Kimberly Sutton, Zainab Salman, David Ramirez, and Tyler Baker, individually and on behalf of all others similarly situated v. Ted Foundation, Inc.

S.D. New York

Kimberly Sutton, Zainab Salman, David Ramirez, and Tyler Baker, individually and on behalf of all others similarly situated v. Ted Foundation, Inc.

District Court, S.D. New York·Decided December 17, 2025·No. 1:23-cv-09219·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KIMBERLY SUTTON, ZAINAB SALMAN, DAVID RAMIREZ, and TYLER BAKER, individually and on behalf of all others similarly situated, Plaintiffs, 23-CV-9219 (DEH) v. ORDER TED FOUNDATION, INC., Defendant.

DALE E. HO, United States District Judge: In preparation for Friday’s hearing, the Parties are hereby DIRECTED to be prepared to address the Second Circuit’s decisions in Solomon v. Flipps Media, Inc., 136 F.4th 41, 54 (2d Cir. 2025) and Hughes v. Nat'l Football League, Case No. 24-2656, 2025 WL 1720295, at *3 (2d Cir. June 20, 2025) (summary order), including the many recent cases applying this decision from this District. See Simon v. Scripps Networks, LLC, 24 Civ. 8175, 2025 WL 3167915, at *7 (S.D.N.Y. Nov. 13, 2025) (collecting cases); see also Salazar v. Nat'l Basketball Ass'n, 22 Civ. 7935, 2025 WL 2830939, at *5 (S.D.N.Y. Oct. 6, 2025) (“Because an ordinary person would not plausibly be able to identify Plaintiff's video-watching habits as a result of the Pixel transmissions, Plaintiff has not plausibly alleged that the NBA disclosed personally identifiable information in violation of the VPPA.”). SO ORDERED. Dated: December 17, 2025 New York, New York

DALE E. HO United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KIMBERLY SUTTON, ZAINAB SALMAN, DAVID RAMIREZ, and TYLER BAKER, individually and on behalf of all others similarly situated, Plaintiffs, 23-CV-9219 (DEH) v. ORDER TED FOUNDATION, INC., Defendant.

DALE E. HO, United States District Judge: In preparation for Friday’s hearing, the Parties are hereby DIRECTED to be prepared to address the Second Circuit’s decisions in Solomon v. Flipps Media, Inc., 136 F.4th 41, 54 (2d Cir. 2025) and Hughes v. Nat'l Football League, Case No. 24-2656, 2025 WL 1720295, at *3 (2d Cir. June 20, 2025) (summary order), including the many recent cases applying this decision from this District. See Simon v. Scripps Networks, LLC, 24 Civ. 8175, 2025 WL 3167915, at *7 (S.D.N.Y. Nov. 13, 2025) (collecting cases); see also Salazar v. Nat'l Basketball Ass'n, 22 Civ. 7935, 2025 WL 2830939, at *5 (S.D.N.Y. Oct. 6, 2025) (“Because an ordinary person would not plausibly be able to identify Plaintiff's video-watching habits as a result of the Pixel transmissions, Plaintiff has not plausibly alleged that the NBA disclosed personally identifiable information in violation of the VPPA.”). SO ORDERED. Dated: December 17, 2025 New York, New York

DALE E. HO United States District Judge

Kimberly Sutton, Zainab Salman, David Ramirez, and Tyler Baker, individually and on behalf of all others similarly situated v. Ted Foundation, Inc., (S.D.N.Y. 2025).

Pincite

Kimberly Sutton, Zainab Salman, David Ramirez, and Tyler Baker, individually and on behalf of all others similarly situated v. Ted Foundation, Inc. (Kimberly Sutton, Zainab Salman, David Ramirez, and Tyler Baker, individually and on behalf of all others similarly situated v. Ted Foundation, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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