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Fitness chain sued over ear

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Fitness chain sued over ear

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One woman said the sound was “like a dripping tap… it’s a ‘thump, thump, thump.’ You can’t get it out of your mind, and you just lay there listening to it.” In British Columbia, a neighbor has lodged nearly 200 complaints with authorities since 2019, telling a tribunal that the music was so loud, her dishes clattered with the beat. When the noise emanating at 5 a.m. from an F45 “a few doors down” became too much to bear for a Blenheim, a New Zealand man, he found himself in handcuffs after confronting the gym’s owners, telling police that “he was tired of being woken up so early,” according to Stuff NZ. And a Brooklyn man who circulated an online petition about the F45 studio in his building claimed to be hearing gym sounds “even when we’re in other locations because we’re so used to hearing them at home.”The “pulsating” sounds start before the sun rises, waking upstairs residents “with the deep bass of the music causing their beds to vibrate,” and last until 5 or 6 p.m., according to the complaint.“Perlman has also suffered severe bouts of fatigue caused by the poor sleep quality she experiences as a result of her anxiety, and because of the constant disruptions to her sleep due to noise from the Gym,” the complaint states. “The situation has left Perlman dreading to come home to her own apartment.”Your support makes all the difference.

It says old friends from out of town who used to visit Perlman regularly have stopped doing so because they simply can’t get a decent night’s rest at her place. As for Timoll, working from home is now untenable because her dog gets so agitated by the noise, making phone calls an impossibility. Both say they have lost roommates due to the noise, reducing their incomes and causing them each to fall behind on their rent.An audio specialist sent by F45 and franchise owner Club Sports Group to Perlman’s apartment to take measurements told her the noise was indeed “a nuisance,” the complaint says.“On any given day, Plaintiffs cannot watch television or listen to their own music in their apartments because of the unreasonably loud music from the Gym below,” the complaint goes on.

Actor Mark Wahlberg (left), seen here with F45 Founder and CEO Adam Gilchrist, owns several F45 franchises in the Boston area“This is a simple matter to correct,” the letter stated. “Just lower the music, there is no need for the deafening sound levels.”
Actor Mark Wahlberg (left), seen here with F45 Founder and CEO Adam Gilchrist, owns several F45 franchises in the Boston area (Getty Images for F45 Training)

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it’s investigating the financials of Elon Musk’s pro-Trump PAC or producing our latest documentary, ‘The A Word’, which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.F45 Training, a publicly traded company, has more than 3,300 CrossFit-style studios globally, including a series of Boston locations owned by actor Mark Wahlberg. The gyms have infuriated people across the world, who specifically call out the bone-shaking low-end frequencies heard during classes as a singularly demonic force.For event planner, gallerist, and standup comedian Susannah Perlman, who works from her second-floor apartment near Union Square, the drawn-out battle against the gym’s “absurdly loud music and noise” has caused “severe anxiety, depression, and increased stress levels,” according to the complaint.

A chart showing some of the noise-level readings taken in the apartments above a Union Square-area F45 Training studioIn their complaint, Perlman and co-plaintiff Francoise Timoll, a real estate appraiser who lives and works in an apartment next door, contend, “Powerful bass from the music played by the Gym [makes] the walls and floors of Plaintiffs’ second-floor apartments vibrate and windows rattle,” and say “items on shelves and tables in their apartments shake.”
A chart showing some of the noise-level readings taken in the apartments above a Union Square-area F45 Training studio (NYS Supreme Court)

An Australian fitness chain notorious for blasting an ear-splitting soundtrack is now open in New York City, where neighbors claim the incessant racket — which allegedly begins as early as 6 a.m. and can be up to five times the legal noise limit — is akin to punishment inflicted on POWs by enemy soldiers.Attorney Serge Ambroise, who is representing Perlam and Timoll, told The Independent that he would not be able to comment until getting the go-ahead from his clients. F45 and CSG representatives did not respond to multiple requests for comment.Still, it alleges, “the unreasonable volume levels for the noise and music from the Gym [have] remained unchanged.” It concludes that F45 and CSG’s “absolute and ongoing refusal to properly address the problem reveals a malicious intent… and a wanton disregard for Plaintiffs’ rights, safety, and health.”Further, according to the complaint, a pair of NYPD officers who served a second noise summons to F45 told Perlman that “the F45 US-NYC class that had been in progress during their visit made Plaintiff Perlman’s apartment sound ‘like a disco.’”“Elderly residents at a complex on the Gold Coast have been deprived of sleep for months ever since [an F45] gym opened next door, with the bass so deep residents cannot sleep,” Queensland’s Gold Coast Bulletin reported.

