Fishon et al v. Peloton Interactive, Inc.
Plaintiff: Alicia Pearlman, Patrick Yang, Eric Fishon, Travis Frost, Skylar Werde, Alana Sage, Maryana Feigen, Eric Passman and Ishmael Alvarado
Defendant: Peloton Interactive, Inc.
Case Number: 1:2019cv11711
Filed: December 20, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lewis J Liman
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 2, 2023 Opinion or Order Filing 284 OPINION AND ORDER re: #225 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 10/17/2022. filed by Eric Passman, Ishmael Alvarado, #239 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from William O. Reckler dated November 14, 2022. filed by Peloton Interactive, Inc., #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts. filed by Peloton Interactive, Inc., #226 MOTION to Certify Class . filed by Eric Passman, Ishmael Alvarado, #262 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 11/30/2022. filed by Eric Passman, Ishmael Alvarado. Defendant's motion to strike is DENIED and Named Plaintiffs' motion for class certification is DENIED. Because the Court finds that the parties' letter motions to seal are consistent with the Court's prior sealing orders, see Dkt. Nos. 169, 193, 222, the motions to seal are GRANTED. The Clerk of Court is respectfully directed to close Dkt. Nos. 225, 226, 239, 240, 262. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/2/23) (yv)
April 25, 2023 Opinion or Order Filing 283 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/12/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
April 25, 2023 Opinion or Order Filing 282 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/12/2023 before Judge Lewis J. Liman. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. 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. Redaction Request due 5/16/2023. Redacted Transcript Deadline set for 5/26/2023. Release of Transcript Restriction set for 7/24/2023..(McGuirk, Kelly)
April 12, 2023 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Oral Argument held on 4/12/2023 re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts filed by Peloton Interactive, Inc., and #226 MOTION to Certify Class filed by Eric Passman, Ishmael Alvarado. Benjamin Whiting, Adam Levitt, Chuck Dender, Adam Prom, and Aaron Zigler present for Plaintiffs. William Reckler, Steven Feldman, Megan Behrman, Cameron Sinsheimer, and David Fischer present for Defendant. Court reporter present. The Court heard oral argument from both parties on the motion for class certification and Daubert motions. Argument taken under advisement, decision reserved by the Court. (mf)
February 17, 2023 Opinion or Order Oral Argument set for 4/12/2023 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (st)
February 17, 2023 Opinion or Order ORDER: As clarification, the oral argument previously set for February 28, 2023 is canceled and the hearing is rescheduled to April 12, 2023 at 11:00 AM in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
January 3, 2023 Opinion or Order Filing 281 ORDER: The Court will hear oral argument from the parties regarding Plaintiffs' pending motion for class certification and Defendant's pending motion to exclude the reports and testimony of Plaintiffs' experts on February 28, 2023 at 2:00 P.M. The hearing will be held in-person in Courtroom 15C, 500 Pearl Street, New York, NY 10007. SO ORDERED., ( Oral Argument set for 2/28/2023 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 1/03/2023) (ama)
December 28, 2022 Opinion or Order Filing 280 NOTICE OF CHANGE OF ADDRESS by Farzin Franklin Amanat on behalf of Ishmael Alvarado, Eric Passman. New Address: DiCello Levitt LLC, 485 Lexington Ave., Suite 1001, New York, NY, USA 10017, (646) 933-1000..(Amanat, Farzin)
December 27, 2022 Opinion or Order Filing 279 DECLARATION of Alex J. Dravillas in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1 - Eric Passman Deposition Excerpts).(Dravillas, Alex)
December 27, 2022 Opinion or Order Filing 278 DECLARATION of Benjamin J. Whiting in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1 - Eric Passman Declaration dated 10/29/2021, #2 Exhibit 2 - Eric Passman Declaration dated 3/25/2022, #3 Exhibit 3 - Eric Passman Declaration dated 10/17/2022, #4 Exhibit 4 - Eric Passman Declaration dated 11/15/2022).(Whiting, Benjamin)
December 27, 2022 Opinion or Order Filing 277 RESPONSE in Support of Motion re: #226 MOTION to Certify Class . . Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
December 22, 2022 Opinion or Order Filing 276 REPLY MEMORANDUM OF LAW in Support re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts. . Document filed by Peloton Interactive, Inc...(Reckler, William)
December 16, 2022 Opinion or Order Filing 275 DECLARATION of Megan A. Behrman in Support of Peloton Interactive, Inc.'s Supplemental Brief in Opposition to Plaintiffs' Motion for Class Certification // in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 70 - Passman Tr II, #2 Exhibit 71 - Email, #3 Exhibit 72 - Email, #4 Exhibit 73 - Email, #5 Exhibit 74 - Email, #6 Exhibit 75 - Email, #7 Exhibit 76 - Passman Video).(Reckler, William)
December 16, 2022 Opinion or Order Filing 274 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #226 MOTION to Certify Class . --Peloton Interactive, Inc.'s Supplemental Brief in Opposition to Plaintiffs' Motion for Class Certification. Document filed by Peloton Interactive, Inc...(Reckler, William)
November 30, 2022 Opinion or Order Filing 273 REPLY AFFIDAVIT of Colin B. Weir in Opposition re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts.. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 272 ***SELECTED PARTIES***REPLY AFFIDAVIT of Colin B. Weir in Opposition re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts.. Document filed by Ishmael Alvarado, Eric Passman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #262 .(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 271 REPLY AFFIDAVIT of Dr. J. Michael Dennis in Opposition re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts.. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 270 AFFIDAVIT of Alex J. Dravillas in Opposition re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts.. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 269 ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Opposition re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts.. Document filed by Ishmael Alvarado, Eric Passman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #262 .(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 268 RESPONSE in Opposition to Motion re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts. . Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 267 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts. . Document filed by Ishmael Alvarado, Eric Passman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #262 .(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 266 REPLY AFFIDAVIT of Benjamin J. Whiting in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 265 REPLY AFFIDAVIT of Charles F. Dender in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 264 AFFIDAVIT of Alex J. Dravillas in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1 - Passman Transcript, #2 Exhibit 2 - Declaration of I. Alvarado, #3 Exhibit 3 - Dennis Transcript, #4 Exhibit 4 - Alvarado Transcript).(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 263 REPLY MEMORANDUM OF LAW in Support re: #226 MOTION to Certify Class . . Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 30, 2022 Opinion or Order Filing 262 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 11/30/2022. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
November 29, 2022 Opinion or Order Filing 261 STIPULATION TO EXTEND TIME: NOW THEREFORE, the parties through their respective counsel and subject to the Court's approval hereby stipulate that: 1. The deadline for the completion of Plaintiff Eric Passman's deposition is hereby extended to December 5, 2022. 2. Defendant will be allowed a supplemental brief in opposition to Plaintiffs' motion for class certification of no more than 5 pages that addresses Mr. Passman's adequacy as a class representative and any other matters implicated by his deposition testimony (or failure to appear for a deposition), to be filed no later than December 16, 2022. 3. Plaintiffs will be allowed a supplemental brief of no more than 5 pages responding to Defendant's supplemental brief, to be filed no later than December 27, 2022. 4. Nothing herein shall prejudice any arguments that the Parties may make with respect to Mr. Passman's adequacy or inadequacy to serve as a class representative. 5. All other deadlines shall be unaffected. IT IS SO STIPULATED. Motions terminated: #217 JOINT LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Benjamin J. Whiting and Steven N. Feldman dated 9/24/2022. filed by Eric Passman, Ishmael Alvarado. ( Deposition due by 12/5/2022., Responses due by 12/16/2022, Replies due by 12/27/2022.) (Signed by Judge Lewis J. Liman on 11/29/2022) (tg)
November 28, 2022 Opinion or Order Filing 260 JOINT LETTER addressed to Judge Lewis J. Liman from Benjamin J. Whiting and Steven N. Feldman dated 11/28/2022 re: Requesting Entry of Stipulation to Extend Time. Document filed by Eric Passman. (Attachments: #1 Exhibit Stipulation to Extend Time).(Whiting, Benjamin)
November 14, 2022 Opinion or Order Filing 259 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 7) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 60 - Fitzhenry Report, #2 Exhibit 61 - De Lacour Report, #3 Exhibit 62 - Bowling Report, #4 Exhibit 63 - Gregorio Tr, #5 Exhibit 64 - Cabrera Report, #6 Exhibit 65 - Vizcarra Report, #7 Exhibit 66 - Hall Report, #8 Exhibit 67 - Willis Report, #9 Exhibit 68 - Fisher-Price Report, #10 Exhibit 69 - Dzielak Tr).(Reckler, William)
November 14, 2022 Opinion or Order Filing 258 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 6) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 49 - Checkout Page, #2 Exhibit 50 - Dennis Tr, #3 Exhibit 51 - Weir Tr, #4 Exhibit 52 - Email, #5 Exhibit 53 - Email, #6 Exhibit 54 - Email, #7 Exhibit 55 - McMorrow Report, #8 Exhibit 56 - Buckeye Report, #9 Exhibit 57 - Maeda Report, #10 Exhibit 58 - Sharpe Report, #11 Exhibit 59 - Broomfield Report)Motion or Order to File Under Seal: #239 .(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 257 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 5) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 38 - Alvarado Declaration, #2 Exhibit 39 - Gaffney Affirmation, #3 Exhibit 40 - Esswein Affirmation, #4 Exhibit 41 - Motion in Limine, #5 Exhibit 42 - Alvarado Assessment, #6 Exhibit 43 - Passman Response, #7 Exhibit 44 - On-Demand Classes, #8 Exhibit 45 - Fishon Tr, #9 Exhibit 46 - Fishon Response, #10 Exhibit 47 - Magno Tr, #11 Exhibit 48 - Sullivan Tr)Motion or Order to File Under Seal: #239 .(Reckler, William)
November 14, 2022 Opinion or Order Filing 256 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 4) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 28 - Compensation Page, #2 Exhibit 29 - Alvarado Tr II, #3 Exhibit 30 - Complaint, #4 Exhibit 31 - Alvarado Response, #5 Exhibit 32 - Settlement Letter, #6 Exhibit 33 - Order of Discontinuance, #7 Errata 34 - Alvarado Response, #8 Exhibit 35 - Alvarado Response, #9 Exhibit 36 - Alvarado Supp. Response, #10 Exhibit 37 - Venmo Receipt)Motion or Order to File Under Seal: #239 .(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 255 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 3) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 18 - Stanton Tr, #2 Exhibit 19 - Schneider Tr, #3 Exhibit 20 - McMahon Tr, #4 Exhibit 21 - Passman Tr, #5 Exhibit 22 - NMPA Letter, #6 Exhibit 23 - Terms of Service, #7 Exhibit 24 - Email, #8 Exhibit 25 - Olson Tr, #9 Exhibit 26 - Member Survey, #10 Exhibit 27 - Library Chart)Motion or Order to File Under Seal: #239 .(Reckler, William)
November 14, 2022 Opinion or Order Filing 254 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 5) [Redacted] in Support re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 38 - Alvarado Declaration, #2 Exhibit 39 - Gaffney Affirmation, #3 Exhibit 40 - Esswein Affirmation, #4 Exhibit 41 - Motion in Limine, #5 Exhibit 42 - Alvarado Assessment, #6 Exhibit 43 - Passman Response, #7 Exhibit 44 - On-Demand Classes, #8 Exhibit 45 - Fishon Tr, #9 Exhibit 46 - Fishon Response, #10 Exhibit 47 - Magno Tr, #11 Exhibit 48 - Sullivan Tr, #12 Exhibit 49 - Checkout Page, #13 Exhibit 50 - Dennis Tr, #14 Exhibit 51 - Weir Tr, #15 Exhibit 52 - Email, #16 Exhibit 53 - Email, #17 Exhibit 54 - Email, #18 Exhibit 55 - McMorrow Report, #19 Exhibit 56 - Buckeye Report, #20 Exhibit 57 - Maeda Report, #21 Exhibit 58 - Sharpe Report, #22 Exhibit 59 - Broomfield Report, #23 Exhibit 60 - Fitzhenry Report, #24 Exhibit 61 - De Lacour Report, #25 Exhibit 62 - Bowling Report, #26 Exhibit 63 - Gregorio Tr, #27 Exhibit 64 - Cabrera Report, #28 Exhibit 65 - Vizcarra Report, #29 Exhibit 66 - Hall Report, #30 Exhibit 67 - Willis Report, #31 Exhibit 68 - Fisher-Price Report, #32 Exhibit 69 - Dzielak Tr).(Feldman, Steven)
November 14, 2022 Opinion or Order Filing 253 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 2) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 11 - Email, #2 Exhibit 12 - Email, #3 Exhibit 13 - Challenged Statements, #4 Exhibit 14 - Sample Ads, #5 Exhibit 14a - Sample Ads, #6 Exhibit 14b - Sample Ads, #7 Exhibit 14c - Sample Ads, #8 Exhibit 15 - Aronow Declaration, #9 Exhibit 16 - Media Spend, #10 Exhibit 17 - Tisch-Blodgett Tr)Motion or Order to File Under Seal: #239 .(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 252 MEMORANDUM OF LAW in Support re: #240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts. . Document filed by Peloton Interactive, Inc...(Reckler, William)
November 14, 2022 Opinion or Order Filing 251 MEMORANDUM OF LAW in Opposition re: #226 MOTION to Certify Class . . Document filed by Peloton Interactive, Inc...(Reckler, William)
