SpeedFit LLC et al v. Woodway USA, Inc. et al
Plaintiff: SpeedFit LLC and Aurel A. Astilean
Defendant: Woodway USA, Inc. and Douglas Bayerlein
Case Number: 7:2022cv04733
Filed: June 6, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Cathy Seibel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2022 Opinion or Order 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)
July 11, 2022 Opinion or Order 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)
July 11, 2022 Opinion or Order 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)
July 8, 2022 Opinion or Order 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)
July 8, 2022 Opinion or Order 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)
July 6, 2022 Opinion or Order 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)
July 6, 2022 Opinion or Order 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)
July 6, 2022 Opinion or Order >>>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)
July 5, 2022 Opinion or Order 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)
July 5, 2022 Opinion or Order 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)
July 5, 2022 Opinion or Order 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)
July 5, 2022 Opinion or Order 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)
July 1, 2022 Opinion or Order 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)
July 1, 2022 Opinion or Order 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)
July 1, 2022 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Alvin K. Hellerstein is no longer assigned to the case. (laq)
June 30, 2022 Opinion or Order 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)
June 29, 2022 Opinion or Order 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)
June 29, 2022 Opinion or Order 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)
June 27, 2022 Opinion or Order 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)
June 27, 2022 Opinion or Order 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)
June 27, 2022 Opinion or Order 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)
June 27, 2022 Opinion or Order 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)
June 27, 2022 Opinion or Order 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)
June 27, 2022 Opinion or Order 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)
June 17, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Douglas Bayerlein, Woodway USA, Inc...(Marschean, Nicole)
June 13, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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)
June 13, 2022 Opinion or Order 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).
June 13, 2022 Opinion or Order 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).
June 13, 2022 Opinion or Order ***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)
June 13, 2022 Opinion or Order ***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)
June 10, 2022 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Thomas Beau Decea on behalf of Aurel A. Astilean, SpeedFit LLC..(Decea, Thomas)
June 10, 2022 Opinion or Order 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)
June 7, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Marschean, Nicole)
June 7, 2022 Opinion or Order ***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)
June 7, 2022 Opinion or Order 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)
June 7, 2022 Opinion or Order 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)
June 7, 2022 Opinion or Order Case Designated ECF. (vf)
June 6, 2022 Opinion or Order 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)

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Search for this case: SpeedFit LLC et al v. Woodway USA, Inc. et al
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Plaintiff: SpeedFit LLC
Represented By: Thomas Beau Decea
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Plaintiff: Aurel A. Astilean
Represented By: Thomas Beau Decea
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Defendant: Woodway USA, Inc.
Represented By: Nicole Michele Marschean
Represented By: Kadie M. Jelenchick
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Defendant: Douglas Bayerlein
Represented By: Nicole Michele Marschean
Represented By: Kadie M. Jelenchick
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