You are on page 1of 21

Case 2:07-cv-02513-GMS Document 1696 Filed 06/01/16 Page 1 of 6

1
2
3
4
5
6
7

Cecillia D. Wang (Pro Hac Vice)
cwang@aclu.org
Nida Vidutis*
nvidutis@aclu.org
ACLU Foundation
Immigrants’ Rights Project
39 Drumm Street
San Francisco, CA 94111
Telephone: (415) 343-0775
Facsimile: (415) 395-0950

13

Daniel J. Pochoda
dpochoda@acluaz.org
Brenda Muñoz Furnish
bmfurnish@acluaz.org
ACLU Foundation of Arizona
3707 N. 7th Street, Suite 235
Phoenix, AZ 85014
Telephone: (602) 650-1854
Facsimile: (602) 650-1376

14

*Application for admission pro hac vice forthcoming

8
9
10
11
12

15
16

Attorneys for Plaintiffs (Additional attorneys
for Plaintiffs listed on next page)

17

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

18
19
20

Manuel de Jesus Ortega Melendres,
et al.,

21

Plaintiffs,

22
23
24
25
26
27
28

v.
Joseph M. Arpaio, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

CV-07-2513-PHX-GMS

PLAINTIFFS’ MEMORANDUM IN
SUPPORT OF A $200,000 NOTICE
BUDGET FOR CIVIL CONTEMPT
COMPENSATION SCHEME
PURSUANT TO THE COURT’S
ORDER OF MAY 31, 2016

Case 2:07-cv-02513-GMS Document 1696 Filed 06/01/16 Page 2 of 6

1
2
3
4
5
6
7

Additional Attorneys for Plaintiffs:
Andre I. Segura (Pro Hac Vice)
asegura@aclu.org
ACLU Foundation
Immigrants’ Rights Project
125 Broad Street, 17th Floor
New York, NY 10004
Telephone: (212) 549-2676
Facsimile: (212) 549-2654

8
9
10
11
12

Anne Lai (Pro Hac Vice)
alai@law.uci.edu
401 E. Peltason, Suite 3500
Irvine, CA 92697
Telephone: (949) 824-9894
Facsimile: (949) 824-0066

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stanley Young (Pro Hac Vice)
syoung@cov.com
Covington & Burling LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: (650) 632-4700
Facsimile: (650) 632-4800
Tammy Albarran (Pro Hac Vice)
talbarran@cov.com
Lauren E. Pedley (Pro Hac Vice)
lpedley@cov.com
Covington & Burling LLP
One Front Street
San Francisco, CA 94111
Telephone: (415) 591-7066
Facsimile: (415) 955-6566

Jorge M. Castillo (Pro Hac Vice)
jcastillo@maldef.org

Julia Gomez*
jgomez@maldef.org

Mexican American Legal Defense and
Educational Fund
634 South Spring Street, 11th Floor
Los Angeles, CA 90014
Telephone: (213) 629-2512
Facsimile: (213) 629-0266
James B. Chanin (Pro Hac Vice)
jbcofc@aol.com
Law Offices of James B. Chanin
3050 Shattuck Avenue
Berkeley, CA 94705
Telephone: (510) 848-4752
Facsimile: (510) 848-5819

*Application for admission pro hac vice
forthcoming

Case 2:07-cv-02513-GMS Document 1696 Filed 06/01/16 Page 3 of 6

1
2

THE BUDGET FOR BROWNGREER’S NOTICE PLAN SHOULD BE $200,000
After conferring with BrownGreer PLC (“BrownGreer”), and based upon their advice,

3

Plaintiffs propose that a budget of $200,000 is necessary to achieve adequate notice to

4

persons who were subject to detentions in violation of the December 23, 2011 preliminary

5

injunction and give them the best chance of participation in the court-ordered compensation

6

scheme. Without the widespread, effective notice plan afforded by a $200,000 budget, there

7

is substantial risk that the injured persons will not be aware of the availability of

8

compensation and will be prejudiced in their ability to obtain just compensation for harms

9

they suffered as a result of MCSO’s contemptuous conduct. A more robust notice program

10

is warranted in this case in part because Defendants have not undertaken independent efforts

11

to locate individuals harmed by violations of the preliminary injunction, and because they

12

failed to document all immigration detentions. Contempt Findings ¶ 159. Further, many

13

years have passed since some of the detentions occurred and injured persons may not be

14

aware that they should consider making a claim for the improper MCSO detention. A

15

document created by BrownGreer outlining the specific breakdown of costs associated with

16

the proposed notice plan is attached as Exhibit A. While the specifics of the plan outlined by

17

BrownGreer are subject to the Parties’ input, it provides a helpful understanding of the type

18

of widespread outreach that could be achieved with the proposed budget.

