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Co-Lead Counsel Declaration ISO Motion for Fees, Costs, and… — Brooks v. Thomson Reuters Corporation (Dkt. 264.1)

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The Declaration of Andre Mura and Geoffrey Graber in Support of Plaintiffs' Motion for Attorneys' Fees, Costs, and Service Awards, Document 264-1, stamped Filed 10/25/24, in Case No. 3:21-cv-1418-EMC-KAW, Cat Brooks and Rasheed Shabazz v. Thomson Reuters Corporation, Northern District of California, 17 pages, with a hearing date of February 13, 2024 before Hon. Edward M. Chen. Mura of Gibbs Law Group LLP and Graber of Cohen Milstein Sellers & Toll PLLC declare under penalty of perjury that they represent Plaintiffs in this certified class action. They recount that the complaint was filed on December 3, 2020, and that the Court granted Plaintiffs' Motion for Class Certification (ECF No. 213). They also state that by the time of settlement Thomson Reuters had produced nearly 80,000 documents, totaling nearly 500,000 pages.

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“Co-Lead Counsel Declaration ISO Motion for Fees, Costs, and… — Brooks v. Thomson Reuters Corporation (Dkt. 264.1).” Original at ecf.cand.uscourts.gov, No. 3:21-cv-01418-EMC, Doc. 264-1. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-brooks-thomsonreuters-cand-374304/2024-02-13-gov-uscourts-cand-374304-264-1-gov-uscourts-cand-374304-264-1/, SHA-256 0f26b902f8dce0ec06d4d4502b8ca8f5be5b234896afe43f61c2c35e551f316e.

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         Case 3:21-cv-01418-EMC           Document 264-1   Filed 10/25/24   Page 1 of 17




 1    Andre M. Mura (SBN 298541)                      Geoffrey A. Graber (SBN 211547)
      Ezekiel S. Wald (SBN 341490)                    Karina G. Puttieva (SBN 317702)
 2
      GIBBS LAW GROUP LLP                             COHEN MILSTEIN SELLERS & TOLL
 3    1111 Broadway, Suite 2100                       PLLC
      Oakland, CA 94607                               1100 New York Ave. NW, Fifth Floor
 4                                                    Washington, DC 20005
      Telephone: (510) 350-9700
 5    Facsimile: (510) 350-9701                       Telephone: (202) 408-4600
      amm@classlawgroup.com                           Facsimile: (202) 408-4699
 6    zsw@classlawgroup.com                           ggraber@cohenmilstein.com
 7                                                    kputtieva@cohenmilstein.com

 8
 9
10
11
12   Attorneys for Plaintiffs and the Class
13
14
                            UNITED STATES DISTRICT COURT FOR THE
15
                              NORTHERN DISTRICT OF CALIFORNIA
16                                SAN FRANCISCO DIVISION
17   CAT BROOKS and RASHEED SHABAZZ,                 Case No. 3:21-cv-1418-EMC-KAW
18   individually and on behalf of all others
     similarly situated,                             DECLARATION OF ANDRE MURA AND
19                                                   GEOFFREY GRABER IN SUPPORT OF
20                  Plaintiffs,                      PLAINTIFFS’ MOTION FOR ATTORNEYS’
            v.                                       FEES, COSTS, AND SERVICE AWARDS
21
22   THOMSON REUTERS CORPORATION,

23                                                   Date: February 13, 2024
                    Defendant.                       Time: 1:30 p.m.
24                                                   Place: Courtroom 5, 17th Floor
                                                     Judge: Hon. Edward M. Chen
25
26
27
28


     DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF PLAINTIFFS’
                  MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                          Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC         Document 264-1          Filed 10/25/24   Page 2 of 17




