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govinfo:USCOURTS-cand-4_21-cv-09527-28

U.S. District Court for the Northern District of California · 2026-06-17

· GavelSight synced 2026-09-06 03:49:37

ORDER GRANTING RELEASE OF REMAINING CY PRES FUNDS AND ATTORNEYS’ FEES 
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CUNNINGHAM BOUNDS, LLC 
Steven L. Nicholas (Admitted Pro Hac Vice) 
sln@cunninghambounds.com 
Lucy E. Tufts (Admitted Pro Hac Vice) 
let@cunninghambounds.com 
1601 Dauphin Street 
Mobile, AL 36604 
Telephone: (251) 471-6191 
KI
LBORN LAW, LLC 
Benjamin H. Kilborn, Jr. (Admitted Pro Hac Vice) 
benk@kilbornlaw.com 
P.O. Box 2164 
Fairhope, AL 36533 
Telephone: (251) 929-4620 
M
ORGAN & MORGAN 
COMPLEX LITIGATION GROUP 
Michael F. Ram (SBN 104805) 
mram@forthepeople.com 
A
ttorneys for Plaintiff Class 
UNI
TED STATES DISTRICT COURT 
F
OR THE NORTHERN DISTRICT OF CALIFORNIA 
CHRIS SMITH, CHERYL SMITH, KAREN 
SMITHSON, FRANK ORTEGA, ALBERTO 
CORNEA, MICHELLE ROGERS, DEBORAH 
CLASS, AMBER JONES, ALEXIS KEISER, 
LOORN SALEE, THOMAS PEAR, and 
TANNAISHA SMALLWOOD, individually and 
on behalf of all other similarly situated 
individuals, 
Plaintiffs, 
v. 
APPLE INC., 
Defendant. 
No. 4:21-cv-09527-HSG
Order Authorizing Release of Cy Pres 
Funds and Remainder of Attorneys’ Fees 
CLASS ACTION 
Dept.: Courtroom 2 
Judge: Hon. Haywood S. Gilliam, Jr. 
Third Amended Complaint Filed: 
October 31, 2023 

ORDER GRANTING RELEASE OF REMAINING CY PRES FUNDS AND ATTORNEYS’ FEES 
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W HEREAS, on January 10, 2025, Plaintiffs , through their counsel, moved for an order 
pursuant to Federal Rule of Civil Procedure 23 for an award of attorneys’ fees and litigation 
expenses (ECF No. 168); 
WHEREAS on May 1, 2025, the Court awarded as attorneys’ fees a sum equal to 25% 
of the Settlement Agreement, plus $433,417.83 in litigation expenses (both amounts to be paid 
from the Settlement Fund), pursuant to the terms set forth in the Stipulation, but subject to a 
hold-back provision (ECF No. 178 at 16); 
WHEREAS, 10% of the attorneys’ fees granted at final approval were withheld until 
after the Post-Distribution Accounting has been filed and the Court has authorized the release 
of those funds; and 
WHEREAS, Plaintiffs filed the Post-Distribution Accounting on February 5, 2026, and 
posted the Post-Distribution Accounting, including an easy-to-read chart, on the settlement 
website; 
WHEREAS, Plaintiffs filed an amended Final Post-Distribution Accounting on June 12, 
2026, and posted the amended Final Post-Distribution Accounting, including an easy-to-read 
chart, on the settlement website; 
WHEREAS, the Court found that the Rose Foundation’s Consumer Products Fund 
satisfied the Ninth Circuit’s requirements for a cy pres recipient (ECF No. 178); 
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that: 
1. The Settlement Administrator is authorized to pay the cy pres funds totaling 
$1,799,989.37 to the Rose Foundation’s Consumer Products Fund; 
2. Plaintiffs’ Counsel are authorized to take payment of the remaining 10% of the
awarded attorneys’ fees, such funds having been hereby released. 
IT IS SO ORDERED. 
Dated: 6/17/2026 __________________________________ 
HAYW
OOD S. GILLIAM, JR. 
United States District Judge 

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