In re Google Referrer Header Privacy Litigation

Filing 52

MOTION for Settlement (Preliminary Approval) filed by Paloma Gaos. Motion Hearing set for 8/23/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 8/2/2013. Replies due by 8/9/2013. (Attachments: #1 Exhibit Declaration - Aschenbrener, #2 Exhibit Declaration - Chorowsky, #3 Exhibit Settlement Agreement, #4 Exhibit Declaration - Simmons, #5 Exhibit Declaration - Nassiri, #6 Exhibit Proposed Order)(Aschenbrener, Michael) (Filed on 7/19/2013)

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EXHIBIT 5

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KASSRA P. NASSIRI (215405)
1 ([e-mail])
NASSIRI & JUNG LLP
2 47 Kearny Street, Suite 700
San Francisco, California 94108
3 Telephone: [phone]
Facsimile: [phone]
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MICHAEL J. ASCHENBRENER
5 ([e-mail]) (277114)
ASCHENBRENER LAW, P.C.
6 795 Folsom Street, First Floor
San Francisco, CA 94107
7 Telephone: [phone]
Facsimile: [phone]
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9 Attorneys for Plaintiffs and the Putative Class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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In re GOOGLE REFERRER HEADER PRIVACY
15 LITIGATION
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_______________________________________
This Document Relates To: All Actions

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Case No. 5:10-cv-04809-EJD
CLASS ACTION
DECLARATION OF KASSRA
NASSIRI IN SUPPORT OF
MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT
Date:
Time:
Place:
Judge:

August 23, 2013
9:00 a.m.
Courtroom 4, 5th Floor
Hon. Edward J. Davila

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NASSIRI DECLARATION
5:10-CV-04809

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1 Pursuant to 28 U.S.C. § 1746, I hereby declare and state as follows:
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1.

I am an attorney admitted to practice in the State of California and represent

3 Plaintiffs in the above-titled action. I am over the age of eighteen and am fully competent to make
4 this declaration. This declaration is based upon my personal knowledge, except where expressly
5 noted otherwise.
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2.

I am a partner at the law firm of Nassiri & Jung LLP, which has been retained to

7 represent named plaintiff Paloma Gaos in this matter.
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3.

Attached as Exhibit A to this declaration is a true and accurate copy of the firm

9 resume of Nassiri & Jung LLP.
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4.

Nassiri & Jung LLP and its lawyers have regularly engaged in major complex

11 litigation and have extensive experience in class actions that are similar in size, scope and
12 complexity to the present case.
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5.

Prior to and throughout the duration of this litigation, Nassiri & Jung LLP has

14 diligently investigated and prosecuted this matter, dedicating substantial resources to the
15 investigation of the claims at issue in the action, and has successfully negotiated the settlement of
16 this matter to the benefit of the proposed Class. Although I am confident in the strength of
17 Plaintiffs’ claims and believe Plaintiffs would ultimately prevail at trial, I also recognize that this
18 litigation is particularly risky. In light of all known facts and circumstances, including the shifting
19 legal landscape, the risk of delay, the uncertainty of recovery, and the probable defenses available
20 to Defendant, I believe that the proposed settlement is fair, reasonable, adequate, and is in the best
21 interest of the Class.
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I declare under penalty of perjury under the laws of the United States of America that the

23 foregoing is true and correct.
24 Dated: July 19, 2013

NASSIRI & JUNG LLP

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/s/ Kassra P. Nassiri
Kassra P. Nassiri

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NASSIRI DECLARATION
5:10-CV-04809

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EXHIBIT 5-A

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NASSIRI & JUNG LLP FIRM RESUME
NASSIRI & JUNG LLP concentrates in class action litigation, consumer litigation,
privacy and unfair competition litigation, wage and hour litigation, and other complex
business litigation. The firm’s attorneys studied at the top schools in the country, including
Harvard, Stanford, Duke, and U.C. Berkeley. Before joining Nassiri & Jung, the firm’s
lawyers practiced at some of the most renowned law firms in the country, including Kirkland
& Ellis, Wilson Sonsini Goodrich & Rosati, and Orrick, Herrington & Sutcliffe. Nassiri &
Jung’s lawyers have successfully litigated dozens of class action cases on behalf of both
plaintiffs and defendants in the areas of consumer, wage and hour, and securities law.
Some of our cases have included:
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Settlement Recovery Center v. Valueclick, Inc., No. 07-cv-02641 (C.D. Cal.): Co-lead
counsel in class action alleging fraudulent commission payments related to internet
advertising.

