SpeedFit LLC et al v. Lifecore Fitness, Inc. et al
Plaintiff: SpeedFit LLC, Aurel Astilean and Aurel A. Astilean
Defendant: Lifecore Fitness, Inc.
Case Number: 7:2022cv03140
Filed: April 15, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2022 Opinion or Order Filing 29 MEMO ENDORSEMENT on re: #28 Letter filed by SpeedFit LLC, Aurel A. Astilean, ENDORSEMENT: The Court has reviewed Plaintiffs' letter dated May 25, 2022 (ECF No. 28.) Plaintiffs have indicated that they are withdrawing their request to amend the First Amended Complaint. Plaintiffs are also requesting a pre-motion conference to discuss a motion for sanctions. Plaintiffs' request for a pre-motion conference is denied and the pre-motion conference requirement is waived. Plaintiffs are granted leave to file the proposed motion. Additionally, Defendant previously requested leave to file a motion to dismiss, stating that it would also be requesting sanctions (ECF No. 8.) If Defendant does intend to request sanctions, they are granted leave to file a separate motion pursuant to Rule 11(c)(2). Therefore, the briefing schedule is amended as follows: Defendant's moving papers for its motion to dismiss shall be served (not filed) on or before June 24, 2022; Plaintiffs' opposition to is to be served (not filed) by July 25, 2022; and Defendant's reply papers are to be served by August 9, 2022. All motion documents shall be filed on the reply date, August 9, 2022. Defendant's moving papers for its Rule 11 motion shall be served (not filed) on or before August 23, 2022; Plaintiffs' opposition to Defendant's motion and Plaintiffs' cross-motion are to be served (not filed) by September 22, 2022; Defendant's reply to Defendant's motion and opposition to Plaintiffs' cross-motion are to be served (not filed) by October 24, 2022; Plaintiffs' reply to the cross-motion is to be served by November 8, 2022. All motion documents shall be filed on the reply date, November 8, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/25/2022) ( Motions due by 11/8/2022., Responses due by 11/8/2022, Replies due by 11/8/2022.) (ks)
May 25, 2022 Opinion or Order Filing 28 LETTER addressed to Judge Nelson Stephen Roman from Thomas B.Decea dated May 25, 2022 re: Pre Motion Conference. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
May 24, 2022 Opinion or Order Filing 27 ORDER denying #24 Motion for Sanctions. Plaintiff's motion is denied for failure to follow this Court's individual rules. The Clerk of Court is kindly directed to terminate the motion at ECF No. 24. (Signed by Judge Nelson Stephen Roman on 5/24/2022) (ate)
May 24, 2022 Opinion or Order Filing 26 MEMORANDUM OF LAW in Support re: #24 FIRST MOTION for Sanctions . . Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
May 24, 2022 Opinion or Order Filing 25 DECLARATION of Thomas B. Decea in Support re: #24 FIRST MOTION for Sanctions .. Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Exhibit D's March 29 Letter, #2 Exhibit Emails with D's counsel, #3 Exhibit D's April 27 Letter).(Decea, Thomas)
May 24, 2022 Opinion or Order Filing 24 FIRST MOTION for Sanctions . Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
May 20, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas Decea to RE-FILE Document #23 Memorandum of Law in Support of Motion,. ERROR(S): Linked to a deficient filing. (kj)
May 20, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Thomas Decea to RE-FILE Document #22 FIRST MOTION for Sanctions .. ERROR(S): Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (kj)
May 20, 2022 Opinion or Order Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #22 FIRST MOTION for Sanctions . . Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas) Modified on 5/23/2022 (kj).
May 20, 2022 Opinion or Order Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Sanctions . Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit March 29 letter, #3 Exhibit Emails w/D's counsel, #4 Exhibit April 27 letter).(Decea, Thomas) Modified on 5/23/2022 (kj).