 1          Plaintiffs’ counsel Andre Mura of Gibbs Law Group LLP and Geoffrey Graber of
 2   Cohen Milstein Sellers & Toll PLLC, declare under penalty of perjury:
 3          1.     Andre Mura and Geoffrey Graber represent Plaintiffs in this certified class
 4   action and respectfully submit this declaration in support of Plaintiffs’ Motion for Attorneys’
 5   Fees, Costs, and Service Awards. We have personal knowledge of the facts set forth below
 6   and if called as witnesses, could and would testify competently to them.
 7                                      Complaint Allegations
 8          2.     This case arises from allegations concerning Thomson Reuters’ operation of its
 9   online platform CLEAR. Plaintiffs allege that, through its “public records platform” CLEAR,
10   Thomson Reuters offers customers access to information about individuals across the United
11   States, including Californians. ECF No. 148-2 at 2.
12          3.     Plaintiffs’ allegations detail that Thomson Reuters licenses access to large
13   volumes of information to power CLEAR from third party data providers. Id.at 2-6. It takes
14   this information, processes it, and creates “reports” on individuals, reports that can contain
15   a huge array of personal details about any particular Californian. Id. Some of the data is
16   otherwise public, and some of the data is not. Id. at 2.
17                   Class Counsel’s Work in Securing the Proposed Settlement
18          4.     During this litigation, our firms extensively investigated the facts, aggressively
19   litigated the case, and developed a strong understanding of the strengths and weaknesses
20   and value of the claims. This research included review of publicly available information
21   regarding the industry and consultation with investigators.
22          5.     On December 3, 2020, Plaintiffs filed a putative class action complaint against
23   Thomson Reuters on behalf of Californians whose personal information was made available
24   through CLEAR. The complaint asserted that Thomson Reuters’ compilation and sale of
25   access to Californians’ personal information without their consent violated state privacy and
26   consumer protection law and unjustly enriched Thomson Reuters. ECF No. 1-1.
27          6.     Thomson Reuters responded to the complaint by moving to dismiss. After full
28   briefing and oral argument, the Court granted and denied the motion in part. ECF No. 54.

                                            1
           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC         Document 264-1       Filed 10/25/24    Page 3 of 17




 1   The Court dismissed Plaintiffs’ claims under California’s right of publicity (statutory and
 2   common law), and Plaintiffs’ claim for violations of the “unlawful” prong of California’s
 3   Unfair Competition Law. Id. The Court permitted Plaintiffs’ claim for injunctive relief for
 4   violations of the “unfair” prong of the UCL to proceed, along with a claim for unjust
 5   enrichment. Id.
 6          7.     Thomson Reuters then answered Plaintiffs’ complaint in September 2021. ECF
 7   No. 60.
 8          8.     Plaintiffs filed an amended complaint conforming to the Court’s motion to
 9   dismiss, and moved for certification of their remaining claims. ECF Nos. 123, 130. Both
10   parties prepared extensive expert testimony regarding class certification, and challenged the
11   admissibility of the opposing party’s experts. ECF No. 201.
12          9.     In May and July 2023, the Court denied both parties’ motions to exclude the
13   other’s experts, and granted Plaintiffs’ Motion for Class Certification. ECF Nos. 206, 213. The
14   Court found that Plaintiffs had shown that their “right to control” theory showed a traceable
15   and redressable injury in fact, and that Plaintiffs’ remaining claims satisfied the requirements
16   of Rule 23(a) and 23(b), certifying both of Plaintiffs’ claims under Rule 23(b)(3), and
17   additionally certifying Plaintiffs’ claim for injunctive relief under California’s UCL under
18   Rule 23(b)(2). ECF No. 213.
19          10.    Thomson Reuters petitioned the Ninth Circuit for interlocutory review of the
20   Court’s class certification order, ECF No. 223, which Plaintiffs opposed. The Ninth Circuit
21   denied Thomson Reuters’ motion. ECF No. 228.
22          11.    Thus, at the time the parties subsequently reached a settlement, many of the
23   issues of law had been thoroughly briefed, vetted, and aired. The parties, therefore, had a
24   strong understanding of the legal issues and causes of action—framed by this Court’s
25   decisions and the Ninth Circuit’s—involved in this case.
26          12.    At the time the parties reached a settlement, Plaintiffs had served nine
27   comprehensive sets of Request for Production of Documents on Thomson Reuters (“RFPs”).
28   Thomson Reuters provided responses to these ninety-seven RFPs, and indeed, as a result of

                                            2
           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC         Document 264-1       Filed 10/25/24     Page 4 of 17




