SpeedFit LLC et al v. Woodway USA, Inc. et al
| Speedfit LLC and Aurel A. Astilean |
| Woodway USA, Inc. and Douglas Bayerlein |
| 2:2022cv07993 |
| January 24, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Eric R Komitee |
| Ramon E Reyes |
| Steven Tiscione |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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ORDER REASSIGNING CASE. Case reassigned to Judge Eric R. Komitee and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Joan M. Azrack, Magistrate Judge Steven Tiscione no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 2/3/2023. Motions referred to Ramon E. Reyes, Jr. (SR)
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| Filing 44 Minute Order for Motion Hearing held on 2/2/2023 before Magistrate Judge Steven Tiscione: Decea for Plaintiffs; Jelenchick for Defendants. In light of the related case filed in this district, this matter will be transferred to MagistrateJudge Reyes, who is presiding over discovery in 22cv02455 (EK)(RER). (Not Recorded) (LV) |
| Filing 43 MOTION to Amend/Correct/Supplement #42 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16358096. by Douglas Bayerlein, Woodway USA, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit (Certificate of Good Standing)) (Jelenchick, Kadie) |
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ORDER temporarily denying #42 Motion for Leave to Appear Pro Hac Vice. Motion for Leave to Appear Pro Hac Vice #42 is denied at this time because the affidavit in support of the motion does not fully comply with Local Rule 1.3(c). Specifically, the affidavit is not notarized. Counsel is permitted until February 7, 2023 to supplement the application with an updated affidavit. So Ordered by Magistrate Judge Steven Tiscione on 1/31/2023. (LV)
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ORDER granting #42 Motion for Leave to Appear Pro Hac Vice. ; granting #43 Motion to Amend/Correct/Supplement. Having reviewed the Pro Hac Vice application #42 submitted by Kadie Jelenchick for Defendants and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney shall register for ECF which is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notifications of activity in this case. The attorney shall ensure that the $150 admission fee is submitted or has been submitted to the Clerk's Office. So Ordered by Magistrate Judge Steven Tiscione on 1/31/2023. (LV)
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| Filing 42 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16358096. by Douglas Bayerlein, Woodway USA, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit Certificate of Good Standing) (Jelenchick, Kadie) |
| Filing 41 AFFIDAVIT of Service for Order Directing Hearing on Motion to be relieved as counsel served on Aurel A. Astilean and SpeedFit LLC on Jan. 26, 2023, filed by Aurel A. Astilean, Speedfit LLC. (Decea, Thomas) |
| Filing 40 Letter MOTION to Withdraw as Attorney for plaintiffs by Aurel A. Astilean, Speedfit LLC. (Decea, Thomas) |
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ORDER deferring ruling on #40 Motion to Withdraw as Attorney. A motion hearing will be held at 12:00 p.m on February 2, 2023 before the undersigned by phone. Counsel for all parties must participate along with the plaintiff clients. All parties must connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court.Counsel for plaintiffs is directed to immediately forward a copy of this Order to the plaintiff clients and file proof of service with the Court. So Ordered by Magistrate Judge Steven Tiscione on 1/26/2023. (LV)
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Set Motion Hearing for 2/2/2023 at 12:00 PM before Magistrate Judge Steven Tiscione. So Ordered by Magistrate Judge Steven Tiscione on 1/26/2023. (LV)
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| Filing 39 Notice of Related Cases: 13-cv-1276-KAM-AKT, 17-cv-768-KAM-AKT and 22-cv-EK-RER (DC) |
| Filing 38 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (DC) |
| Filing 37 Case transferred in from District of New York Southern; Case Number 7:22-cv-04733. Original file certified copy of transfer order and docket sheet received. |
| The case of SpeedFit LLC et al v. Woodway USA, Inc. et al, has been transferred from U.S. District Court, Southern District of New York to the Eastern District of New York. The new case number is 22-cv-7993-JMA-ST. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (DC) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ks) [Transferred from New York Southern on 1/24/2023.] |
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Filing 36
OPINION & ORDER re: #8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative. MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York. filed by Woodway USA, Inc., Douglas Bayerlein, #19 FIRST MOTION to Remand to State Court . filed by SpeedFit LLC, Aurel A. Astilean. For the foregoing reasons, Plaintiffs' motion to remand is DENIED, Defendants' motion to dismiss under Rule 12(b)(3) is DENIED, Defendants' motion to transfer is GRANTED, and Defendants' motion to dismiss under Rule 12(b)(2) is DENIED without prejudice to renewal in the transferee court. The Clerk of Court is respectfully directed to terminate the pending motions, (ECF Nos. 8, 19, 28, 34), and transfer this case to the Eastern District of New York. SO ORDERED. (Signed by Judge Cathy Seibel on 11/22/2022) (ks) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/24/2023.]
