Multi District Litigation

MDL 2948

In Re: TikTok, Inc., Consumer Privacy Litigation
- Chief Judge Rebecca R. Pallmeyer

MDL 2948
In Re: TikTok, Inc., Consumer Privacy Litigation
- Chief Judge Rebecca R. Pallmeyer




09/30/2021

161

MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 9/30/21.(ca, ) (Entered: 09/30/2021)
07/28/2022

261

MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 7/28/22.(ca, ) (Entered: 07/28/2022)
01/25/2024

316

MEMORANDUM Opinion and Order signed by the Honorable Rebecca R. Pallmeyer on 1/25/2024: The IAB Plaintiffs' claims are not subject to dismissal on the basis of the Settlement in MDL No. 2948 at this time, and may proceed for coordinated pretrial proceedings before this court in accordance with the JPML's order. The court will schedule a status conference to discuss the next procedural steps, including appointment of counsel and development of a revised case management order.


Plaintiffs’ Co-Lead Counsel:
Katrina Carroll
Carlson Lynch, LLP
111 West Washington Street, Suite 1240
Chicago, IL 60602
(312) 750-1265
kcarroll@carlsonlynch.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
 
Elizabeth A. Fegan
Fegan Scott, LLC
150 South Wacker Drive, 24th Floor
Chicago, IL 60606
(312) 741-1019
beth@feganscott.com
Defendants’ 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
Plaintiffs’ Liaison Counsel:
Shannon Marie McNulty
Clifford Law Offices, P.C.
120 North LaSalle Street, Suite 3100
Chicago, IL 60602
(312) 899-9090
smm@cliffordlaw.com
Plaintiffs’ Steering Committee:
Jonathan Jagher
Freed Kanner London & Millen LLC
923 Fayette Street
Conshohocken, PA 19428
(610) 234-6487
jjagher@fklmlaw.com
Megan E. Jones
Hausfeld LLP
1700 K Street NW, Suite 650
Washington, D.C. 20006
(202) 540-7200
mjones@hausfledllp.com
 
Michael Gervais
Susman Godfrey LLP
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
(310) 789-3100
mgervais@susmangodfrey.com
Amanda K. Klevorn
Burns Charest LLP
365 Canal Street, Suite 1170
New Orleans, LA 70130
(504) 799-2845
aklevorn@burnscharest.com
 
Albert Y. Chang
Bottini & Bottini, Inc.
7817 Ivanhoe Avenue, Suite 102
La Jolla, CA 92037
(858) 914-2001
achang@bottinilaw.com


FREQUENTLY ASKED QUESTIONS

What is multidistrict litigation?

Multidistrict litigation is litigation pending in more than one federal district court involving common questions of fact. When such cases involve civil actions, they may be transferred by the Judicial Panel on Multidistrict Litigation (The Panel) to any federal court for coordinated and consolidated pretrial proceedings.

What is the Panel on multidistrict litigation?

The panel is a group of seven federal judges designated by the Chief Justice of the United States. The Panel has the responsibility for determining which cases qualify for multidistrict litigation treatment, as well as which district court to transfer and consolidate these cases. The transfers are made pursuant to 28 U.S.C. §1407, upon the Panel's determination that the transfers will result in the convenience of the parties and witnesses and will promote the just and efficient conduct of the cases.

How are the cases to be transferred brought before the Panel?

Proceedings for transfer may be initiated by the Judicial Panel on Multidistrict Litigation upon its own initiative or a motion filed with the Panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings may be appropriate. Before cases are designated multidistrict litigation and transferred to one federal court, the Panel convenes a hearing and notifies all parties of the place and time of the hearing. The Panel's order of transfer is based on a record of such hearing at which material evidence may be offered by any party to an action in any federal court that would be affected by the transfer.

If my case is subject to a transfer order, but the case has not yet been transferred to the Northern District of Illinois, where should I file documents?

Transfers under 28 U.S.C. §1407 become effective with the filing of the Panel's transfer order in the clerk's office of the designated transferee court. Thus, if the transfer order to which your case is subject has been filed in the Northern District of Illinois, you must make all future filings in the Northern District of Illinois.

