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Home Court filings Brooks v. Thomson Reuters Corporation NOTICE by Software & Information Industry Association re 156 MOTION… — Brooks v. Thomso…

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NOTICE by Software & Information Industry Association re 156 MOTION… — Brooks v. Thomson Reuters Corporation (Dkt. 162)

No. 3:21-cv-01418-EMC · Doc. 162 · Docket on CourtListener

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     Case 3:21-cv-01418-EMC           Document 162     Filed 02/13/23      Page 1 of 3



 1    Laura Sullivan (Cal. Bar No. 220529)
      LAW OFFICE OF LAURA SULLIVAN
 2    423 South Estate Drive
 3    Orange, CA 92869
      Telephone: 714-744-15220
 4    Email: laurasullivan@laurasullivanlaw.com

 5    Jennifer Sarvadi (D.C. Bar. No. 490475)
      (pro hac vice application pending)
 6    HUDSON COOK, LLP
      1909 K Street NW, 4th Floor
 7    Washington, DC 20006
      Telephone: 202-715-2002
 8    Email: jsarvadi@hudco.com
 9    Attorneys for Proposed Amici,
10    The Software & Information Industry Association and
      The Coalition for Sensible Public Record Access
11

12                             UNITED STATES DISTRICT COURT
                             NORTHERN DISTRICT OF CALIFORNIA
13
                                  SAN FRANCISCO DIVISION
14
      CAT BROOKS and RASHEED SHABAZZ,                   Case No. 3:21-cv-01418-EMC
15    individually and on behalf of all others
      similarly situated,                               NOTICE OF MOTION FOR LEAVE TO
16                                                      FILE PROPOSED AMICI CURIAE BRIEF
                        Plaintiffs,                     OF THE SOFTWARE & INFORMATION
17                                                      INDUSTRY ASSOCIATION AND THE
             v.                                         COALITION FOR SENSIBLE PUBLIC
18
      THOMSON REUTERS CORPORATION,                      RECORDS ACCESS IN SUPPORT OF
19                                                      DEFENDANT
                        Defendant.
20                                                      Judge: Hon. Edward M. Chen
                                                        Date: April 20, 2023
21                                                      Time: 1:30 pm
                                                        Room: Courtroom 5, 17th Floor
22

23

24
          TO THE PARTIES AND THEIR ATTORNEYS OF RECORD:
25
          PLEASE TAKE NOTICE that on April 20, 2023 at 1:30 p.m., or as soon thereafter as the
26
     matter may be heard in Courtroom 5 of the United States District Court, Northern District of
27
     California, San Francisco Division, The Software & Information Industry Association (“SIIA”)
28                                             1
         NOTICE OF MOTION FOR LEAVE TO FILE PROPOSED AMICI CURIAE BRIEF OF THE SOFTWARE &
        INFORMATION INDUSTRY ASSOCIATION AND THE COALITION FOR SENSIBLE PUBLIC RECORDS
                                                          ACCESS IN SUPPORT OF DEFENDANT
                                                                 CASE NO. 3: 21-cv-01418-EMC
     Case 3:21-cv-01418-EMC          Document 162         Filed 02/13/23      Page 2 of 3



 1   and Coalition for Sensible Public Records Access (“CSPRA”) will move this Court for leave to

 2   file their proposed Amici Curiae Brief in support of Defendant Thomson Reuters Corporation’s

 3   Opposition to Plaintiffs’ Motion for Class Certification. Proposed Amici’s motion is based on this

 4   notice, the Motion for Leave to File Amici Curiae Brief in Support of Defendant and Proposed

 5   Amici Curiae Brief filed on February 2, 2023 [ECF No. 156], and all documents on file in this

 6   matter. Defendant consents to the filing of proposed Amici’s brief. Plaintiffs indicate they will

 7   oppose. ECF No. 160.

 8         Please note also that although Amici are prepared to argue this matter on the date noticed,

 9   they have no objection should the Court choose to decide this matter on the papers.

10                                    STATEMENT OF INTEREST

11          1. The SIIA is a trade association for those in the business of information that represents

12   approximately 600 member companies, among them publishers of software and information

13   products, including databases, enterprise and consumer software, and other products that combine

14   information with digital technology.

15          2. SIIA member companies serve nearly every segment of society, including business,

16   education, government, healthcare, and consumers. SIIA is dedicated to creating a healthy

17   environment for the creation, dissemination, and productive use of information.

18          3. SIIA has an interest in this matter and qualifications to assist this Court as it considers

19   Plaintiffs’ motion because the availability of accurate public records is central to SIIA’s mission

20   and many of its members rely on access to public records. Moreover, Plaintiffs’ challenge to the

21   Defendant’s business model has implications for other SIIA members and their businesses.

22          4. CSPRA is a non‐profit organization dedicated to promoting the principle of open public

23   record access to ensure individuals, the press, advocates, and businesses the continued freedom to

24   collect and use the information made available in the public record for personal, governmental,

25   commercial, and societal benefit.
            5.Members of CSPRA are among the many entities that comprise a vital link in the flow
26
     of information for these purposes and provide services that are widely used by constituents in
27

28                                             2
         NOTICE OF MOTION FOR LEAVE TO FILE PROPOSED AMICI CURIAE BRIEF OF THE SOFTWARE &
        INFORMATION INDUSTRY ASSOCIATION AND THE COALITION FOR SENSIBLE PUBLIC RECORDS
                                                          ACCESS IN SUPPORT OF DEFENDANT
                                                                 CASE NO. 3: 21-cv-01418-EMC
     Case 3:21-cv-01418-EMC          Document 162         Filed 02/13/23      Page 3 of 3



 1   every state. Collectively, CSPRA members alone employ over 75,000 persons across the U.S.

 2   The economic and societal activity that relies on entities such as CSPRA members is valued in

 3   the trillions of dollars and employs millions of people.

 4          6. CSPRA has an interest in this matter and qualifications to assist this Court as it

 5   considers Plaintiffs’ motion because the availability of complete and accurate public records is

 6   central to CSPRA’s belief that the economy and society depend on value-added information and

 7   services that include public record data for many important aspects of our daily lives, and to

 8   CSPRA’s work to protect those sensible uses of public records.

 9          7. SIIA and CSPRA wish to be heard on this issue because consumers, law enforcement,

10   and a wide range of businesses rely on data that flows in and through Defendant’s CLEAR

11   product, and other similar products, to function and fulfill their every-day obligations. The brief

12   submitted by SIIA and CSPRA will assist this Court in its understanding of the CLEAR product

13   and the ways in which open access to public records benefits virtually every facet of society.

14          8. SIIA and CSPRA have read the parties’ briefs, and their proposed Amici brief is

15   necessary to fully and adequately address the issue of class certification.

16          Accordingly, SIIA and CSPRA request that they be granted permission to file their

17   proposed Amici brief. ECF No. 156.

18
     Dated: February 13, 2023                      Respectfully submitted,
19
                                                   /s/ Laura Sullivan
20                                                 _________________________________
21
                                                   Laura Sullivan
22
                                                   Attorney for Proposed Amici Curiae
23                                                 The Software & Information Industry Association
                                                   and The Coalition for Sensible Public Records
24                                                 Access

25

26

27

28                                             3
         NOTICE OF MOTION FOR LEAVE TO FILE PROPOSED AMICI CURIAE BRIEF OF THE SOFTWARE &
        INFORMATION INDUSTRY ASSOCIATION AND THE COALITION FOR SENSIBLE PUBLIC RECORDS
                                                          ACCESS IN SUPPORT OF DEFENDANT
                                                                 CASE NO. 3: 21-cv-01418-EMC


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