc. on behalf of their clients to assist all parties in resolving by settlement all claims presented 
in In re Plaid Inc. Privacy Litigation, 4:20-cv-03056-DMR (U.S. District Court, N.D. Cal). I submit 
this declaration in the context of this Court’s evaluation of the adequacy and fairness of the 
settlement terms, to provide information regarding the considerations that informed the parties in 
the process of reaching the final terms of their agreement. I have personal knowledge of the matters 
stated here and if called as a witness would and could testify competently thereto. 
Case 4:20-cv-03056-DMR     Document 135-5     Filed 08/05/21     Page 1 of 3

 
 
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DECLARATION OF THE HONORABLE JAY C. 
GANDHI (RET. ) (NO. 4:20-CV-3056-DMR) 
 
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2. 
As is true in many cases, the mediation process here was iterative and extensive.  
Starting early in the year, the parties engaged in multiple virtual mediations with their respective 
teams of counsel.  These included two full-day mediation sessions on February 16, 2021 and April 
13, 2021 with the parties over Zoom. 
3. 
Before and after these mediation sessions, I engaged in extensive communications 
with lead counsel for each side about the progress being made, the issues that were essential to 
moving the process forward, and to exchange ideas and ensure the exchange of information that 
was necessary for each side to assess its position.  In sum, the mediation was a multi-month effort 
including lengthy in-person virtual sessions, and separate calls and communications with lead 
counsel on both sides.  This process ensured the parties thoroughly worked through the financial 
and non-monetary terms of the overall settlement.  
4. 
Ultimately, on June 11, 2021, the parties reached agreement on the amount of a non-
reversionary settlement fund of $58 million.  This was based on a mediator’s proposal. 
5. 
Once that agreement was reached, the effort was focused on the non-monetary 
terms.  Early in the process, I had asked each side to designate sub-teams to focus specifically on 
the terms of any injunctive relief.  The parties worked on injunctive relief in parallel with 
negotiations over the monetary relief, then continued negotiating injunctive relief following the 
June 11 agreement on monetary terms.  
6. 
Based on my 20+ years of experience practicing law, including adjudicating and 
mediating many privacy and class action disputes (including my service as a former United States 
Magistrate Judge in the Central District of California), I am confident that the parties devoted their 
best efforts to ensuring that all interests were fairly represented and, as a result, the final settlement 
accounts for the concerns of prospective class claimants.  I have worked with lead counsel on both 
sides on multiple occasions and I can say without reservation that they are very experienced and 
highly cognizant of their obligation to sponsor a settlement that the Court can find is fair, 
reasonable, and adequate. 
7. 
The parties carefully and thoughtfully considered various class settlement 
benchmarks and determined that, based on available estimates of the class size, the anticipated net 
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DECLARATION OF THE HONORABLE JAY C. 
GANDHI (RET. ) (NO. 4:20-CV-3056-DMR) 
 
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settlement fund would be consistent with determinations from the Court regarding fair treatment of 
class members.  This included anticipated “take rates” based on other potentially comparable 
settlement funds. The parties considered the substantial risks and costs associated not only with 
trial and appeal, but also the interests of the class members in avoiding case-by-case determinations, 
in calibrating the damages amount. 
I declare under the laws of the United States of America that the foregoing is true and 
correct. 
Dated:  August ___, 2021 
 
 
 
 
 
 
 
 
 
_____________________________________ 
 
 
 
 
 
 
The Honorable Jay C. Gandhi (Ret.) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4,2021
Case 4:20-cv-03056-DMR     Document 135-5     Filed 08/05/21     Page 3 of 3

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