| Peloton Was Sued For
Deleting 50% Of Online Library but Case Stayed
for Motion to Dismiss
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
May 9 – Peloton Interactive
has been sued for the
"impermissible and
self-serving deletion of 57%
of its on-demand fitness class
library.
On July 20, 2020
U.S. District Court for the
Southern District of New York
Judge Lewis J. Liman held a
proceeding, which Inner City
Press covered.
It was
pointed out that of the
plaintiffs at issue, less than
five percent were "digital
only."
Others bought
bikes or other equipment.
Judge Liman said the argument,
set for half an hour, was
helpful.
Jump cut to
September 16, 2021, when the
plaintiff filed with class
certification motion, with
redactions: "a pop up
advertisement touting
Defendant's [REDACTED]."
If is was a
pop-up ad, how can this
content be sealed?
On January 11,
2022, Judge Liman held another
proceeding, and Inner City
Press again covered it. Now
named lead plaintiff Eric
Fishon is eyed for ouster, for
falsely claiming to be a
lawyer. The plaintiffs'
counsel said ouster was not
necessary, but that the case
would go forward regardless.
Fishon's angry claim, "I'm a
lawyer!" - was explained as an
attempt to get faster
delivery.
On May 9, 2022,
Judge Liman held another
proceeding. Peloton's request
was to stay discovery pending
their motion to dismiss. Judge
Liman took a brief pause then
returned to say that discovery
will be stayed and that he
will rule on the motion to
dismiss soon, in a few months.
The case is
Fishon et al v. Peloton
Interactive, Inc., 19-cv-11711
(Liman)
***
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