Case 3:14-cv-03264-JD Document 1375 Filed 11/04/16 Page 1 of 6
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`Joseph W. Cotchett (36324)
`Steven N. Williams (175489)
`Adam J. Zapala (245748)
`Elizabeth Tran (280502)
`COTCHETT, PITRE & McCARTHY, LLP
`840 Malcolm Road, Suite 200
`Burlingame, CA 94010
`Telephone: (650) 697-6000
`Facsimile: (650) 697-0577
`jcotchett@cpmlegal.com
`swilliams@cpmlegal.com
`azapala@cpmlegal.com
`etran@cpmlegal.com
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`Interim Lead Counsel for Indirect Purchaser Plaintiffs
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`UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`IN RE CAPACITORS ANTITRUST
`LITIGATION
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`This Document Relates to:
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`Indirect Purchaser Actions
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`Case No. 3:14-cv-03264-JD
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`SUPPLEMENTAL DECLARATION OF
`LINDA V. YOUNG IN SUPPORT OF
`MOTION FOR PRELIMINARY APPROVAL
`OF CLASS ACTION SETTLEMENTS WITH
`DEFENDANTS NEC TOKIN CORP. AND
`NEC TOKIN AMERICA, INC. (“NEC”);
`OKAYA ELECTRIC INDUSTRIES CO.,
`LTD. (“OEI”); AND NITSUKO
`ELECTRONICS CORPORATION
`(“NITSUKO”)
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`Date: November 10, 2016
`Time: 10:00 am.
`Place: Courtroom 11, 19th Floor
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`I, Linda V. Young, hereby declare as follows:
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`1.
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`I am the Vice President, Media with A.B. Data, Ltd.’s Class Action Administration
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`Company (“A.B. Data”). I am fully familiar with the facts contained herein based upon my personal
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`knowledge. My address is 104 Grande Oaks Court, Simpsonville, SC 29681. My telephone
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`number is 414-961-6400.
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`2.
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`I submit this Supplemental Declaration (“Declaration”) at the request of Plaintiffs’
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`Counsel in this matter (the “Action”).
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`SUPPLEMENTAL DECLARATION OF LINDA V. YOUNG – MOTION FOR PRELIMINARY APPROVAL
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`Case 3:14-cv-03264-JD Document 1375 Filed 11/04/16 Page 2 of 6
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`3.
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`At the request of Plaintiffs’ Counsel, I have prepared a Proposed Notice Program for
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`the Action. This Declaration is based upon my personal knowledge and upon information provided
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`by Plaintiffs’ Counsel, my associates, and A.B. Data staff members. The information is of a type
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`reasonably relied upon in the fields of media, advertising, and communications. This Declaration
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`will describe the Notice Program that is recommended and how it will meet the requirements of
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`Rule 23 and provide due process of law to the class members. The Proposed Notice Program is
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`included as Exhibit 1.
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`RELEVANT EXPERIENCE
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`4.
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`As the Vice President, Media for the Class Action Administration division of A.B.
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`Data, Ltd., I provide a broad range of services, including market research and analysis, creative
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`development, advertising, and marketing planning.
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`5.
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`I have developed and directed some of the largest and most complex national
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`notification programs in the country. The scope of my work includes notification programs in
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`antitrust litigation (including antitrust consumer settlements), securities settlements, and consumer,
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`ERISA, and insurance settlements. I have developed or consulted on hundreds of notification
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`programs, placing millions of dollars in media notice. My curriculum vitae is included as Exhibit 2.
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`6.
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`A.B. Data has also been appointed as Notice, Claims, and/or Settlement
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`Administrator in hundreds of high-volume consumer, civil rights, insurance, antitrust, ERISA,
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`securities, and wage and hour cases, administering some of the largest and most complex class
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`action settlements of all time, involving all aspects of media, direct, and third-party notice
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`programs, data management, claims administration, and settlement fund distribution. A profile of
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`A.B. Data’s background and capabilities, including representative case and client lists, is included
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`as Exhibit 3 to this Declaration.
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` EXECUTIVE SUMMARY
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`7.
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`The objective of the Notice Program is to provide adequate notice of the proposed
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`Settlements to Class Members. The Class is generally defined as follows:
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`SUPPLEMENTAL DECLARATION OF LINDA V. YOUNG – MOTION FOR PRELIMINARY APPROVAL
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`Case 3:14-cv-03264-JD Document 1375 Filed 11/04/16 Page 3 of 6
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`[P]ersons and entities in the United States who, from April 1, 2002,
`through at the latest July 15, 2016, purchased directly from a
`distributor one or more Capacitor(s) that a Defendant manufactured.
`Excluded from the Class are Settling Defendants, their parent
`companies, subsidiaries, and Affiliates, any co-conspirators, Settling
`Defendants’ attorneys in this case, federal government entities and
`instrumentalities, states, and their subdivisions, all judges assigned to
`the case, and all jurors in the case.
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`8.
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`A.B. Data researched data regarding the target audience’s media consumption,
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`determining the most appropriate media vehicles that would best deliver potential Class Members
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`and provide them with the opportunity to see and respond to the Notice.
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`9.
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`The Notice Program includes a combination of national print media, targeted
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`national trade magazines, and digital media. The Notice Program, which will be nationwide,
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`includes the following media categories:
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`
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`
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`
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`
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`National trade magazines;
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`National targeted trade websites;
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`Email notice through email “blasts”;
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`National sponsorship of selected trade e-newsletters;
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`General-market publications to reach “C-level” business executives and
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`electronics enthusiasts;
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`“Banner” ads carried via targeted websites served to consumer electronics
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`hobbyists and enthusiasts who are technically savvy
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`Earned media, including the dissemination of a news release via Business
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`Wire; and
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`Direct mail to key names and addresses in the electronics and purchasing
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`industry.
