Preview
FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018
NYSCEF DOC. NO. 1360 RECEIVED NYSCEF: 06/16/2022
Exhibit C to
Donnellan Aff.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
IN RE: FARM-RAISED SALMON AND Master File No. 19-21551-CV-
SALMON PRODUCTS ANTITRUST ALTONAGA
LITIGATION
DECLARATION OF GINA M.
INTREPIDO-BOWDEN
REGARDING PROPOSED
NOTICE PLAN FOR NOTICE OF
SETTLEMENT
I, Gina M. Intrepido-Bowden, declare and state as follows:
1. I am a Vice President at JND Legal Administration LLC (“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 submit this Declaration based on my personal knowledge, as well as upon
information provided to me by experienced JND employees and Settlement Class Counsel
to describe the proposed Notice Program and address why it is consistent with other class
notice plans that courts have determined satisfy the requirements of Rule 23 of the Federal
Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and
any other applicable statute, law or rule, as well as the Federal Judicial Center (“FJC”)
guidelines for best practicable due process notice.
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
1
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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 we
have 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 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
1
As a SOC 2 Compliant organization, JND has passed an audit under AICPA criteria for
providing data security.
2
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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+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 has been appointed the settlement administrator in the $2.67 billion
Blue Cross Blue Shield antitrust settlement and has been handling 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 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. JND has also handled notice and claims administration tasks for numerous
antitrust matters including: Beltran v. InterExchange, Inc., Case No. 1:14-cv-03074-
CMA-KMT (D. Colo.); FTC v. Reckitt Benckiser Group PLC, Case No. 19CV00028
(W.D. Va.); In re Blue Cross Blue Shield Antitrust Litig., Case No. 13-CV-20000-RDP
(N.D. Ala.); In re Broiler Chicken Antitrust Litig., Case No. 16-cv-08637 (N.D. Ill.); In
re Keurig Green Mountain Single-Serve Coffee Antitrust Litig. (Indirect-Purchasers),
Case No. 14-md-02542 (S.D.N.Y.); In re LIBOR-Based Financial Instruments Antitrust
Litig., Case No. 1:11-md-2262-NRB (S.D.N.Y.); In re Packaged Seafood Products
3
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Antitrust Litig. (End Purchasers and Direct Purchasers), Case No. 15-MD-2670 DMS
(MDD), MDL No. 2670 (S.D. Cal.); In re Pre-Filled Propane Tank Antitrust Litig., Case
No. 14-md-02567 (W.D. Mo.); In re Resistors Antitrust Litig., Case No. 3:15-cv-03820-
JD (N.D. Cal.); In re Wholesale Grocery Prod. Antitrust Litig., Case No. 9-md-2090
(ADM) (TNL) (D. Minn.); Kent v. R.L. Vallee, Inc., Case No. 617-6-15, (Super. Ct. Vt.);
Sidibe v. Sutter Health, Case No. 12-cv-4854-LB (N.D. Cal.); Townsend v. G2 Secure
Staff, L.L.C., Case No. 18STCV04429 (Cal. Super. Ct.); and the Loblaw Canadian
Remediation Project.
8. 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.
CLASS OVERVIEW
9. I have been asked by Counsel to prepare a Notice Plan to reach Settlement
Class Members to inform them about their rights and options in the proposed Settlement.
10. The Settlement Class consists of all persons and entities that purchased farm-
raised Atlantic salmon or products derived therefrom directly from one or more of the
Defendants between April 10, 2013 and the date of Preliminary Approval. Defendants
include Mowi ASA (formerly known as Marine Harvest ASA), Mowi USA, LLC
(formerly known as Marine Harvest USA, LLC), Mowi Canada West, Inc. (formerly
4
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known as Marine Harvest Canada, Inc.), and Mowi Ducktrap, LLC (an assumed name of
Ducktrap River of Maine, LLC); Grieg Seafood North America Inc. (f/k/a Ocean Quality
North America Inc.); Grieg Seafood USA, Inc. (formerly known as Quality USA Inc.);
Grieg Seafood Premium Brands, Inc. (formerly known as Ocean Quality Premium
Brands, Inc.); Sjór AS (formerly known as Ocean Quality AS); SalMar ASA; Lerøy
Seafood AS and Lerøy Seafood USA Inc.; and Cermaq Group AS, Cermaq US LLC,
Cermaq Canada Ltd., and Cermaq Norway AS; and entities owned or controlled by them.
