{
Translation from Russian into English
of the extraction from the Transcribed text
of the request originally in verbal form in Russian language.
}
Case No. 16-md-02752-lhk,
"Yahoo! Inc. Customer Data Security Breach Litigation",
United States District Court Northern District of California
San Jose Division,
Lucy H. Koh, United States District Judge.
Dear Honorable Judge Lucy H. Koh,
This request required adding the following Definitions
(in addition to Definitions in other requests from Pastuh)
for clarity:
{
"WORLDWIDE" - presumable territory of the planet Earth
inhabited by HEBREWs, including the putative
Settlement Class Members numbered by item 14 (1)
of the Order 390 in Russian, English, Spanish
languages originally,
in strict fulfillment of the Order 390.
"Heffler" - Settlement Administrator, Heffler Claims Group.
The "Only Notice Expert" - Ms. Jeanne Finegan,
President and Chief Media Officer
of HF Media, LLC, Inc. ("HF Media")
a division of Heffler,
in summary, the only Notice Expert
accredited in Public Relations (APR)
by the Universal Accreditation Board,
a program administered by
the Public Relations Society of America.
"False Declaration" - Document 330-7 Filed 10/22/18,
DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING
PROPOSED NOTICE TO SETTLEMENT CLASS MEMBERS,
published (in English only) on the Settlement WebSite
instead of expected Chutzpah Declaration
updated within the UPDATED SETTLEMENT AGREEMENT set.
"Chutzpah Declaration" - Document 369-6 Filed 04/09/19,
DECLARATION OF JEANNE C. FINEGAN, APR CONCERNING
PROPOSED NOTICE TO SETTLEMENT CLASS MEMBERS.
"CHUTSPAH" - ~Carefully Hidden in Underground
Truthful Secret Proposals (Predictions, Prophecies)
Approved by Humans~
(in oppose to the cynical Chutzpah, usually public).
"UPDATED SETTLEMENT AGREEMENT" - a set of documents
in all languages promised by Heffler
of the AMENDED SETTLEMENT AGREEMENT AND RELEASE
in updated Editions
and of the updated Editions of its Exhibitions,
accessible to Heffler,
but not published at the Settlement Website
before the Announcement of the end of the second round
of testing the Notice Program,
being a sort of CHUTSPAH, particularly in part of the universal
criteria of certification of the settlement class
in all related corresponding documents,
coinciding, in essence, with the quote of
the universal criteria published in section "Yahoo! Inc.
Customer Data Security Breach Litigation Settlement"
on the updated page of the common Heffler's site
(
https://www.hefflerclaims.com/active-cases/ )
(originally) : "If you had a Yahoo account
between January 1, 2012, and December 31, 2016,
you are a settlement class member.
If you received an emailed notice
from the settlement administrator
about this class action settlement
addressed to you,
then the settlement administrator has already determined
that you are a settlement class member.",
satisfactory for the first round of testing
the Notice Program
up to the date of consideration of the Request
for Directing the First Best Notice.
"DECLARATION OF IMPLEMENTATION" - DECLARATION OF JEANNE C. FINEGAN, APR
CONCERNING IMPLEMENTATION OF NOTICE
TO SETTLEMENT CLASS MEMBERS, Document 414-1 Filed 01/31/20,
filed in the beginning of a second round of testing
the Notice Program, before the end of the planned directing
of the improved Notices between January 27, 2020
till February 9, 2020
from the settlement administrator
to the last known e-mail addresses
of the rest of holders of accounts
compromised during the Yahoo Data Breaches
(all three billion accounts then existing
WORLDWIDE)
after the preliminary attempt of malicious actors
in the first round of testing the Notice Program
to steal from HEBREWs in calculation
of the Noticed Settlement Class Members
the 942,628,667 accounts
on behalf of the residents
of the United States of America and Israel,
hopefully having failed due to the inconsistency
of the Notice Program
but perfectness of the Honorable Judge
at least within the period 40 days
(between January 27, 2020 and March 6, 2020)
noticeably less than originally foreseen period
for opt-outs and objections
from the victims of the first round of testing -
230-45=185 days.
