In Re Peloton Interactive, Inc. Securities Litigation
Plaintiff: Ashley Wilson
Defendant: Jill Woodworth, John Foley, Peloton Interactive, Inc., Hisao Kushi and Brad Olson
Petitioner: Drew H. Brown, Sr., Jennifer Phung, David C. Millhisler, George Vayner, Melkon Krikorian, Richard Neswick and Bijan Khamanian
Case Number: 1:2021cv02369
Filed: April 29, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: Carol Bagley Amon
Referring Judge: Peggy Kuo
Nature of Suit: Securities/Commodities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 16, 2022 Opinion or Order ORDER granting #77 Motion to Stay. The parties shall file a letter regarding the status of the settlement by January 16, 2023. Ordered by Judge Carol Bagley Amon on 12/16/2022. (JN)
December 15, 2022 Filing 77 Letter MOTION to Stay and vacate any pre-trial deadlines in light of settlement-in-principle [joint request] by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
September 7, 2022 Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/8/2022, before Judge Carol B. Amon. Court Reporter/Transcriber Andronikh Barna, Telephone number 718-613-2178. Email address: ambarna.crr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/28/2022. Redacted Transcript Deadline set for 10/8/2022. Release of Transcript Restriction set for 12/6/2022. (Barna, Andronikh)
June 24, 2022 Filing 75 Letter in Response to Plaintiff Richard Neswick's June 23, 2022 Letter by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (Clubok, Andrew)
June 23, 2022 Filing 74 Letter in Response to Defendants' June 22, 2022 Letter regarding supplemental authority (ECF No. 73) by Richard Neswick (Attachments: #1 Exhibit A - Liu v. Intercept Pharms., Inc.) (Wilson, James)
June 22, 2022 Filing 73 Letter regarding supplemental authority respectfully submitted by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (Attachments: #1 Exhibit 1 - Liu v. Intercept Pharms., Inc.) (Clubok, Andrew)
June 9, 2022 Minute Entry for oral argument re #51 held before Judge Carol Bagley Amon on June 8, 2022. Appearances: For plaintiffs: James M. Wilson, Megan Remmel, Dylan Weeks. For defendants: Andrew B. Clubok, Nicholas J. Siciliano, Whitney B. Weber, Steve Feldman. Decision on Defendants' motion to dismiss is reserved. (Court Reporter Andronikh Barna) (Edelman, Zachary)
June 8, 2022 Opinion or Order Filing 72 ORDER granting #71 Motion for Hearing: It is hereby Ordered as follows: Whitney Weber and Nicholas Siciliano, counsel for Defendants, are permitted to bring laptop computers to Judge Carol Bagley Amon's courtroom on June 8, 2022 in order to assist in presenting at the oral argument. Ordered by Judge Carol Bagley Amon on 6/8/2022. (Fernandez, Erica)
June 7, 2022 Filing 71 Letter MOTION for Hearing / Defendants' Request for Their Counsel to Bring Laptop Computers to the Courtroom by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Attachments: #1 Proposed Order) (Weber, Whitney)
June 7, 2022 Opinion or Order Filing 70 ORDER granting #69 Motion for Hearing: AND NOW THIS 7 day of June, the Court having considered Plaintiff's Request, and good cause appearing therefore, it is hereby ORDERED as follows: Megan M. Remmel and Dylan B. Weeks, counsel for Plaintiff, are permitted to bring laptop computers to Judge Carol Bagley Amon's courtroom on June 8, 2022 in order to assist in presenting at the oral argument. Ordered by Judge Carol Bagley Amon on 6/7/2022. (Fernandez, Erica)
June 7, 2022 Filing 69 Letter MOTION for Hearing Lead Plaintiff's Request for Permission for His Counsel to Bring Laptop Computers into Courtroom by Richard Neswick. (Attachments: #1 Proposed Order) (Remmel, Megan)
June 7, 2022 Filing 68 NOTICE of Appearance by Megan M. Remmel on behalf of Richard Neswick (aty to be noticed) (Remmel, Megan)
June 2, 2022 Filing 67 NOTICE of Appearance by Whitney Weber on behalf of John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (notification declined or already on case) (Weber, Whitney)
June 2, 2022 Filing 66 NOTICE of Appearance by Nicholas J. Siciliano on behalf of John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (notification declined or already on case) (Siciliano, Nicholas)
