Mark Cohen v. Peloton Interactive, Inc. et al
| Mark Cohen |
| Peloton Interactive, Inc., DOES 1 through 50, inclusive. and Does 1 through 50, inclusive |
| 2:2022cv01425 |
| March 2, 2022 |
| US District Court for the Central District of California |
| Charles F Eick |
| Michael W Fitzgerald |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ORDER GRANTING JOINT STIPULATION TO CONTINUE TRIAL DATE AND PRE-TRIAL DEADLINES #47 by Judge Michael W. Fitzgerald. Final Pretrial Conference and Hearing on Motions in Limine set for 1/13/2025 at 11:00 AM. Jury Trial (Est. 3 to 10 Days) set for 2/4/2025 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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| Filing 47 Joint STIPULATION to Continue Trial Date and Pre-Trial Deadlines from August 13, 2024 to February 4, 2025 Re: Pretrial-Trial Scheduling Order - form only, #44 filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Proposed Order)(Cooney, Megan) |
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Filing 46
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order. #45 (See document for details) (Attachments: #1 Protective Order) (vmun)
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| Filing 45 STIPULATION for Protective Order filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Proposed Order)(Cooney, Megan) |
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Filing 44
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald. Last Day to Add Parties/Amend Pleadings 12/19/2022. Non-expert Discovery Cut-off 2/9/2024. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine 7/1/2024. Final Pretrial Conference and Hearing on Motions in Limine set for 7/22/2024 at 11:00 AM. Trial Date (Est. 3 to 10 Days) set for 8/13/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 43
ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 5/24/2024. (iv)
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Filing 42
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. On the Court's own motion, the Court VACATES the Scheduling Conference set for 10/24/2022 at 11:00 a.m. No appearances shall be made. The Court will review the parties' Joint Rule 26(f) Report and issue pretrial and trial dates by separate order. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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| Filing 41 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 to 4 days if class certification is denied and PAGA claim stricken; 2 weeks if class certification is granted, filed by Defendant Peloton Interactive, Inc... (Cooney, Megan) |
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Filing 40
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 10/24/2022 at 11:00 AM. (iv)
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| Filing 39 ANSWER to Amended Complaint/Petition #37 with JURY DEMAND filed by Defendant Peloton Interactive, Inc..(Cooney, Megan) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #37 . The following error(s) was/were found: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
| Filing 37 SECOND AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint,, filed by plaintiff Mark Cohen(Beligan, Leah) |
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Filing 36
ORDER REQUESTING TO LIFT STAY ORDER AND GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT by Judge Michael W. Fitzgerald. Having considered the Parties Joint Stipulation Granting Plaintiff Leave to File a Second Amended Complaint (the Stipulation), and good cause appearing therefore, the Court GRANTS the Stipulation and orders the following: 1. The May 2, 2022 order staying this matter is hereby lifted. 2. Plaintiff is granted leave to file a Second Amended Complaint (SAC), which was attached to the Stipulation as Exhibit A, to add a cause of action under the Private Attorneys General Act (PAGA) and limit the liability period to reflect the putative class action claims will cover only November 18, 2020 to the present and exclude any putative class members who were part of the Hernandez settlement. Plaintiff is ORDERED to file the SAC before July 29, 2022; 3. Pelotons response to the SAC shall not be due until 30 days after the SAC is filed. IT IS SO ORDERED. (rolm)
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| Filing 35 STIPULATION to amend Amended Complaint,, STIPULATION to Lift Stay stay was pending June 2, 2022 settlement of another case and therefore the stay is no longer needed. filed by plaintiff Mark Cohen. (Attachments: #1 Exhibit, #2 Proposed Order)(Beligan, Leah) |
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Filing 34
