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1 PANISH | SHEA | BOYLE | RAVIPUDI LLP
BRIAN J. PANISH, State Bar No. 116060
2 bpanish@psbr.law
RAHUL RAVIPUDI, State Bar No. 204519
3 rravipudi@psbr.law
JESSE CREED, State Bar No. 272595
4 jcreed@psbr.law
11111 Santa Monica Boulevard, Suite 700
5 Los Angeles, California 90025
Telephone: 310.477.1700
6 Facsimile: 310.477.1699
7 MORGAN & MORGAN
EMILY C. JEFFCOTT (admitted pro hac vice)
8 ejeffcott@forthepeople.com
633 West Fifth Street, Suite 2652,
9
Los Angeles, CA 90071
10 Tel: (213) 787-8590
Fax: (213) 418-3983
11
BEASLEY ALLEN
12 JOSEPH VANZANDT (admitted pro hac vice)
Beverly Hills, California
KIESEL LAW LLP
joseph.vanzandt@beasleyallen.com
13 234 Commerce Street
Attorneys at Law
Montgomery, AL 36103
14 Tel: (334)269-2343
15 Co-Lead and Co-Liaison Counsel for Plaintiffs
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
18
19 COORDINATION PROCEEDING JUDICIAL COUNCIL COORDINATION
SPECIAL TITLE [RULE 3.400] PROCEEDING NO. 5255
20
SOCIAL MEDIA CASES Lead Case No. For Filing Purposes:
21
_____________________________________ 22STCV21355
22 THIS DOCUMENT RELATES TO:
[PROPOSED] USER ACCOUNT
23 ALL PERSONAL INJURY CASES INFORMATION ORDER
24 Judge: Hon. Carolyn B. Kuhl
25 (CHRISTINA ARLINGTON SMITH, ET AL., SSC-12
V. TIKTOK INC., ET AL., CASE NO.
26 22STCV21355
27
28
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 I. Purpose
2 In this coordinated litigation, individual plaintiffs may not be able to recall or access their user
3 accounts associated with Defendants’ platforms. To address this issue, the Court has approved the
4 following Procedure as detailed herein in Section IV:
5 A. Each Plaintiff will submit to Defendants a Plaintiff User Account Preservation
6 Form (“Preservation Form”) that contains identifying information that Defendants may use
7 to assist in efforts to identify and preserve a Plaintiff’s User Accounts;
8 B. Each Defendant will submit a User Account Identification Form (“Account
9 Identification Form”) to each Plaintiff that submits a Preservation Form that contains
10 certain basic subscriber information1 about user accounts that the Defendant has reason to
11 believe are or were registered to the Plaintiff based on the Defendant’s reasonable
12 investigation in this action (including the information provided by the Plaintiff in the
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13 Preservation Form);
14 C. Thereafter, each Plaintiff will submit to each Defendant a signed Plaintiff User
15 Account Confirmation and Consent Form (“Account Confirmation Form”) that (1)
16 confirms whether the User Accounts identified by the Defendant in the Account
17 Identification Form are registered to Plaintiff and (2) consents under the Stored
18 Communications Act for the Defendant to disclose user account information for those
19 inaccessible User Accounts for which Plaintiffs have confirmed registration; and
20 D. For those inaccessible User Accounts for which Plaintiff has consented to disclosure,
21 the applicable Defendant will submit to the Plaintiff a User Account Data Download to facilitate
22 Plaintiffs’ completion of the Plaintiff Fact Sheet. Nothing in this Order shall affect the Parties’
23 preservation or discovery obligations. This Order
24
1
25 If a Defendant has reason to believe that they are restricted or prohibited from providing
information with respect to any particular Plaintiff in accordance with this Order under applicable
26 law, including international law such as, for example, the European Union General Data
Protection Regulation, that Defendant shall meet and confer with counsel for the particular
27
Plaintiff. If the issue cannot be resolved informally, the parties may raise it for consideration by
28 the Court through a joint posting to Case Anywhere
2
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 shall not provide Plaintiffs a basis to conduct discovery into any issue or process it
2 addresses.
3 II. Definitions
4 A. “User” means a Plaintiff who alleges that they were injured by their use of
5 Defendants’ platforms.
6 B. “User Account” means an account registered to a User on one of Defendants’
7 platforms. For clarity, an account is not a User Account under this Order merely because a
8 Plaintiff has accessed the account without it being registered to the Plaintiff.
9 C. “User Account Data Download” means a download of information associated with
10 a User Account substantially similar to those available using the public tools provided by each
11 Defendant for this purpose:
12 1. Facebook: Download Your Information (available at
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13 https://www.facebook.com/help/212802592074644)
14 2. Instagram: Download Your Information (available at
15 https://help.instagram.com/181231772500920)
16 3. Google/YouTube: Takeout for YouTube and YouTube Music (“All YouTube data
17 included” option) (available at http://takeout.google.com)
18 4. TikTok: Requesting your data (available at https://support.tiktok.com/en/account-
19 and-privacy/personalized-ads-and-data/requesting-your-data)
20 5. Snapchat: Download My Data (available at
21 https://accounts.snapchat.com/accounts/downloadmydata)
22 III. Data Management
23 The Parties have agreed to utilize the online “MDL Centrality” platform designed and provided
24 by BrownGreer PLC and accessible at MDLCentrality.com to complete and serve the Preservation
25 Form, Account Identification Form, and Account Confirmation Form.
26 IV. Procedure
27 A. Account Confirmation and Consent by Plaintiffs:
28
3
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 1. Preservation Forms Provided by Plaintiffs: Each Plaintiff shall 2 provide to
2 Defendants information to facilitate the preservation of Plaintiff user
3 accounts in the Preservation Form, which was filed with the Court on May
4 12, 2023. This Preservation Form is attached as Exhibit A.
5 a) Method of Providing Preservation Forms: Preservation Forms shall be
6 submitted to Defendants using MDL Centrality.
