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Proposed Order — Brooks v. Thomson Reuters Corporation (Dkt. 241.6)

Summary

A [Proposed] Order Granting Preliminary Approval of Class Action Settlement, Document 241-6, filed 08/29/24 in Brooks v. Thomson Reuters Corporation, Case No. 3:21-cv-01418-EMC-KAW (N.D. Cal.), for Hon. Edward M. Chen. The proposed text would find the settlement the result of non-collusive negotiations assisted by former United States District Judge Layn Phillips, preliminarily certify a settlement class of California residents whose information Thomson Reuters made available for sale through CLEAR, and note the class comprises approximately 40 million individuals. It would appoint Cat Brooks and Rasheed Shabazz as Class Representatives, Andre M. Mura and Geoffrey Graber as Class Counsel, and Angeion Group, LLC as Settlement Administrator, and sets opt-out and objection periods of 56 calendar days. The Class Period starts December 3, 2016, and the date and signature lines are blank.

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“Proposed Order — Brooks v. Thomson Reuters Corporation (Dkt. 241.6).” Original at ecf.cand.uscourts.gov, No. 3:21-cv-01418-EMC, Doc. 241-6. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-brooks-thomsonreuters-cand-374304/2024-08-29-gov-uscourts-cand-374304-241-6-gov-uscourts-cand-374304-241-6/, SHA-256 e5f0adb035689022f207eb4787a102984bfbd0e949bcf410c20b3c20844a2748.

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Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 1 of 9

9
UNITED STATES DISTRICT COURT FOR THE
10
NORTHERN DISTRICT OF CALIFORNIA
11 SAN FRANCISCO DIVISION

12 CAT BROOKS and RASHEED SHABAZZ, Case No. 3:21-cv-01418-EMC-KAW
individually and on behalf of all others
13
similarly situated, [PROPOSED] ORDER GRANTING
14 PRELIMINARY APPROVAL OF
Plaintiffs, CLASS ACTION SETTLEMENT
15 v.
16 Judge: Hon. Edward M. Chen
THOMSON REUTERS CORPORATION,
17
Defendant.
18
19

[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 2 of 9

1 This matter is before the Court on Plaintiffs’ motion for preliminary approval of the

2 proposed class action settlement. Plaintiffs, individually and on behalf of the proposed

3 settlement class, and Defendants have entered into a Settlement Agreement and Release that,

4 if approved, would settle this litigation.

5 Having considered the motion, any response, and reply, the Settlement Agreement

6 together with all exhibits and attachments thereto, the record in this matter, and the briefs and

7 arguments of counsel, IT IS HEREBY ORDERED as follows:

8 1. Unless otherwise defined herein, all terms that are capitalized herein shall have

9 the same meaning ascribed to those terms in the Settlement Agreement.

10 2. The Court has jurisdiction over this litigation, Plaintiffs, Defendant, and

11 Settlement Class Members, and any party to any agreement that is part of or related to the

12 Settlement Agreement.

13 PRELIMINARY APPROVAL

14 3. The Court has reviewed the terms of the proposed Settlement Agreement, the

15 exhibits and attachments thereto, Plaintiffs’ motion papers and briefs, and the declarations of

16 counsel. Based on its review of these papers, the Court finds that the Settlement Agreement

17 appears to be the result of serious, informed, non-collusive negotiations conducted with the

18 assistance of former United States District Judge Layn Phillips. The Court further observes that
19 the Settlement Agreement is the product of almost four years of litigation, including a motion

20 to dismiss, contested class certification, a motion for interlocutory appeal, several discovery

21 motions, and the completion of fact discovery, with substantial expert discovery already

22 completed. The terms of the Settlement Agreement do not improperly grant preferential

23 treatment to any individual or segment of the Settlement Class; do not exhibit any signs of

24 collusion, explicit or subtle; and fall within the range of possible approval as fair, reasonable,

25 and adequate, and thus likely to gain final approval.

26 4. The Court therefore GRANTS preliminary approval of the Settlement Agreement

27 and all of the terms and conditions contained therein.