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`10.
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`The proposed media schedule in the Proposed Notice Program includes advertising
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`in national trade and consumer publications; “banner” ads on national trade publication websites;
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`“banner” ads targeting consumers who are electronic hobbyists and enthusiasts; “banner” ads in a
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`national e-newsletter targeted to the specific audience concerned; a custom email “blast” to opt-in
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`subscribers of targeted publications; direct mail; and a news release disseminated via earned media.
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`Case 3:14-cv-03264-JD Document 1375 Filed 11/04/16 Page 4 of 6
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`11.
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`Print ads will be placed in each of the following trade and consumer publications to
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`reach professionals in the electronics industry, electronics hobbyists, and the “C-level” executives
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`of manufacturers and industrial businesses that purchase Capacitors:
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`a.
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`b.
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`c.
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`The Wall Street Journal
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`Electronic Design
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`Nuts and Volts
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`12.
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`“Banner” ads will be run on the following national trade publication websites and/or
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`e-newsletters targeting electronics hobbyists and consumers and professionals in the electronics
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`and purchasing industries who are large-scale purchasers of capacitors:
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`g.
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`h.
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`i.
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`j.
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`k.
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`l.
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`Electronicdesign.com
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`Machinedesign.com
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`SourceESB.com
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`Microwaves & RF – mwrf.com
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`Powerelectronics.com
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`HydraulicsPneumatics.com
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`Globalpurchasing.com
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`nutsvolts.com
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`passivecomponentmagazine.com
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`eetimes.com
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`ebnonline.com
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`Nuts and Volts
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`13.
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`“Banner” ads will be served via a variety of websites over 30 days to a minimum of
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`14.8 million targeted electronics hobbyists and enthusiasts who are technically savvy. Key
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`strategies of contextual, behavioral, and predictive modeling will be utilized to target the banner
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`ads to potential Class Members. A mix of mobile, laptop, and desktop devices will be targeted in
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`this effort.
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`14.
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`The news release regarding the case will be sent as an email “blast” to opt-in subscribers
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`of the following publications:
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`SUPPLEMENTAL DECLARATION OF LINDA V. YOUNG – MOTION FOR PRELIMINARY APPROVAL
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`Case 3:14-cv-03264-JD Document 1375 Filed 11/04/16 Page 5 of 6
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`a.
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`Penton Publications (including the websites Electronicdesign.com,
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`Machinedesign.com, SourceESB.com, mwrf.com, Powerelectronics.com,
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`and HydraulicsPneumatics.com)
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`Passive Component Industry Magazine
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`EE Times
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`b.
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`c.
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`15.
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`Direct-mail notice via postcards sent to approximately 150,000 potential Class
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`Members for which Plaintiffs’ Counsel provides mailing addresses will be prepared and mailed.
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`The postcard notices will include the web address of the case-specific website and the toll-free
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`telephone number of the case-specific call center.
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`16.
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`In addition to the notice efforts involving print publications and digital media, A.B.
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`Data will disseminate a news release via the Business Wire distribution service to announce the
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`Notice of Settlement. This news release will be distributed via Business Wire to more than 10,000
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`newsrooms, including print, broadcast, and digital media, across the United States. It will also be
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`distributed to trade publications relevant to the industries and fields concerned.
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`17.
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`A case-specific website will be established and listed with major search engines to
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`enable potential Class Members to get detailed information about the Settlements and relevant
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`documents, including the Complaint and the Settlement Agreements.
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`18.
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`All print-media notices in the proposed Notice Program will include a toll-free
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`telephone number, the website address, and a mailing address for Class Members to request or
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`access the Settlement Notice. The online banner and text ads will include the website address and a
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`link to the case-specific Settlements website. The Summary Notice and the Settlement Notice are in
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`plain language, as required by the revisions to Rule 23 of the Federal Rules of Civil Procedure.
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`19.
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`As a Notice Program that primarily targets entities and consumers that have
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`purchased specific types of capacitors (a product used primarily in the manufacturing of products),
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`data to quantify the reach of this program are not available through traditional media resources,
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`such as MRI, that provide accredited media research. Based on the trade-media resources for the
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`passive-component industry and the electronics, electrical, and purchasing fields, some of which
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`state that they deliver, in the words of one such source, “90% coverage of all companies in the
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`passive component supply chain,” A.B. Data believes that the proposed Notice Program satisfies
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`Rule 23 requirements.
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` CONCLUSION
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`20.
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`It is my opinion, based on my experience, that the reach of the target audience and
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`the number of exposure opportunities to the Notice information are adequate and reasonable. In my
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`opinion, the proposed Notice Plan is designed to effectively reach potential Class Members, as
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`described herein, deliver Notices that will capture potential Class Members’ attention, and provide
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`them with the information necessary to understand their rights and options. This proposed Notice
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`Program conforms to the standards employed by A.B. Data in notification programs designed to
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`reach unidentified potential class members of settlement groups or classes that are national in scope
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`and reach narrowly defined entities and demographic targets. In my opinion, the proposed Notice
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`Program satisfies the requirements of Rule 23 and of due process.
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
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`true and correct.
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`Executed this 2nd day of November 2016 at Simpsonville, South Carolina.
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`Linda V. Young
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