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S.D.N.Y.Procedural orderFiled Feb. 1, 2022

Fishon v. Peloton Interactive, Inc.

Judge
Lorna Schofield
Docket
1:19-cv-11711
Court
U.S. District Court · Southern District of New York
Pages
10
Civil ProcedureDiscovery
In one sentence

In Fishon v. Peloton Interactive, Inc., Judge Liman granted a joint sealing motion except for Eric Fishon’s name in Exhibit 29.

Who this affects

Peloton Interactive, Inc., the plaintiffs and proposed class, Eric Fishon, individuals whose personal information appeared in the documents, and members of the public seeking access to the court filings.

What happened

Fishon v. Peloton Interactive, Inc. involved a joint request to redact or seal documents filed during proceedings about class certification and expert testimony. The parties sought to protect Peloton’s confidential business information and individuals’ private information.

The court granted the motion with one exception: Eric Fishon’s name in Defendant’s Exhibit 29 had to remain unredacted. The court approved all other requested redactions and requests to file documents under seal.

Judge Lewis J. Liman issued the order. The ruling addressed public access to court documents, confidential business information, and personal identifying information; it did not decide the underlying class-certification or expert-testimony issues.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Fishon v. Peloton Interactive, Inc. · No. 1:19-cv-11711
Judge
Lorna Schofield
Date
Feb. 1, 2022

Background

The parties jointly asked the court to redact or seal documents previously filed in connection with the plaintiffs’ motion for class certification, the plaintiffs’ reply, and Peloton’s motion to exclude the plaintiffs’ experts’ testimony. The requested protections covered confidential consumer and market research, financial and business information, pricing and budgeting information, competitor analysis, product-development information, website code, brand strategy, marketing plans, and personal identifying information.

The parties also asked that some documents remain entirely under seal because, they said, redacting them would leave nothing meaningful for the public to read. They did not oppose unsealing other exhibits previously submitted for sealing. The request was made under the court’s individual practices and a prior January 21, 2022 order.

Court’s ruling

The court granted the motion with one exception. Eric Fishon’s name appearing in Defendant’s Exhibit 29, originally filed at Docket No. 142-1, was to be unredacted. The court approved all other requested redactions and requests to file documents under seal.

The order therefore allowed the parties to protect the specified confidential business information and private information while requiring Fishon’s name in that exhibit to remain public. The opinion did not rule on class certification, the admissibility of expert testimony, or the underlying claims.

Classification

This is a procedural order concerning sealing and redaction of court filings. It did not decide the merits of the dispute.

The authoritative version

Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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