`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`PELOTON INTERACTIVE, INC.,
`
`v.
`
`iFIT, INC.
`
`Plaintiff,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`C.A. No. 20-662 (RGA)
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`STIPULATION AND [PROPOSED] ORDER OF DISMISSAL
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`WHEREAS Plaintiff Peloton Interactive, Inc. and Defendant iFIT, Inc. have entered into a
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`Settlement Agreement dated May 15, 2022 (the “Agreement”) to resolve this action;
`
`THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties that, subject
`
`to the terms of the Agreement, and approval of the Court:
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`1) Counts I–V1 of Peloton’s Complaint (D.I. 1) are dismissed WITH PREJUDICE
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`pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii);
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`2) Counts I–IV of iFIT’s First Amended Counterclaims (D.I. 27) are dismissed WITH
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`PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii);
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`3) Counts V–VIII of iFIT’s First Amended Counterclaims (D.I. 27) are dismissed
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`WITHOUT PREJUDICE pursuant
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`to Federal Rule of Civil Procedure
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`41(a)(1)(A)(ii);
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`1 For clarity, because D.I. 1 contains two Count IVs, Count IV and V are as follows for the purpose
`of this stipulation: Count IV of D.I. 1 is considered Peloton’s claim of “Violation of Section 43(a)
`of the Lanham Act.” Count V of D.I. 1 is considered Peloton’s claim of “Violation of California’s
`Unfair Competition (“UCL”), Business and Professions Code § 17200 et seq.”
`
`
`
`Case 1:20-cv-00662-RGA Document 307 Filed 05/16/22 Page 2 of 2 PageID #: 9311
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`4) Pending Count IX of iFIT’s Second Amended and Supplemental Counterclaims
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`and Supplemental Affirmative defenses (D.I. 289 & 290) are dismissed WITHOUT
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`PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii);
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`5) each party is responsible for its own attorneys’ fees and costs associated with this
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`action; and
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`6)
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`this Court shall retain jurisdiction over this matter with respect to disputes
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`concerning the interpretation or enforcement of the Agreement.
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`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
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`RICHARDS, LAYTON & FINGER, P.A.
`
`/s/ Michael J. Flynn
`
`Michael J. Flynn (#5333)
`Anthony D. Raucci (#5948)
`1201 N. Market Street
`P. O. Box 1347
`Wilmington, DE 19801
`(302) 658-9200
`mflynn@morrisnichols.com
`araucci@morrisnichols.com
`
`Attorneys for Plaintiff
`
`May 16, 2022
`
`/s/ Frederick L. Cottrell, III
`
`Frederick L. Cottrell, III (#2555)
`Christine D. Haynes (#4697)
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlf.com
`haynes@rlf.com
`
`Attorneys for Defendant
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`IT IS SO ORDERED this
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`
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` day of
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`, 2022.
`
`UNITED STATES DISTRICT JUDGE
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`2
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`
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