Preview
FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
Index No. 60767/2018
PAMELA GOLDSTEIN,
ELLYN & TONY BERK as Administrators Hon. Linda S. Jamieson
of the Estate of Winifred Berk, and PAUL
BENJAMIN, on behalf of themselves and AFFIDAVIT OF GINA
all others similarly situated, INTREPIDO-BOWDEN IN
Plaintiffs, SUPPORT OF CLASS
PLAINTIFFS’ MOTION FOR
v. CLASS NOTICE PLAN
HOULIHAN/LAWRENCE INC., APPROVAL
Defendant.
STATE OF WASHINGTON )
) SS:
COUNTY OF KING )
GINA INTREPIDO-BOWDEN, being duly sworn, deposes and says as
follows:
1. I am a Vice President at JND Legal Administration (“JND”). I am a
judicially recognized legal notice expert with more than 20 years of experience
designing and implementing class action legal notice programs. I have been
involved in many of the largest and most complex class action notice programs,
including all aspects of notice dissemination. A comprehensive description of my
experience is attached as Exhibit A.
2. I am fully familiar with the facts contained herein based upon my
personal knowledge, and if called as a witness, could and would testify competently
thereto. I submit this Affidavit at the request of Class Plaintiffs in connection with
the above-captioned action (the “Action”).
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JND’s BACKGROUND AND EXPERIENCE
3. JND is a legal administration services provider with headquarters
located in Seattle, Washington. We employ over 180 people in multiple offices
throughout the United States. JND’s class action division provides all services
necessary for the effective implementation of class action settlements, including:
(1) all facets of providing legal notice to potential class members, such as outbound
mailing, email notification, and the design and implementation of media
programs, including through digital and social media platforms; (2) website design
and deployment, including online claim filing capabilities; (3) call center and other
contact support; (4) secure class member data management; (5) paper and
electronic claims processing; (6) review of claims submission supporting
documentation; (7) calculation design and programming; (8) payment
disbursements through check, wire, PayPal, merchandise credits, and other
means; (9) qualified settlement fund management and tax reporting; (10) banking
services and reporting; and (11) all other functions related to the secure and
accurate administration of class action settlements.
4. JND is an approved vendor for the United States Securities and
Exchange Commission (“SEC”), as well as for the Federal Trade Commission
(“FTC”), and it has worked with a number of other government agencies including:
the U.S. Equal Employment Opportunity Commission (“EEOC”), the Office of the
Comptroller of the Currency (“OCC”), the Consumer Financial Protection Bureau
(“CFPB”), the Federal Deposit Insurance Corporation (“FDIC”), the Federal
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Communications Commission (“FCC”), the Department of Justice (“DOJ”) and the
Department of Labor (“DOL”). We also have Master Services Agreements with
various corporations, banks, and other government agencies, which were only
awarded after JND underwent rigorous reviews of our systems, privacy policies, and
procedures. JND has been certified as SOC 2 compliant1 by noted accounting firm
Moss Adams. Finally, JND has been recognized by various publications, including,
among others, the National Law Journal, the Legal Times and the New York Law
Journal, for excellence in class action administration.
5. The principals of JND collectively have over 80 years of experience in
class action legal and administrative fields and have overseen claims processes for
some of the largest legal claims administration matters in the country’s history and
regularly prepare and implement court approved notice and administration
campaigns throughout the United States. Their large matters include the $20
billion Gulf Coast Claims Facility, the $10 plus billion BP Deepwater Horizon
Settlement, and the $3.4 billion Cobell Indian Trust Settlement (the largest U.S.
government class action settlement ever), among others.
6. JND was appointed the settlement administrator in the $2.67 billion
Blue Cross Blue Shield antitrust settlement and has handled the settlement
administration of the $1.3 billion Equifax Data Breach Settlement, the largest class
action ever in terms of the number of claims received; a voluntary remediation
1 As a SOC 2 Compliant organization, JND has passed an audit under AICPA
criteria for providing data security.
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program in Canada on behalf of over 30 million people; the $1.5 billion Mercedes-
Benz Emissions settlements; the $120 million GM Ignition class action economic
settlement, where notice was sent to nearly 30 million class members; and the $215
million USC Student Health Center Settlement on behalf of women who were
sexually abused by a doctor at USC, as well as hundreds of other matters. The
notice campaigns JND designs are regularly approved by courts throughout the
United States.