June 2, 2022 Opinion or Order Filing 65 ORDER granting #63 Motion for Leave to Appear Pro Hac Vice. Attorney Whitney Weber is permitted to appear pro hac vice on behalf of defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 6/2/2022. (O'Neil-Berven, Ryan)
June 2, 2022 Opinion or Order Filing 64 ORDER granting #62 Motion for Leave to Appear Pro Hac Vice. Attorney Nicholas J. Siciliano is permitted to appear pro hac vice on behalf of defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 6/2/2022. (O'Neil-Berven, Ryan)
June 1, 2022 Filing 63 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15619258. by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order for Admission Pro Hac Vice) (Weber, Whitney)
June 1, 2022 Filing 62 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15619111. by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice) (Siciliano, Nicholas)
May 24, 2022 Opinion or Order SCHEDULING ORDER: Due to an unforeseen conflict in the court's calendar, oral argument on Defendants' motion to dismiss is adjourned until 6/8/2022 at 10:00 AM. Ordered by Judge Carol Bagley Amon on 5/24/2022. (Edelman, Zachary)
May 18, 2022 Opinion or Order SCHEDULING ORDER: Due to an unforeseen conflict in the court's calendar, oral argument on Defendants' motion to dismiss is adjourned until 6/6/2022 at 03:00 PM. Ordered by Judge Carol Bagley Amon on 5/18/2022. (Edelman, Zachary)
April 26, 2022 Filing 61 CERTIFICATE OF SERVICE by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (Engel, Susan)
April 26, 2022 Filing 60 Letter respectfully submitted pursuant to Rule 3.D.(ii.) of the Individual Motion Practices and Rules of Judge Carol Bagley Amon by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (Clubok, Andrew)
April 26, 2022 Filing 59 REPLY in Support re #54 Notice(Other), / Defendants' Reply in Support of Request for Judicial Notice in Support of Defendants' Motion to Dismiss Amended Class Action Complaint filed by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
April 26, 2022 Filing 58 REPLY in Support re #51 MOTION to Dismiss the Amended Class Action Complaint filed by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
April 26, 2022 Filing 57 CERTIFICATE OF SERVICE by Richard Neswick re #55 Memorandum in Opposition, #56 Memorandum in Opposition (Wilson, James)
April 26, 2022 Filing 56 MEMORANDUM in Opposition re #54 Notice(Other), filed by Richard Neswick. (Wilson, James)
April 26, 2022 Filing 55 MEMORANDUM in Opposition re #51 MOTION to Dismiss the Amended Class Action Complaint filed by Richard Neswick. (Wilson, James)
April 26, 2022 Filing 54 NOTICE by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth re #51 MOTION to Dismiss the Amended Class Action Complaint / Request for Judicial Notice in Support of Defendants' Motion to Dismiss Amended Class Action Complaint (Clubok, Andrew)
April 26, 2022 Filing 53 AFFIDAVIT/DECLARATION in Support re #51 MOTION to Dismiss the Amended Class Action Complaint filed by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Attachments: #1 Exhibit 1 - Aug. 27, 2021 Form 10-K, #2 Exhibit 2 - Article, #3 Exhibit 3 - Article, #4 Exhibit 4 - Apr. 19, 2021 Form 8-K, #5 Exhibit 5 - Press Release, #6 Exhibit 6 - CPSC Press Release, #7 Exhibit 7 - Press Release, #8 Exhibit 8 - Sept. 11, 2020 Form 10-K, #9 Exhibit 9 - Nov. 6, 2020 Form 10-Q, #10 Exhibit 10 - Feb. 5, 2021 Form 10-Q, #11 Exhibit 11 - Aug. 27, 2019 Form S-1, #12 Exhibit 12 - JMP Securities Conference Tr., #13 Exhibit 13 - KeyBanc Conference Tr., #14 Exhibit 14 - Article, #15 Exhibit 15 - Article, #16 Exhibit 16 - Foley Forms 4, #17 Exhibit 17 - Kushi Forms 4, #18 Exhibit 18 - Woodworth Forms 4, #19 Exhibit 19 - Article, #20 Exhibit 20 - Article) (Clubok, Andrew)
April 26, 2022 Filing 52 MEMORANDUM in Support re #51 MOTION to Dismiss the Amended Class Action Complaint filed by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
April 26, 2022 Filing 51 MOTION to Dismiss the Amended Class Action Complaint by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
April 26, 2022 Opinion or Order SCHEDULING ORDER: Oral argument on Defendants' motion to dismiss will be held on 5/26/2022 at 03:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 4/26/2022. (Edelman, Zachary)