28
1
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 3 of 9

1 PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS

2 5. Pursuant to Federal Rule of Civil Procedure 23, the Court preliminarily certifies,

3 for settlement purposes only, the Settlement Class defined as follows:

4 All persons who, during the Class Period, both resided in the state of California and
whose information Thomson Reuters made available for sale through CLEAR. 1
5

6 6. The Class Period is defined by the Settlement as December 3, 2016 through the

7 date that is 36 days before the Response Deadline for class members to submit claims for

8 monetary relief, opt-out of the settlement, or comment on the settlement. Because the Court sets

9 the Response Deadline as ___________ (56 days from this Order), the Class Period is thus

10 December 3, 2016 through ________________.

11 7. The Court preliminarily finds, for settlement purposes only, that the Settlement

12 Class satisfies the requirements of Federal Rule of Civil Procedure 23(a): the Settlement Class

13 is comprised of approximately 40 million individuals, there are questions of law or fact

14 common to the Settlement Class; the Settlement Class Representatives’ claims are typical of

15 those of Settlement Class Members; and the Settlement Class Representatives and their counsel

16 will fairly and adequately protect the interests of the Settlement Class.

17 8. The Court also preliminarily finds, for settlement purposes only, that the

18 Settlement Class satisfies the requirements of Federal Rule of Civil Procedure 23(b)(2) and
19 23(b)(3): the questions of law or fact common to the Settlement Class predominate over

20 individual questions, class action litigation is superior to other available methods for the fair

21 and efficient adjudication of this controversy, and defendants have acted or refused to act on

22 grounds that apply generally to the Settlement Class, such that injunctive relief is appropriate

23 respecting the Settlement Class as a whole. The Court has previously discussed why class

24 certification is appropriate in this case (ECF No. 222); the Court’s analysis in that order applies

25 in relevant part to certification of the Settlement Class.

26
1 Excluded from the Class are: officers and directors of Thomson Reuters, Class
27 Counsel, Judge Edward M. Chen, and any members of Judge Chen’s immediate family and
28 judicial staff.
2
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 4 of 9

1 9. The Court hereby appoints as Class Representatives: Cat Brooks and Rasheed

2 Shabazz.

3 10. The Court hereby appoints as Class Counsel: Andre M. Mura of Gibbs Law Group

4 LLP, and Geoffrey Graber of Cohen Milstein Sellers & Toll PLLC.

5 11. If for any reason this Court does not finally approve the Settlement Agreement,

6 or if the Date of Finality as defined in the Agreement does not occur, the conditional

7 certification of the Settlement Class shall be deemed null and void without further action by

8 this Court or any of the Parties. In such circumstances each Party shall retain all of its respective

9 currently existing rights to appeal the grant of class certification in this litigation or in any other

10 litigation on any other grounds.

11 12. Other than to effectuate and enforce the Settlement of this Action, the certification

12 of the Settlement Class for settlement purposes and all documents related thereto, including

13 the Settlement Agreement and all accompanying exhibits and all orders entered by the Court

14 in connection with the Settlement Agreement, shall not be otherwise admissible as evidence in

15 this Action, and are not intended to be used in any judicial, arbitral, administrative,

16 investigative, or other court, tribunal, forum or other proceeding.

17 NOTICE & ADMINISTRATION

18 13. Pursuant to the Settlement Agreement, the Parties have designated Angeion

19 Group, LLC as the Settlement Administrator. The Settlement Administrator shall perform all

20 the duties of the Settlement Administrator set forth in the Settlement Agreement.

21 14. The Court finds that the Notice and Notice Plan set forth in the Settlement

22 Agreement and the Declaration of Steven Weisbrot of Angeion Group, LLC, which includes a

23 digital advertising campaign, targeted social media advertisements, and a public website in

24 both English and Spanish, satisfy the requirements of due process and Federal Rule of Civil

25 Procedure 23 and provide the best notice practicable under the circumstances. The Notice and

26 Notice Plan are reasonably calculated to apprise the Settlement Class Members of the Nature

27 of this litigation, the scope of the Settlement Class, the terms of the Settlement Agreement, the

28 right of Settlement Class Members to object to the Settlement Agreement or exclude themselves
3
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 5 of 9

1 from the Settlement Class and the process for doing so, and of the Final Approval Hearing. The

2 Court therefore approves the Notice and Notice Plan, appoints Angeion Group, LLC

3 (“Settlement Administrator”) to serve as the Settlement Administrator, and directs the Parties

4 and the Settlement Administrator to proceed with providing notice to Settlement Class

5 Members pursuant to the terms of the Settlement Agreement and this Order.

6 15. Under the terms of the Settlement Agreement, the Settlement Administrator shall

7 begin disseminating the Notice and implement the Notice Plan within seven days of this Order.