7. As a member of JND’s Legal Notice Team, I research, design, develop,
and implement a wide array of legal notice programs to meet the requirements of
Rule 23 of the Federal Rules of Civil Procedure and relevant state court rules and to
satisfy the due process clause of the United States Constitution. Our notice
campaigns, which are regularly approved by courts throughout the United States,
use a variety of media including newspapers, press releases, magazines, trade
journals, radio, television, social media and the internet depending on the
circumstances and allegations of the case, the demographics of the class, and the
habits of its members, as reported by various research and analytics tools. During
my career, I have submitted several hundred affidavits to courts throughout the
country attesting to our role in the creation and launch of various media programs.
CASE OVERVIEW
8. This Affidavit summarizes a proposed Notice Plan for the Action
designed to provide notice in compliance with CPLR § 904 and due process to Class
Members generally defined as follows:
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All home buyers and sellers of residential real estate in
Westchester, Putnam and Dutchess counties from January 1,
2011 to July 14, 2018 in which defendant represented both
buyer and seller in the same transaction.
9. The proposed Notice Plan, summarized in the chart below, will deliver
an estimated reach 2 of 85.0% to potential Class Members:
Summary of Proposed Notice Plan
Distribution Method 85.0% Reach
Direct Notice • Email and postcard notice
• 30-day campaign
Digital Banner Ads
• Houlihan Lawrence corporate website and
(Houlihan Lawrence Websites)
social media pages
• 30-day campaign
Digital Banner Ads • 5.5 million digital impressions 3
(Third-Party Websites) • Google Display Network, Facebook and
Instagram
• Once a week for two consecutive weeks
Newspaper Ads
• Leading local newspapers where most
Class Members reside
• Short-form and Long-form notice
Case-Specific Website • Important case documents
• Contact information for Class Counsel
2 Reach is the percentage of a specific population group exposed to a media vehicle
or a combination of media vehicles containing a notice at least once over the course
of a campaign. Reach factors out duplication, representing total different / net
persons.
3 Impressions or Exposures are the total number of opportunities to be exposed to a
media vehicle or combination of media vehicles containing a notice. Impressions are a
gross or cumulative number that may include the same person more than once. As a
result, impressions can and often do exceed the population size.
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10. The proposed Notice Plan described in this Affidavit is consistent with
recent Court-approved JND notice plans for other class actions with regard to the
methods and tools for developing such plans. The proposed Notice Plan is designed
to provide the best notice practicable under the circumstances and provides a reach
similar to those that Courts have approved and recommended by the Federal
Judicial Center’s Judges’ Class Action Notice and Claims Process Checklist and
Plain Language Guide, which considers a 70%-95% reach among class members
reasonable.
A. Direct Notice
11. As the proposed Notice Plan Administrator, JND has received
potential Class Member information and data produced by Houlihan Lawrence
pursuant to the Court’s Order confirming the Fourteenth Report and
Recommendation, dated March 18, 2022 (Dkt. 1088). Once the Court approves a
class notice plan, JND will electronically process the data to consolidate and remove
duplicative records, identify the last known contact information for each Class
Member, and effectuate direct email or mail notice as described below.
12. Direct notice will be provided via a Short-Form Notice. The more
detailed Long-Form Notice and the Short-Form Notice will be available for
download on the case-specific website. Both the Short-Form Notice and Long-Form
Notice are attached as Exhibits 1 and 2 to the Declaration of Jeremy Vest. The
Short-Form Notice will be sent directly to Class Members and contain summary
information concerning the Action, including: that this is a class action; the Class
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definition in plain and engaged language; the Class allegation that Houlihan
Lawrence acted as a dual agent without making full disclosure and obtaining both
parties’ informed written consent; that a Class Member may appear through an
attorney if the Member wants; that Class Members can exclude himself, herself, or
itself; the time and manner for requesting exclusion; and the binding effect of a
Class judgment.
