Moyer v. Michaels Stores Inc.

MOTION

N.D. Ill.May 28, 2014

ACTIVE 201582474v.2 59891/40020 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS CHRISTINA MOYER, et al., individually and on behalf of a class, Plaintiffs. v. MICHAELS STORES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 14-CV-00561 ECF Judge Elaine Bucklo DEFENDANT MICHAELS STORES, INC.’S MOTION FOR LEAVE TO FILE INSTANTER BRIEF IN EXCESS OF PAGE LIMITS Pursuant to Local Rule 7.1, Defendant Michaels Stores Inc. (“Michaels”), by and through its attorneys, hereby respectfully moves this Court for leave to file instanter the attached Memorandum of Law in Support of its Motion to Dismiss Consolidated Class Action Complaint (attached hereto as Exhibit A), which exceeds the fifteen page limit by seven pages. In support of this motion, Michaels states as follows: 1. In moving to dismiss Plaintiffs’ Consolidated Class Action Complaint, Michaels must address complicated arguments and issues unique to each of the six Plaintiffs. 2. Due to the highly speculative nature of Plaintiffs’ claims of injury, it is necessary for Michaels to address not only Plaintiffs’ failure to state cognizable claims under both Illinois and New York law, but also Plaintiffs’ lack of standing to bring such claims. 3. Michaels is unable to adequately brief both the Article III standing issues as well as the deficiencies in the claims of the six consolidated Plaintiffs within the fifteen page limit under Local Rule 7.1. Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 1 of 108 PageID #:300 ACTIVE 201582474v.2 59891/40020 2 4. Michaels seeks a modest extension of seven pages so that the Motion to Dismiss will be adequately briefed to fully address the fatal pleading and Article III deficiencies in Plaintiffs’ Consolidated Class Action Complaint. WHEREFORE, Defendant Michaels respectfully moves this Court for leave to file instanter the attached Memorandum of Law in Support of its Motion to Dismiss Consolidated Class Action Complaint. Dated: May 28, 2014 Respectfully submitted, /s/Theodore R. Scarborough Scott Lassar Theodore R. Scarborough SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 Ph: (312) 853-7000 Fax: (312) 853-7036 slassar@sidley.com tscarborough@sidley.com Edward Robert McNicholas (admitted pro hac vice) SIDLEY AUSTIN LLP 1501 K Street, NW Washington, DC 20005 Ph: (202) 736-8010 emcnicholas@sidley.com Attorneys for Michaels Stores, Inc. OF COUNSEL: Michelle Hartmann SIDLEY AUSTIN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Ph: (214) 981-3300 Fax: (214) 981-3400 mhartmann@sidley.com Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 2 of 108 PageID #:301 ACTIVE 201582474v.2 59891/40020 3 CERTIFICATE OF SERVICE I hereby certify that on this day, May 28, 2014, I electronically filed the above Michaels Stores, Inc.’s Motion to File Instanter Brief In Excess of Page Limits with the Clerk of the Court using the CM/ECF system, which will automatically send email notification of such filing to all attorneys of record. /s/ Theodore R. Scarborough Theodore R. Scarborough Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 3 of 108 PageID #:302 EXHIBIT A Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 4 of 108 PageID #:303 ACTIVE 201509365v.6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS CHRISTINA MOYER, et al., individually and on behalf of all others similarly situated, Plaintiffs. v. MICHAELS STORES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case Nos. 14-CV-00561; 14-CV-00648; 14- CV-1229; 14-CV-1827 (consolidated) ECF Judge Elaine Bucklo DEFENDANT MICHAELS STORES, INC.’S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS CONSOLIDATED CLASS ACTION COMPLAINT Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 5 of 108 PageID #:304 i TABLE OF CONTENTS I. PRELIMINARY STATEMENT ..................................................................................... 1 II. STATEMENT OF FACTS ............................................................................................... 2 III. ARGUMENT AND AUTHORITIES .............................................................................. 5 A. Standard of Review ............................................................................................... 5 B. Dismissal Pursuant to Rule 12(b)(1) Is Proper Because Plaintiffs Lack Standing Under Article III. .................................................................................. 6 1. Plaintiffs’ Allegations of Future and Peripheral Injury Are Similar to Those Rejected by the Supreme Court in Clapper. ..................................... 6 2. Plaintiffs’ Allegations of Future and Peripheral Injury Are Identical to Those Rejected by this Court in Barnes & Noble and Strautins. ................ 9 3. Plaintiffs’ Allegations of Future and Peripheral Injury Cannot Be Fairly Traced to Action by Michaels. .................................................................. 15 C. In the Alternative, The Complaint Fails to State a Claim Upon Which Relief May Be Granted. ................................................................................................. 15 1. Plaintiffs Fail to State a Claim for Breach of Implied Contract............... 16 2. Plaintiffs Fail to State a Claim for Violation of the Illinois Consumer Fraud Act, New York General Business Law § 349, and Other Purportedly Similar State Statutes. ............................................................................... 18 IV. CONCLUSION ............................................................................................................... 22 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 6 of 108 PageID #:305 ii TABLE OF AUTHORITIES Page(s) CASES Adams v. City of Indianapolis, 742 F.3d 720 (7th Cir. 2014) .....................................................................................................2 Allison v. Aetna, Inc., Civ. A. No. 09-2560, 2010 WL 3719243 (E.D. Pa. Mar. 9, 2010) ..........................................11 Amburgy v. Express Scripts, Inc., 671 F. Supp. 2d 1046 (E.D. Mo. 2009)............................................................................. 11, 13 Apex Digital, Inc. v. Sears, Roebuck & Co., 572 F.3d 440 (7th Cir. 2009) .....................................................................................................5 Ashcroft v. Iqbal, 556 U.S. 662 (2009) .............................................................................................................6, 16 In re Barnes & Noble Pin Pad Litig., No. 12-cv-8617, 2013 WL 4759588 (N.D. Ill. Sept. 3, 2013) ......................................... passim Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) .............................................................................................6, 8, 15, 16, 19 Blackout Sealcoating, Inc. v. Peterson, 894 F. Supp. 2d 1067 (N.D. Ill. 2012) .......................................................................................8 Ciszewski v. Denny’s Corp., No. 09 C 5355, 2010 WL 1418582 (N.D. Ill. Apr. 7, 2010)....................................................19 Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (2013) ..................................................................................................... passim Cooney v. Chi. Pub. Sch., 943 N.E.2d 23 (Ill. App. Ct. 2010) ..........................................................................................20 De Bouse v. Bayer AG, 922 N.E.2d 309 (Ill. 2009), ......................................................................................................19 Dwyer v. Am. Express Co., 273 Ill. App. 3d 743 (Ill. App. Ct. 1995) .................................................................................14 Forbes v. Wells Fargo Bank, N.A., 420 F. Supp. 2d 1018 (D. Minn. 2006) ....................................................................................16 Fleisher v. Phoenix Life Ins. Co., 858 F. Supp. 2d 290 (S.D.N.Y. 2012), .....................................................................................20 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 7 of 108 PageID #:306 iii Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (2000) ...................................................................................................................6 Galaria v. Nationwide Mut. Ins. Co., -- F. Supp. 2d --, 2014 WL 689703 (S.D. Ohio Feb. 10, 2014), ..............................................13 Hammond v. Bank of N. Y. Mellon Corp., No. 08 Civ. 6060, 2010 WL 2643307 (S.D.N.Y. June 25, 2010) ................................11, 15, 16 Hendricks v. DSW Shoe Warehouse, Inc., 444 F. Supp. 2d 775 (W.D. Mich. 2006) .................................................................................16 In re iPhone Application Litig., No. 11-md-2250, 2011 WL 4403963 (N.D. Cal. Sept. 20, 2011)............................................14 Kaden v. First Commonwealth Ins. Co., 05 C 2212, 2006 WL 1444886 (N.D. Ill. May 18, 2006) ..........................................................2 Kathrein v. City of Evanston, 636 F.3d 906 (7th Cir. 2011), ....................................................................................................5 Langendorf v. Conseco Senior Health Ins. Co., 590 F. Supp. 2d 1020 (N.D. Ill. 2008) .....................................................................................20 In re LinkedIn User Privacy Litig., 932 F. Supp. 2d 1089 (N.D. Cal. 2013) ...................................................................................14 Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) .................................................................................................................15 In re Michaels Stores Pin Pad Litig., 830 F. Supp. 2d 518 (N.D. Ill. 2011) .................................................................................19, 20 Morris v. Harvey Cycle & Camper, Inc., 911 N.E.2d 1049 (Ill. App. Ct. 2009) ......................................................................................20 Oswego Laborers’ Local 214 Pension Fund v. Marine Midland Bank, 85 N.Y.2d 20 (1995) ................................................................................................................19 Parks v. Wells Fargo Home Mortgage, Inc., 398 F.3d 937 (7th Cir. 2005) ...................................................................................................21 Pisciotta v. Old Nat’l Bancorp, 499 F.3d 629 (7th Cir. 2007) .......................................................................................11, 16, 17 Polanco v. Omnicell, Inc., -- F. Supp. 2d --, 2013 WL 6823265 (D.N.J. Dec. 26, 2013), .................................................13 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 8 of 108 PageID #:307 iv Reilly v. Ceridian Corp., 664 F.3d 38 (3d Cir. 2011)................................................................................................ 11, 13 Richardson v. DSW, Inc., 2005 WL 2978755 (N.D. Ill. Nov. 3, 2005) ............................................................................21 Ruiz v. Gap, Inc., 622 F. Supp. 2d 908 (N.D. Cal. 2009) .....................................................................................16 Shaw v. Hyatt Int’l Corp., 461 F.3d 899 (7th Cir. 2006) ...................................................................................................20 Small v. Lorillard Tobacco Co., Inc., 94 N.Y.2d 43 (N.Y. 1999) .......................................................................................................21 Spencer v. Kemna, 523 U.S. 1 (1998) .......................................................................................................................5 Sterk v. Best Buy Stores, L.P., No. 11-cv-1894, 2012 WL 5197901 (N.D. Ill. Oct. 17, 2012) ................................................14 Strautins v. Trustwave Holdings, Inc., -- F. Supp. 2d --, 2014 WL 960816 (N.D. Ill. Mar. 12, 2014) .......................................2, 10, 11 Stutman v. Chem. Bank, 95 N.Y.2d 24 (N.Y. 2000) .................................................................................................18, 21 Toney v. Kinsch, No. 10 C 06375, 2012 WL 567729 (N.D. Ill. Feb. 21, 2012) ............................................18, 21 Typpi v. PNC Bank, N.A., No. 13-CV-3930, 2014 WL 296035 (N.D. Ill. Jan. 27, 2014) .................................................22 Vides v. Advocate Health & Hosp. Corp., Case No. 13-CH-2701 (Ill. Cir. Ct. [Lake County] May 27, 2014) ...................................10, 12 Warth v. Seldin, 422 U.S. 490 (1975) ...................................................................................................................6 Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., Inc., 536 F.3d 663 (7th Cir. 2008) ...................................................................................................22 Worix v. MedAssets, Inc., 857 F. Supp. 2d 699 (N.D. Ill. 2012) .......................................................................................20 In re Zappos.com, Inc. Customer Data Sec. Breach Litig., No. 3:12–cv–00325, 2013 WL 4830497 (D. Nev. Sept. 9, 2013) ...........................................17 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 9 of 108 PageID #:308 v RULES Fed. R. Civ. P. 9(b) ........................................................................................................................21 Fed. R. Civ. P. 12(b)(1)................................................................................................................5, 6 Fed. R. Civ. P. 12(b)(6)........................................................................................................5, 15, 22 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 10 of 108 PageID #:309 1 I. PRELIMINARY STATEMENT Plaintiffs seek to assert claims arising from the recent cyber security incursion at Michaels Stores, Inc. (“Michaels” or the “Company”). Fatal to their claims, however, is that they do not allege any cognizable injury, much less cognizable injury plausibly caused by Michaels. Starting just two days after Michaels announced that it had learned of possible fraudulent activity on some U.S. payment cards used at Michaels, plaintiff Christina Moyer and the other named plaintiffs in these now-consolidated cases (collectively, “Plaintiffs”) began filing class action suits. Michaels has confirmed that it suffered a data security incident, but a data security incident does not, nor should it ever, result automatically in cognizable injury to Plaintiffs. A misunderstanding of that fundamental rule of law is at the heart of Plaintiffs’ pleading deficiencies. Noticeably absent from the Complaint is any allegation that Plaintiffs suffered from or paid for any fraudulent charges, that their banks are even attempting to hold them liable for any fraudulent charges, or that they have otherwise expended any funds at all as a result of the data security incident. Indeed, only one of the six Plaintiffs (Ms. Whalen) makes any allegation that credit card information was stolen, but even she does not allege that she suffered fraudulent charges, cryptically alleging instead that her card was merely “presented” for a purchase. And even if Plaintiffs had alleged fraudulent charges (which they do not), Plaintiffs do not (and cannot) allege that any of those charges remained unreimbursed or that their card issuers were holding them liable for any unauthorized charges. Finally, at least three of the Plaintiffs do not even allege that they made purchases at a Michaels store during the period of time in which any data was exposed from that store—a deficiency that completely dooms their claim. While Plaintiffs devote several pages to generalized stories regarding identity theft, they do not allege any facts suggesting that any Plaintiff has been or will be the victim of identity Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 11 of 108 PageID #:310 2 theft. Instead, they rely on vague assertions of speculative future injury, which have been consistently rejected as insufficient to create standing or state a claim for which relief can be granted. Without an allegation of specific facts constituting an injury-in-fact that is fairly traceable to the actions of Michaels, recent decisions from the United States Supreme Court and this Court mandate dismissal of the Complaint for lack of standing under Article III. See Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013); Strautins v. Trustwave Holdings, Inc., -- F. Supp. 2d --, 2014 WL 960816, at *1 (N.D. Ill. Mar. 12, 2014); In re Barnes & Noble Pin Pad Litig., No. 12-cv-8617, 2013 WL 4759588 (N.D. Ill. Sept. 3, 2013). Even if Plaintiffs could arguably satisfy the requirements to prove Article III standing, Plaintiffs’ failure (and inability) to allege any injury means that each of their claims for relief must be dismissed under Rule 12(b)(6). II. STATEMENT OF FACTS Plaintiffs seek damages allegedly arising from a data security incident that was the result of a criminal attack on the Company’s computer systems, which exposed payment card account numbers used at certain Michaels stores between May 8, 2013 and January 27, 2014. Michaels has described the data incursion in the website postings cited in the Complaint.1 (See Consolidated Class Action Complaint (the “Complaint”) ¶¶ 2-3, 18-20.) As reported there, Michaels first learned in late January 2014 that there was possible fraudulent activity on some U.S. payment cards that had been used at Michaels, suggesting that Michaels had experienced a possible data security attack. (Id. at ¶ 2.) Michaels informed its customers of the possibility that 1 The website information, attached hereto as Exhibits A-C, are cited in the Complaint and referred to extensively therein (see Compl. ¶¶ 1-2, 17-20, 42-43), and, therefore, may be reviewed on a motion to dismiss. Adams v. City of Indianapolis, 742 F.3d 720, 729 (7th Cir. 2014) (“[D]ocuments attached to a motion to dismiss are considered part of the pleadings if they are referred to in the plaintiff’s complaint and are central to his claim.”); Kaden v. First Commonwealth Ins. Co., 05 C 2212, 2006 WL 1444886 (N.D. Ill. May 18, 2006) (Bucklo, J.) (same). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 12 of 108 PageID #:311 3 it had experienced a data security attack, that it was working with federal law enforcement and third-party data security experts to investigate the facts around the possible attack, and that it would continue to provide updates as the investigation continued.2 On April 17, 2014, Michaels provided an update to its customers.3 Michaels reported that its two independent forensic firms “discovered evidence confirming systems of Michaels stores in the United States . . . were attacked by criminals using highly sophisticated malware that had not been encountered previously by either of the security firms.”4 (April Letter.) The April Letter also includes three key disclosures: First, the only data at risk was payment card number and expiration date; no other personal data, such as name, address, or PIN, was at risk. (Id.) Second, the data security incident affected only a limited number of the point-of-sale systems at a limited number of stores. (Id.)5 Third, credit monitoring services are offered to affected Michaels customers for twelve months at no cost. (April Letter.) 2 A Letter From Our CEO, posted on http://www.michaels.com/payment-card-notice-ceo- 120514/payment-card-notice-CEO-12514.html (Jan. 25, 2014) (the “January Letter”), a true and correct copy of which is attached hereto as Exhibit A. 3 Updated Letter From Our CEO, posted on http://www.michaels.com/payment-card-notice-ceo- letter/payment-card-notice-CEO.html (April 17, 2014) (the “April Letter”), a true and correct copy of which is attached hereto as Exhibit B. 4 Plaintiffs include in the putative class definition absent class members that made an in-store purchase at an Aaron Brothers store. (See Compl. ¶46.) However, Aaron Brothers, Inc., which operates the Aaron Brothers stores, is not a named defendant. Other than stating that Aaron Brothers is a subsidiary of Michaels, Plaintiffs make no allegations about Aaron Brothers, much less allegations sufficient to pierce the corporate veil. None of the Plaintiffs allege that they made any purchases at an Aaron Brothers store and, indeed, there are none in Illinois or New York. The attempt to sweep Aaron Brothers customers into the class definition characteristically overreaches and should be stricken. 5 The April Letter cites to and directs consumers to the list of “locations and potential dates of exposure for each affected Michaels store.” (Id.) A true and correct copy of the Affected U.S. Michaels Stores and Dates of Exposure (the “Affected Stores List”), which was integral to the April Letter, is attached hereto as Exhibit C and available at http://demandware.edgesuite.net/aaeo_prd/on/demandware.static/Sites- MichaelsUS-Site/Sites-MichaelsUS-Library/default/v1399612220092/docs/corporate/US-Michaels- Stores-List-4-17-14.pdf. Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 13 of 108 PageID #:312 4 Plaintiffs allege that they visited various Michaels stores in Illinois and New York and made purchases on their credit or debit cards from November 2013 through January 2014. (Compl. ¶¶ 11-15.) Three of the six Plaintiffs fail to allege any purchase during a time when the store from which they made a purchase was affected by the data security incident.6 No Plaintiff actually alleges that fraudulent charges were incurred on his or her card, and only one Plaintiff, Ms. Whalen, alleges that someone attempted to use her credit card (but does not allege that the charge was approved). (See id.) None of the Plaintiffs, including Ms. Whalen, allege that they actually paid for fraudulent charges, that their banks are even attempting to hold them liable for any fraudulent charges, or that they have otherwise expended any funds at all as a result of the data security incident. (See id.) Similarly, although Plaintiffs quote from a Government Accountability Office study on identity theft, they do not allege that they have suffered any form of identity theft, nor could they, given that the type of information compromised—payment card numbers—did not include the sort of governmental identifier, such as driver’s license number or social security number, which would be required for identity theft. The theft of payment card numbers alone is insufficient as a matter of law to plausibly allege identity theft. Rather, Plaintiffs allege only generalized, speculative, prospective harms, suffered not by them individually, but instead hypothetically suffered by non-specified putative class members generally. For example, Plaintiffs allege that “Class members . . . have had their financial information placed at serious and ongoing risk.” (Id. at ¶ 22.) Plaintiffs further allege that they suffered harm from the 6 The Gouwens made purchases at the Kildeer location on December 5 and 11, 2013, and on January 16, 2014 (Compl. ¶ 12); however, data from the Kildeer location was only at risk of exposure from May 8, 2013 through July 29, 2013. (Affected Stores List at 16.) Similarly, Mr. Ripes made a purchase at the Glenview location on November 3, 2013 and at the Vernon Hills location on December 28, 2013 (Compl. ¶ 14); but data from each of those locations was also only at risk of exposure from May 8, 2013 through July 29, 2013. (Affected Stores List at 16-17.) Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 14 of 108 PageID #:313 5 “increased risk of identity theft.” (Id. at ¶ 44.) Ignoring the free credit monitoring and insurance Michaels is offering, they also allege that “consumers,” but not Plaintiffs themselves, “must expend considerable time taking these precautions [checking their credit reports, etc.] for years to come,” and that they suffered damages “based on the opportunity cost and value of time that [they] have been forced to expend to monitor their financial and bank accounts.” (Id. at ¶¶ 42, 45.) Finally, Plaintiffs allege that because a “portion of the services purchased from Michaels . . . necessarily included compliance with industry-standard measures with respect to the collection and safeguarding of PII, . . . [they] incurred actual monetary damages in that they overpaid for the products purchased from Michaels.” (Id. at ¶ 40.) None of these allegations are sufficient to confer standing on Plaintiffs or to provide Plaintiffs with the requisite injury to state viable claims for relief. III. ARGUMENT AND AUTHORITIES A. Standard of Review In deciding a motion to dismiss a claim for lack of standing under Rule 12(b)(1), the “plaintiff bears the burden of showing the jurisdictional requirements, including standing, have been met.” In re Barnes & Noble, 2013 WL 4759588, at *3 (citing Kathrein v. City of Evanston, 636 F.3d 906, 914 (7th Cir. 2011)). When deciding that motion at the pleadings stage, all “material allegations of the complaint are construed as true, and all reasonable inferences are drawn in favor of the plaintiff.” Id. (citing Apex Digital, Inc. v. Sears, Roebuck & Co., 572 F.3d 440, 443 (7th Cir. 2009)). However, standing may not “be inferred argumentatively from averments in the pleadings.” Spencer v. Kemna, 523 U.S. 1, 10-11 (1998) (internal quotation omitted). If the Court proceeds to analyze the motion to dismiss under Rule 12(b)(6), the Complaint must be dismissed if it does not contain “enough facts to state a claim to relief that is Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 15 of 108 PageID #:314 6 plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The Court must accept all well-pleaded allegations as true and in a light most favorable to the plaintiff, but mere “labels and conclusions” or “a formulaic recitation of the elements of a cause of action will not do.” Id. “[O]nly a complaint that states a plausible claim for relief survives a motion to dismiss.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. at 678. B. Dismissal Pursuant to Rule 12(b)(1) Is Proper Because Plaintiffs Lack Standing Under Article III. 1. Plaintiffs’ Allegations of Future and Peripheral Injury Are Similar to Those Rejected by the Supreme Court in Clapper. The Complaint fails to even come close to adequately alleging that Plaintiffs possess the requisite standing under Article III of the Constitution. Article III requires that “a plaintiff must show (1) it has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-181 (2000); see also Clapper, 133 S. Ct. at 1147 (“[W]e have repeatedly reiterated that threatened injury must be certainly impending to constitute injury in fact, and that allegations of possible future injury are not sufficient.” (internal citation omitted and emphasis in original)). And in the class action context, it is settled that “Petitioners must allege and show that they personally have been injured, not that injury has been suffered by other, unidentified members of the class to which they belong and which they purport to represent.” Warth v. Seldin, 422 U.S. 490, 502 (1975) (emphasis added). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 16 of 108 PageID #:315 7 Here, far from alleging specific and personal injury that is “certainly impending,” the named Plaintiffs allege only future and hypothetical injury that has been held time and again to be insufficient to confer constitutional standing. See Clapper, 133 S. Ct. at 1147 (holding that allegations of possible future injury were not sufficient to confer standing). Five of the six Plaintiffs do not even allege that there have been any unauthorized activity on their accounts, and the sixth only alleges that a card bearing her credit card number was “presented for payment.” (Compl. ¶¶ 11-15.) Noticeably absent from the Complaint is any allegation that any of the Plaintiffs were actually harmed in that they suffered from unreimbursed fraudulent charges. In that regard, Plaintiffs do not allege that they have borne, are bearing, or will have to bear any financial responsibility for any alleged fraudulent charges, as any charge, had it been made, would have been reimbursed.7 The only statement regarding monetary loss consists of a single conclusory statement, made almost in passing, in Paragraph 41 of the Complaint. In that single paragraph, Plaintiffs make the bald statement that “Plaintiffs and the Class have suffered . . . actual damages including monetary losses arising from unauthorized bank account withdrawals, fraudulent card payments, and/or related bank fees charged to their accounts.” (Compl. ¶ 41.) This bare allegation is not supported by any specific facts about any particular monetary losses, and, in fact, is belied by the complete omission of any allegation of bank fee charges made on the named Plaintiffs’ accounts and the noticeable absence of any allegation by any of the Plaintiffs that any charge was made, much less that it remained unreimbursed. If any of the Plaintiffs possessed facts—rather than 7 To the extent that any assertions could be construed as alleging monetary loss, such an allegation cannot be given any credence, as the card issuers have zero liability policies for fraudulent charges. See, e.g., Chase Debit Cards Website, https://www.chase.com/checking/debit-cards (“Chase reimburses you for any unauthorized card transaction made at stores, ATMs, on the phone or online when reported promptly.”). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 17 of 108 PageID #:316 8 mere conclusions—regarding unauthorized charges or umreimbursed losses, they certainly would have, and would have been required to have, pled them. The omission is revealing, and, of course, this unsubstantiated, contradictory, and conclusory statement found only in this single paragraph cannot salvage the complete lack of particularized injury-in-fact allegations made in the remaining 102-paragraph Complaint. See, e.g., Blackout Sealcoating, Inc. v. Peterson, 894 F. Supp. 2d 1067, 1070 (N.D. Ill. 2012) (Bucklo, J.) (“[T]he complaint does not substantiate this conclusory statement with the kind of factual material that would raise their right to relief ‘above the speculative level.’” (quoting Twombly, 550 U.S. at 555)). Shorn of the conclusory allegations bearing no factual support whatsoever, Plaintiffs’ alleged harm consists only of future and peripheral injuries. For example, Plaintiffs allege that “consumers must expend considerable time taking these precautions [such as checking credit reports, closing accounts] for years to come.” (Compl. ¶ 42).) Similarly, Plaintiffs allege “damages based on the opportunity cost and value of time that Plaintiffs and the Class have been forced to expend to monitor their financial and bank accounts.” (Id. at ¶ 45.) Plaintiffs also allege that they suffered damages in the form of “costs associated with identity theft and the increased risk of identity theft.” (Id. at ¶ 44.) Finally, Plaintiffs allege that “they overpaid for the products purchased from Michaels” because a “portion of the services purchased from Michaels by Plaintiffs and the Class necessarily included compliance with industry-standard measures with respect to the collection and safeguarding of PII.” (Id. at ¶ 40.) Whether standing can be conferred through allegations of these types of “hypothetical injury,” such as allegedly having to take precautions to avoid future harm in future years, was addressed recently by the United States Supreme Court in Clapper v. Amnesty International USA. 133 S. Ct. at 1147. In Clapper, the plaintiffs (attorneys, journalists, and other Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 18 of 108 PageID #:317 9 professionals) believed it likely that U.S. intelligence officials were intercepting their confidential communications with foreign citizens. 133 S. Ct. at 1142. To avoid that surveillance, they allegedly took “costly and burdensome measures to protect the confidentiality of their communications,” such as “avoid[ing] certain e-mail and phone conversations” and “travel[ing] so that they c[ould] have in-person conversations.” Id. at 1151. The Court found those alleged costs to be insufficient: [Plaintiffs’] contention that they have standing because they incurred certain costs as a reasonable reaction to a risk of harm is unavailing—because the harm respondents seek to avoid is not certainly impending. In other words, [Plaintiffs] cannot manufacture standing merely by inflicting harm on themselves based on their fears of hypothetical future harm that is not certainly impending. Id. (emphasis added). There is no difference between the “hypothetical future harms” alleged by the plaintiffs in Clapper and those alleged by Plaintiffs in this case. Accordingly, and pursuant to the Supreme Court’s guidance in Clapper, allegations that Plaintiffs incurred time and expense to mitigate risks of identity theft and that their credit card information is at an increased risk of theft and unauthorized use (Compl. ¶¶ 40-45), are plainly insufficient to confer the requisite Article III standing. 2. Plaintiffs’ Allegations of Future and Peripheral Injury Are Identical to Those Rejected by this Court in Barnes & Noble and Strautins. In the wake of Clapper, this Court has dismissed on standing grounds two data breach complaints that are strikingly similar to the Complaint before the Court. Plaintiffs’ Complaint includes no distinguishing fact that should warrant a different outcome here. In the first case, Judge Darrah dismissed a suit seeking damages arising after customer payment card data was stolen from Barnes & Noble. In re Barnes & Noble, 2013 WL 4759588. The plaintiffs in that case alleged that they purchased goods from Barnes & Noble while Barnes Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 19 of 108 PageID #:318 10 & Noble was experiencing a data security breach. Id. at *1-2. Similar to the allegations made by Plaintiffs in the case before the Court, the plaintiffs in Barnes & Noble alleged damages comprised of reimbursed fraudulent charges, diminished value of products and services, an increased risk of identity theft, time and expenses incurred to mitigate the risks of identity theft, improper disclosure of personal identifying information, and inadequate notification of the security breach. The alleged harm was held to be inadequate to confer constitutional standing: “In order to have suffered an actual injury, [plaintiff] must have had an unreimbursed charge on her credit card.” Id. at *3-6 (emphasis added). In the second case, Judge Tharp granted a motion to dismiss where plaintiffs alleged that personal identifying information was stolen from the South Carolina Department of Revenue’s tax database. See Strautins, 2014 WL 960816, at *1. The plaintiffs in that case alleged that “hackers gained access to SCDOR data” and thereafter “stole and compromised her PII.” Id. Citing both Clapper and Barnes & Noble, this Court found the following allegations to be “too speculative to permit the complaint to go forward”: allegations of untimely notification, out-of- pocket expenses and/or time incurred to mitigate the increase risk of identity theft, and the deprivation of the value of the plaintiff’s PII. Id. at *3-4. In reaching their decisions and holding that allegations of future harm or steps taken to mitigate future harm were insufficient to confer standing on the plaintiffs, Judges Tharp and Darrah both relied heavily on the Supreme Court’s recent decision in Clapper.8 But even before Clapper was decided, a long line of courts recognized that the possibility that stolen data could 8 And just yesterday, an Illinois Circuit Court granted a motion to dismiss a putative class action arising out of a data breach, holding that Clapper compelled “rejection of Plaintiffs’ argument that an increased risk of identity theft is sufficient to satisfy the injury-in-fact requirement for standing.” Vides v. Advocate Health & Hosp. Corp., Case No. 13-CH-2701, at *5 (Ill. Cir. Ct. [Lake County] May 27, 2014) (attached hereto as Exhibit D). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 20 of 108 PageID #:319 11 result in financial injury to plaintiffs was “future-oriented, hypothetical, and conjectural,” and therefore did not provide for standing. Hammond v. Bank of N. Y. Mellon Corp., No. 08 Civ. 6060, 2010 WL 2643307, at *7 (S.D.N.Y. June 25, 2010) (no standing where unencrypted data lost by transport company); see also Reilly v. Ceridian Corp., 664 F.3d 38, 43 (3d Cir. 2011) (no standing based on future injury where hacker allegedly stole data); Amburgy v. Express Scripts, Inc., 671 F. Supp. 2d 1046 (E.D. Mo. 2009) (alleged increased risk for identity theft due to hacker accessing information insufficient to show injury); Allison v. Aetna, Inc., Civ. A. No. 09- 2560, 2010 WL 3719243 (E.D. Pa. Mar. 9, 2010) (“alleged injury of an increased risk of identity theft is far too speculative” to provide standing). The holdings of these cases have only been strengthened by the Supreme Court’s subsequent decision in Clapper. Michaels anticipates that Plaintiffs will cite the Court to Pisciotta v. Old Nat’l Bancorp, 499 F.3d 629 (7th Cir. 2007), for the proposition that future identity theft may suffice for standing purposes. Even before Clapper, the Seventh Circuit’s holding as to standing was widely criticized. See, e.g., Reilly, 664 F.3d at 44 (recognizing that Pisciotta did not mention that a threatened injury must be imminent to confer standing); Amburgy, 671 F. Supp. 2d at 1051 (noting that the Seventh Circuit engaged in no discussion applying the standard for determining standing in a data breach case). But more importantly, the Pisciotta decision pre-dates the Supreme Court’s decision in Clapper and simply cannot be reconciled with Clapper, at least insofar as the standing analysis is concerned. In Strautins, Judge Tharp held that the standing analysis contained in Pisciotta was inconsistent with and could not be reconciled with the Clapper decision, and in Barnes & Noble, Judge Darrah followed Clapper, not Pisiciotta, as the binding precedent. See Strautins, 2014 WL 960816, at *5-6 (“[T]his Court concludes that it is duty bound to apply that standard in this case notwithstanding seemingly inconsistent Seventh Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 21 of 108 PageID #:320 12 Circuit precedent that predates Clapper.”); Barnes & Noble, 2013 WL 4759588, at *2; Vides, Case No. 13-CH-2701, at *7 (Ex. D). The Court here should also follow Clapper and recognize that Pisciotta is no longer controlling authority. Just as in Clapper, Barnes & Noble, Strautins, and other similar decisions, Plaintiffs’ allegations, which consist almost entirely of future harm, fall well below the standard necessary to establish constitutional standing. Here, there is no allegation that any alleged harm that Plaintiffs face is “certainly impending.” See Clapper, 133 S. Ct. at 1147. Nor can there be any reasonable inference that there is some impending harm, as the Complaint alleges no facts that would allow this Court to believe that Plaintiffs are at any risk of future identity theft. Even when payment card numbers are exposed, credit and debit card account numbers are obviously not the sort of government-issued identification, such as Social Security numbers or driver’s licenses, that could theoretically be used to impersonate an individual and open a new account in her name. Plaintiffs do not allege that names, Social Security numbers, dates of birth, or other information needed to open new accounts were compromised. The prospect of identity theft resulting solely from having a payment card number exposed is highly implausible. This is precisely the kind of speculative, distant, uncertain injury that the Supreme Court rejected in Clapper. Moreover, Plaintiffs also do not allege that their credit card accounts remain active and capable of incurring additional charges, and thus cannot show the requisite injury for Article III standing. Finally, even if they were to incur fraudulent charges, Plaintiffs do not allege that they would be held liable for paying those fraudulent charges. In short, there is nothing imminent or plausible about the Plaintiffs’ alleged harms. Costs taken to mitigate these speculative injuries are also insufficient to provide Plaintiffs with Article III standing. Where there is only a potential future harm, actions taken now in an Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 22 of 108 PageID #:321 13 attempt to mitigate that future harm are insufficient to create standing. See Clapper, 133 S. Ct. at 1151 (plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on their fears of a hypothetical future harm that is not certainly impending”).9 Earlier this year, a district court in a case involving a data breach at Nationwide Mutual Insurance Company reached the same conclusion, holding that “an increased risk of identity theft, identity fraud, medical fraud or phishing is not itself an injury-in-fact because Named Plaintiffs did not allege— or offer facts to make plausible—an allegation that such harm is ‘certainly impending.’” Galaria v. Nationwide Mut. Ins. Co., -- F. Supp. 2d --, 2014 WL 689703, at *5 (S.D. Ohio Feb. 10, 2014) (holding that where computer system was hacked and consumers’ personal information was stolen and disseminated, allegations of increased risk of harm, loss of privacy, and deprivation of the value of the personal information were insufficient to show standing). Here, entirely neglecting that Michaels is offering free credit monitoring and identity theft insurance, Plaintiffs allege the same self-inflicted injuries raised in Barnes & Noble—time and expenses incurred to mitigate the risk of future injury. See Barnes & Noble, 2013 WL 4759588, at *4. Because the harms Plaintiffs allegedly sought to mitigate are not “certainly impending,” the time and expenses incurred are wholly irrelevant to the question of standing. See id. And Plaintiffs’ allegation of peripheral injury—that they allegedly “incurred actual monetary damages in that they overpaid for the products purchased from Michaels” because the price of the goods included safeguarding their credit card information, (id. at ¶ 40)—has been 9 See also Reilly, 664 F.3d at 46 (“costs incurred to watch for a speculative chain of future events based on hypothetical future criminal acts are no more ‘actual’ injuries that the alleged ‘increased risk of injury’”); Polanco v. Omnicell, Inc., -- F. Supp. 2d --, 2013 WL 6823265 (D.N.J. Dec. 26, 2013) (seeking treatment at a different hospital is not sufficient to establish standing because decision was based entirely on speculative belief that previous hospital would lose personal information again); Amburgy, 671 F. Supp. 2d at 1053 (plaintiff lacked standing even though he had already expended funds to mitigate potential future damages). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 23 of 108 PageID #:322 14 raised and rejected by this Court as speculative. As in Barnes & Noble, there is no allegation here that Michaels “charged a higher price for goods whether a customer pays with credit [versus paying with cash,” or that customers could therefore expect additional value (i.e., data security) when paying by credit card. See Barnes & Noble, 2013 WL 4759588, at *5. Other courts have come to the same conclusion when faced with similar allegations of peripheral injury. See, e.g., In re LinkedIn User Privacy Litig., 932 F. Supp. 2d 1089, 1093 (N.D. Cal. 2013) (premium users were not paying for additional privacy where the privacy policy for LinkedIn users was the same regardless of whether a person paid for premium services or utilized the free version); Sterk v. Best Buy Stores, L.P., No. 11-cv-1894, 2012 WL 5197901, at *7 (N.D. Ill. Oct. 17, 2012) (dismissing claim based on lack of standing where plaintiff alleged he overpaid because Best Buy was not complying with credit card laws, but there was no difference in price for credit or cash purposes); In re iPhone Application Litig., No. 11-md-2250, 2011 WL 4403963, at *4–6 (N.D. Cal. Sept. 20, 2011) (holding that undifferentiated “lost opportunity costs” and “value-for- value exchanges” resulting from collection and tracking of personal information were not cognizable injuries in fact); Dwyer v. Am. Express Co., 273 Ill. App. 3d 743, 749 (Ill. App. Ct. 1995) (suggesting that any value is created by defendants who “categoriz[e] and aggregat[e]” personal information). This Court should follow these well-reasoned decisions, including from this Court, and likewise hold that allegations of the lesser value of goods are insufficient to establish standing. In sum, Plaintiffs fail to allege what damage—what concrete and compensable harm—is being suffered here and now. Plaintiffs have not paid any cash out of pocket; Plaintiffs do not allege that their banks have asked them to pay any alleged fraudulent charges; and Plaintiffs do not allege any other presently realized (or “certainly impending”) harm in the Complaint. As Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 24 of 108 PageID #:323 15 such, Plaintiffs have failed to plead the “irreducible constitutional minimum” of federal standing, and the case must be dismissed. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). 