United States Securities and Exchange Commission v. Collector's Coffee Inc. et al
Plaintiff: United States Securities and Exchange Commission
Defendant: Mykalai Kontilai, Colletor's Coffee Inc., Collector's Coffee Inc. and Collector's Coffee Inc. doing business as Collectors Cafe
Petitioner: Debevoise & Plimpton LLP and Timothy Dennin
Material Witness: Veronica Kontilai
Intervenor Defendant: Los Angeles Dodgers LLC, Collector's Coffee, Inc., Doe Individuals 1 thorugh 50, Roe Corporations 1 through 50 and Jackie Robinson Foundation, Inc.
Intervenor Plaintiff: SDJ Investments, LLC, Adobe Investments, LLC and Darren Sivertsen
Not Classified By Court: Curtis Alva, Steven C Sessa, William J. Leone, Andrew Ceresney, John Culotta and David Clyde Chapman
Interested Party: Gail Herman-Holt
Case Number: 1:2019cv04355
Filed: May 14, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Gabriel W Gorenstein
Referring Judge: Victor Marrero
2 Judge: Lorna G Schofield
Nature of Suit: Securities/Commodities
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 24, 2022 Opinion or Order Filing 991 Objection re: #988 Report and Recommendations,,, Objection Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Hansel, Cary)
February 23, 2022 Opinion or Order Filing 990 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated February 23, 2022 re: Notice of Fully Submitted Motion ( #984 JRF's Motion for Leave to Amend Its Answer to Assert a Counterclaim Against CCI). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
February 23, 2022 Opinion or Order Filing 989 REPLY MEMORANDUM OF LAW in Support re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
February 10, 2022 Opinion or Order Filing 988 REPORT AND RECOMMENDATION COMBINED WITH OPINION AND ORDER: re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION filed by United States Securities and Exchange Commission. Kontilai's motion to clarify the terms of the asset freeze (Docket # 958) is granted to the extent stated above. As to the SEC's motion to enforce the asset freeze (Docket # 970), we recommend that the motion be granted in part and denied in part as set forth above. Once a ruling is made by the district judge on the motion to enforce, the parties are directed to attempt to agree on the specific terms of an order to effectuate the ruling. The parties shall submit an agreed-upon order (or, if they cannot agree, separate proposed versions) within 7 days of that ruling. Objections to R&R due by 2/24/2022 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2022) (ama)
February 4, 2022 Opinion or Order Filing 987 NOTICE of Collector's Coffee, Inc.'s Notice of Errata Regarding Omission of Exhibit 1 to the Opposition of Intervenor-Defendants, The Jackie Robinson Foundation, Inc.'s Motion for Leave to Amend its Answer to Assert a Cross-Claim Against Collector's Coffee, Inc. at Court Document Number 986 re: #986 Memorandum of Law in Opposition to Motion,. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1 Second Circuit Court of Appeal Brief).(Morris, Stanley)
February 2, 2022 Opinion or Order Filing 986 MEMORANDUM OF LAW in Opposition re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Collector's Coffee, Inc...(Morris, Stanley)
January 12, 2022 Opinion or Order Filing 985 MEMORANDUM OF LAW in Support re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit A - [Proposed] Amended Answer to the Holders' Amended Complaint in Intervention).(Spitzer, Seth)
January 12, 2022 Opinion or Order Filing 984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
December 29, 2021 Opinion or Order Filing 983 MEMO ENDORSEMENT: on re: #980 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed by January 12, 2022. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. So Ordered., ( Motions due by 1/12/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/2021) (ama)
December 29, 2021 Opinion or Order Filing 982 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated December 29, 2021 re: Request for a pre-motion conference regarding JRF's anticipated motion for leave to amend its answer. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
December 28, 2021 Opinion or Order Filing 981 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris, Esq. dated December 28, 2021 re: Response to Jackie Robinson Foundation Letter at Docket #980. Document filed by Collector's Coffee, Inc...(Corrigan, Brian)
December 27, 2021 Opinion or Order Filing 980 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated December 27, 2021 re: Request for leave to amend answer to assert a crossclaim against Collectors Coffee, Inc. in the Intervenor Action. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s [Proposed] Crossclaim).(Spitzer, Seth)
December 3, 2021 Opinion or Order Filing 979 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated December 3, 2021 re: Notice of Fully Submitted Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 3, 2021 Opinion or Order Filing 978 REPLY MEMORANDUM OF LAW in Support re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1-Deposition Excerpts).(Miller, Terry)
November 19, 2021 Opinion or Order Filing 977 MEMORANDUM OF LAW in Opposition re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Hansel, Cary)
November 17, 2021 Opinion or Order Filing 976 DECISION AND ORDER: Accordingly, for the reasons stated above, it is hereby ORDERED that the motion of the plaintiff Securities and Exchange Commission for summary judgment on Count Five of the First Amended Complaint (Dkt. No. 134) is GRANTED, and it is further ORDERED that the motions of the Defendants Mykalai Kontilai and Collector's Coffee Inc. for summary judgment of on Count Five of the First Amended Complaint are DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 11/17/2021) (js)
November 3, 2021 Opinion or Order Filing 975 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated November 3, 2021 re: Defendant Collector's Coffee, Inc.'s Notice of Submitted Briefs. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
November 3, 2021 Opinion or Order Filing 974 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Reply to Opposition of Jackie Robinson Foundation to Motion to Dismiss Second Cause of Action. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
November 3, 2021 Opinion or Order Filing 973 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 3, 2021 re: Notice of Errata. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 1, 2021 Opinion or Order Filing 972 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Reply to Opposition of Non-Party Securities and Exchange Commission. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
October 29, 2021 Opinion or Order Filing 971 MEMORANDUM OF LAW in Support re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Engagement Letter, #2 Exhibit 2- Email, #3 Exhibit 3- Deposition Excerpts, #4 Exhibit 4- Letter).(Miller, Terry)
October 29, 2021 Opinion or Order Filing 970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 28, 2021 Opinion or Order Filing 969 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mykalai Kontilai dated October 28, 2021 re: Legal Malpractice Claim. Document filed by Mykalai Kontilai..(Hansel, Cary)
October 27, 2021 Opinion or Order Filing 968 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. to Intervenor -Plaintiffs' Opposition. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
October 20, 2021 Opinion or Order Filing 967 MEMORANDUM OF LAW in Opposition re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
October 18, 2021 Opinion or Order Filing 966 MEMORANDUM OF LAW in Opposition re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 15, 2021 Opinion or Order Filing 965 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Defendant Mykalai Kontilai dated October 15, 2021 re: Notice of Submitted Briefs. Document filed by Mykalai Kontilai..(Hansel, Cary)
October 15, 2021 Opinion or Order Filing 964 REPLY to Response to Motion re: #958 MOTION for clarification of the terms of the asset freeze . . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Hansel, Cary)
October 13, 2021 Opinion or Order Filing 963 MEMORANDUM OF LAW in Opposition re: #962 Opposition Brief Memorandum of Law in Support of Intervenor Plaintiffs SDJ Investments, LLC, Adobe Investments, LLC, and Darren Siversten, Trustee of the Siversten Family Trust U/A/D/ 10/01/2002 Opposition to Collector's Coffee, Inc.'s Motion to Dismiss the Second Cause of Action of Intervenor's First Amended Complaint [DE 344] for Failure to Name Collector's Coffee, Inc., an Indispensable Party. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
October 12, 2021 Opinion or Order Filing 962 OPPOSITION BRIEF re: #344 Amended Complaint, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
October 8, 2021 Opinion or Order Filing 961 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated October 8, 2021 re: Response to Motion to Clarify Temporary Restraining Order (Doc. # 958). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 5, 2021 Opinion or Order Filing 960 MEMO ENDORSEMENT: on re: #959 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The pre-motion conference requirement for the SEC's proposed motion is waived. The briefing schedule shall be in accordance with paragraph 2.B of the Court's Individual Practices. The request for a conference to "narrow" or "eliminate" the need for defendant's previously-filed motion to clarify is denied. The Court has already stated its view in the context of the contempt motion that "the right to file a lawsuit" that "accrue[s] prior to the entry of the TRO... necessarily comes within the definition of 'asset' in the TRO." (Docket # 767 at 25). The Court does not see how a conference in which the Court repeats this conclusion is of any utility. If the SEC believes that it can successfully oppose the motion to clarify simply by citation to this statement, it is welcome to respond to the motion to clarify with a brief letter if it wishes. So Ordered. Motions terminated: #958 MOTION for clarification of the terms of the asset freeze filed by Mykalai Kontilai. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2021) (ama) Modified on 10/8/2021 (cf).
October 4, 2021 Opinion or Order Filing 959 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 4, 2021 re: Request for Leave to File Expanded Motion to Enforce Asset Freeze. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 1, 2021 Opinion or Order Filing 958 MOTION for clarification of the terms of the asset freeze . Document filed by Mykalai Kontilai. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N).(Hansel, Cary)
September 30, 2021 Opinion or Order Filing 957 DECLARATION of Brian T. Corrigan in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party.. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1 Scott Konop Deposition Excerpt, #2 Exhibit 2 Leigh Nathanson Deposition Excerpt and Exhibits, #3 Exhibit 3 Peter Siegel Deposition Excerpt and Exhibits, #4 Exhibit 4 Della Britton Deposition Excerpt and Exhibits, #5 Exhibit 5 Mark Langill 30(b)(6) Witness Deposition Excerpt and Exhibit).(Morris, Stanley)
September 30, 2021 Opinion or Order Filing 956 MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by Collector's Coffee, Inc...(Morris, Stanley)
September 30, 2021 Opinion or Order Filing 955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Document filed by Collector's Coffee, Inc.. Responses due by 10/21/2021.(Morris, Stanley)
September 22, 2021 Opinion or Order Filing 954 MEMO ENDORSEMENT on re: #953 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: No objection having been raised, the application is granted. The expert deposition deadline and the deadline for summary judgment motions are adjourned pending resolution of the expected motion to dismiss. The parties shall propose a new schedule within 7 days of the decision on the motion to dismiss. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/22/2021) (tg)
September 21, 2021 Opinion or Order Filing 953 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein dated September 21, 2021 re: Request for a Stay of the Expert Discovery Deadlines in the Intervenor Action. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
September 14, 2021 Opinion or Order Filing 952 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. Particular Motion: Motion proposed at Dkt. No. 950.The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636(c), all such communications shall be addressed solely to the Magistrate Judge. So Ordered. (Signed by Judge Victor Marrero on 9/14/2021) (js) Modified on 9/14/2021 (js).
September 14, 2021 Opinion or Order Filing 951 MEMO ENDORSEMENT: on re: #950 Letter filed by Collector's Coffee, Inc. ENDORSEMENT: The pre-motion conference is waived. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. CCI should accommodate the non-moving parties' reasonable proposals as to the briefing schedule. The proposal set forth by the non-moving parties in this letter is obviously reasonable. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/14/2021) (ama)
September 14, 2021 Opinion or Order Filing 950 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated September 14, 2021 re: Pre-Motion Conference and Pre-Motion Approval Re Motion to Dismiss Count II of Intervenor's First Amended Complaint. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
August 26, 2021 Opinion or Order Appeal Fee Paid electronically via Pay.gov: for #949 Notice of Interlocutory Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-24977772, paid on 8/25/2021..(nd)
August 26, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #949 Notice of Interlocutory Appeal..(nd)
August 26, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #949 Notice of Interlocutory Appeal filed by Collector's Coffee, Inc. were transmitted to the U.S. Court of Appeals..(nd)
August 25, 2021 Opinion or Order Filing 949 NOTICE OF INTERLOCUTORY APPEAL from #943 Order Adopting Report and Recommendations,,. Document filed by Collector's Coffee, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Morris, Stanley)
August 25, 2021 Opinion or Order Filing 948 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF APPEAL from #943 Order Adopting Report and Recommendations,,. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc.. Filing fee $ 505.00, receipt number ANYSDC-24977772. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Morris, Stanley) Modified on 8/25/2021 (nd).
August 25, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Morris, Stanley to RE-FILE Document No. #948 Notice of Appeal by Collectors Coffee, Inc.. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal;. Re-file the appeal using the event type Notice of Interlocutory Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. DISREGARD THE FILING FEE SCREEN. (nd) Modified on 8/25/2021 (nd).