November 14, 2022 Opinion or Order Filing 250 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 1) / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1 - Hearing Tr, #2 Exhibit 2 - 2022 Form 10-K, #3 Exhibit 3 - App Webpage, #4 Exhibit 4 - Alvarado Tr I, #5 Exhibit 5 -2019 Form S-1, #6 Exhibit 6 - Offer Webpage, #7 Exhibit 7 - Fishon Membership, #8 Exhibit 8 - Alvarado Membership, #9 Exhibit 9 - Sales Spreadsheet, #10 Exhibit 10 - Dillon-Curran Tr)Motion or Order to File Under Seal: #239 .(Reckler, William)
November 14, 2022 Opinion or Order Filing 249 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 4) [Redacted] / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 28 - Compensation Page, #2 Exhibit 29 - Alvarado Tr II, #3 Exhibit 30 - Complaint, #4 Exhibit 31 - Alvarado Response, #5 Exhibit 32 - Settlement Letter, #6 Exhibit 33 - Order of Discontinuance, #7 Exhibit 34 - Alvarado Response, #8 Exhibit 35 - Alvarado Response, #9 Exhibit 36 - Alvarado Supp. Response, #10 Exhibit 37 - Venmo Receipt).(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 248 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 3) [Redacted] / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 18 - Stanton Tr, #2 Exhibit 19 - Schneider Tr, #3 Exhibit 20 - McMahon Tr, #4 Exhibit 21 - Passman Tr, #5 Exhibit 22 - NMPA Letter, #6 Exhibit 23 - Terms of Service, #7 Exhibit 24 - Email, #8 Exhibit 25 - Olson Tr, #9 Exhibit 26 - Member Survey, #10 Exhibit 27 - Library Chart).(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 247 ***SELECTED PARTIES***DECLARATION of Rebecca Kirk Fair in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit - Supporting Materials)Motion or Order to File Under Seal: #239 .(Reckler, William)
November 14, 2022 Opinion or Order Filing 246 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 2) [Redacted] / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 11 - Email, #2 Exhibit 12 - Email, #3 Exhibit 13 - Challenged Statements, #4 Exhibit 14 - Sample Ads, #5 Exhibit 14a - Sample Ads, #6 Exhibit 14b - Sample Ads, #7 Exhibit 14c - Sample Ads, #8 Exhibit 15 - Aronow Declaration, #9 Exhibit 16 - Media Spend, #10 Exhibit 17 - Tisch-Blodgett Tr).(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 245 DECLARATION of Rebecca Kirk Fair in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit - Supporting Materials).(Reckler, William)
November 14, 2022 Opinion or Order Filing 244 ***SELECTED PARTIES***DECLARATION of Bruce A. Strombom, Ph.D. in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Ishmael Alvarado, Eric Passman. Motion or Order to File Under Seal: #239 .(Reckler, William)
November 14, 2022 Opinion or Order Filing 243 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Reports and Testimony of Plaintiffs' Experts (Volume 1) [Redacted] / in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Hearing Tr, #2 Exhibit 2 - 2022 Form 10-K, #3 Exhibit 3 - App Webpage, #4 Exhibit 4 - Alvarado Tr I, #5 Exhibit 5 - 2019 Form S-1, #6 Exhibit 6 - Offer Webpage, #7 Exhibit 7 - Fishon Membership, #8 Exhibit 8 - Alvarado Membership, #9 Exhibit 9 - Sales Spreadsheet, #10 Exhibit 10 - Dillon-Curran Tr).(Behrman, Megan)
November 14, 2022 Opinion or Order Filing 242 DECLARATION of Bruce A. Strombom, Ph.D. in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc...(Reckler, William)
November 14, 2022 Opinion or Order Filing 241 DECLARATION of Joel H. Steckel, Ph.D. in Opposition re: #226 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc...(Reckler, William)
November 14, 2022 Opinion or Order Filing 240 MOTION to Strike Document No. [227, 228, 229] / Peloton Interactive, Inc.'s Motion to Exclude the Reports and Testimony of Plaintiffs' Experts. Document filed by Peloton Interactive, Inc...(Reckler, William)
November 14, 2022 Opinion or Order Filing 239 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from William O. Reckler dated November 14, 2022. Document filed by Peloton Interactive, Inc...(Reckler, William)
November 14, 2022 Opinion or Order Filing 238 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/27/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
November 14, 2022 Opinion or Order Filing 237 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/27/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. 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. Redaction Request due 12/5/2022. Redacted Transcript Deadline set for 12/15/2022. Release of Transcript Restriction set for 2/12/2023..(McGuirk, Kelly)
October 31, 2022 Opinion or Order ORDER: The Court held a telephone conference in this matter on October 27, 2022 to address the parties discovery dispute. The Court ruled on each item as outlined in the joint letter filed at Dkt. No. 236. By November 1, 2022, Plaintiffs is to complete its production of documents as discussed on the record. It is further ordered that Mr. Passman's document production be completed by November 4, and by the same date, any updates to interrogatories and requests for admission are to be made. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
October 27, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 10/27/2022. Benjamin Whiting, Alex Dravillas, Chuck Dender, Adam Prom, and Aaron Zigler present by telephone for Plaintiffs. William Reckler and Megan Behrman present by telephone for Defendant. Court reporter present by telephone. Parties directed to order a copy of the transcript of the conference. (mf)
October 25, 2022 Opinion or Order Filing 236 JOINT LETTER addressed to Judge Lewis J. Liman from William O. Reckler dated October 25, 2022 re: discovery positions. Document filed by Peloton Interactive, Inc...(Reckler, William)
October 20, 2022 Opinion or Order Filing 235 ORDER terminating #224 Letter Motion to Compel. Taking the motion to compel at Dkt. No. 224 as a motion to clarify the Court's Order of September 29, 2022, the Court clarifies that it intended to direct Plaintiff Alvarado to answer all written discovery requests, including interrogatories and requests for admission, without any date limitation (including but not limited to written discovery directed to Mr. Alvarado's criminal history). The parties appear to dispute whether Plaintiffs are in compliance with their remaining discovery obligations. The Court will hold a telephonic status conference on October 27, 2022 at 10:00 a.m. The parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. In advance of that conference, the parties are directed to meet and confer to resolve any remaining discovery issues. By no later than 48 hours in advance of that conference (i.e., October 25, 2022 at 10:00 a.m.), the parties are directed to submit a joint letter identifying any discovery issues they have been unable to resolve. Each dispute should be identified with a short title followed by a brief description of no more than two sentences from each party of the nature of the dispute and the position of that party. The Court will entertain a request to cancel the conference if the parties are able to reach agreement on all remaining discovery issues. The Clerk of Court is respectfully directed to close Dkt. No. 224. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/20/2022) (va)
October 20, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 10/27/2022 at 10:00 AM before Judge Lewis J. Liman. (va)
October 19, 2022 Opinion or Order Filing 234 LETTER addressed to Judge Lewis J. Liman from Adam J. Levitt dated 10/19/2022 re: Plaintiffs' Opposition to Peloton's Motion to Compel, Dkt. 224. Document filed by Ishmael Alvarado, Eric Passman..(Levitt, Adam)
October 17, 2022 Opinion or Order Filing 233 DECLARATION of Alex J. Dravillas in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 Part 1, #7 Exhibit 6 Part 2, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43).(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 232 ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 Part 1, #7 Exhibit 6 Part 2, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43)Motion or Order to File Under Seal: #225 .(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 231 MEMORANDUM OF LAW in Support re: #226 MOTION to Certify Class . . Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 230 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #226 MOTION to Certify Class . . Document filed by Ishmael Alvarado, Eric Passman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #225 .(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 229 DECLARATION of Colin B. Weir in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 228 ***SELECTED PARTIES***DECLARATION of Colin B. Weir in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #225 .(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 227 DECLARATION of Dr. J. Michael Dennis in Support re: #226 MOTION to Certify Class .. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 226 MOTION to Certify Class . Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 225 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 10/17/2022. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
October 17, 2022 Opinion or Order Filing 224 LETTER MOTION to Compel Plaintiffs Ishmael Alvarado and Eric Passman to complete discovery addressed to Judge Lewis J. Liman from William O. Reckler dated October 17, 2022. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - September 22, 2022 Alvarado Responses to ROGs, #2 Exhibit 2 - September 22, 2022 Alvarado Responses to RFPs, #3 Exhibit 3 - September 26, 2022 Alvarado Responses and Objections to RFAs, #4 Exhibit 4 - September 26, 2022 Alvarado Responses to ROGs, #5 Exhibit 5 - October 5, 2022 Letter Regarding I. Alvarado Discovery, #6 Exhibit 6 - October 10, 2022 Email from A. Dravillas to A. Kellert Godfrey, #7 Exhibit 7 - October 12, 2022 Email from M. Behrman to A. Aron, #8 Exhibit 8 - October 14, 2022 Email from A. Dravillas to A. Kellert Godfrey, #9 Exhibit 9 - October 15, 2022 Email from M. Behrman to A. Dravillas).(Reckler, William)
October 12, 2022 Opinion or Order Filing 223 SUPPLEMENTAL PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. All persons subject to this Supplemental Protective Order acknowledge that willful violation of this Supplemental Protective Order could subject them to punishment for contempt of Court. This Court shall retain jurisdiction over all persons subject to thisSupplemental Protective Order to the extent necessary to enforce any obligations arising hereunder or to impose sanctions for any contempt thereof. And as set forth herein. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/12/2022) (ama)
October 12, 2022 Opinion or Order Filing 222 MEMORANDUM & ORDER: denying #221 Letter Motion to Seal. Accordingly, Plaintiffs' motion to redact references to Mr. Alvarado's criminal history, convictions, and criminal proceedings on pages 1-3 of Peloton's Letter Response to Plaintiffs' First Motion and to place Exhibit 3 and Exhibit 4 to Peloton's Letter Response under seal is denied. The Court's September 29, 2022 Memorandum & Order only required that Plaintiffs disclose the relevant information subject to a protective order. Dkt. No. 220 at 3. Plaintiffs move to enter the proposed supplemental protective order. See Dkt. No. 221 at 3, Ex. A. Plaintiffs' motion is granted, and the Court will enter the supplemental protective order.The Clerk of Court is respectfully directed to close Dkt. No. 221. And as set forth herein. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/12/2022) (ama)
October 4, 2022 Opinion or Order Filing 221 LETTER MOTION to Seal and for protective order addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 10/04/2022. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit A - Proposed Supplemental Protective Order).(Whiting, Benjamin)
September 29, 2022 Opinion or Order Filing 220 MEMORANDUM & ORDER granting in part and denying in part #216 Letter Motion for Discovery. Plaintiffs move, pursuant to Federal Rule of Civil Procedure 26(c), for a protective order limiting the inquiry of Defendant Peloton Interactive, Inc. ("Peloton"), by way of written discovery or deposition testimony, into any crimes committed by Plaintiff Ishmael Alvarado for which more than ten years have passed since his conviction or release from confinement. Dkt. No. 216. Plaintiffs have agreed to provide the criminal history pursuant to a protective order. Id. Plaintiffs object also to any inquiry into Mr. Alvarado's financial history that is unbounded by time. Id. The motion is granted in part and denied in part. (As further set forth herein.) Accordingly, to the extent Plaintiffs seek a protective order in connection with the requests or interrogatories going to Mr. Alvarado's financial history, the motion is denied. The Clerk of Court is respectfully directed to close Dkt. No. 216. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/29/2022) (va)
September 26, 2022 Opinion or Order Filing 219 NOTICE OF APPEARANCE by Charles Francis Dender on behalf of Ishmael Alvarado..(Dender, Charles)
September 25, 2022 Opinion or Order Filing 218 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from William O. Reckler dated September 25, 2022 re: #216 LETTER MOTION for Discovery Order Pursuant to FRCP 26(c) for Ishmael Alvarado addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 09/23/2022. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Alvarado Unverified Interrogatory Responses, #2 Exhibit 2 - Alvarado Responses and Objections to Peloton's Requests for Production, #3 Exhibit 3 - Affirmation in People v. Alvarado, #4 Exhibit 4 - 2018 Psychosexual Assessment of Alvarado).(Reckler, William)
September 24, 2022 Opinion or Order Filing 217 JOINT LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Benjamin J. Whiting and Steven N. Feldman dated 9/24/2022. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Text of Proposed Order Stipulation to Extend Time).(Whiting, Benjamin)
September 23, 2022 Opinion or Order Filing 216 LETTER MOTION for Discovery Order Pursuant to FRCP 26(c) for Ishmael Alvarado addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 09/23/2022. Document filed by Ishmael Alvarado. (Attachments: #1 Exhibit 1).(Whiting, Benjamin)
September 15, 2022 Opinion or Order Filing 215 ANSWER to #195 Amended Complaint, with JURY DEMAND. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
August 29, 2022 Opinion or Order Filing 214 ORDER granting #213 Motion for Alex J. Dravillas to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (LCkl) Transmission to Attorney Services/Help Desk.
