Thomas Jedrzejczyk v. Skillz, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

THOMAS JEDRZEJCZYK; et al., No. 23-15493

Plaintiffs-Appellants, D.C. No. 3:21-cv-03450-RS

v.

MEMORANDUM*

SKILLZ, INC., FKA Flying Eagle Acquisition Corp.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Richard Seeborg, Chief District Judge, Presiding

Argued and Submitted April 1, 2024 San Francisco, California

Before: HURWITZ and JOHNSTONE, Circuit Judges, and MORRIS,** District Judge.

This putative class action asserts that Skillz, Inc. and several of its officers

(collectively, “defendants”) violated Section 10 of the Securities Act of 1934,

15 U.S.C. § 78j(b), and Securities Exchange Commission Rule 10b-5, 17 C.F.R.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Brian M. Morris, Chief Judge for the District of Montana, sitting by designation. § 240.10b-5. The operative second amended…