Skillern et al v. Peloton Interactive, Inc.
| Brannon Skillern, Ryan Corken, Michael Litvin and Kathy Litvin |
| Peloton Interactive, Inc. |
| 1:2021cv06808 |
| August 12, 2021 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
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Filing 60
OPINION AND ORDER: re: #43 MOTION to Compel Arbitration. MOTION to Dismiss Plaintiffs' Claims filed by Peloton Interactive, Inc. For the foregoing reasons, Peloton's motion to compel arbitration is GRANTED and the motion to dismiss is DENIED without prejudice. This action is hereby STAYED pending arbitration, and the parties are directed to advise the Court within 48 hours of the outcome of the arbitration. The Clerk of Court is respectfully directed to terminate the motion, Doc. 43. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 8/29/2022) (ama)
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Case Stayed (ama)
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Filing 59
LETTER addressed to Judge Edgardo Ramos from Krysta Kauble Pachman dated 02/28/2022 re: Joining Defendant Peloton's Dkt 58 Request for Oral Argument. Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Kauble Pachman, Krysta)
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Filing 58
LETTER addressed to Judge Edgardo Ramos from Steven N. Feldman dated February 22, 2022 re: Oral Argument. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 57
DECLARATION of Michael Stanton in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 56
DECLARATION of David Packles in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Bike Sign-Up Screen, #2 Exhibit B - Bike TOS Screen).(Feldman, Steven)
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Filing 55
REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 54
DECLARATION of Brannon Skillern in Opposition re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 53
DECLARATION of Michael Litvin in Opposition re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 52
DECLARATION of Kathy Litvin in Opposition re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 51
DECLARATION of Ryan Corken in Opposition re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 50
DECLARATION of Jesse-Justin Cuevas in Opposition re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern. (Attachments: #1 Exhibit 1-AAA Consumer Arbitration Rules, #2 Exhibit 2-JAMS Streamlined Rules, #3 Exhibit 3-JAMS Arbitration Schedule of Fees, #4 Exhibit 4-Counsel Correspondence).(Cuevas, Jesse-Justin)
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Filing 49
RESPONSE in Opposition to Motion re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims. . Document filed by Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 48
NOTICE OF APPEARANCE by Benjamin J Whiting on behalf of Ryan Corken, Kathy Litvin, Michael Litvin, Brannon Skillern..(Whiting, Benjamin)
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Filing 47
DECLARATION of Jean A. Pawlow in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Corken Account Info Email).(Feldman, Steven)
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Filing 46
DECLARATION of Zulay Olivo in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Skillern Email Record, #2 Exhibit B - Corken Email Record, #3 Exhibit C - Peloton TOS Email).(Feldman, Steven)
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Filing 45
DECLARATION of Daniel Feinberg in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims.. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Peloton Terms of Service, #2 Exhibit B - Peloton Website Sign-up Screen, #3 Exhibit C - Peloton Mobile Sign-up Screen (iPhone), #4 Exhibit D - Peloton Mobile Sign-up Screen (Android), #5 Exhibit E - Peloton December 27, 2019 Terms of Service, #6 Exhibit F - Skillern Account Record, #7 Exhibit G - Corken Account Record, #8 Exhibit H - Litvins Account Record, #9 Exhibit I - Peloton Membership Terms).(Feldman, Steven)
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Filing 44
MEMORANDUM OF LAW in Support re: #43 MOTION to Compel Arbitration . MOTION to Dismiss Plaintiffs' Claims. . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 43
MOTION to Compel Arbitration ., MOTION to Dismiss Plaintiffs' Claims. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 42
ORDER: granting #41 Letter Motion for Leave to File Excess Pages. The Application is Granted. (Signed by Judge Edgardo Ramos on 1/07/2022) (ama)
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Filing 41
LETTER MOTION for Leave to File Excess Pages addressed to Judge Edgardo Ramos from Steven N. Feldman dated January 7, 2022. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 40
AMENDED COMPLAINT amending #1 Complaint, against Peloton Interactive, Inc. with JURY DEMAND.Document filed by Brannon Skillern, Ryan Corken, Michael Litvin, Kathy Litvin. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1 - Peloton Terms of Service, #2 Exhibit 2 - 2019-11-14 letter from AAA to Peloton).(Ard, Seth)
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Filing 39