August 26, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #213 MOTION for Alex J. Dravillas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26596849. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
August 25, 2022 Opinion or Order Filing 213 MOTION for Alex J. Dravillas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26596849. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Affidavit of Alex J. Dravillas, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Dravillas, Alex)
August 22, 2022 Opinion or Order Filing 212 ORDER: Such discovery shall be completed by October 3, 2022. No other discovery related to the class certification motion is permitted. Under the Court's Case Management orders, discovery in this case was bifurcated, and Plaintiffs have confirmed-and Defendant does not contest- that the deadline for discovery related to class certification has passed. Dkt. Nos. 68; 94; 205 at 4-5. Although the Court stated at the May 9, 2022 hearing that it might say things in denying the motion to dismiss "that would usefully inform discovery on both sides," Dkt. No. 205 at 11, the context of that statement was that the decision on the motion to dismiss might affect discovery of the named plaintiffs. The Court did not indicate that it would permit the reopening generally of class discovery. It also is ORDERED that the schedule for briefing the motion for class certification and related motions shall be as follows: Plaintiffs' motion for class certification and Plaintiffs' expert reports shall be filed by October 17, 2022. Discovery of Plaintiffs' experts shall be concluded by October 31, 2022. Defendant's opposition to class certification and Defendant's expert reports, as well as any motions to exclude Plaintiffs' experts, shall be filed by November 14, 2022. Plaintiffs' discovery of Defendant's experts shall be concluded by November 30, 2022. Plaintiffs' reply in support of the motion for class certification and any opposition toDefendant's motion to exclude Plaintiffs' experts shall also be filed by November 30, 022. Plaintiffs' motions, if any, to exclude Defendant's experts shall be filed by December 12, 2022. Defendant's opposition to Plaintiffs' motion to exclude Defendant's experts, if any, and any reply in support of its motion to exclude Plaintiffs' experts shall be filed by December 23, 2022. Plaintiffs' reply in support of any motion to exclude Defendant's experts shall be filed by January 6, 2022. SO ORDERED. ( Discovery due by 10/3/2022., Expert Discovery due by 11/30/2022., Motions due by 12/12/2022., Responses due by 12/23/2022, Replies due by 12/23/2022.) (Signed by Judge Lewis J. Liman on 8/22/2022) (tg)
August 19, 2022 Opinion or Order Filing 211 JOINT LETTER addressed to Judge Lewis J. Liman from William O. Reckler and Benjamin J. Whiting dated August 19, 2022 re: Briefing Schedules re: Class Certification [CORRECTED]. Document filed by Peloton Interactive, Inc...(Reckler, William)
August 19, 2022 Opinion or Order Filing 210 JOINT LETTER addressed to Judge Lewis J. Liman from William O. Reckler and Benjamin J. Whiting dated August 19, 2022 re: Briefing Schedules re: Class Certification. Document filed by Peloton Interactive, Inc...(Reckler, William)
August 19, 2022 Opinion or Order Filing 209 NOTICE OF APPEARANCE by Aaron M. Zigler on behalf of Ishmael Alvarado, Eric Passman..(Zigler, Aaron)
August 11, 2022 Opinion or Order Filing 208 ORDER: Briefing and discovery related to class certification has been stayed pending the Court's disposition of Peloton's motion to dismiss the Third Amended Complaint. See Dkt. No. 205 at 10-11. By Opinion and Order dated August 11, 2022, the Court denied Peloton's motion except as otherwise stated in that Opinion. Dkt. No. 207. It is hereby ORDERED that, by August 19, 2022, the parties shall meet and confer and submit to the Court a joint briefing schedule for the motion for class certification. It is further ORDERED that any stay of discovery previously entered in this case is lifted. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/11/2022) (vfr)
August 11, 2022 Opinion or Order Filing 207 OPINION AND ORDER re: #196 MOTION to Dismiss the Third Amended Complaint. filed by Peloton Interactive, Inc. For the foregoing reasons, Peloton's motion to dismiss is DENIED except as otherwise set forth in this Opinion. The Clerk of Court is respectfully directed to close Dkt. No. 196. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/11/2022) (vfr)
May 17, 2022 Opinion or Order Filing 206 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/9/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
May 17, 2022 Opinion or Order Filing 205 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/9/2022 before Judge Lewis J. Liman. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. 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. Redaction Request due 6/7/2022. Redacted Transcript Deadline set for 6/17/2022. Release of Transcript Restriction set for 8/15/2022..(Moya, Goretti)
May 9, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Telephonic Case Management Conference held on 5/9/2022. Benjamin Whiting present by telephone for Plaintiffs. William Reckler and Megan Behrman present by telephone for Defendant. Court reporter present by telephone. The Court stayed the motion for class certification and discovery pending decision on the motion to dismiss. (mf)
May 4, 2022 Opinion or Order Filing 204 ORDER granting #203 Letter Motion for Conference addressed to Judge Lewis J. Liman from Benjamin J. Whiting and William O. Reckler dated 5/3/2022. The request is GRANTED. A telephonic Case Management Conference is scheduled for May 9, 2022 at 2:00 p.m. The parties should dial into the Court's teleconference line at 888-251-2909, Access Code 2123101#. SO ORDERED. Telephone Conference set for 5/9/2022 at 2:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 5/4/2022) (vfr)
May 3, 2022 Opinion or Order Filing 203 JOINT LETTER MOTION for Conference addressed to Judge Lewis J. Liman from Benjamin J. Whiting and William O. Reckler dated 5/3/2022. Document filed by Ishmael Alvarado, Eric Passman..(Whiting, Benjamin)
April 6, 2022 Opinion or Order Filing 202 REPLY MEMORANDUM OF LAW in Support re: #196 MOTION to Dismiss the Third Amended Complaint. . Document filed by Peloton Interactive, Inc...(Behrman, Megan)
March 25, 2022 Opinion or Order Filing 201 RESPONSE in Opposition to Motion re: #196 MOTION to Dismiss the Third Amended Complaint. . Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit 1 - Declaration of Eric Passman, #2 Exhibit 2 - Declaration of Ishmael Alvarado, #3 Exhibit 3 - Declaration of J. Michael Dennis, #4 Exhibit 4 - Declaration of Colin B. Weir, #5 Exhibit 5 - Declaration of Alex J. Dravillas).(Whiting, Benjamin)
March 18, 2022 Opinion or Order Filing 200 ORDER granting #199 Letter Motion for Extension of Time to File Response/Reply re #199 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 3/17/2022. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
March 17, 2022 Opinion or Order Filing 199 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 3/17/2022. Document filed by Ishmael Alvarado, Eric Passman. (Attachments: #1 Exhibit A).(Whiting, Benjamin)
March 4, 2022 Opinion or Order Filing 198 DECLARATION of Megan A. Behrman in Support re: #196 MOTION to Dismiss the Third Amended Complaint.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Deposition of Ishmael Alvarado, #2 Exhibit 2 - Deposition of Eric Passman).(Feldman, Steven)
March 4, 2022 Opinion or Order Filing 197 MEMORANDUM OF LAW in Support re: #196 MOTION to Dismiss the Third Amended Complaint. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
March 4, 2022 Opinion or Order Filing 196 MOTION to Dismiss the Third Amended Complaint. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 18, 2022 Opinion or Order Filing 195 THIRD AMENDED COMPLAINT amending #106 Amended Complaint, against Peloton Interactive, Inc. with JURY DEMAND.Document filed by Eric Passman, Ishmael Alvarado. Related document: #106 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Whiting, Benjamin)
February 1, 2022 Opinion or Order Filing 194 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts [Revised Redactions to Exhibit 29 pursuant to Order ECF No. 193] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - May 24, 2019 Email).(Feldman, Steven)
February 1, 2022 Opinion or Order Filing 193 ORDER granting in part and denying in part #173 Letter Motion to Seal. The motion is GRANTED with one exception: Eric Fishon's name appearing at Defendant's Exhibit 29 (filed originally at Dkt. No. 142-1) shall be unredacted. All other requested redactions and requests to file under seal are approved. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/1/2022) (vfr)
January 28, 2022 Opinion or Order Filing 192 DECLARATION of Alex J. Dravillas in Support re: #173 JOINT LETTER MOTION to Seal --Renewed Letter Motion to Seal Pursuant to the Court's Order at ECF No. 169 addressed to Judge Lewis J. Liman from Steven N. Feldman dated January 28, 2022.. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 1 - Proposed Redactions to Former ECF No. 126-2, #2 Exhibit 2 - Proposed Redactions to Former ECF No. 126-14, #3 Exhibit 3 - Proposed Redactions to Former ECF No. 126-15, #4 Exhibit 4 - Proposed Redactions to Former ECF No. 126-16, #5 Exhibit 5 - Proposed Redactions to Former ECF No. 126-17, #6 Exhibit 6 - Proposed Redactions to Former ECF No. 126-18, #7 Exhibit 7 - Proposed Redactions to Former ECF No. 126-23, #8 Exhibit 8 - Proposed Redactions to Former ECF No. 126-25, #9 Exhibit 9 - Proposed Redactions to Former ECF No. 126-29, #10 Exhibit 10 - Proposed Redactions to Former ECF No. 153-1, #11 Exhibit 11 - Proposed Redactions to Former ECF No. 153-2, #12 Exhibit 12 - Proposed Redactions to Former ECF No. 153-3, #13 Exhibit 13 - Proposed Redactions to Former ECF No. 153-6, #14 Exhibit 14 - Proposed Redactions to Former ECF No. 157-3, #15 Exhibit 15 - Proposed Redactions to Former ECF No. 157-4).(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 191 ***SELECTED PARTIES***DECLARATION of Rebecca Kirk Fair [Formerly filed under seal at ECF No. 134] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #173 .(Reckler, William)
January 28, 2022 Opinion or Order Filing 190 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts [Formerly filed under seal at ECF Nos. 141, 143] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 3 - Class Chart, #2 Exhibit 6 - 2019 Peloton Presentation, #3 Exhibit 12 - Deposition Transcript, #4 Exhibit 14 - Marketing Spend, #5 Exhibit 15 - Appx of Alleged Misstatements, #6 Exhibit 28 - 2020 Peloton Presentation, #7 Exhibit 29 - May 24 2019 Email, #8 Exhibit 31 - Apr 25 2019 Email, #9 Exhibit 33 - Fishon Customer Support, #10 Exhibit 37 - Internship Application, #11 Exhibit 40 - 2019 Peloton Presentation, #12 Exhibit 42 - Aug 20 2021 Email, #13 Exhibit 43 - Sept 14 2021 Email, #14 Exhibit 44 - Jan 8 2021 Email, #15 Exhibit 46 - Fishon Member Profile, #16 Exhibit 47 - Fishon Order History, #17 Exhibit 48 - Fishon Subscription History, #18 Exhibit 49 - Pearlman Member Profile, #19 Exhibit 50 - Pearlman Order History, #20 Exhibit 51 - Pearlman Subscription History)Motion or Order to File Under Seal: #173 .(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 189 DECLARATION of Colin B. Weir [Newly proposed redactions pursuant to ECF No. 173 -- formerly filed under seal at ECF No. 159] in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 188 DECLARATION of Colin B. Weir [Newly proposed redactions pursuant to ECF No. 173 -- formerly filed under seal at ECF No. 121] in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 187 DECLARATION of Rebecca Kirk Fair [Newly proposed redactions pursuant to ECF No. 173--formerly filed under seal at ECF No. 134] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Supporting Materials and Appendices A-B, #2 Appendix C, #3 Appendix D, #4 Appendix E-G, #5 Appendix H).(Reckler, William)