F45 offers CrossFit-style group workouts at more than 3,300 franchises worldwide
F45 offers CrossFit-style group workouts at more than 3,300 franchises worldwide (Getty Images)

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.Perlman and Timoll are demanding punitive damages for the effect the downstairs F45 studio has had on their well-being, plus at least 0,000 to cover lost rent, lost income, and various expenses incurred, such as hiring experts to measure sound levels, plus attorneys’ fees. F45 and CSG now have roughly three weeks to file a response to the allegations.“It is not insignificant that extremely loud music has been used by various military forces to torture prisoners, and the substantial disruption to Plaintiffs’ day-to-day lives created by the noise from F45… over the course of an entire year has been extraordinarily difficult to bear,” says a lawsuit filed in state court on Monday by two sleep-deprived Manhattanites infuriated with the F45 franchise downstairs.Another tenant, who has since moved away, pleaded for a compromise, imploring F45 representatives to listen to their concerns.The nonprofit Hearing Health Foundation says sustained exposure to sounds louder than 70 dB can damage a person’s hearing. In New York City, the residential noise limit is 45 dB, described by the Hearing Health Foundation as “average room noise.” Measurements taken in apartments on the floor above the F45 in Perlman’s building have allegedly reached as high as 78 dB, approximately the decibel level one would experience aboard a moving airplane and roughly five times what local code allows, when measured on the logarithmic decibel scale.The F45 studio in Perlman and Timoll’s building has been ticketed by the NYC Department of Environmental Protection for exceeding permitted noise levels, according to their complaint. It says a DEP inspector went downstairs and “attempted to shut [the] music off, but was told no repeatedly.”

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Spencer McLachlin Named Head Coach at UC San Diego

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LA JOLLA, Calif. – Third-year USC women’s volleyball associate head coach Spencer McLachlin was hired for his first appointment as a head coach and will lead the UC San Diego women’s volleyball program, UCSD Director of Athletics Andy Fee announced on Tuesday, Dec. 23.
 
McLachlin becomes the eighth head coach in UCSD program history and will coach the Tritons in their final season as members of the Big West (2026) before the program transitions to the West Coast Conference ahead of the 2027 campaign. He joins JJ Van Niel (Arizona State), Tyler Hildebrand (Saint Mary’s College), and Amy Pauly (Orlando Valkyries) as former USC assistants under Brad Keller who have moved into head coaching positions.
 
“This opportunity is no surprise and has been a long time coming for Spencer,” said Keller. “UCSD is getting one of the best coaches in the game. Spencer and I have worked together in many different phases of our careers, and I know USC is in a better place with a brighter future for everything he has done here. Spencer is an innovator, a creator, and most importantly, a dreamer. Our game needs more leaders like him. I couldn’t be prouder of what he has done and for this new opportunity for him and his family.”
 
In his three seasons at USC, McLachlin helped lead the Women of Troy to three straight NCAA tournament appearances. The Trojans advanced to the second round in each of their three postseason berths. Most recently, McLachlin helped USC reach 25 wins and finish in a tie for third place in the Big Ten. Six Trojans received awards on all-conference teams and USC led the league in blocking (2.76 bps). The Trojans also ranked second (12th in the NCAA) in total blocks (322.5) and were second for opponent hitting percentage (.184). OH London Wijay earned AVCA All-America honorable mention.
 
With McLachlin on staff in 2024, USC advanced to the second round of the NCAA tournament for the third straight year and finished 22-10 overall with a 13-7 mark in the Big Ten (tied for sixth). Setter Mia Tuaniga was named to the AVCA All-America third team. In his first season with the Women of Troy, McLachlin helped USC go 19-13 with a 12-8 mark in the Pac-12 for a fifth-place finish. That season, OH Skylar Fields was honored with AVCA All-America first-team recognition.
 
McLachlin is married to former USC volleyball standout opposite hitter Diane Copenhagen (2004-07), a 2004 Pac-10 All-Freshman Team selection. The McLachlins are parents to two daughters, Leila and Malia, and a son named Koa.
 