19

As evidenced in Exhibit A, $200,000 provides for a more extensive radio campaign,

20

which according to BrownGreer’s research has the highest reach among Latino audiences,

21

thereby maximizing the chances of reaching individuals who were improperly detained by

22

MCSO. Based upon that information, a significant portion of the budget would be spent on

23

radio advertising on many different stations and in English and Spanish for at least thirty

24

days. The smaller budget proposed by Defendants would result in fewer days of radio spots

25

and would restrict notice of the plan to fewer stations. $200,000 is needed to secure

26

advertising on radio stations with the largest Latino audiences and reach a larger number of

27

individuals who were detained.

28

1

Case 2:07-cv-02513-GMS Document 1696 Filed 06/01/16 Page 4 of 6

1

The $200,000 budget would also allow BrownGreer to utilize strategic partnerships

2

with other organizations, including nongovernmental groups in Arizona and Mexico with

3

expertise working with hard-to-reach migrant communities (“Public Relations”). Local

4

nongovernmental organizations are well-positioned to reach directly potential victims of

5

Defendants’ contemptuous detentions and serve as effective sources of information regarding

6

the compensation plan. For that reason, they are vital to an effective outreach program, and

7

ought to be funded.

8
9
10
11

Plaintiffs respectfully request that the Court issue an order that Maricopa County
provide $200,000 for a notice budget for the victim compensation mechanism as part of the
remedy for the civil contempt.
RESPECTFULLY SUBMITTED this 1st day of June, 2016.

12

By: /s/ Lauren E. Pedley

13

Cecillia D. Wang (Pro Hac Vice)
Andre I. Segura (Pro Hac Vice)
Nida Vidutis*
ACLU Foundation
Immigrants’ Rights Project

14
15
16
17

Daniel Pochoda
Brenda Muñoz Furnish
ACLU Foundation of Arizona

18
19

Anne Lai (Pro Hac Vice)

20

Stanley Young (Pro Hac Vice)
Tammy Albarran (Pro Hac Vice)
Lauren E. Pedley (Pro Hac Vice)
Covington & Burling, LLP

21
22
23

26

Jorge M. Castillo (Pro Hac Vice)
Julia Gomez*
Mexican American Legal Defense and
Educational Fund

27

James B. Chanin (Pro Hac Vice)

24
25

28

2

Case 2:07-cv-02513-GMS Document 1696 Filed 06/01/16 Page 5 of 6

1

Attorneys for Plaintiffs

2
3

*Applications for admission pro hac vice
forthcoming

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

Case 2:07-cv-02513-GMS Document 1696 Filed 06/01/16 Page 6 of 6

1
2

CERTIFICATE OF SERVICE
I hereby certify that on June 1, 2016, I electronically transmitted the attached

3

document to the Clerk’s office using the CM/ECF System for filing. Notice of this filing

4

will be sent by e-mail to all parties by operation of the Court’s electronic filing system or by

5

mail as indicated on the Notice of Electronic Filing.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated this 1st day of June, 2016.
/s/ Lauren E. Pedley

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 1 of 15

EXHIBIT A

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 2 of 15

POTENTIAL SETTLEMENT
NOTICE PLAN
MELENDRES v. ARPAIO
2:07-cv-02513-PHX-GMS (D. Ariz.)

Developed on 8/18/2015.
Revised at party request on 6/1/16.

______________________________________________________________________________
© 2014 BrownGreer PLC
450896

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 3 of 15

TABLE OF CONTENTS

I.

General Introduction .............................................................................................................. 1

II.

