Mirmalek v. Los Angeles Times Communications LLC

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
TALIAH MIRMALEK, on behalf of herself
and all others similarly situated,
Plaintiff,
v.
LOS ANGELES TIMES
COMMUNICATIONS,
LLC,
Defendant.
Case No. 3:24-CV-01797-CRB
[PROPOSED] ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT
Judge: Hon. Charles R. Breyer
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 1 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
1
Before the Court is Plaintiff Taliah Mirmalek’s (“Plaintiff”) Motion for Preliminary
Approval of Class Action Settlement (“Motion”). Plaintiff and Defendant Los Angeles Times
Communications, LLC (“LA Times”) have entered into a Class Action Settlement Agreement,
dated 	October 	15, 	2025 	(“Settlement 	Agreement”). 	Having 	thoroughly 	reviewed 	the
Settlement Agreement, including the proposed forms of class notice and other exhibits thereto,
the Motion, and the papers and arguments in connection therewith, and good cause appearing,
the Court hereby ORDERS as follows:
1. 	Capitalized terms not otherwise defined herein have the meanings set forth in
the Settlement Agreement.
2. 	This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.
§ 1332(d) and has personal jurisdiction over the Parties and the Settlement Class Members.
Venue is proper in this District.
3. 	The Motion is GRANTED.
4. 	The Court hereby preliminarily approves the Settlement Agreement and the
terms embodied therein pursuant to Fed. R. Civ. P. 23(e)(1). The Court finds that it will likely
be able to approve the Settlement Agreement under Fed. R. Civ. P. 23(e)(2) and to certify the
Settlement Class for purposes of judgment on the proposed Settlement. The Court preliminarily
finds that the Settlement Agreement is fair, reasonable, and adequate as to the Settlement Class
Members under the relevant considerations. The Court finds that Plaintiff and proposed Class
Counsel have adequately represented and will continue to adequately represent the Settlement
Class. The Court further finds that the Settlement Agreement is the product of arms’ length
negotiations by the Parties through the use of an experienced mediator. The Court preliminarily
finds that the relief provided—a non-reversionary common settlement fund of $3.85 million—
is adequate considering, inter alia, the costs, risks, and delay of trial and appeal, the alleged
harm to Settlement Class Members, and the proposed method of distributing payments to the
Settlement Class (i.e., direct payment via check). The Court preliminarily finds that the
Settlement Agreement treats the Settlement Class Members equitably relative to each other,
and that the proposed allocation of settlement funds to Settlement Class Members is reasonable
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 2 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
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and equitable. Under the terms of the Settlement Agreement, all Settlement Class Members are
eligible to submit a claim for a payment. The Court preliminarily finds that the payment
allocation provided in the Settlement Agreement is reasonable and equitable.
5. 	The Court 	hereby 	provisionally 	certifies, 	for 	settlement 	purposes 	only, 	a
“Settlement Class,” pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3), consisting of: all persons
who accessed LA Times online via website or mobile app in California and had their
information collected by tracking technologies between January 31, 2023 to the date of this
Order.
6. 	The Court finds that for settlement purposes only, the Settlement Class, as
defined above, meets the requirements for class certification under Fed. R. Civ. P. 23(a) and
23(b)(3)—namely, that (1) the Settlement Class Members are sufficiently numerous such that
joinder is impracticable; (2) there are common questions of law and fact; (3) Plaintiff’s claims
are typical of those of the Settlement Class Members; (4) Plaintiff and Class Counsel have
adequately 	represented, 	and 	will 	continue 	to 	adequately 	represent, 	the 	interests 	of 	the
Settlement Class Members; and (5) for purposes of settlement, the Settlement Class meets the
predominance and superiority requirements of Fed. R. Civ. P. 23(b)(3).
7. 	Certification of the Settlement Class shall be solely for settlement purposes and
without prejudice to the Parties. In the event the Settlement Agreement is not finally approved
by this Court or otherwise does not take effect, the Parties preserve all rights and defenses
regarding class certification.
8. 	The Court hereby appoints Plaintiff Taliah Mirmalek as Class Representative to
represent the Settlement Class.
9. 	The Court hereby appoints the law firm of Bursor & Fisher, P.A. as Class
Counsel for the Settlement Class.
10. 	The Court hereby appoints Kroll Settlement Administration LLC (“Kroll”) as
Settlement Administrator and directs Kroll to carry out all duties and responsibilities of the
Settlement Administrator as specified in the Settlement Agreement and herein.