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Stevens v. salesforce.com, No. CIV-508644 (San Mateo County Sup. Ct.): Lead counsel in
wage and hour misclassification class action.

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In Re: Facebook Privacy Litigation, No. 10-cv-02389-JW (N.D. Cal.): Co-lead counsel in
privacy class action.

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Gonzales v. Lowe’s HIW, Inc., No. 72 160 01107 11 ANRO (AAA): Co-lead counsel in
putative wage and hour misclassification class action.

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Radcliffe v. Lowe’s HIW, Inc., No. 72 160 00207 12 ANRO (AAA): Co-lead counsel in
putative wage and hour misclassification class action.

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Clark v. Sprint Spectrum L.P., No. 10-cv-03625 (N.D. Cal.): counsel in putative class action
alleging material omissions and fraudulent practices related to cell phone insurance.

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Morgenstein v. AT&T Mobility LLC, No. 09-cv-03173 (N.D. Cal.): counsel in putative class
action alleging unfair billing practices related to cell phone service.

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Kemp v. 51job, Inc., No. 05-cv-00974 (S.D.N.Y): defense counsel in PSLRA class action.

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Hanrahan v. Hewlett-Packard Co., No. 05-cv-02047 (N.D. Cal.): defense counsel in PSLRA
class action.

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In re Intrabiotics Pharmaceuticals, Inc. Sec. Litig., No. 04-cv-03064 (N.D. Cal.): defense
counsel in PSLRA class action.

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In re LeapFrog Enterprises, Inc. Sec. Litig., No. 03-cv-05481 (N.D. Cal.): defense counsel in
PSLRA class action.

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In re Read-Rite Corp. Sec. Litig., No. 98-cv-20434 (N.D. Cal.): defense counsel in PSLRA
class action.

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Guzman v. Gloria’s Bar & Grill, Inc., No. BC480807 (Los Angeles County Superior Court):
defense counsel in wage and hour class action alleging failure to pay overtime, wage
statement violations, meal and rest break violations, and waiting time penalties.
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

Enriquez v. Packet Fusion, Inc., No. CIV 502628 (San Mateo County Superior Court):
Plaintiff’s counsel in employee misclassification class action alleging failure to pay overtime,
wage statement violations, and waiting time penalties.

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Veliz v. Gloria’s Cocina Mexicana, No. BC440209, (Los Angeles County Superior Court):
defense counsel in wage and hour class action alleging failure to pay overtime, wage
statement violations, meal and rest break violations, and waiting time penalties.

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Del Rosario v. Centennial Heathcare, et al., No. BC469224 (Los Angeles County Superior
Court): defense counsel in wage and hour class action alleging failure to pay overtime and
minimum wage, wage statement violations, meal and rest break violations, and waiting time
penalties.

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Navas v. Sunrise Plumbing & Mechanical, Inc., No. BC472140 (Los Angeles County
Superior Court): defense counsel in wage and hour class action alleging failure to pay
overtime.

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Oregal v. Bay Contract Maintenance Corp., No. CIV-472076 (San Mateo County Superior
Court): defense counsel in class action alleging unpaid overtime wages.

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Leon v. Fortress Security Corp., No. BC438935 (Los Angeles County Superior Court):
defense counsel in class action alleging failure to provide meal and rest breaks.

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Ortiz v. Summer Systems, Inc., No. BC400075 (Los Angeles County Superior Court):
defense counsel in class action alleging unpaid overtime wages.



Cruz v. Marvel Maids, Inc., No. CGC-499197 (San Francisco County Superior Court):
defense counsel in putative class action alleging unpaid wages.



Cervantes v. Liu Cheng Inc., No. 08-cv-3817 (N.D. Cal.): defense counsel in putative FLSA
action alleging FLSA violations.

