David Cottrell v. At&t Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 26 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVID COTTRELL, No. 20-16162

Plaintiff-Appellee, D.C. No. 3:19-cv-07672-JCS

v.

MEMORANDUM*

AT&T INC.; et al.,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted June 8, 2021 Submission Vacated June 15, 2021 Resubmitted October 7, 2021 Seattle, Washington

Before: GILMAN,** GOULD, and MILLER, Circuit Judges.

David Cottrell brought this putative class action asserting claims under

California law against AT&T Inc. and associated companies (collectively,

“AT&T”) based on his allegations that AT&T improperly charged its customers

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. for DIRECTV Now accounts without…