The 14th-ranked Trojans (25-7, 15-5 Big Ten) finished the regular season tied for third in the Big Ten and were awarded one of 33 at-large berths—and a hosting bid—into the 2025 NCAA tournament. USC made its fourth straight appearance in the tourney under sixth-year head coach Brad Keller (41st all-time) and moved into the second round for the fourth consecutive year with a 3-0 sweep of Princeton. The Women of Troy were eliminated from postseason play in a hard-fought five-set loss to Cal Poly in the second round.
 
For more information on the USC women’s volleyball team, please visit USCTrojans.com/WVB. Fans of the Women of Troy can follow @USCWomensVolley on X, Facebook, Instagram, and TikTok.
 



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Defending Big West Regular Season And National Champion Long Beach State Chosen As 2026 Preseason Coaches’ Poll Favorite

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IRVINE, Calif. – The Big West released its 2026 Men’s Volleyball Preseason Coaches’ Poll and Team, and defending Big West regular season and National Champion Long Beach State was selected as the preseason favorite. The Beach garnered 24 total points and four first-place votes from league head coaches, signaling strong expectations for another elite season.

Long Beach State’s status as a national powerhouse was further reinforced in the 2026 AVCA National Collegiate Men’s Volleyball Preseason Poll (Dec. 23), where the Beach were ranked No. 3 nationally behind UCLA and Hawai’i.

The Beach also placed multiple student-athletes on the 2026 Big West Preseason Coaches’ Team, as Skyler Varga and Alex Kandev earned preseason recognition following standout performances during Long Beach State’s championship 2025 season.

Varga returns as one of the nation’s premier attackers. During the 2025 season he played a central role in Long Beach State’s run to the NCAA National Championship, earning NCAA All-Tournament Team honors for his performance in the title match. He finished the year with 270 kills (2.73 per set) on a .368 attack percentage, while adding 33 service aces, 70 total blocks, and 341 points across 99 sets. In addition to his on-court excellence, Varga also received CSC Academic All-America recognition, underscoring his impact as a scholar-athlete.

Kandev, now a sophomore outside hitter, made his mark on the national stage during the 2025 NCAA Championship match. In the title match victory over UCLA, Kandev helped the Beach secure their fourth national title and earned NCAA All-Tournament Team honors in the process. He concluded his freshman season with 210 kills (3.23 per set) while hitting .458, ranking among the team leaders in efficiency, and added 21 aces, 36 blocks, and 250 points in 65 sets.

Following Long Beach State atop the Big West preseason poll, Hawai’i was chosen second with 22 points and two first-place votes, and UC Irvine was tabbed third with 17 points. CSUN, UC San Diego, and UC Santa Barbara rounded out the poll, each earning nine points.

With proven postseason performers and returning national contenders, Long Beach State enters 2026 as both the team to beat in the Big West and one of the top programs in the nation.

2026 Big West Men’s Volleyball Preseason Coaches’ Poll

  1. Long Beach State – 24 points (4)
  2. Hawai’i – 22 points (2)
  3. UC Irvine – 17 points
  4. T-4. CSUN – 9 points

    T-4. UC San Diego – 9 points

    T-4. UC Santa Barbara – 9 points

    First-place votes in parentheses

2026 Big West Men’s Volleyball Preseason Coaches’ Team
George Bruening, UC Santa Barbara
Alex Kandev, Long Beach State
Jalen Phillips, CSUN
Tread Rosenthal, Hawai’i
Adrien Roure, Hawai’i
Kristian Titriyski, Hawai’i
Skyler Varga, Long Beach State
 
 



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NSU adds goalkeeper transfer – Northwestern State University Athletics

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NATCHITOCHES—After dipping into the transfer portal for a midfielder and defender, Northwestern State soccer head coach Ian Brophy now picks up a goalkeeper in the form of transfer Saki Tsuchiya.

Tsuchiya, a native of Takasaki, Japan, comes to NSU following a season at Valparaiso.

“We are very excited to add an experienced goalkeeper who really fits our style of play,” Brophy said. “Her ability with the ball at her feet is something that definitely suits us and should help us as a team. She will instantly provide competition in an already very competitive group and certainly makes us better.”

She played in three games for the Crusaders, sporting a save percentage of .708 and goals against average of 3.36 in just under 134 minutes. She recorded 12 saves this past season, seven coming against Drake and then posting five saves against Illinois.