13. JND will provide direct notice via email to all Class Members for
whom JND can identify a valid, deliverable email address using third-party
information providers or credit reporting agencies to which we subscribe. Providing
direct notice via email will result in thousands of dollars in postage and printing
savings. Based on similar experience, we anticipate that JND will obtain an email
address for at least 50% of the identified Class Members. JND implements certain
best practices when disseminating email notice, such as not using email
attachments and certain trigger words to avoid SPAM and junk filters, to maximize
deliverability. For Class Members for whom JND cannot identify a valid,
deliverable email, JND will mail the Short-Form Notice formatted as a postcard via
first-class U.S. mail.
B. Digital Publication
14. To supplement direct notice efforts, JND will place targeted digital
banner advertisements on select websites and applications. Digital advertising
allows the viewer to click on a banner advertisement and instantly be directed to
the case-specific website. JND’s digital media experts will coordinate with
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Houlihan Lawrence to ensure placement of digital banner advertisements on
Houlihan Lawrence’s corporate website 4 and their Facebook, 5 Instagram, 6 Twitter, 7
and Pinterest 8 social media pages; two of the most popular social media platforms,
Facebook and Instagram; and through the leading digital network, Google Display
Network (“GDN”). All digital banner advertisements will target Adults 25+ in
Westchester, Putnam and Dutchess counties. The digital banner advertisements
are attached as Exhibit 3 to the Declaration of Jeremy Vest.
15. All of the GDN activity will target homeowners and a portion of the
effort with Facebook and Instagram will be allocated towards digital users with an
interest in Zillow, RedFin, Trulia and Realtor.com.
16. JND employs digital media placement experts who will manage all
digital and social media programs to ensure that all notice placements appear
exactly as planned, meeting JND’s high standards of quality and positioning. JND’s
digital media placement experts will monitor the activity associated with the digital
and social media and will optimize the number of impressions delivered across each
platform to achieve maximum engagement and efficiency.
17. The digital and social media ad campaign will run for 30 days to
ensure ample time to deliver the targeted impressions and drive potential Class
4 https://www.houlihanlawrence.com/
5 https://www.facebook.com/houlihanlawrence/
6 https://www.instagram.com/houlihanlawrence/
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Members to the case-specific website. JND expects a minimum of 5.5 million
impressions to be delivered to Adults 25+ in Westchester, Putnam, and Dutchess
counties across the digital networks and social media. Impressions are the total
number of opportunities to be exposed to a media vehicle or combination of media
vehicles containing a notice. Impressions will be served across all devices (desktop,
laptop, tablet and mobile), with an emphasis on mobile.
C. Print Publication
18. To further reach Class Members, the Short-Form Notice will be
published twice, one week apart, in The Journal News, Poughkeepsie Journal, The
Putnam County News and Recorder, and The Putnam County Courier, which are
newspapers with wide circulations in Westchester, Putnam, and Dutchess counties.
19. The combined direct notice and media efforts will enable maximum
exposure to the Class, delivering the reach required to satisfy CPLR § 904 and due
process.
D. Case-Specific Website
20. JND will also establish and maintain a case-specific website for this
matter. The website address, www.HoulihanLawrenceLitigation.com, will appear
on the Short-Form Notice and Long-Form Notice, and will be hyperlinked from the
digital banner ads. The website will provide, among other things, a summary of the
case and Class Member rights and options, relevant pleadings, important dates, and
any pertinent updates concerning the Action.
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Certificate of Counsel
Pursuant to Commercial Division Rule 17
I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial
Division Rule 17, that the word count for the foregoing document, excluding the
caption, table of contents, table of authorities, and signature block, is 2,232 words.
This document therefore complies with the rule, which limits briefs, memoranda,
affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft
Word generated for this document is 2,232.
Dated: May 26, 2022
New York, New York
MINTZ, LEVIN, COHN, FERRIS,
GLOVSKY, AND POPEO
By: /s/ Jeremy Vest
Jeremy Vest, Esq.
MINTZ, LEVIN, COHN, FERRIS,
GLOVSKY, AND POPEO, P.C.
Chrysler Center
666 Third Avenue
New York, NY 10017
William S. Ohlemeyer, Esq.