January 28, 2022 Opinion or Order Filing 186 ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Support re: #173 JOINT LETTER MOTION to Seal --Renewed Letter Motion to Seal Pursuant to the Court's Order at ECF No. 169 addressed to Judge Lewis J. Liman from Steven N. Feldman dated January 28, 2022.. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Proposed Redactions to Former ECF No. 126-2, #2 Exhibit 2 - Proposed Redactions to Former ECF No. 126-14, #3 Exhibit 3 - Proposed Redactions to Former ECF No. 126-15, #4 Exhibit 4 - Proposed Redactions to Former ECF No. 126-16, #5 Exhibit 5 - Proposed Redactions to Former ECF No. 126-17, #6 Exhibit 6 - Proposed Redactions to Former ECF No. 126-18, #7 Exhibit 7 - Proposed Redactions to Former ECF No. 126-23, #8 Exhibit 8 - Proposed Redactions to Former ECF No. 126-25, #9 Exhibit 9 - Proposed Redactions to Former ECF No. 126-29, #10 Exhibit 10 - Proposed Redactions to Former ECF No. 153-1, #11 Exhibit 11 - Proposed Redactions to Former ECF No. 153-2, #12 Exhibit 12 - Proposed Redactions to Former ECF No. 153-3, #13 Exhibit 13 - Proposed Redactions to Former ECF No. 153-6, #14 Exhibit 14 - Proposed Redactions to Former ECF No. 157-3, #15 Exhibit 15 - Proposed Redactions to Former ECF No. 157-4)Motion or Order to File Under Seal: #173 .(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 185 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts [Unredacted pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF Nos. 141, 143; with newly redacted exhibits pursuant to ECF No. 173] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 3 - Class Chart, #2 Exhibit 6 - 2019 Peloton Presentation, #3 Exhibit 12 - Deposition Transcript, #4 Exhibit 14 - Marketing Spend, #5 Exhibit 15 - Appx of Alleged Misstatements, #6 Exhibit 28 - 2020 Peloton Presentation, #7 Exhibit 29 - May 24 2019 Email, #8 Exhibit 31 - Apr 25 2019 Email, #9 Exhibit 33 - Fishon Customer Support, #10 Exhibit 37 - Internship Application, #11 Exhibit 40 - 2019 Peloton Presentation, #12 Exhibit 42 - Aug 20 2021 Email, #13 Exhibit 43 - Sept 14 2021 Email, #14 Exhibit 44 - Jan 8 2021 Email, #15 Exhibit 46 - Fishon Member Profile, #16 Exhibit 47 - Fishon Order History, #17 Exhibit 48 - Fishon Subscription History, #18 Exhibit 49 - Pearlman Member Profile, #19 Exhibit 50 - Pearlman Order History, #20 Exhibit 51 - Pearlman Subscription History).(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 184 ***SELECTED PARTIES***DECLARATION of Colin B. Weir in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #173 .(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 183 ***SELECTED PARTIES***DECLARATION of Bruce A. Strombom, Ph.D. [Formerly filed under seal at ECF No. 148] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #173 .(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 182 DECLARATION of Bruce A. Strombom, Ph.D. [Newly proposed redactions pursuant to ECF No. 173 -- formerly filed under seal at ECF No. 148] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 181 ***SELECTED PARTIES***DECLARATION of Bruce A. Strombom, Ph.D. [Formerly filed under seal at ECF No. 132] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #173 .(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 180 ***SELECTED PARTIES***DECLARATION of Colin B. Weir in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #173 .(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 179 DECLARATION of Bruce A. Strombom, Ph.D. [Newly proposed redactions pursuant to ECF No. 173 -- formerly filed under seal at ECF No. 132] in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 178 MEMORANDUM OF LAW in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. Unredacted pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF No. 155. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 177 DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 176 REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class . Unredacted pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF No. 151. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 175 DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 174 MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class . Updated redactions pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF No. 119. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
January 28, 2022 Opinion or Order Filing 173 JOINT LETTER MOTION to Seal --Renewed Letter Motion to Seal Pursuant to the Court's Order at ECF No. 169 addressed to Judge Lewis J. Liman from Steven N. Feldman dated January 28, 2022. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 172 REPLY MEMORANDUM OF LAW in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. [Unredacted pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF No. 162]. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 171 MEMORANDUM OF LAW in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. [Unredacted pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF No. 137]. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 28, 2022 Opinion or Order Filing 170 MEMORANDUM OF LAW in Opposition re: #117 MOTION to Certify Class . [Updated redactions pursuant to the Court's Order at ECF No. 169 -- formerly filed under seal at ECF No. 136]. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 21, 2022 Opinion or Order Filing 169 ORDER granting in part and denying in part #116 Letter Motion to Seal; granting in part and denying in part #131 Letter Motion to Seal; granting in part and denying in part #149 Letter Motion to Seal; denying #160 Letter Motion to Seal. The Court has before it four motions to seal. See Dkt. Nos. 116, 131, 149, 160. The motions are directed to documents currently filed under seal at various docket entries. The motions at Dkt. Nos. 116, 131, and 149 are granted in part and denied in part. The motion at Dkt. No. 160 is denied. The following redactions-which are addressed in the motions at Dkt Nos. 116, 131, and 149-are permitted: In Dkt. No. 119: On page 2 (page 10 of the PDF): the proposed redaction of the second sentence of the last paragraph, appearing directly after "a ubiquitous feature of its advertising"; On page 4 (page 12 of the PDF): the proposed redactions immediately following "class offerings in Peloton's library," "this same survey found," and "[s]o 'obvious' to Peloton was it that"; On page 6 (page 15 of the PDF): the proposed redaction following "dominate the home fitness market, because...." In Dkt. No. 136: On page 23 and continuing onto page 24 (pages 31 and 32 of the PDF): the proposed redaction in the parenthetical following "2018 Annual Member Survey, at 10..." In Dkt. No. 151: On page 2 and continuing onto page 3 (pages 8 and 9 of the PDF): the proposed redaction following "[i]ndeed, Peloton's website is"; On page 3 (page 9 of the PDF): the proposed redaction between "[a]ccording to" and "[a]nd as Peloton's former Head of Global Marketing testified...." The requests for the remaining proposed redactions in Dkt. Nos. 119, 130, 136, 137, 141, 143, 151, 153, 155, 162 are denied. The parties are directed to file these documents on the public docket with only the approved reactions no later than January 28, 2022. The motions also request that certain documents or depositions which are exhibits to filings related to the class certification motion or motion to exclude expert testimony be filed under seal in their entireties. That request is inconsistent with the narrow tailoring principle of Lugosch v. Pyramid Company of Onondaga, 435 F.3d 110 (2d Cir. 2006). As presently framed, the request for sealing of the documents is denied. The Court will, however, suspend the effect of that denial for fourteen days, in order to give the parties an opportunity to propose narrowly tailored redactions of the documents and depositions taking into account the redactions allowed by this Order and those permitted by Lugosch. In the absence of a renewed motion directed to the documents and depositions with more narrowly tailored redactions, the Court will direct the Clerk to unseal the documents and deposition transcripts that have been filed entirely under seal on or after January 28, 2022. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/21/2022) (vfr)
January 19, 2022 Opinion or Order Filing 168 OPINION AND ORDER re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. filed by Peloton Interactive, Inc., #117 MOTION to Certify Class . filed by Eric Fishon, Alicia Pearlman, #107 MOTION to Dismiss Plaintiff Alicia Pearlman's claims in the Second Amended Class Action Complaint #106 . filed by Peloton Interactive, Inc. Peloton's motion to dismiss plaintiff Pearlman's claim is GRANTED, and Pearlman's complaint is dismissed without prejudice. Plaintiffs' motion for class certification is DENIED. In light of the Court's denial of the motion for class certification, Peloton's pending motion to exclude the testimony of Plaintiffs' experts is DENIED as moot. Any amended complaint must be filed on or before February 18, 2022. Assuming that an amended complaint is filed, the Court will hold a case management conference to discuss the schedule for any remaining discovery and for renewed motions for class certification. The Clerk of Court is respectfully directed to close Dkt. Nos. 107, 117, and 135. SO ORDERED., ( Amended Pleadings due by 2/18/2022.) (Signed by Judge Lewis J. Liman on 1/19/22) (yv)
January 19, 2022 Opinion or Order Filing 167 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
January 19, 2022 Opinion or Order Filing 166 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/11/2021 before Judge Lewis J. Liman. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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. Redaction Request due 2/9/2022. Redacted Transcript Deadline set for 2/22/2022. Release of Transcript Restriction set for 4/19/2022..(Moya, Goretti)
January 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Status Conference held on 1/11/2022 by Telephone Conference. Adam Levitt, Saul Cohen, Benjamin Whiting, Alex Dravillas and Aaron Zigler present by telephone for Plaintiffs. William Reckler, Steven Feldman, Lilia Vazova, and Jooyoung Yeu present by telephone for Defendant. Court reporter present by telephone. The Court heard from parties regarding whether Mr. Fishon meets the typicality and adequacy requirements of Federal Rule of Civil Procedure 23(a). Argument taken under advisement, decision reserved by the Court. Parties directed to order a copy of the transcript of the hearing on an expedited basis. (mf)
January 7, 2022 Opinion or Order Filing 165 ORDER: There is a conference in this matter scheduled for Tuesday, January 11, 2022 at 11:00 a.m. At the conference, the parties should be prepared to address whether Mr. Fishon meets the typicality and adequacy requirements of Federal Rule of Civil Procedure 23(a). SO ORDERED. (Signed by Judge Lewis J. Liman on 1/7/2022) (va)
January 7, 2022 Opinion or Order Filing 164 NOTICE of Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Motion for Class Certification re: #117 MOTION to Certify Class ., #118 Memorandum of Law in Support of Motion. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit A).(Levitt, Adam)
December 26, 2021 Opinion or Order Set/Reset Hearings: Status Conference set for 1/11/2022 at 11:00 AM before Judge Lewis J. Liman. (mf)
December 26, 2021 Opinion or Order ORDER: The Telephonic Status Conference previously set for December 27, 2021 is RESCHEDULED to January 11, 2022 at 11:00AM. Parties are reminded to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
November 11, 2021 Opinion or Order Filing 163 DECLARATION of Megan A. Behrman in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 64 - Strombom Deposition, #2 Exhibit 65 - Cameron Article, #3 Exhibit 66 - McFadden Article).(Feldman, Steven)