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by the Parties that Plaintiffs will file a First Amended Class Action Complaint on December 14, 2021. Peloton will file a motion to compel and/or to dismiss Plaintiffs' claims by January 11, 2022. Plaintiffs will file an opposition to Peloton's motion by February 8, 2022. Peloton will file a reply in support of its motion by February 22, 2022. The original motion to compel arbitration and to dismiss, Doc. 32, is also now denied as moot. The Clerk of Court is respectfully requested to terminate the motion, Doc. 32. IT IS SO ORDERED., ( Amended Pleadings due by 12/14/2021., Motions due by 1/11/2022., Responses due by 2/8/2022, Replies due by 2/22/2022.), Motions terminated: #32 MOTION to Compel Arbitration . MOTION to Dismiss . filed by Peloton Interactive, Inc.. (Signed by Judge Edgardo Ramos on 12/13/2021) (ama)
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Filing 38
PROPOSED STIPULATION AND ORDER. Document filed by Ryan Corken, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 37
ORDER granting #29 Motion for Gregory B. in den Berken to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 36
DECLARATION of Jean A. Pawlow in Support re: #32 MOTION to Compel Arbitration . MOTION to Dismiss .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Corken Account Info Email).(Feldman, Steven)
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Filing 35
DECLARATION of Zulay Olivo in Support re: #32 MOTION to Compel Arbitration . MOTION to Dismiss .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Skillern Email Record, #2 Exhibit B - Corken Email Record, #3 Exhibit C - Peloton TOS Email).(Feldman, Steven)
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Filing 34
DECLARATION of Daniel Feinberg in Support re: #32 MOTION to Compel Arbitration . MOTION to Dismiss .. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Exhibit A - Peloton Terms of Service, #2 Exhibit B - Peloton Website Sign-up Screen, #3 Exhibit C - Peloton Mobile Sign-up Screen (iPhone), #4 Exhibit D - Peloton Mobile Sign-up Screen (Android), #5 Exhibit E - Peloton December 27, 2019 Terms of Service, #6 Exhibit F - Skillern Account Record, #7 Exhibit G - Corken Account Record).(Feldman, Steven)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Compel Arbitration . MOTION to Dismiss . . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 32
MOTION to Compel Arbitration ., MOTION to Dismiss . Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Gregory B. in den Berken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25246474. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 31
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 11/2/2021 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... (vfr)
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Filing 30
TRANSCRIPT of Proceedings re: Telephone Conference held on 11/2/2021 before Judge Edgardo Ramos. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/2/2022. (vfr)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 11/2/2021 by telephone. Plaintiffs' and Defendant's counsel present. Defendant granted leave to file a motion to compel arbitration and to dismiss with the following briefing schedule: moving papers due November 23, 2021; responses due December 14, 2021; and replies due December 21, 2021. (jar)
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Filing 29
MOTION for Gregory B. in den Berken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25246474. 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 - Certificates of Good Standing, #3 Text of Proposed Order).(IN Den Berken, Gregory)
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Filing 28
ORDER granting #24 Motion for Michael E. Bern to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 27
ORDER granting #23 Motion for Jean A. Pawlow to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos) (Text Only Order) (jar)
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Filing 26
ORDER granting #22 Motion for William J. Trach to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 25
ORDER granting #18 Letter Motion for Conference. A pre-motion conference will be held on November 2, 2021, at 10 a.m. by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for William J. Trach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25222732. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Jean A. Pawlow 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)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Michael E. Bern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25223275. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 24
MOTION for Michael E. Bern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25223275. 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 - Certificates of Good Standing, #3 Text of Proposed Order).(Bern, Michael)
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Filing 23
MOTION for Jean A. Pawlow 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 - Certificates of Good Standing, #3 Text of Proposed Order).(Pawlow, Jean)
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Filing 22
MOTION for William J. Trach to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25222732. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Declaration in Support of Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Trach, William)
