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JOINT STATEMENT AND [PROPOSED] ORDER REGARDING CY PRES by Cat… — Brooks v. Thomson Reuters Corporation (Dkt. 295)
Summary
A Joint Statement and [Proposed] Order Regarding Cy Pres, Document 295, filed 03/05/26 in Brooks v. Thomson Reuters Corporation, Case No. 3:21-cv-01418-EMC-KAW (N.D. Cal.). It recounts the October 28, 2025 post-distribution accounting, the November 4, 2025 status conference, Angeion's in camera submission of its contract with Blackhawk Engagement Solutions, and the November 17, 2025 order, and says the case was closed on January 13, 2026. After Angeion re-issued checks to approximately 81 individuals, the residual fund is $122,101.51. The parties ask the Court to appoint Consumer Reports as cy pres recipient and have Angeion distribute the funds within 14 days, and the proposed order's date and signature lines are blank.
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Cite this document
“JOINT STATEMENT AND [PROPOSED] ORDER REGARDING CY PRES by Cat… — Brooks v. Thomson Reuters Corporation (Dkt. 295).”
Original at ecf.cand.uscourts.gov, No. 3:21-cv-01418-EMC, Doc. 295. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-brooks-thomsonreuters-cand-374304/2026-03-05-gov-uscourts-cand-374304-295-0-gov-uscourts-cand-374304-295-0/
, SHA-256 b2140ee27850d7830422873521dafe2dd1dd223097fc936950fe9fa66cf36f9d.Full text
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 1 of 7
Andre M. Mura (SBN 298541) Geoffrey A. Graber (SBN 211547)
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Ezekiel S. Wald (SBN 341490) Karina G. Puttieva (SBN 317702)
2 GIBBS MURA LLP COHEN MILSTEIN SELLERS & TOLL
1111 Broadway, Suite 2100 PLLC
3 Oakland, CA 94607 1100 New York Ave. NW, Suite 800
Telephone: (510) 350-9700 Washington, DC 20005
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Facsimile: (510) 350-9701 Telephone: (202) 408-4600
5 amm@classlawgroup.com Facsimile: (202) 408-4699
zsw@classlawgroup.com ggraber@cohenmilstein.com
6 kputtieva@cohenmilstein.com
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11 Attorneys for Plaintiffs and the Certified Class
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15 UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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CAT BROOKS and RASHEED SHABAZZ, Case No. 3:21-cv-01418-EMC-KAW
18 individually and on behalf of all others
similarly situated, JOINT STATEMENT AND
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[PROPOSED] ORDER REGARDING
20 Plaintiffs, CY PRES
v.
21 Judge: Hon. Edward M. Chen
22 THOMSON REUTERS CORPORATION,
23 Defendant.
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 2 of 7
1 On October 28, 2025, the Parties submitted a Joint Statement Regarding Post-Distribution
2 Accounting. ECF No. 288. The Court held a status conference on November 4, 2025, at which
3 the parties discussed the post-distribution accounting, the Settlement Administrator—
4 Angeion’s—contractual relationship with the vendor that services the Prepaid Mastercard
5 payment option in this Settlement, and the parties’ submission of Consumer Reports as a
6 proposed cy pres recipient for any residual funds. See id.; see also ECF No. 290. The Court directed
7 Angeion to submit its contractual agreement with the vendor in camera for the Court’s review,
8 and informed the parties that, while the Court approved of Consumer Reports as an
9 appropriate cy pres recipient, it would resolve the matter of the cy pres distribution following
10 that in camera review. See ECF No. 290.
11 Angeion submitted its contract with Blackhawk Engagement Solutions in camera on
12 November 13, 2025. ECF Nos. 291, 292. On November 17, 2025, the Court issued an order
13 resolving ECF Nos. 288, 290, and noted that it would “not require further action on the part of
14 the parties or Angeion[,]” while also setting out guidance for parties and settlement
15 administrators going forward in class settlements. ECF No. 294. On January 13, 2026, the Court
16 closed the case.
17 In connection with the Parties’ October 28 post-distribution accounting statement,
18 Angeion reported that $136,739.59 remained in the Settlement Fund for potential cy pres
19 distribution. Since that date, Angeion was able to contact a small number of additional class
20 members who had experienced payment failure (approximately 81 individuals), and re-issued
21 checks to these class members. All of those re-issued checks are now cashed or void, and the
22 total residual fund is $122,101.51. Shaffer Decl. ¶ 5. As the Settlement is now fully distributed,
23 and for the reasons set out in the Parties’ October 28 joint statement, the Parties submit that
24 Consumer Reports is an appropriate “next best” recipient for the $122,101.51 residual fund, and
25 request that the Court (1) appoint Consumer Reports as a cy pres recipient here, and (2) order
26 that Angeion distribute the residual settlement funds to Consumer Reports. ECF No. 288 at 3-
27 5.
