In re Google Referrer Header Privacy Litigation

Filing 53

Declaration of Michael Aschenbrener in Support of #52 MOTION for Settlement (Preliminary Approval) filed byPaloma Gaos. (Related document(s) #52 ) (Aschenbrener, Michael) (Filed on 8/21/2013)

Case5:10-cv-04809-EJD Document53 Filed08/21/13 Page1 of 4

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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Case No. 5:10-cv-04809-EJD
CLASS ACTION

_______________________________________
This Document Relates To: All Actions

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SUPPLEMENTAL
DECLARATION IN SUPPORT
OF PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT
Date:
Time:
Place:
Judge:

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August 23, 2013
9:00 a.m.
Courtroom 1, 5th Floor
Hon. Edward J. Davila

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SUPPLEMENTAL ASCHENBRENER DECLARATION
5:10-CV-04809

Case5:10-cv-04809-EJD Document53 Filed08/21/13 Page2 of 4

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 States of California, Illinois, and

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

One of the seven proposed Cy Pres Recipients, the MacArthur Foundation, has

7 withdrawn from consideration for receiving Cy Pres funds. As a result, the remaining six proposed
8 Cy Pres Recipients are: World Privacy Foundation; Carnegie-Mellon; Chicago-Kent College of
9 Law Center for Internet, Society & Policy; Berkman Center for Internet and Society at Harvard
10 University; Stanford Center for Internet and Society; and, AARP, Inc.
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3.

Plaintiffs’ counsel are in the process of obtaining comprehensive and detailed

12 proposals from the remaining six proposed Cy Pres Recipients for what each Recipient would do
13 with the Cy Pres Funds.
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4.

Plaintiffs will be able to post to the Settlement Website the proposed Cy Pres

15 Recipients and the amounts for each Recipient within the time set forth in the proposed settlement
16 schedule appended to Plaintiffs’ Notice of Motion and Motion for Preliminary Approval of Class
17 Action Settlement.
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5.

Plaintiffs further wish to supplement the proposed notice plan by advising the

19 Court as to the maximum amounts of attorneys’ fees and expenses that Plaintiffs may request.
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Concerning attorneys’ expenses, Plaintiffs hereby advise the Court that they may

21 request up to $30,000 for expenses.
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7.

Concerning attorneys’ fees, Plaintiffs hereby advise the Court that they may request

23 up to 25% or $2.125 million of the Settlement Fund.
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SUPPLEMENTAL ASCHENBRENER DECLARATION
5:10-CV-04809

Case5:10-cv-04809-EJD Document53 Filed08/21/13 Page3 of 4

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8.

I declare under penalty of perjury that the foregoing is true and correct.

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3 Dated: August 21, 2013

ASCHENBRENER LAW, P.C.

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s/ Michael J. Aschenbrener
Michael J. Aschenbrener

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SUPPLEMENTAL ASCHENBRENER DECLARATION
5:10-CV-04809

Case5:10-cv-04809-EJD Document53 Filed08/21/13 Page4 of 4

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CERTIFICATE OF SERVICE
The undersigned certifies that, on August 21, 2013, he caused this document to be

3 electronically filed with the Clerk of Court using the CM/ECF system, which will send
4 notification of filing to counsel of record for each party.
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6 Dated: August 21, 2013

ASCHENBRENER LAW, P.C.

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By: s/ Michael Aschenbrener
Michael Aschenbrener

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SUPPLEMENTAL ASCHENBRENER DECLARATION
5:10-CV-04809