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UNITED STATES DISTRICT COURT 

 NORTHERN DISTRICT OF CALIFORNIA 

On July 21, 2020, the Court heard the motion by Plaintiffs 

Juan Quintanilla Vasquez, Gabriela Perdomo Ortiz, Victor Hugo 

Catalan Molina, and Kevin Calderon for preliminary approval of a 

class action settlement agreement and preliminary certification 

under Rule 23 of a settlement class and subclasses for settlement 

purposes only. Defendant Libre by Nexus, Inc. (LBN) did not 

oppose the motion. Having reviewed the motion, including the 

amended Settlement Agreement and Release (Agreement or 

Settlement), see Docket No. 143, and based on the findings below, 

and good cause appearing, the Court GRANTS the motion.

//

JUAN QUINTANILLA VASQUEZ, et al., 

 Plaintiffs, 

 vs. 

LIBRE BY NEXUS, INC., 

 Defendant. 

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

[PROPOSED] PRELIMINARY 

APPROVAL AND PROVISIONAL CLASS 

CERTIFICATION ORDER; ORDER 

GRANTING MOTION TO FILE FOURTH 

AMENDED COMPLAINT 

Re: Dkt. Nos. 134, 135 

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The Court finds as follows: 

A. Unless otherwise specified, defined terms in this 

Preliminary Approval and Provisional Class Certification Order 

have the same definition as the terms in the Agreement. 

B. The Agreement resulted from extensive arm’s-length 

negotiations between the parties, with participation of an 

experienced mediator. 

C. For settlement purposes only, the Settlement Class and 

Subclasses are so numerous that joinder of all members of the 

Settlement Class and Subclasses (Settlement Class Members) is 

impracticable; Plaintiffs’ claims are typical of those of the 

Settlement Class Members; there are questions of law and fact 

common to the members of the Settlement Class and Subclasses, 

which predominate over any questions affecting only individual 

members of such classes; and class certification is superior to 

other available methods for the fair and efficient adjudication 

of the controversy. 

D. The Court finds that (a) the detailed Class Notice, Text 

Message Notice, Postcard Notice, and Publication Notice, as 

revised, see Docket No. 143, constitute the best notice 

practicable under the circumstances; (b) they constitute valid, 

due, and sufficient notice to all Settlement Class Members; and 

(c) they comply fully with the requirements of Federal Rule of 

Civil Procedure 23, the California and United States 

Constitutions, and other applicable law. 

E. The Agreement falls within the range of possible 

approval because it is fair, reasonable, and adequate.



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The Court hereby orders that: 

1. Settlement Approval. The Agreement, including the Class 

Notice, Text Message Notice, Postcard Notice, and Publication 

Notice, as revised, see Docket No. 143, is preliminarily 

approved.

2. Provisional Certification. The following Settlement 

Classes are provisionally certified for settlement purposes only: 

a. “Settlement Class” includes all current or former 

LBN “program participants” and “sponsors” who paid, 

or caused to be paid on their behalf, a fee to LBN.

Excluded from the Settlement Class are: (a) 

individuals for whom LBN or any surety or bond 

company has paid a treasury invoice or the bond or 

for whom a demand for payment for breach of a bond 

has been made by the U.S. Government which remains 

outstanding or open; (b) any judge or magistrate 

presiding over this action and members of their 

families; (c) Defendant and its current or former 

employees; and (d) all persons who properly execute 

and file a timely request for exclusion. The 

Settlement Class is comprised of three Subclasses: 

i. “The Current Program Participant Subclass” 

includes all current LBN “program 

participants” and “sponsors” who paid, or 

caused to be paid on their behalf, a fee to 

LBN.

ii. “The Former and Current Program Participant 

Payments Subclass” includes all former LBN 

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“program participants” who paid, or caused to 

be paid on their behalf, a “Program Payment” 

to LBN and all current LBN “program 

participants” who, within six months of the 

“Final Settlement Approval Date” have been 

issued a Form I-391.

iii. “The Sponsor Payments Subclass” includes all 

sponsors of members of the Former and Current 

Program Participants Payments Subclass who 

paid a fee to LBN, including any initial 

payment or set up fee. 

3. Appointment of Class Representatives and Class Counsel.

Plaintiffs Juan Quintanilla Vasquez, Gabriela Perdomo Ortiz, 

Victor Hugo Catalan Molina, and Kevin Calderon are conditionally 

appointed as the Settlement Class Representatives to implement 

the Parties’ settlement of this action in accordance with the 

Agreement. Tycko & Zavareei LLP, Migliaccio & Rathod LLP, and 

Centro Legal De La Raza are conditionally appointed as Class 

Counsel for settlement purposes. Plaintiffs and Class Counsel 

must fairly and adequately protect the Settlement Class Members’ 

interests.

4. Appointment of Settlement Administrator. JND Legal 

Administration is hereby appointed as the Settlement 

Administrator for the Settlement.

5. Provision of Class Notice. The Settlement Administrator 

shall notify Settlement Class Members of the Settlement in the 

manner specified in the Agreement. 