March 7, 2022 Filing 50 Letter respectfully submitted pursuant to Rule 3.D. of the Individual Motion Practices and Rules of Judge Carol Bagley Amon by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth (Clubok, Andrew)
February 23, 2022 Filing 49 NOTICE by Peloton Interactive, Inc. / Notice of Notarized Affidavits in Support of Pro Hac Vice Motions (Attachments: #1 Exhibit A - Affidavit of Michele D. Johnson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit B - Affidavit of William J. Trach in Support of Motion to Admit Counsel Pro Hac Vice, #3 Exhibit C - Affidavit of Steven N. Feldman in Support of Motion to Admit Counsel Pro Hac Vice) (Johnson, Michele)
February 7, 2022 Opinion or Order ORDER granting #48 Motion to Adjourn Conference. The initial conference by telephone is adjourned sine die. The parties are directed to file a joint proposed discovery plan within seven (7) days of a decision on the anticipated motion to dismiss if the motion is not fully granted. Ordered by Magistrate Judge Peggy Kuo on 2/7/2022. (O'Neil-Berven, Ryan)
February 4, 2022 Filing 48 Letter MOTION to Adjourn Conference scheduled for February 24, 2022, and the requirement that Parties file a proposed discovery plan by February 18, 2022 by John Foley, Hisao Kushi, Brad Olson, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
January 27, 2022 Opinion or Order SCHEDULING ORDER: An Initial Conference is scheduled by telephone for February 24, 2022 at 10:00 a.m. before Magistrate Judge Peggy Kuo. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) By February 18, 2022, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 1/27/2022. (O'Neil-Berven, Ryan)
January 26, 2022 Opinion or Order Filing 47 MEMORANDUM AND ORDER denying #40 Motion to Change Venue: Defendants Peloton Interactive, Inc. ("Peloton"), John Foley, and Jill Woodworth (collectively "Moving Defendants") move to transfer this case to the Southern District of New York pursuant to 28 U.S.C. 1404(a). For the following reasons, Moving Defendants' motion is DENIED. Ordered by Judge Carol Bagley Amon on 1/26/2022. (Fernandez, Erica)
January 24, 2022 Filing 46 Summons Issued as to Hisao Kushi, Brad Olson. (Attachments: #1 Olson Summons) (Fernandez, Erica)
January 21, 2022 Filing 45 AMENDED COMPLAINT against John Foley, Peloton Interactive, Inc., Jill Woodworth, Hisao Kushi, Brad Olson, filed by Richard Neswick. (Attachments: #1 Exhibit A - Timeline of Safety Events, #2 Proposed Summons, #3 Proposed Summons) (Wilson, James)
January 10, 2022 Filing 44 Letter respectfully submitted pursuant to Rule 3.D.(ii.) of the Individual Motion Practices and Rules of Judge Carol Bagley Amon by John Foley, Peloton Interactive, Inc., Jill Woodworth (Clubok, Andrew)
January 10, 2022 Filing 43 REPLY in Support re #40 MOTION to Change Venue / Defendants' Notice of Motion to Transfer Venue to the Southern District of New York Under 28 U.S.C. 1404(a) filed by John Foley, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
January 10, 2022 Filing 42 MEMORANDUM in Opposition re #40 MOTION to Change Venue / Defendants' Notice of Motion to Transfer Venue to the Southern District of New York Under 28 U.S.C. 1404(a) filed by Richard Neswick. (Wilson, James)
January 10, 2022 Filing 41 MEMORANDUM in Support re #40 MOTION to Change Venue / Defendants' Notice of Motion to Transfer Venue to the Southern District of New York Under 28 U.S.C. 1404(a) filed by John Foley, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
January 10, 2022 Filing 40 MOTION to Change Venue / Defendants' Notice of Motion to Transfer Venue to the Southern District of New York Under 28 U.S.C. 1404(a) by John Foley, Peloton Interactive, Inc., Jill Woodworth. (Clubok, Andrew)
December 21, 2021 Filing 39 Letter respectfully submitted pursuant to Rule 3.D. of the Individual Motion Practices and Rules of Judge Carol Bagley Amon by John Foley, Peloton Interactive, Inc., Jill Woodworth (Clubok, Andrew)
