Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

Declaration of Jonathan K. Levine

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Bonny E. Sweeney (Cal. Bar No. 176174) Robert B. Gilmore (admitted pro hac vice) 1 HAUSFELD LLP Edward H. Meyers (admitted pro hac vice) 2 600 Montgomery St., Suite 3200 STEIN MITCHELL BEATO & MISSNER LLP San Francisco, California 94111 901 15th St., N.W., Suite 700 3 Tel: 415-633-1908 Washington, D.C. 20005 Fax: 415-358-4980 Tel: 202-737-7777 4 bsweeney@hausfeld.com Fax: 202-296-8312 rgilmore@steinmitchell.com 5 Richard Lewis (admitted pro hac vice) emeyers@steinmitchell.com 6 Sathya S. Gosselin (Cal. Bar No. 269171) HAUSFELD LLP Elizabeth C. Pritzker (Cal. Bar No. 146267) 7 1700 K St. NW, Suite 650 Jonathan K. Levine (Cal. Bar No. 220289) Washington, D.C. 20006 Caroline C. Corbitt (Cal. Bar No. 305492) 8 Tel: 202-540-7200 PRITZKER LEVINE LLP Fax: 202-540-7201 1900 Powell Street, Suite 450 9 rlewis@hausfeld.com Emeryville, California 94608 10 sgosselin@hausfeld.com Tel. 415-692-0772 Fax. 415-366-6110 11 ecp@pritzkerlevine.com jkl@pritzkerlevine.com 12 ccc@pritzkerlevine.com 13 Class Counsel 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 Christopher Corcoran, et al., on behalf of Case No. 4:15-cv-03504-YGR-JSC 18 themselves and others similarly situated, CLASS ACTION 19 Plaintiffs, DECLARATION OF JONATHAN K. 20 v. LEVINE IN SUPPORT OF PLAINTIFFS' LOCAL RULE 7-11 21 CVS Pharmacy, Inc., ADMINISTRATIVE MOTION TO EXTEND EXCLUSION DEADLINE 22 Defendant. FOR CERTAIN CLASS MEMBERS 23 24 25 26 27 28 LEVINE DECL. IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 1 I, Jonathan K. Levine, declare as follows: 2 1. I am a member in good standing of the State Bar of California and duly admitted to 3 practice before this Court. I am a partner with Pritzker Levine, LLP, one of the law firms appointed 4 as Class Counsel representing the Plaintiffs and proposed classes in this litigation. I submit this 5 declaration in support of Plaintiffs' Administrative Motion to Extend the Exclusion Deadline for 6 Certain Class Members. I have been primarily responsible for working with Angeion, the claims 7 administrator, to implement the Court-approved notice program in this case. I have personal 8 knowledge of the facts stated herein and, if called upon to do so, could and would testify competently 9 thereto. 10 2. On December 3, 2019, the Court entered the Order Approving Forms of Class Notice 11 (Dkt. No. 409) (the "Notice Order"). In the Notice Order, the Court approved the forms of notice 12 to be provided to class members, ordered Angeion to begin distributing class notice and to activate 13 a dedicated case website within 14 days, and provided that any class members who wished to request 14 exclusion from the classes needed to do so within 75 days of the initial distribution of class notice. 15 See Dkt. No. 409. 16 3. Pursuant to the Notice Order, Angeion sent the notice of pendency to approximately 17 4.5 million class member email addresses starting on December 17, 2019 and ending on December 18 20, 2019. The dedicated case website also went live on December 17, 2019. 19 4. Starting on January 14, 2020 and ending on January 16, 2020, Angeion sent the 20 notice of pendency to approximately 2.3 million postal addresses for class members by first class 21 mail. 22 5. On February 18, 2020, Angeion sent the notice of pendency to approximately 23 250,000 postal addresses for class members by first class mail. This mailing represented some of 24 the individuals for whom the initial mailed notice was returned as undeliverable. 25 6. Based on the December 17, 2019 initial distribution of class notice, the exclusion 26 deadline was March 2, 2020. 27 7. Angeion has received requests for exclusion from 667 class members that were 28 LEVINE DECL. IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 2 1 timely received or postmarked by the March 2, 2020 exclusion deadline. 2 8. There remain 4,706 additional class members for whom the initial mailed notice was 3 returned as undeliverable. Angeion is prepared to resend the notice of pendency to these individuals, 4 if new postal addresses are available, subject to an extension of the exclusion date. 5 9. Extending the exclusion date to May 30, 2020 for these individuals will not otherwise 6 impact the pretrial schedule or trial date. 7 10. Prior to filing this motion, I provided CVS's counsel with the list of the 667 8 individuals who had timely requested exclusion and the list of 4,706 individuals who are the subject 9 of this motion. I conferred with CVS's counsel about the relief requested herein and CVS does not 10 oppose extending the exclusion date for this group of potential class members to May 30, 2020. 11 I declare under penalty of perjury under the laws of the United States of America that the 12 foregoing is true and correct to the best of my knowledge and belief. 13 Executed this 3rd day of April, 2020. 14 /s/ Jonathan K. Levine_____ 15 Jonathan K. Levine 16 17 18 19 20 21 22 23 24 25 26 27 28 LEVINE DECL. IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION CASE NO. 4:15-CV-03504-YGR 3