Fitbit Securities Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case No. 3:16-cv-00151-SI

18. How Do I Tell the Court That I Do Not Like the Settlement?


If you are a Settlement Class Member and do not agree with the proposed Settlement, any part of the Settlement, the proposed Plan of Allocation, and/or the request for attorneys’ fees and expenses or an award of reasonable costs and expenses for the Class Representatives, you can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payment will be sent out and the lawsuit will continue.

To object, you must send a letter saying you object to the Settlement in the Fitbit Securities Litigation, Case No. 16-cv-00151-SI. Be sure to include: (A) your name, address, telephone number, signature, and e-mail address (if any); (B) the date, number, and dollar amount of all purchases, acquisitions, sales, or dispositions of Common Stock, Call Options, and Put Options between June 18, 2015 and May 19, 2016, both dates inclusive; (C) the number of Common Stock, Call Options, and Put Options held by you as of May 19, 2016; and (D) a description of the specific part of the Stipulation or Settlement to which you object and all grounds for your objection, including any evidence you wish to bring to the Court’s attention and any legal support known to you or your counsel.

If you object to the Settlement or the requested attorneys’ fees or award of reasonable costs and expenses for the Class Representatives, you subject yourself to the jurisdiction of the Court in this matter and Lead Plaintiff may seek to take your deposition before the Settlement Hearing. If the Court allows the deposition and you refuse to have your deposition taken, your objection may be deemed invalid.

The motions in support of the Settlement and the request for attorneys’ fees will be filed no later than March 17, 2018, and they will be available from Lead Counsel, the Settlement Administrator, or the Court. Any objection must be mailed or delivered such that it is received by each of the following no later than April 3, 2018:

COURT

United States District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102-3489
LEAD COUNSEL

Brian P. Murray
Garth A. Spencer
GLANCY PRONGAY & MURRAY LLP
230 Park Avenue, Suite 530
New York, NY 10169

Jeremy A. Lieberman
Murielle Steven Walsh
POMERANTZ LLP
600 Third Avenue, Floor 20
New York, NY 10016
DEFENDANTS’ COUNSEL

For the Fitbit Defendants:
Jordan Eth
Anna Erickson White
Ryan M. Keats
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482

For the Underwriter Defendants:
Jonathan Rosenberg
William J. Sushon
O’MELVENY & MYERS LLP
Seven Times Square
New York, NY 10036

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