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DWT & GORBY PETERS’S RESP. TO DEF.’S STATUS UPDATE 

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

4884-1634-1822v.3 0108933-000006 

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SEAN M. SULLIVAN (State Bar No. 229104) 

DAVIS WRIGHT TREMAINE LLP 

865 South Figueroa Street, 24th Floor 

Los Angeles, California 90017-2566 

Telephone: (213) 633-6800 

Fax: (213) 633-6899 

seansullivan@dwt.com 

KENNETH E. PAYSON (pro hac vice) 

DAVIS WRIGHT TREMAINE LLP 

920 Fifth Avenue, Suite 3300 

Seattle, Washington 98104-1610 

Telephone: (206) 622-3150 

Fax: (206) 757-7700 

kenpayson@dwt.com 

Attorneys for Defendant 

LIBRE BY NEXUS, INC. 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

JUAN QUINTANILLA VASQUEZ, et al., 

Plaintiffs, 

vs. 

LIBRE BY NEXUS, INC., 

Defendant. 

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

DAVIS WRIGHT TREMAINE LLP AND 

GORBY, PETERS & ASSOCIATES LLC’s

RESPONSE TO DEFENDANT LIBRE BY 

NEXUS, INC.’S STATUS UPDATE 

Assigned to the Hon. Claudia Wilken 

Action Filed: February 15, 2017 

Case 4:17-cv-00755-CW Document 231 Filed 11/15/22 Page 1 of 3
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DWT & GORBY PETERS’S RESP. TO DEF.’S STATUS UPDATE 

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

4884-1634-1822v.3 0108933-000006 

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Davis Wright Tremaine LLP (“DWT”) and Gorby, Peters & Associates LLC (“Gorby 

Peters”) hereby respond to Defendant Libre by Nexus, Inc.’s (“LBN”) Status Update (ECF No. 

230) to correct a misstatement and to concur in LBN’s request that DWT and LBN be allowed to 

withdraw as counsel. 

First, DWT and Gorby Peters strongly disagree with LBN’s statement that: “The majority 

of the attorneys who have been required to remain in this case by the Court have no contact with 

LBN or its principals regarding legal guidance/strategy.” LBN’s Status Update at 3. On the 

contrary, DWT and Gorby Peters have coordinated with each other to ensure that one or the other 

or both firms promptly communicate both to LBN’s lead counsel and to LBN’s principals, directly, 

with respect to each and every Court order and case development, despite not being paid or being 

allowed to withdraw. DWT and Gorby Peters stand ready to provide that correspondence to the 

Court for in camera review should the Court ask them to do so. 

Second, DWT and Gorby Peters concur in LBN’s request that DWT and LBN be allowed 

to withdraw. As the Court knows from LBN’s earlier requests to allow DWT and LBN to 

withdraw, LBN has since retained substitute counsel who have appeared on LBN’s behalf and who 

have handled subsequent filings of LBN. With the Court’s approval of the class settlement there 

is no further need for DWT’s and Gorby Peter’s particular litigation expertise and requiring LBN 

to continue to retain four additional lawyers at two additional firms only unnecessarily compounds 

LBN’s financial obligations during this time of its existential challenges. 

Pursuant to Local Rule 5-1(h)(3), I hereby attest that all other signatories listed on this 

document, and on whose behalf the filing is submitted, concur in the filing’s content and have 

authorized the filing. 

Case 4:17-cv-00755-CW Document 231 Filed 11/15/22 Page 2 of 3
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DWT & GORBY PETERS’S RESP. TO DEF.’S STATUS UPDATE 

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

4884-1634-1822v.3 0108933-000006 

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DATED: November 15, 2022 Respectfully submitted, 

DAVIS WRIGHT TREMAINE LLP 

SEAN M. SULLIVAN 

KENNETH E. PAYSON 

By: /s/ Sean M. Sullivan

SEAN M. SULLIVAN 

By: /s/ Kenneth E. Payson 

KENNETH E. PAYSON 

GORBY, PETERS & ASSOCIATES LLC 

MICHAEL J. GORBY 

MARY DONNE PETERS 

By: /s/ Michael J. Gorby

MICHAEL J. GORBY 

By: /s/ Mary Donne Peters

MARY DONNE PETERS 

Attorneys for Defendant 

LIBRE BY NEXUS, INC. 

Case 4:17-cv-00755-CW Document 231 Filed 11/15/22 Page 3 of 3