Court filing
Declaration of Andre M. Mura — Brooks v. Thomson Reuters Corporation (Dkt. 159.1)
No. 3:21-cv-01418-EMC · Doc. 159-1 · Docket on CourtListener
Full text
Case 3:21-cv-01418-EMC Document 159-1 Filed 02/06/23 Page 1 of 4
1 Eric H. Gibbs (SBN 178658) Geoffrey A. Graber (SBN 211547)
Andre M. Mura (SBN 298541) Karina G. Puttieva (SBN 317702)
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Amy M. Zeman (SBN 273100) COHEN MILSTEIN SELLERS & TOLL
3 Mark H. Troutman (pro hac vice) PLLC
Ezekiel S. Wald (SBN 341490) 1100 New York Ave. NW, Fifth Floor
4 Washington, DC 20005
Hanne Jensen (SBN 336045)
5 GIBBS LAW GROUP LLP Telephone: (202) 408-4600
1111 Broadway, Suite 2100 Facsimile: (202) 408-4699
6 Oakland, CA 94607 ggraber@cohenmilstein.com
7 Telephone: (510) 350-9700 kputtieva@cohenmilstein.com
Facsimile: (510) 350-9701
8 ehg@classlawgroup.com
9 amm@classlawgroup.com
amz@classlawgroup.com
10 mht@classlawgroup.com
11 zsw@classlawgroup.com
hj@classlawgroup.com
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13 Attorneys for Plaintiffs and the Proposed Class
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UNITED STATES DISTRICT COURT FOR THE
16 NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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18 CAT BROOKS and RASHEED SHABAZZ, Case No. 3:21-cv-1418-EMC-KAW
individually and on behalf of all others
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similarly situated, DECLARATION OF ANDRE M. MURA IN
20 SUPPORT OF PLAINTIFFS’ OMNIBUS
Plaintiffs, MOTION TO EXCLUDE EXPERT
21 v. OPINIONS ON CLASS CERTIFICATION
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THOMSON REUTERS CORPORATION, Date: April 20, 2023
23 Time: 1:30 p.m.
24 Defendant. Place: Courtroom 5, 17th Floor
Judge: Hon. Edward M. Chen
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DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ OMNIBUS
MOTION TO EXCLUDE EXPERT OPINIONS ON CLASS CERTIFICATION
Case No. 3:21-cv-1418-EMC-KAW
Case 3:21-cv-01418-EMC Document 159-1 Filed 02/06/23 Page 2 of 4
1 I, Andre M. Mura, declare under penalty of perjury:
2 1. I am a member in good standing of the Bar of California and the bar of this
3 Court. I am a partner at Gibbs Law Group LLP in Oakland, California, and represent
4 Plaintiffs in this matter.
5 2. I submit this declaration in support of Plaintiffs Cat Brooks’ and Rasheed
6 Shabazz’s omnibus motion to exclude expert opinions on class certification. I base this
7 declaration on my personal knowledge of the facts and, if called upon to do so, could and
8 would testify competently to the facts contained in this declaration.
9 3. The below chart lists a description of each attached exhibit.
10 Exhibit Number Bates Number
Ex. 1 Excerpted Deposition of Dr. Ran Kivetz, Ph.D.
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Ex. 2 H. Jeff Smith, Tamara Dinev, Heng Xu, Information
12 Privacy Research: An Interdisciplinary Overview, 35 MIS
Quarterly 989 (Dec. 2011)
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Ex. 3 Sandra C. Matz & Oded Netzer, Using Big Data as a
14 window into consumers’ psychology, Current Opinion in
Behavioral Sciences 18:7-12 (2017)
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Ex. 4 Excerpted Deposition of Professor Jane Bambauer
16 Ex. 5 The Federalist Society’s Practice Group Podcast, The
Right to Be Forgotten, The Federalist Society (Oct. 5,
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2018 12:30p.m. EDT), available at
18 https://fedsoc.org/events/the-right-to-be-forgotten.
