David Tompkins v. 23andme, Inc.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID TOMPKINS, an No. 14-16405 individual, on behalf of himself and others similarly situated, D.C. No. Plaintiff-Appellant, 5:13-cv-05682-LHK v. OPINION 23ANDME, INC., Defendant-Appellee. Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding Argued and Submitted May 12, 2016 San Francisco, California Filed August 23, 2016 Before: Stephen S. Trott, Sandra S. Ikuta, and Paul J. Watford, Circuit Judges. Opinion by Judge Ikuta; Concurrence by Judge Watford 2…