December 7, 2021 Minute Entry for status conference held before Judge Carol Bagley Amon on December 7, 2021. Appearances: For Lead Plaintiff: James Wilson. For Defendants: Andrew Clubok and Susan Engel. As stated on the record, if Defendants wish to file a motion to transfer, they must serve but not file that motion by December 21, 2021; Lead Plaintiff must file any response by January 4, 2022. Lead Plaintiff shall file the amended complaint by January 21, 2021; if Defendants elect to answer, they must file that answer by March 7, 2022. If, instead, Defendants elect to move to dismiss, they must serve but not file any motion by March 7, 2022; Lead Plaintiff's response to the motion must be served but not filed by April 6, 2022; and Defendants must file their reply, if any, by April 26, 2022. The parties should make sure to follow the Court's individual rule 3.D. regarding the filing of complete motions. (Court Reporter Linda Marino) (Edelman, Zachary)
December 7, 2021 Opinion or Order SCHEDULING ORDER: Due to unforeseen circumstances in the Court's calendar, the status conference scheduled for December 7 at 10:00 a.m. via telephone before Judge Carol Bagley Amon is adjourned until 10:30 a.m. on the same day. Ordered by Judge Carol Bagley Amon on December 7, 2021. (Edelman, Zachary)
December 1, 2021 Opinion or Order SCHEDULING ORDER: A status conference regarding the parties' stipulation and proposed order regarding schedule for lead plaintiff to file an amended complaint and defendants' response thereto #38 will be held via telephone on December 7 at 10:00a.m. before Judge Carol Bagley Amon. Counsel are directed to call the toll free number 888-398-2342, no later than 9:50 a.m. on December 7, 2021, and enter the access code 1840743, followed by the pound key. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 12/1/2021. (Edelman, Zachary)
November 30, 2021 Filing 38 Proposed Scheduling Order and Stipulation Regarding Schedule for Lead Plaintiff to File an Amended Complaint and Defendants' Response Thereto by Richard Neswick (Wilson, James)
November 18, 2021 Case Consolidated. Associated Cases: 1:21-cv-02369-CBA-PK, 1:21-cv-02925-CBA-PK (Fernandez, Erica)
November 16, 2021 Opinion or Order ORDER ADOPTING REPORT AND RECOMMENDATION re #37 : No party has objected to the report and recommendation, and the time for doing so has passed. When deciding whether to adopt a report and recommendation, a district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(l)(C). To accept those portions of the report and recommendation to which no timely objection has been made, "a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis v. N. Am. Globex Fund. L.P., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011) (quoting Wilds v. UPS, 262 F. Supp. 2d 163, 169 (S.D.N.Y. 2003)). I have reviewed the record, and finding no clear error, I adopt the report and recommendation. The Motion to Consolidate Cases, Appoint Counsel, and Appoint Lead Plaintiff #25 is granted. Plaintiff Richard Neswick is appointed Lead Plaintiff and Faruqi & Faruqi, LLP is appointed Lead Counsel. So Ordered by Carol Bagley Amon on November 16, 2021. (Edelman, Zachary).
October 26, 2021 Opinion or Order Filing 37 REPORT AND RECOMMENDATION: For the reasons in the attached, it is respectfully recommended that #25 the Motion to Consolidate Cases, Appoint Counsel, and Appoint Lead Plaintiff be granted and Plaintiff Richard Neswick be appointed Lead Plaintiff and Faruqi & Faruqi, LLP be appointed Lead Counsel.Any objection to this Report must be filed in writing with the Clerk of Court within fourteen (14) days of service. 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). Failure to timely file any such objection waives the right to appeal the District Court's Order. Caidor v. Onondaga Cty., 517 F.3d 601, 604. Ordered by Magistrate Judge Peggy Kuo on 10/26/2021. (Tran, Tammy)
July 19, 2021 Filing 36 REPLY in Support re #25 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Richard Neswick. (Wilson, James)
July 12, 2021 Filing 35 RESPONSE to Motion re #28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Selection of Lead Counsel, #25 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff, #24 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF MELKON KRIKORIAN FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL, #22 MOTION to Consolidate Cases 1:21-cv-02369 and 1:21-cv-02925 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Richard Neswick. (Attachments: #1 Proposed Order) (Wilson, James) (Attachment 1 replaced due to corruption on 7/20/2021) (Lee, Tiffeny).
