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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

Case No. 4:17-cv-00755-CW 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

JUAN QUINTANILLA VASQUEZ, et al., 

Plaintiffs, 

 v. 

LIBRE BY NEXUS, INC., 

Defendant. 

 Case No. 4:17-cv-00755-CW

REVISED [PROPOSED] ORDER 

GRANTING PLAINTIFFS’ MOTION 

TO ENFORCE ORDER AND 

SETTLEMENT 

 

Case 4:17-cv-00755-CW Document 203 Filed 07/30/21 Page 1 of 11
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1

REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

On July 28, 2021, this Court heard Plaintiffs’ motion to 

enforce the Court’s Order Granting Final Approval of Settlement and 

Granting Motion for Attorney Fees, Costs, and Service Awards, 

Docket No. 184 (Order) and the parties’ Confidential Settlement 

Agreement and Release, Jason Rathod Decl., Ex. 1, Docket No. 143-1 

(Settlement) in this class action. The Court reviewed all briefs 

filed and argument made by the parties for this motion. Based on 

this review and the findings below, the Court finds good cause to 

GRANT the motion and ORDERS the relief set forth below. 

FINDINGS: 

1. In its Order, the Court retained jurisdiction to enforce 

and effectuate the Settlement. The Court also incorporated the 

terms of the Settlement into its Order. 

2. Most of the terms of the Order and Settlement went into 

effect on or before March 31, 2021. The Court previously found 

that the injunctive relief required by the Order and Settlement, 

“which will not be delayed or reduced as a result of LBN’s 

financial situation, is the most significant and important aspect 

of the Settlement Class Members’ recovery under the Settlement.” 

Order at 10. 

3. Defendant Libre by Nexus (LBN) has violated numerous 

terms of the Order and Settlement, including as follows: 

a. Criminal prosecution language: LBN failed to change 

its contracts to state that tampering with LBN’s GPS 

device “may result in criminal prosecution” until 

Plaintiffs filed the present motion. Settlement at 

19, § II(B)(1)(h); see also Order at 12. 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 2 

b. Contract audio: LBN has failed to post a Spanish 

audio version of the LBN contract on its website 

that is accessible to all persons who visit the 

website. See Order at 12; Settlement at 17, § 

II(B)(1)(b). 

c. Fee waiver program: LBN failed to post forms for 

the required fee waiver program on its website until 

Plaintiffs filed the present motion. See Settlement 

at 19, § II(B)(1)(j). 

d. Posting the LBN contract on LBN’s website: LBN has 

failed to post a copy of the LBN contract, which 

consists of “all paperwork provided by LBN to or 

signed by LBN program participants and/or sponsors,” 

on its website. See Order at 12; Settlement at 18, 

§ II(B)(1)(c). Specifically, LBN has failed to post 

on its website a copy of the sponsor contract 

attached as Exhibit A to the participant contract, 

and a copy of the Libre Payment Worksheet. 

e. Settlement administration costs: LBN failed to pay 

the Settlement Administrator the $80,000 in 

administration costs approved by the Court. See

Order at 13. 

4. LBN’s opposition to this motion and supporting 

declaration also suggest that LBN is in violation of other terms of 

the Order and Settlement, including the requirements to: (a) 

provide $1.53 million in debt relief to the Class, independent of 

debt relief that LBN may have provided in other actions; (b) 

provide $150,000 minimum in annual fee waivers; (c) provide on-time 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 3 

and consecutive-payment discounts; (d) implement the total payment 

cap so that the sum of a participant’s payments never exceeds the 

face amount of the bond; (e) limit late fees; and (f) translate the 

LBN contract into at least one language other than English and 

Spanish. 

5. Since March 30, 2021, Class Counsel have made repeated 

requests in writing to LBN to come into compliance with the Order 

and Settlement, notifying LBN that Plaintiffs would seek their fees 

for enforcement, as expressly provided for by the Settlement, if 

LBN did not address the violations. It is undisputed that LBN 

failed to provide any response. 

6. Because LBN has violated a number of terms of the Order 

and Settlement, has failed to pay the Settlement Administrator as 

required, and has made representations in its opposition and 

supporting declaration that raise serious concerns about noncompliance with other terms of the Order and Settlement, the Court 

finds that LBN may be in violation of some or all of the remaining 

terms of the Order and Settlement, and that there is good cause to 

require the parties to take certain actions to effectuate the 

Settlement going forward, as set forth below. 

