S.S.

I. INTRODUCTION

22 Plaintiff S.S., a minor, by and through his Guardian ad Litem Eunjin Stern (“S.S.”); 23 Eunjin Stern, an individual (“Mrs. Stern”); and William Stern, an individual (“Mr. Stern”) 24 (collectively, “Plaintiffs”) bring this action against Defendant Peloton Interactive, Inc., a 25 Delaware corporation (“Peloton”) for injuries allegedly sustained in connection with 26 Defendant’s Tread+ treadmill (the “Tread+”). Before the Court are the parties’ respective 27 Briefs outlining various pretrial objections. See ECF Nos. 92, 93. The briefing was 28 submitted on the papers without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. ECF No. 102. After considering the papers submitted, supporting documentation, and applicable law, the Court: (1) DENIES- IN-PART Peloton’s Pretrial Brief; and (2) DENIES Plaintiffs’ Pretrial Brief. II. BACKGROUND A. Statement of Facts According to the Complaint, around March 2020, while Mr. Stern was exercising on the Tread+, his three-year-old son, S.S., approached the rear of the machine without Mr. Stern’s knowledge. ECF No.…