}.
Hereby I request the Honorable Judge,
(1)
pursuant to Federal Rules of Civil Procedure Rule 23(c)(1)(C):
"Altering or Amending the Order.
An order that grants or denies class certification
may be altered or amended before final judgment.", -
to embrace by the quote signs the content of item 14 (1)
in the original Order 390 in Russian language,
as presumably the main language
on current stage of the litigation since this request,
and to add after the resulted quote
the incoming link, embraced by brackets,
leading from item 11 of the PROPOSED ORDER 369-15
in Russian language edition
as from the original source of the quote resulted;
(2)
and then to amend similarly the documents Order 390
in other languages (English, Spanish, Arabic, Hebrew
and two additional languages like, on the discretion,
Korean and Vietnamese), -
as the multilingual Teaching examples from the Honorable Judge
for the Only Notice Expert
and for Heffler
and for the Lead Settlement Class Counsel
and for the Yahoo Counsel
and for other attorneys and interested participants,
not excluding PSEUDO-SHARPERs;
(3)
and afterwards to suggest the Only Notice Expert,
to add similarly into item 11 of the Chutzpah Declaration,
thus assisting to reveal the source of Chutzpah
in Chutzpah Declaration, -
the corresponding incoming link, leading from the item
of Yahoo Counsel's document, by which Yahoo Counsel
informed the Only Notice Expert, judging on item 11 itself, that
"approximately 900 million to one billion Yahoo accounts,
representing up to 200 million unique U.S. and Israeli residents,
were affected by the Data Breaches occurring in 2013 and 2014,
and that were announced in September 2016, November 2016,
December 2016, and September 2017,
as well as to data security intrusions
occurring in January 2012 (the "Data Breaches")."
in reply to the corresponding request of the Only Notice Expert,
yet unknown, -
for implementation of the direct outreach via email
with such a suspicious redefined special term ~Data Breaches~, -
in contradiction to the definition of the terms
"Yahoo Data Breaches" and "Data Breaches."
(with the final dot within the term),
hidden from the eyes of the readers of the Agreement 369-2
at the Settlement Website
in footnote 2 at page 3 to item 6 at pages 2, 3
in the Second Amended Consolidated Class Action Complaint
(Document 387-4 Filed 07/11/19)
(yet not published for PSEUDO-SHARPERs
at the Settlement Website in corresponding languages) :
"*2 The 2012 Intrusions, 2013 Breach, 2014 Breach,
and Forged Cookie Breach are collectively referred to
as the "Yahoo Data Breaches" or "Data Breaches.""
without specification of the chronology
of the delayed announcements
about the details of Yahoo Data Breaches
within the Definition of the terms
"Yahoo Data Breaches" and "Data Breaches."
(with the final dot within the term), -
and hence within the definition of the term
"Data Breaches" too,
linked to through item 1.15 of the Agreement 369-2 :
"1.15 "Data Breaches" means the data breaches alleged
in the Second Amended Consolidated Class Action Complaint
("SAC") in the MDL Case, In re: Yahoo! Inc.
Customer Data Breach Security Litigation,
Case No. 16-md-02752-LHK (N.D. Cal.),
and in the CCAC in the JCCP Case,
Yahoo! Inc. Private Information Disclosure Cases,
JCCP No. 4895 (Orange County Superior Court)."
vainly without specification of the definite footnote,
item and page of SAC in the Agreement 369-2 definition,
as if the Parties have agreed within Agreement 369-2 beforehand
to abuse legal uncertainty
and to foresee the possibility of provocations
of the next delayed announcements,
not excluding the verbal announcements
at the final hearings, in Russian and/or other languages,
particularly of the fact that the term "Data Breaches."