 1   extensive meeting and conferring between the parties, served many amended, supplemental
 2   responses to take into account any agreements reached during the meet and confer process
 3   and to conform the responses to the agreements reached regarding Thomson Reuters’
 4   objections.
 5          13.    As a result of these considerable efforts, by the time of settlement, Thomson
 6   Reuters had produced nearly 80,000 documents, totaling nearly 500,000 pages.
 7          14.    Plaintiffs also served, and received responses to, several comprehensive sets of
 8   Interrogatories (totaling twenty-three in number). After extensive meeting and conferring,
 9   Thomson Reuters agreed to amend its responses multiple times to provide supplemental
10   information important to Plaintiffs’ case.
11          15.    Plaintiffs also served, and received responses to, sixty-five requests for
12   admission. In addition, Plaintiffs took seven fact depositions, three expert depositions, and
13   deposed Thomson Reuters pursuant to Rule 30(b)(6).
14          16.    Plaintiffs also engaged in discovery motion practice before this Court, and
15   later, the Honorable Magistrate Judge Kandis A. Westmore. ECF Nos. 82, 96. For example,
16   this Court heard and ruled upon a dispute regarding Thomson Reuters’ production of its
17   data licensing agreements. ECF No. 82. This was critical, because the licensing agreements
18   would set out the universe of information available through CLEAR, and the entities that
19   supplied the data Thomson Reuters made available through its platform.
20          17.    The parties also briefed issues relating to Plaintiffs’ ability to access and review
21   the CLEAR platform, and to Thomson Reuters’ obligations to produce supplemental
22   information as the case proceeded. ECF Nos. 120, 212.
23          18.    Plaintiffs also responded to extensive discovery requests from Thomson
24   Reuters. Thomson Reuters served twenty-three interrogatories and fifty-eight RFPs. Named
25   Plaintiffs Cat Brooks and Rasheed Shabazz collected nearly 700,000 documents for Plaintiffs’
26   counsel to review in response to these discovery requests, and ultimately produced more
27   than 40,000 pages of responsive information. Plaintiffs’ counsel worked closely with both
28

                                            3
           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC         Document 264-1      Filed 10/25/24    Page 5 of 17




 1   Named Plaintiffs to prepare responses to this written discovery, and to review and produce
 2   the responsive information Thomson Reuters sought.
 3          19.     Thomson Reuters also deposed both Plaintiffs, each of whom spent time with
 4   counsel preparing to testify.
 5          20.     Beyond fact discovery, the parties completed expert discovery related to class
 6   certification (with Plaintiffs propounding two expert reports, and Thomson Reuters three).
 7   Plaintiffs’ testifying experts at class certification were: Joseph Turow, Ph.D., a renowned
 8   privacy scholar and the Robert Lewis Shayon Professor of Communication at the Annenberg
 9   School for Communication at the University of Pennsylvania, and Terry Lloyd, CPA, CFA,
10   the Managing Director of Finance Scholars Group, Inc. ECF Nos. 206, 213.
11          21.     Plaintiffs deposed Thomson Reuters’ three class certification rebuttal experts.
12          22.     Thomson Reuters also deposed both of Plaintiffs’ class certification experts.
13          23.     Further, Plaintiffs briefed and argued class certification and Daubert as it
14   related to the parties’ class certification experts and rebuttal experts. After obtaining class
15   certification, Plaintiffs opposed Thomson Reuters’ appeal to the Ninth Circuit pursuant to
16   Fed. R. Civ. P. 23(f).
17          24.     The parties also prepared and exchanged merits expert reports, with Plaintiffs
18   preparing five primary expert reports for trial, and Thomson Reuters preparing three more.
19   Rebuttal and reply merits expert reports were scheduled to be prepared, but the settlement
20   obviated the need for further expert discovery.
21          25.     Plaintiffs’ testifying experts on the merits were: Professor Turow; Mr. Lloyd;
22   Sarah Lamdan, J.D., the Deputy Director of the American Library Association (and a former
23   professor at CUNY School of Law); Becky Yoose, CIPP/US, CIPT, a library scientist and data
24   privacy consultant and the founder of LDH Consulting Services; and Sarah Butler, MA, the
25   Senior Managing Director of National Economic Research Associates, Inc.
26          26.     Class Counsel also engaged in extensive, arms’ length settlement discussions
27   with Thomson Reuters before class certification and after. In particular, after class
28   certification, the parties held in-person meetings, video meetings, exchanged mediation

                                            4
           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC          Document 264-1      Filed 10/25/24    Page 6 of 17




