In re Google Referrer Header Privacy Litigation

Filing 72

MOTION for Leave to File Excess Pages (Administrative) filed by Paloma Gaos. (Attachments: #1 Signature Page (Declarations/Stipulations), #2 Proposed Order)(Aschenbrener, Michael) (Filed on 8/20/2014)

1 KASSRA P. NASSIRI (215405)
([e-mail])
2 NASSIRI & JUNG LLP
47 Kearny Street, Suite 700
3 San Francisco, California 94108
Telephone: [phone]
4 Facsimile: [phone]
5 MICHAEL J. ASCHENBRENER (277114)
([e-mail])
6 ASCHENBRENER LAW, P.C.
795 Folsom Street, First Floor
7 San Francisco, CA 94107
Telephone: [phone]
8 Facsimile: [phone]
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ILAN CHOROWSKY (Admitted Pro Hac Vice)
10 ([e-mail])
PROGRESSIVE LAW GROUP, LLC
11 1 N LaSalle Street, Suite 2255
Chicago, IL 60602
12 Tel: [phone]
Fax: [phone]
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Attorneys for Plaintiffs and the Putative Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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In re GOOGLE REFERRER HEADER PRIVACY
20 LITIGATION
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CLASS ACTION

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PLAINTIFFS’
ADMINISTRATIVE MOTION
FOR LEAVE TO FILE
OVERSIZED REPLY
MEMORANDUM IN SUPPORT
OF MOTION FOR FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT AND AWARD OF
ATTORNEYS’ FEES, EXPENSES,
AND INCENTIVE AWARD

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Hon. Edward J. Davila

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_______________________________________

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

This Document Relates To: All Actions

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PLS’ MOTION FOR EXCESS PAGES IN
SUPPORT OF MOTION FOR FINAL
APPROVAL

CASE NO. 5:10-cv-04809-EJD

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Plaintiffs Gaos, Italiano, and Priyev (“Plaintiffs”), through their undersigned counsel,

2 pursuant to Civil Local Rule 7-11, respectfully request that this Honorable Court enter an Order
3 granting them leave to file a Reply Memorandum in Support of Motion for Final Approval of
4 Class Action Settlement and Award of Attorneys’ Fees, Expenses, and Incentive Awards in excess
5 of fifteen (15) pages. In support of this Administrative Motion, Plaintiffs state as follows:
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1.

On July 25, 2014 Plaintiffs Filed their Motion for Final Approval of Class Action

7 Settlement and Motion for Award of Attorneys’ Fees, Expenses, and Incentive Award. (Dkts. 65
8 and 66.)
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2.

Pursuant to this Court’s Order granting Preliminary Approval of the Parties’ Class

10 Action Settlement (Dkt. 63) and the Settlement Agreement incorporated by that Order (Dkt. 52-3),
11 Plaintiffs have the right to respond to objections no later than seven (7) days prior to the Final
12 Approval Hearing by filing a response with the Court.
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3.

As of this filing, Plaintiffs have received four (4) objections to the Settlement. Two

14 of these objections, filed at or near the objection deadline by “professional objectors” are
15 extensive and raise numerous objections. (See, e.g. Dkt. 70 (24-page objection) and Dkt.71 (1416 page objection.)
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4.

Plaintiffs did not receive an objection from Cameron Jan until Friday, August 15,

18 2014 despite being timely postmarked. (Dkt. 71.)
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5.

Plaintiffs are planning to respond to each objection made to the Settlement.

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6.

In the interest of efficiency, and rather than filing separate responses to each

21 objection, Plaintiffs intend to file a single response that addresses each and every objection in the
22 form of a Reply Memorandum in Support of Plaintiffs’ Motion for Final Approval of Class Action
23 Settlement and Motion for Award of Attorneys’ Fees, Expenses, and Incentive Award.
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7.

Under Civil Local Rule 7-4(b), reply memoranda may not exceed fifteen (15) pages

25 absent leave of Court.
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8.

To adequately address each objection in a single memorandum, Plaintiffs believe in

27 good faith that the filing of a Reply Memorandum in Support of their Motion for Final Approval
28 of Class Action Settlement and Motion for Award of Attorneys’ Fees, Expenses, and Incentive
PLS’ MOTION FOR EXCESS PAGES IN
SUPPORT OF MOTION FOR FINAL APPROVAL

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CASE NO. 5:10-cv-04809-EJD

1 Award in excess of fifteen (15) pages will be necessary.
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9.

Plaintiffs are confident that they can fully and effectively respond to every

3 objection to the Settlement in fewer than twenty-five (25) pages.
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10.

Plaintiffs’ counsel have conferred with counsel for Defendant, and as set forth in

5 the stipulation attached hereto as Exhibit A, Defendant’s counsel has no objection to Plaintiffs
6 filing a Reply Memorandum in Support of Motion for Final Approval of Class Action Settlement
7 and Motion for Award of Attorneys’ Fees, Expenses, and Incentive awards in excess of fifteen
8 (15) pages and up to twenty-five (25) pages in length.
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WHEREFORE, Plaintiffs Gaos, Italiano, and Priyev, individually and behalf of all other

10 similarly situated, respectfully request that the Court enter an Order (i) granting them to leave to
11 file a Reply Memorandum in Support of Motion for Final Approval of Class Action Settlement
12 and Award of Attorneys’ Fees, Expenses, and Incentive Award of up to twenty-five (25) pages in
13 length, and (ii) awarding such other and further relief as the Court deems equitable and just.
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16 Dated: August 20, 2014

ASCHENBRENER LAW, P.C.

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s/ Michael Aschenbrener
Michael Aschenbrener
ON BEHALF OF ATTORNEYS FOR
PLAINTIFFS AND THE CLASS

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PLS’ MOTION FOR EXCESS PAGES IN
SUPPORT OF MOTION FOR FINAL APPROVAL

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CASE NO. 5:10-cv-04809-EJD

CERTIFICATE OF SERVICE

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The undersigned certifies that, on [date], he caused this document to be electronically filed

3 with the Clerk of Court using the CM/ECF system, which will send notification of filing to
4 counsel of record for each party.
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6 Dated: August 20, 2014

ASCHENBRENER LAW, P.C.

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By: s/ Michael Aschenbrener
Michael Aschenbrener

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PLS’ MOTION FOR EXCESS PAGES IN
SUPPORT OF MOTION FOR FINAL APPROVAL

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CASE NO. 5:10-cv-04809-EJD