with the final dot inside the term
and the term "Yahoo Data Breaches"
were not used in the Agreement 369-2
and, to the contrary, the term "Data Breaches"
without the final dot inside the term -
yet was not defined consistently, properly and fully
by the definite Definition
with the unequivocal spelling and pronunciation
within the Definitions section of Agreement 369-2
without sharing the designation of Definitions
with SAC's footnotes or items,
hence the Court was previously considering
the not defined subject of the litigation
until the UPDATED SETTLEMENT AGREEMENTs
with the updated proper definition of the term
"Data Breaches", without the final dot, fit inside
the corresponding UPDATED SETTLEMENT AGREEMENT fully,
will appear published at least in six languages
before expiration of the 5 year period (2015-2020)
of implementation of the Strategic Plan
for Language Access in the California Courts
on the corresponding versions of Settlement Website
in accordance with the report (not plan or promise only)
in DECLARATION OF IMPLEMENTATION [at page 10] :
"OFFICIAL SETTLEMENT WEBSITE
42. Heffler created and is currently hosting a dedicated website
entitled
www.YahooDataBreachSettlement.com.",
"In addition, Heffler coordinated the translation of the Settlement
into Spanish, Russian, Hebrew and Arabic,
which were all posted in the website.",
"The videos for the Account Holder Form, the Paid User Form,
the Small Business User Form and Israeli Form
were all developed in English, Spanish, Russian, Hebrew and Arabic
and posted to all versions of the website.";
(4)
and afterwards to suggest the Only Notice Expert,
not authorized for redefining the subject
of the class litigation,
particularly to redefine the definition of the terms
"Yahoo Data Breaches" and "Data Breaches."
with the final dot within the term, -
to strike out the words "(the "Data Breaches")"
in item 11 of the Chutzpah Declaration
by single line
and to add after the words crossed out
the words "in contradiction to the definition of the terms
"Yahoo Data Breaches" and "Data Breaches."
(with the final dot within the term)
in footnote 2 at page 3 to item 6 at pages 2, 3
in the Second Amended Consolidated Class Action Complaint
(Document 387-4 Filed 07/11/19) : ",
followed by the exact quote
of the footnote 2 at page 3 to item 6 at pages 2, 3
in the Second Amended Consolidated Class Action Complaint
(Document 387-4 Filed 07/11/19),
followed, in its turn,
by the exact requisites of this request, embraced in brackets;
(5)
and afterwards, taking in account that documents 388-1, 388-2, 388-3
do not contain the trick with excluding October 2017,
to suggest the Only Notice Expert
to copy attentively the words
"were announced announced in September 2016,
November 2016, December 2016, and October 2017,"
from the Exhibit D to the Chutzpah Declaration
(a copy of the Publication Notice) [at page 71],
or, alternatively, from the Exhibit 5C ("C" is uppercase)
to the Agreement 369-2
(Document 369-9 Filed 04/09/19),
which could be referred to as "Publication"
after fixing "c" in "Exhibit 5c" in Exhibit List section
in Agreement 369-2
to uppercase
(followed by fixing "a" for Long Form Notice
and "b" for Short Form Notice
to uppercase),
[at page 2]
and to paste the block, obligatorily preserving the term
"announced announced" as it seems helped, due to its
higher judicial force than that of the term "announced",
to avoid the replacement of "October 2017"
with "September 2017", -
after the words
"were announced in September 2016, November 2016,
December 2016, and September 2017,",
be crossed out by the single line,
in Exhibit B (a copy of the Long Form Notice)
to the Chutzpah Declaration [at page 48] and
in Exhibit C (a copy of the Short Form)
to the Chutzpah Declaration [at page 69];
(6)
and afterwards, not waiting for the immediate success
of the Only Notice Expert
in the first rounds of consequent exercises
on truthful presentation of information,
in coordination with Federal Rules of Civil Procedure
Rule 23. Class Actions (c)(2)(B)
"the court must direct to class members the best notice"
and (e)(1)(B)
"The court must direct notice in a reasonable manner to all class members"
and
Committee Notes on Rules-2018 Amendment
"Subdivision (c)(2).