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| Filing 35 REPLY MEMORANDUM OF LAW in Support re: #19 FIRST MOTION to Remand to State Court . . Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Affidavit Attorney Affidavit, #2 Exhibit Decea Exhibit 1, #3 Exhibit Decea Exhibit 2, #4 Exhibit Decea Exhibit 3, #5 Affidavit Client Affidavit).(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 34 LETTER MOTION for Oral Argument on Plaintiffs' Motion to Remand to State Court (ECF No. 19) addressed to Judge Cathy Seibel from Nicole M. Marschean, Esq. dated July 11, 2022. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #19 FIRST MOTION to Remand to State Court . . Document filed by Douglas Bayerlein, Woodway USA, Inc...(Jelenchick, Kadie) [Transferred from New York Southern on 1/24/2023.] |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time to File Response/Reply: Plaintiffs' reply to Defendants' anticipated opposition to Plaintiffs' motion to remand due by 7/29/2022. Please send hard copies of all motion papers to chambers. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from New York Southern on 1/24/2023.]
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| Filing 31 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #19 FIRST MOTION to Remand to State Court . extension of time to respond to defendants' opposition to motion to remand addressed to Judge Cathy Seibel from Thomas B. Decea dated July 8, 2022. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 30 LETTER addressed to Judge Cathy Seibel from Matthew W. Peters dated 7/6/2022 re: Enclosing Courtesy Copies. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Jelenchick, Kadie) [Transferred from New York Southern on 1/24/2023.] |
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Filing 29
ORDER granting #25 Motion for Kadie M. Jelenchick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) [Transferred from New York Southern on 1/24/2023.]
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Kadie M. Jelenchick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26365977. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 1/24/2023.] |
| Filing 28 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative, Transfer Case to the U.S. District Court for the Eastern District of New York addressed to Judge Cathy Seibel from Nicole M. Marschean, Esq. dated July 5, 2022. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 27 DECLARATION of Nicole M. Marschean, Esq. in Support re: #8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative. MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York.. Document filed by Douglas Bayerlein, Woodway USA, Inc.. (Attachments: #1 Exhibit D).(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative. MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York. . Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 25 MOTION for Kadie M. Jelenchick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26365977. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Douglas Bayerlein, Woodway USA, Inc.. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice, #2 Exhibit - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion for Pro Hac Vice).(Jelenchick, Kadie) [Transferred from New York Southern on 1/24/2023.] |
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Filing 24
ORDER granting #21 Letter Motion to Seal: All parties should provide unredacted hard copies to chambers at the time the papers are served. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (JR) [Transferred from New York Southern on 1/24/2023.]