7 b) Timing of Preservation Forms: Each Plaintiff shall submit a Preservation
8 Form completed to the best of their ability on MDL Centrality on the same
9 day the Plaintiff files a Short-Form Complaint. For any plaintiff who has
10 already filed a Short-Form Complaint, a Preservation Form shall be filed
11 within 30 days of entry of this Order. Nothing in this Order prevents
12 Plaintiffs from submitting to Defendants a Preservation Form at an earlier
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13 date, and Plaintiffs have the option to submit to Defendants a Preservation
14 Form on MDL Centrality prior to filing a case.
15 c) Duty to Correct and Supplement: If a Plaintiff or their counsel learns that
16 information provided in the Preservation Form is inaccurate or incomplete,
17 they must promptly amend the Preservation Form and name it accordingly
18 (“First Amended Preservation Form,” “Second Amended Preservation
19 Form,” etc.).
20 2. Account Identification Forms Provided by Defendants: Each Defendant shall
21 submit to each Plaintiff an Account Identification Form that provides certain basic
22 subscriber information for user accounts that the Defendant has reason to believe
23 are or were registered to that Plaintiff. The information provided in the Account
24 Identification Form, which is attached as Exhibit B, is to assist a Plaintiff in
25
26 2
For any Plaintiff who has 26. If a Plaintiff fails to provide a Preservation Form, Defendants have
no obligation to comply with the remaining provisions of this Order. Defendants reserve their right
27
to seek other relief in the event a Plaintiff fails to provide a Preservation Form as required by this
28 Order.
4
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 determining whether an identified user account is registered to Plaintiff. For
2 purposes of this Order, a Defendant “has reason to believe” an account was
3 registered to a Plaintiff if Defendant has identified that account as potentially
4 associated with a Plaintiff using the Defendant’s individual process for identifying
5 accounts for purposes of this Action.
6 a) Method of Providing Account Identification Forms: Defendants shall
7 provide the Account Identification Forms to Plaintiffs using MDL
8 Centrality. BrownGreer PLC shall export the usernames in the Account
9 Identification Form to the “Username” column of the Account Confirmation
10 Form.
11 b) Timing of Providing Account Identification Form: Each Defendant shall
12 submit an Account Identification Form for each Plaintiff no later than 45
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13 days after filing of the Plaintiff’s Short-Form Complaint or Plaintiff’s
14 submission of the Preservation Form on MDL Centrality, whichever is later.
15 If a Plaintiff amends a Preservation Form, Defendants shall have 45 days
16 after submission of the amended Preservation Form on MDL Centrality or
17 filing of a Short-Form Complaint, whichever is later. If a Defendant
18 requires more time to complete this identification for a particular Plaintiff, a
19 Defendant may request a 15 day extension of the deadline to provide an
20 Account Identification Form from counsel for Plaintiff, who shall not
21 unreasonably withhold consent to a good faith request.
22 c) Duty to Correct and Supplement: If a Defendant or their counsel learns
23 that the information contained in the Account Identification Form is
24 inaccurate or incomplete regardless of whether the Preservation Form has
25 been amended by a Plaintiff, Defendants must promptly inform Plaintiff and
26 submit an amended Account Identification Form named accordingly (“First
27 Amended Account Identification Form,” “Second Amended Account
28 Identification Form,” etc.). If Plaintiff submits an Amended Preservation
5
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 Form that does not result in any corrections or additions to the Account
2 Identification Form, Defendants shall notify Plaintiff of such within the
3 timeframe identified in section 4(A)(2)(b).
4 3. Account Confirmation Form Provided by Plaintiffs: Each Plaintiff shall submit to
5 each Defendant a signed Account Confirmation Form, attached as Exhibit C, that
6 identifies which user accounts are registered to Plaintiff, and which user accounts
7 (if any) registered to Plaintiff are inaccessible despite Plaintiff’s good faith and
8 reasonable efforts. A user account is “inaccessible” under this Order and for
9 purposes of the Account Confirmation Form if a Plaintiff is unable to access it
10 and is unable to regain access by using the processes each Defendant makes
11 publicly available to users to regain access to their accounts. Before identifying a
12 User Account as inaccessible, a Plaintiff must make reasonable and good-faith
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13 efforts to regain access to the account using the processes each Defendant makes
14 publicly available to users to do so, and using the information provided by
15 Defendants through User Account Identification Forms, where applicable. By
16 way of example and not limitation, if a Plaintiff has forgotten the password to an
17 account but retains access to the email address used to register the account, they
18 must attempt to reset their password using that email address.
19 a) Method of Providing Account Confirmation Form: Plaintiffs shall complete
20 and submit the User Account Confirmation Forms using MDL Centrality.
21 b) Timing of Providing Account Confirmation Form: Each Plaintiff shall
22 submit an Account Confirmation and Consent Form for each Plaintiff
23 within 30 days of receiving a User Account Identification Form or
24 amendment thereto from Defendants on MDL Centrality.
25 c) Duty to Correct and Supplement: If a Plaintiff or their counsel learns that
26 information provided on the Account Form is inaccurate or incomplete, they
27 must promptly inform Defendants and submit a corrected Account
28 Confirmation Form. If a Plaintiff or their counsel learns that an account that
6
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 they believed was registered to them on the Account Confirmation Form is
2 not actually registered to them, they shall inform Defendants and
3 immediately delete the User Account Data Download provided to them for
4 that account and any copies thereof or work product derived therefrom.
5 B. Account Review by Defendants: After receiving a completed and signed Account
6 Confirmation Form or amendment thereto as provided for in Section III.A.3, each Defendant
7 shall undertake the following steps:
8 1. For accounts not identified as registered to a Plaintiff on the Account
9 Confirmation Form, Defendants need not take further action under this
10 Order.
11 2. For User Accounts that a Plaintiff identifies on the Account Confirmation
12 Form as registered to and accessible by that Plaintiff, Defendants need not
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13 take further action under this Order.
14 3. For User Accounts that a Plaintiff identifies on the Account Confirmation
15 Form as registered to and inaccessible to that Plaintiff, Defendants shall
16 undertake the process described in Section III.C.
17 C. Provision of User Account Data Downloads: For each User Account identified in
18 the Account Confirmation Form or amendment thereto as inaccessible as defined in
19 Section III.A.3, the Defendant on whose platform the inaccessible account is
20 located will, within 30 days of receiving a completed Account Confirmation Form
21 from a Plaintiff, provide to that Plaintiff a User Account Data Download, if any, for
22 each User Account associated with the usernames identified under Section III.B.3.