July 9, 2021 Filing 34 NOTICE by George Vayner re #22 MOTION to Consolidate Cases 1:21-cv-02369 and 1:21-cv-02925 MOTION to Appoint Counsel and Appoint Lead Plaintiff NOTICE OF WITHDRAWAL OF MOTION OF GEORGE VAYNER (Kim, Phillip)
July 9, 2021 Filing 33 RESPONSE to Motion re #28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Selection of Lead Counsel, #25 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff, #24 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF MELKON KRIKORIAN FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL, #22 MOTION to Consolidate Cases 1:21-cv-02369 and 1:21-cv-02925 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Bijan Khamanian. (Passmore, Marion)
July 8, 2021 Filing 32 NOTICE by Melkon Krikorian re #24 MOTION to Consolidate Cases MOTION to Appoint Counsel NOTICE OF MOTION OF MELKON KRIKORIAN FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL Notice of Non-Opposition of Melkon Krikorian to Competing Motions for Consolidation, Appointment as Lead Plaintiff, and Approval of Lead Counsel (Lieberman, Jeremy)
July 2, 2021 Opinion or Order ORDER: The Court construes the Notice at #31 to be a Motion to Withdraw and grants the motion. The #18 Motion to Appoint Counsel and Motion to Consolidate Cases is withdrawn. Ordered by Magistrate Judge Peggy Kuo on 7/2/2021. (O'Neil-Berven, Ryan)
July 1, 2021 Filing 31 NOTICE by Drew H. Brown, Sr., David C. Millhisler, Jennifer Phung re #18 MOTION to Appoint Counsel MOTION to Consolidate Cases , and Motion to Appoint Co-Lead Plaintiffs Notice of Withdrawal of Motion (Hopkins, Shannon) Modified on 7/2/2021 to reflect this is a motion to withdraw (O'Neil-Berven, Ryan).
June 29, 2021 Opinion or Order ORDER REFERRING MOTIONS: The motions to consolidate, appoint lead plaintiff, and approve lead counsel [18, 22, 24, 25, 28] are respectfully referred to the Honorable Peggy Kuo, United States Magistrate Judge. Ordered by Judge Carol Bagley Amon on June 29, 2021. (Marks, Aaron)
June 28, 2021 Filing 30 AFFIDAVIT/DECLARATION in Support re #28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Selection of Lead Counsel filed by Bijan Khamanian. (Attachments: #1 Exhibit 1 Certification, #2 Exhibit 2 Loss Chart, #3 Exhibit 3 PSLRA Notice, #4 Exhibit 4 BES Firm Resume) (Passmore, Marion)
June 28, 2021 Filing 29 MEMORANDUM in Support re #28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Selection of Lead Counsel filed by Bijan Khamanian. (Passmore, Marion)
June 28, 2021 Filing 28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Selection of Lead Counsel by Bijan Khamanian. (Attachments: #1 Proposed Order) (Passmore, Marion)
June 28, 2021 Filing 27 AFFIDAVIT/DECLARATION in Support re #25 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Richard Neswick. (Attachments: #1 Exhibit A - First Notice of Pendency of a Class Action, #2 Exhibit B - Neswick's PSLRA Certification, #3 Exhibit C - Firm Resume of Faruqi & Faruqi, LLP, #4 Exhibit D - Women's Business Enterprise National Council Certificate) (Wilson, James)
June 28, 2021 Filing 26 MEMORANDUM in Support re #25 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Richard Neswick. (Wilson, James)
June 28, 2021 Filing 25 MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff by Richard Neswick. (Attachments: #1 Proposed Order) (Wilson, James)
June 28, 2021 Filing 24 MOTION to Consolidate Cases , MOTION to Appoint Counsel NOTICE OF MOTION OF MELKON KRIKORIAN FOR CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF LEAD COUNSEL by Melkon Krikorian. (Attachments: #1 Proposed Order, #2 Memorandum in Support, #3 Declaration, #4 Exhibit A - Assignments, #5 Exhibit B - Loss Chart, #6 Exhibit C - Press Release, #7 Exhibit D - Certification, #8 Exhibit E - Movant Declaration, #9 Exhibit F - Firm Resume) (Lieberman, Jeremy)
June 28, 2021 Filing 23 MEMORANDUM in Support re #22 MOTION to Consolidate Cases 1:21-cv-02369 and 1:21-cv-02925 MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by George Vayner. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume) (Kim, Phillip)
June 28, 2021 Filing 22 MOTION to Consolidate Cases 1:21-cv-02369 and 1:21-cv-02925, MOTION to Appoint Counsel and Appoint Lead Plaintiff by George Vayner. (Attachments: #1 Proposed Order) (Kim, Phillip)
June 28, 2021 Filing 21 Letter re: to advise the Court, and all other potential parties, of the filing of a Notice of Motion to Consolidate the Related Actions, for Appoitnment of Lead Plaintiff, and Approval of Lead Counsel, and supporting documents by George Vayner (Kim, Phillip)
