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United States District Court for the Central District of California
February 8, 2023, Decided; February 8, 2023, Filed
CV 22-3368-MWF (E)
Proceedings (In Chambers): ORDER RE: DEFENDANT PELOTON INTERACTIVE, INC.'S MOTION TO DISMISS AND STAY SECOND AMENDED COMPLAINT 
Before the Court is Defendant Peloton Interactive, Inc. ("Peloton's") Motion to Dismiss and Stay Plaintiffs' Second Amended Complaint ("Motion"), filed on December 20, 2022. (Docket No. 48). Plaintiffs Mitchell McKinnon et al filed an Opposition ("Opp.") on January 13, 2023. (Docket No. 50). Defendant filed a Reply on January 23, 2023. (Docket No. 51).
Defendant also filed a Request for Judicial Notice ("RJN") on December 20, 2022. (Docket No. 49).
The Court has read and considered the Motion and held a hearing on February 6, 2023.
The Court rules as follows:
• The Motion to Dismiss is DENIED as to Plaintiffs' First Cause of Action. Plaintiffs allegations identifying tasks for which they were not paid and two-week pay periods where they worked [*3] more than eight hours in a day and forty hours in a week make their overtime and minimum wage claims sufficiently plausible under the Landers standard. Additionally, Defendant's personal jurisdiction challenge with respect to out-of-state employees in Plaintiffs' proposed collective is not yet ripe for resolution and DENIED without prejudice.
• The Motion to Stay is GRANTED as to the First Cause of Action. The First Cause of Action is STAYED pending the outcome of Mark Cohen v. Peloton Interactive, Inc. et al, Case No. 22-cv-1425-MWF (Ex). Plaintiffs may file a request to lift the stay if the putative class in Cohen is narrowed to exclude warehouse workers.
• The RJN is GRANTED. The Court determines that the exhibit attached to Peloton's RJN is a matter of public record and is not being offered to prove the truth of the facts contained within. Accordingly, the Court takes judicial notice of the Second Amended Complaint in the Cohen action. See Reyn's Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 n.6 (9th Cir. 2006) (the Court may take judicial notice of court filings and other matters of public record). The Court does not accept the truth of the facts contained in those filings.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2023 U.S. Dist. LEXIS 21747 *
Mitchell McKinnon et al v. Peloton Interactive, Inc.
Prior History: McKinnon v. Peloton Interactive, Inc., 2022 U.S. Dist. LEXIS 235981 (C.D. Cal., Nov. 14, 2022)
allegations, overtime, minimum wage, argues, employees, first-to-file, parties, breaks, personal jurisdiction, meal, overtime wages, forty hour, courts, motion to dismiss, hours worked, warehouse, putative class, eight hours, pay period, certification, determines, similarity, regularly, workweek, tolling, cases, tasks, substantially similar, required to work, nationwide