28 Consumer Reports previously submitted a letter regarding its suitability as a cy pres
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 3 of 7
1 recipient, ECF No. 288-2, and its extensive privacy work on behalf of California consumers
2 provides a “driving nexus between the plaintiff class and” Consumer Reports as a cy pres
3 beneficiary. Dennis v. Kellogg Co., 697 F.3d 858, 865 (9th Cir. 2012); see also ECF No. 288 at 3-5;
4 see also In re Google LLC Street View, 611 F.Supp.3d 872, 896 (N.D. Cal. Mar. 18, 2020) (approving
5 settlement with cy pres distribution to Consumer Reports, among other organizations, in case
6 regarding Google’s alleged interception and storage of class member communications); In re
7 Google Inc. St. View Elec. Commc'ns Litig., 21 F.4th 1102, 1109, 1122 (9th Cir. 2021) (affirming
8 settlement approval); Cottle v. Plaid Inc., Case No. 4:20-cv-03056-DMR, ECF Nos. 153, 184 (N.D.
9 Cal. July 20, 2022) (approving settlement with cy pres remainder to Consumer Reports in case
10 regarding alleged corporate use and sale of consumer personal information without
11 consumers’ consent); Cortes v. Nat’l Credit Adjusters, L.L.C., No. 216CV00823MCEEFB, 2022 WL
12 16725056, at *1 (E.D. Cal. Oct. 6, 2022) (affirming distribution of residual class settlement funds
13 to Consumer Reports as appropriate recipient based on Consumer Reports work “to protect
14 consumers against invasions of their privacy and peace”); Thomas H. Krakauer v. Dish Network
15 LLC, Case No. 1:14-cv-00333-CCE-JEP, ECF No. 682 (M.D.N.C. Mar. 29, 2024) (Consumer
16 Reports awarded remainder cy pres distributions in class settlement regarding consumer
17 privacy violations).
18 Accordingly, the parties request that the Court (1) appoint Consumer Reports as a cy pres
19 recipient here, and (2) order that Angeion distribute the residual settlement funds to Consumer
20 Reports as a cy pres recipient in this case.
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 4 of 7
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DATED: March 5, 2026 GIBBS MURA LLP
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3 Respectfully submitted,
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/s/ Andre M. Mura
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Andre M. Mura (SBN 298541)
7 Ezekiel S. Wald (SBN 341490)
GIBBS MURA LLP
8 1111 Broadway, Suite 2100
9 Oakland, California 94607
(510) 350-9700
10 amm@classlawgroup.com
zsw@classlawgroup.com
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12 Geoffrey A. Graber (SBN 211547)
Karina G. Puttieva (SBN 317702)
13 COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Suite 800
14
Washington, DC 20005
15 Telephone: (202) 408-4600
Facsimile: (202) 408-4699
16 ggraber@cohenmilstein.com
17 kputtieva@cohenmilstein.com
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Attorneys for Plaintiffs and the Certified Class
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 5 of 7
1 DATED: March 5, 2026 PERKINS COIE LLP
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By: /s/ Susan D. Fahringer
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4 Susan D. Fahringer (SBN 21567)
Nicola C. Menaldo (pro hac vice)
5 Anna M. Thompson (pro hac vice)
1201 Third Avenue, Suite 4900
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Seattle, WA 98101-3099
7 Telephone: (206) 359-8000
Facsimile: (206) 359-9000
8 SFahringer@perkinscoie.com
9 NMenaldo@perkinscoie.com
AnnaThompson@perkinscoie.com
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Hayden M. Schottlaender (pro hac vice)
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PERKINS COIE LLP
12 500 N. Akard Street, Suite 3300
Dallas, Texas 75201-3347
13 Telephone: (214) 965-7700
Facsimile: (214) 965-7799
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HSchottlaender@perkinscoie.com
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Gabriella Gallego (SBN 324226)
16 PERKINS COIE LLP
17 3150 Porter Drive
Palo Alto, CA 94304-1212
18 Telephone: (650) 838-4300
Facsimile: (650) 838-4350
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GGallego@perkinscoie.com
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Attorneys for Defendant
21 Thomson Reuters Corporation
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 6 of 7
1 [PROPOSED] ORDER
2 The parties’ request that Consumer Reports be appointed as a cy pres recipient here and
3 that Angeion distribute the residual settlement funds to Consumer Reports as a cy pres
4 recipient is GRANTED. Consumer Reports, a nationwide non-profit organization with a
5 robust history of consumer privacy advocacy in California, has a driving nexus to the privacy
6 claims asserted on behalf of Californians in this action. Dennis, 697 F.3d at 865. Consumer
7 Reports qualifies as the “next best recipient” for the small remainder of the settlement fund
8 here, which cannot feasibly be distributed directly to class members. See id. Accordingly, the
9 Court approves Consumer Reports as a cy pres recipient of the residual settlement funds here.
10 The Court further orders the Settlement Administrator to distribute the residual settlement
11 funds to Consumer Reports within 14 days of this Order.
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13 DATED: ___________________ __________________________
The Hon. Edward M. Chen
14 United States District Judge
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
Case 3:21-cv-01418-EMC Document 295 Filed 03/05/26 Page 7 of 7
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.
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5 /s/ Andre M. Mura
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JOINT STATEMENT AND [PROPOSED] ORDER RE: CY PRES
Case No. 3:21-cv-01418-EMC-KAW
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