23 If a Defendant requires more time to complete this process for a particular Plaintiff,
24 Defendant may request a 15 day extension of the deadline to provide a User
25 Account Data Download from counsel for Plaintiff, who shall not unreasonably
26 withhold consent to a good-faith request.3
27
3
28 3If a Defendant objects to the sufficiency or accuracy of the information provided for any user
7
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 1. Each Defendant may (in its sole discretion) send an email to the email
2 address(es) associated in its systems with the accounts defined in Section III.A.3
3 stating that a plaintiff in litigation has claimed they are the registered
4 accountholder, that a download of data from the account will be provided to that
5 plaintiff, and providing an opportunity for the holder of the email address(es) to
6 object and state that the account is not registered to any plaintiff in litigation. If a
7 Defendant receives, within seven days of sending the email, such a response, the
8 Defendant shall inform Plaintiff and shall not be obligated to provide the User
9 Account Data Download for that account to Plaintiff.
10 2. Method of Providing Download: Defendants may provide this User account
11 Data Download or another means of reasonably accessing the account data to a Plaintiff in the
12 form of a link, secure file transfer, or other electronic means permitting the Plaintiff to retrieve a file
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13 containing the download using the link. The link, secure file transfer, or other electronic means need
14 not remain operative for longer than 60 days from when it is provided to a Plaintiff. For clarity,
15 Defendants are not required to produce User Account Data Downloads to Plaintiffs using the processes
16 or specifications appropriate for producing documents in formal discovery. If technologically feasible,
17 the download file, link, or other method of providing the User Account Data Download shall be provided
18 by Defendants to Plaintiffs through MDL Centrality.
19 3. Consent as Required by Stored Communications Act:
20 a) Defendants shall not be required to provide a User Account Data
21 Download unless the User and, if the user is a minor, a parent or legal
22 guardian, has provided consent through the Account Confirmation Form
23 under the Stored Communications Act, 18 U.S.C. § 2702(b)(3), for
24 Defendants to divulge the contents of the User Account Data Downloads to
25 counsel for Defendants and Plaintiffs for purposes of this Action. By
26
account in the Account Confirmation and Consent Form, that Defendant will meet and confer with
27
counsel for the particular Plaintiff. If the issue cannot be resolved informally, the parties may raise
28 it for consideration by the Court through a joint posting to Case Anywhere.
8
[PROPOSED] USER ACCOUNT INFORMATION ORDER
1 executing the Account Confirmation Form, a Plaintiff and, if the user is a
2 minor, a parent or legal guardian, consents to the disclosure of their data
3 within the meaning of the Stored Communications Act, 18 U.S.C. §
4 2702(b)(3). A Defendant’s disclosure of User Account Data Download to a
5 Plaintiff pursuant to the terms of this Order is a disclosure compelled by this
6 Order, on which Defendants rely in good faith.
7 b) The Court expressly finds that the process outlined in this order
8 satisfies the consent requirement of the Stored Communications Act and
9 that any User Account Data Download provided by a Defendant pursuant to
10 the process set forth in this Order is made “with the lawful consent of the
11 originator or an addressee or intended recipient of such communication”
12 pursuant to § 2702(b)(3).4
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KIESEL LAW LLP
Attorneys at Law
13
14
15 IT IS SO ORDERED.
16
17
18
19
DATED: Hon. Carolyn B. Kuhl
20
21
22
23
24
25
26
27 4
The parties disagree about whether Defendants qualify as service providers under the Stored
28 Communications Act. This order is not intended to resolve that dispute.
9
[PROPOSED] USER ACCOUNT INFORMATION ORDER
Exhibit A
1
2
SUPERIOR COURT OF THE STATE OF CALIFORNIA
3
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
4
JUDICIAL COUNCIL COORDINATION
5 COORDINATION PROCEEDING SPECIAL PROCEEDING NO. 5255
6 TITLE [RULE 3.400] For Filing Purposes: 22STCV21355
7
Judge: Hon. Carolyn B. Kuhl
8 SOCIAL MEDIA CASES SSC-12
9 _____________________________________
PLAINTIFF USER ACCOUNT
10 THIS DOCUMENT RELATES TO: PRESERVATION FORM
11 __________________
12
13
14 The Plaintiff User named below submits this Plaintiff User Account Preservation Form, by and
15 through the undersigned counsel, after reasonable investigation. This information is Confidential pursuant
16
to the Protective Order that has been or will be entered by the Court and is being provided solely for
17
preservation purposes.
18
A. Plaintiff User’s full name:
19
20 _______________________________________________________________________
21 B. Date of birth:
22 _______________________________________________________________________
23
24
25
26
27
28
PLAINTIFF USER ACCOUNT PRESERVATION FORM 1
1 C. For any Plaintiff User who is a minor, the full name of the Plaintiff’s legal representative or
2 guardian ad litem (“Representative”) with authority to consent to the preservation of information
3
and to receive information on the minor Plaintiff’s behalf is:1
4
_______________________________________________________________________
5
D. City:
6
7 _______________________________________________________________________
8 E. State:
9 _______________________________________________________________________
10
F. Any phone number(s) that may have been used by Plaintiff User to create an account on a
11
Defendant’s platform:
12
_______________________________________________________________________
13
G. Any email address(es) that may have been used by Plaintiff User to create an account on a
14
15 Defendant’s platform:
16 _______________________________________________________________________
17 H. Known account username(s) used by Plaintiff User on Defendants’ platforms:
18
Facebook account URL link(s) used:
19
__________________________________________________________________
20
Instagram account username(s) (handles) and/or URL link(s) used:
21
22 __________________________________________________________________
23 YouTube account username(s) used:
24 __________________________________________________________________
25
26
27
1
To the extent the Court has appointed a guardian ad litem to represent the Plaintiff in this action at the time this
28 form is transmitted, Plaintiff will attach the Court’s order to this form.
PLAINTIFF USER ACCOUNT PRESERVATION FORM 2
1 Snapchat account username(s) used:
2
__________________________________________________________________
3
TikTok account username(s) used:
4
__________________________________________________________________
5
6 Other:
7 __________________________________________________________________
8 I. Other identifying information that Plaintiff User wishes to provide that Defendants may be able
9 to use to identify a Plaintiff User’s account(s):
10
_______________________________________________________________________
11
_______________________________________________________________________
12
J. To the extent Plaintiff User’s claims are predicated on use of any Defendant’s platform via an
13
account opened and used primarily by a user other than the Plaintiff User, the full legal name of
14 the third party.