Target Audience ..................................................................................................................... 1

III.

Available Potential Claimant Data......................................................................................... 3

IV. Individual Notice ................................................................................................................... 4
V.

Publication Notice.................................................................................................................. 5

VI. Summary of Notice Plan ...................................................................................................... 11
VII. Estimated Costs.................................................................................................................... 11

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

i

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 4 of 15

I.

GENERAL INTRODUCTION

BrownGreer prepared this potential notice plan (the “Plan”) on August 18, 2015 for the
Melendres v. Arpaio matter, based on our initial conversations with Plaintiffs’ Counsel and on
our review of preliminary compensation procedure proposals prepared by the Parties and
provided to us on a confidential basis on August 7, 2015. Drawing upon our experience and the
positions of the Parties, we developed the Plan with an aim to provide an effective and efficient
notice framework in this non-Rule 23 context. On June 1, 2016, we updated Section V.B.5 of
this Plan (and the corresponding cost line item in Row 7 of the table in Section VII) to reflect an
increased public relations investment proposed by Plaintiffs in light of their interactions with
potential strategic partners presenting interest in assisting affected individuals to whom they have
direct access. The data and information included in this Plan is otherwise original to the August
18, 2015 initial version.
The Plan attempts to inform individuals and their passengers (the “Potential Claimants”) who
were stopped in violation of the December 2011 preliminary injunction order of the existence of
this proposed settlement, how it affects them, their rights and obligations under the eventual
Settlement Agreement, the actions they may take, the deadlines for acting, and the consequences
of acting or failing to act by the deadline. This document explains the means by which we
preliminarily proposed accomplishing this, how we arrived at those means, and how we would
implement the Plan.

II.

TARGET AUDIENCE

A. Target Audience Overview.
We understand that there may be approximately 200 to 500 known individuals, plus an
additional undetermined number of unknown individuals, who are affected by this litigation. The
population of Potential Claimants is mostly males aged 18 to 55 residing in Arizona, though it
may include women and minors who may reside in other southwestern states and possibly in
Mexico, Guatemala, or Honduras. We further understand that the individuals speak
predominantly, and in some cases exclusively, Spanish, generally have lower educational levels,
and for the most part consists of lower income earners. Additionally, we have tailored the Plan
to reach persons who may be apprehensive of persons in positions of authority.

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

1

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 5 of 15

B. The Methodology Used to Learn About These Potential Claimants.
To design an effective notice campaign, we must consider and analyze the attributes and the
media consumption habits of the target audience to select properly the media opportunities
offering the greatest reach in the most effective manner possible. This allows us to paint a
clearer picture of the target group and provide a better understanding of how to contact these
Potential Claimants.
This process begins with identifying the target audience through the use of syndicated research
data. The two most widely used options include Nielsen’s Scarborough USA+ study and GfK
MRI’s Survey of the American Consumer.
Nielsen’s Scarborough USA+ is a leading provider of local and national market research,
shopping patterns, media behaviors, and lifestyle and demographic information of persons in the
United States. It uses a two-part survey conducted in the spring and the fall of each year with
over 210,000 consumers aged 18 and older, which provides a high level of reliability.
Scarborough serves multiple industries including print, radio, broadcast TV, cable TV, out of
home, agency, and sports marketing. Scarborough USA+ emphasizes the media consumption
habits of persons in the United States. Scarborough USA+ is accredited by the Media Rating
Council (“MRC”), which is an industry-funded organization that establishes standards and
guidelines for media industry measurement services to ensure valid and reliable research
methods.
GfK MRI’s Survey of the American Consumer, also accredited by the MRC, conducts interviews
in the spring and the fall of each year with approximately 26,000 adult consumers in a two-phase
collection process. This survey provides a detailed view of media choices, demographics,
lifestyles, and attitudes of consumer usage of almost 6,000 products in 550 categories. The GfK
MRI survey focuses on consumer attitudes towards media.
While both sources offer reliable data, we chose to use syndicated data available from Nielsen’s
Scarborough USA+ to develop a profile of the demographics and media consumption habits of
Potential Claimants, because of Scarborough USA+’s larger sample size and in-depth media
consumption surveying.
C. Potential Claimant Demographics.
1. Maricopa County is the largest county within the Phoenix market, which covers 9,224
square miles.
2. Maricopa County is the 4th most populous county in the United States.
3. In Maricopa County, the Hispanic population is over 1.1 Million. 60% of the state’s
Hispanic population resides in Maricopa County.
4. 31% of the population in the state of Arizona is Hispanic.
The makeup of the Hispanic population in Maricopa County is roughly 50/50 male/female
and 18+ population is 736,368, representing 52.4% of the whole.
© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