Excluded from the Settlement Class are the Court and its personnel and any Defendants
and their parent, subsidiary, or affiliated companies.
11. It is my understanding that contact information is available for substantially
the entire Settlement Class. Accordingly, JND designed a Notice Plan that will effectively
reach the Settlement Class through a direct notice effort that will be supplemented by the
distribution of a nationwide press release.
NOTICE PLAN SUMMARY
12. The proposed Notice Plan has been designed to provide the best notice
practicable, consistent with the methods and tools employed in other court-approved
notice programs. The FJC’s Judges’ Class Action Notice and Claims Process Checklist
and Plain Language Guide considers a notice plan with a 70%-95% reach effective.2
a. Direct Individual Notice: It is my understanding that a reasonably
current list of addresses is available for the entire Settlement Class. As
a result, mailed notice will be sent to all Settlement Class Members. In
addition, an email notice will be sent to any Settlement Class Member
for whom an email address is available.
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.
5
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b. Press Release: To supplement the direct notice effort, a press release
will be distributed nationwide.
c. Case Website: JND will establish and maintain a dedicated Case
website, where information about the Settlement, as well as copies of
relevant case documentation, including but not limited to the
Settlement Agreement, the Preliminary Approval Motion, the Long
Form Notice, any potential Preliminary Approval Order, the proposed
Final Approval Order and Judgment, and related documents will be
accessible to Settlement Class Members.
d. Dedicated Toll-Free Number and Contact Center: JND will also
establish and maintain a toll-free telephone number with an Interactive
Voice Recording system that Settlement Class Members may call to
obtain more information about the Settlement, as well as leave a
message for a return call.
13. Based on my experience in developing and implementing class notice
programs, I believe the proposed Notice Plan will meet the standards for providing the best
practicable notice in class action settlements.
14. The sections below explain in greater detail the Notice Plan efforts.
DIRECT INDIVIDUAL NOTICE
15. An adequate notice program needs to satisfy “due process” when reaching a
class. The United States Supreme Court, in the seminal case of Eisen v. Carlisle &
Jacqueline, 417 U.S. 156 (1974), stated that direct notice (when possible) is the preferred
method for reaching a class. In addition, Rule 23(c)(2) of the Federal Rules of Civil
Procedure requires that “the court must direct to class members the best notice that is
practicable under the circumstances, including individual notice to all members who can
be identified through reasonable effort. The notice may be by one or more of the following:
United States mail, electronic means, or other appropriate means.”
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16. For this matter, JND staff will effectuate direct individual notice to all
members of the Settlement Class for whom contact information is available.
17. It is my understanding that a reasonably current list of postal addresses is
available for the entire Settlement Class. As a result, JND will mail a Long Form Notice,
attached as Exhibit B, to all Settlement Class Members.
18. Using the Class list data, JND will load the information into a unique database
for this matter. To increase deliverability, JND will review the data provided to identify
any invalid mail and email addresses and duplicate records based on name, address, and/or
email.
19. Prior to mailing, JND will update all addresses using the United States Postal
Services’ (“USPS”) National Change of Address (“NCOA”) database.3
20. JND will track all returned undeliverable mail by the USPS and will promptly
re-mail any returned with a forwarding address. JND will also take reasonable efforts to
research and determine a better mailing address through a sophisticated advanced address
search to re-mail notices that are returned without a forwarding address.
21. The direct notice effort alone is expected to reach more than 95% of
Settlement Class Members.