7. The Court finds that Plaintiffs are entitled to their 

attorneys’ fees and costs in connection with the present 

enforcement motion under the terms of the Settlement. Plaintiffs 

have shown that Defendant violated the Order and Settlement, as set 

forth above, and are, therefore, the prevailing party with respect 

to the present enforcement motion. The Court finds that an award 

of $34,142.60 in attorneys’ fees and costs to Class Counsel for 

their efforts in enforcing the Order and Settlement is fair and 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 4 

reasonable. Defendant did not challenge the reasonableness of the 

fees and costs in its opposition to the present enforcement motion, 

and it therefore waived any objections to the same. 

IT IS HEREBY ORDERED THAT: 

1. Defendant LBN shall pay the $80,000 in administration 

costs approved by the Court within fourteen days of the date of 

this order. 

2. Defendant LBN shall pay $34,142.60 in attorneys’ fees and 

costs to Class Counsel for their efforts in enforcing the Order and 

Settlement. This amount shall be held in a trust account by the 

Settlement Administrator, so that cash payments continue to be made 

first to the Class, with distribution of fees and costs to Class 

Counsel only after those payments to the Class. 

3. Counsel for Defendant LBN shall answer each communication 

from Class Counsel within one business day. The principals of 

Defendant LBN shall provide their counsel with the information and 

authority necessary to do so. 

4. Defendant LBN shall, within seven days of the date of 

this order, make accessible on its website to any person who visits 

the website an audio version of the LBN contract in Spanish. 

5. Defendant LBN shall, within one day of the date of this 

order, remove all references to GPS devices in the LBN contract. 

Program participants still wearing GPS devices attached to their 

bodies shall be informed within seven days of the date of this 

order, either by text message or by U.S. mail, as to how to arrange 

to have them removed. Copies of these communications shall be 

provided to Class Counsel. 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 5 

6. Defendant LBN shall, within fourteen days of the date of 

this order, translate the LBN contract into any language for which 

the percentage of participants who speak that language exceeds five 

percent. Defendant LBN shall notify Class Counsel if it is not the 

case that more than five percent of participants speak a language 

other than English or Spanish. LBN shall make accessible on its 

website to any person who visits the website a copy of the LBN 

contract that has been translated into a language pursuant to the 

five-percent requirement or otherwise. Defendant LBN shall modify 

its website to state that it will provide translations of the LBN 

contract into other languages upon request. 

7. Defendant LBN shall, within fourteen days of the date of 

this order, make accessible on its website to any person who visits 

the website the sponsor contract attached as Exhibit A to the 

participant contract, as well as the Libre Payment Worksheet, in 

English, Spanish, Spanish audio, and any other language that is 

spoken by more than five percent of participants. 

8. Defendant LBN immediately shall remedy any other 

violations of the Order and Settlement of which is it or should be 

aware. 

9. Defendant LBN shall provide proof of its compliance with 

the terms of the Order and Settlement, as well as this order, by 

submitting declarations and supporting documents, as follows: 

a. Within seven days of the date of this order, 

Defendant LBN shall file with the Court declarations 

under penalty of perjury, signed by its principals, 

along with contemporaneous business records or 

verification from third-party accountants or both, 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 6 

sufficient to demonstrate its compliance with the 

Order and Settlement and this order. 

b. The principals’ declarations shall describe LBN’s 

compliance, or plan to immediately come into 

compliance, on all terms, including the policies and 

practices LBN has implemented (and including 

supporting documents) to ensure that its employees: 

(i) do not make immigration-related threats verbally 

or in writing; (ii) use best efforts to ensure 

meaningful review of contracts by program 

participants and sponsors prior to signing, pursuant 

to the procedures detailed in the Settlement; (iii) 

no longer require bodily-attached GPS monitors for 

program participants under any circumstances, as LBN 

represents in its opposition and supporting 

declaration; and (iv) contact program participants 

by text or U.S. mail who are still wearing bodilyattached GPS monitors to inform them that LBN no 

longer requires bodily-attached GPS monitors as a 

condition of the LBN contract and to provide them 

with instructions as to how to have the bodilyattached GPS monitors removed. 

c. The declarations shall also include a link to an 

updated website page that contains all of the 

additional documents required herein. 

d. As supporting documents, the declarations shall 

attach: (i) a revised LBN contract, showing the 

corrections described above; (ii) a third-party 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 7 

certification that the LBN contract has been 

translated into Spanish by a court-certified 

translator and into any other language required by 

the Settlement; and (iii) client billing records, 

notifications to clients, and any other documents 

(redacted as needed for privacy) sufficient to show 

(a) LBN’s timely implementation of the $1.53 million 

debt relief for the Class in this action 

(independent of debt relief that LBN may have 

provided in other actions), (b) that the sum of each 

participant’s bills and payments to LBN has never 

exceeded the bond amount, (c) that on-time and 

consecutive-payment discounts were disclosed and 

provided, (d) that late fee limits were disclosed 

and implemented, (e) that clients were notified that 

they may stop payments once they verify termination 

of immigration proceedings, and (f) the 

beneficiaries and amounts of fee waivers provided by 

LBN to date (broken down by year). If LBN has taken 

steps necessary to comply with the Order and 

Settlement, these documents must exist, and their 

production would not be unduly burdensome. 