August 6, 2021 Opinion or Order Filing 947 MEMO ENDORSEMENT: on re: #946 Letter, filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The proposed schedule is approved. SO ORDERED., ( Deposition due by 10/22/2021., Motions due by 11/5/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/06/2021) (ama)
August 6, 2021 Opinion or Order Filing 946 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 6, 2021 re: Lifting Interim Stay of Discovery in the Intervenor Case and Setting Expert Discovery Deadlines. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 5, 2021 Opinion or Order Filing 945 ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Collector's Coffee Inc...(Morris, Stanley)
August 5, 2021 Opinion or Order Filing 944 OPINION AND ORDER re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion, filed by United States Securities and Exchange Commission. For the foregoing reasons, plaintiff's motion to exclude the testimony of Bennett Gershman (Docket # 924) is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/5/2021) (va)
July 30, 2021 Opinion or Order Filing 943 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #890 Report and Recommendations. For the reasons stated above, it is hereby ORDERED that the Report and Recommendation of Magistrate Judge Gabriel Gorenstein (Dkt. No. 890) is adopted as the Court's decision in its entirety, and it is further ORDERED that the objections of CCI, Kontilai, and the Jackie Robinson Foundation (Dkt. Nos. 903, 904, 905) to Magistrate Judge Gorenstein's Report and Recommendation are DENIED. So Ordered (Signed by Judge Victor Marrero on 7/30/2021) (js)
July 23, 2021 Opinion or Order Filing 942 MEMO ENDORSEMENT denying without prejudice #941 Motion to Withdraw as Attorney. ENDORSEMENT: Application denied without prejudice to an application that states definitively whether or not the applicant is asserting a retaining or charging lien. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2021) (vfr)
July 22, 2021 Opinion or Order Filing 941 MOTION for GEORGE LAMBERT to Withdraw as Attorney of MYKALAI KONTILAI. Document filed by Mykalai Kontilai..(Lambert, George)
July 21, 2021 Opinion or Order Filing 940 DECISION AND ORDER re: #918 Report and Recommendations. For the reasons stated above, it is hereby ORDERED that, substantially for the reasons set forth in the Report and Recommendation of Magistrate Judge Gabriel Gorenstein ("R&R," Dkt. No. 918), the Court adopts the R&R in its entirety as the Court's decision on this matter, and it is further ORDERED that Defendants' objections to the R&R (Dkt. Nos. 922, 926) are DENIED. So Ordered. (Signed by Judge Victor Marrero on 7/21/2021) (js)
July 2, 2021 Opinion or Order Filing 939 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 2, 2021 re: Notice of Fully Submitted Motion, Doc. # 924-925. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 1, 2021 Opinion or Order Filing 938 LETTER addressed to Judge Victor Marrero from Stanley Morris dated July 1, 2021 re: Summary Judgment Record. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stock Purchase Agreement, #2 Exhibit 2 Confidential Settlement Agreement, #3 Exhibit 3 SEC Interrogatory Responses).(Morris, Stanley)
July 1, 2021 Opinion or Order Filing 937 REPLY MEMORANDUM OF LAW in Support re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 1, 2021 Opinion or Order Filing 936 MANDATE of USCA (Certified Copy) as to #663 Notice of Interlocutory Appeal, filed by Mykalai Kontilai, #912 Notice of Interlocutory Appeal, filed by Mykalai Kontilai, #787 Amended Notice of Appeal filed by Mykalai Kontilai. USCA Case Number 20-3973, 21-1223. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to FRAP 42. The stipulation is hereby "So Ordered"... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/01/2021..(nd)
June 21, 2021 Opinion or Order Filing 935 RESPONSE in Opposition to Motion re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Excerpt from Gail Holt Deposition October 7, 2020, #2 Exhibit Excerpt from Bennet Gershman Deposition, #3 Exhibit Excerpt from Gail Holt Deposition July 11, 2019).(Hansel, Cary)
June 17, 2021 Opinion or Order Filing 934 ORDER: For the reasons stated above, it is hereby ORDERED that Defendants requests to for a pre-motion conference and permission to file motions for summary judgment (Dkt. Nos. 886, 887, 888) are DENIED, and further it is hereby ORDERED that the SECs request for a pre-motion conference and permission to file a motion for partial summary judgment (Dkt. No. 879) is DENIED, and further it is hereby ORDERED the Court will treat the premotion letters as to Count V as fully submitted cross motions for summary judgment as to that claim. So Ordered. (Signed by Judge Victor Marrero on 6/17/2021) (js)
June 17, 2021 Opinion or Order Filing 933 ORDER: On June 16, 2021, defendants Mykalai Kontilai ("Kontilai") and Collector's Coffee Inc. ("CCI," and together with Kontilai "Defendants") filed a letter requesting permission to file a reply brief in support of their consolidated Rule 72 objections to Judge Gorenstein's Report and Recommendation denying Defendants' motion to dismiss. (See Dkt. No. 931.) After considering the matters raised in Defendants' letter, the Court is not persuaded that additional briefing is necessary to resolve the issues raised. Accordingly, the Court hereby denies the request for further briefing, but will consider the issues presented in the June 16 letter. So Ordered. (Signed by Judge Victor Marrero on 6/17/2021) (js)
June 17, 2021 Opinion or Order Filing 932 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated June 17, 2021 re: SEC Response to Defendants' Request to Submit a Reply (Dkt. No. 931). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 16, 2021 Opinion or Order Filing 931 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated June 16, 2021 re: Collector's Coffee, Inc.'s Request For Permission to File Reply to Docket 930 re Consolidated Rule 72 Objections. Document filed by Collector's Coffee Inc...(Morris, Stanley)
June 15, 2021 Opinion or Order Filing 930 MEMORANDUM OF LAW in Opposition re: #926 Objection to Report and Recommendations [Dkt. No. 918]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 8, 2021 Opinion or Order Filing 929 ORDER denying #900 Letter Motion for Leave to File Document. For the reasons stated above, it is hereby ORDERED that Defendants objections (Dkt. Nos. 899, 900) to Magistrate Judge Gorenstein's rulings on those matters are DENIED. (Signed by Judge Victor Marrero on 6/8/2021) (js)
June 3, 2021 Opinion or Order Filing 928 ORDER granting #927 Motion for Cary Johnson Hansel, III to Appear Pro Hac Vice for all purposes as counsel for Mykalai Kontilai. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/3/2021) (vfr)
June 2, 2021 Opinion or Order Filing 927 MOTION for Cary Johnson Hansel III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24619170. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Of Cary Johnson Hansel, #2 Exhibit Certificates of good standing, #3 Text of Proposed Order).(Joseph, Peter)
June 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #927 MOTION for Cary Johnson Hansel III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24619170. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 1, 2021 Opinion or Order Filing 926 OBJECTION to #918 Report and Recommendations Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 28, 2021 Opinion or Order Filing 925 MEMORANDUM OF LAW in Support re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Expert Report, #2 Exhibit 2- Deposition Excerpts).(Miller, Terry)
May 28, 2021 Opinion or Order Filing 924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 28, 2021 Opinion or Order Filing 923 NOTICE of Plaintiff United States Securities and Exchange Commission's Motion to Exclude Testimony of Bennett Gershman. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 24, 2021 Opinion or Order Filing 922 LETTER addressed to Judge Victor Marrero from Stanley Morris dated May 24, 2021 re: Request for Leave to File Objections to Report and Recommendation ECF 918. Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 21, 2021 Opinion or Order Filing 921 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated May 21, 2021 re: Election to file Motion to Exclude Expert Testimony. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 20, 2021 Opinion or Order Filing 920 MEMO ENDORSEMENT on re: #919 Letter Request for Pre-Motion Conference on Motion to Exclude Expert Testimony, filed by United States Securities and Exchange Commission. ENDORSEMENT: The pre-motion conference requirement is waived. Plaintiff may elect to have this letter serve as the motion or may file a new motion. Plaintiff shall file a letter on ECF on May 21, 2021, stating its choice. If a separate motion is filed, it shall be filed by May 28, 2021. In either event, briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices and either the notice of motion or election letter should set forth the dates of the briefing schedule. So Ordered., ( Motions due by 5/28/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/21) (yv)
May 19, 2021 Opinion or Order Filing 919 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated May 19, 2021 re: Request for Pre-Motion Conference on Motion to Exclude Expert Testimony. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Expert Report, #2 Exhibit 2- Deposition Excerpts).(Miller, Terry)
May 17, 2021 Opinion or Order Filing 918 REPORT AND RECOMMENDATION: re: #416 MOTION to Dismiss; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint filed by Collector's Coffee Inc. For the foregoing reasons, defendants consolidated motion to dismiss and strike (Docket # 416) should be denied. SO ORDERED. Objections to R&R due by 6/1/2021 (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/2021) (ama)
May 14, 2021 Opinion or Order Filing 917 RESPONSE re: #904 Objection to Report and Recommendations Intervenor Plaintiffs' Memorandum in Response and Opposition to Defendant Collector's Coffee, Inc.'s Objections to Report and Recommendations at Docket 890. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 14, 2021 Opinion or Order Filing 916 RESPONSE Intervenor Plaintiffs' Memorandum in Response and Opposition to Mykalai Kontilai's Rule 72 Objection to Magistrate Judge's April 19, 2021, Report and Recommendation at Docket 890. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 14, 2021 Opinion or Order Filing 915 RESPONSE re: #905 Objection to Report and Recommendations, Intervenor Plaintiffs' Memorandum in Response to Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s Limited Objection to Magistrate Judge Gorenstein's Report and Recommendation. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 10, 2021 Opinion or Order Filing 914 MEMO ENDORSEMENT: on re: #913 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: The deadlines for discovery as to the claims contained in Docket # 344, as reflected in Docket # 854, are stayed pending the disposition of the objections made in Docket #903, 904, 905. Within 7 days of the disposition of those objections, the parties to the claims made in Docket # 344 shall file joint or separate proposals as to a schedule for discovery. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/10/2021) (ama)
May 7, 2021 Opinion or Order Filing 913 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 7, 2021 re: Unopposed request for a pre-motion conference in anticipation of seeking an interim stay of the Intervenor Action pending resolution of the objections to the April 19, 2021 Report and Recommendation (ECF No. 890). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
May 7, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #912 Notice of Interlocutory Appeal, filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)
May 7, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #912 Notice of Interlocutory Appeal. (tp)
May 6, 2021 Opinion or Order Filing 912 NOTICE OF INTERLOCUTORY APPEAL from #875 Order,,. Document filed by Mykalai Kontilai. Filing fee $ 505.00, receipt number ANYSDC-24506217. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Appendix).(Joseph, Peter)
May 6, 2021 Opinion or Order Filing 911 ORDER: Accordingly, defendants may depose Chapman as to the topics as specified above. The deponent may decline to answer any questions not within these topic areas by invoking Fed. R. Civ. P. 30(c)(2).3 Having already conducted more than 90 minutes of questioning, Veronica shall be allowed a maximum of 2 hours 15 minutes to complete the direct examination, which she may share with co-defendants. The SEC shall be allowed a maximum of 15 minutes of cross-examination. Chapmans counsel has leave to ask additional questions of his client after the parties to this case have used their time. The deposition shall take place within 14 days of the date of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/2021) (cf)
May 5, 2021 Opinion or Order Filing 910 OPINION AND ORDER: re: #851 MOTION to Withdraw Deemed Admissions filed by Mykalai Kontilai. For the foregoing reasons, defendant's motion to withdraw admissions (Docket # 851) is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/05/2021) (ama)
May 4, 2021 Opinion or Order Filing 909 LETTER addressed to Judge Victor Marrero from Patrick Stoltz, Esq. dated May 4, 2021 re: Response to Kontilai's Request for Leave to File Rule 72 Objections [Dkt. Nos. 899 and 900]. Document filed by John Culotta..(Stoltz, Patrick)
May 4, 2021 Opinion or Order Filing 908 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 5.4.21 re: Deposition of David Chapman. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
May 4, 2021 Opinion or Order Filing 907 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated May 4, 2021 re: Response to Defendants' Request to Brief Rule 72(a) Objections [Dkt. Nos. 899 and 900]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 4, 2021 Opinion or Order Filing 906 LETTER addressed to Judge Victor Marrero from Dane H. Butswinkas dated May 4, 2021 re: Response to Mykalai Kontilai's Request to File Rule 72 Objections (Dkt. 899). Document filed by Andrew Ceresney..(Butswinkas, Dane)
May 3, 2021 Opinion or Order Filing 905 OBJECTION to #890 Report and Recommendations -- Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s Limited Objection to Magistrate Judge Gorenstein's Report and Recommendation. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit 1 - 2013 Purchase Agreement).(Spitzer, Seth)
May 3, 2021 Opinion or Order Filing 904 OBJECTION to #890 Report and Recommendations Re Subject Matter Jurisdiction and Staying Part of Intervenor Action Document filed by Collector's Coffee Inc., Collector's Coffee, Inc...(Morris, Stanley)
May 3, 2021 Opinion or Order Filing 903 BRIEF re: #890 Report and Recommendations,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)
April 30, 2021 Opinion or Order Filing 902 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated April 30, 2021 re: SEC Response to Mykalai and Veronica Kontilai's Letter Concerning Proposed Deposition Topics of David Chapman [Dkt. No. 897]. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
April 30, 2021 Opinion or Order Filing 901 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jay V. Surgent, Esq. dated April 30, 2021 re: Opposition to Motion to Compel Deposition of Client. Document filed by David Clyde Chapman..(Surgent, Jay)
April 27, 2021 Opinion or Order Filing 900 LETTER MOTION for Leave to File Rule 72 Objection , Joinder with Letter Dkt. 899, addressed to Judge Victor Marrero from George Lambert, counsel for Relief Defendant Veronica Kontilai dated April 27, 2021. Document filed by Veronica Kontilai..(Lambert, George)
April 27, 2021 Opinion or Order Filing 899 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 27, 2021 re: Request to File Rule 72 Objections. Document filed by Mykalai Kontilai..(Heim, Robert)
April 26, 2021 Opinion or Order Filing 898 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated April 26, 2021 re: SEC Response to Defendants' Request to File a Summary Judgment Motion (Dkt. Nos. 886, 887, and 888). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 23, 2021 Opinion or Order Filing 897 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 4.23.21 re: Conference 4.16.21. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Consulting agreement Collectors' Coffe, #2 Exhibit Transcript excerpt Blue Sunsets, #3 Exhibit Transcript excerpt Chapman deposition 2.22.21).(Joseph, Peter)
April 23, 2021 Opinion or Order Filing 896 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated April 23, 2021 re: Response to ECF Nos. 879 and 882. Document filed by Collector's Coffee Inc...(Morris, Stanley)
April 23, 2021 Opinion or Order Filing 895 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 23, 2021 re: Response to SEC Letter re Summary Judgment. Document filed by Mykalai Kontilai..(Heim, Robert)
April 23, 2021 Opinion or Order Filing 894 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated 04/23/2021 re: Defendants request to depose David Chapman. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (April 2015 email), #2 Exhibit B (proof of service), #3 Exhibit C (depo. transcript), #4 Exhibit D (March 2021 email), #5 Exhibit E (March 2020 email), #6 Exhibit F (Disco response)).(Williams, Mark)
April 21, 2021 Opinion or Order Filing 893 AFFIDAVIT OF SERVICE of email served on David Clyde Chapman on 4.16.21. Document filed by Mykalai Kontilai..(Joseph, Peter)
April 21, 2021 Opinion or Order Filing 892 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/16/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
April 21, 2021 Opinion or Order Filing 891 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/16/2021 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021..(kv)
April 19, 2021 Opinion or Order Filing 890 REPORT AND RECOMMENDATION: re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration filed by Collector's Coffee, Inc. For the foregoing reasons, defendants' motion for judgment on the pleadings (Docket # 398) should be denied, but the Holders' claims against defendants Collectors Coffee, Inc. and Mykalai Kontilai should be stayed pending arbitration. Objections to R&R due by 5/3/2021 (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/19/2021) (ama)
April 19, 2021 Opinion or Order Filing 889 ORDER: Defendants Collector's Coffee Inc., Mykalai Kontilai, and Veronica Kontilai have each filed letters seeking a pre- motion conference and permission to file further briefing in support of their anticipated motions for summary judgment. (See Dkt. Nos. 886, 887, 888.) The SEC is hereby directed to respond to the matters set forth in these three letters by April 26, 2021 via a single letter not to exceed six pages in length. So Ordered. (Signed by Judge Victor Marrero on 4/19/2021) (js)
April 16, 2021 Opinion or Order Filing 888 LETTER addressed to Judge Victor Marrero from Peter Alan Joseph Esq. dated 4.16.21 re: Veronica Kontiala. Document filed by Veronica Kontilai..(Joseph, Peter)
April 16, 2021 Opinion or Order Filing 887 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 16, 2021 re: Premotion Conference and Permission to File Summary Judgment Motion. Document filed by Mykalai Kontilai..(Heim, Robert)
April 16, 2021 Opinion or Order Filing 886 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated April 16, 2021 re: Pre-Motion Conference and Request to File Motion for Summary Judgment. Document filed by Collector's Coffee Inc...(Morris, Stanley)
April 16, 2021 Opinion or Order Filing 885 ORDER denying #872 Motion to Compel. This Order addresses the motion of Mykalai Kontilai to compel further deposition testimony from attorney John Culotta. For essentially the reasons given in the Attorney Deposition Ruling (at pp. 8-11), we find that no such further testimony is warranted. Accordingly, the motion to compel (Docket # 872) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2021) (rch)
April 16, 2021 Opinion or Order Filing 884 OPINION AND ORDER: re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition filed by Veronica Kontilai, Mykalai Kontilai. For the foregoing reasons, defendants' motion to compel answers from Holt's attorneys (Docket # 820) is granted in part and denied in part. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2021) (ama) (Main Document 884 replaced on 4/16/2021) (ama).