2

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 6 of 15

49.90
%

Age Range

Gender

Male

50.06
%

2-11 12-17 18-34 35-64 65+
Age Range 13.5%18.2%17.6%18.9%15.9%

Female



III.

Hispanic market rank in the US: #9
76% of Phoenix Hispanics prefer to
speak Spanish; best reached using
Spanish language
Median Phoenix Latino household
income: $40,537
Persons per household: 3.6

AVAILABLE POTENTIAL CLAIMANT DATA

We understand that the Defendants can produce some name, date of birth, and address data on
approximately 200 to 500 individuals; however, as most Potential Claimants were never booked,
there may not be identifying information for the entire population of harmed individuals.

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

3

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 7 of 15

IV.

INDIVIDUAL NOTICE

We understand that this will not be a class action settlement and that, accordingly, Fed. R. Civ.
P. 23 will not be implicated expressly. Nevertheless, drawing upon Rule 23’s directive that we
should issue “individual notice to all members who can be identified through reasonable effort”
and basic concepts of due process, the Plan will attempt direct, individual notice to all Potential
Claimants for whom any direct notice may be attempted using a combination of available contact
information again, recognizing that Defendants will have contact information for few, if any,
Potential Claimants.
As it appears no email notice will be accomplishable, the direct notice necessarily must
contemplate mailing a notice letter or packet where possible. Such a notice would typically
include at least the following in clear and plain language:
(a) An introductory paragraph that summarizes the key facts of the settlement program
and proposed Settlement;
(b) An explanation of Claimant membership and Potential Claimants’ benefits under the
terms of the proposed Settlement;
(c) Instructions that indicate how Potential Claimants may receive benefits from the
Settlement;
(d) A clear and brief description of the underlying case and the claims and issues
involved;
(e) If applicable, a description of the Potential Claimants’ right to opt out of or object to
the Settlement and the procedures for doing so, and the right to appear before the
Court at a Fairness Hearing;
(f) Counsel information and a Potential Claimant’s right to hire his or her own attorney;
(g) Instructions that indicate how Potential Claimants may access a full, detailed notice
from the Claims Administrator’s website;
(h) The Claims Administrator’s mailing address, website, and toll-free number; and
(i) A notice identification number unique to every Potential Claimant.
We do not expect to receive many addresses, but for those that we do receive we will attempt to
verify and update all addresses in the data files from Defendants against the United States Postal

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

4

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 8 of 15

Service’s (“USPS”) National Change of Address (“NCOA”)1 database prior to mailing, to
confirm and update Potential Claimants’ mailing addresses based on change of address
information maintained by the USPS. We will then attempt to (1) certify the addresses through
Coding Accuracy Support System (“CASS”)2 software to ensure the accuracy of ZIP and ZIP + 4
codes and completeness of addresses; (2) verify the addresses through Delivery Point Validation
(“DPV”)3 data to confirm the accuracy of and deliverability to the addresses by checking the
addresses against valid deliverable addresses according to the USPS; and (3) process the
addresses against Locatable Address Conversion System (“LACS”)4 software to compare
addresses with USPS data and update them when there are rural route address changes or
emergency services address updates. If a Potential Claimant’s address is updated based NCOA,
CASS, DPV, or LACS, the updated address will be used for mailing the notice. If there are no
updates to a Potential Claimant’s address in NCOA, CASS, DPV, or LACS, the notice will be
sent to the most recent mailing address as reflected in Defendants’ records.
If a notice is returned by the USPS as undeliverable but with a forwarding address, we will
promptly re-mail the notice to the updated address provided by the USPS. Mail is forwarded by
the USPS for 12 months after a customer submits a Change of Address order and Change of
Address orders are maintained by the USPS for 18 months. An undeliverable notice should
therefore be returned to BrownGreer by the USPS with a forwarding address in the six-month
period after a Potential Claimant’s 12-month forwarding order expires. If the returned notice
does not identify any updated address from the USPS, we will submit the Potential Claimant’s
mailing information to the LexisNexis compendium of domestic addresses for updated address
information, if available. In addition, we will update addresses based on requests received from
Potential Claimants.

