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1 NOTICE OF ENTRY OF ORDER GRANDING ARBITRATION AWARD CASE NO. 17-CV-319790

WHATLEY KALLAS, LLP Alan M. Mansfield (Of Counsel) (SBN 125998) amansfield@whatleykallas.com 16870 W. Bernardo Dr., Suite 400 San Diego, CA 92127 Tel: (858) 674-6641 Fax: (855) 274-1888 WHATLEY KALLAS, LLP Patrick J. Sheehan psheehan@whatleykallas.com 60 State Street, Seventh Floor Boston, MA 02109 Tel: (617) 573-5118 Fax: (617) 573-5090 Attorneys for Petitioners

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SANTA CLARA

KAREN DAVIS-HUDSON and SARAH DIAZ, individually and on behalf of all others similarly situated, Petitioners, v. 23ANDME, INC., Respondent.

Case No. 17-cv-319790

NOTICE OF ENTRY OF ORDER CONFIRMING ARBITRATION AWARD AND JUDGMENT

Date: February 8, 2018 Courtroom: Dept. 9

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2 NOTICE OF ENTRY OF ORDER GRANDING ARBITRATION AWARD CASE NO. 17-CV-319790

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on February 8, 2018, the court entered an order Confirming

Arbitration Award and Judgment, a true and correct copy of which is attached hereto as Ex. 1.

DATED: February 8, 2018 WHATLEY KALLAS, LLP By: /s/ Alan M. Mansfield

Alan M. Mansfield (SBN 125998) amansfield@whatleykallas.com 16870 W. Bernardo Dr., Suite 400 San Diego, California 92127 Tel: (858) 674-6641 Fax: (855) 274-1888

Attorneys for Petitioners

Exhibit 1

E-FILED2/8/2018 2:31 PMClerk of CourtSuperior Court of CA,County of Santa Clara17CV319790Reviewed By: R. WalkerEnvelope:1205407

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JUDGMENT

The Award of Robert L. Brent, Arbitrator, having been confirmed by order of this Court

on this date, and no statement of decision having been requested by any party,

IT IS ADJUDGED that Judgment is to be entered confirming the Settlement Approval

Order and Final Award of Robert L. Brent, Arbitrator dated November 15, 2017, attached hereto

Thomas E. Kuhnle

ORDER GRANTING PET. TO CONFIRM CONTRACTUAL ARBITRATION AW ARD & ENTERING JUDGMENT

EXHIBIT 1

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BEFORE THE AMERICAN ARBITRATION ASSOClA TION

KAREN DAVIS-HUDSON and SARAH DIAZ, individually tmd an behalf of all others similarly sl!uated,

Claimlmts,

v.

23ANDME, INC.,

Respondent

AAA CASE NO. 74-20.1400-0032

CLASS ACTION RU.

[Pim.I SlllbJ SETTLEMENT APPROVAL ORDER.AND FINAL AWARD

Hon. Robert L. Brent, Arbitrator

9 This motion hllvillg been brought befOl!e the Arbitrator by the Class Represeuiatlves I

10 through Class Counsel, pursmmt to Rules 7 and 8 of the Supplementai;y AAA Rules fur Class

11 Al'bitramn ("S~ntary Rules"}, fur a SOO!ement Approval Order and Fiv!al Award of the

12 settlement wlth Respondent 23andMe, Inc. ("2311;ndMe"), and the xppllcatm of Class Coutlllel fur

13 ~nt of attorneys' ms nnd reimbursement of rensonable litigation expensllll, and incentive

14 awards to the Claimants {to~ther, the "Motion"); and the Al'bilrator, havillg 111v!ewnd the

15 mbmissions of the Pllrties and 111! purpomid 1:nenun> of the Settlement Class, hamg held a

16 bearing 011 November 2017, and hllvil:ig follnd lhat the Parties are l.'!ll.litled t-0 the relief they seek

17 fur the rens01lS stated on the record dllril:ig the hearlllg on the Motion hllsed upon !he suhmissioo of

18 the Parties, and for good cat1se shuwu, the Arbilrator makllll the fJ:)Jluwmg tiudlllgs:1

19 L

:W Prellmmary Approval ~ da1!34 August 16, :WI 7 (~tt:liiiloont Notice"). Sooh Sett:liiiloont Notice

::n has been provided .in an adequate and auffit:ilent 11111.1l11er, constitutes the best ootioo practicable

llnder the olroumslm!Ces, and satisfies the requiremenlll of due process, Rule 6 of the

23 Supplelnentary Rules, and any other applillable laws. The Settlement Nmk:e apprised the mel!Drs

24 of the Settlement Clllss of the pendi:lney of the lillgatloo, of all matinial elements of the proposed

25 se1tlement, of the effect Oll the members of !he Settlement Clai!S, and of thelr opportunity to

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1 Except as otherwise spec!i:led herein, all def111ed ter111s set forth in tlli& Order shall have the same meanit1g u that set forth Jn. the Settlement A;r11em11nt, 11;nd ru:e b:orp!lr!lted herein.