PRESS RELEASE
22. To supplement the direct notice effort, JND will also cause a press release,
attached as Exhibit C, to be distributed at the launch of the campaign that will assist in
publicizing the Settlement. The Press Release will be distributed to over 11,000 media
outlets nationwide. This case has been the subject of regular and significant news
3
The NCOA database is the official USPS technology product which makes change of
address information available to mailers to help reduce undeliverable mail pieces before
mail enters the mail stream. This product is an effective tool to update address changes
when a person has completed a change of address form with the USPS. The address
information is maintained on the database for 48 months.
7
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coverage, which should assist with distribution of notice as well. The Press Release
specifically directs readers to the Case website and clearly identifies Class Counsel.
SETTLEMENT WEBSITE
23. JND will develop an informational Case website that will allow Settlement
Class Members to obtain more information about the Settlement with an easy-to-navigate
design formatted to emphasize important information regarding Settlement Class Member
rights, deadlines to act, and provide answers to frequently asked questions. The Case
website will host copies of relevant Settlement documents including the Long Form
Notice. Settlement Class Members will be encouraged to file an electronic claim at the
Case website.
24. The Case website will be optimized for mobile visitors so that information
loads quickly across all mobile devices and will also be designed to maximize search
engine optimization through Google and other search engines. Keywords and natural
language search terms will be included in the site’s metadata to maximize search engine
rankings.
TOLL-FREE NUMBER AND POST OFFICE BOX
25. JND will establish and maintain a dedicated Interactive Voice Recorded
(IVR) toll-free telephone number for Settlement Class Members to call for information
related to the Settlement. Settlement Class Members will also be able to leave a message
for a return call. The telephone line will be available 24 hours a day, seven (7) days a
week.
26. JND will also maintain a dedicated Post Office Box where Settlement Class
Members may send claims, inquiries, and exclusion requests.
NOTICE DESIGN AND CONTENT
27. All notice documents have been written in plain language and comply with
the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Due Process
Clause of the United States Constitution, and the FJC’s guidelines for class action notices.
8
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Each of the notice documents contain summaries of the Settlement and the options that are
available to Settlement Class Members. Additionally, the notice documents provide
instructions on how to obtain more information about the Settlement.
CLAIMS PROCESS
28. Class Counsel has also asked that JND advise on the claims process in this
case and the method of distribution.
29. Under the proposed plan of allocation, Settlement Class Members will be able
to make claims for their pro rata share of the Settlement. It is our understanding that the
transactional data in this case is available, and we will be able to determine Settlement
Class Members’ volume of commerce. JND will establish a secure online portal whereby
Settlement Class Members can check and verify their volume of commerce. In the event
that the Settlement Class Member believes a different amount of commerce is correct, the
Settlement Class Member can dispute that amount, in which case their claim will be subject
to an audit. This plan will ease the verification process for Settlement Class Members and
reduce the burden on them. The proceeds of the Settlement will be distributed after final
approval and after consideration of the costs associated with such a distribution. To the
extent there are any undistributed funds following an initial distribution to Settlement Class
Members, JND, upon the recommendation of Class Counsel and approval by the Court,
will either make subsequent distributions to Settlement Class Members, or, if it is infeasible
to do so in light of the amount of undistributed funds and the costs of Administration, will
distribute those funds to the cy pres candidate.
CONCLUSION
30. JND believes that the Notice Plan as described herein provides the best notice
practicable under the circumstances and is consistent with other similar court-approved
best notice practicable notice programs, Rule 23 of the Federal Rules of Civil Procedure,
and the FJC’s guidelines for Best Practicable Due Process notice. The Notice Program is
designed to reach as many Settlement Class Members as practicable and provide them with
9
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the opportunity to review a plain language notice, with the ability to easily take the next
step and learn more about the proposed Settlement.
I declare under penalty of perjury under the laws of the United States that the foregoing
is true and correct. Executed on the 25th day of May 2022, at Philadelphia, Pennsylvania.