Prior to her season at Valpo, Tsuchiya started her collegiate career at Tyler JC, where she competed for two seasons.

For Tyler JC, she appeared in 30 matches during the two years, where she posted a 1.18 GAA and a .780 save percentage.

She recorded three solo shutouts and five combined shutouts among her 13 wins as a sophomore in 2024. That season also earned her a Second Team All-Region selection, as her team captured the Region XIV championship and played in the NJCAA National Tournament 2023 and 2024.

As a freshman, she was named to the NJCAA Second Team All-Academic Team for 2023-24.

She played summer soccer in 2024 for TLH Reckoning of the USLW and in 2025 for Peoria City of the WPSL.

In high school at Kaishigakuen JAPAN Soccer College koutoubu, she was a three-year starter in net.

She joins an already impressive goalkeeper room that includes Second Team All-Southland Conference selection Kennedy Rist and rising sophomore Audrey Marfia, who recorded a goals against average of 0.39, surrendering just one goal in 230:32.

Tsuchiya will be the first Japan native to play for the Demons and joins Hosane Soukou, Ravina Sandhu and Anika Sproxton as players on the team not from the United States.



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Lauren Watson Becomes First Player in USD Beach Volleyball History

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SAN DIEGO — Defender Lauren Watson became the first player in USD beach volleyball history on Monday afternoon when she signed a grant-in-aid agreement to play for the Toreros.

Watson, who hails from Phoenix, Arizona, attends Notre Dame Preparatory High School, where she was twice named the Arizona Beach Volleyball Player of the Year by the Arizona Republic. She will join San Diego for its inaugural beach volleyball season in the spring of 2027.

“Lauren is a really good all-around talent,” said USD beach volleyball head coach Derek Olson. “As a defender that can sit in the pocket and run shots down, she has good defensive instincts and covers a lot of sand.”

Her high school career thus far has seen her earn two Arizona Beach Volleyball Pairs State Championships, three All-League First-Team honors, and her league’s Defensive Player of the Year award.

“She also knows how to win and that’s very apparent by her results in tournaments,” Olson added. “But what I appreciate most about Lauren is her ability to play with anyone and make them better. She adds value to the environment that she is in.”
 



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Spencer McLachlin named new women’s volleyball head coach – The UCSD Guardian

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On Tuesday, Dec. 23, UC San Diego Athletics announced that USC associate head coach Spencer McLachlin will be the next head coach of Triton women’s volleyball. He replaces Melanie Greene, who stepped down on Dec. 6 after two seasons as head coach.

The coaching change comes after a tumultuous 6-24 season where a promising Triton team never found its rhythm. The Tritons were eliminated from postseason contention with three games left in the season following a loss to UC Riverside on Nov. 17. Assistant coach Kara Barkdoll Coy was named interim head coach for the final six games of the season after Greene’s departure.

“Spencer brings exactly what we need at this moment,” athletic director Andy Fee said in a press release. “He’s helped build winning programs, developed All-Americans, and knows how to compete at the highest level.”

McLachlin played collegiately at Stanford, winning a national championship with the Cardinal in 2010 and ending his four years in Palo Alto ranked third in career kills. McLachlin then served as an assistant coach at Hawai’i, California, UCLA, and Indiana before joining USC as associate head coach in 2023. This past season, the Trojans went 25-7 but fell in the second round of the NCAA Championship in a five-set upset loss against Cal Poly. McLachlin’s new position at UCSD will be his first head coaching role.

“I am thrilled to join UC San Diego as the Head Coach of the women’s volleyball program,” McLachlin said. “This is an incredible opportunity for my family and me to be part of an historic and beautiful university and build a program with great potential.”



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Volleyball Inks Four Highly Touted Transfers to 2026 Roster

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DALLAS (SMU) – The SMU Volleyball team announced the signings of outside hitter Suli Davis, libero Victoria Harris, opposite hitter Gabi Placide and setter Ava Sarafa to the 2026 roster on Monday. 

 

Arriving for the spring 2026 semester, Placide brings in three years of collegiate playing experience; Harris and Sarafa come to the Hilltop with two and Davis comes to SMU with one year playing at the college level. 

 

Details of the four transfers are below.  