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Osorio v. Divad Tran, No. 08-cv-4007 (N.D. Cal.): defense counsel in putative FLSA action
alleging FLSA violations.

ATTORNEYS
Kassra P. Nassiri
Kassra P. Nassiri is a trial lawyer who maintains a broad-based complex litigation
practice focusing on business and consumer matters. Mr. Nassiri has represented large and small
businesses in trade secret actions, employment disputes, fraud and business tort cases, corporate
governance and shareholder litigation, and complex contract disputes. He has won cases both at
the pleading stage and through jury verdicts. Mr. Nassiri was selected for inclusion on the list of
Super Lawyers in 2012 by Super Lawyers® magazine. He was also selected for inclusion in the
list of Rising Stars in 2011, 2010 and 2009 by the same publication.
Prior to co-founding Nassiri & Jung LLP, Mr. Nassiri was General Counsel of a multimillion dollar financial services company. Prior to that, Mr. Nassiri practiced litigation at
Wilson Sonsini Goodrich & Rosati, the leading securities class-action defense firm in the
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country. While at Wilson Sonsini, he successfully defended Fortune 500 companies in
shareholder class action lawsuits, derivative lawsuits, and SEC investigations, including:
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Hewlett-Packard: Defended company in securities fraud class action.
LeapFrog: Obtained dismissal of derivative complaint and securities fraud class action.
IntraBiotics: Obtained dismissal of securities fraud class action.
EMC/Legato Systems: Defended merger challenge.
Read-Rite: Obtained dismissal of securities fraud class action.

Mr. Nassiri earned his law degree from Harvard Law School. While in law school, Mr.
Nassiri taught economics courses at Harvard College. He earned his master’s degree in
economics from Stanford University, where he was awarded the Stanford Graduate
Fellowship. He earned his bachelor’s degree from the University of California, Berkeley, where
he was a member of Phi Beta Kappa. Mr. Nassiri also served as a Special District Attorney in
Marin County, where he tried numerous cases through to jury verdicts.
Charles H. Jung
Charles H. Jung is a trial lawyer who loves practicing law. His practice emphasizes
aggressive trial advocacy, wage and hour litigation, class action litigation, and employment
litigation. Mr. Jung was selected for inclusion on the list of Super Lawyers in 2011 by Super
Lawyers® magazine. He was also selected for inclusion on the list of Rising Stars in 2010 and
2009 by the same publication. Mr. Jung is the author of California Wage & Hour Law
(calwages.com) and California Class Action Law (classactionsblog.com).
Mr. Jung earned his law degree from Stanford Law School, graduating with distinction.
While at Stanford, he served as an Articles Editor for the Stanford Law Review. Mr. Jung
earned his master’s degree in public policy from the John F. Kennedy School of Government at
Harvard University. At Harvard, Mr. Jung was a Kennedy Fellow. He earned his bachelor's
degree, magna cum laude, from Duke University with a dual degree in economics and public
policy. Mr. Jung also served as a Special District Attorney in Marin County, where he tried
numerous cases through to jury verdicts.
Mr. Jung has successfully represented individual clients and major companies, including:
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Discover Financial Services, Inc.: after filing a motion to dismiss, obtained voluntary
dismissal of representative action under Cal. Bus. & Prof. Code § 17200.
Morgan Stanley DW Inc.: defended company against its largest arbitration claims.
Clifford Chance: defended world’s largest law firm against claims involving breakup of
technology law firm Brobeck.