 1   statements, and exchanged settlement proposals. The proposed settlement was arrived at
 2   only after both sides had the opportunity to be fully informed of the relative strengths and
 3   weaknesses of their positions, litigation risks, and issues involving ability to pay. Settlement
 4   was only reached after discovery was essentially complete in this action.
 5          27.    We and members of our respective law firms have been intimately involved in
 6   this case. Gibbs Law Group LLP and its attorneys and staff have worked on this case since
 7   before it was filed on December 3, 2020. Cohen Milstein Sellers Toll PLLC and its attorneys
 8   and staff have worked on this case since October 2022. In addition, attorneys at Gupta
 9   Wessler LLP, Justice Catalyst, and the Surveillance Technology Oversight Project (S.T.O.P.),
10   who also represent the named plaintiffs, worked to develop the case and assisted at various
11   points with the litigation, though neither Justice Catalyst nor S.T.O.P. is applying for fees
12   from the common fund.
13          28.    Through this litigation, Class Counsel have faced substantial risks, including:
14                    a. The risk of litigating against one of the largest and most sophisticated
15                        law firms in the world with access to seemingly limitless resources.
16                    b. The risk that the novel complaint would not withstand the motion to
17                        dismiss.
18                    c. The risk that Defendant would, and in fact has, vehemently contested
19                        Plaintiffs’ claims.
20                    d. The risk that Defendant would prevail on its arguments at any phase of
21                        this litigation.
22                    e. The risk of not achieving class certification.
23                    f. The changing landscape of the law with respect to proving damages and
24                        class actions generally.
25                    g. The risk of an unfavorable ruling at summary judgment eliminating one
26                        or both of Plaintiffs’ remaining claims.
27                    h. The risk that Plaintiffs’ novel legal claims, even if successful at trial,
28                        would be overturned on appeal.

                                            5
           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC         Document 264-1       Filed 10/25/24    Page 7 of 17




 1                                            Attorneys’ Fees
 2          29.     The hourly rates for the attorneys, paralegals, and law clerks at Gibbs Law
 3   Group are as follows: partner hourly rates range from $730 to $915; counsel hourly rates
 4   range from $795 to $850; associate hourly rates range from $445 to $665; and litigation
 5   assistants’ rates range from $220 to $240. The total number of hours spent by Gibbs Law
 6   Group during the relevant time period based on contemporaneous time records is 7,331.2
 7   hours, with a corresponding lodestar of $4,543,362.50. This does not include any attorneys
 8   and staff who billed less than 50 hours, and it does not include the work of contract attorneys
 9   who assisted in document review, which totals 1,444.40 hours. Courts have accepted the rates
10   of Gibbs Law Group LLP attorneys in this District, including in In Re: Robinhood Outage Litig.,
11   No. 3:20-cv-01626-JD, ECF No. 191-6 at Ex. A (N.D. Cal. Mar. 27, 2023) (reporting $835 per
12   hour for Mura; $775 per hour for Troutman), ECF No. 203 at ¶ 7 (N.D. Cal. Jul. 28, 2023)
13   (finding rates reasonable); In re Zoom Video Commc’ns, Inc. Priv. Litig., No. 3:20-cv-02155-LB,
14   2022 WL 1593389, at *11 (N.D. Cal. Apr. 21, 2022) (accepting rates of Andre Mura, Amanda
15   Karl, and Jeff Kosbie as reasonable), ECF No. 218-5 at 6 (N.D. Cal. Jan. 28, 2022) (reporting
16   $775 per hour for Mura; $465 per hour for then-associate Karl; and $510 for Kosbie); Tyler
17   Barnett PR, LLC v. Facebook, Inc., No. 4:16-cv-06232-JSW, ECF Nos. 204-3 at 2 (N.D. Cal. Jan.
18   15, 2020) (reporting $710 per hour for Stein), 211 at 4 (N.D. Cal. June 26, 2020) (finding rates
19   reasonable).
20                                 Years of
      Timekeeper      Title                        Rate    Hours      Lodestar
21                                 Practice
22    Brooks,
                      Associate    2               $445    145.6      $64,792.00
23    Delaney
24    Graham,
                      Counsel      20              $795    77.4       $61,533.00
25    Kristy
26    Jensen,
                      Associate    4               $490    740.5      $362,845.00
27    Hanne
28

