MOTION FOR LEAVE TO FILE AMICUS BRIEF

NO. 4:17-cv-755-CW

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JANE M. AZIA, NY Bar # 1539600

Telephone: (212) 416-8727

Email: jane.azia@ag.ny.gov

LAURA J. LEVINE, NY Bar # 2337368

Telephone: (212) 416-8313

Email: laura.levine@ag.ny.gov

JOSEPH P. MUELLER, NY Bar # 5079389

Telephone: (212) 416-8321

Email: joseph.mueller@ag.ny.gov

GAVIN G. MCCABE, CA Bar # 130864

Telephone: (212) 416-8469

Email: gavin.mccabe@ag.ny.gov

Local Counsel

Attorneys for State of New York

28 Liberty Street, 20th floor

New York, NY 10005

(212) 416-8321

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUAN QUINTANILLA VASQUEZ, 

GABRIELA PERDOMO ORTIZ, 

VICTOR HUGO CATALAN 

MOLINA, and KEVIN CALEDERON, 

individually and on behalf of all others 

similarly situated,

Plaintiffs,

v.

LIBRE BY NEXUS, INC. and JOHN 

DOES 1-50,

Defendants.

Case No. 4:17-cv-755-CW

______________

MOTION FOR LEAVE TO FILE 

AMICUS BRIEF

Hearing Date: December 9, 2020

Time: 2:30 P.M.

Judge: Hon. Claudia Wilken

Case 4:17-cv-00755-CW Document 151 Filed 10/26/20 Page 1 of 3
MOTION FOR LEAVE TO FILE AMICUS BRIEF

NO. 4:17-cv-755-CW

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The State of New York respectfully moves for leave to file a brief as amicus curiae in opposition 

to the current proposed class action settlement (see Dkt. No. 144). A copy of the proposed brief, which 

is joined by proposed amicus curiae the States of New York, Massachusetts, and Virginia (the “States”), 

is attached as Exhibit A to this motion and includes a statement of the States’ interest in the matter. The 

States respectfully submit that the proposed amicus curiae brief will assist the Court in addressing the 

question of whether to approve the current proposed class action settlement.

The Attorneys General perform a unique role for the Court by addressing the fairness of class 

action settlements. This role is recognized in the Class Action Fairness Act, which requires parties to 

provide information to the Attorneys General about the proposed settlement before the fairness hearing. 

28 U.S.C. § 1715(b).

A significant portion of the nationwide class members are residents of the States that join in this 

amicus brief. The New York Attorney General’s Bureau of Consumer Frauds and Protection, the Virginia 

Attorney General’s Consumer Protection Section, and the Massachusetts Attorney General’s Public 

Protection and Advocacy Bureau investigate and take enforcement action on behalf of the public interest 

and have relevant experience in bringing consumer harm to light and crafting appropriate remedies. And 

the States currently are investigating defendant Libre by Nexus Inc, and its parent company Nexus 

Services Inc., for inter alia potential violations of state consumer protection laws.

No party would be prejudiced by the filing of this amicus brief. This brief is being filed well in 

time for all parties to respond. And under Federal Rule of Appellate Procedure 29(a)(2), “a state may 

file an amicus brief without the consent of the parties or leave of court.” 

For the foregoing reasons, the motion for leave to file the proposed amicus brief should be 

granted. The proposed amicus brief is attached as Exhibit A. Pursuant to Civil L.R. 7-2(c), a copy of the 

proposed order pertaining to this motion is attached as Exhibit B.

Case 4:17-cv-00755-CW Document 151 Filed 10/26/20 Page 2 of 3
MOTION FOR LEAVE TO FILE AMICUS BRIEF

NO. 4:17-cv-755-CW

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Dated: October 26, 2020

New York, NY

Respectfully Submitted,

LETITIA JAMES

Attorney General of the State of New York

By and Through: 

/s/ Gavin G. McCabe

GAVIN G. MCCABE

JOSEPH P. MUELLER

Assistant Attorneys General

JANE M. AZIA

Bureau Chief

Bureau of Consumer Frauds and Protection

LAURA J. LEVINE

Deputy Bureau Chief

Bureau of Consumer Frauds and Protection

New York Office of the Attorney General

28 Liberty Street

New York, NY 10005

(212) 416-8321

The following Attorneys General join in this brief:

MARK HERRING

Attorney General for the Commonwealth of Virginia

202 North Ninth Street

Richmond, VA 23219

MAURA HEALEY

Attorney General for the Commonwealth of Massachusetts

One Ashburton Place, 20th Floor

Boston, MA 02108

Case 4:17-cv-00755-CW Document 151 Filed 10/26/20 Page 3 of 3