15 _______________________________________________________________________
16 _______________________________________________________________________
17
K. To the extent Plaintiff identifies any third party in response to Question J, identify:
18
19 Third-party name Defendant All known Relationship of Estimated time
platform accessed account Plaintiff to third- period(s) during
20 identifying party account which Plaintiff
21 information (e.g., holder used the third-
email address, party account
22 phone number,
URL, username or
23 “handle”)
24
25
26
27
28
PLAINTIFF USER ACCOUNT PRESERVATION FORM 3
1 L. For preservation of third-party account(s) alleged to have been engaged in specific user-directed
misconduct, identify:
2
3
Name of the third-party All known account Platform on which the Known (or
4 bad actor identifying information alleged misconduct approximate) date(s) of
occurred alleged misconduct
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLAINTIFF USER ACCOUNT PRESERVATION FORM 4
Exhibit B
1
2
3
4
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
10
JUDICIAL COUNCIL COORDINATION
11 COORDINATION PROCEEDING SPECIAL PROCEEDING NO. 5255
12 TITLE [RULE 3.400] For Filing Purposes: 22STCV21355
13 Judge: Hon. Carolyn B. Kuhl
SSC-12
14 SOCIAL MEDIA CASES
USER ACCOUNT IDENTIFICATION
15 _____________________________________ FORM
16 THIS DOCUMENT RELATES TO:
17 ALL ACTIONS
18 (Christina Arlington Smith, et al., v. TikTok
Inc., et al., Case No. 22STCV21355)
19
This User Account Identification Form (“Account Identification Form”) is to be completed by
20
Defendants in response to a completed Plaintiff User Account Preservation Form (“Preservation Form”).
21
The information Plaintiff provided in the Preservation Form should be considered in completing this
22
Account Identification Form. In completing this Account Identification Form, the Defendant must
23
provide information that is true and correct to the best of its knowledge based upon its reasonable
24
investigation, including by review of documents or materials in its or its attorneys’ custody or
25
possession. If the requested information does not apply to a Defendant, the Defendant may answer,
26
“N/A.” If the requested information is not obtainable, the Defendant may answer “unknown.” The
27
28
1
1 information is Confidential pursuant to the Protective Order that has been or will be entered by the
2 Court.
3
4 This Account Identification Form pertains to the following Plaintiff User:
5 Plaintiff Name:
6 Date that this Account Identification Form was completed:
7 Defendant:
8
A. User accounts identified by Plaintiff in the Preservation Form.
9
Username
10
11
12 B. Users accounts that Defendant has reason to believe are or were used by Plaintiff and
not identified by Plaintiff in the Preservation Form (to the extent information categories
13 are applicable to Defendant):
14
• Username:
15
• Name Associated with Account:
16
• Associated Email Address(es):
17
• Associated Phone Number(s):
18
• Account Creation Date:
19
• Account Deletion Date:
20
• Last Login Date:
21
22
23
24
25
26
27
28
2
Exhibit C
1
2
3
4
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
10
JUDICIAL COUNCIL COORDINATION
11 COORDINATION PROCEEDING SPECIAL PROCEEDING NO. 5255
12 TITLE [RULE 3.400] For Filing Purposes: 22STCV21355
13 Judge: Hon. Carolyn B. Kuhl
SSC-12
14 SOCIAL MEDIA CASES
USER ACCOUNT CONFIRMATION AND
15 _____________________________________ CONSENT FORM FOR [PLATFORM]
16 THIS DOCUMENT RELATES TO:
17 ALL ACTIONS
18 (Christina Arlington Smith, et al., v. TikTok
Inc., et al., Case No. 22STCV21355)
19
The Plaintiff User named below (and, if the Plaintiff User is a minor or is deceased, the parent or
20
legal guardian of the Plaintiff User) submits this form pursuant to the User Account Information Order
21
entered in this action.
22
A. Plaintiff User. This form pertains to __________________, who alleges that they were
23
injured by their use of [Defendant]’s platforms.
24
B. Confirmation of Accounts. By completing this Form, the Plaintiff User confirms that: (i)
25
the accounts for which “Yes” is selected in the “Registered to Plaintiff User?” column are accounts for
26
which the Plaintiff User is the registered account holder, (ii) the accounts for which “No” is selected in
27
the “Account is Accessible?” column are accounts registered to the Plaintiff User and are inaccessible to
28
1
1 the Plaintiff User notwithstanding reasonable and good-faith efforts to regain access, and (iii) the
2 accounts for which “Yes” is not selected in the “Registered to Plaintiff User?” column are accounts not
3 registered to the Plaintiff User.
4
5 Username Registered to Plaintiff Account is Accessible?
6 [Imported from Account List] User? [Yes, No]
7 [Yes, No]
8
9
10 C. Consent to Disclose Account Contents – Plaintiff User Is Not Deceased. If Plaintiff User
11 answered “No” to “Account is Accessible?” for any Username listed above, and Plaintiff User not
12 deceased, Plaintiff User must complete and sign the following to consent to the disclosure of the
13 contents of Plaintiff’s User Account.
14 I, _________________________, am the registered account holder of the accounts, listed by
15 username, for which I selected “Yes” in the “Registered to Plaintiff User?” column and “No” in the
16 “Account Accessible?” column in the table above. I have reviewed all information, including basic
17 subscriber information, regarding each of these accounts provided in the User Account Identification
18 Form and I have a good-faith belief that I am the registered account holder for all accounts so-identified
19 herein.
20 I have made reasonable and good-faith efforts to regain access to all such accounts using the
21 processes [Defendant] makes available to users to do so but have not regained access. If I have
22 forgotten my password and have access to the email address(es) that could be used to reset my
23 password, I have attempted to reset my password. I expressly and voluntarily consent to [Defendant]’s
24 disclosure of the data and information associated with those accounts in its public account data
25 download tool, or substantially similar tools, to counsel for Defendants and counsel for the Plaintiff User
26 in the above-captioned litigation. I agree that this consent form satisfies 18 U.S.C. § 2702(b)(3), which
27 authorizes Defendants to divulge the contents of communications with the lawful consent of the
28 originator or addressee or intended recipient of such communications.
2
1
I, ___________________________, affirm that the foregoing is true and correct. Executed on
2
_____________.
3
4
By:
5
Plaintiff User
6
D. Consent of Parent or Guardian to Disclose Account Contents – Plaintiff User is
7
Deceased. If Plaintiff User is deceased and Plaintiff User’s parent or guardian answered “No” to
8
“Account is Accessible” for any username listed above, a parent or legal guardian must complete and
9
sign the following to consent to the disclosure of the contents of the user account associated with that
10
username.