3. Plaintiffs’ Allegations of Future and Peripheral Injury Cannot Be Fairly Traced to Action by Michaels. Even if the injuries allegedly suffered by Plaintiffs were sufficient to establish standing, Plaintiffs cannot demonstrate that the alleged injuries are fairly traceable to action taken by Michaels. See, e.g., Clapper, 133 S. Ct. at 1147. Importantly, Plaintiffs have not pled that their alleged injuries were directly or indirectly caused by actions taken by Michaels. In fact, three of the six Plaintiffs fail to allege a purchase during a time when the store from which they made a purchase was affected. (Compare Compl. ¶¶ 12, 14 with Affected Stores List at 15-17.) Because Mr. Gouwens, Ms. Gouwens, and Mr. Ripes cannot state a claim for harm based on any action taken by Michaels—there is no allegation that the security incident was active in those stores at the time of their purchases—their claims must be dismissed. And for the other three Plaintiffs, there are and could be only allegations of a “mere coincidence in timing,” which are insufficient to establish a causal connection between the alleged breach. See Hammond, 2010 WL 2643307, at *5, 13. Finally, Plaintiffs have not pled that any alleged harm has resulted because of actions taken by Michaels, as opposed to some other manner through which their credit card information could have been stolen. For all these reasons, Plaintiffs have failed to allege standing, and the Complaint should be dismissed. C. In the Alternative, The Complaint Fails to State a Claim Upon Which Relief May Be Granted. Even if Plaintiffs were able to establish standing, the Complaint still should be dismissed for failure to state a claim upon which relief can be granted. Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a motion to dismiss should be granted if the complaint does not contain “enough facts to state a claim to relief that is plausible on its face.” Twombly, 550 U.S. at 570. Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 25 of 108 PageID #:324 16 “A complaint must contain enough ‘factual content’ to allow a court ‘to draw the reasonable inference that the defendant is liable for the misconduct alleged.’” Iqbal, 556 U.S. at 678. A complaint that offers only “labels and conclusions” or “a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555. Moreover, courts “are not bound to accept as true a legal conclusion couched as a factual allegation.” Id. “Nor does a complaint suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Iqbal, 556 U.S. at 678. In other words, Plaintiffs’ factual allegations must be sufficient “to raise a right to relief above the speculative level.” See Twombly, 550 U.S. at 555. When viewed through these standards, Plaintiffs’ claims cannot proceed. 1. Plaintiffs Fail to State a Claim for Breach of Implied Contract. Plaintiffs allege that Michaels breached an implied contract to protect customer data. (See Compl. ¶ 63.) As held by the Seventh Circuit, such a claim for breach of implied contract turns on and necessarily requires Plaintiffs to plead actual monetary harm that has resulted from the alleged breach of contract. See Pisciotta, 499 F.3d at 632 (holding, in the portion of decision not addressed by Clapper, breach of contract claim fails where plaintiff did not “allege any completed direct financial loss to their accounts as a result of the breach”).10 Plaintiffs here do not allege that they have suffered any financial loss from unreimbursed charges or that they have been a victim of identity theft. Accordingly, they fail to state a contract claim for which relief can be granted. 10 Numerous other courts have dismissed contract claims in data security cases holding that there was no allegation of injury. See, e.g., Hammond, 2010 WL 2643307, at *11; Hendricks v. DSW Shoe Warehouse, Inc., 444 F. Supp. 2d 775, 780 (W.D. Mich. 2006) (granting 12(b)(6) motion and dismissing contract claims for failure to demonstrate injury where plaintiff alleged damages for purchasing credit monitoring and unauthorized access to her PII); Forbes v. Wells Fargo Bank, N.A., 420 F. Supp. 2d 1018, 2021 (D. Minn. 2006) (dismissing breach of contract claim based on lack of injury); Ruiz v. Gap, Inc., 622 F. Supp. 2d 908, 917 (N.D. Cal. 2009) (dismissing breach of contract claim where plaintiff was not a victim of identity theft and could not show damages by pointing to fear of future identity theft). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 26 of 108 PageID #:325 17 Plaintiffs’ failure to provide any explanation of how the sale of merchandise by Michaels using credit cards implies any agreement between Plaintiffs and Michaels regarding “reasonable measures to safeguard their financial data” is similarly fatal to their claims. (Compl. ¶ 63.) Indeed, in discussing breach of implied contract claims in the data privacy realm, the Seventh Circuit remarked that “Plaintiffs have not come forward with a single case or statute, from any jurisdiction, authorizing the kind of action they now ask this federal court to recognize as a valid theory of recovery,” and declined to such a “substantive innovation.” Pisciotta, 499 F.3d at 639-40. The MDL court in In re Zappos.com, Inc. Customer Data Security Breach Litigation likewise declined to recognize a new claim for breach of implied contract in similar circumstances: But there is no allegation of any express or implied contract. The only allegations alleged to give rise to any contract are that customers agreed to pay money for goods, and that statements on Zappos’s website indicated that its servers were protected by a secure firewall and that customers’ data was safe. The first type of contract for the sale of goods is not alleged to have been breached, and the unilateral statements of fact alleged as to the safety of customers’ data do not create any contractual obligations. In re Zappos.com, No. 3:12–cv–00325, 2013 WL 4830497, at *3 (D. Nev. Sept. 9, 2013) (emphasis added). Similarly, Plaintiffs here have not alleged any contractual obligations other than a sale of goods that was “not alleged to have been breached.” See id. There is no allegation that the parties agreed on any other terms related to the protection of the consumer’s information, and the breach of implied contract claim should be dismissed on this basis as well. Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 27 of 108 PageID #:326 18 2. Plaintiffs Fail to State a Claim for Violation of the Illinois Consumer Fraud Act, New York General Business Law § 349, and Other Purportedly Similar State Statutes.11 Plaintiffs allege that Michaels “violated 815 ILCS 505/2 [and N.Y. Gen. Bus. Law § 349] by failing to properly implement adequate, commercially reasonable security measures to protect Plaintiffs’ and other members’ private financial information.” (Compl. ¶¶ 73, 100.) The allegations fail to state a valid claim under these state laws. “Plaintiffs must prove five elements to state a cause of action under Consumer Fraud Act: (1) a deceptive act or unfair practice occurred, (2) the defendant intended for plaintiff to rely on the deception, (3) the deception occurred in the course of conduct involving trade or commerce, (4) the plaintiff sustained actual damages, and (5) such damages were proximately caused by the defendant’s deception.” Toney v. Kinsch, No. 10 C 06375, 2012 WL 567729, at *5 (N.D. Ill. Feb. 21, 2012) (internal quotation omitted).12 Because Plaintiffs cannot show that an unfair or deceptive act occurred, that there was any materially misleading communication, that Michaels had the requisite state of mind, or that Plaintiffs sustained actual damages caused by the allegedly deceptive acts, Plaintiffs’ Consumer Fraud Act (“CFA”) and General Business Law (“GBL”) § 349 claims must be dismissed. First, Plaintiffs fail to allege that a deceptive or unfair act occurred. The Illinois Supreme Court has held that “a consumer cannot maintain an [CFA] claim absent some communication 11 Plaintiffs seek to bring this action on behalf of a nationwide class. At this stage of the case, and viewing all facts in a light most favorable to Plaintiffs, Michaels has briefed this matter applying Illinois and New York law, as those laws clearly differ. Because these and other laws differ from state-to-state, Michaels reserves its rights to argue that other states’ laws should apply at later stages of this proceeding and reserves all rights to argue that the differing state laws weigh against class certification. 12 See also Stutman v. Chem. Bank, 95 N.Y.2d 24, 29 (N.Y. 2000) (three elements for GBL § 349 claim are (1) challenged act or practice was consumer oriented; (2) the act or practice was misleading in a material way; and (3) the plaintiff suffered injury as a result of the deceptive act). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 28 of 108 PageID #:327 19 from the defendant, either a communication containing a deceptive misrepresentation or one with a deceptive omission.” Ciszewski v. Denny’s Corp., No. 09 C 5355, 2010 WL 1418582 (N.D. Ill. Apr. 7, 2010) (citing De Bouse v. Bayer AG, 922 N.E.2d 309, 313 (Ill. 2009)). In Ciszewski, this Court dismissed a CFA claim where the plaintiff alleged that Denny’s failed to disclose that its foods contained high levels of sodium—because, as did the Plaintiffs in this case, the plaintiffs in that case failed to point to any particular communication he received from Denny’s. Id. at *3. Plaintiffs’ failure to identify any relevant deceptive communication made by Michaels dooms their CFA claim. Id.; see also In re Michaels Stores Pin Pad Litig., 830 F. Supp. 2d 518, 525 (N.D. Ill. 2011). Rather, Plaintiffs affirmatively plead that there was no communication from Michaels. (See Compl. ¶ 73.) And any allegation that the Company’s notifications regarding the data security incident constitute a deceptive or unfair act under the CFA likewise would fall flat. As held by this Court in Barnes & Noble, there “must be some injury beyond mere violation of the statute” in order to state a claim. See In re Barnes & Noble, 2013 WL 4759588, at *3 (rejecting argument that improper notification was sufficient to state a CFA claim). Similarly, Plaintiffs fail to allege facts showing that the allegedly omitted information would be “likely to mislead a reasonable consumer,” which allegations are necessary to their GBL claim under New York law. Oswego Laborers’ Local 214 Pension Fund v. Marine Midland Bank, 85 N.Y.2d 20, 26 (1995). Plaintiffs’ contentions are little more than “a legal conclusion couched as a factual allegation,” which courts “are not bound to accept as true” under Twombly. 550 U.S. at 555 (internal quotation marks omitted). Plaintiffs cannot be alleging that Michaels should have disclosed that it was not immune to an attack, as it strains credulity to allege that any consumer thinks that any retailer is impervious from attacks by criminals. Nor can Plaintiffs’ implication that Michaels was aware that its card processing system lacked proper Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 29 of 108 PageID #:328 20 safeguards meet the plausibility test of Twombly, as Plaintiffs allege no facts, rather than bare conclusions, that Michaels knew of any alleged vulnerability of its system. Under both Illinois and New York law, an alleged failure to perform promises made is simply a breach of contract and, without more, is not a deceptive trade practice. See, e.g., Shaw v. Hyatt Int’l Corp., 461 F.3d 899, 901 (7th Cir. 2006) (dismissing consumer fraud claim that relied on promises made on defendant’s website, and was therefore premised on breach of contract claim); Langendorf v. Conseco Senior Health Ins. Co., 590 F. Supp. 2d 1020, 1023-24 (N.D. Ill. 2008) (dismissing CFA claim because it was based on little more than an alleged breach of contract); Fleisher v. Phoenix Life Ins. Co., 858 F. Supp. 2d 290, 304 (S.D.N.Y. 2012) (“loss suffered as a result of [the defendant’s] alleged breach of § 349 must be independent of the loss alleged under the breach of contract claim”). Thus, the facts alleged by Plaintiffs cannot form the basis of a CFA or GBL claim. Second, and as discussed above in Section III.B, Plaintiffs’ allegations of harm based on an increased risk of future identity theft, costs taken to mitigate the increased risk of identity theft, and damages as a result of “overpaying” for goods and services are insufficient, as a matter of law, to allege harm. Under the CFA, Plaintiffs must allege a purely economic loss. Morris v. Harvey Cycle & Camper, Inc., 911 N.E.2d 1049, 1053 (Ill. App. Ct. 2009) (affirming dismissal where plaintiff alleged only emotional, not economic, loss). The alleged injuries suffered by Plaintiffs, including those based on the fear of future identity theft, are not the types of injuries permitted by the CFA.13 13 See, e.g., Cooney v. Chi. Pub. Sch., 943 N.E.2d 23, 31 (Ill. App. Ct. 2010) (affirming dismissal of CFA action where plaintiff alleged injury of increased risk of future identity theft and the purchase of credit monitoring services); Worix v. MedAssets, Inc., 857 F. Supp. 2d 699, 706 (N.D. Ill. 2012) (dismissing CFA claim concluding that allegations of increased risk of identity theft and cost of credit monitoring were insufficient to establish injury); In re Michaels Stores Pin Pad Litig., 830 F. Supp. 2d 518 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 30 of 108 PageID #:329 21 Nor can the allegation, as discussed above in Section III.B.3, that the allegedly deceptive conduct caused Plaintiffs’ purported injuries, save Plaintiffs’ claims. See Stutman, 95 N.Y.2d at 29; Toney, 2012 WL 567729, at *5. Under New York law, deception alone—i.e., allegations of pecuniary loss arising solely from the purchase of the product—is insufficient to state a GBL § 349 claim. See Small v. Lorillard Tobacco Co., Inc., 94 N.Y.2d 43, 56 (N.Y. 1999) (holding that there can be no GBL § 349 claim where plaintiffs allege that they never would have bought cigarettes if they had known that cigarettes were addictive). Third, Plaintiffs also have failed sufficiently to allege that the allegedly unfair or deceptive practice was intentional and inured to the benefit of Michaels. Although they make conclusory allegations, the situation here is similar to that in Richardson v. DSW, Inc., where this Court held that the plaintiff could not plead that the defendant “intentionally engaged in an unfair or deceptive act or practice” where an unknown person stole credit card information from a computer system. No. 05 C 4599, 2005 WL 2978755, at *5 (N.D. Ill. Nov. 3, 2005) (citing Parks v. Wells Fargo Home Mortgage, Inc., 398 F.3d 937, 942 (7th Cir. 2005)). The Court further held, as a matter of law, that “there is no conceivable benefit that could flow to [defendant] as a result of the fact that an unauthorized person hacked into its computers and stole purchasers’ credit information.” Id. Indeed, the suggestion that a retailer benefits from being hacked is absurd, and no facts are alleged that Michaels intentionally allowed Plaintiffs’ credit card information to be stolen from its computer system. Finally, the Complaint does not allege “fraudulent” conduct with the particularity required by the heightened pleading standard of Rule 9(b). “Because a claim for deceptive (dismissing CFA claim for failure to plead a deceptive act and holding that “Michaels is correct that Plaintiffs suffered no actual injury under the ICFA if Plaintiffs were reimbursed for all unauthorized withdrawals and bank fees and, thus, suffered no out-of-pocket losses.”). Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 31 of 108 PageID #:330 22 conduct under the ICFA sounds in fraud, Plaintiff is required to plead with particularity facts such as who made the fraudulent statements or undertook the fraudulent actions, when they were made or undertaken, and how they were made or undertaken.” Typpi v. PNC Bank, N.A., No. 13- CV-3930, 2014 WL 296035, at *9 (N.D. Ill. Jan. 27, 2014) (Bucklo, J.) (citing Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., Inc., 536 F.3d 663 (7th Cir. 2008)). Plaintiffs here provide no specificity regarding the deceptive or fraudulent conduct, and the vague allegations “devoid of names, dates or other specific information will not suffice.” See id. For all of these reasons, the Complaint should be dismissed under Rule 12(b)(6) for failure to state a claim. IV. CONCLUSION Plaintiffs’ Complaint should be dismissed. Plaintiffs lack standing under Article III to bring these claims. And even if Plaintiffs could establish standing, the Complaint fails to state a claim upon which relief may be granted. Therefore, the Complaint must be dismissed. Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 32 of 108 PageID #:331 23 Dated: May 28, 2014 Respectfully submitted, /s/Theodore R. Scarborough Scott Lassar Theodore R. Scarborough SIDLEY AUSTIN LLP One South Dearborn Street Chicago, IL 60603 Ph: (312) 853-7000 Fax: (312) 853-7036 slassar@sidley.com tscarborough@sidley.com Edward Robert McNicholas (admitted pro hac vice) SIDLEY AUSTIN LLP 1501 K Street, NW Washington, DC 20005 Ph: (202) 736-8010 emcnicholas@sidley.com Attorneys for Michaels Stores, Inc. OF COUNSEL: Michelle Hartmann SIDLEY AUSTIN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Ph: (214) 981-3300 Fax: (214) 981-3400 mhartmann@sidley.com Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 33 of 108 PageID #:332 24 CERTIFICATE OF SERVICE I hereby certify that on this day, May 28, 2014, I electronically filed the above Memorandum of Law in Support of Defendant’s Motion to Dismiss Plaintiffs’ Consolidated Class Action Complaint with the Clerk of the Court using the CM/ECF system, which will automatically send email notification of such filing to all attorneys of record. /s/ Theodore R. Scarborough Theodore R. Scarborough Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 34 of 108 PageID #:333 EXHIBIT A Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 35 of 108 PageID #:334 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 36 of 108 PageID #:335 EXHIBIT B Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 37 of 108 PageID #:336 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 38 of 108 PageID #:337 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 39 of 108 PageID #:338 EXHIBIT C Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 40 of 108 PageID #:339 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE Alabama May 8, 2013 - August 10, 2013 August 29, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4601 Montgomery Hwy Ste 400 Dothan AL 36303-1522 May 8, 2013 - July 29, 2013 1765 Montgomery Hwy S Hoover AL 35244-1215 May 8, 2013 - July 29, 2013 975 Airport Rd SW Huntsville AL 35803-1392 May 8, 2013 - July 29, 2013 6275 University Dr Ste 1 Huntsville AL 35806-1711 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 7991 Eastchase Pkwy Montgomery AL 36117-7041 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 Alaska 3090 Mountain View Dr, Ste 130 Anchorage AK 99501-3109 May 8, 2013 - July 29, 2013 8571 Old Seward Hwy Anchorage AK 99515-2015 May 8, 2013 - July 29, 2013 34 College Rd Fairbanks AK 99701-1706 May 8, 2013 - July 29, 2013 Arizona 1004 N Promenade Pkwy Ste 146 Casa Grande AZ 85194-5420 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3771 S Gilbert Rd Gilbert AZ 85296-7006 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 9470 W Northern Ave Glendale AZ 85305-1104 May 8, 2013 - July 29, 2013 35405-1814ALTuscaloosa2600 McFarland Blvd E 85308-3869AZGlendale5725 W Bell Rd 35235-3104AL 36606-3851ALMobile3250 Airport Blvd, Ste E31 86001-6372AZFlagstaff1500 Riordan Ranch St 36066-7212ALPrattville1959 Cobbs Ford Rd 85226-3192AZChandler285 N Federal St ALBirmingham5271 Hwy 280 S 35242-5315 Bessemer4817 Promenade Pkwy 35022-7305AL Birmingham1632 Gadsden Hwy 36527-8671ALSpanish Fort10200 Eastern Shore Blvd Ste 120 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 41 of 108 PageID #:340 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 6640 E McKellips Rd Mesa AZ 85215-2865 May 8, 2013 - July 29, 2013 1505 S Power Rd Mesa AZ 85206-3707 May 8, 2013 - July 29, 2013 2060 E Baseline Rd Mesa AZ 85204-6965 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 November 15, 2013 - January 19, 2014 13716 W Bell Rd Surprise AZ 85374-3804 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 7150 E Broadway Blvd Tucson AZ 85710-1405 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 August 30, 2013 - October 7, 2013 December 11, 2013 - January 18, 2014 3749 W Ina Rd Tucson AZ 85741-2001 May 8, 2013 - July 29, 2013 320 W 32nd St Yuma AZ 85364-8128 May 8, 2013 - July 29, 2013 Arkansas May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1438 Higdon Ferry Rd Hot Springs AR 71913-6419 May 8, 2013 - July 29, 2013 11400 W Markham St Little Rock AR 72211-2806 May 8, 2013 - July 29, 2013 4126 E McCain Blvd North Little Rock AR 72117-2523 May 8, 2013 - July 29, 2013 85281-2042AZTempe55 S McClintock Dr Ste 125 10106 W Happy Valley Pkwy 85029-5129AZPhoenix2766 W Peoria Ave 85705-2720AZTucson4070 N Oracle Rd 85212-3603AZMesa5020 S Power Rd 85027-3928AZPhoenix2829 W Agua Fria Fwy 85383-1216AZPeoria 85714-1165AZTucson1161 W Irvington Rd 86303-6859AZPrescott3250 Gateway Blvd Ste 504 85254-1522AZScottsdale16239 N Scottsdale Rd 85032-7725AZPhoenix4727 E Cactus Rd 85016-4140AZPhoenix1925 E Camelback Rd Ste 132 85338-1262AZGoodyear 4155 Phoenix Ave Fort Smith AR 72903-6013 85250-9519AZScottsdale8979 E Indian Bend Rd 1475 N Litchfield Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 42 of 108 PageID #:341 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE California 26503 Aliso Creek Rd Aliso Viejo CA 92656-2882 May 8, 2013 - July 29, 2013 9350 Rosedale Hwy Bakersfield CA 93312-2143 May 8, 2013 - July 29, 2013 2720 Ming Ave Bakersfield CA 93304-4431 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 351 Carmen Dr Ste A Camarillo CA 93010-6033 May 8, 2013 - July 29, 2013 2041 Dr Martin Luther King Jr Pkwy Chico CA 95928-6797 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 August 29, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 21630 Valley Blvd City of Industry CA 91789-5238 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3469 Grand Oaks Corona CA 92881-4633 May 8, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 20640 Homestead Rd Cupertino CA 95014-0451 May 8, 2013 - July 29, 2013 12100 Lakewood Blvd Downey CA 90242-2660 May 8, 2013 - July 29, 2013 7890 Dublin Blvd Dublin CA 94568-2924 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 7611 Laguna Blvd Elk Grove CA 95758-5061 May 8, 2013 - July 29, 2013 3991 Hollis St Emeryville CA 94608-3558 May 8, 2013 - July 29, 2013 CAColma4925 Junipero Serra Blvd 91911-2911CAChula Vista1242 Broadway 92019-4367CAEl Cajon2398-A Jamacha Rd 92821-6112CABrea2315 E Imperial Hwy Ste D 94014-3216 92627-3654CACosta Mesa610 W 17th St 95610-8004CACitrus Heights6120 Birdcage Centre Ln 