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 3 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
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Notice Program
11. 	Pursuant to Fed. R. Civ. P. 23(e)(1) and 23(c)(2)(B), the Court approves the
proposed notice program set forth at Section 4 of the Settlement Agreement, including the form
and content of the proposed forms of class notice attached as Exhibits B, C, and D to the
Settlement 	Agreement. 	The 	Court 	finds 	that 	the 	proposed 	notice 	program 	meets 	the
requirements of Due Process under the U.S. Constitution and Rule 23; and that such notice
program—which includes individual direct notice to known Settlement Class Members via
email, 	mail, 	and 	two 	reminder 	emails, 	a media and 	Internet 	notice 	program, 	and 	the
establishment of a Settlement Website and Toll-Free Number—is the best notice practicable
under the circumstances and shall constitute due and sufficient notice to all persons entitled
thereto. The Court further finds that the proposed form and content of the form of the notice is
adequate and will give the Settlement Class Members sufficient information to enable them to
make informed decisions as to the Settlement Class, the right to object or opt out, and the
proposed Settlement and its terms. The Court finds that the notice clearly and concisely states
in plain, easily understood language, inter alia: (i) the nature of the Action; (ii) the definition of
the Settlement Class; (iii) the class claims and issues; (iv) that a Settlement Class Member may
enter an appearance through an attorney if the member so desires; (v) that the Court will
exclude from the Settlement Class any member who timely and validly requests exclusion; (vi)
the time and manner for requesting exclusion; and (vii) the binding effect of a class judgment
on Settlement Class Members under Rule 23(c)(3).
12. 	The Court directs the Settlement Administrator and the Parties to implement the
notice program as set forth in the Settlement Agreement.
13. 	Settlement Class Member Contact Information: Pursuant to the Settlement
Agreement, LA Times shall provide the available contact information of every Settlement
Class Member that it has in its possession to the Settlement Administrator.
14. 	Email Notice: By no later than thirty (30) days following the entry of this
Preliminary Approval Order (hereinafter, the “Notice Date”), the Settlement Administrator
shall issue the first Email Notice (substantially in the form attached as Exhibit D to the
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 4 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
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Settlement Agreement) to each Settlement Class Member whose email address is known to the
Settlement Administrator.
15. 	Mail Notice: For any Settlement Class Member for whom LA Times has a valid
mailing address, the Settlement Administrator shall send a Mail Notice via the U.S. Postal
Service to those Settlement Class Members. The Mail Notice will be substantially similar to the
form attached as Exhibit C to the Settlement Agreement and will provide the web address of
the 	Settlement 	Website 	and 	an 	email 	and 	mailing 	address 	to 	contact 	the 	Settlement
Administrator. LA Times, through the Settlement Administrator, will provide the Mail Notice
on or before thirty (30) calendar days after the Preliminary Approval Date. The Mail Notice
shall be issued one time to each Settlement Class Member for whom LA Times has a valid
mailing address.
16. 	Publication, Media, and Internet Notice. 	Notice shall be provided via a media
and Internet notice program, including banner ads on Internet sites targeted to the Class. 	The
media and Internet notice program shall commence as soon as practicable following the entry
of this Order and, in all events, shall commence not later than the Notice Date.
17. 	Reminder Email Notice: Both thirty (30) days prior to the Claims Deadline and
seven (7) days prior to the Claims Deadline, the Settlement Administrator shall issue a second
and third round of Email Notices, substantially in the form attached as Exhibit D to the
Settlement Agreement, to each Settlement Class Member that was sent the initial Email Notice.
18. 	Settlement Website: 	The Settlement Administrator shall establish and maintain
an Internet website (“Settlement Website”), where Settlement Class Members can obtain
further information about the terms of the Settlement Agreement, their rights, important dates
and deadlines, and related information. Settlement Class Members shall also be able to submit
Claim Forms electronically via the Settlement Website. The Settlement Website shall include,
in PDF format, the Complaint in this Action, the Settlement Agreement, the long-form notice
substantially in the form attached as Exhibit B to the Settlement Agreement, this Preliminary
Approval Order, Settlement Class Counsel’s fee and cost application (after it is filed), and other
case documents as agreed upon by the Parties and/or required by the Court, and shall be
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 5 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
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operational and live by no later than one day before the media and Internet notice program is
disseminated. The Settlement Website shall be optimized for display on mobile phones. The
Settlement Website shall remain operational until at least three months after the date the
Settlement becomes Effective.
19. 	Toll-Free Number: The Settlement Administrator shall establish and maintain a
toll-free telephone number (“Toll-Free Number”) where Settlement Class Members can obtain
further information about the Settlement Agreement and their rights, and request that a hard
copy Claim Form or long-form notice be mailed to them. The Toll-Free Number shall be
operational and live by no later than one day before the first Mail Notice or Email Notice is
disseminated and shall remain operational until at least three months after date the Settlement
becomes Effective.