11
I, _________________________, am the parent or legal guardian of the Plaintiff User named
12
above. I expressly and voluntarily consent to [Defendant]’s disclosure of t
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1 PANISH | SHEA | BOYLE | RAVIPUDI LLP BRIAN J. PANISH, State Bar No. 116060 2 bpanish@psbr.law RAHUL RAVIPUDI, State Bar No. 204519 3 rravipudi@psbr.law JESSE CREED, State Bar No. 272595 4 jcreed@psbr.law 11111 Santa Monica Boulevard, Suite 700 5 Los Angeles, California 90025 Telephone: 310.477.1700 6 Facsimile: 310.477.1699 7 MORGAN & MORGAN EMILY C. JEFFCOTT (admitted pro hac vice) 8 ejeffcott@forthepeople.com 633 West Fifth Street, Suite 2652, 9 Los Angeles, CA 90071 10 Tel: (213) 787-8590 Fax: (213) 418-3983 11 BEASLEY ALLEN 12 JOSEPH VANZANDT (admitted pro hac vice) Beverly Hills, California KIESEL LAW LLP joseph.vanzandt@beasleyallen.com 13 234 Commerce Street Attorneys at Law Montgomery, AL 36103 14 Tel: (334)269-2343 15 Co-Lead and Co-Liaison Counsel for Plaintiffs 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 18 19 COORDINATION PROCEEDING JUDICIAL COUNCIL COORDINATION SPECIAL TITLE [RULE 3.400] PROCEEDING NO. 5255 20 SOCIAL MEDIA CASES Lead Case No. For Filing Purposes: 21 _____________________________________ 22STCV21355 22 THIS DOCUMENT RELATES TO: [PROPOSED] USER ACCOUNT 23 ALL PERSONAL INJURY CASES INFORMATION ORDER 24 Judge: Hon. Carolyn B. Kuhl 25 (CHRISTINA ARLINGTON SMITH, ET AL., SSC-12 V. TIKTOK INC., ET AL., CASE NO. 26 22STCV21355 27 28 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 I. Purpose 2 In this coordinated litigation, individual plaintiffs may not be able to recall or access their user 3 accounts associated with Defendants’ platforms. To address this issue, the Court has approved the 4 following Procedure as detailed herein in Section IV: 5 A. Each Plaintiff will submit to Defendants a Plaintiff User Account Preservation 6 Form (“Preservation Form”) that contains identifying information that Defendants may use 7 to assist in efforts to identify and preserve a Plaintiff’s User Accounts; 8 B. Each Defendant will submit a User Account Identification Form (“Account 9 Identification Form”) to each Plaintiff that submits a Preservation Form that contains 10 certain basic subscriber information1 about user accounts that the Defendant has reason to 11 believe are or were registered to the Plaintiff based on the Defendant’s reasonable 12 investigation in this action (including the information provided by the Plaintiff in the Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 Preservation Form); 14 C. Thereafter, each Plaintiff will submit to each Defendant a signed Plaintiff User 15 Account Confirmation and Consent Form (“Account Confirmation Form”) that (1) 16 confirms whether the User Accounts identified by the Defendant in the Account 17 Identification Form are registered to Plaintiff and (2) consents under the Stored 18 Communications Act for the Defendant to disclose user account information for those 19 inaccessible User Accounts for which Plaintiffs have confirmed registration; and 20 D. For those inaccessible User Accounts for which Plaintiff has consented to disclosure, 21 the applicable Defendant will submit to the Plaintiff a User Account Data Download to facilitate 22 Plaintiffs’ completion of the Plaintiff Fact Sheet. Nothing in this Order shall affect the Parties’ 23 preservation or discovery obligations. This Order 24 1 25 If a Defendant has reason to believe that they are restricted or prohibited from providing information with respect to any particular Plaintiff in accordance with this Order under applicable 26 law, including international law such as, for example, the European Union General Data Protection Regulation, that Defendant shall meet and confer with counsel for the particular 27 Plaintiff. If the issue cannot be resolved informally, the parties may raise it for consideration by 28 the Court through a joint posting to Case Anywhere 2 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 shall not provide Plaintiffs a basis to conduct discovery into any issue or process it 2 addresses. 3 II. Definitions 4 A. “User” means a Plaintiff who alleges that they were injured by their use of 5 Defendants’ platforms. 6 B. “User Account” means an account registered to a User on one of Defendants’ 7 platforms. For clarity, an account is not a User Account under this Order merely because a 8 Plaintiff has accessed the account without it being registered to the Plaintiff. 9 C. “User Account Data Download” means a download of information associated with 10 a User Account substantially similar to those available using the public tools provided by each 11 Defendant for this purpose: 12 1. Facebook: Download Your Information (available at Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 https://www.facebook.com/help/212802592074644) 14 2. Instagram: Download Your Information (available at 15 https://help.instagram.com/181231772500920) 16 3. Google/YouTube: Takeout for YouTube and YouTube Music (“All YouTube data 17 included” option) (available at http://takeout.google.com) 18 4. TikTok: Requesting your data (available at https://support.tiktok.com/en/account- 19 and-privacy/personalized-ads-and-data/requesting-your-data) 20 5. Snapchat: Download My Data (available at 21 https://accounts.snapchat.com/accounts/downloadmydata) 22 III. Data Management 23 The Parties have agreed to utilize the online “MDL Centrality” platform designed and provided 24 by BrownGreer PLC and accessible at MDLCentrality.com to complete and serve the Preservation 25 Form, Account Identification Form, and Account Confirmation Form. 26 IV. Procedure 27 A. Account Confirmation and Consent by Plaintiffs: 28 3 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 1. Preservation Forms Provided by Plaintiffs: Each Plaintiff shall 2 provide to 2 Defendants information to facilitate the preservation of Plaintiff user 3 accounts in the Preservation Form, which was filed with the Court on May 4 12, 2023. This Preservation Form is attached as Exhibit A. 5 a) Method of Providing Preservation Forms: Preservation Forms shall be 6 submitted to Defendants using MDL Centrality. 7 b) Timing of Preservation Forms: Each Plaintiff shall submit a Preservation 8 Form completed to the best of their ability on MDL Centrality on the same 9 day the Plaintiff files a Short-Form Complaint. For any plaintiff who has 10 already filed a Short-Form Complaint, a Preservation Form shall be filed 11 within 30 days of entry of this Order. Nothing in this Order prevents 12 Plaintiffs from submitting to Defendants a Preservation Form at an earlier Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 date, and Plaintiffs have the option to submit to Defendants a Preservation 14 Form on MDL Centrality prior to filing a case. 15 c) Duty to Correct and Supplement: If a Plaintiff or their counsel learns that 16 information provided in the Preservation Form is inaccurate or incomplete, 17 they must promptly amend the Preservation Form and name it accordingly 18 (“First Amended Preservation Form,” “Second Amended Preservation 19 Form,” etc.). 