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| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (laq) [Transferred from New York Southern on 1/24/2023.] |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Alvin K. Hellerstein is no longer assigned to the case. (laq) [Transferred from New York Southern on 1/24/2023.] |
| Filing 23 FIRST LETTER addressed to Judge Alvin K. Hellerstein from Thomas B. Decea dated June 30, 2022 re: Response to Document 21. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 22 ***SELECTED PARTIES***REDACTION (Proposed) to Plaintiffs Memorandum of Law in Opposition to Defendants Motion to Dismiss and in Support of Plaintiffs Motion to Remand (ECF No. 20) by Douglas Bayerlein, Woodway USA, Inc., Aurel A. Astilean, SpeedFit LLC (Attachments: #1 Exhibit Proposed Redactions to Affidavit of Plaintiff Aurel Astilean (ECF No. 19-1), #2 Exhibit Proposed Redactions to Plaintiffs Memorandum of Law in Opposition to Defendants Motion to Dismiss and in Support of Plaintiffs Motion to Remand (ECF No. 20))Motion or Order to File Under Seal: #21 .(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 21 LETTER MOTION to Seal /Redact the Affidavit of Plaintiff Aurel Astilean (ECF No. 19-1) and Plaintiffs Memorandum of Law in Opposition to Defendants Motion to Dismiss and in Support of Plaintiffs Motion to Remand (ECF No. 20) Pursuant to the Court's June 27, 2022 Order (ECF No. 17) addressed to Judge Alvin K. Hellerstein from Nicole M. Marschean, Esq. dated June 29, 2022. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative. MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York., #19 FIRST MOTION to Remand to State Court . and in Support of Motion to Remand to State Court. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 19 FIRST MOTION to Remand to State Court . Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Affidavit Astilean Affidavit, #2 Exhibit Jelenchick June 7, 2022 letter, #3 Exhibit Decea June 8, 2022 letter, #4 Exhibit June 10, 2022 meet and confer email to defendants, #5 Exhibit Summons and Complaint - SpeedFit v. LifeCore, #6 Exhibit LifeCore answer with counterclaims - CA Action, #7 Exhibit FedEx proof of delivery, #8 Exhibit State Court Stipulation extending time to respond).(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 18 REDACTION to Exhibit A of Marschean Declaration (ECF No. 10-1) Filed Pursuant to 6/27/22 Order (ECF No. 17) by Douglas Bayerlein, Woodway USA, Inc..(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
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Filing 17
ORDER granting #15 Letter Motion to Seal. The request is granted. So ordered. (Signed by Judge Alvin K. Hellerstein on 6/27/22) (yv) [Transferred from New York Southern on 1/24/2023.]
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| Filing 16 ***SELECTED PARTIES***REDACTION to #15 LETTER MOTION to Seal /Redact Certain Terms of Exhibit A to Marschean Declaration (ECF No. 10-1) Pursuant to 06/17/22 Order (ECF No. 14) addressed to Judge Alvin K. Hellerstein from Nicole M. Marschean, Esq. dated June 27, 2022., #14 Order on Motion to Seal,,,, by Douglas Bayerlein, Woodway USA, Inc., Aurel A. Astilean, SpeedFit LLCMotion or Order to File Under Seal: #15 .(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 15 LETTER MOTION to Seal /Redact Certain Terms of Exhibit A to Marschean Declaration (ECF No. 10-1) Pursuant to 06/17/22 Order (ECF No. 14) addressed to Judge Alvin K. Hellerstein from Nicole M. Marschean, Esq. dated June 27, 2022. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
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Filing 14
ORDER REGULATING PROCEEDINGS granting in part and denying in part #11 Letter Motion to Seal. Because the notice of removal was filed on June 6, 2022 the motion to dismiss filed on June 13, 2022 was timely. Accordingly, Defendant is not in default. The motion to seal is denied in part and granted in part. Defendants may not file the entirety of Exhibit A to the Declaration of Nicole Marschean under seal. However, Defendants may redact proprietary confidential information that could cause competitive injury if disclosed. See SEC v. Telegram Grp. Inc., 2020 WL 3264264, at *1 (S.D.N.Y. June 17, 2020) (the need to maintain secrecy for sensitive business information and practices can outweigh the presumption of public access) (citing United States v. Amodeo, 71 F.3d 1044, 1051 (2d Cir. 1995)). In sum, there is no basis to issue a certificate of default. The motion to seal is denied in part and granted in part. The pending motion to dismiss will be decided once Plaintiffs have had an opportunity to file a response. The Clerk shall terminate ECF No. 11. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/17/22) (yv) [Transferred from New York Southern on 1/24/2023.]