Rule 23(e)(1) provides that the court must direct notice to the class
regarding a proposed class-action settlement", -
to direct by the Honorable Judge without delay
the first best notice in a reasonable manner
regarding a proposed class-action settlement
to at least one human Pastuh,
has been identified by Heffler
as the Settlement Class Member
as definitely as Heffler was able to identify at that time
in a second round of testing the Notice Program
under the pressure of different opinions
of (at least) the Yahoo Counsel,
the Only Notice Expert
and the Lead Settlement Class Counsel
thinking that he exercises disputes
in full at his discretion ultimately,
because up to current date of registration of this request
the putative Settlement Class Members
or an indefinite part of them
(regardless of the exposed number of them,
fraudulent and mocked in consequent Proposed Orders
but forced, simulated and teaching - in the Order 390)
were not notified legally and fully
by the Settlement Administrator,
nor by a settlement administrator,
in relation with the fact that English language,
or otherwise other preferable languages,
still did not allow Heffler and the Only Notice Expert
and Mr. John A. Yanchunis and Yahoo Counsel
to reach an agreement
within the AMENDED SETTLEMENT AGREEMENT AND RELEASE
together with its Exhibitions,
including the Chutzpah Declaration,
while Heffler is aware of the content
of the UPDATED SETTLEMENT AGREEMENT,
particularly Heffler seems failed to explain
to the Only Notice Expert
that it would have been better for her
to avoid consciously and voluntarily and purposefully
relying on information being proposed to her
by Yahoo Counsel (as she specified
in item 11 of Chutzpah Declaration)
and also on all sources of information
specified in item 1 of Chutzpah Declaration,
at least unless her personal knowledge
will begin correlating
with the text of official documents
and with public announcements of Heffler
and with the true part of her own
Chutzpah Declaration
and with the DECLARATION OF IMPLEMENTATION
and with the reality, at the same time,
and, instead, to study the same documents,
like UPDATED SETTLEMENT AGREEMENT,
which Heffler is relying on, most probably
with the preliminary approval by the Court,
but which Heffler yet can not publish
on the Settlement Website,
believing that it is better for Heffler
to rely on own CHUTSPAH than on Chutzpah Declaration,
but anyway gradually being reproduced in a form of
official documents, providing a possibility
to prove the facts before the courts
and to make the agreed corrections
of errors and tricks in official documents
thus targeting the guarantee of equal interpretation
by those readers who are not influenced
by information incoming from Yahoo Counsel
to the Only Notice Expert personally and privately
without the corresponding documents
with definite sequences of words
published.
Heffler failed to explain to Mr. John A. Yanchunis
and to the Only Notice Expert
that Heffler will have to keep on the Administrator Website
the False Declaration, outdated,
without a word "Russian" in it,
instead of the evolving Chutzpah Declaration
until the Only Notice Expert will learn
the Teaching of the Honorable Judge
on copying a significant fragment of text
from a one official document
and pasting it into another official document
with the exactness to a letter and a comma
and a digit,
and, particularly, until the Only Notice Expert,
having become not the only expert in copy-pasting,
will copy the proper formulation of the criteria
of the Settlement Class certification
from the UPDATED SETTLEMENT AGREEMENT
having been already quoted by Heffler
at the official site of Heffler,
to that time additionally improved in result of
directing the best notices by the Court
to e-mail addresses of HEBREWS,
and will paste it, one and the same,
into all the corresponding Exhibitions
of the current Chutzpah Declaration
and of the DECLARATION OF IMPLEMENTATION,
containing the criteria formulations,
in strict fulfillment of the Order 390,
containing purposeful samples
of accurate copy-pasting
in full set of languages,
followed by striking out, by a single line,
the variety of different criteria wording
in the original Chutzpah Declaration.