BOIES SCHILLER FLEXNER LLP
333 Main Street
Armonk, NY 10504
Class Counsel for Class Plaintiffs
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Preview
FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Index No. 60767/2018 PAMELA GOLDSTEIN, ELLYN & TONY BERK as Administrators Hon. Linda S. Jamieson of the Estate of Winifred Berk, and PAUL BENJAMIN, on behalf of themselves and AFFIDAVIT OF GINA all others similarly situated, INTREPIDO-BOWDEN IN Plaintiffs, SUPPORT OF CLASS PLAINTIFFS’ MOTION FOR v. CLASS NOTICE PLAN HOULIHAN/LAWRENCE INC., APPROVAL Defendant. STATE OF WASHINGTON ) ) SS: COUNTY OF KING ) GINA INTREPIDO-BOWDEN, being duly sworn, deposes and says as follows: 1. I am a Vice President at JND Legal Administration (“JND”). I am a judicially recognized legal notice expert with more than 20 years of experience designing and implementing class action legal notice programs. I have been involved in many of the largest and most complex class action notice programs, including all aspects of notice dissemination. A comprehensive description of my experience is attached as Exhibit A. 2. I am fully familiar with the facts contained herein based upon my personal knowledge, and if called as a witness, could and would testify competently thereto. I submit this Affidavit at the request of Class Plaintiffs in connection with the above-captioned action (the “Action”). 1 1 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 JND’s BACKGROUND AND EXPERIENCE 3. JND is a legal administration services provider with headquarters located in Seattle, Washington. We employ over 180 people in multiple offices throughout the United States. JND’s class action division provides all services necessary for the effective implementation of class action settlements, including: (1) all facets of providing legal notice to potential class members, such as outbound mailing, email notification, and the design and implementation of media programs, including through digital and social media platforms; (2) website design and deployment, including online claim filing capabilities; (3) call center and other contact support; (4) secure class member data management; (5) paper and electronic claims processing; (6) review of claims submission supporting documentation; (7) calculation design and programming; (8) payment disbursements through check, wire, PayPal, merchandise credits, and other means; (9) qualified settlement fund management and tax reporting; (10) banking services and reporting; and (11) all other functions related to the secure and accurate administration of class action settlements. 4. JND is an approved vendor for the United States Securities and Exchange Commission (“SEC”), as well as for the Federal Trade Commission (“FTC”), and it has worked with a number of other government agencies including: the U.S. Equal Employment Opportunity Commission (“EEOC”), the Office of the Comptroller of the Currency (“OCC”), the Consumer Financial Protection Bureau (“CFPB”), the Federal Deposit Insurance Corporation (“FDIC”), the Federal 2 2 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 Communications Commission (“FCC”), the Department of Justice (“DOJ”) and the Department of Labor (“DOL”). We also have Master Services Agreements with various corporations, banks, and other government agencies, which were only awarded after JND underwent rigorous reviews of our systems, privacy policies, and procedures. JND has been certified as SOC 2 compliant1 by noted accounting firm Moss Adams. Finally, JND has been recognized by various publications, including, among others, the National Law Journal, the Legal Times and the New York Law Journal, for excellence in class action administration. 5. The principals of JND collectively have over 80 years of experience in class action legal and administrative fields and have overseen claims processes for some of the largest legal claims administration matters in the country’s history and regularly prepare and implement court approved notice and administration campaigns throughout the United States. Their large matters include the $20 billion Gulf Coast Claims Facility, the $10 plus billion BP Deepwater Horizon Settlement, and the $3.4 billion Cobell Indian Trust Settlement (the largest U.S. government class action settlement ever), among others. 6. JND was appointed the settlement administrator in the $2.67 billion Blue Cross Blue Shield antitrust settlement and has handled the settlement administration of the $1.3 billion Equifax Data Breach Settlement, the largest class action ever in terms of the number of claims received; a voluntary remediation 1 As a SOC 2 Compliant organization, JND has passed an audit under AICPA criteria for providing data security. 3 3 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 program in Canada on behalf of over 30 million people; the $1.5 billion Mercedes- Benz Emissions settlements; the $120 million GM Ignition class action economic settlement, where notice was sent to nearly 30 million class members; and the $215 million USC Student Health Center Settlement on behalf of women who were sexually abused by a doctor at USC, as well as hundreds of other matters. The notice campaigns JND designs are regularly approved by courts throughout the United States. 