91710-5436CAChino4020 Grand Ave 93612-3602 1551 N Victory Pl Burbank CA 91502-1647 255 W Shaw Ave Clovis CA 92243-8510CAEl Centro564 Danenberg Dr 90620-3207CABuena Park8341 LaPalma Ave 94513-5316CABrentwood5501 Lone Tree Way April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 43 of 108 PageID #:342 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 -August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 26752 Portola Pkwy Foothill Ranch CA 92610-1712 May 8, 2013 - July 29, 2013 39170 Argonaut Way Fremont CA 94538-1304 May 8, 2013 - July 29, 2013 7400 N Blackstone Ave Fresno CA 93720-4301 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2981 W Florida Ave Hemet CA 92545-3616 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3340 W Century Blvd Inglewood CA 90303-1305 May 8, 2013 - July 29, 2013 92336-5489CAFontana15228 Summit Ave 800 W Harris St Ste 26 95503-3929 95630-6404CAFolsom2715 E Bidwell St CAEureka 92025-2537CAEscondido820 W Valley Pkwy 93230-5972CAHanford 91344-5607CAGranada Hills18030 Chatsworth St 91206-4455CAGlendale219 N Glendale Ave Encinitas335 N El Camino Real 204 N 12th Ave 92024-2810CA 93117-2304Goleta CA187 N Fairview Ave May 8, 2013 - October 9, 201391316-4008CAEncino17230 Ventura Blvd 94533-6903CAFairfield1310 Gateway Blvd Hawthorne14370 Ocean Gate Ave Huntington Beach7600A Edinger Ave 90250-6732CA 95020-7075CAGilroy6745 Camino Arroyo 92832-3038CAFullerton201 Orangefair Mall 92647-3605CA April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 44 of 108 PageID #:343 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 1500 W Imperial Hwy La Habra CA 90631-6967 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1951 Foothill Blvd La Verne CA 91750-3501 May 8, 2013 - July 29, 2013 4000 Hardwick St Lakewood CA 90712-2349 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 6, 2013 December 12, 2013 - January 19, 2014 605 N H St Lompoc CA 93436-4518 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - January 20, 2014 11250 Olympic Blvd Los Angeles CA 90064 May 31, 2013 - July 29, 2013 121 General Stillwell Dr Marina CA 93933-6242 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 136 Ranch Dr Milpitas CA 95035-5101 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 15, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 729 E Huntington Dr Monrovia CA 91016-3613 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 2415 Charleston Rd Mountain View CA 94043-1629 May 8, 2013 - July 29, 2013 25686 The Old Road N Newhall CA 91381-1707 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 44-150 Town Center Way Ste B-3 Palm Desert CA 92260-2752 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 93534-653744679 Valley Central Way Lancaster CA Menifee30274 Haun Rd Mission Viejo25310 Marguerite Pkwy 92867-5107CAOrange1802 E Katella Ave 93551-3000CAPalmdale39626 10th St W Ste B 92692-2902CA 91752-4431CAMira Loma6381 Pats Ranch Rd 93021-3585CAMoorpark816 New Los Angeles Ave 95356-3125CAModesto3900 Sisk Rd Ste A1 95348-2402CAMerced655 Fairfield Dr 92584-6822CA Long Beach7340 Carson Blvd 90808-2360CA 92264-7001CAPalm Springs2465 E Palm Canyon, Bldg 3 91942-3424CALa Mesa9108 Fletcher Pkwy 92054-6342CAOceanside2649 Vista Way 738 Wall St Los Angeles CA 90014-2316 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 45 of 108 PageID #:344 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 1155 E Colorado Blvd Pasadena CA 91106-1806 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1359 N McDowell Blvd Petaluma CA 94954-1114 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 60 Gregory Ln Pleasant Hill CA 94523-3321 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 10788 Foothill Blvd Ste 103 Rancho Cucamonga CA 91730-3884 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1192 Galleria Blvd Roseville CA 95678-1950 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 937 Avenida Pico San Clemente CA 92673-3908 May 8, 2013 - July 29, 2013 3994 Clairemont Mesa Blvd San Diego CA 92117-2714 May 8, 2013 - July 29, 2013 2740 Midway Dr San Diego CA 92110-3203 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Paso Robles2055 Theatre Dr 92374-2017CARedlands27534 Lugonia Ave 94564-2227CAPinole1450 Fitzgerald Dr 93446-9629CA 95670-5659CARancho Cordova10913 Olson Dr CA 92507-09332704 Canyon Springs Pkwy 93906-2007CASalinas860 Northridge Shopping Center Riverside 95834-3604CASacramento 92505-1809CARiverside10345 Magnolia Ave 92128-4605CASan Diego12060 Carmel Mountain Rd 94061-2553CARedwood City100 Woodside Plaza 95821-6310CASacramento3400 El Camino Ave 3691 Truxel Rd 91748-1752CARowland Heights17584 Colima Rd 96003-3810CARedding1070 Hilltop Dr April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 46 of 108 PageID #:345 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 15, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 5550 Snell Ave San Jose CA 95123-1651 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2040 Tully Rd San Jose CA 95122-1300 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1750 S Delaware St San Mateo CA 94402-2651 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2775 Santa Rosa Ave Santa Rosa CA 95407-6232 May 8, 2013 - July 29, 2013 230 Town Center Pkwy Santee CA 92071-5803 May 8, 2013 - July 29, 2013 628 W Hammer Ln Stockton CA 95210-3701 May 8, 2013 - July 29, 2013 818 W El Camino Real Sunnyvale CA 94087-1153 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 4240 Pacific Coast Hwy Torrance CA 90505-5526 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1212 Irvine Blvd Tustin CA 92780-3531 May 8, 2013 - July 29, 2013 2807 Park Ave Tustin CA 92782-2711 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 31080 Dyer St Union City CA 94587-1768 May 8, 2013 - July 29, 2013 357 S Mountain Ave Upland CA 91786-7032 May 8, 2013 - July 29, 2013 93454-7808CASanta Maria1934 S Broadway 95129-5108CASan Jose1600 Saratoga Ave Ste 433 92108-1514CASan Diego1652 Camino Del Rio N 94903-3618CASan Rafael400 Las Gallinas Ave 95382-1118CATurlock3151 Geer Rd 93401-7110CASan Luis Obispo3880 Broad St Tracy2940 W Grant Line Rd 92591-4612CATemecula27471 Ynez Rd 95118-3800CASan Jose CASanta Ana 94578-3600CASan Leandro15100 Hesperian Blvd 95304-7901CA 1444 Kooser Rd 3309B S Bristol St 92704-7245 95110-2047CASan Jose561 Coleman Ave 95482-7400CAUkiah1215 Airport Park Blvd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 47 of 108 PageID #:346 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 1611 E Monte Vista Ave, Ste A Vacaville CA 95688-3107 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4850 Telephone Rd Ventura CA 93003-5234 May 8, 2013 - July 29, 2013 12353 Mariposa Rd Ste C-2 Victorville CA 92392-6014 May 8, 2013 - July 29, 2013 4248 S Mooney Blvd Visalia CA 93277-9306 May 8, 2013 - July 29, 2013 1851 University Dr Vista CA 92083-7774 May 8, 2013 - July 29, 2013 940 Lakes Dr West Covina CA 91790-2926 May 8, 2013 - July 29, 2013 6625 Fallbrook Ave West Hills CA 91307-3520 May 8, 2013 - July 29, 2013 5780 Lindero Canyon Rd Westlake Village CA 91362-4063 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1120 Harter Rd Yuba City CA 95993-2642 May 8, 2013 - July 29, 2013 Colorado 6352 S Central St Unit A Aurora CO 80016-5326 May 8, 2013 - July 29, 2013 80 S Abilene St Aurora CO 80012-1406 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 7664 N Academy Blvd Colorado Springs CO 80920-3208 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 95776-5406CAWoodland2175 Bronze Star Dr 80303-2643COBoulder4800 Baseline Rd Ste A-108 80112-3501COEnglewood9565 E County Line Rd 80108-7621COCastle Rock5650 Allen Way Ste 108 80906-2659COColorado Springs2140 Southgate Rd 95687-3507CAVacaville1051 Helen Power Dr 92887-4669CAYorba Linda23021 Savi Ranch Pkwy 80222-6613 94591-3703CAVallejo105 Plaza Dr Ste 101 80601-7000COBrighton2253 Prairie Center Pkwy 2780 S Colorado Blvd Ste 306-B Denver CO Colorado Springs CO 80922-28033040 N Powers Blvd 90605-1932CAWhittier13410 Whittier Blvd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 48 of 108 PageID #:347 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 9291 S Broadway Highlands Ranch CO 80129-5631 May 8, 2013 - July 29, 2013 441 S Wadsworth Blvd Lakewood CO 80226-3110 May 8, 2013 - July 29, 2013 5382 S Wadsworth Blvd Littleton CO 80123-2201 May 8, 2013 - July 29, 2013 205 Ken Pratt Blvd Ste 200 Longmont CO 80501-8991 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 410 Marshall Rd Superior CO 80027-8623 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Connecticut May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2091 Killingly Commons Dr Dayville CT 06241-2190 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 1520 Pleasant Valley Rd Manchester CT 06040-1637 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 79 Turnpike Sq Milford CT 06460-2758 May 8, 2013 - July 29, 2013 80021-6083COWestminster10450 Town Center Dr, Ste 400 06082-3725CTEnfield25 Hazard Ave 81505-1108COGrand Junction2464 Hwy 6 and 50 Ste E 533 S Broad St Ste E2 Avon315 W Main St 06001-3686CT Thornton931 E 120th Ave 80233-5710CO 06804-2529CTBrookfield14 Candlewood Lake Rd CO CTMansfield 80525-3021 160 River Rd, Ste A-150 Lisbon CT 0625095 Storrs Rd, Ste 1A 06351-1250 Meriden CT 06450-6661 Ft. Collins4330 S College Ave 80634-8363COGreeley4743 W 29th St Unit A 80134-4918COParker11425 S Twenty Mile Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 49 of 108 PageID #:348 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 170 Universal Dr N North Haven CT 06473-3117 May 8, 2013 - July 29, 2013 2233 Summer St Stamford CT 06905-4609 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Delaware May 8, 2013 - August 10, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 800 Centre Blvd Newark DE 19702-3213 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3080 Brandywine Pkwy Wilmington DE 19803-5026 May 8, 2013 - July 29, 2013 Florida 880 W State Rd 436, Ste 1001 Altamonte Springs FL 32714-3047 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 527 SW Pine Island Rd Cape Coral FL 33991-1962 May 8, 2013 - July 29, 2013 33426-3301FL 34613-5842FLBrooksville7131 Coastal Blvd 34207-1433FLBradenton831 Cortez Rd W 19971-6132DERehoboth Beach18902 Rehoboth Mall Blvd 19901-2008DEDover1165 N Dupont Hwy Ste 2 Boynton Beach800 N Congress Ave, Ste 1 06111-4250CTNewington196 Kitts Ln FLBrandon2564 W Brandon Blvd 8903 Glades Rd, Ste C-1 33180-1536FLAventura 33434-4023FLBoca Raton 20609 Biscayne Blvd 33511-4719 06053-1527CTNew Britain600 Hartford Rd Waterbury CT 06706-1248295 Union St 06385-4227CTWaterford915 Hartford Tpke April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 50 of 108 PageID #:349 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 9, 2013 October 17, 2013 - January 18, 2014 2631 Gulf To Bay Blvd Clearwater FL 33759-4936 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 2075 N University Dr Coral Springs FL 33071-6132 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2500 W International Speedway Blvd Ste Daytona Beach FL 32114-1119 May 8, 2013 - July 29, 2013 3701 W Hillsboro Blvd, Ste B Deerfield Beach FL 33442-9417 May 8, 2013 - July 29, 2013 1630 S Federal Hwy Delray Beach FL 33483-5030 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 5001 S Cleveland Ave Fort Myers FL 33907-1303 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 500 W 49th St, Ste B Hialeah FL 33012-3605 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2535 NE 10 Ct Homestead FL 33033-4719 May 8, 2013 - July 29, 2013 13740 Beach Blvd Ste 200 Jacksonville FL 32224-6035 May 8, 2013 - July 29, 2013 11111 San Jose Blvd Ste 31 Jacksonville FL 32223-7274 May 8, 2013 - July 29, 2013 13281 City Station Dr Jacksonville FL 32218-7228 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 14, 2013 - January 18, 2014 6001 Argyle Forrest Blvd Ste 25 Jacksonville FL 32244-6127 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 34711-6877FLClermont2315 S US Hwy 27 32003-6350FLFleming Island1993 East West Pkwy FLJacksonville9041 Southside Blvd Ste 140 32541-3402 32256-5484 FLDestin34940 Emerald Coast Pkwy Unit 130 33020-7111FLHollywood3601 Oakwood Blvd 14829 N Dale Mabry Hwy 33618-2027FLCarrollwood 33324-5849FLDavie1922 S University Dr 32608-2420FLGainesville 1712 N Federal Hwy 33305-2543FL 630 US Hwy 441 Lady Lake FL 32159-3777 Ft. Lauderdale 33837-3628FLDavenport1600 Posner Blvd 3644 SW Archer Rd 3278 N John Young Pkwy 32225-8180FLJacksonville651-800 Commerce Center Dr 34741-7549FLKissimmee April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 51 of 108 PageID #:350 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 8354 S Dixie Hwy Miami FL 33143-7714 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 2701 SW College Rd #700 Ocala FL 34474-8429 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 8081 Turkey Lake Rd Ste 400 Orlando FL 32819-7387 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 5250 Hwy 100 E Palm Coast FL 32164-2461 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 601 W 23rd St Panama City FL 32405-3922 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 7240 US Hwy 19 N Pinellas Park FL 33781-4612 May 8, 2013 - July 29, 2013 229 W Alexander St Plant City FL 33563 July 19, 2013 - July 29, 2013 12200 W Sunrise Blvd Plantation FL 33323-2227 May 8, 2013 - July 29, 2013 18700 Veterans Blvd Ste 12 Port Charlotte FL 33954-1018 May 8, 2013 - July 29, 2013 10500 Ulmerton Rd Ste 250 Largo FL 33771-3503 32763-7967FLOrange City971 Harley Strickland Blvd 32809-7628FLOrlando1766 Sand Lake Rd 34761-6901FLOcoee9649 W Colonial Dr 2253 Pine Ridge Rd Ste B Palm Harbor33561 US Hwy 19 N 34684-2600FL 33186-1871 Miami8287 W Flagler St 33144-2070FL Pensacola4721 Bayou Blvd 33809-3854 32503-2607 FLLakeland4017 N 98 FLMiami12425 SW 88th St 33026-4012FLPembroke Pines11300 Pines Blvd 32765-9137FLOviedo1115 Vidina Place Ste 145 32828-4392FL400 N Alafaya Trl Orlando Naples FL 34109-2032 FL 11240 Legacy Ave Palm Beach Garden FL 33410-3641 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 52 of 108 PageID #:351 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 5507 S Williamson Blvd Port Orange FL 32128-7370 May 8, 2013 - July 29, 2013 9646 US Hwy 19 N Port Richey FL 34668-4642 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 521 N State Rd 7 Royal Palm Beach FL 33411-3524 May 8, 2013 - July 29, 2013 107 Towne Center Blvd Sanford FL 32771-7404 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - January 18, 2014 1740 US 27 N Sebring FL 33870-1921 May 8, 2013 - July 29, 2013 310 C B L Dr St. Augustine FL 32086-5165 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1524 Governors Square Blvd Tallahassee FL 32301-3020 May 8, 2013 - July 29, 2013 11643 W Hillsborough Ave Tampa FL 33635-9736 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 6140 20th St Vero Beach FL 32966-1023 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 205 Palm Bay Rd NE Ste 141 West Melbourne FL 32904-8602 May 8, 2013 - July 29, 2013 2021 Okeechobee Blvd West Palm Beach FL 33409-4105 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Georgia May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1221 N Westover Blvd Albany GA 31707-6600 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - January 18, 2014 2625 Piedmont Rd NE Atlanta GA 30324-3011 May 8, 2013 - July 29, 2013 34987-2357FLPort St. Lucie10872 SW Village Pkwy 33544-8411FLWesley Chapel5913 Wesley Grove Blvd 32789-7313FLWinter Park501 N Orlando Ave Suite 135 30606-3334GAAthens3055 Atlanta Hwy 32940-6102FLViera2221 Town Center Ave, Ste 101 34231-4827FLSarasota6549 S Tamiami Trail 34994-9316FLStuart2500 NW Federal Hwy Sarasota127 N Cattleman Rd 33611-1402 33647-1761 34243-4743FL 3804 S Dale Mabry Hwy Ste A Tampa FL 33710-4710FLSt Petersburg2026 66th St N 30101-3940GAAcworth3335 Cobb Pkwy N Ste 500 18081 Highwoods Preserve Pkwy Tampa FL 30022-4846GAAlpharetta7491 N Point Pkwy April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 53 of 108 PageID #:352 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 211 Robert C Daniel Jr Pkwy Augusta GA 30909-0800 May 8, 2013 - July 29, 2013 916 Loganville Hwy Ste 1600 Bethlehem GA 30620 May 10, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1578 Dogwood Dr SE Conyers GA 30013-5041 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 December 12, 2013 - January 20, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 27 Hudson Plaza Fayetteville GA 30214-1658 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4668 Presidential Pkwy Macon GA 31206-8708 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 29, 2013 - October 6, 2013 October 17, 2013 - January 20, 2013 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 260 Pooler Pkwy Pooler GA 31322 May 8, 2013 - July 29, 2013 1432 Turner McCall Blvd SW Rome GA 30161-6072 May 8, 2013 - July 29, 2013 612A W Crossville Rd Roswell GA 30075-2560 May 8, 2013 - July 29, 2013 8108 Abercorn St Ste 400 Savannah GA 31406-3419 May 8, 2013 - July 29, 2013 2540 Cumberland Blvd, Ste C Smyrna GA 30080-2801 May 8, 2013 - July 29, 2013 31525-2931GABrunswick480 Glynn Isle 30114-5624GACanton1445 Riverstone Pkwy Ste 100 Cumming GABuford1705 Mall of Georgia Blvd Ste 600 30519-4982 1200 Market Place Blvd 30265-1045 30742-4025GA GA 31904-3071GAColumbus1591 Bradley Park Dr Ste C GA Fort Oglethorpe2025 Battlefield Pkwy 983 Dawsonville Hwy NW, Ste A GADouglasville9365 The Landing Dr Ste C 30501-2618 30135-7122 Gainesville Newnan575 Bullsboro Dr 30041-7923GA 860 Cobb Place Blvd, Ste 140 Kennesaw GA 30144-4864 1155 Mount Vernon Hwy Ste 150 GA 30338-5441Dunwoody 30062-6488GAMarietta4281 Roswell Rd Ste C 30141-2764GAHiram4794 Jimmy Lee Smith Pkwy Ste 112 1940 Jonesboro Rd McDonough GA 30253-5959 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 54 of 108 PageID #:353 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 1977 Scenic Hwy N Ste G Snellville GA 30078-2137 May 8, 2013 - July 29, 2013 3630 Peachtree Pkwy Ste 400 Suwanee GA 30024-1029 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1200C N St Augustine Rd Valdosta GA 31601-3534 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 Idaho May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 16474 N Marketplace Blvd Nampa ID 83687-5018 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Illinois 742 S Randall Rd Algonquin IL 60102-5915 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3131 N Clark St Chicago IL 60657-4413 May 8, 2013 - July 29, 2013 1101 S Canal St #002 Chicago IL 60607-4901 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 60108-1379ILBloomingdale402 W Army Trail Dr 60415-2609ILChicago Ridge9680 S Ridgeland Ave 61822-1238ILChampaign2109 N Prospect Ave 83404-6511IDIdaho Falls2345 E 17th St Ste B Boise8633 Franklin Rd 83843-4015IDMoscow1720 W Pullman Rd 1988 Bridgeview Blvd Twin Falls ID 83301-3079 83709-0632ID DeKalb2341 Sycamore Rd 83815-7736IDCoeur D'Alene225 W Canfield Ave Ste B 60115-2007IL 60914-4429ILBourbonnais1515 N State Rte 50 31093-2950GA2620 Watson Blvd Ste C Warner Robins 30084-5205GATucker4000 LaVista Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 55 of 108 PageID #:354 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 1206 75th St Downers Grove IL 60516-4235 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 9140 S Western Ave Evergreen Park IL 60805 July 26, 2013 - July 29, 2013 1506 S Randall Rd Geneva IL 60134-4610 May 8, 2013 - July 29, 2013 2231 Willow Rd Glenview IL 60025-7636 May 8, 2013 - July 29, 2013 6635 Grand Ave Gurnee IL 60031-4591 May 8, 2013 - July 29, 2013 180 S Mannheim Rd Hillside IL 60162-1821 May 8, 2013 - July 29, 2013 2600 N Sutton Rd Hoffman Estates IL 60192-3706 May 8, 2013 - July 29, 2013 2800 Plainfield Rd Joliet IL 60435-1167 May 8, 2013 - July 29, 2013 20505 N Rand Rd, Suite 230 Kildeer IL 60047-3004 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2374 E Lincoln Hwy New Lenox IL 60451-9533 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 200 Greenbriar Dr, Ste A Normal IL 61761-6282 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - July 29, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - January 18, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 15102 S La Grange Rd Orland Park IL 60462-3709 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 5212 N Big Hollow Rd Peoria IL 61615-3404 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1420 E Golf Rd Schaumburg IL 60173-4902 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 60546-1406ILNorth Riverside7231 W 24th St 60714-2107ILNiles7225 W Dempster St 62025-2704ILEdwardsville6639 Edwardsville Crossing Dr 60540-1001ILNaperville2768 Aurora Ave 2244 N Richmond Rd McHenry IL 60050-1423 60077-3272ILSkokie7055 Central Ave 60706-71237010 W Forest Preserve Dr ILNorridge IL 61115-1622ILMachesney Park1017 W Lane Rd 61108-25406301 E State St Rockford ILShiloh3800 Green Mount Crossing Dr 60542-6502ILNorth Aurora1780 Orchard Gateway Blvd 60543-5110ILOswego1620 Douglas Rd 62269-7286 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 56 of 108 PageID #:355 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 14, 2013 - January 18, 2014 7310 191st St Tinley Park IL 60487-9361 May 8, 2013 - July 29, 2013 701 N Milwaukee Ave, Ste 208 Vernon Hills IL 60061-1530 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 Indiana May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 6212 E Lloyd Expy Evansville IN 47715-2718 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3826 Midway Rd Goshen IN 46526-5852 May 8, 2013 - July 29, 2013 10323 Indianapolis Blvd Highland IN 46322-3509 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 8030 Hwy 31 Indianapolis IN 46227-6226 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3500 State Hwy 38 E Ste 200 Lafayette IN 47905-5165 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 6502 Grape Rd Room 730 Mishawaka IN 46545-1102 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 46229-2623INIndianapolis9835 E Washington St 47129-2391INClarksville1020 Veterans Pkwy Ste 800 46383-4425INValparaiso91 Silhavy Rd Ste 141 46410-5740INMerrillville2384 E 79th Ave 62704-6565ILSpringfield3119 S Veterans Pkwy 46123-7050INAvon10352 E US Hwy 36 5151 E 82nd St Ste 300 Indianapolis IN 46250-1625 46032-1391INCarmel14670 Greyhound Plaza 47404-4873INBloomington120 N Gates Dr 60527-5525ILWillowbrook7155 S Kingery Hwy Fort Wayne10240 Maysville Rd 46835-9590IN 46278-1338INIndianapolis5750 W 86th St 46804-6818INFort Wayne4230 W Jefferson Blvd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 57 of 108 PageID #:356 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE Iowa 1725 SE Delaware Ave Ankeny IA 50021-3936 May 8, 2013 - July 29, 2013 2515 Corridor Way Ste 4 Coralville IA 52241-2700 May 8, 2013 - July 29, 2013 4010 E 53rd St Davenport IA 52807-3033 May 8, 2013 - July 29, 2013 2455 NW Arterial Dubuque IA 52002-0492 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 30, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 5001 Sergeant Rd Ste 60 Sioux City IA 51106-4777 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Kansas 3106 Iowa St Ste 210 Lawrence KS 66046-5202 May 8, 2013 - July 29, 2013 14685 W 119th St Olathe KS 66062-8600 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 12140 Blue Valley Pkwy Overland Park KS 66213-2606 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 2040 SW Wanamaker Rd Ste 101 Topeka KS 66604-3827 May 8, 2013 - July 29, 2013 11835 E Kellogg Dr Wichita KS 67207-1939 May 8, 2013 - July 29, 2013 2441 N Maize Rd Ste 2201 Wichita KS 67205-7935 May 8, 2013 - July 29, 2013 Kentucky May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4999 Houston Rd Ste 200 Florence KY 41042-1365 May 8, 2013 - July 29, 2013 7000 John Davis Dr #200 Frankfort KY 40601-9702 May 8, 2013 - July 29, 2013 1953 Pavilion Way Lexington KY 40509-2211 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 10221 Westport Rd Louisville KY 40241-2147 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2025 Lantern Ridge Dr Richmond KY 40475-6010 May 8, 2013 - July 29, 2013 40220-1645KY 40503-3008KYLexington150 W Lowry Ln Ste 170 Louisville1955 S Hurstbourne Pkwy West Des Moines1404 22nd St 42701-8853KY 50266-1403IA Elizabethtown1990 N Dixie Ave 66212-1478KSOverland Park9290 Metcalf Ave 2313 Gary Farms Blvd 42104-4418KYBowling Green 66217-9315KS 42001-9667KYPaducah5187 Hinkleville Rd Ste A 52302-3080IAMarion Shawnee15210 Shawnee Mission Pkwy 1470 Twixt Town Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 58 of 108 PageID #:357 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE Louisiana 2643 S MacArthur Dr Alexandria LA 71301-2920 May 8, 2013 - July 29, 2013 9616 Airline Hwy Baton Rouge LA 70815-5505 May 8, 2013 - July 29, 2013 3047 E Texas Hwy Bossier City LA 71111-3207 May 8, 2013 - July 29, 2013 69290 Hwy 21 Covington LA 70433-7214 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 3425 Derek Dr Lake Charles LA 70607-7533 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - December 23, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 15, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 Maine 13 Marketplace Dr Augusta ME 04330-4637 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 29, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Maryland 2309 B Forest Dr Annapolis MD 21401-3833 May 8, 2013 - July 29, 2013 5212 Campbell Blvd Baltimore MD 21236-4983 May 8, 2013 - July 29, 2013 640 Marketplace Dr Bel Air MD 21014-4338 May 8, 2013 - July 29, 2013 4511 Mitchellville Rd Bowie MD 20716-3111 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 20, 2014 9041 Snowden River Pkwy Columbia MD 21046-1657 May 8, 2013 - July 29, 2013 4360 Montgomery Rd Ellicott City MD 21043-6006 May 8, 2013 - July 29, 2013 5541 Urbana Pike Frederick MD 21704-7325 May 8, 2013 - July 29, 2013 821 Center Point Way Gaithersburg MD 20878-5458 May 8, 2013 - July 29, 2013 71203-70034429 Pecanland Mall Dr, Ste 7 Monroe LA 70503-5301LALafayette5624 Johnston St 70058-4312LAHarvey1601 Westbank Expy, Ste C 70360-2409LAHouma1729 Martin Luther King Jr Blvd 71105-5536LAShreveport7440 Youree Dr 04074-8929MEScarborough490 Payne Rd 20619-2400MDCalifornia45045 Worth Ave 70003-5278LAMetairie 1200 S Clearview Pkwy Ste 1302 106 Shops Way Biddeford ME 04005-9436 8851 Veterans Memorial Blvd 70123-2390LAHarahan April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 59 of 108 PageID #:358 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 16 Mountain Rd Glen Burnie MD 21060-7974 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 15, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 30-36 W Ridgely Rd Lutherville-Timoni MD 21093-5112 May 8, 2013 - July 29, 2013 12641 Ocean Gateway, Ste 200 Ocean City MD 21842-9594 May 8, 2013 - July 29, 2013 9616 Reistertown Rd, Ste 125 Owings Mills MD 21117 May 8, 2013 - July 29, 2013 1509 Rockville Pike Rockville MD 20852-1601 May 8, 2013 - July 29, 2013 113 E North Point Dr Salisbury MD 21801-2283 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1238 Putty Hill Ave Towson MD 21286-5844 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 402 B Englar Rd Westminster MD 21157-4852 May 8, 2013 - July 29, 2013 Massachusetts May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 121 Pearl St Braintree MA 02184-6525 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 34 Cambridge St Burlington MA 01803-4674 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 35 Independence Way Danvers MA 01923-3626 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 Silver Spring MD 20601-2958MDWaldorf3026 Festival Way 02322-1172MAAvon15 Stockwell Dr Ste A 20906-292413850 Georgia Ave Chelmsford265 Chelmsford St 01824-2343MA 20707-5006MDLaurel14240 Baltimore Ave 17225 Cole Rd Ste 2 Hagerstown MD 21740-6901 20876-4134MDGermantown20902 Frederick Rd 02149-2428MAEverett17 Mystic View Rd 02184-7410MABraintree140 Ivory St MA 02019-3007 37 White St Cambridge 02140-1413MA 251 Hartford Ave Bellingham 7665 Arundel Mills Blvd Hanover MD 21076-1305 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 60 of 108 PageID #:359 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 9, 2013 October 17, 2013 - January 19, 2014 1246 Washington St Hanover MA 02339-1631 May 8, 2013 - July 29, 2013 88 Enterprise Rd Hyannis MA 02601-2215 May 8, 2013 - July 29, 2013 18 Water Tower Plaza Leominster MA 01453-2247 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 29, 2013 - October 6, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 16, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 201 Needham St Newton MA 02464-1505 May 8, 2013 - July 29, 2013 1385 S Washington St North Attleboro MA 02760-4404 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 729 Bridge St North Weymouth MA 02191-2139 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 211 Colony Place Rd Plymouth MA 02360-7237 May 8, 2013 - July 29, 2013 607 Broadway Saugus MA 01906-3206 May 8, 2013 - July 29, 2013 119 Main St, Ste 1 Stoneham MA 02180-3305 May 8, 2013 - July 29, 2013 9 Mozzone Blvd Unit 100 Taunton MA 02780-3795 May 8, 2013 - July 29, 2013 137 Teaticket Hwy, Ste A-13 Teaticket MA 02536-5659 May 8, 2013 - July 29, 2013 2421 Cranberry Hwy, Unit 204 Wareham MA 02571-5023 May 8, 2013 - July 29, 2013 1081 Riverdale St West Springfield MA 01089-4614 May 8, 2013 - July 29, 2013 Michigan May 8, 2013 - August 12, 2013 September 1, 2013 - October 9, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 950 E Napier Ave Benton Harbor MI 49022-3926 May 8, 2013 - July 29, 2013 8389 W Grand River Ave Brighton MI 48116 July 5, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 02747-4309MANorth Dartmouth471 State Rd 02048-1810MAMansfield280 School St Ste I 160 48187-3647 01527-2652MA MICanton41904 Ford Rd Millbury70 Worcester Providence Tpke Ste 230 48104-5250MIAnn Arbor3655 Washtenaw Ave 01201-3810MAPittsfield555 Hubbard Ave 49014-7556MIBattle Creek12765 Harper Village Dr Ste 110 1398 Worcester Rd, Unit A Natick MA 01760-1514 325 Russell St Unit B Hadley MA 01035-3535 6108 Shops Way Northborough MA 01532-3301 48101-2871MIAllen Park3220 Fairlane Dr April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 61 of 108 PageID #:360 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 475 Haggerty Rd Commerce Townsh MI 48390-3939 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4830 Wilson Ave SW Ste 400 Grandville MI 49418-3134 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 540 Frandor Ave Lansing MI 48912-5206 May 8, 2013 - July 29, 2013 416 N Marketplace Blvd Lansing MI 48917-7714 May 8, 2013 - July 29, 2013 13110 Middlebelt Rd Livonia MI 48150-2231 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 3175 US Hwy 41 W Marquette MI 49855-9494 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 4824 S Baldwin Rd Orion Township MI 48359-2115 May 8, 2013 - July 29, 2013 6601 S Westnedge Ave Portage MI 49002-3544 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 8500 26 Mile Rd Shelby Township MI 48316-5023 May 8, 2013 - July 29, 2013 49512-18063940 28th St SE Grand Rapids MI 48307-3120MIRochester Hills1260 S Rochester Rd 49424-9674MIHolland3571 West Shore Dr Chesterfield 48507-3099MIFlint3268 S Linden Rd MI 48051-204151375 Gratiot Ave 48334-1332MIFarmington Hills30867 Orchard Lake Rd 48430-3449MI 48071-1324MIMadison Heights Fenton Jackson1525 Boardman Rd 48642-8903MIMidland909 Joe Mann Blvd 48066-1140MIRoseville32078 Gratiot Ave 49202-1973MI 15110 Silver Pkwy 3437 Tittabawassee Rd Saginaw MI 48604-9489 32351 John R Rd 48377-3305MINovi43635 W Oaks Dr April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 62 of 108 PageID #:361 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 14501 Eureka Rd Southgate MI 48195-2064 May 8, 2013 - July 29, 2013 3315 N US 31 S Traverse City MI 49684-4538 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 15, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 Minnesota 14890 Florence Trl Apple Valley MN 55124-4630 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 4240 W 78th St Bloomington MN 55435-5404 May 8, 2013 - July 29, 2013 13901 Aldrich Ave S Burnsville MN 55337-6216 May 8, 2013 - July 29, 2013 3460 124th Ave NW Coon Rapids MN 55433-1002 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 203 Willow Bend Crystal MN 55428-3967 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - January 18, 2013 1267 Promenade Pl Eagan MN 55121-2293 May 8, 2013 - July 29, 2013 8565 Columbine Rd Eden Prairie MN 55344-7662 May 8, 2013 - July 29, 2013 1901 Madison Ave Ste 500 Mankato MN 56001-5414 May 8, 2013 - July 29, 2013 2980 White Bear Ave N Maplewood MN 55109-1304 May 8, 2013 - July 29, 2013 7980 Wedgewood Ln N Maple Grove MN 55369-9403 May 8, 2013 - July 29, 2013 1620 New Brighton Blvd Minneapolis MN 55413-1643 May 8, 2013 - July 29, 2013 11522 Wayzata Blvd Minnetonka MN 55305-2007 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 3215 Vicksburg Ln N Plymouth MN 55447-1317 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 55423-2316MNRichfield66 W 66th St MISouthfield28550 Telegraph Rd 55082-2189MNOak Park Heights5845 Krueger Ln N MIWoodhaven23460 Allen Rd 48183-3376 48034-7505 55449-4529MNBlaine4255 Pheasant Ridge Dr NE 48315-6102MIShelby Township13821 Hall Rd 55448-5809MNCoon Rapids44 NW Coon Rapids Blvd 60 25th St SE 55904-5557MNRochester 925 W Central Entrance Hwy 3310 Alpine Ave NW, Unit 5 Walker MI 49544-1600 55811-5469MNDuluth MITroy1205 Coolidge Hwy 48084-7012 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 63 of 108 PageID #:362 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 8051 Old Carriage Ct Shakopee MN 55379-3157 May 8, 2013 - July 29, 2013 4150 W Division St St. Cloud MN 56301-3706 May 8, 2013 - July 29, 2013 9180 Hudson Rd Woodbury MN 55125-9106 May 8, 2013 - July 29, 2013 Mississippi May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 712 Mackenzie Ln Flowood MS 39232-5008 May 8, 2013 - July 29, 2013 15136 Crossroads Pkwy Gulfport MS 39503-3565 May 8, 2013 - July 29, 2013 4400 Hardy St Hattiesburg MS 39402-1309 May 8, 2013 - July 29, 2013 175 Grandview Blvd, Ste 800 Madison MS 39110-7595 May 8, 2013 - July 29, 2013 5030 Goodman Rd Olive Branch MS 38654-7905 May 8, 2013 - July 29, 2013 Missouri May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1050 NE Coronado Dr Blue Springs MO 64014-2971 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - January 18, 2014 1519 S Brentwood Blvd Brentwood MO 63144-1406 May 8, 2013 - July 29, 2013 142 THF Blvd Chesterfield MO 63005-1123 May 8, 2013 - July 29, 2013 2001 W Ash St Columbia MO 65203-1161 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2427 N Hwy 67 Florissant MO 63033 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 8531 N Evanston Rd Kansas City MO 64157-1227 May 8, 2013 - July 29, 2013 1616 NW Chipman Rd Lee's Summit MO 64081-3934 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 39540-5370MSD'Iberville3942 Promenade Pkwy MOBallwin15425 Manchester Rd 63011-3077 64145-1670MO 63026-4013MOFenton129 Gravois Bluffs Plaza Dr 2220 Hwy K O'Fallon MO 63368-7929 55113-6000MNRoseville2100 N Snelling Ave 11945 Manchester Rd Des Peres MO 63131-4502 8551 NW Prairie View Rd MO 64153-1844Kansas City 65616-9940MOBranson1025 Branson Hills Pkwy 64801-5595MOJoplin415 S Geneva Ave Kansas City13627 Washington St April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 64 of 108 PageID #:363 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 5201 N Belt Hwy Ste 125 St. Joseph MO 64506-1256 May 8, 2013 - July 29, 2013 5796 S Lindbergh Blvd St. Louis MO 63123-6937 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 1856 Wentzville Pkwy Wentzville MO 63385-3817 May 8, 2013 - July 29, 2013 Montana May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 1601 Market Place Dr Ste 25 Great Falls MT 59404-3482 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 Nebraska 10521 S 15th St Bellevue NE 68123-4085 May 8, 2013 - July 29, 2013 3010 Pine Lake Rd Ste A Lincoln NE 68516-6018 May 8, 2013 - July 29, 2013 12404 K Plaza Omaha NE 68137-2249 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 Nevada May 8, 2013 - October 8, 2013 October 17, 2013 - January 20, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 9881 S Eastern Ave Las Vegas NV 89183-6949 May 8, 2013 - July 29, 2013 7941 W Tropical Pkwy Las Vegas NV 89149-4534 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 7321 W Lake Mead Blvd Las Vegas NV 89128-1003 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 59102-6432MTBillings 68116-8189NEOmaha3405 N 147th St 89113-4057NVLas Vegas7195 Arroyo Crossing Pkwy 63303-2724MOSt. Charles2155 Zumbehl Rd 89705-8402NV 2800 King Ave W Ste C 59808-1318MTMissoula2850 N Reserve St 63090-5284MOWashington2094 Washington Crossing 65804-3754MOSpringfield1840 E Independence St 1251 S Decatur Blvd Las Vegas NV 89102-5515 Carson City911 Topsy Ln Ste 112 537 N Stephanie St Henderson NV 89014-6613 MTBozeman2855 N 19th Ave Ste B 59718-8504 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 65 of 108 PageID #:364 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 4871 Kietzke Ln Reno NV 89509-6549 May 8, 2013 - July 29, 2013 165 Los Altos Pkwy Sparks NV 89436-7712 May 8, 2013 - July 29, 2013 New Hampshire 123 Rte 101a Amherst NH 03031-2246 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - January 19, 2014 7 Ash Brook Rd Keene NH 03431-5918 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 New Jersey 321 Bayonne Crossing Way Bayonne NJ 07002-5304 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 325 Hwy 202 Flemington NJ 08822-1730 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 07724-1883NJEatontown178 Rte 35 S 07836-4107NJFlanders30 International Dr Ste J NVNorth Las Vegas 89084-1351 03801-2802NHNewington45 Gosling Rd 86 D'Amante Dr 03079-3323 07728-4215NJFreehold4331 Route 9 6990 N 5th St 07936-3552NJEast Hanover410 State Rte 10 NHSalem290 S Broadway Ste 2 08807-3455NJBridgewater135 Promenade Blvd 03301-5759NHConcord 07020-1145NJ 11 Brickyard Square, Ste 19 Epping NH 03042-4405 Edgewater465 River Rd 03103-4035NHManchester1111 S Willow St Unit 3 07014-1900NJClifton348 State Rt 3 W 07733-2770NJHolmdel2130 State Route 35 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 66 of 108 PageID #:365 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 240 Consumer Square Mays Landing NJ 08330-3325 May 8, 2013 - July 29, 2013 1199 Nixon Dr Moorestown NJ 08057-3201 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1099 Rte 46 E Parsippany NJ 07054-2177 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - January 18, 2014 300 Nassau Park Blvd Princeton NJ 08540-5940 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 3201 Route 9 S Rio Grande NJ 08242-1006 May 8, 2013 - July 29, 2013 327 Mount Hope Ave Rockaway Townsh NJ 07866-1645 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - January 18, 2014 601 Washington Ave Ste K Stafford Township NJ 08050-2800 May 8, 2013 - July 29, 2013 1342 Hooper Ave Toms River NJ 08753-2855 May 8, 2013 - July 29, 2013 320 Marketplace Blvd Trenton NJ 08691-2107 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1701 US Hwy 22 Ste 65 Watchung NJ 07069-6500 May 8, 2013 - July 29, 2013 1660 Rte 23 Wayne NJ 07470-7516 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 New Mexico May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 New York May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1261 Niagara Falls Blvd Amherst NY 14226-1104 May 8, 2013 - July 29, 2013 08081-9749NJSicklerville463 Cross Keys Rd 07446-1605NJRamsey75 Interstate Shopping Center 87114-7016 07652-2925NJParamus240 N State Rt 17 08360-7408NJVineland3849 S Delsea Dr Ste A3 NMAlbuquerque 08902-3345NJNorth Brunswick869 Route 1 87507-2618NMSanta Fe3549 Zafarano Dr 87111-3165NMAlbuquerque 07731-3385NJHowell4785 Rte 9 N 4410 Wyoming Blvd NE 1206 New Brunswick Ave Phillipsburg NJ 08865-4124 3701 Ellison Dr NW Ste B 12205-5600NYAlbany161 Washington Ave Ext Ste 8 08096-2011NJWest Deptford2000 Clements Bridge Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 67 of 108 PageID #:366 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 240 Amsterdam Commons Amsterdam NY 12010 May 8, 2013 - July 29, 2013 4210 Veterans Memorial Dr Batavia NY 14020-1254 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 100-B Independent Way Brewster NY 10509-2368 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1740 Walden Ave Ste 200 Cheektowaga NY 14225-4925 May 8, 2013 - July 29, 2013 5055 Transit Rd Clarence NY 14221-4132 May 8, 2013 - July 29, 2013 48 Crossing Blvd Clifton Park NY 12065-4180 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 16, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 18704 Horace Harding Expy Fresh Meadows NY 11365-2716 May 17, 2013 - July 29, 2013 319 N Central Ave Hartsdale NY 10530-1811 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 614 S Meadow St Ste 300 Ithaca NY 14850-5319 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 279 E Fairmount Ave Ste I Lakewood NY 14750-1900 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - January 19, 2014 2799 Route 112 Medford NY 11763-2535 May 8, 2013 - July 29, 2013 88-5 Dunning Rd Middletown NY 10940-2218 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 4745 Commercial Dr New Hartford NY 13413-6211 May 8, 2013 - July 29, 2013 808 Columbus Ave New York NY 10025-5139 May 8, 2013 - July 29, 2013 14424NYCanandaigua320 Eastern Blvd 3117 E Main St 10547-1521NYMohegan Lake 11725-3409NYCommack50 Veterans Memorial Hwy 12401-1552NYKingston 14903-7900845 County Rte 64 Elmira NY 11030-3004NYManhasset1350 Northern Blvd 703 Frank Sottile Blvd 11746-8704NYHuntington Station350 Walt Whitman Rd 11706-5906NYBay Shore832 Sunrise Hwy 5500 Sunrise Hwy Massapequa NY 11758-5399 3675 Hempstead Tpke Levittown NY 11756-1403 12110-2806NY NY 10917-6501 Latham 27 Centre Dr Central Valley 579 Troy-Schenectady Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 68 of 108 PageID #:367 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 337 Northern Lights Plaza North Syracuse NY 13212-4130 May 8, 2013 - July 29, 2013 3610 Long Beach Rd Oceanside NY 11572-5705 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 12, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1440 Old Country Rd Ste 400 Riverhead NY 11901-2040 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 300 Hylan Dr Rochester NY 14623-4216 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 346-40 Route 25A Rocky Point NY 11778-8817 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2130 Nesconset Hwy Stony Brook NY 11790-3503 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 14618-5513NYRochester3349 Monroe Ave Spring Valley14 A Spring Valley Marketplace 10977-5209NY 10803-2710NYPelham Manor840 Pelham Pkwy 10573-6001NYPort Chester27 Waterfront Pl (Don Bosco Pl) 13219-2017NYSyracuse3483 W Genesee St 500 Greece Ridge Center Dr Rochester NY Syracuse3133 Erie Blvd E 13214-1201NY 10302-2046NYStaten Island30 Barrett Ave NY 12601-5468NYPoughkeepsie2522 South Rd 12901-6532NYPlattsburgh71 Consumer Sq 14626-2823 11374-5328Rego Park9030 Metropolitan Ave 11772-2200NYPatchogue499 Sunrise Hwy W Ste 65 12550-5007NYNewburgh1245 Rte 300 Ste 1 2795 Richmond Ave Staten Island NY 10314-5857 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 69 of 108 PageID #:368 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 2317 Vestal Pwy E Ste 10 Vestal NY 13850-1948 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 21839 Towne Center Dr Watertown NY 13601-5898 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 30, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 5106 Northern Blvd Woodside NY 11377-1733 May 8, 2013 - July 29, 2013 North Carolina May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 111-A River Hills Rd Asheville NC 28805-2550 May 8, 2013 - July 29, 2013 320 Watauga Village Dr Boone NC 28607-5263 May 8, 2013 - July 29, 2013 1455 University Dr Burlington NC 27215-8768 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 7836 Rea Road Charlotte NC 28277-6502 May 8, 2013 - July 29, 2013 4337 Park Rd Charlotte NC 28209-2233 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - January 18, 2014 8200 Renaissance Pkwy Ste 1030 Durham NC 27713-6688 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 600 SE Greenville Blvd Ste F Greenville NC 27858-6737 May 8, 2013 - July 29, 2013 2195 US Hwy 70 SE Hickory NC 28602-5163 May 8, 2013 - July 29, 2013 27410-2048NCGreensboro1616 Highwoods Blvd 11590-6625NYWestbury1280 Corporate Dr 28056-9469NCGastonia2904 E Franklin Blvd 14564-1051NYVictor40 Square Dr 5442 New Hope Common Dr 28262-8471NCCharlotte8716 JW Clay Blvd Durham 28277-9750 27707-9716NC NCCharlotte8120 Providence Rd 28314-2207NCFayetteville 27534-4327NCGoldsboro401 N Berkeley Blvd Cary NC340 Crossroads Blvd 27518-6895 2057 Skibo Rd 28704-9201NCArden5 McKenna Rd 27407-2744NCGreensboro1206 Bridford Pkwy Ste C 27529-6905NCGarner270 Shenstone Ln April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 70 of 108 PageID #:369 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 164 Grand Hill Place Holly Springs NC 27540 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 12, 2013 - January 19, 2014 1006 Shoppes at Midway Dr Knightdale NC 27545-7313 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3028 Dr Martin Luther King Jr Blvd New Bern NC 28562-5212 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 305 Town Center Loop Waynesville NC 28786-6872 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 North Dakota May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 Ohio 7405 Market Place Dr Aurora OH 44202-8760 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 24081 Chagrin Blvd Beachwood OH 44122-5512 May 8, 2013 - July 29, 2013 58078-3404NDWest Fargo1638 13th Ave E Ste 1 28405-4178NCWilmington6881 Monument Dr 28546-6653NCJacksonville1250 Western Blvd Ste J Raleigh5240 Capital Blvd 27804-2530NCRocky Mount1251 Cobb Corners Dr 44011-1655OHAvon35840 Detroit Rd 28625-2797NCStatesville216 Turnersburg Hwy 8131 Brier Creek Pkwy Raleigh 28557-4546NCMorehead City5160 Hwy 70 W Ste 400 58201-5907NDGrand Forks3861 32nd Ave S 27103-1309NCWinston-Salem1050 Hanes Mall Blvd 28387-5110NCSouthern Pines 10205 US 15/501 Unit #39 27616-2924NC 28105-6708NCMatthews10510 Northeast Pkwy NC 27617-7598 28117-8840NCMooresville590 River Hwy Ste H April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 71 of 108 PageID #:370 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 2500 N Fairfield Rd Beavercreek OH 45431-1781 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 9657 Colerain Ave Cincinnati OH 45251-2003 July 12, 2013 - July 29, 2013 9851 Waterstone Blvd Cincinnati OH 45249-8296 May 8, 2013 - July 29, 2013 700 Eastgate S Dr Ste 100A Cincinnati OH 45245-1583 May 8, 2013 - July 29, 2013 3862 Paxton Ave Cincinnati OH 45209-2399 May 8, 2013 - July 29, 2013 425 E Kemper Rd Cincinnati OH 45246-3228 May 8, 2013 - July 29, 2013 6030 Glenway Ave Cincinnati OH 45211-6318 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 697 Howe Ave Cuyahoga Falls OH 44221-4955 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 1830 Hilliard Rome Rd Hilliard OH 43026-7565 May 8, 2013 - July 29, 2013 9051 Columbus Pike Lewis Center OH 43035-9412 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 20, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 5555 Youngstown Warren Rd Ste 975 Niles OH 44446-4804 May 8, 2013 - July 29, 2013 6527 Strip Ave NW North Canton OH 44720-7095 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 OHBrooklyn4798 Ridge Rd Ste A 44144-3327 43056-1351 Reynoldsburg2766 Brice Rd 44512-4702OHBoardman365 Boardman-Canfield Rd 44060-5521OHMentor7900 Plaza Blvd Ste 140 45342-3703OHMiamisburg8111 Springboro Pike Columbus3680 Easton Market 43219-6032OH OHHeath685 Hebron Rd 43214-7509OHColumbus90 Graceland Blvd 43123-8995OH 44124-2103OHMayfield Heights1361 SOM Center Rd 45011-7956OHHamilton3455 Princeton Rd Grove City1614 Stringtown Rd 44333-4803OHFairlawn3750 W Market St Unit Y 43068-3419OH 43235-4901OHColumbus3612 W Dublin Granville Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 72 of 108 PageID #:371 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 September 1, 2013 - October 9, 2013 October 15, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 Oklahoma May 8, 2013 - October 7, 2013 October 17, 2013 - January 20, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 2200 W Memorial Rd Oklahoma City OK 73134-8010 May 8, 2013 - July 29, 2013 11119 E 71st St S Tulsa OK 74133-2550 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4927 E 41st St Tulsa OK 74135-6057 May 8, 2013 - July 29, 2013 Oregon May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1550 NW 9th St, Ste 106 Corvallis OR 97330-4513 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 6445 Keizer Station Blvd NE Keizer OR 97303-1695 May 8, 2013 - July 29, 2013 7424 S Olympia Ave 74132-1838OK 97030-7944ORGresham2101 NE Burnside St Ste 20 97005-3429 Tulsa 43615-6800OHToledo5255 Airport Hwy Toledo4622 Talmadge Rd 97086-7624ORClackamas11211 SE 82nd Ave Ste F 43623-3007OH 97006-7440ORBeaverton18069 NW Evergreen Pkwy Rossford9860 Old E US 20 520 Ed Noble Pkwy 43460-1721 73072-4875 73112-6010 97701-8492 OKOklahoma City ORBend63485 N Hwy 97 5012 N May Ave OK ORBeaverton4955 SW Western Ave Norman OH 73159-4145OKOklahoma City1441 W I-240 Service Rd 45069-2794OHWest Chester7624 Voice of America Centre Dr April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 73 of 108 PageID #:372 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3475 Crater Lake Hwy Medford OR 97504-9259 May 8, 2013 - July 29, 2013 1900 McLoughlin Blvd Ste 90 Oregon City OR 97045-1072 May 8, 2013 - July 29, 2013 11719 NE Glenn Widing Dr Portland OR 97220-9051 May 8, 2013 - July 29, 2013 12255 N Starlight Ave Portland OR 97217-7845 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 7705 SW Nyberg St Tualatin OR 97062-8443 May 8, 2013 - July 29, 2013 Pennsylvania May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 November 15, 2013 - December 23, 2013 4000 Oxford Dr Bethel Park PA 15102-1840 May 8, 2013 - July 29, 2013 740 Butler Crossing Butler PA 16001-2439 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 967 Norland Ave Chambersburg PA 17201-4204 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 104 Allan Wood Dr Conshohocken PA 19428-1135 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1150 Commerce Blvd Dickson City PA 18519-1688 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 285 Main St Exton PA 19341-3701 May 8, 2013 - July 29, 2013 751 Bustleton Pike Feasterville Trevos PA 19053-6055 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3318 Gateway St Springfield OR 97477-1054 97603-4644ORKlamath Falls1920 Austin St 19426-4917PACollegeville300 Water Loop Dr Ste 4 16066-6207PACranberry Townshi20111 Rt 19 Easton4447 Southmont Way 17011-6404PACamp Hill3415 Simpson Ferry Rd Ste 1 15601-7832PAGreensburg5280 Route 30 Ste 6 18045-4705PA 19004-242157 E City Ave PABala Cynwyd 16565-11082088 C Interchange Rd Erie PA 16602-6541PAAltoona 17013-3117PACarlisle 189 Falon Ln 230 Westminster Dr 97470-6515ORRoseburg780 NW Garden Valley Blvd Ste 170 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 74 of 108 PageID #:373 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 2424 E Lincoln Hwy Langhorne PA 19047-3048 May 8, 2013 - July 29, 2013 1127 Quentin Rd Lebanon PA 17042-6915 May 8, 2013 - July 29, 2013 115 Wagner Rd, Bldg B Monaca PA 15061-2457 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 270 S Lycoming Mall Rd Muncy PA 17756-8063 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 9739 Roosevelt Blvd Philadelphia PA 19114-1010 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 700 Settlers Ridge Center Dr Pittsburgh PA 15205-1436 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 44 Colonnade Way State College PA 16803-2309 May 8, 2013 - July 29, 2013 125 Radio Way Stroudsburg PA 18360-7911 May 8, 2013 - July 29, 2013 1030 Village Center Dr Tarentum PA 15084-3847 May 8, 2013 - July 29, 2013 17870-2402PASelinsgrove250 Marketplace Blvd 15237-3412PAPittsburgh4801 McKnight Rd 17601-6507PALancaster1645 Lititz Pike 17112-2924PAHarrisburg5125 Jonestown Rd Ste 445 19406-2327PAKing of Prussia200 W DeKalb Pike 15120-5000PAMunhall660 Waterfront Dr E 19454-1831PANorth Wales1231 Knapp Rd 475 Ben Franklin Rd S Ste 24 Indiana PA 15701-2347 PAMonroeville3759 William Penn Hwy 15146-2125 17901-4100PAPottsville7110 Fairlane Village Mall, Ste B 19064-3812PASpringfield601 W Baltimore Pike 420 Town Centre Dr Johnstown PA 15904-2856 19465-1017PAPottstown1122 Town Square Rd Ste 12 18951-2308PAQuakertown232 N West End Blvd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 75 of 108 PageID #:374 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 339 Washington Rd Washington PA 15301-2701 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 29, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2534 W Moreland Rd Willow Grove PA 19090-4001 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2700 Pleasant Valley Rd York PA 17402-9609 May 8, 2013 - July 29, 2013 Rhode Island May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 1500 Bald Hill Rd Unit C Warwick RI 02886-4259 May 8, 2013 - July 29, 2013 15 Airport Rd Westerly RI 02891 May 8, 2013 - July 29, 2013 South Carolina May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 10204 Two Notch Rd Ste 2 Columbia SC 29229-4386 May 8, 2013 - July 29, 2013 244 Harbison Blvd Columbia SC 29212-2232 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 18202-1137PAWest Hazleton276 Susquehanna Blvd 29910-6635SCBluffton30 Malphrus Rd Ste 107 240 Smithfield Crossing 18702-6839PAWilkes Barre485 Arena Hub Plaza Smithfield RI 02917-2402 18052-5119PAWhitehall1911 Whitehall Mall 29621-1312SCAnderson3521 Clemson Blvd PAWyomissing2763 Papermill Rd 19610-3328 420 Hwy 72 Byp, Ste 39A 1501 N Hwy 17 Unit A Mt. Pleasant Greenwood SC SC 29464-3342 29649-1407 20 Haywood Rd Greenville SC 29607-3826 18976-2488PAWarrington1055 Main St 02842-6355RIMiddletown1305 W Main Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 76 of 108 PageID #:375 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 7620 N Rivers Ave Ste 130 North Charleston SC 29406-4012 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 August 29, 2013 - October 6, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 120 Dorman Centre Dr Ste I Spartanburg SC 29301-2625 May 8, 2013 - July 29, 2013 1267 Broad St Sumter SC 29150-1973 May 8, 2013 - July 29, 2013 South Dakota May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Tennessee 111 Hamilton Crossing Dr Alcoa TN 37701-2263 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 6, 2013 October 16, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2626 E Stone Dr Ste 110 Kingsport TN 37660-5848 May 8, 2013 - July 29, 2013 9622 Kingston Pike Knoxville TN 37922-2387 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 57701-6100SDRapid City1707 Eglin St SCMyrtle Beach554 Seaboard St TN2215 N Gallatin Pike Rd Madison 38133-5301TNMemphis8035 Giacosa Place 29577-9732 57106-4310SD 546 John Ross Pkwy Rock Hill SC 29730-8910 37027-2973TNBrentwood8105 Moores Ln Ste 1700 37604-4108TNJohnson City3211 Peoples St Sp B Sioux Falls3801 W 34th St Ste 103 37115-2005 3621 S Houston Levee Rd Collierville TN 38017-9014 4550 Frontage Rd NW Cleveland TN 37312-2905 37421-60152200 Hamilton Place Blvd Chattanooga TN April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 77 of 108 PageID #:376 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 2615 Medical Center Pkwy, Ste 400 Murfreesboro TN 37129-2257 May 8, 2013 - July 29, 2013 719 Thompson Ln Nashville TN 37204-3624 May 8, 2013 - July 29, 2013 7657 Hwy 70 S Ste 114 Nashville TN 37221-1706 May 8, 2013 - July 29, 2013 Texas May 8, 2013 - October 8, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1108 W Arbrook Blvd Arlington TX 76015-4211 May 8, 2013 - July 29, 2013 130 Lincoln Square Arlington TX 76011 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 10225 Research Blvd Ste 2000 Austin TX 78759-5743 May 8, 2013 - July 29, 2013 3201 Bee Caves Rd Ste 112 Austin TX 78746-6696 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4450 N Dowlen Rd Beaumont TX 77706-6702 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 1151 N Burleson Blvd Burleson TX 76028-7009 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 25715 Northwest Fwy Cypress TX 77429-1047 May 8, 2013 - July 29, 2013 77840-2672TXCollege Station1505 E University Dr Ste 300 78526-3370TXBrownsville571 E Morrison Rd 78717-5903TXAustin14028 N Hwy 183, Bldg C 79606-8223TXAbilene3433 Catclaw Dr 78411-4415TXCorpus Christi4717-E S Padre Island Dr 78745-2512TX Baytown6614 Garth Rd 77706-6851TXBeaumont4150 N Dowlen Rd 77301-1051TXConroe2218 I-45 N Austin5601 Brodie Ln Ste 200 TX 2203 S Western St, Ste 600 Amarillo TX 79109 77521-8623 78738-6318TXBee Caves12770 Shops Pkwy Ste 100 75104-2142TXCedar Hill751 N US Hwy 67 38117-5702TNMemphis851 S White Station Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 78 of 108 PageID #:377 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 5500 Greenville Ave Ste 700 Dallas TX 75206-2931 May 8, 2013 - July 29, 2013 1800 S Loop 288 Ste 106 Denton TX 76205-4803 May 8, 2013 - July 29, 2013 1821 Gulf Fwy Dickinson TX 77539-3207 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 15, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 811 Sunland Park Dr El Paso TX 79912-5147 May 8, 2013 - July 29, 2013 359 Carroll St Fort Worth TX 76107-1959 May 8, 2013 - July 29, 2013 4921 Overton Ridge Blvd Fort Worth TX 76132-1910 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3906 US Hwy 377, Ste 114 Granbury TX 76048-5428 May 8, 2013 - July 29, 2013 3904 Bissonnet St Houston TX 77005-1143 May 8, 2013 - July 29, 2013 6823 Hwy 6 N Houston TX 77084-1315 May 8, 2013 - July 29, 2013 7560 Westheimer Rd Unit A Houston TX 77063-4615 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2650 Eldridge Pkwy Houston TX 77082-6874 May 8, 2013 - July 29, 2013 7630 FM 1960 W Houston TX 77070-5721 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 29, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 2005 S Main St Keller TX 76248-5122 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 6705 Slide Rd Lubbock TX 79424-1513 May 8, 2013 - July 29, 2013 2041 N Hwy 287 Ste 501 Mansfield TX 76063-8847 May 8, 2013 - July 29, 2013 520 E Expy 83 McAllen TX 78503-1615 May 8, 2013 - July 29, 2013 75254-76645301 S Beltline Rd, Ste 101 Dallas TX 78041-3008TX TX Laredo5510 San Bernardo Ave 9666 Old Katy Rd Houston TX 77055-6322 75067-2312 TXEl Paso1313 George Dieter Ste C 75040-2716TXGarland5325 N Garland Ave Lewisville2325 S Stemmons Frwy Ste 402 79936-7410 76053-4653TXHurst846 Northeast Mall Dr Irving TX7635 N MacArthur Blvd 422 W Loop 281 Ste 500 Longview TX 75605-4455 75063-7513 Katy 77494-3587TX23514 Westheimer Pkwy Humble TX 77338-356519653 US Hwy 59 78628-5332TXGeorgetown1013 W University Ave Ste 600 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 79 of 108 PageID #:378 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3001 W Loop 250 N Midland TX 79705-3252 May 8, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 3827 E 42nd St Odessa TX 79762-5947 May 8, 2013 - July 29, 2013 5730 Fairmont Pkwy Pasadena TX 77505-3906 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 8700 Preston Rd Ste 107 Plano TX 75024-3321 May 8, 2013 - July 29, 2013 May 8, 2013 - July 29, 2013 August 12, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 801 W 15th St Ste A Plano TX 75075-8838 May 8, 2013 - July 29, 2013 2717 Market Center Dr Rockwall TX 75032-6564 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 15, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 17700 San Pedro Ave, Ste 400 San Antonio TX 78232-1414 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 5347 W Loop 1604 N, Ste 103 San Antonio TX 78253-5794 May 8, 2013 - July 29, 2013 6065 NW Loop 410 San Antonio TX 78238-3339 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - January 19, 2014 76901-5612TXSan Angelo4451 Sunset Dr San Antonio17802 La Cantera Pkwy Ste 104 78664-8300TXRound Rock3021 S IH-35 Ste 190 78257-8206TX 78154-1326TXSelma8340 Agora Pkwy 77373-2925TXSpring20626 I-45 N 76092-6694TXSouthlake2901 E Hwy 114 Ste 100 19105 LBJ Fwy Mesquite TX 75150-6416 78209-8336TXSan Antonio255 E Basse Rd Ste 120 75070-3113TXMcKinney1751 N Central Expy Bldg B 75093-8207TXPlano6400 W Plano Pkwy Ste 130 77471-6333TXRosenberg23701 Brazos Town Crossing 15385 Southwest Fwy Sugarland TX 77478-3832 209 E FM 544 Murphy 75094-4023TX 77584-8082TXPearland3127 Silverlake Village Dr April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 80 of 108 PageID #:379 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 3550 S General Bruce Dr Ste A120 Temple TX 76504-5133 May 8, 2013 - July 29, 2013 3401 Mall Dr Texarkana TX 75503-2475 May 8, 2013 - July 29, 2013 4402 S Broadway Ave Tyler TX 75703-1303 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 225 Adams Dr Ste 225 Weatherford TX 76086-6724 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 19075 IH-45 S Ste 104 The Woodlands TX 77385-8748 May 8, 2013 - July 29, 2013 Utah June 14, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 215 E 12300 S Draper UT 84020-8185 May 8, 2013 - July 29, 2013 1804 N Woodland Park Dr Layton UT 84041-5639 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 321 E 1300 S Orem UT 84058-5424 May 8, 2013 - July 29, 2013 May 8, 2013 - August 12, 2013 September 1, 2013 - October 9, 2013 November 13, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 313 S River Rd St. George UT 84790-2118 May 8, 2013 - July 29, 2013 7668 S Campus View Dr West Jordan UT 84084-4316 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 84047-1804UTMidvale1128 E Ft Union Blvd 76710-5234TXWaco521 N Valley Mills Dr Salt Lake City2236 S 1300 St E Ste D-2 420 S 500 W Ste 0113 Bountiful UT 84010-7112 84106-2803UT 84341-2223UTLogan1427-B N Main St 84003-2473UT 77598-4047 245 N Meadow Ln 84098-5955UTPark City6400 N Hwy 224, Unit B 1019 W Bay Area Blvd Webster TX American Fork 76308-1633TXWichita Falls3201 Lawrence Rd Ste 150 84120-1303UTWest Valley City3061 S 5600 W 84405-3509UTRiverdale4125 Riverdale Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 81 of 108 PageID #:380 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE Vermont 324 S Main St (US Route 7 S) Rutland VT 05701-4925 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 October 15, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 Virginia May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1035 Emmet St N Charlottesville VA 22903-4834 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 4300 Portsmouth Blvd Ste 270 Chesapeake VA 23321-2156 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 90 Southgate Square Colonial Heights VA 23834-3611 May 8, 2013 - July 29, 2013 May 8, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - January 18, 2013 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 7, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 277 Burgess Rd Harrisonburg VA 22801-3718 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 31, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1019 A - Edwards Ferry Rd NE Leesburg VA 20176-3347 May 8, 2013 - July 29, 2013 4026 G Wards Rd Lynchburg VA 24502-2944 May 8, 2013 - July 29, 2013 10828 Sudley Manor Dr Manassas VA 20109-2834 May 8, 2013 - July 29, 2013 VAFairfax3089A Nutley St Fredericksburg VA 22407-11253102 Plank Rd, Ste 299 1593 Crossways Blvd 22031-1968 23320-2442VAChesapeake 22033-5179VAFairfax13061 Fair Lakes Shopping Ctr Ste 100 22044-2409VAFalls Church6330 Seven Corners Ctr 05403-5724VTSouth Burlington861 Williston Rd Ste 1 23060-4171VAGlen Allen9856 W Broad St 23059-6501VAGlen Allen9910 Brook Rd 4531 S Laburnum Ave Ste 700 Henrico VA 24073-1151VAChristiansburg140 Conston Ave 23231-2481 20155-3891VAGainesville8171 Stonewall Shops Sq 22306-2843VAAlexandria7690A Richmond Hwy 2170 Coliseum Dr Ste C Hampton VA 23666-5985 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 82 of 108 PageID #:381 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE 11607 Midlothian Tpke Midlothian VA 23113-2620 May 8, 2013 - July 29, 2013 4700 Commonwealth Centre Pkwy Midlothian VA 23112-2640 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 11630 Plaza America Dr Reston VA 20190-4700 May 8, 2013 - July 29, 2013 1357 Town Square Blvd NW Roanoke VA 24012-1611 May 8, 2013 - July 29, 2013 6717 Spring Mall Dr Springfield VA 22150-1907 May 8, 2013 - July 29, 2013 1110 Stafford Market Place Stafford VA 22556-4524 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 12, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 821 Town Center Dr Ste F Waynesboro VA 22980-9262 May 8, 2013 - July 29, 2013 5225 Settlers Market Blvd #110 Williamsburg VA 23185 May 8, 2013 - July 29, 2013 2540 S Pleasant Valley Rd Winchester VA 22601-7010 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 Washington 15600 NE 8th St Ste D-4 Bellevue WA 98008-3917 May 8, 2013 - July 29, 2013 4383 Meridian St Bellingham WA 98226-7624 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 1441 NW Louisiana Ave Chehalis WA 98532-1749 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 12, 2013 - October 8, 2013 December 11, 2013 - January 18, 2014 32061 Pacific Hwy S Federal Way WA 98003-6001 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 6803 W Canal Dr Kennewick WA 99336-7673 May 8, 2013 - July 29, 2013 20164-6614VASterling46301 Potomac Run Plaza Unit 180 22192-4687VAWoodbridge14137 Crossing Pl 98233-3219WABurlington1567 S Burlington Blvd 98027-8934WAIssaquah1802 12th Ave NW Ste A 23456-7730VAVirginia Beach1169 Nimmo Pkwy Ste 222 22180-4717 23451-6123VAVirginia Beach737 First Colonial Rd Ste 107 VAVienna311 Maple Ave E 98208-2808WAEverett1325B SE Everett Mall Way 23602-4382VANewport News315 Chatham Dr 304 Constitution Dr Virginia Beach VA 23462-3102 4919 Point Fosdick Dr NW Gig Harbor 98335-1843WA April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 83 of 108 PageID #:382 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 May 8, 2013 - August 10, 2013 September 1, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 5730 Lakewood Towne Center Blvd SW Lakewood WA 98499-3895 May 8, 2013 - July 29, 2013 May 8, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3115 Alderwood Mall Blvd Lynnwood WA 98036-4719 May 8, 2013 - July 29, 2013 May 8, 2013 - August 11, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 6, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - August 10, 2013 August 13, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 11, 2013 August 13, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 1729 S 1st St Yakima WA 98901-3745 May 8, 2013 - July 29, 2013 Wisconsin 695 Main St Brookfield WI 53005-4702 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4154 Commonwealth Ave Eau Claire WI 54701-9752 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 1060 N Port Washington Rd Grafton WI 53024-9202 May 8, 2013 - July 29, 2013 98188-370517400 Southcenter Pkwy Tukwila WA 98684-8948WAVancouver16601 SE Mill Plain Blvd 98271-4717WAMarysville16418 Twin Lakes Ave 98503-1133WALacey701 Sleater Kinney Rd SE Ste 25 98034-4201WAKirkland9755 Juanita Dr NE 98632-4679WALongview200 Triangle Center Ste 240 53209-1205WIBrown Deer9090 N Green Bay Rd 98373-3429WAPuyallup4621 S Meridian St Ste A905 WASilverdale10300 Silverdale Way NW Ste 125 98383-7990 99208-5614WASpokane7630 N Division St Ste A 99037-9544WAVeradale15521 E Broadway Ave 98409-5605WATacoma2921 S 38th St 53022-4553WIGermantownN96W 18736 County Line Rd April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 84 of 108 PageID #:383 AFFECTED U.S. MICHAELS STORES and DATES OF EXPOSURE May 8, 2013 - August 10, 2013 August 13, 2013 - October 6, 2013 October 16, 2013 - November 23, 2013 December 11, 2013 - January 18, 2014 1616 W Mason St, Ste B Green Bay WI 54303 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 4271 Lien Rd Madison WI 53704-3606 May 8, 2013 - July 29, 2013 May 8, 2013 - October 9, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3565 S 27th St Milwaukee WI 53221-1301 May 8, 2013 - July 29, 2013 May 8, 2013 - August 10, 2013 August 30, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 15500 W Beloit Rd New Berlin WI 53151-7450 May 8, 2013 - July 29, 2013 May 8, 2013 - October 7, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 11, 2013 - January 18, 2014 3707 Rib Mountain Dr Wausau WI 54401-7492 May 8, 2013 - July 29, 2013 11135 W National Ave West Allis WI 53227-3107 May 8, 2013 - July 29, 2013 West Virginia May 8, 2013 - August 10, 2013 August 13, 2013 - October 8, 2013 October 16, 2013 - January 18, 2014 May 8, 2013 - October 8, 2013 October 17, 2013 - November 24, 2013 December 12, 2013 - January 19, 2014 May 8, 2013 - August 12, 2013 August 31, 2013 - October 8, 2013 October 16, 2013 - November 23, 2013 December 12, 2013 - January 19, 2014 214 RHL Blvd South Charleston WV 25309-8262 May 8, 2013 - July 29, 2013 550 Cabela Dr Triadelphia WV 26059-1044 May 8, 2013 - July 29, 2013 Wyoming 5204 Rue Terre Cheyenne WY 82009-5068 May 8, 2013 - July 29, 2013 25403-6177WVMartinsburg222 Retail Commons Pkwy 25504-1821WVBarboursville10 E Mall Rd 53406-4900WIMount Pleasant2630 S Green Bay Rd, Ste A 54650-8526WIOnalaska9386 State Rd 16 53546-3453WIJanesville2900 Deerfield Dr Ste 4 26508-7307WVMorgantown801 Venture Dr 54913-8217WIGrand Chute4661 Associated Ct 54467-4129WIPlover1210 Commons Cir 53562-4757WIMiddleton1700 Deming Way Ste 120 April 17, 2014 www.michaels.com/mik-list Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 85 of 108 PageID #:384 EXHIBIT D Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 86 of 108 PageID #:385 27-MAY-2014 15:45 From:LC LAW LIBRARY 8473602959 To:91312B550306 STArn OF ILLINOIS COUNTY OF LAKE ) ) ss ) /fUll~ VERONICA VIDES, ET AT.., PLAINTIFFS, IN Till CIRCUIT COURT OF '11-ffi NJNETEENUI JUDTCTAT.. CIRCUIT, LAKE COUNTY, ILLINOIS MAY 2 7 Z014 Z4:(_~ CIReurr Cl..