June 28, 2021 Filing 20 AFFIDAVIT/DECLARATION in Support re #18 MOTION to Appoint Counsel MOTION to Consolidate Cases , and Motion to Appoint Co-Lead Plaintiffs filed by Drew H. Brown, Sr., David C. Millhisler, Jennifer Phung. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Hopkins, Shannon)
June 28, 2021 Filing 19 MEMORANDUM in Support re #18 MOTION to Appoint Counsel MOTION to Consolidate Cases , and Motion to Appoint Co-Lead Plaintiffs filed by Drew H. Brown, Sr., David C. Millhisler, Jennifer Phung. (Hopkins, Shannon)
June 28, 2021 Filing 18 MOTION to Appoint Counsel , MOTION to Consolidate Cases , and Motion to Appoint Co-Lead Plaintiffs by Drew H. Brown, Sr., Jennifer Phung, David C. Millhisler. (Attachments: #1 Proposed Order) (Hopkins, Shannon)
June 15, 2021 Opinion or Order ORDER: The Telephone Initial Conference previously scheduled for July 16, 2021 is adjourned sine die. Ordered by Magistrate Judge Peggy Kuo on 6/15/2021. (O'Neil-Berven, Ryan)
June 14, 2021 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File. Ordered by Judge Carol Bagley Amon on 6/14/2021. (Marks, Aaron)
June 11, 2021 Filing 16 Joint MOTION for Extension of Time to File Stipulation and [Proposed] Order Regarding Acceptance of Service, Time to Respond to Complaint, and Adjournment of Initial Conference by Ashley Wilson. (Kim, Phillip)
May 17, 2021 Filing 15 NOTICE of Appearance by Steve Feldman on behalf of Peloton Interactive, Inc. (notification declined or already on case) (Feldman, Steve)
May 17, 2021 Filing 14 NOTICE of Appearance by William Trach on behalf of Peloton Interactive, Inc. (notification declined or already on case) (Trach, William)
May 17, 2021 Filing 13 NOTICE of Appearance by Michele D Johnson on behalf of Peloton Interactive, Inc. (notification declined or already on case) (Johnson, Michele)
May 17, 2021 Opinion or Order ORDER granting in part #11 Motion to Appear Pro Hac Vice. Attorney William Trach is granted provisional permission to appear pro hac vice on behalf of Peloton Interactive, Inc. The Affidavit must be notarized in order to comply with Local Rule 1.3; however, in light of the current national health emergency which may make it difficult for counsel to obtain notarization, counsel is permitted to appear, on condition that as soon as possible after the emergency is lifted, counsel must file a properly notarized Affidavit. Counsel is directed to use the event titled "Notice Other" on ECF to file the revised affidavit.The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notifications of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 5/17/2021. (O'Neil-Berven, Ryan)
May 17, 2021 Opinion or Order ORDER granting in part #10 Motion to Appear Pro Hac Vice. Attorney Michele D. Johnson is granted provisional permission to appear pro hac vice on behalf of Peloton Interactive, Inc. The Affidavit must be notarized in order to comply with Local Rule 1.3; however, in light of the current national health emergency which may make it difficult for counsel to obtain notarization, counsel is permitted to appear, on condition that as soon as possible after the emergency is lifted, counsel must file a properly notarized Affidavit. Counsel is directed to use the event titled "Notice Other" on ECF to file the revised affidavit.The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notifications of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 5/17/2021. (O'Neil-Berven, Ryan)
May 17, 2021 Opinion or Order ORDER granting in part #12 Motion to Appear Pro Hac Vice. Attorney Steven Feldman is granted provisional permission to appear pro hac vice on behalf of Peloton Interactive, Inc. The Affidavit must be notarized in order to comply with Local Rule 1.3; however, in light of the current national health emergency which may make it difficult for counsel to obtain notarization, counsel is permitted to appear, on condition that as soon as possible after the emergency is lifted, counsel must file a properly notarized Affidavit. Counsel is directed to use the event titled "Notice Other" on ECF to file the revised affidavit.The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that they receive electronic notifications of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Peggy Kuo on 5/17/2021. (O'Neil-Berven, Ryan)