20. 	At least seven (7) calendar days prior to the final approval hearing, Class
Counsel shall prepare or cause the Settlement Administrator to prepare a list of the persons who
have excluded themselves in a valid and timely manner from the Settlement Class (the “Opt-
Outs”), and Class Counsel shall file that list with the Court.
Claims Procedure
21. 	The Court approves the form and content of the proposed Claim Form, in the
form attached as Exhibit A to the Settlement Agreement, approves the Claims Process set forth
in the Settlement Agreement for Settlement Class Members to submit Claims, and directs the
Parties and the Settlement Administrator to implement the Claims Process.
Opt-Out and Objection Procedures
22. 	Settlement Class Members may exclude themselves from the Settlement Class
by mailing to the Settlement Administrator a request for exclusion that is postmarked or
emailed no later than March 23, 2026 (the “Exclusion/Objection Deadline”). To be effective,
the request for exclusion must include: (a) the Settlement Class Member’s full name, telephone
number, mailing address, and email address; (b) a clear statement that the Settlement Class
Member wishes to be excluded from the Settlement Class; (c) the name of this Action:
“Mirmalek v. Los Angeles Times Communications, LLC”; and (d) the Settlement Class
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 6 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
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Member’s signature or a signature of an individual authorized to act on his or her behalf.
Settlement Class Members cannot request exclusion as a class or group. Any Settlement Class
Member who submits a timely and valid request for exclusion is foreclosed from objecting to
the Settlement or to Class Counsel’s motion for attorneys’ fees, costs, and service awards. If a
Settlement Class Member submits both a timely and valid request for exclusion and an
objection, the Settlement Class Member shall be treated as if they had only submitted a request
for exclusion. Any Settlement Class Member who does not submit a timely and valid request
for exclusion in accordance with this paragraph shall be bound by the Final Order and
Judgment if and when it is entered. The Settlement Administrator shall provide copies of all
timely and valid requests for exclusion to Class Counsel and LA Times’ Counsel.
23. 	Any Settlement Class Member who does not submit a timely and valid request
for exclusion shall have the right to object to the proposed Settlement and/or to Class Counsel’s
motion for attorneys’ fees, costs, or service awards. To be considered valid, an objection must
be in writing, must be filed with or mailed to the Court, and filed with or mailed to the Court, at
the address listed in the long-form notice, postmarked/filed no later than March 23, 2026 (the
“Exclusion/Objection Deadline”), and must include the following: (a) the name of this Action:
“Mirmalek v. Los Angeles Times Communications, LLC”; (b) the full name, mailing address,
telephone number, and email address of the objector; (c) the objector’s signature or the
signature of an individual authorized to act on his or her behalf; (d) a description of the specific
reasons for the objection; (e) the name, address, bar number, and telephone number of counsel
for the objector, if the objector is represented by an attorney; (f) a list of any objections to class
actions submitted by the objector or its attorney(s) within the previous 5 years; and (g) state
whether the objector intends to appear at the final approval hearing either in person or through
counsel. Only objections that are submitted in accordance with this paragraph shall be heard by
the Court. 	Any Settlement Class Member who does not timely submit an objection in
accordance with this paragraph shall waive the right to object or to be heard at the final
approval hearing and shall be forever barred from making any objection to the proposed
Settlement or to Class Counsel’s motion for attorneys’ fees, costs, and service awards. Any
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 7 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
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Settlement Class Member who objects to the Settlement shall nevertheless be entitled to all
benefits of the Settlement if it is approved and becomes final. The Settlement Administrator
shall 	promptly 	after 	receipt 	provide 	copies 	of 	any 	objections, 	including 	any 	related
correspondence, to Class Counsel and Defendant’s Counsel.
Final Approval Hearing
24. 	The Court will hold a final approval hearing on May 22, 2026 at 10:00 a.m. in
the United States District Court for the Northern District of California, via Zoom. The purposes
of the final approval hearing will be to: (i) determine whether the proposed Settlement
Agreement should be finally approved by the Court as fair, reasonable, adequate, and in the
best interests of the Settlement Class; (ii) determine whether judgment should be entered
pursuant to the Settlement Agreement, dismissing the Action with prejudice and releasing the
Released Parties of all claims stated in Section 1.23 of the Settlement Agreement; (iii)
determine whether the Settlement Class should be finally certified; (iv) rule on Class Counsel’s
motion for attorneys’ fees, costs and service award; (v) consider any properly filed objections;
and (vi) consider any other matters necessary in connection with the final approval of the
Settlement Agreement.
25. 	By no later than 15 days after the Notice Date, Plaintiff and Class Counsel shall
file their: (a) motion for final approval of the Settlement Agreement; and (b) any motion for
attorneys’ fees, costs, and service awards. Promptly after they are filed, these document(s) shall
be posted on the Settlement Website.