£RK vs. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 13-CH-270 I ADVOCATE HEAL TN AND HOSPITALS CORPORATION D/B/A ADVOCATE MEDICAL GROUP, DEFENDANT. Memorandum Opiniop and Onler This matter now comes before the Court on the Defendant's combined 735 ILCS 5/2- 619(a}(9} and 735 ILCS 5/2-615 motion to dismjss the Complaint filed by Plaintiffs, Veronica Vides, et al. Having heard arguments on the motion, considered the statutory authority and case law, and being fully advised in the premises, the Court now FINDS AS FOLLOWS: Background Advocate Medical Group (hereinafter ~'Advocate'') is an Illinois corporation with its principal place of business in Downers Grove, Illinois. (Compl. ~22.) Advocate is a network of affiliated doctors and hospitals that systematically and regularly conduct business in and throughout Lake County Illinois. (Compl. ~23 .) Advocate, during the regular course of its business, collected and maintained possession, custody, and control of a wide variety ofpatient's personal and confidential infonnation, including: Patients' names, addresses, dates of birth, Social Security numbers, treating physician and/or departments for each individual, their medical 1 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 87 of 108 PageID #:386 27-M~Y-2014 15:46 From:LC L~W LIBR~RY 8473602959 To:913128550306 diagnoses, medical record numbers, medical service codes, and health insurance information. (Compl. ~33.) At all relevant times. Plaintiffs were patients of Advocate. (Compl. ~32.) Advocate sto.-ed Plaintiffs' personal, private and confidential data in an unencrypted format on four laptop computers at Advocate's administrative offices inParkRidge,lllinois. (Compl. ~34.) On or about July lS, 2013, the four laptop computers containing Plaintiffs' personal and confidential information were removed from Advocates Park Ridge facility during a burglary. (Compl. ~37.) On August 23, 2013, Advocate sent out letters to affected patients, notifying them ofthe breach ofthe securjty of the system data. (Compl. ~46.) As of the cuiTent date, Advocate is unaware of the whereabouts of the four laptop computers and their respective hard drives containing the personal, private and confidential patient data. (Compl.1f38.) Plaintiffs have filed a Class Action against Defendant, Advocate, alleging six causes of action: (I) Negligence; (II) Violation of Consumer Fraud and Deceptive Business Practices Act; (lll) Invasion of Privacy by Public Disclosure of Private facts; (1 V) Consumer Fraud Act; (V) Intentional Infliction of Emotional Distress; and (VI) Injunctive Relief Plaintiffs in this action were: All persons who were, prior to July 15, 2013, (1) treated at any ADVOCATE facility and/or (2) treated by a physician, physician assistant, nurse. nurse practitioner, technician, laboratory assistant, or any other medical specialist, who was employed by and/or contracted with ADVOCA1E to provide treatment and/or care, and who was caused to provide ADVOCATE with personal, private and/or confidential information, including but not limited to names, addresses; dates of birth, social security numbers, health insurance data, medical diagnoses, diagnoses codes, and medical record numbers. (Compl. ~25.) Plaintiffs claim they suffered different types of injuries due to the security breach, including: increased risk of identity theft and/or fraud, out..of-pocket expenses incurred to z Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 88 of 108 PageID #:387 27-M~Y-2014 15:45 From:LC L~W LIBR~RY 8473502959 To:913128550305 mitigate the increased risk of identity theft and/or fraud, time lost mitigating the increased risk of identity theft and/or fraud, loss ofprivacy, and anxiety and emotional distress. (Compl. ~68.) Advocate moves to dismiss the Complaint pursuant to 735 JLCS 5/2-619(aX9) and 735 ILCS 5/2-615, asserting both lack of standing to brings the claims alleged in the Complaint and failure to state a claim upon which relief may be granted. Discussion I. Standing Section 2·619(a)(9) permits involuntary dismissal where "the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim." 735 ILCS 5/2-619(a)(9) (West 2014). Lack of standing is an "affinnative matter'' that is properly raised under section 2-619(a)(9). See Greer v. Illinois Housing Development Authority, l22111.2d 462, 494 (1988) (holding that lack of standing is an "affinnative" defense). The doctrine of standing is designed to preclude persons who have no interest in a controversy from bringing suit. The doctrine assures that issues are raised only by those parties with a real interest in the outcome ofthe controversy. Glisson v. City of Marion, 188 Ill.2d 211, 221 (1999). The general principle was set forth in Greer v. Illinois Housing Development Authority. The claimed injury, whether "actual or threatened" must be: (1) ''distinct and palpable"; (2) "fairly traceable" to the defendant's actions; and (3) substantially likely to be prevented or redressed by the grant of the requested relief. ld at 492-93. a. Increased Risk of Future Harm 3 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 89 of 108 PageID #:388 27-MRY-2014 15:46 From:LC LRW LIBRRRY 8473602959 To:913128550306 Plaintiffs argue injury in the form of increased risk of identity theft and/or fraud due to the exposure of their personal infonnation. Plaintiffs have not cited a,n Illinois decision specifically addressing the issue of standing in this circumstance. However, the Illinois Supreme Court has held that "as a matter oflaw, an increased risk of future hann is an element of damages that can be recovered for a present injury-it is not the injury itself., Williams v. Manchester, 228 Dl.2d 404, 425 (2008) (emphasis in original). Applying Williams, the federal courts have held that a plaintiff whose personal data had been compromised .. may collect damages based on the increased risk of future hann he incurred, but only if he can show that he suffered from some present injury beyond the mere exposure of his information to the public." .Rowe v. UniCare Life and Health Ins. Co., No. 09 C 2286, 2010 WL 86391, at *6 (N.D.lll. 2010). A recent decision by the United States Supreme Court appears to have addressed the issue of whether a court can confer standing based on the risk of future harm. In Clapper v, Amnesty Intern'/ USA, 133 S.Ct. 1138 (2012), the Supreme Court dismissed for lack of standing a suit brought by attorneys and organizers who alleged that their communications were likely to be monitored under a purportedly unconstitutional federal surveillance statute, given that they worked with persons likely to be targeted for surveillance. As explained in Clapper, "allegations of possible future injury are not sufficient" to establish standing. Id at 1147. The Court acknowledged that "imminence is concededly a somewhat elastic concept," but reemphasized its statements in prior cases that to confer standing the threatened injury must be "certainly impending." ld. at 1147, 1160. Employing that standard, the Clapper Court held that the threat of government interception of private communications between the plaintiffs and foreign contacts suspected of terrorism was too speculative to confer standing on the plaintiffs to challenge the law authorizing government surveillance of '(non-United States persons" because realization of 4 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 90 of 108 PageID #:389 27-MRY-2014 15:46 From:LC LRW LIBRRRY 8473602959 To:91312B550306 the harm alleged-the interception of the plaintiffs' communications with such persons-was dependent on a variety of events and actions by independent third parties that. might never come to pass. Id at 1148-50. In the present matter, Clapper compels rejection of Plaintiffs' argument that an increased risk of identity theft is sufficient to satisfY the injury-in-fact requirement for standing. Whether Plaintiffs actually become victims of identity theft as a result of the removal of the computers depends on a number of variables, such as whether their data was actually taken after the removal, whether it was subsequently sold or otherwise transferred, whether anyone who obtained the data attempted to use it, and whether or not they succeeded. Plaintiffs' Complaint provides no basis to believe that any of these events have come to pass or are imminent. Like the plaintiffs in Clapper, the hann that Plaintiffs fear is contingent on a chain of attenuated hypothetical events and actions by third parties jndependent of the defendant. Id at 1148. Although Plaintiffs do not need to show that they are "literally certain" they will be victims of identity theft and/or fraud, they have not alleged facts that would plausibly establish an "imminenf' or "certainly impending" risk that they will be victimized. Under Clapper, the mere fact that the risk has been increased does not suffice to establish standing. The Federal Courts of Appeal have examined this issue and this Court finds persuasive the reasoning in the line of cases rejecting risk of harm as an injury-in-fact in the context of data breaches. See, e.g., Reilly v. Ceridian Corp., 664 F.3d 38, 42 (3rd Cir. 2011) (finding ·pJaintiffs lacked standing because harm depended on third parties reading, copying, and understanding their personal information, intending to use such information to commit future criminal acts, and being able to make unauthorized transactions in plaintiffs' names in the future); In re Barnes & Noble Pin Pad Litig., 2013 WL 4759588, at *3 (N.D.m . 201.3) (citing Clapper and stating, 5 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 91 of 108 PageID #:390 27-M~Y-2014 15:47 From:LC L~W LIBR~RY 8473602959 To:913128550306 'Tm]erely alleging an increased risk of identity theft or fraud is insufficient to establish standing."); Hammond v. The Bank of New York Mellon Corp., 2010 WL 2643307, at *2 (S.D.N.Y. 2010) ("Plaintiffs here do not have Article III standing (i.e., there is no ''case or controversy") because they claim to have suffered little more than an increased risk of future harm :from the loss (whether by accident or theft) of their personal infonnation."); Allison v. Aetna, Inc., 2010 WL 3719243, at "'5 (E.D.Pa. 2010) (granting motion to dismiss for lack of standing because the plaintiffs "alleged injury of an increased risk of identity theft is far too speculative.~'); Amburgy v. Express Scripts, Inc., 671 F.Supp.2d 1046, 1052 (E.D.Mo. 2009) ("(P]laintiff surmises that, as a result of the security breach, be faces an increased risk of identity theft at an unknown point in the future. On the facts as alleged in the Complaint, it cannot be said that the alleged injury to plaintiff is imminent."); Hinton v. Heartland Payment Sys., Inc., 2009 WL 704139, at •t (D.N.J. Mar. 16, 2009) (sua sponte dismissing case because plaintiff's allegations of increased risk of identity theft and fraud "amount to nothing more than mere speculation."); Randolph v. lNG Life Ins. and Annuity Co., 486 F.Supp.2d 1, 8 (D.D.C.2007) ("Plaintiffs' allegations therefore amount to mere speculation that at some unspecified point in the indefinite future they will be the victims of identity theft.''); Key v. DSW. Inc., 454 F.Supp.2d 684, 689 (S.D. Ohio 2006) (''In the identity theft context, courts have embraced the general rule that an alleged increase in risk of future injury is not an 'actual or imminent' injury.")~ Bell v. Ac:xiom Corp., 2006 WL 2850042, at *2 (E.D.Ark. 2006) (rejecting plaintiff's allegation of increased risk of identity theft and stating, '"[b]ecause Plaintiff has not alleged that she has suffered any concrete damages, she does not have standing under the case-or-controversy requirement ... ). 6 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 92 of 108 PageID #:391 27-MRY-2014 15:47 From:LC LRW LIBRRRY 8473602959 To:913128550306 This Coun acknowledges the holdings of the U.S. Court of Appeals for the Seventh and Ninth Circuits finding that the mere increased risk of theft or fraud is sufficiently concrete injury-in~fact to confer standing. See P1:w.:iotta v. Old Nat'/ Bancorp, 499 F.3d 629 (7Tb. Cir. 2007); Krottner v. Starbucks Corp .• 628 F.3d 1139 (9111 Cir. 201 0). However, those cases were decided prior to Clapper. The Pisciolla court held "a threat of future harm or . .. an act which harms the plaintiff only by increasing the risk of future harm that the plaintiff would have otherwise faced, absent the defendant's actions" is sufficient to find standing. Pisciolla, 499 F.3d at 634. However. this holding did not discuss or address the requirement that a threat of harm be "imminent" or ''certainly impending". Further, the "not merely speculative" standard for injury-in-fact, set forth by Krottner, does not stand up to the reasoning and holding in Clapper. More is required under Clapper to show that an injury is certainly impending. The Court therefore finds that the increased risk that Plaintiffs will be victims of identity theft and/or identity fraud at some indeterminate point in the future does not constitute injury sufficient to confer standing. The occurrence of such future injury rests on the criminal actions of independent decision makers and the Plaintiffs' Complaint lacks sufficient factual allegations to show such future injury is imminent or certainly impending. b. Statutory violations Plaintiffs have alleged Defendants violated the Personal Information Protection Act (hereinafter ''PIP A')) by waiting six weeks to notify Plaintiffs' of the removal of the computers containing their personal infonnation instead of notifying them "immediately following discovery'' or notifying them "in the most expedient time possible and without unreasonable delay." 815 ILCS 530/lO(a) (West 2014); (Compl. ~60, 61.) A violation ofPIPA constitutes an 7 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 93 of 108 PageID #:392 27-MRY-2014 15:47 From:LC LRW LIBRRRY 8473602959 To:913128550306 unlawful practice under the Consumer Fraud and deceptive Business Practices Act (hereinafter "ICFA"). 815 ll..CS 530/20 (West 2014). Additionally, Plaintiffs allege Defendants violated the ICFA by making Plaintiffs' social security numbers available to the public when the four computers were removed from Defendant's administrative building. (Compl. ~72.) The violations of these Acts, argue Plaintiffs, constitute actual injury sufficient to convey standing. However, this argument is misplaced. Even assuming the statutes have been violated by the delay or inadequacy of Defendant's notification, breach of these statutes is insufficient to establish standing without any actual damages due to the breach. People ex rei. Madigan v. United Const. of Am., Inc., 2012 n:.. App 120308, ~15 (lst Dist. 2013). The ICFA provision cited by the Plaintiffs in their Supplemental Brief stipulates there must be damage beyond the mere violation ofthe statute. 815 ll-CS 505/IOa(c) (West 2014) (relief is granted to "[a]ny person who suffers actual damage as a result of a violation of this Act."). Accordingly, the pu11>orted untimely or inadequate notification of the security breach by Defendants is insufficient to establish Plaintiffs suffered actual injury for purposes of Article III standing. In re flames & Noble Pin Pad Litig., 2013 WL 4759588 (N.D. Dl. 2013). Thus, statutory violations by themselves are insufficient to establish standing. The Plaintiffs' Complaint must include allegations that they have been damaged by the violations to establish standing. Strautins v. Trustwave Holdings, Inc., 12 C 09115, 2014 WL 960816 (N.D. Ill. 2014); see also FMC Corp. v. Boesky, 852 F.2d 981, 998 (7th Cir.1988). The complaint fails to do so. 8 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 94 of 108 PageID #:393 27-MRY-2014 15:47 From:LC LRW LIBRARY 8473602959 To:913128550306 c. Time and Expenses Incurred to Mitigate Risk;s ofldentity Theft Plaintiffs contend they suffered injury by incuning time and expenses for creditor monitoring and incurring costs to mitigate the increased risk of identity theft and/or identity fraud. The Complaint states the Plaintiffs «suffered and will continue to suffer ... out-of-pocket expenses incurred to mitigate the increased risk of identity theft and/or identity fraud ... the value of their time spent mitigating actual or the increased risk of identity theft and/or identity fraud .... " (Compl. ~68.) This Court disagrees. Such injury does not suffice to confer standing because Plaintiffs "cannot manufacture standing merely by inflicting harm on themselves based on their fears of hypothetical future harm that is not certainly impending." Clapper, 133 S.Ct. at 1143, 1151 (rejecting respondents' alternative argument that they were suffering <~present injury because the risk of ... surveillance already has forced them to take costly and burdensome measures to protect the confidentiality of their international communications."). "[A]llowing [Plaintiffs] to bring this action based on costs they incurred in response to a speculative threat would be tantamount to accepting a repackaged version of [Plaintiffs•] first failed theory of standing." Id (citing Am. Civil Liberties Union v. Nat'/ Sec. Agency, 493 F.3d 655,656--57 (6th Cir.2007)). Lower federal courts have rejected Plaintiffs• argument in the data breach context as well. See, e.g., Reilly, 664 F.3d at 46 ("costs incurred to watch for a speculative chain of future events based on hypothetica1 future criminal acts are no more 'actual' injuries than the alleged •increased risk of injury' which fonns the basis for Appellants' claims."); Brit Ins. Holdings N.V. v. Krantz, 2012 WL 28342, at *9 {N.D. Ohio 2012) ( .. defendants' expenditure of resources to investigate the ramifications of plaintiffs' disclosure, and to purchase personal credit and identity protection services to protect against future hann, are insufl1cient to demonstrate that defendants 9 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 95 of 108 PageID #:394 27-MRY-2014 15:47 From:LC LRW LIBRRRY 8473602959 To:913128550306 suffered an actual injury-in-fact."); Giordano v. Wachovia Sec., LLC, 2006 WL 2177036, at *4 (D.N.J. 2006) ("Plaintiffs allegations that ... she will incur costs associated with obtaining credit monitoring services in order to prevent identity theft simply does not rise to the level of creating a concrete and particularized injury."). d. Anxietv and Emotional Distress For the same reasons as stated in the above section, Plaintiffs' claim of injury in the form of anxiety and emotional distress is insufficient to establish standing. Any anxiety or emotional distress suffered by Plaintiffs • is not based on an imminent threa~ but future criminal acts that are only speculative. As noted above, the anxiety or distress incurred "in response to a speculative threat would be tantamount to accepting a repackaged version of [Plaintiffs'] first failedtheoryofstanding." Clapper, 133 S.Ct. at 1143,1151. The U.S. Court of Appeals for the Third Circuit and at least one lower federal court have addressed emotional distress as an injury in fact in the context of a data breach. See Reilly v. Ceridian Corp., 664 F,3d 38, 42-43 (3d Cir.2011) (Emotional distress in the wake of a security breach is insufficient to establish standing, particularly in a case that does not involve an imminent threat to the information);/, re Barnes & Noble Pin Pad Litig., 2013 WL 4759588 (N.D. lll. Sept. 3, 2013) e[Plaintiff"s] anxiety following the security breach is insufticient to establish standing, as there is no indication there is an imminent threat of her information being used in a malicious way .... "). Thus, this Court finds no standing conferred based on anxiety or emotional distress suffered by Plaintiffs. i '----.::mz=~--. 10 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 96 of 108 PageID #:395 27-MAY-2014 15:48 From:LC LAW LIBRARY 8473602959 To:913128550306 e. I&ss ofPrivacy Injury in the fonn ofloss of privacy is insufficient to establish standing in this case. Necessary to a claim of loss of privacy is the disclosure of personal information. However, Plaintiffs have not pled any facts to support the allegations that the infonnation was disclosed_ It appears Plaintiffs seek to establish that their information was disclosed because computers were removed from Defendant's administrative offices. The inference that the data on the computers was disclosed, based on the computers themselves being remov~ from the offices, js too tenuous to support a reasonable inference that can be made in Plaintiffs' favor. Without the inference that Plaintiffs' information was disclosed at all, there is only speculation that Plaintiffs have suffered the injury of loss of privacy in this matter. In sum, Plaintiffs' Complaint does not sufficiently allege that the injury of identity theft and/or identity fraud is certainly impending. Therefore, the increased risk of such injury does not suffice to confer standing. Additionally, Plaintiffs cannot create standing by choosing to make expenditures in order to mitigate a purely speculative harm or by alleging anxiety and emotional distress based on the specu1ative harm. Further, the allegations in the complaint do not support the conclusion that any information has been disclosed. Therefore, there can be no actual injury for loss of privacy, which requires disclosure of information. Accordingly, none of Plaintiffs' claimed Injuries constitute an injury-in·fact sufficient to confer standing for Plaintiffs, negligence, violation of PIP A, violation of ICF A, invasion of privacy, and intentional infliction of emotional distress claims. 