Additional issues arise in the response to the motion for settlement.
1) Is an email notifying subscribers of a pre-existing policy substantive injunctive relief meriting attorneys’ fees?
2) Is a request for attorneys’ fees of 75% of the total financial settlement “fair” simply because its severable–when severability simply means that a reduction in fees reverts to the defendant, rather than to the class?
3) Is “cy pres” really cy pres when the designated charities are either local, related to the mediator, and/or related to the plaintiff?
4) Is apathy about a bad settlement judicial evidence of affirmative support?
The hearing is in Los Angeles December 28.