1 KAEMPFER CROWELL Robert McCoy, No. 9121 2 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 3 Telephone: (702) 792-7000 Facsimile: (702) 796-7181 4 Email: [email protected]

5 STROOCK & STROOCK & LAVAN LLP Julia B. Strickland (Pro HacVice) 6 Stephen J. Newman (Pro Hac Vice) Brian C. Frontino (Pro Hac Vice) 7 2029 Century Park East, Suite 1600 Los Angeles, California 90067 8 Telephone: (310) 556-5800 Facsimile: (310) 556-5959 9 Email: [email protected] Email: [email protected] 10 Email: [email protected]

11 Attorneys for Defendant Zappos.com, Inc. 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA

14 IN RE ZAPPOS SECURITY BREACH MDL: 2357 LITIGATION Case No. 3:12-cv-00325-RCJ-VPC 15 -----------------------------------------------

16 STIPULATION AND ORDER This document relates to: REGARDING EMAIL NOTICE TO 17 PROPOSED SETTLEMENT CLASS

ALL ACTIONS 18 19 WHEREAS, on September 19, 2019, the Court entered its Order preliminarily 20 approving a proposed class action settlement and directing notice to the proposed settlement 21 class; and 22 WHEREAS, on October 7, 2019, the Court entered an Order directing email 23 notice to the settlement class on October 15 and 16, 2019 (ECF No. 337); and 24 1 WHEREAS, the settlement administrator has commenced email notice pursuant 2 to the Court’s October 7 Order; and 3 WHEREAS, the settlement administrator now advises and recommends that, to 4 prevent class notice from being blocked by internet service providers or corporate anti-spam

5 filters, a reduced size of email distribution groups be employed, and that the distribution be 6 spread over a longer timeframe; and 7 WHEREAS, the settlement administrator believes that email notice distribution 8 probably can be completed by Saturday, October 19, 2019, but that it may be necessary for some 9 notices to be distributed on Sunday, October 20, 2019, and Monday, October 21, 2019; and 10 WHEREAS, proposed settlement class members receiving their notices on 11 October 21, 2019, will still have 39 days to object or opt out of the settlement before the 12 November 29, 2019 deadline; and 13 WHEREAS, appellate case law confirms that notice of 30 days or more complies 14 with Federal Rule of Civil Procedure 23 and due process. See e.g., In re Transpacific Passenger

15 Air Transportation Antitrust Litigation, 701 Fed. App’x 554, 555 (9th Cir. 2017) (settlement 16 provided sufficient notice to class members under Federal Rule of Civil Procedure 23 where 17 class members were notified of the opportunity to opt out or object to the settlement no later than 18 35 days before the final fairness hearing); Torrisi v. Tucson Elec. Power Co.,

, 1375 19 (9th Cir. 1993) (holding that timing of notice satisfied due process and Federal Rule of Civil 20 Procedure 23 where notice was mailed 31 days before the deadline for written objections and 45 21 days before final approval hearing). 22 The parties stipulate and agree as follows: 23 1. Email notice to the proposed settlement class shall be completed by

24 October 21, 2019; and 1 2. The settlement administrator shall organize the class notices into 2 || distribution groups as may be necessary to ensure proper delivery. 3 || O’MARA LAW FIRM, P.C. KAEMPFER CROWELL By_/s/ David C. O’ Mara By_/s/ Robert McCoy 5 David C. O’ Mara, No. 8599 Robert McCoy, No. 9121 311 East Liberty Street 1980 Festival Plaza Drive, Suite 650 6 Reno, Nevadad 89501 Las Vegas, Nevada 89135 7 |}BARNOW AND ASSOCIATES, P.C. STROOK & STROOK & LAVAN LLP Ben Barnow (pro hac vice) Julia B. Strickland (Pro Hac Vice) 8 || One North LaSalle Street, Suite 4600 Stephen J. Newman (Pro Hac Vice) Chicago, IL 60602 Brian C. Frontino (Pro Hac Vice) 9 2029 Century Park East, Suite 1600 THE COFFMAN LAW FIRM Los Angeles, California 90067 10 || Richard L. Coffman (pro hac vice) First City Building Attorneys for Defendant Zappos.com, Inc. 11 ||505 Orleans Street, Fifth Floor Beaumont, TX 77701 12 FINKELSTEIN, BLANKINSHIP, 13 || FREI-PEARSON & GARBER, LLP Jeremiah Frei-Pearson (pro hac vice) 14 ||445 Hamilton Avenue, Suite 605 White Plains, New York 10601 15 GLANCY PRONGAY & MURRAY LLP 16 || Mare L. Godino (pro hac vice) 1925 Century Park East, Suite 2100 17 || Los Angeles, California 90067 18 || Attorneys for Plaintiffs 19 ORDER 20 IT IS SO ORDERED. 21 . OBERT C. JONES 22 United States/District Judge 23 Dated:___ November 18, 2019 24 CROWELL Festival Plaza Drive Suite 650