November 11, 2021 Opinion or Order Filing 162 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. . Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #160 .(Feldman, Steven)
November 11, 2021 Opinion or Order Filing 161 REPLY MEMORANDUM OF LAW in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
November 11, 2021 Opinion or Order Filing 160 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Steven N. Feldman dated November 11, 2021. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
November 3, 2021 Opinion or Order ORDER: The Status Conference previously set for November 4, 2021 is RESCHEDULED to December 27, 2021 at 2:00PM. The conference will be held remotely by telephone and parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
November 3, 2021 Opinion or Order Set/Reset Hearings: Status Conference set for 12/27/2021 at 02:00 PM before Judge Lewis J. Liman. (mf)
November 1, 2021 Opinion or Order Filing 159 ***SELECTED PARTIES***AFFIDAVIT of Colin B. Weir in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #149 .(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 158 ***SELECTED PARTIES***AFFIDAVIT of J. Michael Dennis in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #149 .(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 157 ***SELECTED PARTIES***AFFIDAVIT of Alex J. Dravillas in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 J. Michael Dennis Excerpts, #2 Exhibit 2 Joel Steckel Excerpts, #3 Exhibit 3 Bradley Olson Excerpts, #4 Exhibit 4 Ryan Dillon-Curran Excerpts, #5 Exhibit 5 Colin Weir Excerpts)Motion or Order to File Under Seal: #149 .(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 156 AFFIDAVIT of Alex J. Dravillas in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts.. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 1 J. Michael Dennis Excerpts, #2 Exhibit 2 Joel Steckel Excerpts, #3 Exhibit 3 Bradley Olson Excerpts, #4 Exhibit 4 Ryan Dillon-Curran Excerpts, #5 Exhibit 5 Colin Weir Excerpts).(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 155 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. . Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #149 .(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 154 MEMORANDUM OF LAW in Opposition re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. . Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 153 ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 Ryan Dillon-Curran Excerpts, #2 Exhibit 2 Bradley Olson Excerpts, #3 Exhibit 3 Timeline, #4 Exhibit 4 Graham Stanton Excerpts, #5 Exhibit 5 Carolyn Tisch-Blodgett Excerpts, #6 Exhibit 6 Brad Greenawalt Excerpts, #7 Exhibit 8 Gil Aronow Excerpts, #8 Exhibit 11 Deposition Excerpts, #9 Exhibit 12 Deposition Excerpts, #10 Exhibit 13 Deposition Excerpts, #11 Exhibit 14 Deposition Excerpts, #12 Exhibit 15 Dennis Excerpts, #13 Exhibit 18 Declaration, #14 Exhibit 19 Declaration)Motion or Order to File Under Seal: #149 .(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 152 DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 1 Ryan Dillon-Curran Excerpts, #2 Exhibit 2 Bradley Olson Excerpts, #3 Exhibit 3 Timeline, #4 Exhibit 4 Graham Stanton Excerpts, #5 Exhibit 5 Carolyn Tisch-Blodgett Excerpts, #6 Exhibit 6 Brad Greenawalt Excerpts, #7 Exhibit 7 Amended Initial Disclosures, #8 Exhibit 8 Gil Aronow Excerpts, #9 Exhibit 9 Eric Fishon Excerpts, #10 Exhibit 10 Alicia Pearlman Excerpts, #11 Exhibit 11 Deposition Excerpts, #12 Exhibit 12 Deposition Excerpts, #13 Exhibit 13 Deposition Excerpts, #14 Exhibit 14 Deposition Excerpts, #15 Exhibit 15 J. Michael Dennis Excerpts, #16 Exhibit 16 Declaration of Adam Levitt, #17 Exhibit 17 Declaration of Benjamin Whiting, #18 Exhibit 18 Declaration, #19 Exhibit 19 Declaration).(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 151 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class . . Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #149 .(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 150 REPLY MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class . . Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
November 1, 2021 Opinion or Order Filing 149 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Benjamin Whiting dated 11/01/2021. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
October 26, 2021 Opinion or Order Filing 148 ***SELECTED PARTIES***DECLARATION of Bruce A. Strombom, Ph.D. (*Corrected) in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 21, 2021 Opinion or Order Filing 147 ORDER granting #146 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
October 21, 2021 Opinion or Order Filing 146 LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated October 21, 2021. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Text of Proposed Order Ex A - Proposed Order ISO Extension).(Whiting, Benjamin)
October 20, 2021 Opinion or Order Filing 145 NOTICE OF APPEARANCE by Farzin Franklin Amanat on behalf of Eric Fishon, Alicia Pearlman..(Amanat, Farzin)
October 18, 2021 Opinion or Order Filing 144 CERTIFICATE OF SERVICE of Declaration of Megan A. Behrman in Support of Peloton Interactive, Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts (with exhibits) served on Plaintiffs on October 15, 2021. Service was made by electronic mail. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
October 16, 2021 Opinion or Order Filing 143 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts (Volume 2) / in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 33 --Fishon Customer Support, #2 Exhibit 37 --Internship Application, #3 Exhibit 38 --Deposition Transcript, #4 Exhibit 40 --2019 Peloton Presentation, #5 Exhibit 41 --Deposition Transcript, #6 Exhibit 42 --Aug 20 2021 Email, #7 Exhibit 43 --Sept 14 2021 Email, #8 Exhibit 44 --Jan 8 2021 Email, #9 Exhibit 46 --Fishon Member Profile, #10 Exhibit 47 --Fishon Order History, #11 Exhibit 48 --Fishon Subscription History, #12 Exhibit 49 --Pearlman Member Profile, #13 Exhibit 50 --Pearlman Order History, #14 Exhibit 51 --Pearlman Subscription History)Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 16, 2021 Opinion or Order Filing 142 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts (Volume 2) [Redacted] / in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 29 - May 24 2019 Email, #2 Exhibit 30 - Fishon Deposition Video, #3 Exhibit 31 - April 25 2019 Email, #4 Exhibit 32 - Fishon RFA Responses, #5 Exhibit 34 - Peloton Subscription Terms, #6 Exhibit 35 - Peloton Website Popup, #7 Exhibit 36 - Sample Social Media Posts, #8 Exhibit 39 - Fishon ROG Responses, #9 Exhibit 45 - Intentionally omitted, #10 Exhibit 52 - McMorrow Dennis Report, #11 Exhibit 53 - Buckeye Dennis Report, #12 Exhibit 54 - Maeda Dennis Rebuttal Report, #13 Exhibit 55 - Sharpe Dennis Report, #14 Exhibit 56 - Broomfield Dennis Report, #15 Exhibit 57 - Fitzhenry Dennis Report, #16 Exhibit 58 - de Lacour Dennis Report, #17 Exhibit 59 - Bowling Dennis Report, #18 Exhibit 60 - Gregorio Dennis Deposition, #19 Exhibit 61 - Cabrera Dennis Report, #20 Exhibit 62 - Vizcarra Dennis Report - Part 1, #21 Exhibit 62 - Vizcarra Dennis Report - Part 2, #22 Exhibit 62 - Vizcarra Dennis Report - Part 3, #23 Exhibit 63 - Willis Dennis Report).(Behrman, Megan)
October 16, 2021 Opinion or Order Filing 141 ***SELECTED PARTIES***DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts (Volume 1) / in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 3 -- Peloton Class Chart, #2 Exhibit 6 --2019 Peloton Presentation, #3 Exhibit 7 --Deposition Transcript, #4 Exhibit 8 --Deposition Transcript, #5 Exhibit 9 --Deposition Transcript, #6 Exhibit 12 --Deposition Transcript, #7 Exhibit 14 --Marketing Spend, #8 Exhibit 15 --Appx of Alleged Misstatements, #9 Exhibit 17 --Deposition Transcript, #10 Exhibit 18 --Deposition Transcript, #11 Exhibit 19 --Deposition Transcript, #12 Exhibit 20 --Deposition Transcript, #13 Exhibit 21 --Deposition Transcript, #14 Exhibit 24 --Apr 9 2018 Letter, #15 Exhibit 27 --Deposition Transcript, #16 Exhibit 28 --2020 Peloton Presentation)Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 140 DECLARATION of Megan A. Behrman in Support of Peloton Interactive Inc.'s Opposition to Plaintiffs' Motion for Class Certification and in Support of Peloton's Motion to Exclude the Testimony of Plaintiffs' Experts (Volume 1) [Redacted] / in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1 - Facebook Webpage, #2 Exhibit 2 - Peloton Form S1, #3 Exhibit 4 - Peloton Support Webpage, #4 Exhibit 5 - Peloton App Webpage, #5 Exhibit 10 - Peloton Offer Webpage, #6 Exhibit 11 - Peloton 2021 10K, #7 Exhibit 13 - Appx of Sample Advertisements, #8 Exhibit 13a - Appx of Sample Advertisements, #9 Exhibit 13b - Appx of Sample Advertisements, #10 Exhibit 13c - Appx of Sample Advertisements, #11 Exhibit 16 - Aronow Declaration, #12 Exhibit 22 - Pearlman Deposition, #13 Exhibit 23 - Fishon Deposition, #14 Exhibit 25 - Mar 25 2019 Email, #15 Exhibit 26 - Peloton Terms of Service).(Behrman, Megan)
October 15, 2021 Opinion or Order Filing 139 MEMORANDUM OF LAW in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 138 MEMORANDUM OF LAW in Opposition re: #117 MOTION to Certify Class . . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 137 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. . Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 136 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #117 MOTION to Certify Class . . Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #131 .(Reckler, William)
October 15, 2021 Opinion or Order Filing 135 MOTION to Strike Document No. [120, 121] / Peloton Interactive, Inc.'s Motion to Exclude the Testimony of Plaintiffs' Experts. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 134 ***SELECTED PARTIES***DECLARATION of Rebecca Kirk Fair in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. (Attachments: #1 Supporting Materials, #2 Appendices)Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 133 ***SELECTED PARTIES***DECLARATION of Joel H. Steckel, Ph.D. in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 132 ***SELECTED PARTIES***DECLARATION of Bruce A. Strombom, Ph.D. in Opposition re: #117 MOTION to Certify Class .. Document filed by Peloton Interactive, Inc., Eric Fishon, Alicia Pearlman. Motion or Order to File Under Seal: #131 .(Feldman, Steven)
October 15, 2021 Opinion or Order Filing 131 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Steven N. Feldman dated October 15, 2021. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
September 16, 2021 Opinion or Order Filing 130 ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 Part 1, #5 Exhibit 4 Part 2, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37)Motion or Order to File Under Seal: #116 .(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 129 DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37).(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 128 ORDER granting #127 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
September 16, 2021 Opinion or Order Filing 127 LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 9/16/2021. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit A, #2 Exhibit B).(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 126 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #130) - ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)Motion or Order to File Under Seal: #116 .(Whiting, Benjamin) Modified on 9/17/2021 (ldi).
September 16, 2021 Opinion or Order Filing 125 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #129) - ***SELECTED PARTIES***DECLARATION of Alex J. Dravillas in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)Motion or Order to File Under Seal: #116 .(Whiting, Benjamin) Modified on 9/17/2021 (ldi).