GINA M. INTREPIDO-BOWDEN
10
Preview
FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 1360 RECEIVED NYSCEF: 06/16/2022 Exhibit C to Donnellan Aff. FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 1 06/16/2022 NYSCEF: of 65 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION IN RE: FARM-RAISED SALMON AND Master File No. 19-21551-CV- SALMON PRODUCTS ANTITRUST ALTONAGA LITIGATION DECLARATION OF GINA M. INTREPIDO-BOWDEN REGARDING PROPOSED NOTICE PLAN FOR NOTICE OF SETTLEMENT I, Gina M. Intrepido-Bowden, declare and state as follows: 1. I am a Vice President at JND Legal Administration LLC (“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 submit this Declaration based on my personal knowledge, as well as upon information provided to me by experienced JND employees and Settlement Class Counsel to describe the proposed Notice Program and address why it is consistent with other class notice plans that courts have determined satisfy the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and any other applicable statute, law or rule, as well as the Federal Judicial Center (“FJC”) guidelines for best practicable due process notice. 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 1 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 2 06/16/2022 NYSCEF: of 65 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 we have 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 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 1 As a SOC 2 Compliant organization, JND has passed an audit under AICPA criteria for providing data security. 2 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 3 06/16/2022 NYSCEF: of 65 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+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 has been appointed the settlement administrator in the $2.67 billion Blue Cross Blue Shield antitrust settlement and has been handling 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 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. JND has also handled notice and claims administration tasks for numerous antitrust matters including: Beltran v. InterExchange, Inc., Case No. 1:14-cv-03074- CMA-KMT (D. Colo.); FTC v. Reckitt Benckiser Group PLC, Case No. 19CV00028 (W.D. Va.); In re Blue Cross Blue Shield Antitrust Litig., Case No. 13-CV-20000-RDP (N.D. Ala.); In re Broiler Chicken Antitrust Litig., Case No. 16-cv-08637 (N.D. Ill.); In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig. (Indirect-Purchasers), Case No. 14-md-02542 (S.D.N.Y.); In re LIBOR-Based Financial Instruments Antitrust Litig., Case No. 1:11-md-2262-NRB (S.D.N.Y.); In re Packaged Seafood Products 3 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 4 06/16/2022 NYSCEF: of 65 Antitrust Litig. (End Purchasers and Direct Purchasers), Case No. 15-MD-2670 DMS (MDD), MDL No. 2670 (S.D. Cal.); In re Pre-Filled Propane Tank Antitrust Litig., Case No. 14-md-02567 (W.D. Mo.); In re Resistors Antitrust Litig., Case No. 3:15-cv-03820- JD (N.D. Cal.); In re Wholesale Grocery Prod. Antitrust Litig., Case No. 9-md-2090 (ADM) (TNL) (D. Minn.); Kent v. R.L. Vallee, Inc., Case No. 617-6-15, (Super. Ct. Vt.); Sidibe v. Sutter Health, Case No. 12-cv-4854-LB (N.D. Cal.); Townsend v. G2 Secure Staff, L.L.C., Case No. 18STCV04429 (Cal. Super. Ct.); and the Loblaw Canadian Remediation Project. 8. 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. CLASS OVERVIEW 9. I have been asked by Counsel to prepare a Notice Plan to reach Settlement Class Members to inform them about their rights and options in the proposed Settlement. 10. The Settlement Class consists of all persons and entities that purchased farm- raised Atlantic salmon or products derived therefrom directly from one or more of the Defendants between April 10, 2013 and the date of Preliminary Approval. Defendants include Mowi ASA (formerly known as Marine Harvest ASA), Mowi USA, LLC (formerly known as Marine Harvest USA, LLC), Mowi Canada West, Inc. (formerly 4 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 5 06/16/2022 NYSCEF: of 65 known as Marine Harvest Canada, Inc.), and Mowi Ducktrap, LLC (an assumed name of Ducktrap River of Maine, LLC); Grieg Seafood North America Inc. (f/k/a Ocean Quality North America Inc.); Grieg Seafood USA, Inc. (formerly known as Quality USA Inc.); Grieg Seafood Premium Brands, Inc. (formerly known as Ocean Quality Premium Brands, Inc.); Sjór AS (formerly known as Ocean Quality AS); SalMar ASA; Lerøy Seafood AS and Lerøy Seafood USA Inc.; and Cermaq Group AS, Cermaq US LLC, Cermaq Canada Ltd., and Cermaq Norway AS; and entities owned or controlled by them. Excluded from the Settlement Class are the Court and its personnel and any Defendants and their parent, subsidiary, or affiliated companies. 