Recently Mr. Jung defended a services company against class action claims, resolving the
dispute for less than 3% of potential exposure; and he defended an employer against
discrimination claims, settling for less than 1% of original demand. He has litigated against law
firms such as Gibson Dunn, Paul Hastings, and Cooley Godward.
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John J. Manier
John J. Manier is a trial and appellate lawyer, focusing primarily on employment law and
related litigation. He has appeared and argued before the D.C. Circuit, the California Supreme
Court and other state and federal courts and has been counsel of record in several groundbreaking cases, including the following:
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Venetian Casino Resort, LLC v. EEOC, 530 F.3d 925 (D.C. Cir. 2008) [EEOC policies
for disclosing confidential commercial information to third parties, without notice to the
employer, was arbitrary and capricious in violation of federal administrative law];
Venetian Casino Resort, LLC v. EEOC, 409 F.3d 359 (D.C. Cir. 2005) [employer's
challenge to EEOC policies was ripe];
Reeves v. Hanlon, 33 Cal.4th 1140 (2004) [employer may sue competitor for tortious
interference with at-will employment contracts between employer and its employees];
Turner v. Anheuser-Busch, Inc., 7 Cal.4th 1238 (1994) [establishing standards for
constructive wrongful discharge cases in California];
GAB Business Services, Inc. v. Lindsey & Newsom Claim Services, Inc., 83 Cal.App.4th
409 (2000) [corporate officer owed fiduciary duty of loyalty as a matter of law];
Saret-Cook v. Gilbert, Kelly, Crowley & Jennett, 74 Cal.App.4th 1211 (1999) [affirming
$650,000 attorney fee award for an employer who obtained a defense judgment in a sex
harassment and discrimination lawsuit];
Bardin v. Lockheed Aeronautical Systems Co., 70 Cal.App.4th 494 (1999) [company's
communications to Los Angeles Police Department during background check on former
company employee were absolutely privileged from tort liability];
Kirmse v. Nikko Hotel San Francisco, 51 Cal.App.4th 311 (1996) [affirming summary
judgment for employer on job bias and related claims, even though claims were not
barred by treaty between United States and Japan]; and
Eng v. County of Los Angeles, 737 F. Supp. 2d 1078 (C.D. Cal. 2010) [granting summary
judgment for the County and an individual defendant on a Deputy DA's claim for
retaliation in violation of the First Amendment and 42 U.S.C. § 1983].

Mr. Manier earned his law degree from UCLA School of Law (J.D. 1989), where he
served as an Editor of the UCLA Law Review and received the American Jurisprudence Awards
for Excellence in Property and Constitutional Law. Mr. Manier is a graduate of the University of
Notre Dame, where he earned his B.A. in 1986. Mr. Manier served as a Law Clerk to the late
Irving Hill, Senior United States District Judge, Central District of California.
Andrew R. Kislik
Andrew R. Kislik is an experienced litigator who trained at Gibson, Dunn & Crutcher,
and who was a principal of Cohen & Ostler in Palo Alto for 16 years. His practice focuses on
complex commercial litigation, wage & hour litigation, intellectual property litigation, and
employment law. Mr. Kislik has obtained numerous summary judgments, has successfully
arbitrated and litigated many cases, and has successfully represented innumerable individual
clients and companies, including the following:
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Rodeway Express: successfully settled an environmental contamination case for much
less than the cost of defense.
Wipro, Inc.: provided employment and litigation counsel in the United States.
Honda (USA): successfully settled a motorcycle products liability action for less than the
cost of defense.

Mr. Kislik earned his law degree from Harvard Law School, where he served as a Note
Editor of the Harvard Law Review and graduated with honors. Mr. Kislik earned his bachelor’s
degree in mathematics from Harvard College, where he was elected to Phi Beta Kappa and
graduated with honors.
Prior to entering into private practice, Mr. Kislik served as a judicial law clerk to United
States District Judge Donald D. Alsop in the District of Minnesota. Following his clerkship, Mr.
Kislik served as a special master in the redistricting of Minnesota. Mr. Kislik also has worked
for the labor and litigation departments of the California Judicial Council.
Jessica S. Kang
Jessica S. Kang is an employment litigator who represents clients in wage & hour
disputes. She has also worked with clients on employment, trade secret, copyright, and
trademark matters. Prior to joining Nassiri & Jung, Ms. Kang worked as a research attorney for
the Honorable Judge Stuart Hing in the Superior Court of California, County of Alameda.
Ms. Kang earned her law degree from the University of San Francisco School of Law,
where she received honors in a Technology and Intellectual Property Law Certificate. While in
law school, she worked at Creative Industry Law Group, primarily engaged in corporate
formation transactions, entertainment, media and trademark law. Ms. Kang earned her bachelor's
degree from the University of Victoria with a dual degree in English Literature and Philosophy.
Prior to attending law school, she taught English as a Second Language and English Literature in
Canada, Ghana and Jeonju University in Jeonju, South Korea.

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