April 16, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 4/16/2021. Discovery orders issued. See transcript. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (rch)
April 15, 2021 Opinion or Order Filing 883 NOTICE OF APPEARANCE by Jay V. Surgent on behalf of David Clyde Chapman..(Surgent, Jay)
April 15, 2021 Opinion or Order Filing 882 MEMO ENDORSEMENT on re: #879 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Defendants are directed to respond by April 23, 2021, by letter not to exceed three pages, to the matter set forth above by stating their position on the SEC's anticipated motion. So Ordered. (Signed by Judge Victor Marrero on 4/15/2021) (js)
April 15, 2021 Opinion or Order Filing 881 ORDER granting #880 MOTION to Suspend Briefing on Motion to Compel as to Non-Party John Culotta. Mr. Culotta's deadline to respond is adjourned sine die pending further order of the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 04/15/2021) (rch)
April 14, 2021 Opinion or Order Filing 880 MOTION to Suspend Briefing on Motion to Compel as to Non-Party John Culotta Pending Decision on Related Motion to Compel as to Gail Holt's Former Attorneys. Document filed by John Culotta..(Stoltz, Patrick)
April 14, 2021 Opinion or Order Filing 879 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated April 14, 2021 re: SEC Request for Pre-Motion Conference for Motion for Partial Summary Judgment. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 13, 2021 Opinion or Order Filing 878 AFFIDAVIT OF SERVICE of Doc. 877 served on David Clyde Chapman on 4.13.21. Document filed by Mykalai Kontilai..(Joseph, Peter)
April 13, 2021 Opinion or Order Filing 877 ORDER re: #876 Letter filed by Mykalai Kontilai. A conference to discuss the request by Mykalai Kontilai for sanctions against David Clyde Chapman, as raised in the letter dated April 12, 2021 (Docket # 876), shall take place on Friday, April 16, 2021, at 4:00 p.m. Only counsel for Mykalai Kontilai and Mr. David Clyde Chapman are required to appear for this call. At the above date and time, Mykalai Kontilai's counsel and David Clyde Chapman (and any counsel for Mr. Chapman who has filed a notice of appearance) shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. Counsel for Mykalai Kontilai is directed to immediately serve a copy of this Order on David Clyde Chapman by email and overnight mail. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/13/2021) (rch)
April 12, 2021 Opinion or Order Filing 876 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 4.12.21 re: Doc. 829. Document filed by Mykalai Kontilai..(Joseph, Peter)
April 9, 2021 Opinion or Order Filing 875 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that Defendants' objections (Dkt. Nos. 773, 778, 796, 797, 850, 861) to Magistrate Judge Gorenstein's rulings on those matters are DENIED; and it is further ORDERED that to the extent Defendants wish to file Rule 72 objections to nondispositive rulings issued in magistrate court in the future, they must submit a two-page letter to this Court explaining the basis for any objection and requesting leave to file full briefing. Any party may respond to such a letter via two-page letter within one week. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 4/9/2021) (jca)
April 9, 2021 Opinion or Order Filing 874 FIRST LETTER MOTION for Extension of Time to oppose Objection addressed to Judge Victor Marrero from Christopher D. Skoczen dated April 9, 2021. Document filed by Timothy Dennin..(Skoczen, Christopher)
April 6, 2021 Opinion or Order Filing 873 MEMORANDUM OF LAW in Support re: #872 MOTION to Compel John Culotta to answer deposition questions . . Document filed by Mykalai Kontilai..(Heim, Robert)
April 6, 2021 Opinion or Order Filing 872 MOTION to Compel John Culotta to answer deposition questions . Document filed by Mykalai Kontilai..(Heim, Robert)
April 6, 2021 Opinion or Order Filing 871 REPLY re: #844 Order to Show Cause,,,, #867 Response to Order to Show Cause Plaintiff U.S. Securities and Exchange Commission's Reply to Response to Order to Show Cause. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 6, 2021 Opinion or Order Filing 870 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry Miller, Esq. dated April 6, 2021 re: Kontilai's Untimely Relief Brief, Doc. # 868. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 5, 2021 Opinion or Order Filing 869 RESPONSE re: #849 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 2, 2021 Opinion or Order Filing 868 REPLY MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)
April 2, 2021 Opinion or Order Filing 867 RESPONSE TO ORDER TO SHOW CAUSE re: #844 Order to Show Cause,,,,. Document filed by Mykalai Kontilai..(Lambert, George)
April 2, 2021 Opinion or Order Filing 866 AFFIDAVIT of George Lambert re: #844 Order to Show Cause,,,, . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, Expert Opinion of Prof. Shlomo Argamon, Ph.D. (Yale), #2 Exhibit 2. Professional Articles, #3 Exhibit 3. Info on Prof. Argamon, research article, #4 Exhibit 4. Report of National Bureau of Economic Research, #5 Exhibit 5. Report of American Economic Association, #6 Exhibit 6, Info on Prof. Julian Kolev, Ph.D. (Harvard), #7 Exhibit 7. Info of USPTO on Prof. Kolev, #8 Exhibit 8. Info on Dr. Yuly Fuentes-Medel, Ph.D., #9 Exhibit 9, Info on Prof. Fiona Murray, Ph.D. (Harvard), #10 Exhibit 10.Research Artbstract in the Harvard Journal, #11 Exhibit 11. Yahoo Research Project Report by 5 authors, #12 Exhibit 12.Research article in the Digital Investigation Journal, 3 authors, #13 Exhibit 13, Info on Prof. Erin Hengel, article based on thesis, #14 Exhibit 14, Extract from depo transcript Ms. Gail Holt, #15 Exhibit 15. Transcript of admissions by atty on behalf of Ms. Gail Holt, #16 Exhibit 16, Notes on questioning of Ms. Gail Holt on Dec. 20, 2018, #17 Exhibit 17. Affirmation of atty Ed Little, #18 Exhibit 18, Extract from depo transcript of Ms. Gail Holt, #19 Exhibit 19, Table of admissions of Ms. Gail Holt, #20 Exhibit 20. Info on Prof. Emeritus Daniel F. Melia, Ph.D. (Harvard), #21 Exhibit 21. Info on Prof. Emeritus Dennis Baron, Ph.D.).(Lambert, George)
March 31, 2021 Opinion or Order Filing 865 ORDER: granting #864 Letter Motion for Extension of Time to File Response/Reply re #864 LETTER MOTION for Extension of Time to File Response/Reply as to #863 Order, Set Deadlines/Hearings and to Hold Briefing in Abeyance Pending Decision on Related Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patri. The defendant's motion remains due on April 6, 2021. Mr. Culotta's response shall be due April 20, 2021. Any reply shall be due April 22, 2021. It is not yet clear to the Court that the disposition of the instant application will be governed by any decision on the pending application regarding the testimony of Gail Holt's former attorneys. If the Court does not issue an order relevant to this question by April 13, 2021, Mr.Culotta is free to renew his request to suspend briefing at that time. SO ORDERED. Responses due by 4/20/2021 Replies due by 4/22/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/31/2021) (ama)
March 30, 2021 Opinion or Order Filing 864 LETTER MOTION for Extension of Time to File Response/Reply as to #863 Order, Set Deadlines/Hearings,,,,,, and to Hold Briefing in Abeyance Pending Decision on Related Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick Stoltz dated March 30, 2021. Document filed by John Culotta..(Stoltz, Patrick)
March 30, 2021 Opinion or Order Filing 863 ORDER: Defendant Mykalai Kontilai has submitted a letter concerning an anticipated motion seeking to compel answers from non-party witness John Culotta (Docket # 837). The pre-motion conference requirement for this motion is waived. Defendant's motion shall be filed by April 6, 2021. Opposition papers shall be filed by April 13, 2021; any reply shall be filed by April 15, 2021. This Order shall not be construed as opining on the question of whether defendant's application, filed more than a month after the conclusion of the deposition and which was not promptly served on the deponent (see Docket # 856 at 1), was timely. SO ORDERED., ( Motions due by 4/6/2021., Responses due by 4/13/2021, Replies due by 4/15/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)
March 30, 2021 Opinion or Order Filing 862 ORDER: denying #858 Motion for Reconsideration re #858 MOTION for Reconsideration re; #836 Order on Motion to Quash, filed by Veronica Kontilai, Mykalai Kontilai. With regard to defendant Mykalai Kontilai's motion for reconsideration (Docket # 858) of the Court's Order of March 15, 2021 (Docket # 836) ("the Order"), the Court has previously set forth the standards for such a motion. See SEC v. Collector's Coffee Inc., 464 F. Supp. 3d 665, 667 (S.D.N.Y. 2020). The defendant's motion contains a rehashing of arguments previously made and rejected, with an occasional citation to cases never before presented to the Court. None of these cases or the rehashed arguments alter the Court's conclusions as set forth in the Order. The only new matter presented relevant to the Order is the citation to a declaration regarding alleged prosecutorial misconduct (Docket # 821-5). Defendant failed to bring this declaration to the Court's attention before the briefing schedule was complete on the original motion, even though the declaration was available to defendant before that date. The suggestion that the Court erred by failing to consider as part of the adjudication of the order to show cause a document filed as part of the briefing of a different motion is frivolous. Moreover, the declaration is irrelevant to the issue on which the Order turned: namely, how any alleged improper motives of the SEC prejudiced Kontilai in conducting his defense. Defendant's brief fails to address this question other than making generic statements regarding the law governing the striking of affirmative defenses. The remainder of the motion (pp. 5-7) inexplicably contains argument related to another motion pending before the Court (Docket # 820). This argument does not address the issues relevant to the Order.The motion for reconsideration (Docket # 858) is denied. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)
March 29, 2021 Opinion or Order Filing 861 BRIEF re: #836 Order on Motion to Quash, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)
March 29, 2021 Opinion or Order Filing 860 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 3.29.21 re: Doc. 856. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 29, 2021 Opinion or Order Filing 859 MEMORANDUM OF LAW in Opposition re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13).(Miller, Terry)
March 29, 2021 Opinion or Order Filing 858 MOTION for Reconsideration re; #836 Order on Motion to Quash, . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 25, 2021 Opinion or Order Filing 857 MEMO ENDORSEMENT re #856 . Defendants may file any reply to this letter on or before March 29, 2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/25/2021) (Gorenstein, Gabriel)
March 25, 2021 Opinion or Order Filing 856 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick Stoltz dated March 25, 2021 re: Response to Kontilai's Pre-Motion Letter Re John Culotta (Doc. No. 837). Document filed by John Culotta..(Stoltz, Patrick)
March 23, 2021 Opinion or Order Filing 855 ORDER: Accordingly, the Court orders Culotta to respond to defendants' letter by March 25, 2021 by means of a letter filed on ECF. In his letter, Culotta should address the basis on which he asserted the attorney-client privilege. That response should include a discussion of whether he asserted the privilege solely in connection with Holt, or if he also asserted the privilege in connection with Collector's Coffee, Inc., another defendant in this action, and if so whether he was advised of CCI's waiver of the privilege. Defendants shall serve a copy of this Order on Culotta forthwith. Nothing in this Order shall be construed as opining on whether the defendants' letter on this issue was timely. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2021) (ama)
March 23, 2021 Opinion or Order Filing 854 SUPPLEMENTAL SCHEDULING ORDER: Accordingly, the Court issues the following schedule: With respect to the SEC Case: 1. Any letters to Judge Marrero requesting permission to make a summary judgment motion shall be filed on or before April 16, 2021. 2. Depositions of experts shall be completed by April 30, 2021. With respect to the Intervenor Case 1. Expert rebuttal reports shall be served by May 18, 2021. 2. Expert depositions shall be completed by June 15, 2021. 3. Any letters to Judge Marrero requesting permission to make a summary judgment motion shall be filed on or before June 29, 2021. And as set forth herein. SO ORDERED. Motions due by 6/29/2021. Deposition due by 6/15/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2021) (ama)
March 22, 2021 Opinion or Order Filing 853 DECLARATION of George Lambert in Support re: #851 MOTION to Withdraw Deemed Admissions.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit June 2020 Responses, #2 Exhibit October 2020 Responses, #3 Exhibit Email Serving Responses).(Heim, Robert)
March 22, 2021 Opinion or Order Filing 852 MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)
March 22, 2021 Opinion or Order Filing 851 MOTION to Withdraw Deemed Admissions. Document filed by Mykalai Kontilai..(Heim, Robert)
March 22, 2021 Opinion or Order Filing 850 Objection re: #823 Order on Motion for Reconsideration,,, corrects Doc. 849. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 22, 2021 Opinion or Order Filing 849 Objection re: #823 Order on Motion for Reconsideration,,, . Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)
March 19, 2021 Opinion or Order Filing 848 NOTICE of Errata re: #846 Letter. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Errata to Doc. # 846 Proposed Scheduling Order).(Miller, Terry)
March 19, 2021 Opinion or Order Filing 847 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated March 19, 2021 re: Modification of Scheduling Order. Document filed by Collector's Coffee Inc...(Morris, Stanley)
March 19, 2021 Opinion or Order Filing 846 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 19, 2021 re: Proposed Scheduling Order. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 19, 2021 Opinion or Order Filing 845 NOTICE of Notice of Errata re: #839 Reply Memorandum of Law in Support of Motion,. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Appendix errata corrected in Dkt 839).(Lambert, George)
March 19, 2021 Opinion or Order Filing 844 ORDER TO SHOW CAUSE: Accordingly, Mr. Lambert is hereby ORDERED TO SHOW CAUSE why he should not be sanctioned on one or more of the following bases: (1) the inherent power of the court, see generally Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991), including but not limited to the power to revoke pro hac vice status for conduct prejudicial to the administration of justice, see, e.g., MacDaw, Inc. v. CIT Group Equip. Financing, Inc., 138 F.3d 33 (2d Cir. 1998); (2) Fed. R. Civ. P. 11(c)(3) on the ground that the statement as to the writing styles of males and females constitutes a factual contention that has no evidentiary support, see Fed. R. Civ. P. 11(b)(3); and/or on the ground that the statement was designed to harass an adversary by subjecting the adversary to malicious sex-based stereotypes, see Fed. R. Civ. P. 11(b)(1). Such showing shall be made by means of an affidavit and a memorandum of law compliant with Local Civil Rule 7.1(a)(2) filed on or before April 2, 2021. The Court will thereafter issue a written order in the event a sanction is imposed. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2021) (rj)
March 18, 2021 Opinion or Order Filing 843 AFFIDAVIT OF SERVICE of ENDORSEMENT ORDER, re. resumption of deposition of David Clyde Chapman served on DAVID CLYDE CHAPMAN on March 18, 2021. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Affidavit).(Lambert, George)
March 18, 2021 Opinion or Order Filing 842 AFFIDAVIT OF SERVICE of Doc. No. 829 served on David Clyde Chapman on 3.15.21. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 18, 2021 Opinion or Order Filing 841 AFFIDAVIT OF SERVICE of Doc. No. 829 served on David Clyde Chapman on 3.15.21. Service was made by Mail. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 17, 2021 Opinion or Order Filing 840 REPLY AFFIRMATION of MYKALAI KONTILAI in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Lambert, George)
March 17, 2021 Opinion or Order Filing 839 REPLY MEMORANDUM OF LAW in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Mykalai Kontilai, Veronica Kontilai..(Lambert, George)
March 17, 2021 Opinion or Order Filing 838 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 17, 2021 re: Response to Kontilais Pre-motion Discovery Letter Re John Culotta. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 15, 2021 Opinion or Order Filing 837 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 3.15.21 re: compel deposition. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)
March 15, 2021 Opinion or Order Filing 836 ORDER granting #770 Motion to Quash. Accordingly, the affirmative defenses numbered 19 and 20 are stricken. Dennin's motion to quash (Docket # 770) is granted. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/15/2021) (GWG)
March 15, 2021 Opinion or Order Filing 835 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 15, 2021 Opinion or Order Filing 834 DECLARATION of Dane H. Butswinkas in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Andrew Ceresney. (Attachments: #1 Exhibit A).(Butswinkas, Dane)
March 15, 2021 Opinion or Order Filing 833 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Andrew Ceresney..(Butswinkas, Dane)
March 15, 2021 Opinion or Order Filing 832 NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Andrew Ceresney..(Butswinkas, Dane)
March 15, 2021 Opinion or Order Filing 831 DECLARATION of Gail A. Holt in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Gail Herman-Holt. (Attachments: #1 Exhibit A, #2 Exhibit B).(Perry, Joseph)
March 15, 2021 Opinion or Order Filing 830 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Gail Herman-Holt..(Perry, Joseph)
March 15, 2021 Opinion or Order Filing 829 MEMO ENDORSEMENT on re: #826 Letter re: compel deposition filed by Veronica Kontilai, Mykalai Kontilai. ENDORSEMENT: Having pushed all depositions to the brink of the discovery deadline, it is inexplicable that defendants waited nearly 3 weeks to bring this issue to the Court's attention. Be that as it may, the Court will consider permitting the deposition to continue provided the defendants proceed with alacrity to reschedule it (presumably with Mr. Chapman having hired an attorney) for a date to occur within the next 14 days. The parties are directed to confer with Mr. Chapman on the rescheduling. If agreement cannot be reached, the parties shall inform the Court and the Court will schedule a conference. In light of Mr. Chapman's pro se status and defendants' numerous delays, the request for fees and sanctions is denied. Defendants are directed to serve a copy of this Order on Mr. Chapman. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/15/2021) (rj)
March 15, 2021 Opinion or Order Filing 828 DECLARATION of Robert A. Schwinger in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by William J. Leone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Schwinger, Robert)
March 15, 2021 Opinion or Order Filing 827 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by William J. Leone..(Schwinger, Robert)