May 13, 2021 Filing 12 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14466910. by Peloton Interactive, Inc.. (Attachments: #1 Declaration of Steven N. Feldman in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order) (Feldman, Steve)
May 12, 2021 Filing 11 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14463973. by Peloton Interactive, Inc.. (Attachments: #1 Declaration of William J. Trach in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Trach, William)
May 12, 2021 Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14463899. by Peloton Interactive, Inc.. (Attachments: #1 Declaration of Michele D. Johnson in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order) (Johnson, Michele)
May 12, 2021 Filing 9 NOTICE of Appearance by Susan Engel on behalf of Peloton Interactive, Inc. (aty to be noticed) (Engel, Susan)
May 6, 2021 Filing 8 AMENDED COMPLAINT against John Foley, Peloton Interactive, Inc., Jill Woodworth, filed by Ashley Wilson. (Kim, Phillip)
April 30, 2021 Opinion or Order Filing 7 SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on July 16, 2021 at 11:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By July 9, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 4/30/2021. (O'Neil-Berven, Ryan)
April 29, 2021 Filing 6 Corporate Disclosure Statement by Peloton Interactive, Inc. (Clubok, Andrew)
April 29, 2021 Filing 5 NOTICE of Appearance by Andrew Brian Clubok on behalf of Peloton Interactive, Inc. (aty to be noticed) (Clubok, Andrew)
April 29, 2021 Filing 4 Summons Issued as to John Foley, Peloton Interactive, Inc., Jill Woodworth. (Attachments: #1 Summons, #2 Summons) (Davis, Kimberly)
April 29, 2021 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
April 29, 2021 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
April 29, 2021 Filing 1 COMPLAINT against John Foley, Peloton Interactive, Inc., Jill Woodworth filing fee $ 402, receipt number ANYEDC-14422577 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Ashley Wilson. (Attachments: #1 PSLRA Certification, #2 Civil Cover Sheet, #3 Proposed Summons to Peloton Interactive, Inc., #4 Proposed Summons to Foley, #5 Proposed Summons to Woodworth) (Kim, Phillip)
April 29, 2021 Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly)

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Search for this case: In Re Peloton Interactive, Inc. Securities Litigation
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Defendant: Jill Woodworth
Represented By: Andrew Brian Clubok
Represented By: Nicholas J. Siciliano
Represented By: Whitney Weber
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Defendant: John Foley
Represented By: Andrew Brian Clubok
Represented By: Nicholas J. Siciliano
Represented By: Whitney Weber
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Defendant: Peloton Interactive, Inc.
Represented By: Andrew Brian Clubok
Represented By: Susan Engel
Represented By: Michele D Johnson
Represented By: Steve Feldman
Represented By: William Trach
Represented By: Nicholas J. Siciliano
Represented By: Whitney Weber
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Defendant: Hisao Kushi
Represented By: Andrew Brian Clubok
Represented By: Nicholas J. Siciliano
Represented By: Whitney Weber
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Defendant: Brad Olson
Represented By: Andrew Brian Clubok
Represented By: Nicholas J. Siciliano
Represented By: Whitney Weber
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Plaintiff: Ashley Wilson
Represented By: Phillip Kim
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Petitioner: Drew H. Brown, Sr.
Represented By: Shannon Lee Hopkins
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Petitioner: Jennifer Phung
Represented By: Shannon Lee Hopkins
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Petitioner: David C. Millhisler
Represented By: Shannon Lee Hopkins
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Petitioner: George Vayner
Represented By: Phillip Kim
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Petitioner: Melkon Krikorian
Represented By: Jeremy Alan Lieberman
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Petitioner: Richard Neswick
Represented By: James Milligan Wilson, Jr
Represented By: Megan M. Remmel
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Petitioner: Bijan Khamanian
Represented By: Marion Passmore
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