U.S. District Judge James Donato of the Northern District of California. (Photo: Jason Doiy) Morrison & Foerster a 10-page order issued Tuesday a hearing in May the judge railed sued Fitbit 2016 persuaded Donato last year My takeaway is that the vice grip of arbitration is very, very strong, notwithstanding a judge's clear finding that a party had acted in bad faith and frankly, here we think deceptively," he added.