7. As a member of JND’s Legal Notice Team, I research, design, develop, and implement a wide array of legal notice programs to meet the requirements of Rule 23 of the Federal Rules of Civil Procedure and relevant state court rules and to satisfy the due process clause of the United States Constitution. Our notice campaigns, which are regularly approved by courts throughout the United States, use a variety of media including newspapers, press releases, magazines, trade journals, radio, television, social media and the internet depending on the circumstances and allegations of the case, the demographics of the class, and the habits of its members, as reported by various research and analytics tools. During my career, I have submitted several hundred affidavits to courts throughout the country attesting to our role in the creation and launch of various media programs. CASE OVERVIEW 8. This Affidavit summarizes a proposed Notice Plan for the Action designed to provide notice in compliance with CPLR § 904 and due process to Class Members generally defined as follows: 4 4 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 All home buyers and sellers of residential real estate in Westchester, Putnam and Dutchess counties from January 1, 2011 to July 14, 2018 in which defendant represented both buyer and seller in the same transaction. 9. The proposed Notice Plan, summarized in the chart below, will deliver an estimated reach 2 of 85.0% to potential Class Members: Summary of Proposed Notice Plan Distribution Method 85.0% Reach Direct Notice • Email and postcard notice • 30-day campaign Digital Banner Ads • Houlihan Lawrence corporate website and (Houlihan Lawrence Websites) social media pages • 30-day campaign Digital Banner Ads • 5.5 million digital impressions 3 (Third-Party Websites) • Google Display Network, Facebook and Instagram • Once a week for two consecutive weeks Newspaper Ads • Leading local newspapers where most Class Members reside • Short-form and Long-form notice Case-Specific Website • Important case documents • Contact information for Class Counsel 2 Reach is the percentage of a specific population group exposed to a media vehicle or a combination of media vehicles containing a notice at least once over the course of a campaign. Reach factors out duplication, representing total different / net persons. 3 Impressions or Exposures are the total number of opportunities to be exposed to a media vehicle or combination of media vehicles containing a notice. Impressions are a gross or cumulative number that may include the same person more than once. As a result, impressions can and often do exceed the population size. 5 5 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 10. The proposed Notice Plan described in this Affidavit is consistent with recent Court-approved JND notice plans for other class actions with regard to the methods and tools for developing such plans. The proposed Notice Plan is designed to provide the best notice practicable under the circumstances and provides a reach similar to those that Courts have approved and recommended by the Federal Judicial Center’s Judges’ Class Action Notice and Claims Process Checklist and Plain Language Guide, which considers a 70%-95% reach among class members reasonable. A. Direct Notice 11. As the proposed Notice Plan Administrator, JND has received potential Class Member information and data produced by Houlihan Lawrence pursuant to the Court’s Order confirming the Fourteenth Report and Recommendation, dated March 18, 2022 (Dkt. 1088). Once the Court approves a class notice plan, JND will electronically process the data to consolidate and remove duplicative records, identify the last known contact information for each Class Member, and effectuate direct email or mail notice as described below. 12. Direct notice will be provided via a Short-Form Notice. The more detailed Long-Form Notice and the Short-Form Notice will be available for download on the case-specific website. Both the Short-Form Notice and Long-Form Notice are attached as Exhibits 1 and 2 to the Declaration of Jeremy Vest. The Short-Form Notice will be sent directly to Class Members and contain summary information concerning the Action, including: that this is a class action; the Class 6 6 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 definition in plain and engaged language; the Class allegation that Houlihan Lawrence acted as a dual agent without making full disclosure and obtaining both parties’ informed written consent; that a Class Member may appear through an attorney if the Member wants; that Class Members can exclude himself, herself, or itself; the time and manner for requesting exclusion; and the binding effect of a Class judgment. 