8 16. The Court also approves the Claim Form.

9 17. The Settlement Administrator is authorized to establish the Settlement Fund

10 under 26 C.F.R. §§ 1.468B-1(d)(1) for federal tax purposes. The Settlement Fund shall be a court-

11 approved Qualified Settlement Fund (“QSF”) for federal tax purposes pursuant to Treas. Reg.

12 § 1.468B-1. Thomson Reuters and Thomson Reuters Enterprise Centre GmbH (“Thomson

13 Reuters”) shall be the “transferor” to the QSF within the meaning of Section 1.468B-1(d)(1) of

14 the Treasury Regulations with respect to the Settlement Fund. The Settlement Administrator

15 shall be the “administrator” of the QSF within the meaning of Section 1.468B-2(k)(3) of the

16 Treasury Regulations, responsible for causing the filing of all tax returns required to be filed by

17 or with respect to the QSF, paying from the QSF any taxes owed by or with respect to the QSF,

18 and complying with any applicable information reporting or tax withholding requirements
19 imposed by Section 1.468B-2(1)(2) of the Treasury Regulations or any other applicable law on

20 or with respect to the QSF. Thomson Reuters shall provide to the Settlement Administrator any

21 documentation reasonably requested by the Settlement Administrator that is required to obtain

22 QSF status for the Settlement Fund pursuant to Treas. Reg. § 1.468B-1. All taxes on income or

23 interest generated by the Settlement Fund, if any, shall be paid out of the Settlement Fund.

24 EXCLUSION & OBJECTIONS

25 18. Settlement Class Members who wish to opt-out and exclude themselves from the

26 Settlement Class may do so by notifying the Settlement Administrator in writing, received no

27 later than 56 calendar days after this Order. Class Members may not exclude themselves by

28
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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
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Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 6 of 9

1 telephone or by email. If a Class Members submits a Claim Form and a Request for Exclusion,

2 the Request for Exclusion will be deemed invalid.

3 19. To be valid, each Request for Exclusion must:

4 a. Include the Class Member’s full name and mailing address, telephone
number, and / or email address;
5
b. Swear that the Class Member resided in California for any period of time
6 between December 3, 2016 and ___________ (36 days before the Response
Deadline);
7
c. Include the statement “I wish to exclude myself from the Settlement Class
8 and do not wish to participate in the settlement in Brooks v. Thomson
Reuters Corp., No. 3:21-cv-01418, or substantially similar clear and
9 unambiguous language;
10 d. Include the Class Member’s handwritten or electronically imaged written
(e.g., “DocuSign”) signature. An attorney’s signature, or a typed
11 signature, is not sufficient. Exclusion letters must be signed by the Class
Member personally, and not a lawyer or anyone else acting on their behalf.
12 “Mass” or “class” opt-outs made on behalf of multiple persons or classes
of persons will be deemed invalid.
13

14 20. All Settlement Class Members who do not opt out and exclude themselves shall

15 be bound by the terms of the Settlement Agreement upon entry of the Final Approval Order

16 and Judgment.

17 21. Settlement Class Members who wish to object to the Settlement may do so by

18 submitting a written objection to the Court within 56 calendar days of this Order, in accordance
19 with the procedures outlined in the Notice. Any Settlement Class Member wishing to comment

20 on or object to the Settlement Agreement may do so by mailing a written objection to the Court

21 that is received within 56 calendar days of this Order, or by filing a comment or objection on

22 the docket in this Action within 56 calendar days of this Order.