26. 	By no later than 14 days before the final approval hearing, the Parties shall file
any responses to any Settlement Class Member objections and any replies in support of final
settlement approval and/or in support of Class Counsel’s motion for attorneys’ fees, costs, and
service awards.
27. 	The Court may, in its discretion, modify the date and/or time of the final
approval hearing, and may order that this hearing be held remotely or telephonically. In the
event the Court changes the date, time, and/or the format of the final approval hearing, the
Parties shall ensure that the updated information is posted on the Settlement Website.
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 8 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
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28. 	Only 	Settlement 	Class 	Members 	who 	have 	submitted 	timely 	and 	valid
objections, in accordance with the requirements of this Preliminary Approval Order, may be
heard at the final approval hearing.
29. 	If the Settlement Agreement, including any amendment made in accordance
therewith, is not approved by the Court or shall not become effective for any reason
whatsoever, the Settlement Agreement and any actions taken or to be taken in connection
therewith (including this Preliminary Approval Order and any judgment entered herein), shall
be terminated and shall become null and void and of no further force and effect except for
(i) any obligations to pay for any expense incurred in connection with Notice and Other
Administration Costs as set forth in the Settlement Agreement, and (ii) any other obligations or
provisions that are expressly designated in the Settlement Agreement to survive the termination
of the Settlement Agreement.
30. 	Other than such proceedings as may be necessary to carry out the terms and
conditions of the Settlement Agreement, all proceedings in the Action are hereby stayed and
suspended until further order of this Court.
31. 	Pending final determination of whether the Settlement Agreement should be
finally approved, Plaintiff and all Settlement Class Members are barred and enjoined from
filing, commencing, prosecuting, or enforcing any action against the Released Parties insofar as
such action asserts claims stated in section 1.23 of the Settlement Agreement, directly or
indirectly, in any judicial, administrative, arbitral, or other forum. This bar and injunction are
necessary to protect and effectuate the Settlement Agreement and this Preliminary Approval
Order, and this Court’s authority to effectuate the Settlement, and is ordered in aid of this
Court’s jurisdiction.
32. 	This 	Preliminary 	Approval 	Order, 	the 	Settlement 	Agreement, 	and 	all
negotiations, statements, agreements, and proceedings relating to the Settlement, and any
matters arising in connection with settlement negotiations, proceedings, or agreements shall not
constitute, be described as, construed as, offered or received against LA Times or the other
Released Parties as evidence or an admission of: (a) the truth of any fact alleged by Plaintiff in
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 9 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
CASE NO. 3:24-CV-01797-CRB
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the Action; (b) any liability, negligence, fault, or wrongdoing of LA Times or the Released
Parties; or (c) that this Action or any other action may be properly certified as a class action for
litigation, non-settlement purposes.
33. 	The Court retains jurisdiction over this Action to consider all further matters
arising out of or connected with the Settlement, including enforcement of the Release provided
for in the Settlement Agreement.
34. 	The Parties are directed to take all necessary and appropriate steps to establish
the means necessary to implement the Settlement Agreement according to its terms should it be
finally approved.
35. 	The Court may, for good cause, extend any of the deadlines set forth in this
Preliminary Approval Order without further notice to Settlement Class Members. Without
further order of the Court, the Parties may agree to make non-material modifications in
implementing the Settlement that are not inconsistent with this Preliminary Approval Order.
36. 	The following chart summarizes the dates and deadlines set by this Preliminary
Approval Order:
EVENT 	PROPOSED DEADLINE
CAFA Notice Pursuant to 28 U.S.C. § 1715(b) 	October 24, 2025
Establishment of Settlement Website 	December 29, 2025
Notice Date 	January 20, 2026
Motion for Attorneys’ Fees, Costs, Expenses,
and Service Award March 6, 2026
Objection and Opt-Out Deadline 	March 23, 2026
Claims Deadline 	April 20, 2026
Final Approval Motion and Response to Any
Objections May 4, 2026
Deadline to Submit Notices of Appearance at
the Final Approval Hearing May 4, 2026
Supplement declaration (1) stating the number
of 	claims, 	requests 	for 	exclusion, 	and
objections to date and (2) attesting that Notice
was 	disseminated 	consistent 	with 	the
Settlement
May 12, 2026
Final Approval Hearing 	May 22, 2026 at 10:00 a.m. (via Zoom)
Award Issuance Date 	Begins 14 days after Effective Date
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 10 of 11

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[PROPOSED] ORDER GRANTING PRELIMINARY APPROVAL
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IT IS SO ORDERED.
Date:
_______________________________
HON. CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
December 19, 2025
Case 3:24-cv-01797-CRB Document 50 Filed 12/19/25 Page 11 of 11