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976054.1 1 

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT FUND RESIDUAL 

CASE NO. 5:17-CV-00551-LHK (NC) 

JOSHUA H. LERNER, SBN 220755 

Josh.Lerner@wilmerhale.com 

WILMER CUTLER PICKERING HALE

AND DORR LLP 

One Front Street, Suite 3500 

San Francisco, CA 94111 

Telephone: 628.235.1000 

Facsimile: 628.235.1001 

Attorneys For Defendant APPLE INC. 

EUGENE NOVIKOV, SBN 257849 

enovikov@durietangri.com 

DURIE TANGRI LLP 

217 Leidesdorff Street 

San Francisco, CA 94111 

Telephone: 415.362.6666 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

CHRISTINA GRACE and KEN POTTER, 

Individually and on Behalf of All Others 

Similarly Situated, 

Plaintiffs, 

v. 

APPLE INC., 

Defendant. 

CASE NO. 5:17-CV-00551-LHK (NC) 

CLASS ACTION

STIPULATION AND AMENDED* 

ORDER RE SETTLEMENT FUND 

RESIDUAL 

*Amended to remove provision for reassignment to Jagistrate Judge Cousins. As the case is closed, any trailing matters will continue to be addressed

by the general duty judge.

Case 5:17-cv-00551-LHK Document 467 Filed 06/15/22 Page 1 of 4
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976054.1 2 

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT FUND RESIDUAL 

CASE NO. 5:17-CV-00551-LHK (NC) 

Plaintiffs Christina Grace and Ken Potter and Defendant Apple Inc. (the “Parties”) through 

their respective undersigned counsel, hereby stipulate and request the Court order as follows 

regarding distribution of the remaining Settlement funds: 

1. On April 8, 2021, the Court entered an order, pursuant to stipulation of the Parties,

addressing how the parties should proceed “[i]f, following the initial distribution of Settlement funds 

to the Settlement Class Members, there exist unclaimed funds in the Settlement Fund.” Dkt. 460 at 2. 

The Court ordered that, “if it is economically feasible and will not result in a windfall, the Settlement 

Administrator shall process a second distribution of the residue of the Settlement Fund to those 

Settlement Class Members who negotiated their check from the first distribution.” Id. The Court 

also ordered that if any “unclaimed funds remain in the Settlement Fund after the second 

distribution,” they “shall escheat to the states in which the Settlement Class Members reside.” Id. 

2. The initial distribution of Settlement funds to the Settlement Class Members was

completed as of February 25, 2022. As a result of the failure of some Settlement Class Members to 

negotiate their settlement checks, there exist unclaimed funds in the Settlement Fund that are 

available for a second distribution. The Parties have met and conferred regarding the residue and 

agreed that the following is the economically feasible path: 

3. The Parties will follow the Court’s order (Dkt. 460) requiring the Settlement

Administrator to process a second distribution of the residue of the Settlement Fund pro rata to those 

Settlement Class Members who negotiated their check from the first distribution. 

4. The Parties have determined that, given that the vast majority of the class members

who negotiated checks from the first distribution are located in California, if any unclaimed funds 

remain after the second distribution, it would be most economically efficient for all such funds to 

escheat to the State of California. 

5. Accordingly, the Parties request that the Court order as follows:

a. the Settlement Administrator will process a second distribution of the residue of

the Settlement Fund pro rata to those Settlement Class Members who negotiated

their check from the first distribution;

Case 5:17-cv-00551-LHK Document 467 Filed 06/15/22 Page 2 of 4
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976054.1 3 

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT FUND RESIDUAL 

CASE NO. 5:17-CV-00551-LHK (NC) 

b. any unclaimed funds that remain in the Settlement Fund after the second

distribution will escheat to the State of California no later than 60 days after the

second distribution payments become stale; and

c. if Judge Koh is no longer presiding over this matter, the Parties stipulate to

reassignment to Magistrate Judge Cousins for all purposes.

Dated: June 8, 2022 WILMER CUTLER PICKERING HALE 

AND DOOR LLP

By: /s/ Joshua H. Lerner

Joshua H. Lerner 

Attorneys for Defendant Apple Inc.

Dated: June 8, 2022 PEARSON, SIMON & WARSHAW, LLP 

By: /s/ Jill M. Manning 

Jill M. Manning

Attorneys for Plaintiffs and the Class 

PURSUANT TO STIPULATION (AS MODIFIED), IT IS SO ORDERED. 

____________________________________ 

UNITED STATES DISTRICT JUDGE

Dated: June 15, 2022

Case 5:17-cv-00551-LHK Document 467 Filed 06/15/22 Page 3 of 4
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976054.1 4 

STIPULATION AND [PROPOSED] ORDER RE SETTLEMENT FUND RESIDUAL 

CASE NO. 5:17-CV-00551-LHK (NC) 

ATTORNEY ATTESTATION 

Pursuant to Civil Local Rule 5-1(h)(3), I, Jill M. Manning, hereby attest that each of the other 

signatories have concurred in the filing of this document. I declare under penalty of perjury under the 

laws of the United States that the foregoing is true and correct.

 Executed this 8th day of June, 2022, at Tomales, California. 

/s/ Jill M. Manning 

JILL M. MANNING 

Case 5:17-cv-00551-LHK Document 467 Filed 06/15/22 Page 4 of 4