20 2. Account Identification Forms Provided by Defendants: Each Defendant shall 21 submit to each Plaintiff an Account Identification Form that provides certain basic 22 subscriber information for user accounts that the Defendant has reason to believe 23 are or were registered to that Plaintiff. The information provided in the Account 24 Identification Form, which is attached as Exhibit B, is to assist a Plaintiff in 25 26 2 For any Plaintiff who has 26. If a Plaintiff fails to provide a Preservation Form, Defendants have no obligation to comply with the remaining provisions of this Order. Defendants reserve their right 27 to seek other relief in the event a Plaintiff fails to provide a Preservation Form as required by this 28 Order. 4 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 determining whether an identified user account is registered to Plaintiff. For 2 purposes of this Order, a Defendant “has reason to believe” an account was 3 registered to a Plaintiff if Defendant has identified that account as potentially 4 associated with a Plaintiff using the Defendant’s individual process for identifying 5 accounts for purposes of this Action. 6 a) Method of Providing Account Identification Forms: Defendants shall 7 provide the Account Identification Forms to Plaintiffs using MDL 8 Centrality. BrownGreer PLC shall export the usernames in the Account 9 Identification Form to the “Username” column of the Account Confirmation 10 Form. 11 b) Timing of Providing Account Identification Form: Each Defendant shall 12 submit an Account Identification Form for each Plaintiff no later than 45 Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 days after filing of the Plaintiff’s Short-Form Complaint or Plaintiff’s 14 submission of the Preservation Form on MDL Centrality, whichever is later. 15 If a Plaintiff amends a Preservation Form, Defendants shall have 45 days 16 after submission of the amended Preservation Form on MDL Centrality or 17 filing of a Short-Form Complaint, whichever is later. If a Defendant 18 requires more time to complete this identification for a particular Plaintiff, a 19 Defendant may request a 15 day extension of the deadline to provide an 20 Account Identification Form from counsel for Plaintiff, who shall not 21 unreasonably withhold consent to a good faith request. 22 c) Duty to Correct and Supplement: If a Defendant or their counsel learns 23 that the information contained in the Account Identification Form is 24 inaccurate or incomplete regardless of whether the Preservation Form has 25 been amended by a Plaintiff, Defendants must promptly inform Plaintiff and 26 submit an amended Account Identification Form named accordingly (“First 27 Amended Account Identification Form,” “Second Amended Account 28 Identification Form,” etc.). If Plaintiff submits an Amended Preservation 5 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 Form that does not result in any corrections or additions to the Account 2 Identification Form, Defendants shall notify Plaintiff of such within the 3 timeframe identified in section 4(A)(2)(b). 4 3. Account Confirmation Form Provided by Plaintiffs: Each Plaintiff shall submit to 5 each Defendant a signed Account Confirmation Form, attached as Exhibit C, that 6 identifies which user accounts are registered to Plaintiff, and which user accounts 7 (if any) registered to Plaintiff are inaccessible despite Plaintiff’s good faith and 8 reasonable efforts. A user account is “inaccessible” under this Order and for 9 purposes of the Account Confirmation Form if a Plaintiff is unable to access it 10 and is unable to regain access by using the processes each Defendant makes 11 publicly available to users to regain access to their accounts. Before identifying a 12 User Account as inaccessible, a Plaintiff must make reasonable and good-faith Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 efforts to regain access to the account using the processes each Defendant makes 14 publicly available to users to do so, and using the information provided by 15 Defendants through User Account Identification Forms, where applicable. By 16 way of example and not limitation, if a Plaintiff has forgotten the password to an 17 account but retains access to the email address used to register the account, they 18 must attempt to reset their password using that email address. 19 a) Method of Providing Account Confirmation Form: Plaintiffs shall complete 20 and submit the User Account Confirmation Forms using MDL Centrality. 21 b) Timing of Providing Account Confirmation Form: Each Plaintiff shall 22 submit an Account Confirmation and Consent Form for each Plaintiff 23 within 30 days of receiving a User Account Identification Form or 24 amendment thereto from Defendants on MDL Centrality. 25 c) Duty to Correct and Supplement: If a Plaintiff or their counsel learns that 26 information provided on the Account Form is inaccurate or incomplete, they 27 must promptly inform Defendants and submit a corrected Account 28 Confirmation Form. If a Plaintiff or their counsel learns that an account that 6 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 they believed was registered to them on the Account Confirmation Form is 2 not actually registered to them, they shall inform Defendants and 3 immediately delete the User Account Data Download provided to them for 4 that account and any copies thereof or work product derived therefrom. 5 B. Account Review by Defendants: After receiving a completed and signed Account 6 Confirmation Form or amendment thereto as provided for in Section III.A.3, each Defendant 7 shall undertake the following steps: 8 1. For accounts not identified as registered to a Plaintiff on the Account 9 Confirmation Form, Defendants need not take further action under this 10 Order. 11 2. For User Accounts that a Plaintiff identifies on the Account Confirmation 12 Form as registered to and accessible by that Plaintiff, Defendants need not Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 take further action under this Order. 14 3. For User Accounts that a Plaintiff identifies on the Account Confirmation 15 Form as registered to and inaccessible to that Plaintiff, Defendants shall 16 undertake the process described in Section III.C. 17 C. Provision of User Account Data Downloads: For each User Account identified in 18 the Account Confirmation Form or amendment thereto as inaccessible as defined in 19 Section III.A.3, the Defendant on whose platform the inaccessible account is 20 located will, within 30 days of receiving a completed Account Confirmation Form 21 from a Plaintiff, provide to that Plaintiff a User Account Data Download, if any, for 22 each User Account associated with the usernames identified under Section III.B.3. 