May 13, 2022 Opinion or Order Filing 21 MEMO ENDORSEMENT on re: #20 Letter, filed by Lifecore Fitness, Inc. ENDORSEMENT: The Court has reviewed Defendant's letter dated May 12, 2022 (ECF No. 20.) Defendant has consented to Plaintiff's request to amend its complaint. Therefore, the Court vacates the previously issued briefing schedule. Plaintiff is directed to file its amended complaint or withdraw its request on or before May 27, 2022. Defendant is then granted leave to file its proposed motion with the following briefing schedule: Defendant's moving papers shall be served (not filed) on or before June 27, 2022; Plaintiff's opposition papers shall be served (not filed) on or before July 27, 2022; Defendant's reply papers shall be served on or before August 11, 2022. All motion documents shall be filed on the reply date, August 11, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. ( Amended Pleadings due by 5/27/2022., Motions due by 8/11/2022.) (Signed by Judge Nelson Stephen Roman on 5/13/2022) (ate)
May 12, 2022 Opinion or Order Filing 20 SECOND LETTER addressed to Judge Nelson Stephen Roman from Rebecca J. Cantor dated 05/12/2022 re: Consenting to Plaintiff's Request to File an Amended Complaint and Requesting a Pre-Motion Conference and Seeking Approval to File a Motion to Dismiss the Second Amended Complaint. Document filed by Lifecore Fitness, Inc...(Cantor, Rebecca)
May 3, 2022 Opinion or Order Filing 19 ORDER granting #9 Motion for John M. Halan to Appear Pro Hac Vice. The Clerk of Court is kindly directed to terminate the motion at ECF No. 9. (Signed by Judge Nelson Stephen Roman on 5/3/2022) (ate)
May 2, 2022 Opinion or Order Filing 18 Vacated as per Judge's Order dated 5/13/2022, Doc. # 21 MEMO ENDORSEMENT on re: #16 Letter filed by SpeedFit LLC, Aurel A. Astilean. ENDORSEMENT: The Court has reviewed Plaintiffs' letter dated May 2, 2022 (ECF No. 16.) Plaintiffs' request for a pre-motion conference is denied and the pre-motion conference requirement is waived. Plaintiffs are granted leave to file the cross-motion. The briefing schedule is amended as follows: Defendant's moving papers shall be served (not filed) on or before June 17, 2022; Plaintiffs' opposition to Defendant's motion and Plaintiffs' cross-motion are to be served (not filed) by August 1, 2022; Defendant's reply to Defendant's motion and opposition to Plaintiffs' cross-motion are to be served (not filed) by August 31, 2022; Plaintiffs' reply to the cross-motion is to be served by September 15, 2022. All motion documents shall be filed on the reply date, September 15, 2022. The parties shall mail two courtesy copies of their documents to Chambers as they are served. ( Motions due by 9/15/2022.) (Signed by Judge Nelson Stephen Roman on 5/2/2022) (ate) Modified on 5/13/2022 (ate).
May 2, 2022 Opinion or Order Filing 17 ORDER granting #10 Motion for Reza Roghani Esfahani to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the motion at ECF No. 10. (Signed by Judge Nelson Stephen Roman on 5/2/2022) (ate)
May 2, 2022 Opinion or Order Filing 16 FIRST LETTER addressed to Judge Nelson Stephen Roman from Thomas Decea dated May 2, 2022 re: Amend Complaint. Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
May 2, 2022 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #8 Letter, filed by Lifecore Fitness, Inc. ENDORSEMENT: The Court has reviewed Defendant's letter dated April 27, 2022 (ECF No. 8) and Plaintiffs' letter dated April 29, 2022 (ECF No. 11). Defendant's request for a conference is denied and the pre-motion conference requirement is waived. Defendant is granted leave to file the proposed motion with the following briefing schedule: Defendant's moving papers shall be served (not filed) on or before June 2, 2022; Plaintiffs' opposition papers shall be served (not filed) on or before July 4, 2022; Defendant's reply papers shall be served on or before July 19, 2022. All motion documents shall be filed on the reply date, July 19, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. SO ORDERED. ( Motions due by 7/19/2022.) (Signed by Judge Nelson Stephen Roman on 5/2/2022) (vfr)
May 2, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for John M. Halan to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 30, 2022 Opinion or Order Filing 14 DECLARATION of Thomas B. Decea in Opposition re: #9 MOTION for John M. Halan to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Aurel A. Astilean, SpeedFit LLC. (Attachments: #1 Ex A - p's notice of motion).(Decea, Thomas)
April 29, 2022 Opinion or Order Filing 13 DECLARATION of Reza Roghani Esfahani in Support re: #10 MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for John M. Halan to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Lifecore Fitness, Inc...(Halan, John)
April 29, 2022 Opinion or Order Filing 12 DECLARATION of John Halan in Support re: #10 MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for John M. Halan to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Lifecore Fitness, Inc.. (Attachments: #1 Exhibit 1-Emails, #2 Exhibit 2-Letter from Decea to Halan, #3 Exhibit 3-Emails, #4 Exhibit 4-Documents from Speedfit v Woodway, #5 Exhibit 5, #6 Exhibit 6-Email).(Halan, John)
April 29, 2022 Opinion or Order Filing 11 FIRST LETTER addressed to Judge Nelson Stephen Roman from Thomas B. Decea dated April 29, 2022 re: Request for Pre Motion Conference. Document filed by SpeedFit LLC..(Decea, Thomas)
April 29, 2022 Opinion or Order Filing 10 MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lifecore Fitness, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Esfahani, Reza)
April 29, 2022 Opinion or Order Filing 9 MOTION for John M. Halan to Appear Pro Hac Vice (re-filed). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lifecore Fitness, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order).(Halan, John)
April 28, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #6 MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26065413. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan (517-373-0120);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (aea)
April 28, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for John M. Halan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26065358. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Michigan (517-373-0120);. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
April 27, 2022 Opinion or Order Filing 8 LETTER addressed to Judge Nelson Stephen Roman from Rebecca J. Cantor dated 04/27/2022 re: requesting a pre-motion conference and seeking approval to file a motion to dismiss the Amended Complaint. Document filed by Lifecore Fitness, Inc...(Cantor, Rebecca)
April 27, 2022 Opinion or Order Filing 7 AFFIRMATION of Thomas B. Decea in Opposition re: #6 MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26065413. Motion and supporting papers to be reviewed by Clerk's Office staff., #5 MOTION for John M. Halan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26065358. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by SpeedFit LLC. (Attachments: #1 Ex A - Letter from Adversary).(Decea, Thomas)
April 27, 2022 Opinion or Order Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reza Roghani Esfahani to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26065413. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lifecore Fitness, Inc.. (Attachments: #1 Affidavit of Reza Roghani Esfahani, #2 Certificate of Good Standing, #3 Proposed Order).(Esfahani, Reza) Modified on 4/28/2022 (aea).
April 27, 2022 Opinion or Order Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John M. Halan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26065358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lifecore Fitness, Inc.. (Attachments: #1 Affidavit of John M. Halan, #2 Certificate of Good Standing, #3 Proposed Order).(Halan, John) Modified on 4/28/2022 (aea).
April 19, 2022 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Thomas Beau Decea on behalf of Aurel A. Astilean..(Decea, Thomas)
April 19, 2022 Opinion or Order Filing 3 NOTICE OF APPEARANCE by Thomas Beau Decea on behalf of SpeedFit LLC..(Decea, Thomas)
April 18, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Cantor, Rebecca)
April 18, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Rebecca Jamie Cantor. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj)
April 18, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Jamie Cantor re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)
April 18, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rebecca Jamie Cantor. The party information for the following party/parties has been modified: Aurel Astilean. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)
April 18, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rebecca Jamie Cantor. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj)
April 18, 2022 Opinion or Order Magistrate Judge Paul E. Davison 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. (sj)
April 18, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(sj)
April 18, 2022 Opinion or Order Case Designated ECF. (sj)
April 15, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Westchester. Case Number: 56761/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26017586).Document filed by Lifecore Fitness, Inc.. (Attachments: #1 Exhibit A - Complaint filed in Supreme Court of State of New York, #2 Exhibit B - Statement of Service filed in Supreme Court of State of New York, #3 Exhibit C -Amended Complaint filed in Supreme Court of State of New York).(Cantor, Rebecca)

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Search for this case: SpeedFit LLC et al v. Lifecore Fitness, Inc. et al
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Plaintiff: SpeedFit LLC
Represented By: Thomas Beau Decea
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Plaintiff: Aurel Astilean
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Plaintiff: Aurel A. Astilean
Represented By: Thomas Beau Decea
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Defendant: Lifecore Fitness, Inc.
Represented By: Rebecca Jamie Cantor
Represented By: John M. Halan
Represented By: Reza Roghani Esfahani
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