23 22. The written objection must contain the following:

24 a. The name and case number of this lawsuit, Brooks v. Thomson Reuters Corp.,
No. 3:21-cv-01418;
25
b. The objector’s/commenter’s full name, mailing address, and email
26 address or telephone number;

27 c. An explanation of why the commenter or objector believes he or she or
they are a Settlement Class Member;
28
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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
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1 d. As to an objection, a statement whether the objection applies only to the
objector, or to a specific subset of the Settlement Class, or to the entire
2 Settlement Class;
3 e. All reasons for the objection or comment, stated with specificity;
4 f. A statement identifying the number of class action settlements the objector
has objected to or commented on in the last five years;
5
g. Whether the objector or commenter intends to personally appear and/or
6 testify at the Final Fairness and Approval Hearing;
7 h. The name and contact information of any and all attorneys representing,
advising, or assisting the commenter or objector, including any attorney
8 who may be entitled to compensation for any reason related to the
9 objection or comment;
i. For each attorney representing, advising, or assisting the objector, a
10
statement identifying every objection the attorney has filed to any other
11 class action settlements in the last five years;

12 j. Whether any attorney will appear on the objector’s or commenter’s behalf
at the Final Fairness and Approval Hearing, and if so the name and law
13 firm of that attorney;
14 k. Copies of any exhibits the objector intends to submit into evidence at the
Final Fairness and Approval Hearing;
15
l. The identity of any persons whom the objector or any attorney appearing
16 on the objector’s behalf wishes to call to testify at the Final Fairness and
Approval Hearing; and
17
m. The objector’s handwritten or electronically imaged written (e.g.
18 “DocuSign”) signature. An attorney’s signature, or a typed signature, is
19 not sufficient.

20 23. Any Settlement Class Member who does not timely submit a written objection in

21 accordance with these procedures and the procedures detailed in the Notice and Settlement

22 Agreement shall be deemed to have waived any objection, shall not be permitted to object to

23 the Settlement, and shall be precluded from seeking any review of the Settlement Agreement

24 and/or the Final Approval Order and Judgment by appeal or other means.

25 FINAL APPROVAL HEARING & SCHEDULE

26 24. The Court will hold a Final Approval Hearing on ______________, at 1:30 p.m. in

27 Courtroom 5, 17th Floor of the Northern District of California, San Francisco Courthouse, 450

28 Golden Gate Avenue, San Francisco California 94102.
6
[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 8 of 9

1 25. At the Final Approval Hearing, the Court will consider whether: (a) the

2 Settlement is fair, reasonable, and adequate; (b) the Settlement Class should be finally certified;

3 (c) a final judgment should be entered; (d) Class Counsel’s motion for attorneys’ fees and costs

4 should be granted; and (e) the Service Payments sought for Settlement Class Representatives

5 should be awarded.

6 26. The Court reserves the right to continue the date of the Final Approval hearing

7 without further notice to Settlement Class Members other than notice on the Court’s docket.

8 27. The Parties shall adhere to the following schedule unless otherwise directed by

9 the Court:

10 Event Date

11 Notice Begins 7 days after Order on Preliminary Approval

12 Deadline for Class Counsel to File Motion for 14 days after Order on Preliminary Approval,

13 Attorneys’ Fees and Costs which is 42 days before deadline to claim,

14 object, or opt out

15 Notice of Class Action Settlement Completed 42 days after Order on Preliminary Approval
Per Notice Plan
16
Response Deadline for Class Members to 56 days after Order on Preliminary Approval
17
Submit Claims for Monetary Relief, Opt-Out
18
of the Settlement, or Object
19
Responses to Objections Due 70 days after Order on Preliminary Approval
20
Deadline for Class Counsel to File Motion for 35 days prior to Fairness Hearing
21
Final Approval
22
Fairness Hearing ________________ (at least 120 days after
23
Order on Preliminary Approval)
24

25 28. All Settlement Class Members who do not validly opt out and exclude themselves
26 are hereby enjoined from pursuing or prosecuting any of the Released Claims as set forth in the

27 Settlement Agreement until further order of the Court.

28
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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 241-6 Filed 08/29/24 Page 9 of 9

1 29. In the event that the Settlement Agreement is terminated pursuant to the terms of

2 the Settlement Agreement, (a) the Settlement Agreement and this Order shall become void,

3 shall have no further force or effect, and shall not be used in any Action or any other

4 proceedings for any purpose other than as may be necessary to enforce the terms of the

5 Settlement Agreement that survive termination.

6 For the reasons discussed above, the Court GRANTS Plaintiffs’ motion for preliminary

7 approval.

8 IT IS SO ORDERED.

9
DATED: ___________________ __________________________
10
The Hon. Edward M. Chen
11 United States District Judge

18
19

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
Case No. 3:21-cv-01418-EMC-KAW

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