In 2012, when Peloton was still in its nascent stage, Foley reached out to Flywheel in order to pursue a partnership between the two fitness companies. At the time, Foley thought that maybe Flywheel founder Jay Galluzzo would be interested in investing in his then-nascent company. He exchanged friendly emails with Galluzzo in which Foley asked Galluzzo to sign a nondisclosure agreement before proceeding further—and inquired about the birth of Galluzzo’s baby. “Are you at the hospital already? Please don’t force this conversation if you’re deep in new baby world. It can definitely wait!” Foley wrote. “Had the baby tues - all good and everyone is home safe and sound,” Galluzzo replied. This friendly exchange was subsequently entered as an exhibit in the lawsuit. Galluzzo added that Flywheel has “been in development for a long time now on an evolution of our technology, bike, and brand experience that could be similar,” and suggested they talk to “avoid any potential issues if we are indeed on the same path.”