·l· [PROPOSED] SETTLBMENT APPROVA._L_O_!RD_· -ER-AND FINAL JUDC!MENT

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opt out of the Settlement Class, and of their opportunity to opt out of the settlement, to object to

the settlement, and to appear a.t the fuliU apptoval hearing. Full opportunity lias been afforded to

Class Members to participate in the final approval hearing. Aceordingly, the Arhitra.tor

dotermines !bat 1111 Class Members are bound by thb Settlement Approval Order and Final Award.

2. The Settlement A11reement was arrived at after extensive arm's-length negotiations

eondui::ted in good faith by Class Counsel and. coum;el fur 23aodMe in the above-captioned action,

WMh inc.ludcd an in-person mediation session bef01'e David Gerone:mus on January 26, 2016 and

wllh the Honorable Carl West (ret.) on June 2, 2017, wllh subsequent follow-up negotbtions after

that mediations during which the term$ of the Settlement Agreement were extensively debated aod

negotiated.

3,

damages, as to whleh the.ii are substauriat grounds for dlffexences of opiaicn llli> to how liablllty

wonld be de1mmined and how daniages woold be calculated.

4,

alleged by Settlement Clan 11;Je1nllers in ·light of the compl0ldty, expe;i:me, and duralioll .of the

litigation, and the risks inbetet'lt · and Involved in estl'lbllshit:tij liability and damages, and l.n

1tiaintairlh:i.g the class action throlljh ttial and appeal

5.

Agteemllnt is the result of arm's-leogth ~1ions ll!JppOrt the finding that the setdeme11t is fl\ir,

teru1onab!e, and adequate.

7.

Agreeroom cormtitute filir competisatloo fur daniages incurred given in exchange for the releases

set forth in the Settlenlent Agreement attd as detl'liled he~ln.

proper, the Arbitrator ha11 jurladiction w approve the Settl!iimcnt Agreement. including all Exhibits

thereto, and the Arbinmot haa jllrlsdiction to enter tliis Settlement Approval Order and Finlll

Awaro. 9. The Parties to the SettlelU!lnt Agreement have subrnll:llxl w the jllrladicmn of lhls

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1 Arbitrator j\:n' any action, proceeding, or dispute arising out of lhe Settlement Agreement. It is in

2 the best interests of the P artie11 and the members of the Settlement Cla!l!I, and consistent witll

3 principles of economy, !hat any dlspute between any member of the Settlnn1ent Class (lnclru:llng

4 any dispute as to whether any person is a Class Member) and aey of the Re lllased Parties that in

5 aey way 1"elatlls to the applicabilily or soope of lhe Settlement Agreement or of this Settlllment

6 Approval Order aml Final A ward, should be prelle:nted excll.wively to the Arbitrator fur rel!oluiion

7 by the Arbitrator,

g Based opon the foregoing fmdlngs, and all of the evidence presented ill the record, IT IS

9 HEREBY ORDERED AS }'QLLOWS:

IO L The Settlenlent Agreement submitted with the Moti!'ln is fimilly approved as fair,

u reasonable, adequaw, just, and in the b!'lst inwrests of the Settlement Clruls, and the Parties are

12 !1ert1by directed to OOllllUllllllll.te the Settlnment Agreement and provide the relil!f described ill the

l3 Settlllm<int A1i1reement in accordance with the terms of the Settlnment A!f,reement In particular,

14 the payment of the Cash Comptmsation and th!'! provWon of C11trtifi¢ate C~lt!l11tion required by

15 tl:te Settlement Agreenwl!t shall be the melllll! thron$1:1 wblch members of the SettleID<i!llt Clruls are

16 paid c~nsatory da~s by 23andMe pur$11llnt ro the Final Aw<ird.

2. The Arbitrator fmds thllt . the oijectm to the settlement do not estahllllh that fu.:i

18 S&ttlenwnt is mfair, lll'lrmlO!l!\blc, inadequare, or $hould otherwise not be approved, and 01-e

19 hereby overruled. Settlellllltnt Class Memhe~a who did not tlmely flkl and sl'lrve ll1'l ollitWt!oo to the

20 settlement in writillg pnrsllllnt to the Settlement A!f,reemem are ooemed to hive waived llllY

21 objection through any Petitirm to V1111tate, collawa.1 attaek,or otherwise.