Ex. 6 The Information Management 360 Podcast, Episode 30:
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Discussing Privacy Regulation with the Uniform Law
20 Commission, Law360 (Sept. 7, 2022), available at
https://www.archive360.com/podcast/discussing-
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privacy-regulation-with-the-uniform-law-commission.
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23 4. Attached as Exhibit 1 is a true and correct copy of portions of the deposition
24 of Thomson Reuters’ class certification rebuttal expert Ran Kivetz (“Kivetz Dep.”), which
25 was conducted on October 11, 2022.
26 5. Attached as Exhibit 2 is a true and correct copy of an article written by H. Jeff
27 Smith, Tamara Dinev, and Heng Xu, entitled “Information Privacy Research: An
28 Interdisciplinary Overview,” and published in 2011 in MIS Quarterly. This article was cited
1
DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ OMNIBUS
MOTION TO EXCLUDE EXPERT OPINIONS ON CLASS CERTIFICATION
Case No. 3:21-cv-1418-EMC-KAW
Case 3:21-cv-01418-EMC Document 159-1 Filed 02/06/23 Page 3 of 4
1 in Ran Kivetz’s rebuttal expert report propounded in this litigation. The copy attached here
2 was retrieved using the citation in that report from an online repository.
3 6. Attached as Exhibit 3 is a true and correct copy of an article written by
4 Sandra C. Matz & Oded Netzer, entitled “Using Big Data as a window into consumers’
5 psychology,” and published in 2017 in Current Opinion in Behavioral Sciences. This article
6 was cited in Ran Kivetz’s rebuttal expert report propounded in this litigation. The copy
7 attached here was retrieved using the citation in that report from an online repository.
8 7. Attached as Exhibit 4 is a true and correct copy of portions of the deposition
9 of Thomson Reuters’ class certification rebuttal expert Jane Bambauer (“Bambauer Dep.”),
10 which was conducted on October 6, 2022. Professor Bambauer’s deposition transcript was
11 separated into two volumes because the assigned Court Reporter for the deposition was
12 unable to provide real-time reporting, and a new Court Reporter was assigned in order for
13 real-time reporting to be available to the attorneys. Each reporter prepared and certified the
14 portion of the deposition they covered. Plaintiffs cite only from Volume II, which is
15 excerpted here.
16 8. Attached as Exhibit 5 is a true and correct copy of a transcript of The
17 Federalist Society’s panel titled “The Right to Be Forgotten.” Professor Bambauer appeared
18 as a panelist and confirmed at her deposition that she recalled partaking in the discussion,
19 and had no reason to believe that the transcript was inaccurate. Bambauer Dep. at 138:2-
20 140:2.
21 9. Attached as Exhibit 6 is a true and correct copy of a transcript of Episode 30
22 of Law360.com’s Information Management 360 podcast. Professor Bambauer appeared as a
23 guest on the podcast and confirmed at her deposition that she recalled partaking in the
24 discussion, and had no reason to believe that the transcript was inaccurate. Bambauer Dep.
25 at 120:18-121:25.
26 //
27 //
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DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ OMNIBUS
MOTION TO EXCLUDE EXPERT OPINIONS ON CLASS CERTIFICATION
Case No. 3:21-cv-1418-EMC-KAW
Case 3:21-cv-01418-EMC Document 159-1 Filed 02/06/23 Page 4 of 4
1 I declare that the foregoing is true and correct. Executed on February 6, 2023, in
2 Oakland, California.
3 /s/ Andre M. Mura
Andre M. Mura
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DECLARATION OF ANDRE M. MURA IN SUPPORT OF PLAINTIFFS’ OMNIBUS
MOTION TO EXCLUDE EXPERT OPINIONS ON CLASS CERTIFICATION
Case No. 3:21-cv-1418-EMC-KAW
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