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| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 12 ***SELECTED PARTIES***REDACTION to #11 LETTER MOTION to Seal Exhibit A to Marschean Declaration (ECF No. 10-1) and Redact Certain Information in Exhibit A to Notice of Removal (ECF No. 1-1) addressed to Judge Alvin K. Hellerstein from Nicole M. Marschean, Esq. dated June 13, 2022. by Douglas Bayerlein, Woodway USA, Inc., Aurel A. Astilean, SpeedFit LLC (Attachments: #1 Exhibit ECF No. 1-1 with Proposed Redactions, #2 Exhibit ECF No. 10-1 Unsealed Exhibit A to Marschean Declaration)Motion or Order to File Under Seal: #11 .(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 11 LETTER MOTION to Seal Exhibit A to Marschean Declaration (ECF No. 10-1) and Redact Certain Information in Exhibit A to Notice of Removal (ECF No. 1-1) addressed to Judge Alvin K. Hellerstein from Nicole M. Marschean, Esq. dated June 13, 2022. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 10 DECLARATION of Nicole M. Marschean, Esq. in Support re: #8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative. MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York.. Document filed by Douglas Bayerlein, Woodway USA, Inc.. (Attachments: #1 Exhibit A (Request to File Under Seal), #2 Exhibit B, #3 Exhibit C).(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative. MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York. . Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 8 MOTION to Dismiss Plaintiffs' Verified Complaint, Or In the Alternative., MOTION to Transfer Case to the U.S. District Court for the Eastern District of New York. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| Filing 7 AFFIRMATION of Thomas B. Decea re: #6 Proposed Clerk's Certificate of Default ., AFFIRMATION of Thomas B. Decea in Support. Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Exhibit Stipulation, #2 Exhibit Proposed Order).(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/13/2022 (tp). [Transferred from New York Southern on 1/24/2023.] |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Affidavit Affirmation in Support, #2 Exhibit Stipulation, #3 Text of Proposed Order Proposed Order).(Decea, Thomas) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/13/2022 (km). [Transferred from New York Southern on 1/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Thomas Decea. RE-FILE Document No. #6 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default lists the wrong filed date for the complaint; The clerk's certificate that was filed is not as to form. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - Please refer to ECF Rule 16.1. - please use the sample clerk's certificate on our website under forms - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) [Transferred from New York Southern on 1/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Thomas Decea. RE-FILE Document No. #5 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The documents are not filed correctly. Please refer to ECF Rule 16.1. The clerk's certificate that was filed is not as to form. Please use the sample clerk's certificate on our website under forms. Re-file the proposed clerk's certificate as one entry, (filed under Proposed Orders, Proposed Clerk's Certificate of default), then file the affirmation in support as a separate entry. (Filed under other answers, affirmation in support of a non-motion). The request to enter default, along with any other documents you want to submit, can be filed as an attachment to the affirmation. (km) [Transferred from New York Southern on 1/24/2023.] |
| Filing 4 NOTICE OF APPEARANCE by Thomas Beau Decea on behalf of Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 3 LETTER addressed to Judge Alvin K. Hellerstein from Thomas B. Decea dated June 10, 2022 re: Jurisdictional Defect. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) [Transferred from New York Southern on 1/24/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nicole Michele Marschean. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330 Breach of Contract; Dollar Demand Blank; County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332bc Diversity-Breach of Contract; the Dollar Demand has been modified to 75,000; the County code has been modified to Suffolk; the Fee Status code has been modified to pd (paid). (vf) [Transferred from New York Southern on 1/24/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) [Transferred from New York Southern on 1/24/2023.] |
| Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) [Transferred from New York Southern on 1/24/2023.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 1/24/2023.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Westchester County. Case Number: 59781/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26245213).Document filed by Douglas Bayerlein, Woodway USA, Inc.. (Attachments: #1 Exhibit A (State Court Docket)).(Marschean, Nicole) [Transferred from New York Southern on 1/24/2023.] |
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