Professional Documents
Culture Documents
EXHIBIT E
3.
I am the managing partner at the law firm of Edelson McGuire LLC (EM), which
has been appointed lead counsel in this matter. A true and accurate copy of EMs firm resume is
attached as Exhibit 1.
4.
While Class Counsel explored a settlement structure that provided direct cash
payments to the Class, such a settlement structure was impossible given the Class size of 62 million
individuals. As set forth in the Affidavit of Tiffaney A. Janowicz, with a class size of over 60 million
individuals, a cash distribution program would have exhausted the settlement fund approximately
three times over, at a cost of between $23 million and $28 million. (See Exhibit F to Plaintiffs Reply
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Memorandum in Support of Motion for Final Approval of Class Action Settlement and Award of
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Attorneys Fees, Expenses, and Incentive Award (Mot. Ex. F), 6.)
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5.
Furthermore, if the Settlement Class were limited to only former subscribers, the
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Settlement Fund would still be depleted by the expenses of the claims distribution process, assuming
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6.
Given the infeasibility of distributing a cash payment to Class members, the Parties
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agreed that a cy pres distribution would provide the greatest benefit to the Class. The Parties then
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looked to the cy pres selection process required by Judge Ware in the Google Buzz litigation as a
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model for achieving the greatest benefit possible for the Class. Specifically, Class Counsel: solicited
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proposals from potential Cy Pres Recipients regarding their proposed uses of the distribution,
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responded to and considered Class member feedback regarding the cy pres distribution, conferred
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with Netflix to select the best Cy Pres Recipients and the appropriate distribution amounts, and
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submitted the proposed recipient and distribution list to the Court, both in the Final Approval Brief,
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(see Mot. Fin. App. at 2023), and as a stand-alone Notice (see Dkt. 193). Contemporaneous with
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the filing of the Final Approval Motion, Class Counsel caused the proposed cy pres distribution to be
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7.
As part of the Settlement of this litigation, potential Cy Pres Recipients were asked to
submit formal proposals containing information about their respective organizations and how the
DECLARATION OF JAY EDELSON