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6. Objection to Settlement. Class Members who have not 

submitted a timely written exclusion request pursuant to the 

Agreement and who want to object to the Agreement, the Fee 

Application, or the Incentive Award Application may submit a 

written objection to the Settlement Administrator via first class 

mail or online through the Settlement Website. Written 

objections must: (i) be postmarked on or before the Response 

Deadline, which is October 25, 2020; (ii) include the objecting 

Settlement Class Member’s name, address, and telephone number; 

(iii) be personally signed and dated by the objecting Settlement 

Class Member; and (iv) state each objection and the specific 

legal and factual bases for each. Although not required, 

objectors are encouraged to provide the Participant’s Alien 

Registration Number (“A-number”), if available, and a copy of any 

document that they believe supports their objection. LBN shall 

have the right, but not the obligation, to verify whether any 

objector is a Settlement Class Member. However, even if the 

objector does not provide information requested by LBN, the 

objector can proceed with his or her objection so long as he or 

she is a Settlement Class Member.

7. Any Settlement Class Member who does not provide a 

timely written objection shall be deemed to have waived any 

objection and shall forever be foreclosed from making any 

objection to the fairness, reasonableness, or adequacy of the 

proposed Settlement, Fee Application, Fee and Expense Award, 

Incentive Award Application, or Incentive Award. The Class 

Representatives, Class Counsel, or LBN may file responses to any 

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timely written objection no later than seven (7) days prior to 

the Final Approval Hearing.

8. Requesting Exclusion. Settlement Class Members shall 

have the right to opt out of the Settlement Class and the 

Settlement. In the event that a Settlement Class Member wishes 

to be excluded from the Settlement and not to be bound by the 

Settlement Agreement and the Release, that person must, prior to 

the Response Deadline, which is October 25, 2020, submit a notice 

of intention to opt out of the Settlement in writing via first 

class mail to the Settlement Administrator or online through the 

Settlement Website. The request for exclusion must: be 

postmarked or submitted online before the Response Deadline, 

which is October 25, 2020; include the Settlement Class Member’s 

name, address, and telephone number; be signed and dated by the 

Settlement Class Member; and request that the Settlement Class 

Member be excluded from the Settlement. Any Settlement Class 

Member who timely and properly requests exclusion in compliance 

with these requirements will not be entitled to any benefit under 

the Settlement and will not be bound by the Settlement Agreement, 

the Release, or the Final Approval Order and Judgment.

9. Termination. If the Agreement terminates for any 

reason, the following will occur: (a) Class certification for 

settlement purposes only will be automatically vacated; (b) 

Plaintiffs will cease to be Class Representatives for the 

Settlement Class and Class Counsel will cease to be Class Counsel 

for the Settlement Class; and (c) this Action will revert to its 

previous status in all respects as it existed immediately before 

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the Parties executed the Agreement. This Order will not waive or 

otherwise impact the Parties’ rights or arguments. 

10. No Admissions. Nothing in this Order is, or may be 

construed as, an admission or concession on any point of fact or 

law by or against any Party.

11. Stay of Dates and Deadlines. All discovery and pretrial 

proceedings and deadlines are stayed and suspended until further 

notice from the Court, except for such actions as are necessary 

to implement the Agreement and this Order. 

12. Injunction Against Asserting Released Claims Pending 

Settlement Approval. Pending final determination of whether the 

Settlement should be approved, Class Representatives, all 

Settlement Class Members, and any person or entity allegedly 

acting on behalf of Settlement Class Members, either directly, 

representatively, or in any other capacity, are enjoined from 

commencing or prosecuting against the LBN Releasees any action or 

proceeding in any court or tribunal asserting any of the Released 

LBN Claims; provided, however, that this injunction shall not 

apply to individual claims of any Settlement Class Members who 

timely exclude themselves in a manner that complies with this 

Order. This injunction is necessary to protect and effectuate 

the Settlement, this Order, and the Court’s flexibility and 

authority to effectuate the Settlement and to enter judgment when 

appropriate, and is ordered in aid of the Court’s jurisdiction 

and to protect its judgments pursuant to 28 U.S.C. § 1651(a). 

13. Fees and Cost Application. Class Counsel shall file 

their Fee, Expense, and Incentive Payment Application, together 

with all supporting documentation, on or before September 1, 

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2020, which is sufficiently in advance of the expiration of the 

objection period so that Settlement Class Members will have 

sufficient information to decide whether to object and, if 

applicable, to make an informed objection. 

14. Discretion of Counsel. Counsel are hereby authorized to 

take all reasonable steps in connection with approval and 

administration of the Settlement not inconsistent with this Order 

or the Agreement. 

15. Final Approval Hearing. On December 9, 2020, at 2:30 

p.m., the Court will hold a Final Approval Hearing to determine 

whether the Agreement should be finally approved as fair, 

reasonable, and adequate. The Court may order the Final Approval 

Hearing to be postponed, adjourned, or continued, or that it be 

held remotely. If that occurs, the Parties will not be required 

to provide additional notice to Settlement Class Members, but 

they shall update the Settlement Website with the latest 

information as to the date, time, and location of the Final 

Approval Hearing, and they shall include any instructions as to 

how to access the hearing remotely, if applicable. 

16. Plaintiffs’ unopposed motion to file the Fourth Amended 

Complaint, as revised, see Docket No. 143, is GRANTED. 

IT IS SO ORDERED.

Dated: July 31, 2020 

 __________________________ 

 CLAUDIA WILKEN 

 United States District Judge 

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