March 12, 2021 Opinion or Order Filing 826 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from PETER JOSEPH dated 3.12.21 re: compel deposition. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 12, 2021 Opinion or Order Filing 825 RESPONSE TO ORDER TO SHOW CAUSE re: #803 Order to Show Cause,,. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 12, 2021 Opinion or Order Filing 824 BRIEF re: #803 Order to Show Cause,, to Strike Defendants' 19th and 20th Affirmative Defenses. Document filed by Timothy Dennin..(Skoczen, Christopher)
March 8, 2021 Opinion or Order Filing 823 ORDER denying #793 MOTION for Reconsideration re; #768 Order Imposing Sanction filed by Mykalai Kontilai. Because the Court's misapprehension that the new responses were "duplicates" was not necessary to the ruling in the January 27 Order, the request for reconsideration (Docket # 793) is denied. Nonetheless, the Court invites Kontilai to use the method provided in the Federal Rules to be relieved of the admissions by filing an application under Fed. R. Civ. P. 36(b), which permits admissions to be withdrawn or amended "if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits." If Kontilai wishes to make such an application, he may do so by letter, provided it is filed by March 22, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/8/2021) (mml)
March 8, 2021 Opinion or Order Filing 822 MEMORANDUM OF LAW in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 8, 2021 Opinion or Order Filing 821 DECLARATION of George Lambert in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit Deposition transcript of Gail Holt, #2 Exhibit Deposition transcript of Susie Youn, #3 Exhibit Deposition transcript of William Leone, #4 Exhibit Deposition transcript of Andrew Ceresney, #5 Exhibit Expert Report of Professor B. Gersham).(Joseph, Peter)
March 8, 2021 Opinion or Order Filing 820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 8, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 3/22/2021. (mml)
March 5, 2021 Opinion or Order Filing 819 MEMORANDUM OF LAW . Document filed by Mykalai Kontilai..(Joseph, Peter)
March 5, 2021 Opinion or Order Filing 818 MEMO ENDORSEMENT on re: #817 Letter filed by Mykalai Kontilai, ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed by March 12, 2021. Briefing thereafter shall be in accordance with paragraph 2.B of the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/5/2021) ( Motions due by 3/12/2021.) (ks)
March 4, 2021 Opinion or Order Filing 817 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated March 4, 2021 re: Motion to Compel Deposition Testimony. Document filed by Mykalai Kontilai..(Heim, Robert)
March 2, 2021 Opinion or Order Filing 816 REPLY MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)
March 2, 2021 Opinion or Order Filing 815 MEMO ENDORSEMENT: on re: #812 Letter filed by Timothy Dennin. ENDORSEMENT: The Court cautions counsel as follows: (1) unlike Rule 37, Rule 11 is directed only to papers "presented to the court" and thus it is unclear how it could apply to service of subpoenas; (2) whatever "paper" is the subject of this proposed motion can only be a paper presented to this Court, not to a court in another district or in another case; (3) if counsel chooses to proceed, the "safe harbor" provision of Rule 11(c)(2) requires that the document served on the opposing party 21 days in advance of filing be the actual motion (or at least a notice of motion as was stated in the Star Mark Management case) -- not merely a letter requesting permission to make a motion. All that being said, if counsel still wishes to proceed, the Court's pre-motion conference requirement is waived as to any motion relating to the subpoenas or to the application to quash them. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)
March 2, 2021 Opinion or Order Filing 814 MEMO ENDORSEMENT: on re: #813 Letter filed by Collector's Coffee Inc. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)
March 1, 2021 Opinion or Order Filing 813 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated March 1, 2021 re: Expert Discovery Deadline Extension. Document filed by Collector's Coffee Inc...(Morris, Stanley)
March 1, 2021 Opinion or Order Filing 812 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated March 1, 2021 re: Request for Pre-Motion Conference for Leave to Move for Sanctions. Document filed by Timothy Dennin. (Attachments: #1 Exhibit A - Kontilai v. Debevoise, #2 Exhibit A, part ii - Kontilai v. Debevoise, #3 Exhibit B - Initial Subpoena, #4 Exhibit C - Subpoena).(Skoczen, Christopher)
February 25, 2021 Opinion or Order Filing 811 ORDER granting #807 Letter Motion for Extension of Time. Fed. R. Civ. P. 12(f)(1) specifically affords a court authority to strike an insufficient defense sua sponte. Thus, Kontilai's contention that the sufficiency of a defense can only be resolved with a motion "first filed by the SEC" is frivolous. Moreover, because the Court gave specific reasons why the defenses at issue may be infirm, Kontilai is on notice as to precisely what issues he needs to address with respect to those defenses. As for the request for more time, Kontilai has apparently granted himself an extension inasmuch as he has not responded to the Order to Show Cause by the date ordered. Instead, he filed a request for an extension on the due date itself (and after business hours) and ignored the Court-ordered deadline. In any event, we note that the request for an extension is based on Kontilai's incorrect perception that his response is somehow akin to an opposition to a summary judgment motion or that it would be appropriate to hold an "evidentiary hearing." To be clear, Kontilai is permitted to file only a "letter or memorandum of law" (Docket # 803 at 2) in response to the Order to Show Cause. No other material, such as evidentiary material, may be submitted. Now that the Court has reminded Kontilai what he is allowed to file, it is unclear if Kontilai actually needs the amount of time he requests. Nonetheless, the Court will extend the deadline to respond to the Order to Show Cause to the requested date of March 5, 2021. Any response is due March 12, 2021. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2021) (kv)
February 25, 2021 Opinion or Order Set/Reset Deadlines: Replies due by 3/12/2021. Show Cause Response due by 3/5/2021. (kv)
February 24, 2021 Opinion or Order Filing 810 MEMORANDUM OF LAW in Opposition re: #797 Brief Plaintiff's Memorandum of Law in Opposition to Objection to Magistrate Judge's Order Declaring the Freeze Order Provisions of the TRO Remain in Effect. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
February 24, 2021 Opinion or Order Filing 809 MEMORANDUM OF LAW in Opposition re: #796 Brief, Plaintiff's Memorandum of Law in Opposition to Objections to Magistrate Judge's Discovery Order. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 24, 2021 Opinion or Order Filing 808 MEMORANDUM OF LAW in Opposition re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 24, 2021 Opinion or Order Filing 807 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated February 24 2021. Document filed by Mykalai Kontilai..(Heim, Robert)
February 18, 2021 Opinion or Order Filing 806 MEMO ENDORSEMENT: on re: #801 Letter filed by Mykalai Kontilai. ENDORSEMENT: It is unclear what motion is being proposed. This letter might be construed as seeking permission to make a motion for clarification of the TRO - that is, an order clarifying that the filing and continued pursuit of the lawsuit is permitted by the TRO. The SEC asserts that Kontilai is seeking to move to "modify" the TRO (see Docket # 804 at 1) - a term defendant does not actually use. In any event, the Court's pre-motion conference requirement is waived. Any party (including the SEC, which may file a motion to enforce) is permitted to file any motion it wants on this question, though it is certainly incumbent on that party to specify precisely what body of law it relies on in seeking relief. The defendant is warned that any motion will have to address many if not all of the factual issues raised by the SEC in its letter (Docket # 804) as they plainly bear on the questions of whether the pursuit of the lawsuit is already permitted by the TRO and whether, if not, the TRO should be modified to permit it. As to the SEC's request for discovery, it is recommended that the defendant be as accommodating as possible. If it turns out that the SEC can responsibly respond to the defendant's motion (whatever it turns out to be) only if the defendant affords it specific discovery, the Court would not grant the defendant's motion unless the SEC is afforded that discovery. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2021) (ama)
February 18, 2021 Opinion or Order Filing 805 ORDER re: #803 Order to Show Cause. The words "The plaintiffs are" in the last paragraph of the Order to Show Cause dated February 17, 2021 (Docket # 803), are amended to read "Kontilai is." (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2021) (rch)
February 17, 2021 Opinion or Order Filing 804 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated February 17, 2021 re: Response to Request for Pre-motion Conference to Modify Asset Freeze Order (Doc. # 801). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 17, 2021 Opinion or Order Filing 803 ORDER TO SHOW CAUSE: Accordingly, the plaintiffs are hereby ORDERED TO SHOW CAUSE by means of a letter or memorandum of law filed on or before February 24, 2021, why these defenses should not be stricken pursuant to Fed. R. Civ. P. 12(f)(1) or in the alternative be deemed to not support any request for discovery pursuant to Fed. R. Civ. P 26(b). Any other party may respond by means of a filing made on or before March 3, 2021. And as set forth herein. SO ORDERED. Show Cause Response due by 2/24/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/17/2021) (ama)
February 16, 2021 Opinion or Order Filing 802 DECISION AND ORDER: denying #800 Letter Motion for Extension of Time to File On February 15, 2021, Defendants filed a letter motion requesting a conference to request "a ruling nunc pro tunc, namely the Court's ruling [on] the starting event for purposes of Rule 72...." (See Dkt. No. 800.) The Court denies this request. Both parties have been afforded the opportunity to address the timeliness of the objection in question, (see Dkt. Nos. 778, 799, 800), and the Court will issue its decision on the basis of the parties' written submissions. So Ordered. (Signed by Judge Victor Marrero on 2/16/2021) (js)
February 15, 2021 Opinion or Order Filing 801 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 2.15.21 re: Doc. 769. Document filed by Mykalai Kontilai..(Joseph, Peter)
February 15, 2021 Opinion or Order Filing 800 LETTER MOTION for Extension of Time to File 776, nunc pro tunc, addressed to Judge Victor Marrero from George Lambert, counsel for Dft Mykalai Kontilai dated February 15, 2021. Document filed by Mykalai Kontilai..(Lambert, George)
February 11, 2021 Opinion or Order Filing 799 MEMORANDUM OF LAW in Opposition re: #778 Objection (non-motion), #773 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 10, 2021 Opinion or Order Filing 798 NOTICE OF APPEARANCE by Mehreen Hayat on behalf of Timothy Dennin..(Hayat, Mehreen)
February 10, 2021 Opinion or Order Filing 797 BRIEF re: #769 Order,,,, #767 Report and Recommendations, Objections Pursuant to Rule 72. Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Heim, Robert)
February 10, 2021 Opinion or Order Filing 796 BRIEF re: #768 Order,,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Declaration of George Lambert, #2 Exhibit June 2020 Response, #3 Exhibit October 2020 Response, #4 Exhibit Oct. 1 2020 Email).(Heim, Robert)
February 10, 2021 Opinion or Order Filing 795 DECLARATION of George Lambert in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit June 2020 Responses, #2 Exhibit October 2020 Responses, #3 Exhibit Oct. 1 2020 Email).(Heim, Robert)
February 10, 2021 Opinion or Order Filing 794 MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)
February 10, 2021 Opinion or Order Filing 793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. Document filed by Mykalai Kontilai..(Heim, Robert)
February 8, 2021 Opinion or Order Filing 792 AMENDED REPLY MEMORANDUM OF LAW in Support re: #770 MOTION to Quash Non-Party Subpoena 1/15/21 . . Document filed by Timothy Dennin. (Attachments: #1 Exhibit J i - Complaint - Kontilai v. Debevoise, #2 Exhibit J ii - Collectors v. Debevoise, #3 Exhibit K - Declaration, #4 Exhibit L - Letter).(Skoczen, Christopher)
February 5, 2021 Opinion or Order Filing 791 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated February 5, 2021 re: Submission of Motion to Quash. Document filed by Timothy Dennin..(Skoczen, Christopher)
February 5, 2021 Opinion or Order Filing 790 MOTION to Quash Subpoena 1/15/21 Reply Memo i/s/o Motion to Quash Subpoena. Document filed by Timothy Dennin. (Attachments: #1 Exhibit J i - Collectors v. Debevoise, #2 Exhibit J ii - Collectors v. Debevoise, #3 Exhibit K - Declaration, #4 Exhibit L - Letter).(Skoczen, Christopher)
February 4, 2021 Opinion or Order Filing 789 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that Defendants objections (Dkt. Nos. 662, 715, 720, 733) to Magistrate Judge Gorenstein's rulings on those matters are DENIED. So Ordered. (Signed by Judge Victor Marrero on 2/4/2021) (js)
February 4, 2021 Opinion or Order Filing 788 NOTICE of Joinder in Amended Notice of Appeal, Dkt 787 re: #787 Amended Notice of Appeal. Document filed by Veronica Kontilai. (Attachments: #1 Appendix).(Lambert, George)
February 4, 2021 Opinion or Order Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #787 Amended Notice of Appeal filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)
February 4, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #787 Amended Notice of Appeal. (tp)
February 3, 2021 Opinion or Order Filing 787 AMENDED NOTICE OF APPEAL re: #663 Notice of Interlocutory Appeal, #769 Order,,,,. Document filed by Mykalai Kontilai..(Joseph, Peter)
February 3, 2021 Opinion or Order Filing 786 MEMORANDUM OF LAW in Opposition re: #770 MOTION to Quash Non-Party Subpoena 1/15/21 . . Document filed by Mykalai Kontilai..(Heim, Robert)
February 3, 2021 Opinion or Order Filing 785 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 2.3.2021 re: Doc. 769. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Joseph, Peter)
February 3, 2021 Opinion or Order Filing 784 MEMO ENDORSEMENT on re: #781 Letter filed by Mykalai Kontilai. ENDORSEMENT: If otherwise proper, the deposition of John culotta may be taken on February 11, 2021. So Ordered. (Deposition due by 2/11/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/2021) (js)
February 2, 2021 Opinion or Order Filing 783 RESPONSE re: #769 Order,,,, Regarding TRO Dkt # 12. Document filed by Collector's Coffee Inc...(Morris, Stanley)
February 2, 2021 Opinion or Order Filing 782 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 02/02/2021 re: Doc. 769. Document filed by Veronica Kontilai. (Attachments: #1 Affidavit).(Joseph, Peter)
February 2, 2021 Opinion or Order Filing 781 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated February 2, 2021 re: Request to Take Deposition on February 11, 2021. Document filed by Mykalai Kontilai..(Heim, Robert)
February 2, 2021 Opinion or Order Filing 780 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated February 2, 2021 re: Deposition of Timothy Dennin. Document filed by Collector's Coffee Inc...(Morris, Stanley)
February 1, 2021 Opinion or Order Filing 779 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated February 1, 2021 re: Response to Timothy J. Dennin, Esq.s Motion to Quash (Doc. # 770). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Williams, Mark)
January 29, 2021 Opinion or Order Filing 778 Objection re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
January 28, 2021 Opinion or Order Filing 777 OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
January 28, 2021 Opinion or Order Filing 776 OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
January 28, 2021 Opinion or Order Filing 775 MEMO ENDORSEMENT on re: #772 Letter filed by Veronica Kontilai. The Court will permit a deposition to take place in the time period of February 15 to February 23. If agreement cannot be reached, the parties shall report to the Court immediately and the Court will institute a briefing schedule on the motion to compel and/or schedule a telephone conference with Mr. Chapman and the parties. If Mr. Chapman is proceeding without an attorney, he shall be informed that he can file a letter to the Court by sending it in pdf form to Temporary_Pro_Se_Filing@nysd.uscourts.gov The defendants shall provide a copy of this Order to Mr. Chapman. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/28/2021) (rch)
January 28, 2021 Opinion or Order Filing 774 ORDER re: #765 Letter filed by Veronica Kontilai, Mykalai Kontilai. Accordingly, the Court will permit no more than precisely what its January 13 Order stated: the depositions described in that Order. No deponent is required to produce any documents. The defendants shall immediately provide a copy of this order to each subpoenaed party. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/28/2021) (GWG)
January 28, 2021 Opinion or Order Filing 773 Objection re: 746 Order on Motion for Protective Order, . Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Hearing Transcript).(Morris, Stanley)
January 27, 2021 Opinion or Order Filing 772 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Veronica Kontilai dated 1.27.21 Document filed by Veronica Kontilai..(Joseph, Peter)
January 27, 2021 Opinion or Order Filing 771 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated January 27, 2021 re: Opposition to Letter Seeking Pre-Motion Conference, ECF Doc. # 765. Document filed by Timothy Dennin. (Attachments: #1 Exhibit A - Initial Subpoena, #2 Exhibit B - Subpoena, #3 Exhibit C - Settlement Agreement).(Skoczen, Christopher)
January 27, 2021 Opinion or Order Filing 770 MOTION to Quash Non-Party Subpoena 1/15/21 . Document filed by Timothy Dennin. (Attachments: #1 Memorandum of Law, #2 Exhibit Ex. A - Subpoena, #3 Exhibit Ex. B - Demand Letter, #4 Exhibit Ex. C - Letter, #5 Exhibit Ex. D - Settlement Agreement, #6 Exhibit Ex. E - Amended Settlement Agreement, #7 Ex. F - March 9, 2020 Order, #8 Ex. G - Dismissal, #9 Ex. H i - Amended Complaint, #10 Ex. H ii - Amended Complaint, #11 Ex. I - Initial Subpoena).(Skoczen, Christopher)
January 27, 2021 Opinion or Order Filing 769 ORDER re: #749 Letter, filed by United States Securities and Exchange Commission. The Court does not believe a status conference is necessary to verify that the defendants understand that the TRO is in effect. Rather, to ensure compliance with the TRO, the Court hereby orders that defendant Mykalai Kontilai, relief defendant Veronica Kontilai, and defendant CCI (by an authorized representative) each file a sworn statement on or before February 3, 2021, indicating that they have read this Order and that they understand the Court has ruled that the Temporary Restraining Order dated May 14, 2019, remains in effect. The SEC argues that the prosecution of the lawsuit in the United States District Court for the District of Columbia against the law firm of Debevoise & Plimpton violates the TRO. The SEC's letter does not seek any specific relief as to the defendants, however. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/27/2021) (GWG)