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           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
         Case 3:21-cv-01418-EMC            Document 264-1        Filed 10/25/24       Page 8 of 17




 1    Karl,
                       Partner        9             $730        102.2       $74,606.00
 2    Amanda
 3    Kincaid,         Litigation
                                      N/A           $240        92.6        $22,224.00
 4    Lindsey          Assistant
 5    Kosbie, Jeff     Associate      8             $665        168.6       $112,119.00
 6    Mura, Andre Partner             19            $915        1,095.3     $1,002,199.50
 7    Norton,          Litigation
                                      N/A           $220        153.8       $33,836.00
 8    Gillian          Assistant
 9    Stein, Dave      Partner        15            $895        129.5       $115,902.50
10    Troutman,
                       Counsel        20            $850        938.6       $797,810.00
11    Mark
12    Wald, Zeke       Associate      3             $490        3,467.8     $1,699,222.00
13    Zeman, Amy Partner              13            $895        219.3       $196,273.50
14    Total:                                                    7,331.2     $4,543,362.50
15
16            30.    The hourly rates for the attorneys, paralegals, and law clerks at Cohen Milstein
17   Sellers & Toll PLLC are as follows: partner hourly rates range from $980 to $1050; associate
18   hourly rates are $675; investigator hourly rates are $645; and paralegal hourly rates are $380.
19   The total number of hours spent by Cohen Milstein during the relevant time period based
20   on contemporaneous time records is 1,396.2 hours, with a corresponding lodestar of
21   $910,525.00. Courts that have accepted the rates of Cohen Milstein Sellers & Toll attorneys
22   include: Prescott v. Reckitt Benckiser LLC, 5:20-cv-02101 (N.D. Cal.), ECF Nos. 197-1 at 4
23   (setting out billing rates), 201 at 2 (approving fee request); Ariza et al v. Luxottica Retail North
24   America, 1:17-cv-05216 (E.D.N.Y.), ECF Nos. 356-1 at 3-4 (setting out billing rates), 375 at 29
25   (approving fee request).
26    Timekeeper            Title           Years of Practice      Rate       Hours         Lodestar
27
      Clarke, Suzanne       Investigator    N/A                    $645       1.3           $838.50
28
      Graber, Geoffrey      Partner         24                     $1,050     117.5         $123,375.00
                                               7
              DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
                 PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                               Case No. 3:21-cv-1418-EMC-KAW
           Case 3:21-cv-01418-EMC        Document 264-1       Filed 10/25/24       Page 9 of 17




