Declaration of Rachel Geman — Plaid Privacy (Dkt. 166.1)

Record facts

U.S. District Court for the Northern District of California · No. 4:20-cv-03056-DMR · Doc. 166-1 · 2022-03-21 · Docket on CourtListener

Full text

DECLARATION OF RACHEL GEMAN 
ISO PLAINTIFFS’ RESPONSE TO OBJECTIONS 
CASE NO. 4:20-CV-03056-DMR  
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
HERRERA KENNEDY LLP 
Shawn M. Kennedy (SBN 218472) 
skennedy@herrerakennedy.com 
Bret D. Hembd (SBN 272826) 
bhembd@herrerakennedy.com 
4590 MacArthur Blvd., Suite 500 
Newport Beach, CA 92660 
Tel: (949) 936-0900 
Fax: (855) 969-2050 
 
HERRERA KENNEDY LLP 
Nicomedes Sy Herrera (SBN 275332) 
nherrera@herrerakennedy.com 
Laura E. Seidl (SBN 269891) 
lseidl@herrerakennedy.com 
1300 Clay Street, Suite 600 
Oakland, CA 94612 
Tel: (510) 422-4700 
Fax: (855) 969-2050 
 
LIEFF CABRASER HEIMANN & 
BERNSTEIN, LLP 
Rachel Geman (Pro Hac Vice) 
rgeman@lchb.com 
250 Hudson Street, 8th Floor 
New York, NY 10013-1413 
Tel: (212) 355-9500 
Fax: (212) 355-9592 
Co-Lead Class Counsel 
LIEFF CABRASER HEIMANN &  
BERNSTEIN, LLP 
Michael W. Sobol (SBN 194857) 
msobol@lchb.com 
Melissa Gardner (SBN 289096) 
mgardner@lchb.com 
Michael K. Sheen (SBN 288284) 
msheen@lchb.com 
Nicholas R. Hartmann (SBN 301049) 
nhartmann@lchb.com 
275 Battery Street, 29th Floor 
San Francisco, CA 94111-3339 
Tel: (415) 956-1000 
Fax: (415) 956-1008 
BURNS CHAREST LLP 
Christopher J. Cormier (Pro Hac Vice) 
ccormier@burnscharest.com 
4725 Wisconsin Avenue, NW, Suite 200 
Washington, DC 20016 
Tel: (202) 577-3977 
Fax: (469) 444-5002 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
OAKLAND DIVISION 
IN RE PLAID INC. PRIVACY  
LITIGATION 
Master Docket No.: 4:20-cv-03056-DMR 
 
DECLARATION OF RACHEL GEMAN 
IN SUPPORT OF PLAINTIFFS’ 
OMNIBUS RESPONSE TO 
OBJECTIONS TO CLASS ACTION 
SETTLEMENT 
 
 
THIS DOCUMENT RELATES TO:  
ALL ACTIONS 
Case 4:20-cv-03056-DMR     Document 166-1     Filed 03/21/22     Page 1 of 4

 
 
 
 
 
- 1 - 
DECLARATION OF RACHEL GEMAN  
ISO PLAINTIFFS’ RESPONSE TO OBJECTIONS 
CASE NO. 4:20-CV-03056-DMR  
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
I, Rachel Geman, declare as follows: 
1. 
I am a member in good standing of the State Bar of New York, and a partner in 
Lieff Cabraser Heimann & Bernstein, LLP, which has been appointed by the Court to serve as 
Co-Lead Class Counsel in this action.  I make this Declaration based on my own personal 
knowledge.  If called upon to testify, I could and would testify competently to the truth of the 
matters stated herein.  I submit this declaration in support of the Plaintiffs’ Omnibus Response to 
Objections to Class Action Settlement.   
Exclusions   
2. 
As noted in the March 18, 2022 filing (Dkt. 165), there had been approximately 
1,785 requests for exclusion received by the Angeion Group, LLC (“Angeion”), the Court-
appointed Settlement Administrator, as of that date.   
3. 
Of those requests for exclusion, approximately 1,547—or 87% of all exclusions—
were submitted by the Swigart Law Group (“Swigart”).  Swigart first served Class Counsel with a 
letter enclosing fifty-nine requests for exclusion from Class Members whom Swigart stated that it 
represented on February 22, 2022.   
4. 
Based on its research following that notification, including searches run on popular 
social media platforms like Facebook and Instagram, Class Counsel understands that Swigart 
utilized a direct marketing campaign to solicit opt-outs.   
Case 4:20-cv-03056-DMR     Document 166-1     Filed 03/21/22     Page 2 of 4

 
 
 
 
 
- 2 - 
DECLARATION OF RACHEL GEMAN  
ISO PLAINTIFFS’ RESPONSE TO OBJECTIONS 
CASE NO. 4:20-CV-03056-DMR  
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
5. 
For example, Class Counsel located the advertisement shown below on Facebook: 
 
6. 
On February 24, 2022, I communicated with Swigart (via e-mails with Mr. Joshua 
B. Swigart, Esq.) to ensure that any representations to Class Members be accurate and non-
confusing.   
Class Member Communications 
7. 
As of March 21, 2022, Class Counsel has received communications from at least 
110 Class Members, including phone calls and e-mails.  Class Counsel, working in conjunction 
Case 4:20-cv-03056-DMR     Document 166-1     Filed 03/21/22     Page 3 of 4

 
 
 
 
 
- 3 - 
DECLARATION OF RACHEL GEMAN  
ISO PLAINTIFFS’ RESPONSE TO OBJECTIONS 
CASE NO. 4:20-CV-03056-DMR  
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
with Angeion, has endeavored to address Class Members’ inquiries and concerns in every 
instance. 
8. 
None of the Class Members with whom Class Counsel has communicated has 
reported experiencing the technical issue identified by Objector Soldis (Dkt. 155), regarding an 
“error” code received when attempting to enter bank account information for purposes of 
receiving disbursement by direct deposit.1 
I declare under penalty of perjury under the laws of the United States of America that the 
foregoing is true and correct. 
Executed on this 21st day of March, 2022, at New York, New York.  
 
 
 
/s/ Rachel Geman 
 
 
 
 
RACHEL GEMAN  
 
                                                 
1 On January 31, 2022, one Class Member reported receiving an “error” code when entering his 
Notice and Claim ID numbers into the online claim form.  A representative from my firm spoke 
with the Class Member by phone the following day, February 1, 2022.  The Class Member 
ultimately resolved the issue and submitted a claim that day.   
Case 4:20-cv-03056-DMR     Document 166-1     Filed 03/21/22     Page 4 of 4

File and source

File

gov.uscourts.cand.359040.166.1.pdf

Size

157,756 bytes

SHA-256

765827bcb03dc57fb9ef15eb4c79cb41c7cb21a7f9f2de67bab46a7aa1da36bf

Our copy

gov.uscourts.cand.359040.166.1.pdf

Original

PACER (login required)