January 27, 2021 Opinion or Order Filing 768 ORDER: The Securities and Exchange Commission ("SEC") has moved for contempt and other sanctions against Mykalai Kontilai ("Mykalai"). In a Report and Recommendation issued today, we address the request for sanctions based on the Court's contempt powers and under the inherent power of the Court. The SEC has also asked for discovery sanctions under Rule 37, which we address in this Order. We use the same short form citations to documents in the record that are used in the Report and Recommendation, and as further set forth in this order. Accordingly, the SEC's application is denied without prejudice to a new application that gives a more complete explanation of the sanctions sought. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) (jwh)
January 27, 2021 Opinion or Order Filing 767 REPORT AND RECOMMENDATION re: #452 MOTION for Sanctions: For the foregoing reasons, the SECs motion for contempt and sanctions for violating the TRO and under the Courts inherent power (Docket # 452) should be denied. (Objections to R&R due by 2/10/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) (jwh)
January 26, 2021 Opinion or Order Filing 766 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 01/26/2021 re: Letter from Mykalai and Veronica Kontilai (Doc. # 765). Document filed by United States Securities and Exchange Commission..(Williams, Mark)
January 25, 2021 Opinion or Order Filing 765 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim and George Lambert dated January 25 2021 re: Deposition Subpoenas. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
January 25, 2021 Opinion or Order Filing 764 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated January 25, 2021 re: Amended Reply to Plaintiff's Letter of January 15, 2021 Dkt. # 749 and Order at Dkt. 757. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stipulated Order On Renewed Motion For Preliminary Injunction).(Morris, Stanley)
January 25, 2021 Opinion or Order Filing 763 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated January 25, 2021 re: Reply to Plaintiff's Letter of January 15, 2021 Dkt # 749 and Order at Dkt # 757. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stipulated Order On Renewed Motion For Preliminary Injunction).(Morris, Stanley)
January 25, 2021 Opinion or Order Filing 762 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 1.25.21 re: Doc.757. Document filed by Mykalai Kontilai..(Joseph, Peter)
January 22, 2021 Opinion or Order Filing 761 NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Timothy Dennin..(Skoczen, Christopher)
January 22, 2021 Opinion or Order Filing 760 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated 01/22/2021 re: Election as to New Motion for Motion to Quash Subpoena. Document filed by Timothy Dennin..(Skoczen, Christopher)
January 21, 2021 Opinion or Order Filing 759 MEMO ENDORSEMENT. The pre-motion conference requirement is waived. Mr. Dennin may elect to have this letter serve as the motion to quash or may file a new motion. He shall file a letter on ECF on January 22, 2021 stating his choice. If this letter serves as the motion, any response shall be due January 27, 2021 and any reply shall be due January 29, 2021. If a separate motion is filed, it shall be filed by January 27, 2021, and the briefing schedule shall be in accordance with Local Civil Rule 6.1(a) (that is, it shall not be in accordance with paragraph 2.B of the Court's Individual Practices.). No response is required to the subpoena until the Court issues a ruling. So that the Court may properly discharge its responsibility to "administer the discovery rules to secure the just, speedy, and inexpensive determination of this action," the Court will "invite" any other party that so wishes to file a letter on the question of whether the proposed discovery is "outside the scope permitted by Rule 26(b)(l)" by addressing any or all of the factors listed in that provision. N'Diaye v. Metro. Life Ins. Co., 2018WL 2316335, at *4 (S.D.N.Y. May 8, 2018). Any such letter must be filed two business days before defendants' response is due per the schedule set by the previous paragraph. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/21/2021) (Gorenstein, Gabriel)
January 21, 2021 Opinion or Order Filing 758 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated January 21, 2021 re: Request for Pre-Motion Conference for Leave to Move to Quash Subpoena. Document filed by Timothy Dennin. (Attachments: #1 Exhibit Ex. A - Subpoena, #2 Exhibit Ex. B - Demand Letter, #3 Exhibit Ex. C - Settlement Letter, #4 Exhibit Ex. D - Settlement Agreement, #5 Exhibit Ex. E - Amended Settlement Agreement, #6 Exhibit Ex. F - Order, #7 Exhibit Ex. G - Order of Dismissal, #8 Exhibit Ex. H i - SEC Amended Complaint, #9 Exhibit Ex. H ii - SEC Amended Complaint, #10 Exhibit Ex. I - Initial Subpoena).(Skoczen, Christopher)
January 21, 2021 Opinion or Order Filing 757 ORDER. Mykalai Kontilai and Collectors Coffee, Inc. ("CCI") shall file a response to Docket #749 on or before January 25, 2021. re: #749 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated January 15, 2021 re: Continued Violations of Asset Freeze Order. Document filed by United States Securities and Exchange Commission. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/21/2021) (rjm)
January 20, 2021 Opinion or Order Filing 756 MEMO ENDORSEMENT: on re: #752 Letter filed by Mykalai Kontilai. ENDORSEMENT: This letter represents the second time that Mykalai Kontilai has filed a letter to the Court that discusses a case he brought in another district. See Docket # 601. Both letters are improper because they seek no relief from the Court and are not fulfilling any discernable purpose that is legitimate. To the extent Kontilai thinks he is under a self-imposed commitment "to inform the Court on future substantial developments in that case," or, indeed any developments in that case, he is mistaken. In fact, his efforts to keep the Court apprised of the progress of this out-of-district case - whether of "substantial developments" or otherwise - are improper. To prevent the filing of such letters in the future, it is hereby ORDERED that Kontilai's attorneys shall cease filing letters to the Court that do not seek relief, that do not respond to a directive from the Court, or that are otherwise unauthorized by law. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/20/2021) (ama)
January 20, 2021 Opinion or Order Filing 755 MEMO ENDORSEMENT on re: #752 Letter, filed by Mykalai Kontilai. ENDORSEMENT: This letter is referred to Judge Gorenstein to whom this action has been referred for general pretrial purposes. So Ordered (Signed by Judge Victor Marrero on 1/20/2021) (js)
January 19, 2021 Opinion or Order Filing 754 MEMO ENDORSEMENT: on re: #753 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: Application granted. The deadline in Docket 124 par III.e for the disclosure of expert evidence is extended to March 5, 2021. The deadline in par. III.f is extended to March 12, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/2021) (ama)
January 19, 2021 Opinion or Order Filing 753 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated January 19, 2021 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
January 19, 2021 Opinion or Order Set/Reset Deadlines: Deposition due by 3/5/2021. (ama)
January 15, 2021 Opinion or Order Filing 752 LETTER addressed to Judge Victor Marrero from George Lambert, counsel for Dft Mykalai Kontilai dated January 15, 2021 re: follow-up Information on case in DCD. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Waiver of Service filed).(Lambert, George)
January 15, 2021 Opinion or Order Filing 751 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/13/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
January 15, 2021 Opinion or Order Filing 750 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/13/2021 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/5/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/15/2021..(rro)
January 15, 2021 Opinion or Order Filing 749 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated January 15, 2021 re: Continued Violations of Asset Freeze Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit).(Miller, Terry)
January 14, 2021 Opinion or Order Filing 748 MEMO ENDORSEMENT on re: #747 Letter filed by Mykalai Kontilai. ENDORSEMENT: If otherwise proper, the deposition of Andrew Ceresney may be taken on February 19, 2021. (Deposition due by 2/19/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/14/2021) (cf)
January 14, 2021 Opinion or Order Filing 747 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated January 14, 2021 re: Request to Take Deposition on February 19, 2021. Document filed by Mykalai Kontilai..(Heim, Robert)
January 13, 2021 Opinion or Order Filing 746 ORDER granting #614 Motion for Protective Order. For the reasons stated today on the record, the motion for a protective order is granted to the extent stated on the record. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
January 13, 2021 Opinion or Order Filing 745 ORDER: With regard to the application for clarification made in Docket # 738, to which the SEC has responded (Docket # 739), the Court extended the November 16, 2020, discovery deadline only for discovery requests that "were made at a time the request could have been accomplished by [the November 16, 2020] deadline." Docket # 728 at 2. We reject the notion that 15deposition notices served on November 5 and 8 without dates and times as required by Fed. R.Civ. P. 30(b)(1), and without any evidence that dates had been discussed with the proposed deponents, could have been accomplished by November 16, 2020. Discovery had been ongoing for more than a year before November 16, 2020. The defendants took no depositions whatsoever in this period and, as far as the Court can tell, did not even attempt to schedule depositions. All this being said, the Court is prepared to allow a very small number of half-day depositions to be taken by defendants if they are noticed promptly in proper form and after discussion with the deponents and the parties, with any subpoenas being served swiftly and in accordance with law. (As further set forth in this Order.) Each deposition will be limited to four hours. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf)
January 13, 2021 Opinion or Order Filing 744 ORDER: With regard to the application made in Docket # 735, 736, 741, the motion for a protective order as to the deposition of Mark Walter is granted in light of his apparent lack of unique personal knowledge of the issues in this case, the ability to obtain information from other sources, and the Court's consideration of the factors in Fed. R. Civ. P. 26(b)(1), including the importance of the discovery and the burden on Walter. In the unlikely event future depositions show unique personal knowledge of Walter, the application may be renewed. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf)
January 13, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 1/13/2021 re: #614 MOTION for Protective Order and Notice of Motion. filed by United States Securities and Exchange Commission. See transcript. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (rch)
January 12, 2021 Opinion or Order Filing 743 OPPOSITION BRIEF re: #720 Objection (non-motion) Plaintiff's Memorandum of Law in Opposition to Objection to Magistrate Judge's Order Denying Motion to Compel Documents. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
January 12, 2021 Opinion or Order Filing 742 MEMORANDUM OF LAW in Opposition re: #715 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
January 11, 2021 Opinion or Order Filing 741 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated January 11, 2021 re: Reply in further support of request for pre-motion conference in anticipation of motion to quash non-party deposition subpoena served on Mark Walter. Document filed by Los Angeles Dodgers LLC..(Webb, Dan)
January 11, 2021 Opinion or Order Filing 740 MEMORANDUM OF LAW in Opposition re: #733 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
January 11, 2021 Opinion or Order Filing 739 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 01/11/2021 re: Response to Supplemental Request for Clarification (Doc. # 738). Document filed by United States Securities and Exchange Commission..(Williams, Mark)
January 7, 2021 Opinion or Order Filing 738 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim and George Lambert dated January 7 2021 re: Request for Clarification of Discovery Order. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
January 5, 2021 Opinion or Order Filing 737 ORDER: The Los Angeles Dodgers may file a reply to docket # 736 on or before January 11,2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/05/2021) (ama)
January 5, 2021 Opinion or Order Filing 736 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated January 5, 2021 re: Response to Request for Pre-Motion Conference re: Motion to Quash Mark Walter Deposition Subpoena [Docket 735]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
January 4, 2021 Opinion or Order Filing 735 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated January 4, 2021 re: Request for pre-motion conference on anticipated motion to quash non-party deposition subpoena served on Mark Walter. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Declaration of Mark Walter).(Webb, Dan)
December 29, 2020 Opinion or Order Filing 734 RESPONSE Intervenor Plaintiffs' Response to Objection to Magistrate Judge's Order Denying Motion for Stay. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
December 28, 2020 Opinion or Order Filing 733 Objection re: #713 Order on Motion to Stay,,, . Document filed by Mykalai Kontilai..(Heim, Robert)
December 22, 2020 Opinion or Order Filing 732 BRIEF re: #722 Brief RESPONSE TO PLAINTIFF SECS POST-HEARING BRIEF. Document filed by Mykalai Kontilai..(Heim, Robert)
December 22, 2020 Opinion or Order Filing 731 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated December 22, 2020 re: Request for Order to File Under Seal. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 22, 2020 Opinion or Order Filing 730 BRIEF in Response to Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion #723 . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 18, 2020 Opinion or Order Filing 729 LETTER addressed to Judge Victor Marrero from Stanley Morris dated December 18, 2020 re: Rule 72 Objections (DE 715 & 720). Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Correspondence with Plaintiff).(Morris, Stanley)
December 18, 2020 Opinion or Order Filing 728 MEMO ENDORSEMENT on re: #726 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Perhaps incorrectly, the Court viewed the original application as seeking an extension of the deadline to complete discovery that had already been noticed (and that the only reason the defendants did not join the application was because they wanted an agreement to exceed the 10-deposition limit). It was the Court's intention in granting the extension to enlarge the deadline for all parties -- but only as to discovery requests that had been made prior to the November 16 deadline and that were made at a time the request could have been accomplished by that deadline. If defendants seek discovery beyond this, they are obviously free to make an application for such relief. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/18/2020) (cf) Modified on 12/18/2020 (cf).
December 18, 2020 Opinion or Order Filing 727 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 12/18/2020 re: Collector's Coffee Inc.'s Request for Clarification. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (email)).(Williams, Mark)
December 17, 2020 Opinion or Order Filing 726 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated December 17, 2020 re: Clarification of Order - Discovery Deadline. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit Correspondence with SEC).(Morris, Stanley)
December 17, 2020 Opinion or Order Filing 725 MEMO ENDORSEMENT on re: #724 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Request Granted. The SEC's responses are do January 12, 2021. So Ordered. (Responses due by 1/12/2021) (Signed by Judge Victor Marrero on 12/17/2020) (js)
December 16, 2020 Opinion or Order Filing 724 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated December 16, 2020 re: Motion for Extension of Deadlines to Respond to Defendants' Objections to Nondispositive Orders (Doc. # 715 & 720). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 15, 2020 Opinion or Order Filing 723 BRIEF Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion. Document filed by Mykalai Kontilai..(Heim, Robert)
December 15, 2020 Opinion or Order Filing 722 BRIEF Plaintiff's Post-Hearing Brief in Support of Its Motion for Contempt and Sanctions. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 15, 2020 Opinion or Order Filing 721 DECLARATION of Stanley C. Morris in Support re: #720 Objection (non-motion). Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Excerpts of Gail Holt Deposition, #2 Exhibit 2 Email From Magistrate Judge).(Morris, Stanley)
December 15, 2020 Opinion or Order Filing 720 Objection re: #685 Memorandum & Opinion, Objection Pursuant to Rule 72 to December 1, 2020 Order (DE 685). Document filed by Collector's Coffee Inc...(Morris, Stanley)
December 14, 2020 Opinion or Order Filing 719 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/8/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
December 14, 2020 Opinion or Order Filing 718 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/8/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
December 14, 2020 Opinion or Order Filing 717 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
December 14, 2020 Opinion or Order Filing 716 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
December 14, 2020 Opinion or Order Filing 715 Objection re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)
December 14, 2020 Opinion or Order Filing 714 BRIEF re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)
December 11, 2020 Opinion or Order Filing 713 ORDER: denying #635 Letter Motion to Stay. Inasmuch as two of the central reasons for staying civil actions pending criminal proceedings the risk that the defendant will be forced to invoke his Fifth Amendment privilege to his detriment in the civil case and the fact that the criminal case may beexpeditiously resolved do not apply here, and because our analysis otherwise strongly points to denying a stay, Kontilai's motion (Docket # 635) is denied. The calculus might change (a) if Kontilai returned to face the charges or (b) when the case reaches the trial stage (assuming Kontilai plans to testify). Thus, the application is denied without prejudice to renewal if either of these two events occurs. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2020) (ama)
December 11, 2020 Opinion or Order Filing 712 NOTICE TO THE PARTIES: This Notice is issued solely to inform the parties that on December 11, 2020, at approximately 9:21 a.m., an individual identifying himself as John Dougan telephoned Chambers. The call was answered by a law clerk. Mr. Dougan stated to the law clerk that he was calling from overseas and needed to file an amicus brief in this case, but did not have access to ECF. He asked if the Court accepted filings by email. The law clerk informed Mr. Dougan that the Court did not accept any filings by email and ended the phone call. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2020) (cf)
December 10, 2020 Opinion or Order Filing 711 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Motions Proposed in Dkt. Nos. 398 and 416. Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Victor Marrero on 12/10/2020) (ama) Modified on 12/11/2020 (ama).