ORDER GRANTING BRIEFING SCHEDULE; ORDER CONTINUING SCHEDULING CONFERENCE #33 by Judge Michael W. Fitzgerald. Plaintiff's deadline to dismiss with prejudice or request to file an amended complaint removing the claims encompassed by the Hernandez settlement shall be Friday, July 29, 2022. SEE ORDER FOR DETAILS. (iv)
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| Filing 33 STATUS REPORT (Joint) filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Proposed Order)(Cooney, Megan) |
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Filing 32
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO STAY CASE #20 by Judge Michael W. Fitzgerald. The Motion is GRANTED and this action is STAYED pending the outcome of the final settlement approval hearing in the California Superior Court action Hernandez, et al. v. Peloton Interactive, Inc., Case Nos. RG20053333 and RG20061729. Defendant is ORDERED to file a Joint Status Report regarding the Hernandez action every 90 days, commencing on August 1, 2022, or within ten days of a ruling, whichever occurs first. (iv)
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Filing 31
ORDER GRANTING PLAINTIFF LEAVE TO FILE A SECOND AMENDED COMPLAINT #29 by Judge Michael W. Fitzgerald. Plaintiff is granted leave to file the Second Amended Complaint. (iv)
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Filing 30
SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to General Order 21-08, Order of the Chief Judge 21-124, and Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the MOTION TO STAY #20 appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for May 2, 2022 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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| Filing 29 STIPULATION to amend filed by plaintiff Mark Cohen. (Attachments: #1 Proposed Order)(Beligan, Leah) |
| Filing 28 NOTICE OF MOTION AND MOTION to Withdraw Plaintiff's Motion to Remand filed by plaintiff Mark Cohen. Motion set for hearing on 5/2/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Beligan, Leah) |
| Filing 27 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Hernandez, et al. v. Peloton Interactive, Inc., Case Nos. RG20053333 and RG20061729 #20 filed by Defendant Peloton Interactive, Inc.. (Cooney, Megan) |
| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Hernandez, et al. v. Peloton Interactive, Inc., Case Nos. RG20053333 and RG20061729 #20 filed by Plaintiff Mark Cohen. (Beligan, Leah) |
| Filing 25 Opposition re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #22 filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Declaration of Megan Cooney in Support of Defendant Peloton Interactive, Inc.'s Opposition to Plaintiff's Motion to Remand to State Court, #2 Declaration of Christine Pinkston in Support of Defendant Peloton Interactive, Inc.'s Opposition to Plaintiff's Motion to Remand)(Cooney, Megan) |
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Filing 24
ORDER GRANTING JOINT STIPULATION TO CONTINUE THE RULE 26 SCHEDULING #23 CONFERENCE by Judge Michael W. Fitzgerald. The Court orders that: 1. The Rule 26 Scheduling Conference is CONTINUED to August 15, 2022, at 11:00 a.m.; and 2. The Parties shall submit a Joint Rule 26(f) Report 14 days before the continued Scheduling Conference. (lom)
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| Filing 23 Joint STIPULATION to Continue Rule 26 Scheduling Conference from April 25, 2022 to August 15, 2022 filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Proposed Order)(Cooney, Megan) |
| Filing 22 First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiff Mark Cohen. Motion set for hearing on 5/2/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Declaration of Leah M. Beligan in Support of Plaintiff's Motion to Remand, #2 Proposed Order Proposed Order Granting Plaintiff's Motion for Remand, #3 Affidavit Certificate of Service) (Beligan, Leah) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Hernandez, et al. v. Peloton Interactive, Inc., Case Nos. RG20053333 and RG20061729 #20 filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order Granting Peloton Interactive, Inc.'s Request for Judicial Notice)(Cooney, Megan) |
| Filing 20 NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of Hernandez, et al. v. Peloton Interactive, Inc., Case Nos. RG20053333 and RG20061729 filed by Defendant Peloton Interactive, Inc.. Motion set for hearing on 5/2/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Megan Cooney In Support of Defendant Peloton Interactive, Inc.'s Motion to Stay Action, #2 Proposed Order Granting Peloton Interactive, Inc.'s Motion to Stay) (Cooney, Megan) |
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Filing 19
ORDER by Judge Michael W. Fitzgerald: Granting Application of Non-Resident Attorney Danielle Moss to Appear Pro Hac Vice on behalf of Defendant Peloton Interactive, Inc., designating Megan Cooney as local counsel #17 . (iv)