 1    Hamdan,
                           Paralegal      N/A                   $380       8            $3,040.00
 2    Shireen
 3    Horowitz,
                           Paralegal      N/A                   $380       308.7        $117,306.00
 4    Jennifer E.
 5    McCubbin, Erin       Paralegal      N/A                   $380       12.3         $4,674.00
 6    Nugent, Victoria
                           Partner        25                    $980       91.4         $89,572.00
 7    S.
 8    Puttieva, Karina     Associate      7                     $675       834.1        $563,017.50
 9    Shea, Caitlin        Paralegal      N/A                   $380       22.9         $8,702.00
10    Total:                                                               1396.2       $910,525.00
11
12          31.     The hourly rates for the two attorneys at Gupta Wessler LLP who worked on
13   this case are: $1,100 for a principal (partner) who is the head of the San Francisco office; and
14   $800 for an associate with ten years of experience. In this case, however, Gupta Wessler is
15   requesting a discounted hourly rate of $915 for the partner, and $665 for the associate,
16   consistent with the rates of other partners and associates in this litigation and in this District.
17   The total number of hours spent by Gupta Wessler during the relevant time period based on
18   contemporaneous time records is 124 hours, with a corresponding lodestar of $105,760.00.
19                                      Years of
      Timekeeper         Title                               Rate       Hours            Lodestar
20                                      Practice
21    Jennifer
                         Principal      10                   $915       93.2             $85,278.00
22    Bennett
23    Neil Sawhney       Associate      10                   $665       30.8             $20,482.00
24    Total:                                                            124.0            $105,760.00
25
26
            32.     The total hours spent across Gibbs Law Group LLP, Cohen Milstein Sellers &
27
     Toll PLLC, and Gupta Wessler LLP during this litigation to date is 8,851.4, with a
28
     corresponding lodestar of $5,559,647.50. The following table reflects the breakdown of these
                                             8
            DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
               PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                             Case No. 3:21-cv-1418-EMC-KAW
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 1   total hours across 14 task code categories, which are modeled on the categories adopted in
 2   In re: Soc. Media Adolescent Addiction/Pers. Injury Prods. Liab. Litig., No. 22-md-03047-YGR
 3   (N.D. Cal. Mar. 15, 2023), ECF No. 190 at Ex. A. Those categories are as follows:
 4                    a. “Case management duties” covers the general administrative
 5                       leadership responsibilities associated with organizing and managing
 6                       this litigation, such as preparing case management statements.
 7                    b. “Leadership calls and meetings” covers contemporaneous meetings
 8                       between lead counsel and supporting counsel directing the litigation.
 9                    c. “Administrative” covers organizational tasks such as monitoring
10                       expenses and updating calendars.
11                    d. “Court appearances and preparation” covers counsel’s time preparing
12                       for and attending hearings.
13                    e. “Pleadings/briefing/pre-trial      motions/legal      memoranda”       covers
14                       research and drafting time spent for specific pleadings, briefs, motions,
15                       or similar legal writing, time spent reviewing, analyzing, and
16                       summarizing filings and orders of the Court, and similar legal research
17                       and writing tasks. This includes, for example, preparing memoranda on
18                       class certification issues, drafting and editing the class certification brief,
19                       researching and writing specific discovery briefs, and so on.
20                    f. “Research” covers legal research time that is cross-category and not
21                       specifically affiliated with a specific in-progress brief, filing, or
22                       memorandum.
23                    g. “Litigation strategy and analysis” covers time spent on strategy and
24                       analysis to support the advancement of the case, including on the merits
25                       and class certification.
26                    h. “Document review and analysis” covers review of document discovery
27                       produced in this litigation and analysis as to the import of that
28                       documentary evidence.

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           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
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 1                    i. “Discovery” covers most discovery related tasks, including discovery
 2                         for class certification and the merits
 3                    j.   “Experts” covers communication with and retention of experts, time
 4                         spent on expert reports and expert discovery (documentary and
 5                         depositions), and time spent working with experts preparing for
 6                         Daubert briefing and hearings, and the like.
 7                    k. “Settlement” covers strategic discussions between counsel regarding
 8                         settlement, participation in mediations and drafting mediation
 9                         statements, preparation of term sheets and a master settlement
10                         agreement, discussions with the settlement administrator, preparation
11                         of class notice, and so on.
12                    l.   “Trial preparation” covers time spent preparing for trial in this
13                         litigation.
14                    m. “Appeal” covers tasks related to appeals, including time spent
15                         reviewing and opposing Thomson Reuters’ 23(f) appeal of the Court’s
16                         order granting class certification.
17                    n. “Miscellaneous” covers time that could not be accurately categorized
18                         into one of the more specific categories described above.
19          33.   The breakdown per category across all firms is as follows:
20   Task                                  Hours Spent                    Lodestar
21   Case management duties                13.6                           $11,888.50
22   Leadership calls/meetings             66.5                           $44,645.50
23   Administrative                        36                             $18,001.00
24   Court appearances                     62.7                           $49,638.50
25   Pleadings/briefing/pre-trial
                                           1,844.1                        $1,098,397.00
26   motions/legal memoranda
27   Research                              307.5                          $159,306.00
28   Litigation strategy & analysis        201.6                          $150,665.50
                                           10
          DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
             PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                           Case No. 3:21-cv-1418-EMC-KAW
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 1    Document review & analysis          537.5                         $288,047.00
 2    Discovery                           3,244.9                       $2,123,816.00
 3    Experts                             1,886.2                       $1,144,871.50
 4    Settlement                          615.7                         $446,074.50
 5    Trial preparation                   0                             $0
 6    Appeal                              35.1                          $24,296.50
 7    Miscellaneous                       0                             $0
 8    Total:                              8,851.4                       $5,559,647.50
 9
10          34.    The breakdown per biller per law firm is provided below in Exhibit 1.
11                                        Costs and Expenses
12          35.    The total unreimbursed costs and expenses incurred during this litigation are
13   $670,885.29. Co-Lead Counsel have previously submitted a breakdown of these costs into
14   particular cost categories to the Court. ECF No. 250 at 6. We provide here an updated
15   summary of unreimbursed costs and expenses for the Court’s review.
16
      Total Accounting                                                          Expenses
17    Discovery Vendor                                                              $ 187,348.50
18    Experts                                                                       $ 268,033.75
      Mediation                                                                     $ 106,853.00
19    Westlaw / Case Research                                                       $ 25,994.42
20    Depositions                                                                   $ 57,334.97
21    Copying and service delivery charges                                          $    4,052.55
      Travel & hotels                                                               $ 19,345.44
22    Filing, Pacer, and document download fees                                     $      456.08
23    Meals                                                                         $    1,466.58
      Total                                                                     $ 670,885.29
24
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            36.    The costs and expenses incurred in this action were advanced by Gibbs Law
26
     Group LLP in the amount of $358,949.17, Cohen Milstein Sellers & Toll PLLC in the amount
27
     of $201,758.12, and Justice Catalyst, in the amount of $110,178.00. Receipts are available upon
28
     the Court’s request.
                                            11
           DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
              PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                            Case No. 3:21-cv-1418-EMC-KAW
        Case 3:21-cv-01418-EMC       Document 264-1      Filed 10/25/24    Page 13 of 17