V.

PUBLICATION NOTICE

A. Media Consumption.
With few addresses available to contact Potential Claimants directly, the primary focus of the
notice effort will be to reach persons through other media. Consumers have more choices than
ever today. Analyzing their usage and time spent with various media helps us identify the most
1

The NCOA database contains records of all permanent change of address submissions received by the USPS from
individuals and businesses. The Settlement Potential Claimant list is submitted against the database, and a Potential
Claimant’s address is automatically updated with the new address from USPS data based on a comparison with the
Potential Claimant’s name and last known address.
2
CASS is a certification process to standardize the address format and ensure the accuracy of ZIP and ZIP + 4
codes. The Potential Claimant list is submitted and the ZIP and ZIP + 4 codes are compared and updated based on
the ZIP and ZIP + 4 codes in the USPS data.
3
DPV confirms addresses against known addresses in the USPS system to verify accuracy and to confirm that mail
is deliverable to a particular address. The addresses are compared against valid addresses in the USPS’s Address
Management System and DPV verifies the accuracy of addresses and reports the deficiencies or errors in incorrect
addresses.
4
LACS compares addresses against USPS data, and addresses are updated when there are emergency/E911 updates
or streets are renamed (for example, from Rural Route 2 Box 5 to 123 Main Street).

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

5

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 9 of 15

effective, efficient mediums to target. Radio has the highest reach among all media with the
target population:

91% 87%

80%
67%

60%
50% 49%
27%
7%

Listened to
Watched
Watched Any
Used
Visited
Read Any
Radio Past 7 Broadcast TV Non-Premium Cellphone to Facebook Past Newspaper
Days
Past Week
Cable Past Access Internet
Month
Past Week
Week

Visited
YouTube Past
Month

Visited
Pandora
Past Month

5%

Listened to Visited Spotify
Satellite Radio Past Month
Past Week

Reach and time spent with radio is strong across all age groups.

Hispanics
12+

Weekly
Reach:
93.0%

Weekly
Reach:
93.5%

Hispanics
18+

Weekly
Reach:
92.7%

Hispanics
18-34

Weekly
TSL:
13hrs:15min

Weekly
TSL:
14hrs:01min

Weekly
TSL:
12hrs:24min

Best
Daypart:
10a-3p

Best
Daypart:
10a -3p

Best
Daypart:
3-7p

Hispanics
25-54

Weekly
Reach:
94.6%

Hispanics
35-64

Weekly
Reach:
95.0%

Weekly
TSL:
14hrs:19min

Weekly
TSL:
15hrs:16min

Best
Dayparts:
10a-3p, 37p

Best
Daypart:
10a-3p

B. Preliminary Media Recommendation.
We recommend a combination of traditional and digital media to reach the primary target
audience in Phoenix, Arizona, including:
1. Hispanic Radio
2. Hispanic Newspaper

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

6

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 10 of 15

3. Digital: Paid Search
4. Digital: Banner Ad Display
5. Public Relations
1. Hispanic Radio.
Hispanic radio will offer the best opportunity to reach the largest cumulative persons within
our target audience. In addition, it is the primary broadcast medium that is most accessible to
this migrant target population.
We will work with stations that are primarily Spanish dominant, supported with a few topranking stations that are English dominant since this demographic is bilingual (80% of
Phoenix Hispanics are Spanish dominant or bilingual).
We will work with stations to develop a campaign that would include:
1.
2.
3.
4.