Heffler failed to explain to Mr. John A. Yanchunis
and to the Only Notice Expert
that the essential and primary subject of this litigation
being considered by the Honorable Judge Lucy Haeran Koh,
not by Yahoo Counsel instead of a judge,
is not the chronology of the Yahoo's announcements
within an arbitrary list of months,
but the Yahoo Data Breaches (or the Data Breaches.) themselves
regardless of the months of the publication
of the delayed related announcements,
(regardless of the fact that the delays of the announcements
may become a separate subject of consideration by the Court),
and that, therefore,
the words "and that were announced in September 2016,
November 2016, December 2016, and September 2017"
in item 11 of the Chutzpah Declaration [at pages 5, 6],
inserted under the pretext of the significance of the excluding
of the announcement on October 3, 2017
regarding three (3) billion compromised accounts
existing worldwide
in sense of the holders of three (3) billion accounts,
existing worldwide, resident WORLDWIDE,
from the list of months dictated by Yahoo Council
to the Only Notice Expert
via an unknown document in reply to an unknown request
of the Only Notice Expert
in addition to
the SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
(
https://yahoodatabreachsettlement.com/en/Home/GetDocument/?documentName=Second%20Amended%20Consolidated%20Class%20Action%20Complaint.pdf Document 387-4 Filed 07/11/19)
with multiple mentions
of the number "three billion" accounts
and "3 billion" accounts,
for juggling a shammed number of compromised accounts holders
(up to 200 million unique U.S. and Israeli residents
holding approximately 900 million to one billion
Yahoo accounts)
fitting approximately in total population of the USA and Israel
on the date of the corresponding juggling -
may explain the extinction of holders of three (3) billion
compromised accounts,
having been documented by the words
"2. What is this litigation about?",
"In October 2017, it was announced that the 2013 Data Breach
had affected all Yahoo accounts then in existence,
approximately 3 billion user accounts."
[Chutzpah Declaration, page 54 (Exhibit B page 7)],
having been sent to indefinite part of Settlement Class Members
from Yahoo's e-mail address
in contradiction to the UPDATED SETTLEMENT AGREEMENT,
from the Notice Program during the preceding period
of preliminary testing of the Notice Program in two rounds
till July 18, 2020,
but can not justify the excluding of holders
of three (3) billion accounts
from the next procedure of directing the best notices
by the Court, from the e-mail address of the Court,
to the victims of previous sending not the best
testing notifying messages from Yahoo e-mail address
(which were not
"an emailed notice from the settlement administrator"
as the Parties agreed in the UPDATED SETTLEMENT AGREEMENT) -
as soon as Heffler has failed to test the Notice Program fully;
(7)
Before directing the first best notice from the Court to Pastuh -
it is necessary to add the words like
"If you received an emailed Notice from the Court
about this class action settlement
addressed to your e-mail address,
then the Court has already determined
that you are a Settlement Class Member.
(Paragraph added due to request <requisites of this request>.)"
after the words
"If you had a Yahoo account between January 1, 2012, and December 31, 2016,
you are a settlement class member."
The original words
"If you received an emailed notice from the settlement administrator
about this class action settlement
addressed to you,
then the settlement administrator has already determined
that you are a settlement class member."
should be changed to
"If you received an emailed Notice from the Settlement Administrator
about this class action settlement
addressed to your e-mail address,
then the Settlement Administrator has already determined
that you are a Settlement Class Member."
Naturally, Chutzpah disguised by the words like
"if you are a resident of the United States or Israel"
should not appear again in the UPDATED SETTLEMENT AGREEMENT
while "JURISDICTION AND VENUE" is supported in accordance with
item 16 of the SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT
(
https://yahoodatabreachsettlement.com/en/Home/GetDocument/?documentName=Second%20Amended%20Consolidated%20Class%20Action%20Complaint.pdf )
"16. This Court has jurisdiction over this action
pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. 1332(d),
because the aggregate amount in controversy exceeds $5,000,000,
exclusive of interests and costs,
there are more than 100 class members,
and at least one class member is a citizen of a state
different from Defendants
and is a citizen of a foreign state.