September 16, 2021 Opinion or Order Filing 124 DECLARATION of Ben Whiting in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 123 DECLARATION of Aaron M. Zigler in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 122 DECLARATION of Adam J. Levitt in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 121 ***SELECTED PARTIES***DECLARATION of Colin B. Weir in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #116 .(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 120 ***SELECTED PARTIES***DECLARATION of Dr. J. Michael Dennis in Support re: #117 MOTION to Certify Class .. Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #116 .(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 119 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class . . Document filed by Eric Fishon, Alicia Pearlman, Peloton Interactive, Inc.. Motion or Order to File Under Seal: #116 .(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 118 MEMORANDUM OF LAW in Support re: #117 MOTION to Certify Class . . Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 117 MOTION to Certify Class . Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
September 16, 2021 Opinion or Order Filing 116 LETTER MOTION to Seal addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 9/15/2021. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
September 9, 2021 Opinion or Order Filing 115 ORDER denying #113 Letter Motion to Compel. Plaintiffs Eric Fishon and Alisha Pearlman move to compel responses by Defendant Peloton Interactive, Inc. (Peloton) to Plaintiffs Third Set of Interrogatories and Fourth Set of Interrogatories. Dkt. No. 113. The motion is denied. (As further set forth herein.) SO ORDERED. (Signed by Judge Lewis J. Liman on 9/9/2021) (va)
September 8, 2021 Opinion or Order Filing 114 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Lilia Vazova dated September 8, 2021 re: #113 LETTER MOTION to Compel Peloton Interactive, Inc. to Respond to Plaintiffs Third and Fourth Sets of Interrogatories addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 9/03/2021. . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A --Def. Resp. & Objs. To Pl.'s Interrogatories, #2 Exhibit B --Stanton Deposition (excerpts), #3 Exhibit C --Def. Res. And Objs. To 30(b)(6) Notice, #4 Exhibit D --Letter from Peloton Counsel to Plaintiffs dated August 12, 2021).(Vazova, Lilia)
September 3, 2021 Opinion or Order Filing 113 LETTER MOTION to Compel Peloton Interactive, Inc. to Respond to Plaintiffs Third and Fourth Sets of Interrogatories addressed to Judge Lewis J. Liman from Benjamin J. Whiting dated 9/03/2021. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit A, #2 Exhibit B).(Whiting, Benjamin)
August 31, 2021 Opinion or Order Filing 112 NOTICE: The Court has disposed of the securities that were the subject of the Notice at Dkt. No. 110. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/31/2021) (rj)
August 30, 2021 Opinion or Order Filing 111 REPLY MEMORANDUM OF LAW in Support re: #107 MOTION to Dismiss Plaintiff Alicia Pearlman's claims in the Second Amended Class Action Complaint #106 . . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
August 25, 2021 Opinion or Order Filing 110 NOTICE: I previously provided notice that I had become aware that my wife held shares in Defendant Peloton Interactive, Inc. Dkt. No. 63. My wife divested herself of the shares shortly thereafter. Dkt. No. 64. Earlier this month, I became aware that an investment advisor bought a total of 550 shares, split between an account for my wife and a joint account. Those purchases were made in the period between April 2021 and May 2021. I was not aware of the purchases at the time they were made, I did not make any decisions or issue any orders in this case at any time I was aware of the share ownership, and my wife and I are in the process of divesting ourselves of the position. SO ORDERED. (Signed by Judge Lewis J. Liman on 8/25/2021) (va)
August 23, 2021 Opinion or Order Filing 109 RESPONSE in Opposition to Motion re: #107 MOTION to Dismiss Plaintiff Alicia Pearlman's claims in the Second Amended Class Action Complaint #106 . . Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit Exhibit A).(Gutzler, Greg)
August 9, 2021 Opinion or Order Filing 108 MEMORANDUM OF LAW in Support re: #107 MOTION to Dismiss Plaintiff Alicia Pearlman's claims in the Second Amended Class Action Complaint #106 . . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
August 9, 2021 Opinion or Order Filing 107 MOTION to Dismiss Plaintiff Alicia Pearlman's claims in the Second Amended Class Action Complaint #106 . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
July 26, 2021 Opinion or Order Filing 106 SECOND AMENDED COMPLAINT amending #81 Amended Complaint, against Peloton Interactive, Inc. with JURY DEMAND.Document filed by Eric Fishon, Alicia Pearlman. Related document: #81 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Gutzler, Greg)
July 26, 2021 Opinion or Order Filing 105 ORDER denying #103 Letter Motion for Extension of Time to Amend #102 Memorandum & Opinion, addressed to Judge Lewis J. Liman from Benjamin Whiting dated 7/20/2021. Plaintiffs' motion appears to be a calculated effort to prevent the Court from considering all issues relevant to the assertion of New York- and Michigan-based class claims in a single class action. (Defendant also suggests that Plaintiffs may attempt to amend to assert claims based on the laws of other States. Dkt. No. 94). That would foster inefficiency. The assertion in a single action of class claims based on New York and Michigan law may go to any number of the Rule 23(a) and Rule 23(b)(3) factors including manageability. Without prejudging now (and without the benefit of briefing), the relevance to this case of class claims asserted under two bodies of law, it would disserve the interests of efficiency as well as the goals of Rule 23 for the Court to determine whether a New York class can be certified only to later consider, if the Court determines to certify a class, whether a Michigan class can be added to the case or alternatively whether the proposed addition of the Michigan class should cause the Court to decertify the action in its entirety. For the foregoing reasons, Plaintiffs' motion is DENIED. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/26/2021) (va)
July 22, 2021 Opinion or Order Filing 104 LETTER addressed to Judge Lewis J. Liman from William J. Trach dated July 22, 2021 re: opposition to Plaintiffs' letter-motion for an extension of time to file their Second Amended Complaint or, in the alternative, to stay. Document filed by Peloton Interactive, Inc...(Trach, William)
July 20, 2021 Opinion or Order Filing 103 LETTER MOTION for Extension of Time to Amend #102 Memorandum & Opinion,, addressed to Judge Lewis J. Liman from Benjamin Whiting dated 7/20/2021. Document filed by Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
July 12, 2021 Opinion or Order Filing 102 OPINION AND ORDER re: #84 LETTER MOTION for Discovery dispute addressed to Judge Lewis J. Liman from Aaron M. Zigler dated 1/28/2021, filed by Eric Fishon, Alicia Pearlman; #88 MOTION to Dismiss Plaintiff Alicia Pearlman's claims, filed by Peloton Interactive, Inc. For the following reasons, Pearlman's claims under the NYGBL are DISMISSED with prejudice. Pearlman has leave to amend the complaint to plead her claims under Michigan law within fourteen days of this Order. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 84 and 88. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/12/2021) (va)
June 30, 2021 Opinion or Order Filing 101 NOTICE OF APPEARANCE by Benjamin J Whiting on behalf of Eric Fishon, Alicia Pearlman..(Whiting, Benjamin)
May 6, 2021 Opinion or Order Filing 100 NOTICE OF CHANGE OF ADDRESS by Megan Alicia Behrman on behalf of Peloton Interactive, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Behrman, Megan)
May 6, 2021 Opinion or Order Filing 99 NOTICE OF CHANGE OF ADDRESS by Steven Nathaniel Feldman on behalf of Peloton Interactive, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Feldman, Steven)
May 3, 2021 Opinion or Order Filing 98 NOTICE OF CHANGE OF ADDRESS by William Oliver Reckler on behalf of Peloton Interactive, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Reckler, William)
May 3, 2021 Opinion or Order Filing 97 NOTICE OF CHANGE OF ADDRESS by Lilia Borislavova Vazova on behalf of Peloton Interactive, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Vazova, Lilia)
May 3, 2021 Opinion or Order Filing 96 NOTICE OF CHANGE OF ADDRESS by Alexis Kellert on behalf of Peloton Interactive, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, New York, United States 10020, 212-906-1200..(Kellert, Alexis)
March 21, 2021 Opinion or Order Filing 95 ORDER granting #94 Letter Motion for Extension of Time to Complete Discovery. Parties request for an extension of the discovery deadlines is GRANTED. The post-discovery conference will be held on November 4, 2021 at 11:00 a.m. SO ORDERED. Deposition due by 8/16/2021. Motions due by 9/15/2021. (Signed by Judge Lewis J. Liman on 3/21/2021) (va)
March 21, 2021 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 8/16/2021. Responses due by 10/15/2021. Replies due by 10/29/2021. (va)
March 21, 2021 Opinion or Order Set/Reset Hearings: Status Conference set for 11/4/2021 at 11:00 AM before Judge Lewis J. Liman. (va)
March 12, 2021 Opinion or Order Filing 94 JOINT LETTER MOTION for Extension of Time to Complete Discovery Deadlines addressed to Judge Lewis J. Liman from Steven N. Feldman dated March 12, 2021. Document filed by Peloton Interactive, Inc.. (Attachments: #1 [Proposed] Third Amended Case Management Plan and Scheduling Order).(Feldman, Steven)
March 5, 2021 Opinion or Order Filing 93 NOTICE OF APPEARANCE by William Oliver Reckler on behalf of Peloton Interactive, Inc...(Reckler, William)
February 25, 2021 Opinion or Order Filing 92 REPLY MEMORANDUM OF LAW in Support re: #88 MOTION to Dismiss Plaintiff Alicia Pearlman's claims. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 24, 2021 Opinion or Order Filing 91 JOINT LETTER MOTION to Seal re Confidentiality Designation addressed to Judge Lewis J. Liman from Adam J. Levitt and Alexis Kellert dated 02/24/2021. Document filed by Eric Fishon, Alicia Pearlman..(Levitt, Adam)
February 18, 2021 Opinion or Order Filing 90 MEMORANDUM OF LAW in Opposition re: #88 MOTION to Dismiss Plaintiff Alicia Pearlman's claims. . Document filed by Eric Fishon, Alicia Pearlman..(Gutzler, Greg)
February 4, 2021 Opinion or Order Filing 89 MEMORANDUM OF LAW in Support re: #88 MOTION to Dismiss Plaintiff Alicia Pearlman's claims. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 4, 2021 Opinion or Order Filing 88 MOTION to Dismiss Plaintiff Alicia Pearlman's claims. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 2, 2021 Opinion or Order Filing 87 ORDER: Plaintiffs have moved to quash Defendant's subpoena of Dana McMahon ("McMahon"), an unrepresented absent class member in this matter. The motion is denied. Plaintiffs do not have standing to bring this motion to quash. Plaintiffs' have not put forth any evidence that would lead the Court to alter this conclusion or to determine that McMahon's deposition will be unreasonably intrusive. The motion to quash is DENIED. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lewis J. Liman on 2/2/2021) (jca)
February 1, 2021 Opinion or Order Filing 86 DECLARATION of Lilia B. Vazova in Support of Peloton Interactive, Inc.'s Response to Plaintiffs' Motion to Quash the Deposition Subpoena to Absent Class Member Dana McMahon. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A- Email dated Jan 8, #2 Exhibit B- Email dated Jan. 22, #3 Exhibit C- Email dated Jan. 29).(Feldman, Steven)
February 1, 2021 Opinion or Order Filing 85 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Steven N. Feldman dated February 1, 2021 re: #84 LETTER MOTION for Discovery dispute addressed to Judge Lewis J. Liman from Aaron M. Zigler dated 1/28/2021. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
January 28, 2021 Opinion or Order Filing 84 LETTER MOTION for Discovery dispute addressed to Judge Lewis J. Liman from Aaron M. Zigler dated 1/28/2021. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit A).(Zigler, Aaron)
January 24, 2021 Opinion or Order Filing 83 ORDER granting #82 Motion for William J. Trach to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
January 21, 2021 Opinion or Order Filing 82 MOTION for William J. Trach to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Trach, William)
January 21, 2021 Opinion or Order Filing 81 FIRST AMENDED COMPLAINT amending #1 Complaint against Peloton Interactive, Inc. with JURY DEMAND.Document filed by Eric Fishon, Alicia Pearlman. Related document: #1 Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Gutzler, Greg) Modified on 1/22/2021 (pc). Modified on 1/22/2021 (pc).