Spot schedule (:60)
Live reads from local on-air talent (adding strong level of trust)
Opportunities to have exposure at local events
Exposure on their website and social media networks

Our strategy will be to develop customized schedules across multiple top-ranking radio
stations among the Hispanic listeners. This will provide the highest reach against our target
audience, ensuring as many people as possible hear the message. The spot schedule alone
should deliver significant reach against the target audience in this community.
Station

Dial Position

Format

Rank

KLNZ-FM

103.5

Mexican Regional

1

KHOT-FM

105.9

Mexican Regional

2

KNAI-FM

88.3

Mexican Regional

3t

KVVA-FM

107.1

Spanish Adult Hits

3t

KESZ-FM

99.9

Adult Contemporary

5t

KUPD-FM

97.9

Rock

5t

KOMR-FM

106.3

Spanish Adult Hits

7t

KZZP-FM

104.7

CHR

7t

KKFR-FM

98.3

Rhythmic AC

9t

KZON-FM

101.5

Top 40

9t

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

7

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 11 of 15

2. Hispanic Newspapers.
To extend the reach of our target audience beyond radio, we feel that public notice ads
should be placed in the local Hispanic newspapers as well as an announcement in the primary
Arizona newspaper. The newspaper is easily accessible for our target audience.

Publication

Published

Circulation

Ad Size

LaVoz

Weekly on Fridays

75,000

Full Page

Prensa Hispana

Weekly on Thursdays

48,140

Full Page

The Catholic Sun

Monthly

117,000

Full Page

Arizona Republic

Main Daily Paper

503,080

1/8 Page

3. Digital: Paid Search.

We will develop and deploy targeted keywords across
Google, Yahoo and Bing search engines, the top three
search engines based on U.S. Explicit Core Search
Share.
It likely will be challenging to compete with the news
outlets in the search arena, therefore we recommend a
small paid search campaign for the primary settlement
keywords.

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

8

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 12 of 15

4. Digital: Banner Ad Display.
Behaviorally targeted banner display ads will appear on strategically
selected websites as our target audience surfs the web. We can target
both demographically and geographically and display ads in Spanish
and/or English.
We preliminarily recommend one to two million impressions delivered
over a 30-day campaign.
We will use a mix of behavioral targeting through Google’s DoubleClick
advertising network exchange, direct placement on news websites
catering to the Latino community, and Facebook ads targeting the
Hispanic population.
Behavioral targeting increases the effectiveness of a campaign by using an individual’s webbrowsing behavior, such as pages they have visited or searches they have made, to select the
websites on which the ads appear. This allows us to reach the broader portion of our target
audience based on language, geography, and age range.
Facebook ads will allow us to target the audience more narrowly, based on language,
geography, age range, income levels and interests.
As our target audience is highly mobile, it will be critical to select mobile-friendly websites
in anticipation of Potential Claimants accessing the internet on non-desktops, such as
smartphones. Therefore, we will deploy the following standard ad sizes: (1) 320x50
(Mobile), (2) 728x90, (3) 300x250, (4) 160x600, and (5) 300x600.
5. Public Relations.
The proposed public relations efforts focus on communications objectives, tactical measures,
media outreach and other assets beneficial to disseminating the notification message. The
Plan will utilize public relations outreach and leverage media relations and digital
communications to drive conversation and reach a vast population among local and regional
target audiences, with a focus on the below outreach categories:
(a) Maricopa County
(1) General Public
(2) Community Centers
(3) Religious Centers (focus on Catholic groups)
(b) Arizona Hispanic Chamber of Commerce
(c) Legal Aid of Arizona
(d) Advocacy Groups (National Council of La Raza (NCLR))

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

9

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 13 of 15

(e) Recreational and Professional Sports Leagues
(1) Soccer
(2) Baseball
(f) Media
(1) Local Media (print, online, radio); focus on local and community news, Hispanic
focus, legal matters, current affairs and investigative news, advocacy awareness
(2) Regional Media (surrounding states)
(g) Party-Selected Strategic Partners (other groups in affected areas reporting access to
Potential Claimants)
The Plan contemplates distributing a print, online, or audio news release as necessary to
media and general interest groups across Maricopa County and the Phoenix direct markets, as
well as regional markets beyond Arizona, budget permitting. General media for the
Maricopa County market include, but are not limited to:
1. Arizona Daily Sun
2. Arizona Informant
3. Arizona Oddities
4. Arizona Republic Online
5. Associated Press – Phoenix Bureau
6. Coolidge Examiner
7. Daily News-Sun
8. El Mirage News
9. Fountain Hills Times
10. Prensa Hispana
11. The Catholic Sun
12. La Voz Arizona
13. Horizonte
14. Latino Perspectives
15. Peoria Times
16. Phoenix New Times
17. Pueblo Publishers

