BURSOR FISHER, P.A. Scott A. Bursor (State Bar No. 276006)

Case 2:14-cv-00160-MCE-AC Document 190-3 Filed 09/19/18 Page 1 of 50

1 BURSOR & FISHER, P.A.

2

Scott A. Bursor (State Bar No. 276006) L. Timothy Fisher (State Bar No. 191626)

3 Thomas A. Reyda (State Bar No. 312632) 1990 North California Blvd., Suite 940

4 Walnut Creek, CA 94596

Telephone: (925) 300-4455 5 Facsimile: (925) 407-2700

6 E-Mail: scott@ ltfisher@bursor. com

7

treyda@bursor. com

8 Class Counsel 9

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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14 YESENIA MELGAR, on Behalf of Herself and Case No.2: 14~cv-00160-MVE-AC All Others Similarly Situated,

15

Ron. Morrison C. England, Jr.

Plaintiff,

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DECLARATION OF TINA

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v.

CHIANGO REGARDING NOTICE TO THE CLASS

18 ZICAM LLC and MATRIXX INITIATIVES,

INC. 19

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Defendants.

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24

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DECLARATION OF TINA CHIANGO, SETTLEMENT ADMINISTRATOR

Case 2:14-cv-00160-MCE-AC Document 190-3 Filed 09/19/18 Page 2 of 50

1 I, Tina Chiango, hereby declare and state as follows:

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1. I am the Director of Claims Administration for RG/2 Claims Administration

3 LLC ("RG/2"), whose address is 30 South 17th Street, Philadelphia, PA 19103. I am over the

4 age of 18, have personal knowledge of the matters set forth herein, and if called upon to do so,

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6 could testify competently to them.

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2. RG/2 is a full-service class action settlement administrator offering notice,

8 claims processing, allocation, distribution, tax reporting, and class action settlement consulting

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services. RG/2's experience includes the provision of notice and administration services for 10

11 settlements arising from antitrust, consumer fraud, civil rights, employment, negligent

12 disclosure, and securities fraud allegations. Since 2000, RG/2 has administered and distributed

13 in excess of $1.2 billion in class action settlement proceeds.

14 3. As approved in the Court's Preliminary Approval Order dated June 5, 2018, the

15 Parties agreed to have RG/2 be responsible for: creating a website with an online claims portal;

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17 mailing/emailing Notices; publication of Notice; creating and undertaking a Media Plan;

18 processing Claims, Opt Out letters and objections; corresponding with Claimants; making all

19 payments to Claimants from the settlement; all required tax reporting and withholding; and

20 communicating the information regarding status of claims and payment to the Parties' counsel.

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22 Subsequent to this Order, RG/2 has performed the services detailed below.

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4. The website, , was updated by RG/2 and the

24 changes went live on July 2, 2018. The website includes the following:

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a. The "Homepage" contains a brief summary of the Settlement and

26 advises potential Class Members of their rights under the Settlement;

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b. The "Notice" page contains a pdf copy of the Court-Ordered Notice;

DECLARATION OF TINA CHIANGO, SETTLEMENT ADMINISTRATOR

Case 2:14-cv-00160-MCE-AC Document 190-3 Filed 09/19/18 Page 3 of 50

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c. The "En Espaftol" page contains a pdf of the Notice and Claim Form in

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Spanish.

3 d. The "File a Claim" page contains a pdf of the Claim Form in English

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and Spanish, as well as a link to the Claims online filing portal;

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e. The "Court Documents" page contains: the Plaintiffs First Amended

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Complaint; Defendants' Answer to the First Amended Complaint; the

8 Class Certification and Summary Judgment Order; the Second Amended

9 Complaint; the Stipulation of Settlement; the Motion for Preliminary

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Approval; and the Preliminary Approval Order. Additional documents

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will be added as requested;

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f. The "FAQs" page contains the questions and answers that were part of

14 the Notice;

15 g. The "Contact" page contains the contact information of the Claims

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Administrator.