 1
 2         We declare under penalty of perjury that the foregoing is true and correct to the best
 3   of our knowledge. Executed on October 25, 2024.
 4
 5                                                 /s/ Andre M. Mura
                                                   Andre M. Mura
 6
                                                   Gibbs Law Group LLP
 7
                                                   /s/ Geoffrey Graber
 8                                                 Geoffrey Graber
 9                                                 Cohen Milstein Sellers & Toll PLLC

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                                           12
          DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
             PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                           Case No. 3:21-cv-1418-EMC-KAW
        Case 3:21-cv-01418-EMC       Document 264-1       Filed 10/25/24    Page 14 of 17




 1                                        ATTESTATION
 2         Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
 3   document has been obtained from the other signatory.
 4
 5                                                 /s/ Andre M. Mura
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                                           13
          DECLARATION OF ANDRE MURA & GEOFFREY GRABER IN SUPPORT OF
             PLAINTIFFS’ MOTION FOR FEES, COSTS, AND SERVICE AWARDS
                           Case No. 3:21-cv-1418-EMC-KAW
Case 3:21-cv-01418-EMC   Document 264-1    Filed 10/25/24   Page 15 of 17




                     EXHIBIT 1




                               Exhibit 1
                                  Case 3:21-cv-01418-EMC               Document 264-1              Filed 10/25/24      Page 16 of 17




                                                                      Category Codes
       (1) Case management duties                      (2) Leadership calls/meetings (3) Administrative                           (4) Court Appearances &
                                                                                                                                  Preparation
       (5) Pleadings/briefing/pre-trial                (6) Research                               (7) Litigation strategy         (8) Document review &
       motions/legal memoranda                                                                    & analysis                      analysis
       (9) Discovery                                   (10) Experts                               (11) Settlement                 (12) Trial Preparation
       (13) Appeal                                     (14) Miscellaneous