10. Defendant LBN shall provide ongoing documentation 

sufficient to confirm its compliance with the terms of the Order 

and Settlement requiring continuous or future compliance, as 

follows: 

a. By March 31, 2022, LBN shall provide records 

sufficient to show it disseminated to program 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 8 

participants the full $150,000 required for annual 

fee waivers. 

b. LBN shall comply with the benchmark and payment 

logistics previously proposed by Class Counsel for 

the scheduled cash relief to the Class (see Docket 

No. 174 at 14-15). The Court finds that 

implementing these logistics would help enforce and 

effectuate the Settlement. See Nanjing Elble Envtl. 

Prot. Tech. Co. v. RePET, Inc., No. ED CV 16-02030-

VAP (SPx), 2018 U.S. Dist. LEXIS 221429, at *8 (C.D. 

Cal. Aug. 31, 2018) (“[T]he contract will be 

enforced if it is possible to reach a fair and just 

result even if, in the process, the court is 

required to fill in some gaps.”). Specifically: 

i. To clarify the mechanics of II.A.1.c.ii in the 

Settlement, the “look-back” on December 1, 

2021, will compare third quarter 2021 LBN 

revenue with third quarter 2019 LBN revenue 

(the Benchmark) to determine the percentage 

differential set forth in the Settlement that 

would trigger payment and determine the level 

of payment by LBN. The source materials to 

make this determination will be third quarter 

2019 and 2021 financial statements for LBN 

prepared by its external accountants. Upon 

review of the source materials, counsel for LBN 

shall certify the following, with the first 

certification to be made on December 1, 2021: 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

 9 

“I have reviewed the appropriate quarterly and 

annual financial statements for Libre by Nexus 

prepared by its external accountants and hereby 

certify in good faith and under penalty of 

perjury that revenue for Libre by Nexus, as 

compared to the Benchmark, stands at __% 

[rounded to the nearest tenth].” 

ii. The source material shall also be provided to 

Class Counsel on a confidential basis, along 

with the certification, on the date specified 

(e.g., beginning December 1, 2021) via email. 

Class Counsel shall have seven days to review 

the certification and source material and 

object if they deem appropriate through email 

to counsel for LBN. If Class Counsel do not 

object to the certification, payment (if 

triggered by the percentage differential in the 

certification) shall be made within three (3) 

business days by wire to the Settlement 

Administrator. If Class Counsel disagree with 

the certification made by LBN, counsel shall 

meet and confer in good faith within seven (7) 

days of the objection. If resolution of the 

disagreement is not reached at the meet-andconfer, the matter shall be brought to the 

undersigned for final resolution. 

iii. In terms of the percentage differentials and 

corresponding payment obligations, counsel 

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REVISED [PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO ENFORCE ORDER & SETTLEMENT 

CASE NO. 4:17-CV-00755-CW 

10

clarify that the percentages should be as 

follows: 

 75%-79.9% $1,000 per week 

 80%-89.9% $10,000 per week 

 90%-99.9% $25,000 per week 

 100%-110% $100,000 per week 

iv. Following the certification on December 1, 

2021, subsequent certifications, with the same 

source material for the appropriate quarters, 

shall be made and provided on the following 

dates: March 1, 2022 (for the fourth quarter 

2021 and Benchmark of fourth quarter 2019); 

June 1, 2022 (for the first quarter 2022 and 

Benchmark of first quarter 2019); September 1, 

2022 (for the second quarter 2022 and Benchmark 

of second quarter 2019); December 1, 2022 (for 

the third quarter 2022 and Benchmark of third 

quarter 2019). 

11. Defendant LBN shall pay interest and provide immediate 

refunds to the Class as appropriate if LBN did not timely comply 

with any of the terms of the Settlement with financial implication 

for the Class, including the provisions for debt relief, monthly 

payment discounts, total payment caps, and late fee limits. 

IT IS SO ORDERED. 

DATED: July 30, 2021 ___________________________ 

 CLAUDIA WILKEN 

 United States District Judge 

   

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