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5. On June 13, 2018, RG/2 received a .cvs file from Defense Counsel, Kirkland &

19 Ellis LLP, containing a list of contact information from their client, Zicam. RG/2 uploaded

20 this file, which contained emails and/or mailing addresses for 159,612 potential Class

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22 Members, and combined the file with the previous mailing file containing contact information

23 for 18,037 potential Class Members, which was used for the postcard mailing in March 2017.

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6. RG/2 culled through the combined mailing file of 177,649 and removed 13,725

25 as exact duplicates. The remaining balance of 163,924 potential Class Members was then

26 imported into our mailing database.

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2 DECLARATION OF TINA CHIANGO, SETTLEMENT ADMINISTRATOR

Case 2:14-cv-00160-MCE-AC Document 190-3 Filed 09/19/18 Page 4 of 50

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7. On July 5, 2018, RG/2 arranged for the Short Form Notice to be emailed to

2 161,058 potential Class Members. Each email provided a personalized PIN for the Class

3 Member to use if they would be filing a claim through claims portal. A non-personalized copy

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of the emailed Short Form Notice is attached hereto as Exhibit A. 5

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8. Also, on July 5, 2018, RG/2 arranged for the Short Form Notice to be mailed

7 via first-class mail to the 3,066 potential Class Members for which RG/2 was provided a

8 mailing address. 1 The mailed Short Form Notice also contained a personalized PIN for the 9

Class Member to use if they opted to file a claim through the claims portal. A non10

11 personalized copy of the mailed Short Form Notice is attached hereto as Exhibit B.

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9. The Short Form Notice was published in the Wall Street Journal on July 5,

13 2018. A copy of the published Short Form Notice is attached hereto as Exhibit C.

14 10. In addition, on July 5, 2018, RG/2 arranged for the launching of a 90-day media

15 campaign. The media plan consisted of:

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17 a) A Facebook campaign where potential Class Members could click on

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ads posted in Facebook and associated platforms, such as Instant 19

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Articles and Messenger. The clicked ad is linked to the case website;

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b) A banner ad campaign in which banner ads were created and appeared

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on various sites based on topics being searched. Class Members who

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saw the ads were able to click on the ad and be linked directly to the 24

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case website;

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27 1 The mailing database contained 200 potential Class Members with both an email address and a mailing address. RG/2 sent the Short Form Notice to these potential Class Members via

28 email as well as first class mail.

3 DECLARATION OF TINA CHIANGO, SETTLEMENT ADMINISTRATOR

Case 2:14-cv-00160-MCE-AC Document 190-3 Filed 09/19/18 Page 5 of 50

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c) A Google Adwords pay per click campaign in which various search

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words/phrases produced an ad in which Class Members could click and

3 be linked to the case website.

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11. On July 10, 2018, RG/2 arranged for the release of the Short Form Notice on PR

6 Web. A copy of the release is attached hereto as Exhibit D.

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12. RG/2 also arranged for the Short Form Notice to be published in the September

9 issues of Women's Health and Men's Health magazines. These magazines were available on

10 newsstands the week of August 6, 2018. Copies of the published Notices from both

11 magazines are attached hereto as Exhibit E.

12 13. The Short Form Notice advised Class Members of their right to exclude

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14 themselves from the Settlement, provided that their request be postmarked by October 3,

15 2018. To date, RG/2 has received seven (7) Requests for Exclusion from the Settlement. In

16 2017, RG/2 received six (6) Requests for Exclusion in response to the Class Certification

17 Notice. Copies of these thirteen (13) Requests for Exclusion are attached hereto as Exhibit F.

18 14. The Short Form Notice also advised Class Members of their right to object to

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20 the Settlement, provided that their objection be filed with the Court and Counsel representing

21 the Class and Zicam by October 3, 2018. To date, RG/2 has been made aware of one (1)

22 Objection filed. A copy of this Objection is attached hereto as Exhibit G.

23 15. Class Members have until October 3, 2018 to either submit a claim through the

24 25 claims portal or have their mailed Claim Form postmarked. To date, RG/2 has received

26 101,131 Claims. RG/2 will evaluate the claims filed and report to the Court the number of

27 eligible Class Members for payment. 28

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED

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DECLARATION OF TINA CHIANGO, SETTLEMENT ADMINISTRATOR

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