January 21, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for William J. Trach to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
January 20, 2021 Opinion or Order Filing 80 ORDER granting #78 Letter Motion for Leave to File Document without opposition. Amended complaint to e filed by January 27, 2021. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis)
January 20, 2021 Opinion or Order Filing 79 LETTER RESPONSE to Motion addressed to Judge Lewis J. Liman from Lilia B. Vazova dated January 20, 2021 re: #78 LETTER MOTION for Leave to File First Amended Complaint addressed to Judge Lewis J. Liman from Adam J. Levitt dated 01/15/2021. . Document filed by Peloton Interactive, Inc...(Vazova, Lilia)
January 15, 2021 Opinion or Order Filing 78 LETTER MOTION for Leave to File First Amended Complaint addressed to Judge Lewis J. Liman from Adam J. Levitt dated 01/15/2021. Document filed by Eric Fishon, Alicia Pearlman. (Attachments: #1 Exhibit Proposed First Amended Complaint).(Levitt, Adam)
January 12, 2021 Opinion or Order Filing 77 ORDER granting #76 Motion to Withdraw as Attorney. Attorneys Shannon Marie Coit; Sourabh Mishra; Haoxiaohan Helen Cai and Marshall Alan Camp terminated (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
January 11, 2021 Opinion or Order Filing 76 MOTION for Marshall A. Camp, Sourabh Mishra, Shannon M. Coit, Ashley Artmann and Haoxiaohan Cai to Withdraw as Attorney . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Declaration of Sourabh Mishra).(Mishra, Sourabh)
January 11, 2021 Opinion or Order Filing 75 ORDER granting #74 Motion to Withdraw as Attorney. Attorney Joshua Donovan Liston terminated (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb)
January 11, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #73 MOTION for William J. Trach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23427919. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Massachusetts;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb)
January 8, 2021 Opinion or Order Filing 74 MOTION for Joshua D. Liston to Withdraw as Attorney . Document filed by Peloton Interactive, Inc.. (Attachments: #1 Affidavit Local Rule 1.4 Declaration).(Liston, Joshua)
January 8, 2021 Opinion or Order Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for William J. Trach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23427919. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Trach, William) Modified on 1/11/2021 (wb).
January 8, 2021 Opinion or Order Filing 72 NOTICE OF APPEARANCE by Megan Alicia Behrman on behalf of Peloton Interactive, Inc...(Behrman, Megan)
January 8, 2021 Opinion or Order Filing 71 NOTICE OF APPEARANCE by Alexis Kellert on behalf of Peloton Interactive, Inc...(Kellert, Alexis)
January 8, 2021 Opinion or Order Filing 70 NOTICE OF APPEARANCE by Lilia Borislavova Vazova on behalf of Peloton Interactive, Inc...(Vazova, Lilia)
January 4, 2021 Opinion or Order Filing 69 NOTICE OF CHANGE OF ADDRESS by Steven Nathaniel Feldman on behalf of Peloton Interactive, Inc.. New Address: Latham & Watkins LLP, 885 Third Avenue, New York, New York, United States 10022, (212) 906-1200..(Feldman, Steven)
November 25, 2020 Opinion or Order Filing 68 SECOND AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #67 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Any motion to amend or to join additional parties shall be filed no later than 1/15/2021. Depositions shall be completed by 4/9/2021. Defendant can depose Plaintiffs' expert(s) no later than 6/9/2021. Deposition due by 6/23/2021. The Court will set a schedule for remaining discovery after a decision on class certification but such discovery shall not extend beyond, and may be significantly shorter than, 120 days after the class certification ruling. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is: is a class is certified, 5-7 days; if no class is certified, 4-6 days. Motions due by 5/10/2021. Defendant's opposition to class certification shall be filed no later than 6/9/2021. Plaintiffs' reply in support of motion for class certification shall be filed no later than 6/23/2020. (Signed by Judge Lewis J. Liman on 11/25/2020) (va)
November 25, 2020 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 4/9/2021. Responses due by 6/9/2021. Replies due by 6/23/2021. (va)
November 24, 2020 Opinion or Order Filing 67 JOINT LETTER MOTION for Extension of Time to Complete Discovery Deadlines addressed to Judge Lewis J. Liman from Steven N. Feldman dated November 24, 2020. Document filed by Peloton Interactive, Inc.. (Attachments: #1 [Proposed] Amended Case Management Plan and Scheduling Order).(Feldman, Steven)
November 23, 2020 Opinion or Order Filing 66 ANSWER to #1 Complaint. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
November 9, 2020 Opinion or Order Filing 65 OPINION AND ORDER: For the foregoing reasons, Defendant's motion to dismiss is GRANTED with respect to Plaintiff Alicia Pearlman. Defendant's motion to dismiss is DENIED with respect to Plaintiff Eric Fishon. The Clerk of Court is respectfully directed to close Dkt. No. 30. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/9/2020) (va)
November 2, 2020 Opinion or Order Filing 64 ORDER: The parties are hereby provided notice that it has disposed of the Peloton shares that created the conflict of interest and that it has therefore purged itself of the conflict. The Court intends to continue to preside over this case. (Signed by Judge Lewis J. Liman on 11/2/2020) (cf) Modified on 11/2/2020 (cf).
October 15, 2020 Opinion or Order Filing 63 ORDER: I have become aware that my wife holds shares in Defendant Peloton Interactive, Inc. She intends to divest herself of the shares. Under Canon 3C(4) of the Code of Conduct for United States Judges, recusal is not required in this situation if divestment is made and it would not be in the public interest for me to recuse myself. The Court will provide notice as soon as the divestment occurs. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/15/2020) (va)
August 18, 2020 Opinion or Order Filing 62 NOTICE OF APPEARANCE by Shannon Marie Coit on behalf of Peloton Interactive, Inc...(Coit, Shannon)
August 4, 2020 Opinion or Order Filing 61 ORDER: The Court hereby SO ORDERS the voluntary dismissal of Patrick Yang pursuant to its authority under Rules 15 and 21 and its inherent power. To the extent the dismissal is predicated on Rule 15, the Court accepts Dkt. No. 60 as notice from Defendant that it relies on its initially-filed motions to dismiss. The Clerk of Court is respectfully directed to terminate plaintiff Patrick Yang. SO ORDERED. Patrick Yang (individually and on behalf of all others similarly situated) terminated. (Signed by Judge Lewis J. Liman on 8/4/2020) (va)
August 4, 2020 Opinion or Order Filing 60 LETTER addressed to Judge Lewis J. Liman from Steven Feldman dated August 4, 2020 re: Non-Opposition of Dismissal of Patrick Yang. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
July 30, 2020 Opinion or Order Filing 59 NOTICE OF VOLUNTARY DISMISSAL BY PLAINTIFF PATRICK YANG, PURSUANT TO FED. R. CIV. P. 41: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff Patrick Yang voluntarily dismisses his claim against Defendant Peloton Interactive, Inc. without prejudice. Plaintiff Patrick Yang's voluntary dismissal of his claims without prejudice will not affect the claims of any proposed class in this action, or the claims of any other Plaintiffs in this action. Rule 41 addresses dismissal of actions rather than dismissal of parties. The Court construes this application as one addressed to the Court's power under Rule 15 or Rule 21, or its inherent power. No later than 5:00 p.m. on August 4, 2020, Defendant shall file any opposition to the dismissal of Patrick Yang without prejudice., Patrick Yang terminated. (Signed by Judge Lewis J. Liman on 7/30/2020) (ama) Modified on 1/22/2021 (ama).
July 30, 2020 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #58 Notice of Voluntary Dismissal was reviewed and referred to Judge Lewis J. Liman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
July 29, 2020 Opinion or Order Filing 58 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Peloton Interactive, Inc.. Document filed by Patrick Yang. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Zigler, Aaron)
July 27, 2020 Opinion or Order Filing 57 OPINION & ORDER re: #47 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Steven Feldman dated June 23, 2020, filed by Peloton Interactive, Inc. For the foregoing reasons, Peloton's motion is GRANTED IN PART. The Clerk of Court is respectfully directed to terminate Dkt. No. 47. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/27/2020) (va)
July 20, 2020 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 7/20/2020 for an oral argument on Defendant's motion to take depositions of putative absent class members (Dkt. #27). Aaron Zigler, Adam Levitt, and Ashley Keller present by telephone for Plaintiffs. Sourabh Mishra, Haoxiaohan Cai, and Steven Feldman present by telephone for Defendant. Court reporter present by telephone. The Court heard arguments from both Plaintiffs and Defendant. Decision reserved, Order to follow. (mf)
July 14, 2020 Opinion or Order Filing 56 ORDER granting #55 Letter Motion to Continue. Application GRANTED. The parties shall appear for oral argument on July 20, 2020 at 1:00 p.m. They are directed to call (888) 251-2909 and use access code 2123101. Telephone Conference set for 7/20/2020 at 01:00 PM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 7/14/2020) (va)
July 14, 2020 Opinion or Order Filing 55 LETTER MOTION to Continue July 17, 2020 hearing date addressed to Judge Lewis J. Liman from Sourabh Mishra dated July 14, 2020. Document filed by Peloton Interactive, Inc...(Mishra, Sourabh)
July 14, 2020 Opinion or Order Filing 54 ORDER: IT IS HEREBY ORDERED that the parties shall appear for oral argument on Defendant's motion to take depositions of putative absent class members (Dkt. No. 27) on July 17, 2020 at 1:00 p.m. The argument will take place telephonically. The parties are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. ( Telephone Conference set for 7/17/2020 at 01:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/14/2020) (va)
July 10, 2020 Opinion or Order Filing 53 AMENDED CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #52 Letter Motion for Extension of Time to Complete Discovery. Dkt. No. 52 is GRANTED. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Any motion to amend or to join additional parties shall be filed no later than March 20, 2020. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is: if a class is certified, 5-7 days; if no class is certified, 4-6 days. (Signed by Judge Lewis J. Liman on 7/10/2020) (va) Modified on 7/10/2020 (va).
