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govinfo:USCOURTS-cand-4_21-cv-09527-28
ORDER GRANTING RELEASE OF REMAINING CY PRES FUNDS AND ATTORNEYS’ FEES i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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