11. It is my understanding that contact information is available for substantially the entire Settlement Class. Accordingly, JND designed a Notice Plan that will effectively reach the Settlement Class through a direct notice effort that will be supplemented by the distribution of a nationwide press release. NOTICE PLAN SUMMARY 12. The proposed Notice Plan has been designed to provide the best notice practicable, consistent with the methods and tools employed in other court-approved notice programs. The FJC’s Judges’ Class Action Notice and Claims Process Checklist and Plain Language Guide considers a notice plan with a 70%-95% reach effective.2 a. Direct Individual Notice: It is my understanding that a reasonably current list of addresses is available for the entire Settlement Class. As a result, mailed notice will be sent to all Settlement Class Members. In addition, an email notice will be sent to any Settlement Class Member for whom an email address is available. 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. 5 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 6 06/16/2022 NYSCEF: of 65 b. Press Release: To supplement the direct notice effort, a press release will be distributed nationwide. c. Case Website: JND will establish and maintain a dedicated Case website, where information about the Settlement, as well as copies of relevant case documentation, including but not limited to the Settlement Agreement, the Preliminary Approval Motion, the Long Form Notice, any potential Preliminary Approval Order, the proposed Final Approval Order and Judgment, and related documents will be accessible to Settlement Class Members. d. Dedicated Toll-Free Number and Contact Center: JND will also establish and maintain a toll-free telephone number with an Interactive Voice Recording system that Settlement Class Members may call to obtain more information about the Settlement, as well as leave a message for a return call. 13. Based on my experience in developing and implementing class notice programs, I believe the proposed Notice Plan will meet the standards for providing the best practicable notice in class action settlements. 14. The sections below explain in greater detail the Notice Plan efforts. DIRECT INDIVIDUAL NOTICE 15. An adequate notice program needs to satisfy “due process” when reaching a class. The United States Supreme Court, in the seminal case of Eisen v. Carlisle & Jacqueline, 417 U.S. 156 (1974), stated that direct notice (when possible) is the preferred method for reaching a class. In addition, Rule 23(c)(2) of the Federal Rules of Civil Procedure requires that “the court must direct to class members the best notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice may be by one or more of the following: United States mail, electronic means, or other appropriate means.” 6 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 7 06/16/2022 NYSCEF: of 65 16. For this matter, JND staff will effectuate direct individual notice to all members of the Settlement Class for whom contact information is available. 17. It is my understanding that a reasonably current list of postal addresses is available for the entire Settlement Class. As a result, JND will mail a Long Form Notice, attached as Exhibit B, to all Settlement Class Members. 18. Using the Class list data, JND will load the information into a unique database for this matter. To increase deliverability, JND will review the data provided to identify any invalid mail and email addresses and duplicate records based on name, address, and/or email. 19. Prior to mailing, JND will update all addresses using the United States Postal Services’ (“USPS”) National Change of Address (“NCOA”) database.3 20. JND will track all returned undeliverable mail by the USPS and will promptly re-mail any returned with a forwarding address. JND will also take reasonable efforts to research and determine a better mailing address through a sophisticated advanced address search to re-mail notices that are returned without a forwarding address. 21. The direct notice effort alone is expected to reach more than 95% of Settlement Class Members. PRESS RELEASE 22. To supplement the direct notice effort, JND will also cause a press release, attached as Exhibit C, to be distributed at the launch of the campaign that will assist in publicizing the Settlement. The Press Release will be distributed to over 11,000 media outlets nationwide. This case has been the subject of regular and significant news 3 The NCOA database is the official USPS technology product which makes change of address information available to mailers to help reduce undeliverable mail pieces before mail enters the mail stream. This product is an effective tool to update address changes when a person has completed a change of address form with the USPS. The address information is maintained on the database for 48 months. 