23 If a Defendant requires more time to complete this process for a particular Plaintiff, 24 Defendant may request a 15 day extension of the deadline to provide a User 25 Account Data Download from counsel for Plaintiff, who shall not unreasonably 26 withhold consent to a good-faith request.3 27 3 28 3If a Defendant objects to the sufficiency or accuracy of the information provided for any user 7 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 1. Each Defendant may (in its sole discretion) send an email to the email 2 address(es) associated in its systems with the accounts defined in Section III.A.3 3 stating that a plaintiff in litigation has claimed they are the registered 4 accountholder, that a download of data from the account will be provided to that 5 plaintiff, and providing an opportunity for the holder of the email address(es) to 6 object and state that the account is not registered to any plaintiff in litigation. If a 7 Defendant receives, within seven days of sending the email, such a response, the 8 Defendant shall inform Plaintiff and shall not be obligated to provide the User 9 Account Data Download for that account to Plaintiff. 10 2. Method of Providing Download: Defendants may provide this User account 11 Data Download or another means of reasonably accessing the account data to a Plaintiff in the 12 form of a link, secure file transfer, or other electronic means permitting the Plaintiff to retrieve a file Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 containing the download using the link. The link, secure file transfer, or other electronic means need 14 not remain operative for longer than 60 days from when it is provided to a Plaintiff. For clarity, 15 Defendants are not required to produce User Account Data Downloads to Plaintiffs using the processes 16 or specifications appropriate for producing documents in formal discovery. If technologically feasible, 17 the download file, link, or other method of providing the User Account Data Download shall be provided 18 by Defendants to Plaintiffs through MDL Centrality. 19 3. Consent as Required by Stored Communications Act: 20 a) Defendants shall not be required to provide a User Account Data 21 Download unless the User and, if the user is a minor, a parent or legal 22 guardian, has provided consent through the Account Confirmation Form 23 under the Stored Communications Act, 18 U.S.C. § 2702(b)(3), for 24 Defendants to divulge the contents of the User Account Data Downloads to 25 counsel for Defendants and Plaintiffs for purposes of this Action. By 26 account in the Account Confirmation and Consent Form, that Defendant will meet and confer with 27 counsel for the particular Plaintiff. If the issue cannot be resolved informally, the parties may raise 28 it for consideration by the Court through a joint posting to Case Anywhere. 8 [PROPOSED] USER ACCOUNT INFORMATION ORDER 1 executing the Account Confirmation Form, a Plaintiff and, if the user is a 2 minor, a parent or legal guardian, consents to the disclosure of their data 3 within the meaning of the Stored Communications Act, 18 U.S.C. § 4 2702(b)(3). A Defendant’s disclosure of User Account Data Download to a 5 Plaintiff pursuant to the terms of this Order is a disclosure compelled by this 6 Order, on which Defendants rely in good faith. 7 b) The Court expressly finds that the process outlined in this order 8 satisfies the consent requirement of the Stored Communications Act and 9 that any User Account Data Download provided by a Defendant pursuant to 10 the process set forth in this Order is made “with the lawful consent of the 11 originator or an addressee or intended recipient of such communication” 12 pursuant to § 2702(b)(3).4 Beverly Hills, California KIESEL LAW LLP Attorneys at Law 13 14 15 IT IS SO ORDERED. 16 17 18 19 DATED: Hon. Carolyn B. Kuhl 20 21 22 23 24 25 26 27 4 The parties disagree about whether Defendants qualify as service providers under the Stored 28 Communications Act. This order is not intended to resolve that dispute. 9 [PROPOSED] USER ACCOUNT INFORMATION ORDER Exhibit A 1 2 SUPERIOR COURT OF THE STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 4 JUDICIAL COUNCIL COORDINATION 5 COORDINATION PROCEEDING SPECIAL PROCEEDING NO. 5255 6 TITLE [RULE 3.400] For Filing Purposes: 22STCV21355 7 Judge: Hon. Carolyn B. Kuhl 8 SOCIAL MEDIA CASES SSC-12 9 _____________________________________ PLAINTIFF USER ACCOUNT 10 THIS DOCUMENT RELATES TO: PRESERVATION FORM 11 __________________ 12 13 14 The Plaintiff User named below submits this Plaintiff User Account Preservation Form, by and 15 through the undersigned counsel, after reasonable investigation. This information is Confidential pursuant 16 to the Protective Order that has been or will be entered by the Court and is being provided solely for 17 preservation purposes. 18 A. Plaintiff User’s full name: 19 20 _______________________________________________________________________ 21 B. Date of birth: 22 _______________________________________________________________________ 23 24 25 26 27 28 PLAINTIFF USER ACCOUNT PRESERVATION FORM 1 1 C. For any Plaintiff User who is a minor, the full name of the Plaintiff’s legal representative or 2 guardian ad litem (“Representative”) with authority to consent to the preservation of information 3 and to receive information on the minor Plaintiff’s behalf is:1 4 _______________________________________________________________________ 5 D. City: 6 7 _______________________________________________________________________ 8 E. State: 9 _______________________________________________________________________ 10 F. Any phone number(s) that may have been used by Plaintiff User to create an account on a 11 Defendant’s platform: 12 _______________________________________________________________________ 13 G. Any email address(es) that may have been used by Plaintiff User to create an account on a 14 15 Defendant’s platform: 16 _______________________________________________________________________ 17 H. Known account username(s) used by Plaintiff User on Defendants’ platforms: 18 Facebook account URL link(s) used: 19 __________________________________________________________________ 20 Instagram account username(s) (handles) and/or URL link(s) used: 21 22 __________________________________________________________________ 23 YouTube account username(s) used: 24 __________________________________________________________________ 25 26 27 1 To the extent the Court has appointed a guardian ad litem to represent the Plaintiff in this action at the time this 28 form is transmitted, Plaintiff will attach the Court’s order to this form. PLAINTIFF USER ACCOUNT PRESERVATION FORM 2 1 Snapchat account username(s) used: 2 __________________________________________________________________ 3 TikTok account username(s) used: 4 __________________________________________________________________ 5 6 Other: 7 __________________________________________________________________ 8 I. Other identifying information that Plaintiff User wishes to provide that Defendants may be able 9 to use to identify a Plaintiff User’s account(s): 10 _______________________________________________________________________ 11 _______________________________________________________________________ 12 J. To the extent Plaintiff User’s claims are predicated on use of any Defendant’s platform via an 13 account opened and used primarily by a user other than the Plaintiff User, the full legal name of 14 the third party. 