December 10, 2020 Opinion or Order Filing 710 ORDER: The Court will render an oral decision on the pending motion for a protective order (Docket # 614) on Wednesday, January 13, 2021, at 4:00 p.m. in a proceeding to be held by telephone. Any party to the motion shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) (As further set forth in this Order.) ( Telephone Conference set for 1/13/2021 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/2020) (cf)
December 9, 2020 Opinion or Order Filing 709 ORDER: Before the Court is a November 23, 2020, request by Defendant Mykalai Kontilai, that I recuse myself from this action. On November 30, 2020, Intervenor Plaintiffs and Intervenor Defendant, The Jackie Robinson Foundation, Inc., filed letters in opposition to Mr. Kontilai's request, and on December 3, 2020, Plaintiff filed a letter in opposition to Mr. Kontilai's request. Mr. Kontilai's request is construed as a motion for recusal pursuant to 28 U.S.C. 455. While there is currently no conflict based on which my "impartiality might reasonably be questioned," United States v. Bayless, 201 F.3d 116, 126 (2d Cir. 2000), for the reasons discussed herein, including the avoidance of any appearance of impropriety, the motion is granted. Although Mr. Kontilai delayed in making this motion, there are factors that mitigate against a finding that the motion is untimely. First, there has been no final entry of judgment in this case. Second, there will be no waste of judicial resources or delay in day-to-day proceedings as a result of reassignment because the case continues to be under the supervision of Judge Gorenstein. Accordingly, Mr. Kontilai's motion for recusal is granted. The case shall be assigned to another judge by the Court's random selection process. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 12/9/2020) (jca)
December 9, 2020 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Lorna G. Schofield is no longer assigned to the case..(wb)
December 8, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held and concluded on 12/8/2020. (rch)
December 7, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held on 12/7/2020. (rch)
December 7, 2020 Opinion or Order Filing 708 ORDER: The hearing scheduled for December 7, 2020, and December 8, 2020, at 9:00 a.m. will take place by remote means. Any member of the public may listen to the proceedings by dialing as follows: Monday, December 7, 2020: Dial: (929) 251-9612 or (415) 527-5035Meeting number (access code): 199 177 1907Passcode: 598 962 56Tuesday, December 8, 2020:Dial (929) 251-9612 or (415) 527-5035Meeting number (access code): 199 976 7929Passcode: 367 553 94. The recording or dissemination of this proceeding by any electronic means (such as audio or video) is strictly prohibited. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/7/2020) (rch)
December 7, 2020 Opinion or Order Filing 707 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 7, 2020 re: Adding Witness E. Killian to Defendant's Witness List. Document filed by Mykalai Kontilai..(Heim, Robert)
December 4, 2020 Opinion or Order Filing 706 MEMORANDUM ORDER re: #683 Letter: As reflected above, Kontilai has shown no need to examine an SEC lawyer as to any topic except as may be described above. This essentially disposes of the application and we do not find it necessary to reach the other Friedman factors. Accordingly, the SEC's application to preclude Kontilai from calling as witnesses SEC lawyers at the contempt hearing (Docket # 683) is granted to the extent stated above. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)
December 4, 2020 Opinion or Order Filing 705 MEMO ENDORSEMENT on re: #701 Letter filed by Mykalai Kontilai ENDORSEMENT: Application denied. Testimony by an attorney as to legal issues (such as the appropriateness of a preclusion remedy or whether alleged conduct violated Colorado regulations), assuming arguendo these issues are even relevant to this proceeding, is not admissible. See generally Highland Capital Mgt., L.P. v. Schneider, 379 F. Supp. 2d 461, 469-73 (S.D.N.Y. 2005). Rather, it is for the Court to determine any such issues. As a result, there is no need for any additional hearing date. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)
December 4, 2020 Opinion or Order Filing 704 ORDER re: #675 Letter filed by Mykalai Kontilai: With regard to Mykalai Kontilai's application (Docket # 675; see also Docket # 687), fora stay of this case pending appeal of the order appearing at Docket # 658, his application makesno sense and is denied, as further set forth in this order. The application for a stay pending the appeal of Docket # 658 is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)
December 3, 2020 Opinion or Order Filing 703 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Motion for Stay Pending Criminal Proceedings is Fully Submitted. Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020 Opinion or Order Filing 702 REPLY MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020 Opinion or Order Filing 701 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Request to Allow Witness To Testify in Contempt Hearing After December 8. Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020 Opinion or Order Filing 700 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Need for Russian Interpreter. Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020 Opinion or Order Filing 699 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Motion In Limine. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kopylov Declaration).(Heim, Robert)
December 3, 2020 Opinion or Order Filing 698 JOINDER to join re: #697 Opposition Brief, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
December 3, 2020 Opinion or Order Filing 697 OPPOSITION BRIEF re: #662 Objection (non-motion) Plaintiff's Response To Defendant Mikalai Kontilai's Objection to Magistrate Judge's Order Denying Motion for Recusal [F.R.C.P. 72]. Document filed by United States Securities and Exchange Commission..(McKenna, Stephen)
December 3, 2020 Opinion or Order Filing 696 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated December 3, 2020 re: Response to Kontilai's Request for Emergency Motion Conference for Stay Pending Appeal (Doc. # 675). Document filed by United States Securities and Exchange Commission..(Williams, Mark)
December 3, 2020 Opinion or Order Filing 695 LETTER addressed to Judge Lorna G. Schofield from Terry R, Miller, Esq. dated December 3, 2020 re: Response to Kontilais application for disqualification (Dkt. No. 661). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 3, 2020 Opinion or Order Filing 694 MEMO ENDORSEMENT on re: #692 Letter filed by Mykalai Kontilai. ENDORSEMENT: Pursuant to 28 U.S.C. 1827, the Interpreters Office of the Southern District of New York is directed to provide an interpreter for this witness. The witnesss testimony is hereby scheduled for 10:30 a.m. on Tuesday, December 8, 2020. If necessary, the Court will take a break from the testimony of any other testifying witness to hear from Amparo Sanchez at that time. ( Status Conference set for 12/8/2020 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/3/2020) (cf)
December 2, 2020 Opinion or Order Filing 693 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 2, 2020 re: Opposition to SEC Motion In Limine. Document filed by Mykalai Kontilai..(Heim, Robert)
December 2, 2020 Opinion or Order Filing 692 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 2, 2020 re: Interpreter. Document filed by Mykalai Kontilai..(Heim, Robert)
December 1, 2020 Opinion or Order Filing 691 NOTICE of Additional Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kontilai Deposition Designations).(Heim, Robert)
December 1, 2020 Opinion or Order Filing 690 NOTICE of Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Gail Holt Deposition).(Heim, Robert)
December 1, 2020 Opinion or Order Filing 689 NOTICE of OF DEPOSITION DESIGNATIONS FOR DECEMBER 7-8, 2020, CONTEMPT HEARING. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Michael Rosten Deposition Designations, #2 Gail Holt Deposition Designations, #3 Veronica Kontilai Deposition Designations, #4 Veronica Kontilai Deposition Designations, #5 Mykalai Kontilai Deposition Designations, #6 Mykalai Kontilai Deposition Designations).(Miller, Terry)
December 1, 2020 Opinion or Order Filing 688 MEMO ENDORSEMENT: on re: #686 Letter filed by Mykalai Kontilai. ENDORSEMENT: Counsel is correct that the Court will supply an interpreter for the witness, assuming the witness does not speak English sufficiently. The interpreter will simultaneously translate by telephone. (The witness should still appear by video, with microphone/speaker on mute.) On or before December 2, 2020, counsel shall file a letter that (1) verifies that the witness is not sufficiently fluent in English to testify; (2) provides a phone number where thewitness can be reached; and (3) provides the date (presumably Tuesday, December 8, 2020) and approximate time the witness is expected to testify. (If appropriate, counsel may redact the phone number and fax an unredacted version of the letter to Chambers.) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/01/2020) (ama)
December 1, 2020 Opinion or Order Filing 687 MEMO ENDORSEMENT on re: #675 Letter filed by Mykalai Kontilai. ENDORSEMENT: This Order vacates the prior November 30, 2020, Order at Docket No. 681. The application is deemed addressed to Judge Gorenstein. Defendant Mykalai Kontilai's anticipated motion to stay pending appeal of the Order at Docket No. 658 falls within the Order of Reference to a Magistrate Judge at Docket No. 51, referring general pre-trial supervision to Judge Gorenstein. See 28 U.S.C. 636(b)(1) (A) (providing that "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court," with the exception of certain dispositive motions). (Signed by Judge Lorna G. Schofield on 12/1/2020) (rro)
December 1, 2020 Opinion or Order Filing 686 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 1, 2020 re: Need For Interpreter. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Web Site FAQ).(Heim, Robert)
December 1, 2020 Opinion or Order Filing 685 OPINION & ORDER re: #554 MOTION to Compel Securities and Exchange Commission to Produce. For the foregoing reasons, CCI's Motion to Compel (Docket # 554) is denied. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/2020) (cf)
December 1, 2020 Opinion or Order Filing 684 ORDER: The hearing scheduled for December 7, 2020, and December 8, 2020 will take place byremote means. Any member of the public may listen to the proceedings by dialing as follows: Monday, December 7, 2020: Dial: (929) 251-9612 or (415) 527-5035 Meeting number (access code): 199 177 1907 Tuesday, December 8, 2020: Dial (929) 251-9612 or (415) 527-5035 Meeting number (access code): 199 976 7929 The recording or dissemination of this proceeding by any electronic means (such as audio or video) is strictly prohibited. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/2020) (cf)
November 30, 2020 Opinion or Order Filing 683 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 30, 2020 re: SEC Motion in Limine to Exclude Testimony from SEC Counsel. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 30, 2020 Opinion or Order Filing 682 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 30, 2020 re: Public Access and Participants in Remote Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 30, 2020 Opinion or Order Filing 681 Vacated as per Judge's Order dated 12/1/2020, Doc. #687 MEMO ENDORSEMENT: on re: #675 Letter filed by Mykalai Kontilai. ENDORSEMENT: The application is deemed addressed to Judge Gorenstein. Defendant Mykalai Kontilai's anticipated motion to stay pending appeal of the Order at Docket No. 658 is non-dispositive and falls within the Order of Reference to a Magistrate Judge at Docket No. 51, referring general pre-trial supervision to Judge Gorenstein. In re: Ex parte Application of Iraq Telecom Ltd. for an Expedited Order to Take Discovery Pursuant to 28 U.S.C. 1782, No. 18 Misc. 458, 2020 WL 1047036, *1 (S.D.N.Y. Mar. 4, 2020) (treating a motion to stay as a non-dispositive motion); Crane v. Poetic Prods. Ltd., 549 F.Supp.2d 566, 568 (S.D.N.Y. Apr. 23, 2008) (explaining that a "motion to stay is non-dispositive and therefore within the scope of [a] general pretrial referral..."); see also Fed. R. Civ. P. 59 (providing that "[a] district judge may refer to a magistrate judge for determination any matter that does not dispose of a charge or defense"). (Signed by Judge Lorna G. Schofield on 11/30/2020) (ama) Modified on 12/1/2020 (rro).