The Court also has supplemental jurisdiction over the state law claims
pursuant to 28 U.S.C. 1367."
and the word "worldwide" is being carefully preserved in the Notices
without the necessity to duplicate it to "worldwide worldwide"
or "WORLDWIDE WORLDWIDE".
The first best Notice should be directed by the Court,
from the e-mail address of the Court,
to the e-mail address of Pastuh.
After the confirmation of successful receipt of the best Notice by Pastuh -
the next Notice Plan fulfillment may be started
with the same Only Notice Expert expanding her knowledge
by experience of relying on official documents
and the Law;
(
Integrity of Association SMF2+ suffered because of
the different attitude of the Mediators of its Extensions,
Settlement Class Members,
to the prospect of surviving the consequences
of the peculiarities of the Order 390.
Some of Mediators are still waiting for the lawful best Notice.
Unlike Pastuh,
a lot of Mediators, who do not avoid registering
in social networks,
are still believing in a prospect of Teaching
the Only Notice Expert
( linkedin.com/in/jeanne-finegan-apr-7112341b )
and the Lead Settlement Class Counsel
(
https://www.linkedin.com/in/john-yanchunis-736b1416 )
and other attorneys of Plaintiffs and Defendants
directly via LinkedIn -
to arithmetic and to human logic
and to the Law of Evolution
of People Linked to the Unproved Sources,
but mostly those Mediators do not have access to LinkedIn.com ,
it is blocked for them,
something is wrong with Evolution there.
Hence, a Teaching Executive Judge, as a Mediator, is still needed.
In the meanwhile, in relation to
{
MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF PLAINTIFFS' MOTION FOR FINAL APPROVAL
(Document 414 Filed 01/31/20) [page 2] :
"Ten months later, it was announced that the 2013 Breach affected
all three billion existing worldwide accounts.",
[page 13, 14]
"Specifically, as anticipated, direct notice was achieved through email.
The email campaign began on September 3, 2019,
with approximately 24.5 million emails sent.
The email campaign continued for the next 19 business days
and ended on September 30, 2019.
A total of 942,628,667 emails were attempted for delivery
to Class Member email addresses on file,
with 204,906,633 emails successfully delivered,
a figure in line with Dr. Whipple's analysis. Finegan Decl. 11.",
"A second round of email notice is also underway,
having commenced on January 27, 2020,
and to be completed on February 9, 2020,
which will increase the delivered U.S. frequency to 3.5 times
and Israeli frequency to 3.2 times. Id. 3, 3 n.1."
},
I am requesting the Honorable Judge
to clarify, on the Court's request to the Only Notice Expert, -
Why was a second round of directing email notices
since January 27, 2020 till February 9, 2020
needed ?
Where are the rest of approximate three (3) billion accounts
subtract 942,628,667 accounts attempted in the first round ?]
How many e-mails were directed in a second round
in addition to 942,628,667 attempts in the first round ?
Wasn't it too short period since February 9, 2020 till March 6, 2020,
in the Only Notice Expert's opinion,
for getting acquainted with the messed restricted documents
to compose reasonable objections or opt-outs
by those Settlement Class Members (including PSEUDO-SHARPERs)
who would have received the Notices
coordinated with the not existent Exhibit 5
specified in item 1.25 [at page 6] in the Agreement 369-2
(from a settlement administrator
outside the definition "Settlement Administrator")
with the word "Notice" with the uppercase "N"
in the e-mail subject or in the title in the e-mail body
in a second round of email notice ?
The editable original of this Translation
from Russian into English
of the extraction from the Transcribed text
of the request originally in verbal form in Russian language
is accessible, temporarily, via the link
https://smf2.ga/index.php?msg=11240.
Thank you.