15 _______________________________________________________________________ 16 _______________________________________________________________________ 17 K. To the extent Plaintiff identifies any third party in response to Question J, identify: 18 19 Third-party name Defendant All known Relationship of Estimated time platform accessed account Plaintiff to third- period(s) during 20 identifying party account which Plaintiff 21 information (e.g., holder used the third- email address, party account 22 phone number, URL, username or 23 “handle”) 24 25 26 27 28 PLAINTIFF USER ACCOUNT PRESERVATION FORM 3 1 L. For preservation of third-party account(s) alleged to have been engaged in specific user-directed misconduct, identify: 2 3 Name of the third-party All known account Platform on which the Known (or 4 bad actor identifying information alleged misconduct approximate) date(s) of occurred alleged misconduct 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF USER ACCOUNT PRESERVATION FORM 4 Exhibit B 1 2 3 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 10 JUDICIAL COUNCIL COORDINATION 11 COORDINATION PROCEEDING SPECIAL PROCEEDING NO. 5255 12 TITLE [RULE 3.400] For Filing Purposes: 22STCV21355 13 Judge: Hon. Carolyn B. Kuhl SSC-12 14 SOCIAL MEDIA CASES USER ACCOUNT IDENTIFICATION 15 _____________________________________ FORM 16 THIS DOCUMENT RELATES TO: 17 ALL ACTIONS 18 (Christina Arlington Smith, et al., v. TikTok Inc., et al., Case No. 22STCV21355) 19 This User Account Identification Form (“Account Identification Form”) is to be completed by 20 Defendants in response to a completed Plaintiff User Account Preservation Form (“Preservation Form”). 21 The information Plaintiff provided in the Preservation Form should be considered in completing this 22 Account Identification Form. In completing this Account Identification Form, the Defendant must 23 provide information that is true and correct to the best of its knowledge based upon its reasonable 24 investigation, including by review of documents or materials in its or its attorneys’ custody or 25 possession. If the requested information does not apply to a Defendant, the Defendant may answer, 26 “N/A.” If the requested information is not obtainable, the Defendant may answer “unknown.” The 27 28 1 1 information is Confidential pursuant to the Protective Order that has been or will be entered by the 2 Court. 3 4 This Account Identification Form pertains to the following Plaintiff User: 5 Plaintiff Name: 6 Date that this Account Identification Form was completed: 7 Defendant: 8 A. User accounts identified by Plaintiff in the Preservation Form. 9 Username 10 11 12 B. Users accounts that Defendant has reason to believe are or were used by Plaintiff and not identified by Plaintiff in the Preservation Form (to the extent information categories 13 are applicable to Defendant): 14 • Username: 15 • Name Associated with Account: 16 • Associated Email Address(es): 17 • Associated Phone Number(s): 18 • Account Creation Date: 19 • Account Deletion Date: 20 • Last Login Date: 21 22 23 24 25 26 27 28 2 Exhibit C 1 2 3 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES, CENTRAL DISTRICT 10 JUDICIAL COUNCIL COORDINATION 11 COORDINATION PROCEEDING SPECIAL PROCEEDING NO. 5255 12 TITLE [RULE 3.400] For Filing Purposes: 22STCV21355 13 Judge: Hon. Carolyn B. Kuhl SSC-12 14 SOCIAL MEDIA CASES USER ACCOUNT CONFIRMATION AND 15 _____________________________________ CONSENT FORM FOR [PLATFORM] 16 THIS DOCUMENT RELATES TO: 17 ALL ACTIONS 18 (Christina Arlington Smith, et al., v. TikTok Inc., et al., Case No. 22STCV21355) 19 The Plaintiff User named below (and, if the Plaintiff User is a minor or is deceased, the parent or 20 legal guardian of the Plaintiff User) submits this form pursuant to the User Account Information Order 21 entered in this action. 22 A. Plaintiff User. This form pertains to __________________, who alleges that they were 23 injured by their use of [Defendant]’s platforms. 24 B. Confirmation of Accounts. By completing this Form, the Plaintiff User confirms that: (i) 25 the accounts for which “Yes” is selected in the “Registered to Plaintiff User?” column are accounts for 26 which the Plaintiff User is the registered account holder, (ii) the accounts for which “No” is selected in 27 the “Account is Accessible?” column are accounts registered to the Plaintiff User and are inaccessible to 28 1 1 the Plaintiff User notwithstanding reasonable and good-faith efforts to regain access, and (iii) the 2 accounts for which “Yes” is not selected in the “Registered to Plaintiff User?” column are accounts not 3 registered to the Plaintiff User. 4 5 Username Registered to Plaintiff Account is Accessible? 6 [Imported from Account List] User? [Yes, No] 7 [Yes, No] 8 9 10 C. Consent to Disclose Account Contents – Plaintiff User Is Not Deceased. If Plaintiff User 11 answered “No” to “Account is Accessible?” for any Username listed above, and Plaintiff User not 12 deceased, Plaintiff User must complete and sign the following to consent to the disclosure of the 13 contents of Plaintiff’s User Account. 14 I, _________________________, am the registered account holder of the accounts, listed by 15 username, for which I selected “Yes” in the “Registered to Plaintiff User?” column and “No” in the 16 “Account Accessible?” column in the table above. I have reviewed all information, including basic 17 subscriber information, regarding each of these accounts provided in the User Account Identification 18 Form and I have a good-faith belief that I am the registered account holder for all accounts so-identified 19 herein. 20 I have made reasonable and good-faith efforts to regain access to all such accounts using the 21 processes [Defendant] makes available to users to do so but have not regained access. If I have 22 forgotten my password and have access to the email address(es) that could be used to reset my 23 password, I have attempted to reset my password. I expressly and voluntarily consent to [Defendant]’s 24 disclosure of the data and information associated with those accounts in its public account data 25 download tool, or substantially similar tools, to counsel for Defendants and counsel for the Plaintiff User 26 in the above-captioned litigation. I agree that this consent form satisfies 18 U.S.C. § 2702(b)(3), which 27 authorizes Defendants to divulge the contents of communications with the lawful consent of the 28 originator or addressee or intended recipient of such communications. 2 1 I, ___________________________, affirm that the foregoing is true and correct. Executed on 2 _____________. 3 4 By: 5 Plaintiff User 6 D. Consent of Parent or Guardian to Disclose Account Contents – Plaintiff User is 7 Deceased. If Plaintiff User is deceased and Plaintiff User’s parent or guardian answered “No” to 8 “Account is Accessible” for any username listed above, a parent or legal guardian must complete and 9 sign the following to consent to the disclosure of the contents of the user account associated with that 10 username. 11 I, _________________________, am the parent or legal guardian of the Plaintiff User named 12 above. I expressly and voluntarily consent to [Defendant]’s disclosure of t