22 3. Sued llt'lO!l the submissions of the Patties, the Arbitr11tor flnclly finds as to the

23 Sett1'lmoot Clllss for pt.ttposes of setllemem only thllt: (a) the nwmbers of the Settlement Clruls 11re

24 so mimerol.lll as to make joinder of tbem impr1111tticable; (b) there are questions of law and filct

ooimnon to the Settlnrnent Clllss, lllld such quastions predominate over any q;iestions affectlng

26 only individual members of the Settlement Clruis; (c) the Cmss Represl.lntl\l:i\fes' cl!!ims and the

27 dllfouses asserted thereto are typical of the clail:llll of the members of th!'! Settlnment Class and the

28 defenses as8erted thereto; {d) the Cius Represelltl\tives lllld Class Counsel haw fairly and ~3"

l adequately protected the Interests of the members of the Settlement Class lhroughm1t thls a<.1:ioo;

2 and ( e) a class action is superior to all other available methods for fairly and effJCiently resolvJng

3 thls action, coo;;idering: (i) the Interests of the members of the Settlement Class in individua!ly

4 c01!lroHing the prcseeution of separate actions; (b) the extent and nature of the litigation

5 c01icernilig the controversy already comn1imced by the members of the Settlement Class; (iii) the

6 desirabliity and wdesirability of concentrating the lit•tioo of tbese claims in a particular forum;

7 and (iv} the dif&ulties likely to be encooutered m the management of a class action. The

8 Arbitrator coofim:ts these previous :t'lndings based on the record submitted to the Arbitrator and

9 affim:ts cerl:ification of tbe Settlement Class.

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11 action, for purposes of settlement, as brougbi on behalf of all pumius residing in the UnitOO States

12 of America who porchased for pu.rsonal use a PGS Kit from tbe 2'.!andMe hatween Ocrober 16,

13 2007 and November 22, 2013 ("Class Period") other than for purpose.~ of resale or distribution or

14 to provide to third parties for purpoaes of reooarch or education. Excluded ft0111 the S(lttlement

15 Class ru:e (l) employees of 23andMe, including their current or former dii-eotors, offroers and

l6 GOO!l!!e~ (2) lll1Y entity that has a controlling mterest in 23andMe; (3) 23lllldMtl's affiliates and

17 l!ubsidll!des; and ( 4) the arbitrntor ro whom tlrril; case is assigned and any member of the

18 arbitrator's Immediate family. Further excluded from the S!iittlement Class are the Released

19 Pei:sons. S11ittlement Class Mmibers woo exclude tbemKma fttlrn the Settlement, plll'SIWlt to tbe

20 procedures set furth In Section 9 of the Settlement Agreement, sooll no ~ tl1ereafte:r be

21 Settlen111nt Class Mmibera and shl!ll not be btllill!d by tills Settlement Agreement and shall not oo

22 eligible to wake a clab11 for lilly beneflt. wder thlil terms of this Settlement Agreeme1li.

23 5. The Arbitrator blly 11pprt1Ves the Clsss Representatives as r<ipresootatives of the

24 Settlement Class, and finds tbet the Class fulpresentatil'elil adequately represented the Settlement

25 Class for purpuses of entering into 11t1d implementing the Settlement Agreement.

26 6. The Arbitrator b!ly deaptes Claas Coumiel as GO\lllSO! fur the Settlement Class

27 for tbe sole purpuses of the settlemem, and firub that Class ColJ!lllel adequate.ly represented the

28 Settlement Cktss for 1,1mposes of entering lnto and .iinplement:!ng the Seittlement Agr<!l'}ment. -4·

l 7. The proposed attorneys' fee and expense award to Class Counsel in the amount of

2 $2,250,000 is hereby approved as reasmJ11ble. Such fees and expeJJses shall be paid pursuant to

3 the tenns of the Settlement Agreement,

4 8. The Arbitrator also approves incentive awal'ds of $10,000 each to the two Class

5 Representatives. Such incentive awards shall he paid pursuant to the hlroos of the Settlement

6 Agreement.

7 9. All claims in the Demand other !him (5) B.reach of the Implied Wan:anty of

g Merchenmbility and (6) Breach of the Implied Warranty of Fitness for a Partieular Purpose are

9 hereby dismissed on the merits with prejudice, effective immediately, consistent with the terms of

10 the Settlement Agreenmnt. The Demand' s claims for ( 5) Breach of the Implied Warranty of

u Merchantability and ( 6) Breach of the Implied Warranty of Fitness for a Particular Purpose are

12 hereby dil;missed on the merits with prejudice, effective itnmedilltely upon the 23andMe's

13 payment of all valid and timely claims for the Cash Compensation and C!i!rtiful!re Compensation,

14 commtem 'lv!lb the rerms of tlte Settle1nent Agreement. !f this Award ls snb!iequentl,y vacatl.ld or

15 not confinned, thil; provi&km shall be of 110 fotcl:> and 1t1ffect and shall m.itomatically be vacated.