13. JND will provide direct notice via email to all Class Members for whom JND can identify a valid, deliverable email address using third-party information providers or credit reporting agencies to which we subscribe. Providing direct notice via email will result in thousands of dollars in postage and printing savings. Based on similar experience, we anticipate that JND will obtain an email address for at least 50% of the identified Class Members. JND implements certain best practices when disseminating email notice, such as not using email attachments and certain trigger words to avoid SPAM and junk filters, to maximize deliverability. For Class Members for whom JND cannot identify a valid, deliverable email, JND will mail the Short-Form Notice formatted as a postcard via first-class U.S. mail. B. Digital Publication 14. To supplement direct notice efforts, JND will place targeted digital banner advertisements on select websites and applications. Digital advertising allows the viewer to click on a banner advertisement and instantly be directed to the case-specific website. JND’s digital media experts will coordinate with 7 7 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 Houlihan Lawrence to ensure placement of digital banner advertisements on Houlihan Lawrence’s corporate website 4 and their Facebook, 5 Instagram, 6 Twitter, 7 and Pinterest 8 social media pages; two of the most popular social media platforms, Facebook and Instagram; and through the leading digital network, Google Display Network (“GDN”). All digital banner advertisements will target Adults 25+ in Westchester, Putnam and Dutchess counties. The digital banner advertisements are attached as Exhibit 3 to the Declaration of Jeremy Vest. 15. All of the GDN activity will target homeowners and a portion of the effort with Facebook and Instagram will be allocated towards digital users with an interest in Zillow, RedFin, Trulia and Realtor.com. 16. JND employs digital media placement experts who will manage all digital and social media programs to ensure that all notice placements appear exactly as planned, meeting JND’s high standards of quality and positioning. JND’s digital media placement experts will monitor the activity associated with the digital and social media and will optimize the number of impressions delivered across each platform to achieve maximum engagement and efficiency. 17. The digital and social media ad campaign will run for 30 days to ensure ample time to deliver the targeted impressions and drive potential Class 4 https://www.houlihanlawrence.com/ 5 https://www.facebook.com/houlihanlawrence/ 6 https://www.instagram.com/houlihanlawrence/ 8 8 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 Members to the case-specific website. JND expects a minimum of 5.5 million impressions to be delivered to Adults 25+ in Westchester, Putnam, and Dutchess counties across the digital networks and social media. Impressions are the total number of opportunities to be exposed to a media vehicle or combination of media vehicles containing a notice. Impressions will be served across all devices (desktop, laptop, tablet and mobile), with an emphasis on mobile. C. Print Publication 18. To further reach Class Members, the Short-Form Notice will be published twice, one week apart, in The Journal News, Poughkeepsie Journal, The Putnam County News and Recorder, and The Putnam County Courier, which are newspapers with wide circulations in Westchester, Putnam, and Dutchess counties. 19. The combined direct notice and media efforts will enable maximum exposure to the Class, delivering the reach required to satisfy CPLR § 904 and due process. D. Case-Specific Website 20. JND will also establish and maintain a case-specific website for this matter. The website address, www.HoulihanLawrenceLitigation.com, will appear on the Short-Form Notice and Long-Form Notice, and will be hyperlinked from the digital banner ads. The website will provide, among other things, a summary of the case and Class Member rights and options, relevant pleadings, important dates, and any pertinent updates concerning the Action. 9 9 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 10 of 11 FILED: WESTCHESTER COUNTY CLERK 05/26/2022 06:27 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1343 RECEIVED NYSCEF: 05/26/2022 Certificate of Counsel Pursuant to Commercial Division Rule 17 I, Jeremy Vest, counsel for Plaintiffs, hereby certify, pursuant to Commercial Division Rule 17, that the word count for the foregoing document, excluding the caption, table of contents, table of authorities, and signature block, is 2,232 words. This document therefore complies with the rule, which limits briefs, memoranda, affirmations, and affidavits to 7,000 words. I certify that the word count Microsoft Word generated for this document is 2,232. Dated: May 26, 2022 New York, New York MINTZ, LEVIN, COHN, FERRIS, GLOVSKY, AND POPEO By: /s/ Jeremy Vest Jeremy Vest, Esq. MINTZ, LEVIN, COHN, FERRIS, GLOVSKY, AND POPEO, P.C. Chrysler Center 666 Third Avenue New York, NY 10017 William S. Ohlemeyer, Esq. BOIES SCHILLER FLEXNER LLP 333 Main Street Armonk, NY 10504 Class Counsel for Class Plaintiffs 11 11 of 11