 

Suli Davis, So., 6-2, Outside Hitter, Euless, Texas – BYU

AVCA Second Team All-American (2025) 

AVCA West Region Freshman of the Year (2025) 

AVCA All-West Region First Team (2025) 

Big 12 Freshman of the Year (2025) 

All-Big 12 First Team (2025) 

Big 12 All-Rookie Team (2025) 

6x Big 12 Rookie of the Week (Sept. 9, Oct. 7, Oct. 21, Nov. 4, Nov. 25, Dec. 2, 2025) 

 

2025 (Freshman at BYU) 

Broke BYU’s all-time freshman kills record during the Cougars’ five-set win over Utah on Nov. 26 

Broke BYU’s rally-scoring era freshman kills record against Arizona on Nov. 19 

27th player in Big 12 history with 500+ kills in a single season 

30 double-digit kill matches, third-most in the rally-scoring era at BYU 

Team-leading 10 double-doubles 

Led the team in kills in 22 matches, including 13 of the Cougars’ final 14 

Played in all 31 of the Cougars’ matches and 119 sets, starting 29 matches 

Recorded 541 kills, third-most in a rally-scoring era season at BYU, 252 digs, 43 total blocks, including 10 solo stuffs, 31 assists and 25 service aces 

Finished No. 1 in total kills (541), kills per set (4.55) and points per set (4.97) in the Cougars’ all-time freshman record book 

Finished No. 1 in sets played (119), total kills (541), kills per set (4.55), total points (591.5) and points per set (4.97) in the freshman rally-scoring era at BYU 

Is also second in double-doubles (10) and third in solo blocks (10) in the Cougars’ freshman rally-era record book 

Career-high 28 kills in back-to-back matches (at Utah on Nov. 14 and vs. Arizona Nov. 19), the second-most kills by a freshman in the rally-scoring era at BYU 

 

Victoria Harris, Jr., 5-4, DS/Libero, Columbia, S.C. – South Carolina

SEC Community Service Team (2025) 

SEC All-Freshman Team (2024) 

SEC Freshman of the Week (Nov. 18, 2024) 

 

2025 (Sophomore at South Carolina) 

-Appeared in all 26 matches for the Gamecocks in her second season with the program 

-Finished fourth in the SEC with 4.11 digs per set, totaling 399 digs 

-Added 120 assists and 16 aces in her sophomore campaign 

-Had seven matches with 20+ digs and 21 matches with double-digit digs 

-Logged a season-best 27 digs at Missouri on Oct. 24  

-Second in the SEC during conference play, averaging 4.31 digs per set for South Carolina 

-Finished with 795 digs, 223 assists and 35 aces as a Gamecock in two seasons 

 

Gabi Placide, Sr., 6-0, Opposite Hitter, Centennial, Colo. – Ole Miss 

AVCA South Region Honorable Mention (2025) 

SEC Offensive Player of the Week (Sept. 22, 2025) 

AVCA West Region Honorable Mention (2024) 

Big Sky All-Conference First Team (2024) 

2x Big Sky Offensive Player of the Week (Oct. 21, Oct. 28, 2024) 

Big Sky Conference Fall All-Academic Team (2024) 

Big Sky Outstanding Freshman Award (2023) 

Big Sky All-Academic Team (2023) 

 

2025 (Junior at Ole Miss) 

-Started and played in all 29 matches for the Rebels 

-Led the team with 558.5 total points, 5.12 points per set, ranking third in the SEC and 15th in the NCAA 

-Registered 488 kills (31st in the NCAA) on a .213 hitting percentage in her lone season with Ole Miss 

-Logged 34 aces (sixth in the SEC) to lead Ole Miss and added 182 digs, 1.67 digs per set.  

-Had 10 matches with 20+ kills and logged double-digit kills in 25 of 29 matches  

-Registered five double-doubles, including a 19-kill and 14-dig outing against LSU on Nov. 2 

-Had a career-high 28 kills against Alabama on Oct. 31 

-Notched 22 kills, 10 digs and five aces against Texas on Oct. 24 

 

Ava Sarafa, R-Jr., 6-0, Setter, Bloomfield Hills, Mich. – Kentucky 

Fall SEC Academic Honor Roll (2024) 

First-Year SEC Academic Honor Roll (2023-24) 

 

2025 (Redshirt Sophomore at Kentucky) 
Played in 27 matches and 80 sets for a Kentucky program that reached the final four in 2025 
Finished the season with 136 assists, 57 digs and 10 aces 
Logged 43 assists, 10 digs and six blocks against Nebraska on Aug. 31 

 



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