11 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 97 of 108 PageID #:396 27-MRY-2014 15:48 From:LC LRW LIBRRRY 8473502959 To:913128550305 IT. Failure to State a Claim In the alternative, Defendant argues that if Plaintiffs' assertions of various injuries are sufficient to confer standing to bring the instant causes of action, the Complaint should nevertheless be dismissed under 735 ILCS 2-615 for failure to state a claim. A section 2-615 motion does not raise affirmative factual defenses, but attacks the legal sufficiency of a complaint by alleging only defects on the face ofthe complaint. Bryson v_ News America Publications, Inc., 174 Il1.2d 77, 86 (1996). A court must detennine whether the allegations of the complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted. Id~ Urbailis v. Commonwealth Edison, 143 111.2d 458> 475 {1991). "A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover.'' Jd; Gouge v. Central Illinois Public Service Co., 144 lll.2d 535, 542 (1991). Moreover, Illinois is a fact-pleading jurisdiction. A plaintiff must allege facts sufficient to bring his or her clain1 within the scope of the cause of action asserted. Anderson v. Vanden Dorpel, 172 Il1,2d 399, 408 (1996); People ex rei. Fahner v. Carriage Way West, Inc., 88 Il1.2d 300, 308 (1981). When reviewing a motion to dismiss under 735 lLCS 2-615, "a coun must disregard the conclusions that are pleaded and look only to well-pleaded facts to determine whether they are sufficient to state a cause of action against the defendant." City of Chicago v. Beretta US.A Corp., 213 Dl. 2d 351, 368 (2004). Against this backdrop, the Court turns to each of Plaintiffs' claims to determine whether they state a claim upon which relief can be granted. 12 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 98 of 108 PageID #:397 27-MRY-2014 15:48 From:LC LAW LIBRARY 8473602959 To:913128550306 a. Negligence In Count I of the Complaint, Plaintiffs allege the following: (l) Def~mdant had a duty to securely maintain, and not disseminate Plaintiffs' personal, private and confidential health information; (2) On or about July 15, 2013, Defendant wrongfully permitted the unauthorized and unlawful disclosure ofPiaintiffs' personal, private and confidential information; and (3) As a result of Defendant's acts and omissions, Plaintiffs suffered personal and pecuniary damages. (Compl. ~49, ~54, ~55.) To succeed on their negligence claims, plaintiffs must allege and prove that (1) defendants owed a duty to plaintiffs; (2) defendants breached that duty; and (3) the breach caused injury to plaintiffs. Cooney v. Ch;cago Public Schools, 407 Ill.App.3d 358, 361 (1st Dist. 2010). Defendant argues that Plaintiffs' allegations fail to state a claim for relief inasmuch as Plaintiff fails to allege a compensable injury resulting in damage. This Court agrees. Plaintiffs argue that they have suffered a present injury and damage in the loss and disclosure of their personal data and confidential medical information, from which future damages can flow. (Pl. Brief in Resp., Pg. 9) However, even Plaintiffs' argument acknowledges that they have not suffered actual damages such as the loss of property or money but rather, if anything, alleges only that they are subject to an increased risk of identity theft and they might now have to pay for credit monitoring. In the somewhat analogous context of toxic ton liability, Tllinois courts have suggested that compensable damage requires more than an exposure to a future potential harm. See Betts v. Marwil/e Personal Injury Settlement 1'rust. 225 TILApp.3d 882, 898 (4th Dist. 1992)~ Morrissy v. Eli Lilly & Co., 76 Ill.App.3d 753, 761 (lst Dist. 1979). Indeed, the lllinois Supreme Court in Williams v. Manchester, 228 Ill. 2d 404 (2008), held a plaintiff must show "a present, actionable 13 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 99 of 108 PageID #:398 27-MAY-2014 15:48 From:LC LAW LIBRARY 8473602959 To:913128550306 injury" resulting from radiation exposure. Specifically, the Williams court stated, "[A]s a matter of law, an increased risk of future harm is an element of damages that can be recovered for a present injury- it is not the injury itself.'' ld at 425. In federal court, the Seventh Circuit conducted such an examination to determine whether Indiana negligence law suppotted allegations similar to the Plaintiffs' against a bank whose website was breached by a hacker. Pi:J'Ciotla v. Old Nat'/ Bancorp, 499 F.3d 629 (7th Cir., 2007). After finding that no Indiana case established that credit monitoring costs constituted present injury. the court found that analogous cases from other jurisdictions an "rel[ied] on the same basic premise: Without more than allegations of increased risk of future identity theft, the plaintiffs have not suffered a harm that the law is prepared to remedy." Id at 639. Like the Seventh Circuit in Pisciotta, numerous federal courts applying state law have come to the same conclusion. See, e.g., Krottner v. Starbuck-, Corp., 406 Fed.Appx. 129, 131-32 (9th Cir.2010); Amburgy v. Express Script!', Inc., 671 F.Supp.2d 1046, 1054-55 (E.D.Mo.2009); Belle Chasse Auto. Care, Inc. v. Advanced Auto Parts, Inc., 2009 WL 799760, at *3 (E.D.La. Mar. 24, 2009); Caudle v. Towers, Perrin, Forster & Crosby, Inc., 580 F.Supp.2d 273, 281-82 (S.D.N.Y.2008); Hendricks v. DSW Shoe Warehouse, Inc., 444 F.Supp.2d 775, 783 (W.D.Mich.2006); Forbes v. Wells .Parga Bank, N.A., 420 F.Supp.2d 1018) 1020-21 (D.Minn.2006). In so holding, courts have sometimes noted that plaintiffs asserting these claims "have pointed to no case decided anywhere in the country where a court allowed a negligence claim to survive absent an allegation of actual identity theft." McLoughlin v. People's United Bank, Inc., 2009 WL 2843269, at *8 (D. Conn. 2009); see also Hammond v. Bank of New York Mellon Corp., 2010 WL 2643307, at *1 (S.D.N.Y. 2010) (collecting cases). 14 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 100 of 108 PageID #:399 '. 27-MRY-2014 15:49 From:LC LRW LIBRRRY 8473502959 To:913128550305 Many other decisions have echoed this reasoning. The Oregon Supreme Court held that al1egations that did not include "actual identity theft or financial harm, other than credit monitoring and similar mitigation costs" did not allege sufficient "present injury .. under the state's "well-established negligence requirements." Paul v. Providence Health System-Oregon, 351 Or. 587, 597 (2012) (internal quotation marks and citation omitted). The District of Columbia Court of Appeals has ruled similarly, citing a significant number of analogous decisions from other jurisdictions. Randolph v. ING Life Ins. and Annuity Co., 973 A2d 702, 708 (D.C.2009) (collecting cases). In particular, the court cited Shtifran v. Harley-Davidson, Inc., 2008 WL 763177, at *3 (S.D.N.Y. 2008), in which it was noted that <'[c]ourts have un.ifonnly ruled that the time and expense of credit monitoring to combat an increased risk of future identity theft is not, in itself, an injury that the law [ofnegJigence] is prepared to remedy." This Court holds that nothing in Plaintiffs' Complaint alleges actual injury or damages. Failure to state sufficient facts to constitute a legally cognizable present injury or damage mandates dismissal of the action. Verb v. Motorola, Inc., 284 lll.App.3d 460, 471 (1st Dist. 1996). As plaintiff's claims of negligence require actual injury or damage, this Court holds Plaintiffs' negligence claim is dismissed. b. Consumer Fraud Act Plaintiffs have alleged Defendants violated the Personal Infonnation Protection Act and the IIJinois Consumer Fraud Act and claim they have or will incur economic damages as a result ofthe Defendant's acts. (Compl. ~73.) As set forth in C()()ney v. Chicago Public Schools, 401 Ill.App.3d 358 (1 81 Dist. 2010), Plaintiffs must allege actual damages to bring a Consumer Fraud Act action. See 815 ILCS 505/lOa(a) (West 2014) ("[a]ny person who suffers actual drunage as a result of a violation of 15 ""---==--- Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 101 of 108 PageID #:400 27-MRY-2014 15:49 From:LC LRW LIBRRRY 8473502959 To:913128550305 [his Act committed by any other person may bring an action against such person"); Morris v. Harvey Cycle & Camper, Inc., 392 lli.App.3d 399, 402 (1st Dist. 2009) ("[t]he failure to allege specific, a(..iual damages precludes a claim brought under the Consumer Fraud Act") . To support a Consumer Fraud Act claim, actual damages must arise from "purely economic injuries." Morris, 392 III.App.3d at 402. Plaintiffs attempt to distinguish the Cooney case from the present matter, but fail because the court in Cooney directly addressed whether an increased risk of future identity theft can serve as actual damages to support a Consumer Fraud Act claim. The court in Cooney concluded the following: In Yu v. International Busine,r;s Machines Corp., 314 Ill.App_3d 892, 247 Dl.Dec. 841, 732 N.E.2d 1173 (2000), we held that allegations of potential harm arising from a software defect were insufficient to support a Consumer Fraud Act claim, justifying a section 2-615 dismissal. Without actual injury or damage, the plaintiff's claims "constitute[d] conjecture and speculation.'' Yu, 314 Dl.App.3d at 897, 247lil.Dec. 841, 732 N.E.2d 1173. See also Williams v. Manchester, 228 Ill.2d 404, 425, 320 lll.Dec. 784, 888 N.E.2d 1 (2008) ("as a matter of law, an increased risk of future harm is an element of damages that can be recovered for a present injury-it is not the injury itself') (emphasis in original); Pisciotta v. Old National Bancorp, 499 F.3d 629, 639 (7th Cir.2007) ("[w]ithout more than allegations of increased risk of future identity theft, the plaintiffs have not suffered a harm that the law is prepared to remedy"); Morris, 392 Ill.App.3d at 403, 331 J11.Dec. 819, 911 N.E.2d 1049, citing Xydakis v. Target, Inc., 333 F .Supp.2d 686, 688 (N.D.TI1.2004) ("[t]here is no cause of action under the Consumer Fraud Act when a plaintiff alleges only aggravation and not actual damages"). Cooney v. Chicago Public Schools, 401 Ill. App. 3d at 366. Plaintiffs• argument that damages under the ICFA can be presumed from the language of the ICF A is wholly misplaced. Plaintiffs cite no authority for this proposition other than quoting the language of 815 ILCS 505/lOa(a) stating, ·~The court, in its discretion may award actual 16 _:;sa Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 102 of 108 PageID #:401 27-MAY-2014 15:49 From:LC LAW LIBRARY 8473602959 To:913128550306 econonuc damages or any other relief." However, the Plaintiff fails to recognize the significance of the first sentence of section 10a(a) which requires a per~on to suffer actual damage before bringing a cause of action. First, actual damages must be present, and then a court may award economic damages or other relief. Further, this Court is bound by decisions of the Second District appellate court holding, "damages may not be presumed under the Consumer Fraud Act.'' Duran v. Leslie Olcbmobile, Inc., 229 IJI.App.3d 1032, 1041 (2nd Dist. 1992); See Avery v. State Farm Mutua/ins. Co., 216lll.2d 100, 196 (2005) (''The language of the Consumer Fraud Act is plain. A plaintiff must prove •actual damage' betore he or she can recover under the Act."). The Cooney case also held that the purchase of credit monitoring servtces cannot establish actual damages to support an ICFA claim, citing federal authority. Cooney v. Chicago PtJblic Schools, 401 TII.App at 366; See Rawe v. UniCare Life & Health Insurance Co., 2010 WL 86391 (N.D.lll. 2010) (finding the provision of credit monitoring services by the defendants "does not resolve the question of whether credit monitoring costs are actual damages)' and finding that "the costs of credit monitoring services are not a present harm in and of themselves',); Aliano v. Texas Roadhouse Holdings LLC, 2008 WL 5397510 (N.D.Ill. 2008) (finding that the purchase of credit monitoring services does not constitute actual damages and citing district courts in Michigan, Minnesota, Ohio and New York in agreement); see also Harrts v. Wal-Mart Stores Inc., 2008 WL 5085132 (N.D.III. 2008) (rejecting claim for damages under the Credit and Debit Card Receipt Clarification Act of2007, Pub.L. No. 110--241, 122 Stat. 1565 (2008) (codified at 15 US.C. § 1681) for the cost of credit monitoring services). Thus, Counts II and IV of Plaintiffs' Compaint alleging violations of PIP A and ICF A are not viable causes of action. Plaintiffs' have not alleged actual damages arising from violations of 17 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 103 of 108 PageID #:402 27-MAY-2014 15:49 From:LC LAW LIBRARY 8473602959 To:91312B550306 ' the statutes and cannot rely on speculative future damages or presumed damages to support their claims. c. Invasion of Privacy By Public Disclosure of:erivate.Fa!ds To state a cause of action for this tort, the plaintiff must plead and prove that (l) publicity was given to the disclosure of private facts; (2) the facts were private, and not public, facts; and (3) the matter made public was such as to be highly offensive to a reasonable person. Miller v. Motorola, Inc., 202lll.App.3d 976, 978 (1st Dist. 1990). First, there is no allegation in the Complaint that Defendant disclosed Plaintitls' private information. While the Complaint alleges Defendant permitted the unauthorized and unlawful disclosure and dissemination of Plaintiffs' personal, private and confidential information, that allegation is conclusory. There are no factual allegations in the Complaint to make plausible the assertion that Defendant disclosed and disseminated Plaintiffs' private information. Rather, the Complaint alleges the computers containing the private information were removed from Defendant's administrative offices, not that Defendant disseminated it to anyone. Second, even if the Complaint sufficiently alleged dissemination, the Complaint fails to allege publicity. The tort of invasion of privacy by publication of private facts includes as an element publicity to the public at large or to so many persons that the information is certain to become public knowledge. See, e.g., Restatement (second) of Tons § 6520, comment a. lllinois courts have adopted a modification of the Restatement's definition of "pub1ic" as those with whom the plaintiff has a special relationship, making even the relatively limited disclosure particularly embarrassing or devastating to the plaintiff. Miller v. Motorola, Inc., 202 ll1.App.3d at 976-977. 18 __.....,.,., JQA Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 104 of 108 PageID #:403 27-MRY-2014 15:50 From:LC LRW LIBRRRY 8473602959 To:913128550306 Using either definition of "public'', Plaintiff fails to allege publicity. The Complaint makes no allegations about what happened to the data on the computers once _they were removed from the administrative offices. The Complaint only alleges that the "private and confidential information could have been bought and sold several times on the robust international cyber black market." (Compl 1[47.) The Complaint alleges no facts as to how many persons ever had the personaJ information and whether the persons sold the personal information to anyone, let alone whether the persons even were able to access the personal information from the computers removed. Therefore, the allegation that the removal of the computers «resulted in the public disclosure of such private information" is conclusory in that Plaintiffs allege no facts to make plausible the assertion that Plaintiffs' personal information was publicly disclosed. Without an allegation that the personal information here was disclosed to and viewed by someone unauthorized to do so> Plaintiffs have failed to state a claim for invasion of privacy. d. Intentional Infliction ofEmotional Distress To state a cause of action for intentional infliction of emotional distress, a pJaintiff must aJ1ege certain facts. First, the defendant's conduct must be tmly extreme and outrageous. McGrath v. Fahey, 126 Il1.2d 78, 86 (1988). Second, tl1e defendant either intended to inflict severe emotional distress, or knew that there was at least a high probability that the conduct would cause severe emotional distress./d Third, the defendant's conduct actually caused severe emotional distress. /d In its motion to dismiss, Defendant asserts that the facts alleged in the Plaintiffs' complaint are insufficient to satisfy the first and third elements of the tort. This court agrees. Similar to the reasoning jn Welsh v. Commomvealth Edison Co., 306 fil.App.3d 148 (lat Dist. 1999), this Court holds that Plaintiffs fail to allege facts from which a level of severity of 19 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 105 of 108 PageID #:404 27-MAY-2014 15:50 From:LC LAW LIBRARY 8473602959 To:913128550306 emotional distress could be inferred. Instead, Plaintiffs simply set forth a conclusory allegation: ''Defendant, ADVOCATE, knew or should have known that Defendant' s unauthorized dissemination of Plaintiffs' and Class Members' personal, private and confidential information would inflict upon Plaintiffs' and Class Members' severe emotional distress, which did in fact cause emotional distress to Plaintiffs.'' (Compl. ~80.) This statement in the Complaint does not support a conclusion that the emotional distress suffered was severe. ''Merely characterizing emotional distress as severe is not sufficient." Welsh, 306 lll.App.3d at 156. Plaintiffs' respond to Defendant's argument by stating that the severity of the emotional distress meets the requisite level. (Pl. Brief in Resp., pg. IS.) However, no facts are forthcoming from the Plaintiffs to support such a statement. To state an action for intentional infliction of emotional distress, the complaint must be "specific, and detailed beyond what is normally considered permissible in pleading a tort action." McCaskillv. Ban·, 92lll.App.3d 157, 158 ( 4lh Dist. 1980). No allegations of hospital care or medical care sought are made by Plaintiffs. Welsh, 306 lll.App.3d at 155. Nor are allegations made that any Plaintiffs were "afflicted with a physical or mental condition rendering him or her particularly vulnerable to emotional distress." ld Plaintiffs' failure to sufficiently allege the degree of emotional distress requires dismissal of the cause of action. ill. Economic Loss doctrine Defendant's Motion to Dismiss also asserts the economic loss doctrine as a basis to dismiss Plaintiff's tort claims pursuant to 735 ILCS 5/2-61 S. The economic loss doctrine bars recovery in tort actions solely for economic losses. In re Ill. Bell Switching Station Litig., 161 Ill.2d 233 (1994). The rationale underlying this doctrine is that tort law affords the proper remedy for loss arising from personal injury or damages to one•s property, whereas contract law 20 ·::IOQIII Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 106 of 108 PageID #:405 27-MAY-2014 15:50 From:LC LAW LIBRARY 8473602959 To:913128550306 and the Unifonn Commercial .Codc provide the appropriate remedy for economic loss stemming from diminished commercial expectations without related injury to person or property.Jd There are three exceptions to the economic loss doctrine. 'fhe first is where the plaintiff sustained personal injury or property damage resulting from a sudden or dangerous occurrence. Moorman Mfg. Co. v. Nat'/Tank Co., 91 Ill.2d 69, 86.89 (1982). Next is where the plaintiffs damages are proximately caused by a defendant's intentional, false representation. ld Finally, an exception lies where the plaintiff's damages are proximately caused by a negligent misrepresentation by a defendant in the business of supplying infonnation for the guidance of others in their business transactions. Id Plaintiffs provided no response to Defendant's argument regarding the economic loss doctrine. Certainly, it appears that none of the three exceptions apply to the Plaintiffs' case. Most ofPlaintiffs' alleged injuries are economic losses, with the exception of emotional distress. However~ as discussed above, this court does not find emotional distress to be a viable injury when it is based on a purely speculative harm. Notably, other courts dealing with data breach cases have held that the economic loss doctrine bars the plaintifrs tort claim because the plaintiff has not suffered personal injury or property damage. See, e.g., In re 1'JX Co.\·. Retail Sec:. Breach Litig., 564 F.3d 489, 498-99 (1st Cir. 2009) (applying Massachusetts law and affirming dismissal of bank's negligence claim based on economic loss doctrine because bank did not suffer property damage); see also Sovereign Bank v. BJ's Wholesale Club, Inc .. 533 F.3d 162, 175-77 (3d Cir.2008) (applying Pennsylvania law and afHnning dismissal of bank's negligence claim based on economic loss doctrine because bank did not suffer property damage); see also Cumis Ins. Society, Inc. v. BJ's Wholesale Club, Inc., 918 N.E.2d 36, 46-47 (2009) (applying Massachusetts law and affirming 21 Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 107 of 108 PageID #:406 27-M~Y-2014 15:50 From:LC L~W LIBR~RY 8473602959 To:913128550306 dismissal of negligence claim of credit unions who issued the compromised credit cards because the credit unions cannot sue in tort for purely economic losses). This Court finds persuasive the reasoning of the courts cited above. Given the nature of the injuries Plaintiffs' have claimed, the economic loss doctrine operates to bar the Plaintiffs' tort claims. Conclusion Plaintiffs' claimed injuries are insufficient to establish standing. Additionally, the Plaintiffs' causes of action in their Complaint fail to state claims upon which relief can be granted. Further, Plaintiffs cannot sustain their tort c.laims due to the economic loss doctrine. NOW, TIIEREFORE, IT IS ORDERED: Defendant's combined Motion to Dismiss pursuant to 735 ILCS 5/2-619(a)(9) and 735 n..cs 5/2-61 S is granted and Plaintiffs' Complaint is dismissed with prejudice. DATE: May27, 2014 Mitchell L. Hoffman ENTER: Mitchell L. Hoffman, Circuit Judge 22 ,e Case: 1:14-cv-00561 Document #: 53 Filed: 05/28/14 Page 108 of 108 PageID #:407