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| Filing 18 DECLARATION of Danielle J. Moss re Amended APPLICATION of Non-Resident Attorney Danielle J. Moss to Appear Pro Hac Vice on behalf of Defendant Peloton Interactive, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 3/10/2022, Receipt No. ACACDC-32928989) #17 filed by Defendant Peloton Interactive, Inc.. (Cooney, Megan) |
| Filing 17 Amended APPLICATION of Non-Resident Attorney Danielle J. Moss to Appear Pro Hac Vice on behalf of Defendant Peloton Interactive, Inc. (Pro Hac Vice Fee - $500.00 Previously Paid on 3/10/2022, Receipt No. ACACDC-32928989) filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Declaration of Danielle J. Moss In Support of Application for Pro Hac Vice Admission, #2 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Cooney, Megan) |
| Filing 16 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Application to Appear Pro Hac Vice (D. Moss) #14 by Judge Michael W. Fitzgerald. The document is stricken and counsel is ordered to file an amended or corrected document by 3/18/2022. (iv) |
| Filing 15 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Danielle J. Moss to Appear Pro Hac Vice on behalf of Defendant Peloton Interactive, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32928989) #14 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed Declaration required for unavailability of good standing certificates due to Covid or other delays. See Coronavirus (COVID-19) Guidance. (lt) |
| Filing 14 **STRICKEN** APPLICATION of Non-Resident Attorney Danielle J. Moss to Appear Pro Hac Vice on behalf of Defendant Peloton Interactive, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32928989) filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Cooney, Megan) Modified on 3/16/2022 (smom). |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Michael W. Fitzgerald. This matter is set for a scheduling conference on 4/25/2022 at 11:00 AM. (iv)
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| Filing 12 DECLARATION of Megan Cooney re Notice of Removal (Attorney Civil Case Opening),, #1 (Supplemental) filed by Defendant Peloton Interactive, Inc.. (Cooney, Megan) |
| Filing 11 NOTICE of Filing of Notice of Removal of Class Action with the Superior Court of California filed by Defendant Peloton Interactive, Inc.. (Cooney, Megan) |
| Filing 10 PROOF OF SERVICE filed by Defendant Peloton Interactive, Inc., re Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #8 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 served on March 4, 2022. (Cooney, Megan) |
| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Danielle J Moss. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Charles F. Eick. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1 through 50, inclusive, Peloton Interactive, Inc. Jury Demanded, filed by Plaintiff Mark Cohen. Filed in State Court on 1/3/2022 Submitted with Attachment 1 Exhibit B to Notice of Removal #1 (car) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Does 1 through 50, inclusive, Peloton Interactive, Inc. amending Complaint - (Discovery),, filed by Plaintiff Mark Cohen. Filed in State Court on 1/28/2022 Submitted with Attachment 1 Exhibit F to Notice of Removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Mark Cohen, upon Defendant Peloton Interactive, Inc. served on 2/1/2022, answer due 2/22/2022. Service of the Summons and Complaint were executed upon Koy Saechao, agent for csc in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. Filed in State Court on 2/7/2022 Submitted with Attachment 1 Exhibit I to Notice of Removal #1 (car) |
| NON-CONFORMED COPY OF ANSWER to Amended Complaint, filed by Defendant Peloton Interactive, Inc. Submitted with Attachment 1 Exhibit M to Notice of Removal #1 (car) |
| Filing 5 NOTICE of Pendency of Other Actions or Proceedings Pursuant to L.R. 83-1.4 filed by Defendant Peloton Interactive, Inc.. (Cooney, Megan) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Defendant Peloton Interactive, Inc., (Cooney, Megan) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Peloton Interactive, Inc. (Cooney, Megan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Peloton Interactive, Inc.. (Cooney, Megan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV00201 Receipt No: ACACDC-32880310 - Fee: $402, filed by Defendant Peloton Interactive, Inc.. (Attachments: #1 Declaration of Megan Cooney in Support of Defendant's Notice of Removal of Class Action, #2 Declaration of Christine Pinkston in Support of Defendant's Notice of Removal of Class Action, #3 Proof of Service) (Attorney Megan M Cooney added to party Peloton Interactive, Inc.(pty:dft))(Cooney, Megan) |
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