Name        Title (Years)   1      2      3     4        5       6       7        8         9          10      11      12    13     14    Total    Rate     Lodestar
Brooks,
            Associate (2)
Delaney                     0.0    0.0    0.0   0.0      127.3   11.2    0.0      0.0       7.1        0.0     0.0     0.0   0.0    0.0   145.6    $445     $64,792.0
Graham,
            Counsel (20)
Kristy                      0.0    0.0    0.0   0.0      51.5    0.0     0.0      0.0       25.9       0.0     0.0     0.0   0.0    0.0   77.4     $795     $61,533.0
Jensen,
            Associate (4)
Hanne                       0.0    20.8   0.1   2.3      261.4   19.8    32.9     0.1       123.0      263.6   16.5    0.0   0.0    0.0   740.5    $490     $362,845.0
Karl,
            Partner (9)
Amanda                      0.0    0.0    0.1   0.0      75.9    17.5    0.2      0.0       8.5        0.0     0.0     0.0   0.0    0.0   102.2    $730     $74,606.0
Kincaid,    Litigation
Lindsey     Assistant       0.0    0.0    5.3   0.0      2.0     0.0     0.0      46.0      13.1       22.9    3.3     0.0   0.0    0.0   92.6     $240     $22,224.0
Kosbie,
            Associate (8)
Jeff                        0.0    4.4    0.3   2.2      43.7    0.0     0.0      0.0       118.0      0.0     0.0     0.0   0.0    0.0   168.6    $665     $112,119.0
Mura,
            Partner (19)
Andre                       9.4    10.0   3.5   42.6     234.4   2.3     87.9     1.2       336.8      143.5   215.9   0.0   7.8    0.0   1095.3   $915     $1,002,199.5
Norton,     Litigation
Gillian     Assistant       0.0    0.0    0.0   0.0      0.0     0.0     0.0      104.1     34.0       15.7    0.0     0.0   0.0    0.0   153.8    $220     $33,836.0
Stein,
            Partner (15)
Dave                        0.0    0.0    0.0   0.0      1.7     0.0     3.7      0.0       51.0       73.1    0.0     0.0   0.0    0.0   129.5    $895     $115,902.5
Troutman,
            Counsel (20)
Mark                        0.0    0.5    0.0   0.0      46.2    12.7    0.0      152.6     670.4      47.4    8.8     0.0   0.0    0.0   938.6    $850     $797,810.0
Wald,
            Associate (3)
Zeke                        0.0    3.6    4.1   13.3     868.8   196.7   30.7     190.7     1173.3     724.3   252.9   0.0   9.4    0.0   3467.8   $490     $1,699,222.0
Zeman,
            Partner (13)
Amy                         0.0    1.3    3.0   0.0      10.2    0.0     0.0      0.0       34.5       165.1   5.2     0.0   0.0    0.0   219.3    $895     $196,273.5
Clarke,
            Investigator
Suzanne                     0.0    0.0    0.0   0.0      0.0     0.0     0.0      0.0       0.8        0.5     0.0     0.0   0.0    0.0   1.3      $645     $838.5
Graber,
            Partner (24)
Geoffrey                    0.8    2.6    0.0   0.0      0.0     0.0     2.3      0.0       1.5        29.5    80.8    0.0   0.0    0.0   117.5    $1,050   $123,375.0



                                                                                Exhibit 1
                                      Case 3:21-cv-01418-EMC               Document 264-1              Filed 10/25/24       Page 17 of 17




Hamdan,
               Paralegal
Shireen                        0.0     0.0    0.0    0.0    0.0      0.0     0.0      0.0       0.0        8.0      0.0     0.0   0.0    0.0   8.0      $380   $3,040.0
Horowitz,
               Paralegal
Jennifer E.                    0.0     4.9    17.6   0.0    4.4      34.2    2.3      0.0       110.9      133.6    0.8     0.0   0.0    0.0   308.7    $380   $117,306.0
McCubbin,
               Paralegal
Erin                           0.0     0.0    0.0    0.0    0.0      0.0     0.0      0.0       0.0        0.0      12.3    0.0   0.0    0.0   12.3     $380   $4,674.0
Nugent,
               Partner (25)
Victoria, S.                   0.5     6.6    1.0    0.0    6.4      0.0     8.1      3.0       35.1       30.7     0.0     0.0   0.0    0.0   91.4     $980   $89,572.0
Puttieva,
               Associate (7)
Karina                         2.9     11.8   0.3    2.3    36.2     5.5     26.1     39.8      481.6      211.8    15.8    0.0   0.0    0.0   834.1    $675   $563,017.5
Shea,
               Paralegal
Caitlin                        0.0     0.0    0.0    0.0    0.0      0.0     0.0      0.0       11.9       11.0     0.0     0.0   0.0    0.0   22.9     $380   $8,702.0
Bennett,       Principal
Jennifer       (10)            0.0     0.0    0.7    0.0    64.3     3.2     7.4      0.0       7.3        4.3      3.4     0.0   2.6    0.0   93.2     $915   $85,278.0
Sawhney,       Associate
Neil           (10)            0.0     0.0    0.0    0.0    9.7      4.4     0.0      0.0       0.2        1.2      0.0     0.0   15.3   0.0   30.8     $665   $20,482.0
Total:                         13.6    66.5   36.0   62.7   1844.1   307.5   201.6    537.5     3244.9     1886.2   615.7   0.0   35.1   0.0   8851.4          $5,559,647.50




                                                                                    Exhibit 1


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