7 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 8 06/16/2022 NYSCEF: of 65 coverage, which should assist with distribution of notice as well. The Press Release specifically directs readers to the Case website and clearly identifies Class Counsel. SETTLEMENT WEBSITE 23. JND will develop an informational Case website that will allow Settlement Class Members to obtain more information about the Settlement with an easy-to-navigate design formatted to emphasize important information regarding Settlement Class Member rights, deadlines to act, and provide answers to frequently asked questions. The Case website will host copies of relevant Settlement documents including the Long Form Notice. Settlement Class Members will be encouraged to file an electronic claim at the Case website. 24. The Case website will be optimized for mobile visitors so that information loads quickly across all mobile devices and will also be designed to maximize search engine optimization through Google and other search engines. Keywords and natural language search terms will be included in the site’s metadata to maximize search engine rankings. TOLL-FREE NUMBER AND POST OFFICE BOX 25. JND will establish and maintain a dedicated Interactive Voice Recorded (IVR) toll-free telephone number for Settlement Class Members to call for information related to the Settlement. Settlement Class Members will also be able to leave a message for a return call. The telephone line will be available 24 hours a day, seven (7) days a week. 26. JND will also maintain a dedicated Post Office Box where Settlement Class Members may send claims, inquiries, and exclusion requests. NOTICE DESIGN AND CONTENT 27. All notice documents have been written in plain language and comply with the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Due Process Clause of the United States Constitution, and the FJC’s guidelines for class action notices. 8 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEFCase DOC.1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 9 06/16/2022 NYSCEF: of 65 Each of the notice documents contain summaries of the Settlement and the options that are available to Settlement Class Members. Additionally, the notice documents provide instructions on how to obtain more information about the Settlement. CLAIMS PROCESS 28. Class Counsel has also asked that JND advise on the claims process in this case and the method of distribution. 29. Under the proposed plan of allocation, Settlement Class Members will be able to make claims for their pro rata share of the Settlement. It is our understanding that the transactional data in this case is available, and we will be able to determine Settlement Class Members’ volume of commerce. JND will establish a secure online portal whereby Settlement Class Members can check and verify their volume of commerce. In the event that the Settlement Class Member believes a different amount of commerce is correct, the Settlement Class Member can dispute that amount, in which case their claim will be subject to an audit. This plan will ease the verification process for Settlement Class Members and reduce the burden on them. The proceeds of the Settlement will be distributed after final approval and after consideration of the costs associated with such a distribution. To the extent there are any undistributed funds following an initial distribution to Settlement Class Members, JND, upon the recommendation of Class Counsel and approval by the Court, will either make subsequent distributions to Settlement Class Members, or, if it is infeasible to do so in light of the amount of undistributed funds and the costs of Administration, will distribute those funds to the cy pres candidate. CONCLUSION 30. JND believes that the Notice Plan as described herein provides the best notice practicable under the circumstances and is consistent with other similar court-approved best notice practicable notice programs, Rule 23 of the Federal Rules of Civil Procedure, and the FJC’s guidelines for Best Practicable Due Process notice. The Notice Program is designed to reach as many Settlement Class Members as practicable and provide them with 9 FILED: WESTCHESTER COUNTY CLERK 06/16/2022 01:02 PM INDEX NO. 60767/2018 NYSCEF CaseDOC. 1:19-cv-21551-CMA NO. 1360 Document 524-4 Entered on FLSD Docket 05/25/2022 RECEIVED Page 10 NYSCEF: of 06/16/2022 65 the opportunity to review a plain language notice, with the ability to easily take the next step and learn more about the proposed Settlement. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on the 25th day of May 2022, at Philadelphia, Pennsylvania. GINA M. INTREPIDO-BOWDEN 10