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Pro Hac Vice Fee Paid electronically via Pay.gov: for #23 MOTION for Jean A. Pawlow to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00. Pay.gov receipt number ANYSDC-25222886, paid on 10/20/2021. (aea)
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Filing 21
LETTER RESPONSE in Opposition to Motion addressed to Judge Edgardo Ramos from Jesse-Justin Cuevas dated 10-15-21 re: #18 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Steven N. Feldman dated October 7, 2021. . Document filed by Ryan Corken, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 20
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by the parties that the time for Plaintiffs Brannon Skillern and Ryan Corken to respond to Defendant Peloton Interactive, Inc.'s Request for Pre-Motion Conference, Dkt. 18, is extended to October 15, 2021. IT IS SO ORDERED., ( Responses due by 10/15/2021) (Signed by Judge Edgardo Ramos on 10/08/2021) (ama)
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Filing 19
PROPOSED STIPULATION AND ORDER. Document filed by Ryan Corken, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 18
LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Steven N. Feldman dated October 7, 2021. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 17
NOTICE OF APPEARANCE by Krysta Kauble Pachman on behalf of Ryan Corken, Brannon Skillern..(Kauble Pachman, Krysta)
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Filing 16
ORDER granting #12 Motion for Krysta Kauble Pachman to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 15
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED by the parties that the time for Defendant Peloton Interactive, Inc. ("Peloton") to respond to the complaint is extended to October 8, 2021. The Clerk of Court is respectfully directed to terminate the motion. Doc. 13. SO ORDERED. (Peloton Interactive, Inc. answer due 10/8/2021.), Motions terminated: #13 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Edgardo Ramos from Steven N. Feldman dated September 1, 2021. filed by Peloton Interactive, Inc. (Signed by Judge Edgardo Ramos on 9/1/21) (yv)
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Filing 14
PROPOSED STIPULATION AND ORDER. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 13
CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Edgardo Ramos from Steven N. Feldman dated September 1, 2021. Document filed by Peloton Interactive, Inc.. (Attachments: #1 Stipulation and [Proposed] Order).(Feldman, Steven)
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Filing 12
MOTION for Krysta Kauble Pachman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25010051. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Corken, Brannon Skillern. (Attachments: #1 Affidavit of Krysta Kauble Pachman, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Kauble Pachman, Krysta)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Peloton Interactive, Inc...(Feldman, Steven)
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Filing 10
NOTICE OF APPEARANCE by Steven Nathaniel Feldman on behalf of Peloton Interactive, Inc...(Feldman, Steven)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Krysta Kauble Pachman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25010051. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 9
NOTICE OF APPEARANCE by Jesse-Justin Cuevas on behalf of Ryan Corken, Brannon Skillern..(Cuevas, Jesse-Justin)
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Filing 8
ORDER granting #6 Motion for Jesse-Justin Cuevas to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 7
AFFIDAVIT OF SERVICE of Summons and Complaint; Civil Cover Sheet served on Peloton Interactive, Inc. on Aug. 16, 2021. Document filed by Ryan Corken, Brannon Skillern..(Ard, Seth)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Jesse-Justin Cuevas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24940314. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 6
MOTION for Jesse-Justin Cuevas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24940314. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Corken, Brannon Skillern. (Attachments: #1 Affidavit of Jesse-Justin Cuevas, #2 Certificate of Standing, #3 Proposed Order).(Cuevas, Jesse-Justin)
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Filing 5
CIVIL COVER SHEET filed..(Ard, Seth)
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Filing 4
ELECTRONIC SUMMONS ISSUED as to Peloton Interactive, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Seth D. Ard. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Seth D. Ard to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(jgo)
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Magistrate Judge Gabriel W. Gorenstein 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to PELOTON INTERACTIVE, INC., re: #1 Complaint,. Document filed by Ryan Corken, Brannon Skillern..(Ard, Seth)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Ard, Seth) Modified on 8/13/2021 (jgo).
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Filing 1
COMPLAINT against Peloton Interactive, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24927802)Document filed by Brannon Skillern, Ryan Corken. (Attachments: #1 Exhibit 1 - Peloton Terms of Service, #2 Exhibit 2 - 2019-11-14 Letter from AAA to Peloton).(Ard, Seth)
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