Case 3:15-cv-02077-JD Document 257 Filed 09/13/18 Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Civil Minutes

Date: September 13, 2018 Judge: Hon. James Donato

Time: 16 Minutes

Case No. C-15-02077-JD

Case Name Brickman v. Fitbit, Inc.

Attorney(s) for Plaintiff(s): Ronald A. Margolis/Patrick Perotti/Frank Bartela/

Christopher Land
Attorney(s) for Defendant(s): David McDowell

Deputy Clerk: Lisa R. Clark Court Reporter: Debra Paz

PROCEEDINGS

Motion for Preliminary Approval of Class Settlement - Held

NOTES AND ORDERS

As discussed at the hearing, the motion for preliminary approval is denied without prejudice.
Dkt. No. 254. The Court’s main concerns include the use of a coupon for another Fitbit purchase
instead of an all-cash payment to the class, an overly broad release by the class, and no conduct
remedies for the alleged false advertising and marketing statements. Other concerns are noted in
the record.

The parties may file within 45 days a revised motion for preliminary approval that addresses
these issues. The parties are reminded to follow the district’s class action settlement guidelines
and to review the Court’s prior orders on incentive payments to named plaintiffs.