Does the Court permit direct filing of cases in the Northern District of Illinois when venue is in another district?

To be determined.

Do I need to file a motion in the Northern District of Illinois to appear pro hac vice or do I need to associate local counsel?

Pro hac vice requirements (and the payment of associated fees) are waived for any attorney who has filed an appearance in a transferor court. Attorneys admitted to practice and in good standing in any United States District Court may be admitted pro hac vice in this litigation without the payment of the pro hac vice fee and without associating with local counsel. Whether or not they file appearances in this case, all lawyers in this litigation are expected to comply with the Court's Local Rules and to abide by the terms of the case management orders and protective orders.

Are attorneys in this MDL required to be e-filers in the Northern District of Illinois?

Yes. Any attorney who will participate actively in the litigation and wishes to receive copies of court filings must file an appearance in this Court and register as an e-filer, receiving training, if he/she is not registered as an e-filer in this Court or another federal court. See General Order 16-0020.

Are there any special procedures regarding service?

__________________has been authorized to accept service of Summons and Complaint on behalf of any defendants pursuant to Fed R. Civ. P. 4(d). See Case Management Order No. 1 (34)

Is there a form complaint that should be filed?

Do I need to submit courtesy copies of all electronic filings?

According to the Fifth Amended General Order, courtesy copies are no longer required and motions shall not be noticed for presentment. Parties shall propose a briefing schedule on opposed motions by joint submission to the court.

 How can I be kept advised of the developments of this case?

Court orders, developments, and upcoming events will be posted on the Court's website.

https://www.ilnd.uscourts.gov/

How can I access the docket sheet?

You may access the docket sheet online by purchasing a PACER account through the PACER Service Center's website at http://www.pacer.uscourts.gov .

Does the Court permit telephone participation at status conferences?

Yes, in some instances.



COURT CONTACTS

Chief Judge Rebecca R. Pallmeyer, U.S. District Judge
https://www.ilnd.uscourts.gov/judge-info.aspx?X0KFz5VBiGM=

Courthouse Address
219 South Dearborn Street
Chicago, Illinois  60604

Courtroom Deputy
Christina Presslak
(312) 435-5637
Room 2528A
Email: Christina_Presslak@ilnd.uscourts.gov

Judicial Assistant
Susan Kelly Lenburg
(312) 435-5600
Room 2548
Email: Susan_Lenburg@ilnd.uscourts.gov

Court Reporter
Frances Ward
(312) 435-5561
Room 2524A
Email: Frances_Ward@ilnd.uscourts.gov
Order Transcript: wardofficialtranscripts@gmail.com

Please note that Ms. Ward will not respond immediately to orders for transcripts as she is in court most of the day. If you order a transcript, you may assume that she is preparing it and will contact you when your transcript is complete and ready for pick-up.


Case #PlaintiffDefendantOrig. District Case #Originating DistrictDate Closed
1:20-cv-02810E.R.TikTok, Inc.08/22/2022
1:20-cv-02883MarksTikTok, Inc.07/30/2020
1:20-cv-02884D.H.TIKTOK, INC.07/30/2020
1:20-cv-02889L.BTIKTOK, INC.07/30/2020
1:20-cv-03007H.S.TikTok, Inc.07/30/2020
1:20-cv-03771minors, by and through their guardian, Darcy TelloTikTok Inc.07/30/2020
1:20-cv-04170KukovecTIKTOK, INC.08/03/2020
1:20-cv-04699TikTok, Inc., Consumer Privacy Litigation08/22/2022
1:20-cv-04723HongByteDance, Inc., a corporation,08/22/2022
1:20-cv-04724P.S.TikTok, Inc.08/22/2022
1:20-cv-04725D.M.TikTok, Inc.08/22/2022
1:20-cv-04728R.S.TikTok, Inc., a corporation08/22/2022
1:20-cv-04729S.A.TikTok, Inc.08/22/2022
1:20-cv-04731A.S.TikTok Inc.08/22/2022
1:20-cv-05212G. R.TikTok Inc08/22/2022
1:20-cv-05213H.TikTok, Inc.08/22/2022
1:20-cv-05214A.J.Tiktok Inc.08/22/2022
1:20-cv-05215M.E.TikTok, Inc.08/22/2022
1:20-cv-05217IyerTiktok Inc.08/22/2022
1:20-cv-05218L.M.TikTok Inc.08/22/2022
1:20-cv-05305M.G.TikTok Inc. et al08/22/2022
1:20-cv-06737S.W. (a minor)TIKTOK, INC.08/22/2022
1:22-cv-00973NewmanTik Tok (Bytedance)08/22/2022
1:22-cv-07256RahnTikTok, Inc.06/01/2023
1:23-cv-00134SmithTikTok Inc.06/01/2023
1:23-cv-00225BravoTIKTOK, INC.
1:23-cv-00504MurphyTikTok, Inc.
1:23-cv-00841BuckleyTikTok, Inc.
1:23-cv-01430TadoTikTok, Inc., a California corporation
1:23-cv-02248RechtTikTok Inc
1:23-cv-02250ArroyoTikTok, Inc.06/01/2023
1:23-cv-02260FLEMINGTIKTOK INC.
1:23-cv-02262E.K.TikTok Inc.
1:23-cv-02264KOWALSKITIKTOK, INC.06/01/2023
1:23-cv-02462AndroshchukTikTok Inc.
1:23-cv-02463AlbaranTikTok Inc.
1:23-cv-02464R.TikTok, Inc.
1:23-cv-02465MoodyTikTok, Inc.
1:23-cv-02466SchulteTikTok Inc.
1:23-cv-02467FugokTikTok Inc.




07/12/2023

306

ORDER: The parties are directed to submit briefs on the question whether "in-app browser" claims asserted in these cases should be dismissed on the basis of the settlement entered into in 2022. Such briefs shall be submitted simultaneously on or before August 11, 2023, and should be limited to 15 pages. Plaintiffs' attorneys are expected to confer with one another and agree to collaborating on the filing of one or a small number of joint briefs. The court requests that counsel review the court's list of cases above, and promptly notify the court's deputy clerk if the list is incomplete. Co-Lead Counsel previously appointed in this MDL have leave to submit briefs on this issue as well. Signed by the Honorable Rebecca R. Pallmeyer on 7/12/2023. Mailed notice. (cp, ) (Entered: 07/12/2023)



Plaintiffs' Motion for Preliminary Approval of Class Action Settlement


Date PostedDoc.#Description
02/25/2021122Plaintiffs' Motion for Preliminary Approval of Class Action Settlement
09/30/2021160MINUTE entry
09/30/2021161MEMORANDUM Opinion and Order

Plaintiffs’ Motion for Final Approval of Class Action Settlement


Date PostedDoc.#Description
03/31/2022195Plaintiffs’ Motion for Final Approval of Class Action Settlement

Plaintiffs’ Motion for Attorneys’ Fees


Date PostedDoc.#Description
03/31/2022197Plaintiffs’ Motion for Attorneys’ Fees


WebEx Access Information

WebEx, with a call-in number of 1-650-479-3207 and access code 23040381197. To join the conference by WebEx video, counsel of record and members of the public can join by clicking on the following hyperlink:

https://us-courts.webex.com/us-courts/j.php?MTID=m9b0894a49d7c2638b2eecbe6320489fa.

Telephone Hearing Access Information

Please click on the below hyperlink to take you to Judge Pallmeyer's telephone conference login. From there, join conference As Guest, Enter your name, Type the digits in the picture, Click on the Call Me option and fill in your phone number and name. You will receive a call and be connected to the conference line. While participants will have the ability to identify who is speaking, speakers should still identify themselves for the purpose of creating a clear record. Participants should be careful to speak clearly and not to speak over any other participants. If you do not have access to a computer Dial: TELEPHONE NUMBER.

Click here to join the conference: https://teleconference.uc.att.com/ecm/?bp=6366510008&mac=6708061

If the above link does not work, please call: (877)336-1839 or (636)651-0008, access and security code: 6708061#.