July 9, 2020 Opinion or Order Filing 52 JOINT LETTER MOTION for Extension of Time to Complete Discovery Deadlines addressed to Judge Lewis J. Liman from Steven Feldman dated July 9, 2020. Document filed by Peloton Interactive, Inc.. (Attachments: #1 [Proposed] Amended Case Management Plan and Scheduling Order).(Feldman, Steven)
June 30, 2020 Opinion or Order Filing 51 LETTER REPLY to Response to Motion addressed to Judge Lewis J. Liman from Steven Feldman dated June 30, 2020 re: #47 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Steven Feldman dated June 23, 2020. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
June 29, 2020 Opinion or Order Filing 50 NOTICE of Supplemental Authority re: #48 Response in Opposition to Motion,. Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang..(Gutzler, Greg)
June 28, 2020 Opinion or Order Filing 49 ORDER: The Court is in receipt of Defendant's motion to take remote depositions of 21 absent class members (Dkt. No. 47) and Plaintiffs response (Dkt. No. 48). No later than 5:00 p.m. on June 30, 2020, Defendant shall file a reply not to exceed two single-spaced pages. The reply should identify with particularity the legal arguments for which the depositions would provide relevant factual support. SO ORDERED. ( Replies due by 6/30/2020.) (Signed by Judge Lewis J. Liman on 6/28/2020) (va)
June 25, 2020 Opinion or Order Filing 48 LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis J. Liman from Adam J. Levitt dated June 25, 2020 re: #47 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Steven Feldman dated June 23, 2020. . Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang..(Gutzler, Greg)
June 23, 2020 Opinion or Order Filing 47 LETTER MOTION for Discovery addressed to Judge Lewis J. Liman from Steven Feldman dated June 23, 2020. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Declaration of Sourabh Mishra).(Feldman, Steven)
June 23, 2020 Opinion or Order Filing 46 NOTICE OF APPEARANCE by Haoxiaohan Helen Cai on behalf of Peloton Interactive, Inc...(Cai, Haoxiaohan)
June 18, 2020 Opinion or Order Filing 45 NOTICE OF APPEARANCE by Sourabh Mishra on behalf of Peloton Interactive, Inc...(Mishra, Sourabh)
June 11, 2020 Opinion or Order Filing 44 AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis J. Liman on 6/11/2020) (va)
June 11, 2020 Opinion or Order Filing 43 PROPOSED PROTECTIVE ORDER. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Proposed Protective Order, #2 Exhibit Redline).(Feldman, Steven)
April 17, 2020 Opinion or Order Filing 42 REPLY AFFIRMATION of Steven N. Feldman in Support re: #29 MOTION to Dismiss .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit October 21, 2009 Order, Serrano v. Cablevision Sys. Corp.).(Liston, Joshua)
April 17, 2020 Opinion or Order Filing 41 REPLY MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . . Document filed by Peloton Interactive, Inc...(Liston, Joshua)
April 13, 2020 Opinion or Order ***DELETED DOCUMENT. Deleted document number #41 JOINT LETTER. The document was incorrectly filed in this case. (ldi)
April 10, 2020 Opinion or Order Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/20/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
April 10, 2020 Opinion or Order Filing 39 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/20/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. 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. Redaction Request due 5/1/2020. Redacted Transcript Deadline set for 5/11/2020. Release of Transcript Restriction set for 7/9/2020..(McGuirk, Kelly)
April 10, 2020 Opinion or Order Filing 38 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Lewis J. Liman on 4/10/2020) (mro)
April 9, 2020 Opinion or Order Filing 37 PROPOSED PROTECTIVE ORDER. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Proposed Protective Order, #2 Exhibit Redline).(Liston, Joshua)
April 3, 2020 Opinion or Order Filing 36 RESPONSE in Opposition to Motion re: #29 MOTION to Dismiss . . Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang. (Attachments: #1 Exhibit A - Declaration of Patrick Yang).(Gutzler, Greg)
March 27, 2020 Opinion or Order Filing 35 ORDER granting #32 Letter Motion for Leave to File Document (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM)
March 27, 2020 Opinion or Order Filing 34 ORDER granting #33 Motion for Shannon M. Coit to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) Transmission to Attorney Services/Help Desk.
March 27, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Shannon M. Coit to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19255493. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
March 27, 2020 Opinion or Order Filing 33 MOTION for Shannon M. Coit to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19255493. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Proposed Order).(Liston, Joshua)
March 27, 2020 Opinion or Order Filing 32 JOINT LETTER MOTION for Leave to File proposed protective order addressed to Judge Lewis J. Liman from Steven N. Feldman dated March 27, 2020. Document filed by Peloton Interactive, Inc...(Liston, Joshua)
March 13, 2020 Opinion or Order Filing 31 DECLARATION of Gil Aronow in Support re: #29 MOTION to Dismiss .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit Terms of Service, #2 Exhibit J. Foley Letter, #3 Exhibit Form S-1, #4 Exhibit Subscription History, #5 Exhibit Order History).(Liston, Joshua)
March 13, 2020 Opinion or Order Filing 30 MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss . . Document filed by Peloton Interactive, Inc...(Liston, Joshua)
March 13, 2020 Opinion or Order Filing 29 MOTION to Dismiss . Document filed by Peloton Interactive, Inc...(Liston, Joshua)
March 3, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Adam Prom to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 2, 2020 Opinion or Order Filing 28 ORDER granting #27 Motion for Adam Prom to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) Transmission to Attorney Services/Help Desk.
March 2, 2020 Opinion or Order Filing 27 MOTION for Adam Prom to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang. (Attachments: #1 A. Prom Declaration in Support of Motion, #2 Certificate of Good Standing, #3 Proposed Order).(Prom, Adam)
February 24, 2020 Opinion or Order Filing 26 NOTICE of JOINT STIPULATED BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 20, 2020 Opinion or Order Filing 25 CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Any motion to amend or to join additional parties shall be filed no later than 3/20/2020. Fact Discovery due by 8/7/2020. Deposition due by 8/7/2020. Expert Discovery due by 8/7/2020. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is: if a class is certified, 5-10 days; no class is certified, 4-6 days. Motions due by 9/4/2020. Responses due by 10/2/2020. Replies due by 10/16/2020. (Signed by Judge Lewis J. Liman on 2/20/2020) (va)
February 20, 2020 Opinion or Order Filing 24 ORDER, Accordingly, IT IS HEREBY ORDERED that the following four individuals shall be dismissed from this case, as they were never intended to be parties to this litigation: Maryana Feigen, Travis Frost, Alana Sage, Skylar Werde. SO ORDERED. Alana Sage, Skylar Werde, Maryana Feigen and Travis Frost terminated. (Signed by Judge Lewis J. Liman on 2/20/2020) (kv)
February 20, 2020 Opinion or Order Filing 23 ORDER granting #22 Motion for Ashley Artmann to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (MM) Transmission to Attorney Services/Help Desk.
February 20, 2020 Opinion or Order Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 2/20/2020. Aaron Zigler and Adam Levitt present for Plaintiffs. Steven Feldman, Joshua Liston and Ashley Artmann present for Defendant. Court reporter present. (mf)
February 19, 2020 Opinion or Order Filing 22 MOTION for Ashley Artmann to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 A. Artmann Declaration, #2 Certificate of Good Standing, #3 Proposed Order).(Liston, Joshua)
February 19, 2020 Opinion or Order Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adam Prom to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18845929. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang. (Attachments: #1 Affidavit / Declaration of Adam Prom in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order [Proposed] Order re Motion for Admission Pro Hac Vice).(Prom, Adam) Modified on 2/19/2020 (bcu).
February 19, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Adam Prom to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18845929. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
February 19, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Ashley Artmann to Appear Pro Hac Vice (Corrected) Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
February 18, 2020 Opinion or Order Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY -
February 18, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Ashley Artmann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18836912. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MUST PROPERLY LABEL: MOTION, AFFIDAVIT, PROPOSED ORDER;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
February 13, 2020 Opinion or Order Filing 19 NOTICE of Intent to File a Motion to Dismiss Pursuant to ECF No. 16 re: #16 Order for Initial Pretrial Conference. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 13, 2020 Opinion or Order Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
February 10, 2020 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Aaron M. Zigler on behalf of Eric Fishon..(Zigler, Aaron)
February 5, 2020 Opinion or Order Filing 16 ORDER: Initial Conference set for 2/20/2020 at 11:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/5/2020) (ks)
February 4, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Jed S. Rakoff is no longer assigned to the case..(wb)
January 23, 2020 Opinion or Order Filing 15 ORDER RE MOTION FOR ADMISSION PRO HAC VICE granting #13 Motion for Ashley C. Keller to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 1/22/2020) (jwh)
January 23, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Initial Conference set for 2/20/2020 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda)
January 21, 2020 Opinion or Order Filing 14 ORDER RE MOTION FOR ADMISSION PRO HAC VICE granting #11 Motion for Sourabh Mishra to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 1/19/2020) (jwh)
January 21, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Ashley C. Keller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18544500. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 20, 2020 Opinion or Order Filing 13 MOTION for Ashley C. Keller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18544500. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang, Maryana Feigen, Travis Frost, Alana Sage, Skylar Werde. (Attachments: #1 Declaration of Ashley C. Keller, #2 Certificate of Good Standing, #3 Proposed Order)(Keller, Ashley)
January 17, 2020 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Marshall Alan Camp on behalf of Peloton Interactive, Inc.. (Camp, Marshall)
January 16, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Sourabh Mishra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18514934. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
January 15, 2020 Opinion or Order Filing 11 MOTION for Sourabh Mishra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18514934. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit S. Misha Declaration, #2 Exhibit Certificate of Good Standing, #3 Exhibit Proposed Order)(Liston, Joshua)
January 15, 2020 Opinion or Order Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peloton Interactive, Inc..(Liston, Joshua)
January 10, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/10/2020. (Kotowski, Linda)
January 9, 2020 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Steven Nathaniel Feldman on behalf of Peloton Interactive, Inc.. (Feldman, Steven)
January 9, 2020 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Joshua Donovan Liston on behalf of Peloton Interactive, Inc.. (Liston, Joshua)
January 8, 2020 Opinion or Order Filing 7 NOTICE OF COURT CONFERENCE: Initial Conference set for 1/24/2020 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 1/8/2020) (jwh)
December 27, 2019 Opinion or Order Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Peloton Interactive, Inc. waiver sent on 12/26/2019, answer due 2/24/2020. Document filed by Eric Fishon; Patrick Yang; Alicia Pearlman. (Gutzler, Greg)
December 23, 2019 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Adam J Levitt on behalf of Eric Fishon, Alicia Pearlman, Patrick Yang. (Levitt, Adam)
December 23, 2019 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Peloton Interactive, Inc.. (pc)
December 23, 2019 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Peloton Interactive, Inc,, re: #1 Complaint. Document filed by Eric Fishon, Alicia Pearlman, Patrick Yang. (Gutzler, Greg)
December 23, 2019 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Gutzler, Greg)
December 23, 2019 Opinion or Order Filing 1 COMPLAINT against Peloton Interactive, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-18344872)Document filed by Eric Fishon, Patrick Yang, Alicia Pearlman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gutzler, Greg)
December 23, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Greg G Gutzler. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
December 23, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Greg G Gutzler. The party information for the following party/parties has been modified: Eric Fishon, Patrick Yang, Alicia Pearlman. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
December 23, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Greg G Gutzler. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:294; Nature of Suit code 190 (Contract: Other); Dollar Demand blank; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 195 (Contract Product Liability); the Dollar Demand has been modified to $5,000,000; the Fee Status code has been modified to pd (paid);. (pc)
December 23, 2019 Opinion or Order Case Designated ECF. (pc)
December 23, 2019 Opinion or Order Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
December 23, 2019 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pc)
December 23, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Greg G Gutzler to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 12/30/2019. (pc)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Fishon et al v. Peloton Interactive, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Alicia Pearlman
Represented By: Adam J Levitt
Represented By: Ashley C. Keller
Represented By: Greg G Gutzler
Represented By: Farzin Franklin Amanat
Represented By: Aaron M. Zigler
Represented By: Adam Prom
Represented By: Benjamin J Whiting
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Patrick Yang
Represented By: Adam J Levitt
Represented By: Ashley C. Keller
Represented By: Greg G Gutzler
Represented By: Adam Prom
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Eric Fishon
Represented By: Adam J Levitt
Represented By: Aaron M. Zigler
Represented By: Ashley C. Keller
Represented By: Greg G Gutzler
Represented By: Farzin Franklin Amanat
Represented By: Adam Prom
Represented By: Benjamin J Whiting
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Travis Frost
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Skylar Werde
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Alana Sage
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Maryana Feigen
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Eric Passman
Represented By: Benjamin J Whiting
Represented By: Aaron M. Zigler
Represented By: Alex J Dravillas
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Ishmael Alvarado
Represented By: Benjamin J Whiting
Represented By: Aaron M. Zigler
Represented By: Alex J Dravillas
Represented By: Charles Francis Dender
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Peloton Interactive, Inc.
Represented By: Steven Nathaniel Feldman
Represented By: Joshua Donovan Liston
Represented By: Marshall Alan Camp
Represented By: Lilia Borislavova Vazova
Represented By: William Oliver Reckler
Represented By: William J. Trach
Represented By: Alexis Kellert Godfrey
Represented By: Haoxiaohan Helen Cai
Represented By: Megan Alicia Behrman
Represented By: Shannon Marie Coit
Represented By: Sourabh Mishra
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?