November 30, 2020 Opinion or Order Filing 680 LETTER addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 661]. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
November 30, 2020 Opinion or Order Filing 679 ORDER: We consider in this Order the parties' letters docketed as # 625, 627, 631, 633, 634, 638,644 and 659. With regard to the application of Mykalai Kontilai and Collector Coffee, Inc. ("CCI") to take depositions in excess of the presumptive limit contained in Fed. R. Civ. P. 30(a)(2)(A)(i)(Docket # 627), the Court addressed this issue on July 8, 2020 (Docket # 433) when it ruled on an application by CCI (in Docket # 420) to expand the number of depositions. In the July 8 Order, the Court noted that CCI had failed to provide sufficient information to be granted such an order. It concluded by stating: And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2020) (ama)
November 30, 2020 Opinion or Order Filing 678 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Emergency Motion Conference for Stay Pending Appeal [Docket No. 675]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 30, 2020 Opinion or Order Filing 677 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 661]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 27, 2020 Opinion or Order Filing 676 MEMORANDUM OF LAW in Opposition re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 26, 2020 Opinion or Order Filing 675 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 26, 2020 re: Stay Pending Appeal. Document filed by Mykalai Kontilai..(Heim, Robert)
November 26, 2020 Opinion or Order Filing 674 RESPONSE in Opposition to Motion re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 26, 2020 Opinion or Order Filing 673 NOTICE of Joinder in Notice of Appeal under 28 U.S.C. Section 1292 re: #663 Notice of Interlocutory Appeal,. Document filed by Veronica Kontilai..(Lambert, George)
November 25, 2020 Opinion or Order Filing 672 MEMO ENDORSEMENT denying #671 Letter filed by Mykalai Kontilai. To ensure that parties properly prepare for the contempt hearing, which is imminent, and because the application is plainly deficient if not frivolous, the Court will rule on it without hearing from the SEC. The application is therefore denied. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/25/2020) (GWG)
November 25, 2020 Opinion or Order Filing 671 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 25, 2020 re: Postponing Contempt Hearing Pending Appeal. Document filed by Mykalai Kontilai..(Heim, Robert)
November 24, 2020 Opinion or Order Filing 670 NOTICE of Errata re: #647 Trial Brief. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Trial Brief).(Heim, Robert)
November 24, 2020 Opinion or Order Filing 669 NOTICE of Errata re: #646 Proposed Findings of Fact. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Proposed Findings).(Heim, Robert)
November 24, 2020 Opinion or Order Filing 668 MEMO ENDORSEMENT on re: #662 Objection (non-motion) filed by Mykalai Kontilai. ENDORSEMENT: Plaintiff shall file a response to Defendant Mykalai Kontilai's objection to Judge Gorenstein's order at Docket No. 655 (Dkt. No. 662), by December 3, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 11/24/2020) (va)
November 24, 2020 Opinion or Order Filing 667 MEMO ENDORSEMENT on re: #661 Letter Request for Recusal filed by Mykalai Kontilai. ENDORSEMENT: By December 3, 2020, Plaintiff shall file a responsive letter. So Ordered. (Signed by Judge Lorna G. Schofield on 11/24/20) (yv)
November 24, 2020 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #663 Notice of Interlocutory Appeal. (tp)
November 24, 2020 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #663 Notice of Interlocutory Appeal, filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)
November 23, 2020 Opinion or Order Filing 666 Exhibit List Amended. Document filed by Mykalai Kontilai..(Heim, Robert)
November 23, 2020 Opinion or Order Filing 665 Exhibit List . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- SEC's Exhibit List, #2 Exhibit 2- Defendants' Exhibit List).(Miller, Terry)
November 23, 2020 Opinion or Order Filing 664 WITNESS LIST. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Defendant's Witness List, #2 Exhibit 2- Defendant's Expert Witness List).(Miller, Terry)
November 23, 2020 Opinion or Order Filing 663 NOTICE OF INTERLOCUTORY APPEAL from #658 Order on Motion for Conference,,,. Document filed by Mykalai Kontilai. Filing fee $ 505.00, receipt number ANYSDC-22713867. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Appendix Order of November 20, 2020).(Lambert, George)
November 23, 2020 Opinion or Order Filing 662 Objection re: #655 Order, . Document filed by Mykalai Kontilai..(Heim, Robert)
November 23, 2020 Opinion or Order Filing 661 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 23, 2020 re: Request for Recusal. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Email).(Heim, Robert)
November 23, 2020 Opinion or Order Filing 660 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated November 23, 2020 re: Request for Order to Permanently Seal Docket No. 453-5. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Dkt. No. 453-5 Redacted).(Miller, Terry)
November 23, 2020 Opinion or Order Filing 659 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 23, 2020 re: Fugitive Disentitlement Doctrine. Document filed by Mykalai Kontilai..(Heim, Robert)
November 20, 2020 Opinion or Order Filing 658 ORDER terminating #613 Letter Motion for Conference. It is hereby ORDERED that the Asset Freeze covers all of "[t]he assets, funds, or other property held by or under the direct or indirect control of Defendants Collectors Caf or Mykalai Kontilai... up to the amount of $46,121,649.68," but gives Mr. Kontilai the opportunity to "seek leave from th[e] order upon a proper showing." See Dkt. No. 12, 3 and 5/10. It is further ORDERED that Defendants have failed to make a proper showing and, for the reasons outlined below, their request to use funds subject to the Asset Freeze is DENIED. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the motion at Docket No. 613. (Signed by Judge Lorna G. Schofield on 11/20/2020) (cf)
November 19, 2020 Opinion or Order Filing 657 REPLY to Response to Motion re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by United States Securities and Exchange Commission..(McKenna, Stephen)
November 19, 2020 Opinion or Order Filing 656 ORDER: The Court writes to clarify and correct portions of the Order issued November 17, 2020 (Docket # 649). With regard to the statement in paragraph 1 that "Counsel should call Chambers to obtain the email address," this sentence refers only to counsel for the SEC, which is hosting the platform. Other counsel should not call Chambers to obtain an email address. The SEC isresponsible for providing login information/credentials to all parties and the Court. Paragraph 2 currently states that "No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court via email a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing." This portion of paragraph 2 is corrected to read: "No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court, via a letter filed on ECF, a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing." The Court notes that each attorney is responsible for having an accurate email address and phone number for any witness called by that attorney.SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2020) (ama)
November 19, 2020 Opinion or Order Filing 655 ORDER: For the reasons stated above, I see no basis on which I could lawfully recuse myself. I therefore deny the application to recuse (Docket # 640). And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2020) (ama)
November 18, 2020 Opinion or Order Filing 654 ORDER. Mykalai Kontilai is given leave to respond to the SEC's letter (Docket # 633) on the issue of the application of the fugitive disentitlement doctrine to his requests in Docket # 627. The response shall be filed as soon as practicable and in any event no later than November 23, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/18/2020) (Gorenstein, Gabriel)
November 17, 2020 Opinion or Order Filing 653 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer, Esq. dated November 17, 2020 re: JRF's Response to Defendant Kontilai's Request for Recusal (ECF No. 640). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
November 17, 2020 Opinion or Order Filing 652 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 17, 2020 re: SEC Response to Kontilais request for Recusal (Doc. # 640). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 17, 2020 Opinion or Order Filing 651 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 17, 2020 re: Response to SEC Letter re Criminal Counsel Fees. Document filed by Mykalai Kontilai..(Heim, Robert)
November 17, 2020 Opinion or Order Filing 650 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 17, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 640]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 17, 2020 Opinion or Order Filing 649 ORDER ON VIRTUAL HEARING PROCEDURES: IT IS HEREBY ORDERED THAT: Telephonic and Videoconferencing Solutions. The hearing shall take place virtually using the WebEx platform hosted by the SEC. All counsel and any testifying party who participate in the hearing shall participate in a pre-trial technology testing session on November 30, 2020, at noon EST by connecting to a WebEx conference hosted by the SEC from the same location and equipment counsel and any testifying party will use to attend the hearing and remaining connected until counsel for all parties confirm that they can see and hear all other participants. The SEC shall provide login credentials to the parties, counsel (for use by counsel and/or witnesses called by counsel) and to the Court (and its personnel) in advance. In addition to Judge Gorenstein, two law clerks, a deputy clerk and a court reporter will participate in the test and the hearing. Only the Judge will appear by video camera. The others will need to participate by telephone and will also need to see the video feed. Thus, an option for participation by telephone (with a method for viewing the video feed) should be provided for the clerks and the court reporter. The logins may be emailed to one of the law clerks. (Counsel should call Chambers to obtain the email address.) For both the test and the hearing, the SEC should assign an individual to operate the system and to take direction from the Court when necessary. Access. No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court via email a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing. The public is invited to attend the hearing on a non-speaking basis by utilizing a dial-in number that will beprovided on the docket. The SEC shall file a letter on that date providing the public dial-in number. To the Court. The parties must file a listing of witnesses and proposed exhibits on or before November 23, 2020 (Plaintiff shall use numbers to designate exhibits. Defendant shall use letters). Copies of those marked exhibits shall be provided to the Court in.pdf form on a CD-ROM disk mailed to or delivered to chambers on November 23, 2020. Audio files will be delivered on the CD-ROM disk in.wav form. Demonstrative exhibits shall be provided to the Court in.pdf form on a CD-ROM disk mailed to or delivered to chambers on December 3, 2020. The parties must serve their opposing side with copies of these submissions. The parties shall file any deposition designations on or before December 1, 2020. And as set forth herein., ( Deposition due by 12/1/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2020) (ama)
November 17, 2020 Opinion or Order Filing 648 ORDER: With regard to Docket # 639 and 643, defendants state that they are unable to pay for the Zoom platform they have proposed and the Court is aware that many governmental agencies have found security deficits in the Zoom platform. Accordingly, the Court will not require the use of Zoom at this time. In light of the representation that the WebEx platform has already been used by the SEC and by the parties to this case, and given that defendants counsel has not provided a compelling reason why it should not be used, the Court finds that WebEx is an appropriate platform. The Court assumes that it can be easily accessed with a web link. Accordingly, the proposed Order proffered by the SEC will be issued with minor changes. Finally, with regard to defendant's location (discussed in Docket # 642), it is odd for a party in his sworn statement to seek to have the Court make a ruling. The Court assumes that defendant's attorneys have satisfied themselves that he can legally appear from Russia for the hearing. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2020) (ama)
November 16, 2020 Opinion or Order Filing 647 TRIAL BRIEF . Document filed by Mykalai Kontilai..(Heim, Robert)
November 16, 2020 Opinion or Order Filing 646 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
November 16, 2020 Opinion or Order Filing 645 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 16, 2020 Opinion or Order Filing 644 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 16, 2020 re: SEC response to Veronica Kontilai's application to enlarge discovery. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 16, 2020 Opinion or Order Filing 643 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 16, 2020 re: Contempt Hearing Procedures. Document filed by Mykalai Kontilai. (Attachments: #1 Text of Proposed Order Text of Proposed Order on procedures for remote contempt hearing).(Heim, Robert)
November 16, 2020 Opinion or Order Filing 642 AFFIDAVIT of MYKALAI KONTILAI re: #609 Order,,,,,,,,,,,,,,, dated October 30, 2020. Document filed by Mykalai Kontilai..(Lambert, George)
November 15, 2020 Opinion or Order Filing 640 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 15, 2020 re: Disqualification. Document filed by Mykalai Kontilai..(Heim, Robert)
November 13, 2020 Opinion or Order Filing 641 MEMO ENDORSEMENT on re: #632 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: By November 17, 2020, Defendants shall file a responsive letter addressing Plaintiff's arguments included in the responsive letter at Docket No. 632, and including any relevant evidence. The Court is likely to decide this issue on the parties' submissions. (Signed by Judge Lorna G. Schofield on 11/13/2020) (cf)
November 13, 2020 Opinion or Order Filing 639 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 13, 2020 re: Proposed Order for remote contempt hearing procedures. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order on procedures for remote contempt hearing).(Miller, Terry)
November 13, 2020 Opinion or Order Filing 638 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated November 2, 2020 re: Clarification of Factual Errors. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 CCI Depositions Taken, #2 Exhibit 2 CCI Noticed Depositions).(Morris, Stanley)
November 12, 2020 Opinion or Order Filing 637 DECLARATION of Robert Heim in Support re: #635 MOTION to Stay Pending Criminal Proceedings.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Colorado Indictment, #2 Exhibit Nevada Indictment, #3 Exhibit Press Release, #4 Exhibit Wanted Poster).(Heim, Robert)
November 12, 2020 Opinion or Order Filing 636 MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)
November 12, 2020 Opinion or Order Filing 635 MOTION to Stay Pending Criminal Proceedings. Document filed by Mykalai Kontilai..(Heim, Robert)
November 12, 2020 Opinion or Order Filing 634 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 12, 2020 re: Response to Defendant Mykalai Kontilai's Request For Additional Discovery [Dkt. 627] As Well As Response To The Joinder In That Request Filed By Veronica Kontilai [Dkt. 631]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 12, 2020 Opinion or Order Filing 633 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 12, 2020 re: Response to Defendants request for additional discovery (Doc. # 627). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 12, 2020 Opinion or Order Filing 632 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated November 12, 2020 re: Response to Request for Pre-motion Conference re Asset Freeze Order [Dkt. # 612]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 12, 2020 Opinion or Order Filing 631 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, attorney for Relief Defendant Veronica Kontilai dated November 12, 2020 re: Joinder in Letter for Mykalai Kontilai, of November 9, 2020, Dkt 627. Document filed by Veronica Kontilai..(Lambert, George)
November 11, 2020 Opinion or Order Filing 630 MEMORANDUM OF LAW in Opposition re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1 Pages from Holt Deposition).(Heim, Robert)
November 11, 2020 Opinion or Order Filing 629 DECLARATION of Stanley C. Morris in Opposition re: #614 MOTION for Protective Order and Notice of Motion.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Excerpts of Gail Holt Deposition, #2 Exhibit Proffer Agreements).(Morris, Stanley)
November 11, 2020 Opinion or Order Filing 628 MEMORANDUM OF LAW in Opposition re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by Collector's Coffee Inc...(Morris, Stanley)
November 9, 2020 Opinion or Order Filing 627 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 9, 2020 re: Discovery Extension and Additional Depositions. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc., Mykalai Kontilai..(Heim, Robert)
November 9, 2020 Opinion or Order Filing 626 TRIAL BRIEF re Contempt Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 9, 2020 Opinion or Order Filing 625 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 9, 2020 re: Request for clarification of discovery order (Doc. # 624). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 9, 2020 Opinion or Order Filing 624 MEMO ENDORSEMENT: on re: #616 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The request to extend deadlines in this case is granted as follows. The deadline in paragraph III.d of Docket 124 (as extended by Docket # 212, 406, 433, 513) is extended to January 20, 2021. The deadline in paragraph 111.e is extended to February 19, 2021. The deadline in paragraph III.f is extended to February 26, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/09/2020) (ama)
November 9, 2020 Opinion or Order Set/Reset Deadlines: Discovery due by 1/20/2021. (ama)
November 6, 2020 Opinion or Order Filing 623 ORDER re: #622 Letter filed by Mykalai Kontilai. Obviously, the pendency of the application for a stay does not affect any party's responsibility to comply with any obligations or deadlines. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/06/2020) (Gorenstein, Gabriel)
November 6, 2020 Opinion or Order Filing 622 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 6, 2020 re: Motion for Stay of Case. Document filed by Mykalai Kontilai..(Heim, Robert)
November 6, 2020 Opinion or Order Filing 621 ORDER: denying #452 Motion for Sanctions. ORDERED that, Defendant Mykalai Kontilai's objections to the October 15, 2020 Order at Docket No. 452 are DENIED as untimely. Defendant did not properly file his objections untilNovember 6, 2020, more than 14 days after the October 15, 2020, Order was issued. In addition, Defendant could have corrected his filing error within the time for filing objections to October 15, 2020, Order at Docket No. 452, but instead, waited until November 6, 2020, to file objections. (Signed by Judge Lorna G. Schofield on 11/06/2020) (ama)
November 6, 2020 Opinion or Order Filing 620 MEMO ENDORSEMENT on re: #617 Letter filed by Mykalai Kontilai. ENDORSEMENT: "A decision on a motion to stay is non-dispositive," McGowan v. Green, No. 03 Civ. 5400, 2010 WL 2891183 at *4 (S.D.N.Y. July 12, 2010), and thus the relief sought herein is within the Order of Reference. Defendant's statement that he "does not consent to a Magistrate Judge hearing this motion" is irrelevant because the parties' consent to the Court's reference of non-dispositive matters to a magistrate judge is not required. The application is DENIED without prejudice to renewal before Judge Gorenstein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/6/2020) (jca)
November 6, 2020 Opinion or Order Filing 619 ORDER: It is hereby ORDERED that, by November 12, 2020, the parties shall meet and confer to attempt to resolve any issues regarding Defendants use of certain funds for hiring criminal defense and extradition counsel and criminal defense experts of his choice, and based on the results of the parties meet and confer, either (i) the parties shall file a stipulation regarding the scope of the Temporary Restraining Order or (ii) Plaintiff shall file a responsive letter to the request for clarification in the pre-motion letter at Docket No. 612. It is further ORDERED that, any requests regarding dissolution of the Temporary Restraining Order, which in substance, involve consideration of the merits of the Motion for Preliminary Injunction, are referred to Judge Gorenstein pursuant to Docket Nos. 59 and 143 for a final order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/6/2020) (cf)
November 6, 2020 Opinion or Order Filing 618 Objection re: #594 Order,, #605 Appeal of Magistrate Judge Decision to District Court . Document filed by Mykalai Kontilai..(Heim, Robert)
November 5, 2020 Opinion or Order Filing 617 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 5, 2020 re: Motion to Stay Civil Case. Document filed by Mykalai Kontilai..(Heim, Robert)
November 4, 2020 Opinion or Order Filing 616 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 4, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 3, 2020 Opinion or Order Filing 615 MEMORANDUM OF LAW in Support re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Topics List, #2 Exhibit 2- SEC Deposition Proffer, #3 Exhibit 3- Gail Holt Deposition Excerpts, #4 Exhibit 4- Michael Rosten Deposition Excerpts).(Miller, Terry)
November 3, 2020 Opinion or Order Filing 614 MOTION for Protective Order and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 3, 2020 Opinion or Order Filing 613 LETTER MOTION for Conference re: #612 Letter Joinder of Veronica Kontilai to Letter of of Mykalai Kontilai, on relief of lifting assets' freeze, addressed to Judge Lorna G. Schofield from George Lambert, counsel for Veronica Kontilai dated November 3, 2020. Document filed by Veronica Kontilai..(Lambert, George)
November 1, 2020 Opinion or Order Filing 612 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 1, 2020 re: Motion to Lift Asset Freeze/Pay Criminal Defense Counsel Fees. Document filed by Mykalai Kontilai..(Heim, Robert)
November 1, 2020 Opinion or Order Filing 611 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 1, 2020 re: Withdrawal of Request for Premotion Conference. Document filed by Mykalai Kontilai..(Heim, Robert)
October 30, 2020 Opinion or Order Filing 610 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 30 2020 re: Preliminary Injunction and Asset Freeze. Document filed by Mykalai Kontilai..(Heim, Robert)
October 30, 2020 Opinion or Order Filing 609 ORDER: With regard to the hearing on the SEC's motion for contempt (Docket # 452), the Court rules as follows: (1) The SEC shall provide a trial memorandum or letter on or before November 9, 2020, that describes precisely what additional conduct encompassed by Docket # 497 is the subject of the contempt application and sets forth any applicable law not already part of its motion papers. Defendant Mykalai Kontilai may respond by means of a trial memorandum or letter on or before November 16, 2020. No reply is necessary as the Court expects to permit post-hearing briefing. (2) New York State has imposed quarantine requirements on individuals arriving from a number of states. In addition, infections are on the rise and traveling may impose a serious risk to some individuals. In light of the fact that there are many out-of-state counsel and witnesses, the Court will hold the contempt hearing entirely by remote means. The Court will require a reliable platform. Other judges on this Court have found satisfactory a platform called Trial Graphix. See, e.g., Order, dated October 14, 2020 in Flatiron Acquisition Vehicle LLC v. CSE Mortgage LLC, 17 Civ. 8987 (GHW) (S.D.N.Y.) (Docket # 157). However, the Court is open to any proposal for a reliable platform. The parties will have to pay any costs associated with the platform. If they cannot agree on a manner of payment, the only option may be to postpone the hearing until a time when quarantine restrictions are less onerous. (3) It will be unacceptable for any witness to testify from a car or any location other than a private and quiet room in a home or office. All witnesses must in advance provide the expected location (without a specific address) of their testimony and be available for conferencing by means of a separate phone line during their testimony. The phone number must be provided to the attorney calling that witness. The locations shall be included in the listing of witnesses that shall be filed on November 23, 2020 (see paragraph (7) below). (4) Once the platform is agreed upon, the parties shall provide a jointly proposed Order or competing proposed Orders similar to the order cited in paragraph (2) above; see also Order, dated June 23, 2020 in FGIC v. The Putnam Advisory Company, LLC, 12 Civ. 7372 (LJL)(S.D.N.Y.) (Docket # 322). The proposed Order may also include additional provisions that the parties believe are necessary or appropriate. The proposed Order shall be filed by November 16,2020. (5) The attorneys and any testifying party must participate in a dry run of the platform at least one week in advance of the conference. This requirement may be further fleshed out in the proposed Order. (6) Mykalai Kontilai must provide his testimony from a jurisdiction where it is legally permissible to do so. On or before November 16, 2020, Mykalai Kontilai shall file a sworn statement describing what arrangements he will make to travel to a private room in an appropriate jurisdiction and shall provide the location of the room. (7) The proposed Order shall provide that the parties must file a listing of witnesses and proposed exhibits on or before November 23, 2020. (Plaintiff shall use numbers to designate exhibits. Defendant shall use letters). Any proposed Order shall require that copies of those marked exhibits shall be provided to the Court in pdf form on a CD-ROM disk mailed to or delivered to Chambers on November 23, 2020. The parties may wish to propose separate procedures for potential cross-examination documents as was true in the orders cited in paragraphs (2) and (4) above. The proposed Order shall provide that the parties shall file any deposition designations on or before December 1, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/30/2020) (nb)
October 29, 2020 Opinion or Order Filing 608 MEMO ENDORSEMENT on re: #601 Letter filed by Mykalai Kontilai. ENDORSEMENT: This letter requires no action by the Court. This case in any event is referred to Judge Gorenstein for general pretrial supervision. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/29/2020) (jca)
October 28, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Heim, Robert to RE-FILE Document #605 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection (non-motion) found under the event list Other Answers. (nd)
October 28, 2020 Opinion or Order Filing 607 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 28, 2020 re: Proposal for Contempt Hearing. Document filed by Mykalai Kontilai..(Heim, Robert)
October 28, 2020 Opinion or Order Filing 606 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 28, 2020 re: SEC proposal on arrangements for contempt hearing. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Excerpts of Mykalai Kontilai Deposition).(Miller, Terry)
October 28, 2020 Opinion or Order Filing 605 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #594 Order,,. Document filed by Mykalai Kontilai..(Heim, Robert) Modified on 10/29/2020 (nd).
