throbber

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Case 3:15-cv-02077-JD Document 318 Filed 04/20/20 Page 1 of 2
`
`DAVID F. MCDOWELL (CA SBN 125806)
`DMcDowell@mofo.com
`MORRISON & FOERSTER LLP
`707 Wilshire Blvd., Suite 6000
`Los Angeles, California 94105
`Telephone: 213.892.5200
`Facsimile: 213.892.5454
`
`ERIN M. BOSMAN (CA SBN 204987)
`EBosman@mofo.com
`JULIE Y. PARK (CA SBN 259929)
`JuliePark@mofo.com
`MORRISON & FOERSTER LLP
`12531 High Bluff Drive
`San Diego, California 92130-2040
`Telephone: 858.720.5100
`Facsimile: 858.720.5125
`
`Attorneys for Defendant
`FITBIT, INC.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`
`JAMES P. BRICKMAN, individually and as a
`representative of all others similarly situated,
`
`
`
`v.
`
`FITBIT, INC.,
`
`Plaintiff,
`
`
`
`Defendant.
`
`Case No. 3:15-cv-2077-JD
`
`DEFENDANT FITBIT, INC.’S
`NOTICE OF APPEAL
`Date: April 20, 2020
`Judge: Hon. James Donato
`
`
`NOTICE OF APPEAL
`CASE NO. 3:15-CV-2077-JD
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Case 3:15-cv-02077-JD Document 318 Filed 04/20/20 Page 2 of 2
`
`
`
`NOTICE IS HEREBY GIVEN under Rules 3(a)(1) and 4(a)(1)(A) of the Federal Rules of
`Appellate Procedure that defendant FITBIT, INC. (“Fitbit”) in the above-entitled action hereby
`appeals to the United States Court of Appeals for the Ninth Circuit from the order entered in this
`action on March 20, 2020 entering final judgment approving settlement (Dkt. No. 317), and any
`and all other orders and/or rulings adverse to Fitbit, including but not limited to the District
`Court’s March 20 order granting plaintiff’s motion for attorneys’ fees, costs, and incentive
`compensation (Dkt. 316). This notice of appeal is timely filed under Federal Rule of Appellate
`Procedure 4(a).
`Attached is a Representation Statement complying with Ninth Circuit Rule 3-2 and Rule
`12(b) of the Federal Rules of Appellate Procedure.
`
`Dated: April 20, 2020
`
`Respectfully submitted,
`
`DAVID F. MCDOWELL
`ERIN M. BOSMAN
`JULIE Y. PARK
`MORRISON & FOERSTER LLP
`
`By: /s/ David F. McDowell
`David F. McDowell
`
`Attorneys for Defendant
`FITBIT, INC.
`
`NOTICE OF APPEAL
`CASE NO. 3:15-CV-2077-JD
`
`1
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket