SpeedFit LLC et al v. Lifecore Fitness, Inc. et al
| SpeedFit LLC, Aurel Astilean and Aurel A. Astilean |
| Lifecore Fitness, Inc. |
| 7:2022cv03140 |
| April 15, 2022 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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Filing 26
MEMORANDUM OF LAW in Support re: #24 FIRST MOTION for Sanctions . . Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
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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)
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Filing 24
FIRST MOTION for Sanctions . Document filed by Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
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***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)
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***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)
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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).
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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).
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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>>>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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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>>>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)
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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)
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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)
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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).
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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).
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Filing 4
NOTICE OF APPEARANCE by Thomas Beau Decea on behalf of Aurel A. Astilean..(Decea, Thomas)
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Filing 3
NOTICE OF APPEARANCE by Thomas Beau Decea on behalf of SpeedFit LLC..(Decea, Thomas)
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Filing 2
CIVIL COVER SHEET filed..(Cantor, Rebecca)
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***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)
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***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)
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***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)
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***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)
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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)
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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)
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Case Designated ECF. (sj)
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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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