18. San Manuel Miner
19. Southeast Valley Ledger
20. The Arizona Republic
21. The Daily Courier
22. West Valley View
23. KFYI-AM
24. KNAU-FM
25. Horizonte-KAE-TV
26. iHeartMedia, Inc.
27. Hubbard Radio
28. CBS Radios
29. Univision
30. Entravision Communications
31. Bonneville International Corporation
32. Cesar Chavez Foundation
33. Family Life Broadcasters, Inc.

The tentative Public Relations Timeline would be:
(a) 30 Days:
(1) Direct bulk of Plan outreach efforts to local/regionally targeted media and
community lists
(2) Follow-ups, continued research and outreach development
(3) Coordinate interview opportunities
(4) Monitor PR media coverage
(b) 60 – 90 Days:
(1) Continued follow-up and support of Plan
(2) Monitor PR media coverage
© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

10

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 14 of 15

C. Regional Target Audience Beyond Phoenix.
A regional public notice campaign will extend beyond the local Phoenix area. It will reach cities
with large Hispanic populations that are likely to have connections to or have travelled through
the Maricopa County area, with these preliminary suggestions of focus:
1.
2.
3.
4.

Arizona: Tucson
New Mexico: Albuquerque, Santa Fe, Las Cruces
California: San Diego, Los Angeles
Nevada: Las Vegas

Traditional media in these markets would run between $500,000 and $1 million, so we
recommend utilizing digital paid search and display advertising, as well public relations efforts,
to minimize costs but still enjoy productive reach.
D. International Target Audience.
To reach the target population in international markets, we recommend utilizing paid search and
display advertising to ensure the highest number of impressions at the highest efficiency.
Accordingly, we preliminarily recommend one million to two million impressions directed
specifically to the following markets: (1) Mexico, (2) Honduras, and (3) Guatemala.

VI.

SUMMARY OF NOTICE PLAN

The potential Plan thus includes: (1) direct, individual notice by first-class mail where possible,
with procedures for verifying addresses and resending undeliverable notices; (2) radio spots; (3)
newspaper placements; (4) online paid search words; (5) online website banner and social media
displays; and (6) public relations efforts. The Plan will focus on Maricopa County and the
greater Phoenix area with regional targeting beyond to surrounding states and international
targeting to three select countries.

VII.

ESTIMATED COSTS

We will prepare an estimate of direct notice costs once the quality, quantity, and type of Potential
Claimant data becomes known. While the actual costs will be determined by the notice elements
chosen by the Parties and media costs applicable at that time, we can estimate the possible costs
of otherwise implementing the Plan described above as follows:

1.
2.
3.
4.

Estimated Costs for Notice Plan (Exclusive of Direct Notice Campaign)
Item
Estimated Cost
Radio Campaign (30 days)
$120,000
Newspaper (1 ad per paper)
$16,665
Digital: Paid Search (30 days)
$3,500
Digital: Banner Ad Display (30 days)
$17,500

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

11

Case 2:07-cv-02513-GMS Document 1696-1 Filed 06/01/16 Page 15 of 15

Estimated Costs for Notice Plan (Exclusive of Direct Notice Campaign)
Item
Estimated Cost
$10,000
5. Digital: Facebook Ad Display (30 days)
$20,000
6. Digital: International Markets
$21,600
7. Public Relations
Variable
8. Translation
Variable
9. Interview Opportunities & Travel
$3,000
10. Flyer Creation and Printing
11. TOTAL
$ 212,265+

© 2015-16 BROWNGREER PLC | 250 ROCKETTS WAY | RICHMOND, VA 23231 | WWW.BROWNGREER.COM

12