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l 7 Set!llllrnent. Approval Order 1111d Fian! Award have oocn. agt:eed to ha binding on 11ll 1lllliills her1.1to,

ll! and l!hal! he bindb:ig on, and l!hall have rr1U1 .fudkata and preelusivlil e!l\:lct in, any pendilig or future

19 arbitrations maintalm:d by !be named Clainiants and each Se!!henent Class Member, as well as

2-0 their respective heir!I, beneficiaries, adn:tlu!sttators, auccesllora, and ruisigns, ll!IS!ertmg tbl.l. claims

21 subject ro the Rel!llases set forth in the Settlement Agrel.ll!'lllnt. This Settlenlllnt Approval Order

22 and Final A ward and the Settlement Agreement may be filed in any setlon assertllli the claims

sul:iiect to the Releases set forth in the Settlaraent Aareecinem to support any ®fense or

24 coonterc.la:im, inclnding, wilhmit limilatiO!l, thOS@ hasl!ld on princjples of r(l:s judicata, collateral

25 estoppe.i release, !IOOd fitilh 11ettlement;, jtldpm bar or reduct!oo, or any other tlleory of clailn

26 prlll}lusion, issue preclusina, or silnllar ~ or counterelaitn.

27 l L The Releic.~es, which are set forth in Section 3 of the Settlement Agi:eenwnt;, are

28 tlllpfl.IS!lly incorporated herei11 m all mapects and lll'!il deemed effective M of the dare of thil;

-s-

l Settlement Approval Order and Fina! A ware!.

2 12. Upon entry of this Settlement Approval Order and Final Award, all persons bound

3 by the Releases set forth in Section 3 of the Settlement Agreement, by operation of this Settlement

4 Approval Order and Final Award, au: permanently barred ftom institnting, maintaining, filing,

s commencing, prosecuting, or proceeding In any actioo with respect to any of the claims set forth in

6 Section 3 of tbe Settlement Agreement, except as provided under lhe terms of the Settlement

7 Agreement, to the ftillest extent penni!ted by law.

8 !3. Tlw Settlement A!!feement may be pleaded as a full llJ1d complete defe!l!le to, and

9 may be used as the will for a temporary reslralning order or preliminary or permanent injunction

1 o against, any action, suit or other prOO<ilecling, which has been or may he instinited, prosecuted,

l I contim1ed to be prosecuted, or attempted to he brought by any peti!Ol1 bonnd by the Releases in

12 Section 3 of the Settlement Agreement, asserting any of the ehl.lms set forth in Section 3 of the

13 Settlemtmt Agreement.

14 14. Without affecting tbe fmality of the j~nt entered ptll'!luant to this Settlement

15 Approval Order and Final Award, th6 Arbitrator retaina coatilllling juri.lidietion over this

16 settlement, inclttding the administration, !lQX!liill!llmation, and enforcement of the Settlement

11 Agreement In addltlml, wtimut affectlllg the l!nality of the award ¢0tered pursuant to this

18 Settlement Approval Order and Fina! Award, the Arbitrator .retains jurliidietioo over the Parties,

J 9 the R11le1mid Parties, and each Seltlemwt Clru!s Member and their c~l, wbo are demed tu

20 have suhmiitncl to the exciooivll j!Jrlgdietion. of the American Arbitration Association for any suit,

21 action, prooeeditl& or dispute arismg out of or relatlng to this Seltlemtmt Approval Order and

22 Final A ward and tbe tenns of the Settlement Aifeement.

15. Without forther order of the Arbitrator, the Part:i¢s may ag!'ee to :reasOlllibly

24 necesll!lry txtensiom of lltne to C&'l'y out any of the provliiiom of the Settleinent Ag!'eement, as

25 modified by eitt1t1r the P:rellmioory Appr(lval Order or thlii Settlement Approval Order and Final

26 Award.

27 16. ln the event that the Effective Date does not occOl', this Settlement Approval Order

28 and Final Award shall he rendered automatl<::ally irull and void alld be vacated, llJ1d in such event, -6'-

1 all orders entered and releases delivered in connection with this settlement shall be null and void

2 and be antonmtically vacated.

3 17. For purposes of any Pet:ilkln to Confirm this ruling, this final arbitration award is

4 cmidered enteredasofthe~_dlilyof )\~,2017.

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