October 27, 2020 Opinion or Order Filing 604 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated October 27, 2020 re: Notification of Submitted Briefs and Request for Hearing. Document filed by Collector's Coffee Inc...(Morris, Stanley)
October 26, 2020 Opinion or Order Filing 603 AFFIDAVIT OF SERVICE of Notice of Deposition and Subpoena served on Mary Pradt on October 16, 2020. Service was accepted by Mary Pradt. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
October 24, 2020 Opinion or Order Filing 602 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 10.24.2020 re: DE 599 Joinder Response to DE 591. Document filed by Steven C Sessa..(Sessa, Steven)
October 23, 2020 Opinion or Order Filing 601 LETTER addressed to Judge Lorna G. Schofield from George Lambert, counsel for Dft Mykalai Kontilai dated October 23, 2020 re: Courtesy copies. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Lambert, George)
October 21, 2020 Opinion or Order Filing 600 ORDER FOR ADMISSION PRO HAC VICE: granting #598 Motion for Robert Zachary DeMarco to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/2020) (ama)
October 21, 2020 Opinion or Order Filing 599 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 10.21.2020 re: Response to DE591. Document filed by Curtis Alva..(Alva, Curtis)
October 21, 2020 Opinion or Order Filing 598 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(DeMarco, Robert)
October 21, 2020 Opinion or Order Filing 597 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 21, 2020 re: Dkt 570, Endorsement Order. Document filed by Mykalai Kontilai..(Lambert, George)
October 21, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #598 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 21, 2020 Opinion or Order ORDER denying #596 Motion to Amend/Correct. Counsel must follow the instructions given in the October 20 docket entry as to the name of any renewed motion: "Re-file the motion as a Corrected Motion to Appear Pro Hac Vice." (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
October 20, 2020 Opinion or Order Filing 596 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(DeMarco, Robert)
October 20, 2020 Opinion or Order Filing 595 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22225373. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(Chesnoff, David) Modified on 10/20/2020 (vba).
October 20, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #595 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22225373. 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 FLORIDA;. Re-file the motion as a Corrected 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.. (vba)
October 15, 2020 Opinion or Order Filing 594 ORDER: The Court concludes that allowing each party six hours for presentation of its case and for any cross-examination of the opposing party's witnesses is sufficient. The parties shall file proposed findings of fact and conclusions of law by November 16, 2020. The hearing shall beheld on December 7 and 8, 2020. The parties shall discuss any arrangements that need to be made for the appearance of witnesses and/or attorneys (and possibly the Court) by video and shall make a joint or separate proposals on this question. The joint or separate proposals described above shall be filed on or before October 28,2020. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/2020) (ama)
October 14, 2020 Opinion or Order Filing 593 MEMO ENDORSEMENT: on re: #589 Letter filed by Mykalai Kontilai. ENDORSEMENT: In light of the representation in Docket # 592 that Kontilai's attorney stopped questioning the witness at the deposition at a point when there was time remaining within the 7-hour time period contemplated by Fed. R. Civ. P. 30(d)(1), this application is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/14/2020) (ama)
October 8, 2020 Opinion or Order Filing 592 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 8, 2020 re: Response to Doc. # 589 re Deposition of Gail Holt. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 8, 2020 Opinion or Order Filing 591 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 8, 2020 re: Order dated October 5, Dkt 586. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit A, #2 Exhibit B).(Lambert, George)
October 7, 2020 Opinion or Order Filing 590 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joseph Perry dated October 7, 2020 re: Response to Robert Heim's October 6, 2020 Letter (Dkt. 589). Document filed by Gail Herman-Holt..(Perry, Joseph)
October 6, 2020 Opinion or Order Filing 589 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 6, 2020 re: Request for Additional Day for Deposition of Gail Holt. Document filed by Mykalai Kontilai..(Heim, Robert)
October 6, 2020 Opinion or Order Filing 588 ORDER FOR ADMISSION PRO HAC VICE: granting #583 Motion for Stephen C. McKenna to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/06/2020) (ama)
October 5, 2020 Opinion or Order Filing 587 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 10.05.2020 re: Response to DE 582. Document filed by Steven C Sessa..(Sessa, Steven)
October 5, 2020 Opinion or Order Filing 586 ORDER: To the extent the purpose of Docket # 582 is to seek relief relating to discovery, the request is denied for failure to comply with paragraph 2.A of the Court's Individual Practices. To the extent it seeks a "stay" of the time to respond to Docket # 497, the request is denied as moot given that the time to respond to that letter expired more than two months ago. While the letter is unclear that Kontilai has made appropriate efforts to obtain from his former attorneys a copy of electronic files produced to the SEC, the Court notes that an obvious method for getting a copy of an electronic file produced to another party is to ask that party to send a copy. On a separate point: in light of the representation in Docket # 585 regarding whether the attorneys held a conference on September 29, 2020, and the description contained in the Declaration of George Lambert dated September 29, 2020 (Docket # 579-1), Mr. Lambert is directed to file letter explaining why it was not misleading to have stated to the Court in his letter of September 29, 2020 (Docket # 579), that "[o]n September 29, 2020, Kontilai's new counsel conducted a conference, at which the latest attempts to get the portions of the representation file be transferred immediately met the usual pretexts to delay such transfers." Mr. Lambert is reminded that a Court relies on representations made in a letter as being completely truthful and accurate and a Court must not be expected to scour attachments to determine whether statements made in a letter are misleading. The filing required by this paragraph shall be made on or before October 9, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2020) (ama)
October 2, 2020 Opinion or Order Filing 585 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 10.2.2020 re: Reply to DE 582. Document filed by Curtis Alva..(Alva, Curtis)
October 2, 2020 Opinion or Order Filing 584 NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Mykalai Kontilai..(Heim, Robert)
October 2, 2020 Opinion or Order Filing 583 MOTION for Stephen C. McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration of Stephen C. McKenna, #2 Certificate of Good Standing, #3 Text of Proposed Order).(McKenna, Stephen)
October 2, 2020 Opinion or Order Filing 582 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 2, 2020 re: Plaintiff's Dkt 497, pre-motion letter of plaintiff. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Lambert, George)
October 2, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #583 MOTION for Stephen C. McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 30, 2020 Opinion or Order Filing 581 ORDER: Docket # 579 does not include a proper proposed order to show cause, see Local Civil Rule 7.1(a)(1), and also does not include a proper memorandum of law, see Local Civil Rule 7.1(a)(2). Moreover, it fails to comply with paragraph 2.D of the Court's Individual Practices. The deficiencies are not confined to procedural failings. The Court finds the submission unclear in numerous respects, both factual and legal. Finally, the Court is not convinced that sufficient efforts have been made to arrange a telephone conversation with the former attorneys that might clarify, if not resolve, the dispute. The attorneys shall confer as soon as practicable. The application is denied. Counsel for Mykalai Kontilai shall serve this Order on the former attorneys. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2020) (ama)
September 30, 2020 Opinion or Order Filing 580 AFFIDAVIT OF SERVICE of Notice of Deposition and Subpoena served on Peggy Brown on September 26, 2020. Service was accepted by Steve Glazner. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
September 29, 2020 Opinion or Order Filing 579 NOTICE of of Compliance with Endorsement Order Dkt 570, of Sept. 13, and Dkt 572, of Sept. 23, 2020 re: #570 Order,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit of George Lambert, #2 Exhibit 1-9, #3 Text of Proposed Order).(Lambert, George)
September 29, 2020 Opinion or Order Filing 578 ORDER: Accordingly, the defendants seeking the depositions are directed to provide to the SEC, by October 6, 2020, a listing of each specific topic area that they seek information on as to each witness. The SEC has the option to proffer answers as to any questions by October 13, 2020. If, after this exercise is complete, the defendants still seek to depose any of the SEC witnesses, they shall so inform the SEC in writing by October 20, 2020. At that time, if it is still necessary, the SEC may move for a protective order by letter or formal motion. In the interim, none of the requested depositions shall take place. As to the SECs request for permission to make a motion to Judge Schofield for judgment on the pleadings regarding certain defenses (Docket # 563), the request is denied without prejudice to renewal before the undersigned (see Docket # 573) following the disposition of any application for a protective order, in the event such renewal is necessary. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/29/2020) (cf)
September 28, 2020 Opinion or Order Filing 577 ORDER denying as moot #576 Letter Motion for Discovery. Application denied as moot. With respect to future depositions or document-sharing, the question of what commercial platform the parties will use is the sort of issue that parties who are not deliberately trying to waste the time of the Court and their adversaries manage to work out with ease among themselves. The requests for information from the SEC about their use of the platform contained at the end of this letter are tangential to the issues in this case and thus will not be the subject of relief. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2020) (cf)
September 27, 2020 Opinion or Order Filing 576 LETTER MOTION for Discovery Issue, addressed to Magistrate Judge Gabriel W. Gorenstein from GEORGE LAMBERT, COUNSEL FOR DFT MYKALAI KONTILAE dated SEPTEMBER 27, 2020. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit of MARK MELTSER, #2 Exhibit 1 to Meltser Affidavit, #3 Exhibit 2 to Meltser Affidavit, #4 Exhibit 3 to Meltser Affidavit, #5 Exhibit 4 to Meltser Affidavit).(Lambert, George)
September 25, 2020 Opinion or Order Filing 575 MEMORANDUM OF LAW in Opposition re: #554 MOTION to Compel Securities and Exchange Commission to Produce. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Declaration of Jacqueline M. Moessner, #2 Exhibit 2 Supplemental Privilege Log).(Miller, Terry)
September 23, 2020 Opinion or Order Filing 574 MEMO ENDORSEMENT on re: #572 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied without prejudice. Please talk to the other side before asking the Court to issue a ruling. If there is agreement by the parties on the issue, the Court will "so order" any stipulation reached by the parties. If not, the pre-motion conference requirement is waived. Counsel for Mykalai Kontilai is directed to serve a copy of this Order as well as docket # 570 on Messrs. Alva and Sessa immediately. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/23/2020) (ks)
September 23, 2020 Opinion or Order Filing 573 MEMO ENDORSEMENT on re: #571 Notice (Other) filed by Mykalai Kontilai. ENDORSEMENT: Pursuant to the Order of Reference to Magistrate Judge at Dkt. No. 51, Plaintiff's request for a pre-motion conference (Dkt. No. 563), is referred to Judge Gorenstein for determination as to whether "the presence of [Defendant Mykalai Kontilai's] defenses is materially affecting the plaintiff's discovery obligations," or whether pursuant to Judge Gorenstein's March 19, 2020, Order, Plaintiff's challenges to Mr. Kontilai's defenses "should await the filing of summary judgment motions at the end of discovery." (Dkt. No. 272). (Signed by Judge Lorna G. Schofield on 9/23/2020) (jca)
September 23, 2020 Opinion or Order Filing 572 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 9.23.2020 re: Response to DE 558. Document filed by Mykalai Kontilai..(Alva, Curtis)
September 22, 2020 Opinion or Order Filing 571 NOTICE of of Response pursuant to Endorsement Order, Dkt 566 re: #563 Letter,. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Lambert, George)
September 21, 2020 Opinion or Order Filing 570 ORDER: The former attorneys for Mykalai Kontilai, Steven Sessa and Curtis Alva, are directed to confer by telephone with George A. Lambert regarding the letter dated September 13, 2020 (Docket # 558). If agreement cannot be reached, the Court's pre-motion conference requirement is waived and Kontilai has leave to submit a proposed Order to Show Cause to the Court (accompanied by a memorandum of law and affidavit). Counsel for Kontilai is directed to serve a copy of this Order on the former attorneys. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)
September 21, 2020 Opinion or Order Filing 569 MEMO ENDORSEMENT: on re: #557 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The Court was unable to address this request before today and now rules as follows: 1) Given the complexity of this case and the multiple claims, the application to shorten the length of the deposition is denied. 2) As to the issue of the topics to be raised at the deposition, the topics were made clear months ago and it is thus inexplicable that CCI brought the issue to the Court's attention only five business days before the deposition was scheduled to begin. (This letter was filed long after business hours on the sixth business day before the scheduled date.) Given that any preparation of the witness must necessarily have occurred by now, the Court views the application as moot. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)
September 21, 2020 Opinion or Order Filing 568 MEMO ENDORSEMENT on MOTION TO BE RELIEVED AS COUNSEL TO RELIEF DEFENDANT VERONICA KONTILAI: granting #540 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. T. Louis Palazzo is relieved as counsel. SO ORDERED. Attorney Louis Palazzo terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)
September 17, 2020 Opinion or Order Filing 567 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated September 16, 2020 re: Protective Order CCI Deposition. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 16, 2020 Opinion or Order Filing 566 MEMO ENDORSEMENT on re: #563 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Defendant Mykalai Kontilai shall file a letter response, not to exceed three (3) pages, by September 23, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 9/16/2020) (jca)
September 15, 2020 Opinion or Order Filing 565 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated 09/15/2020 re: Response to Defendant Collector's Coffee, Inc.'s letter dated September 11, 2020 requesting a pre-motion conference for a protective order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Williams, Mark)
September 15, 2020 Opinion or Order Filing 564 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated September 15, 2020 re: Response to Defendant Collector's Coffee, Inc.'s letter dated September 11, 2020 requesting a pre-motion conference for a protective order. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
September 15, 2020 Opinion or Order Filing 563 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller dated September 15, 2020 re: Application for Pre-Motion Conference on SECs Anticipated Motion for Partial Judgment on the Pleadings Regarding Affirmative Defenses. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 15, 2020 Opinion or Order Filing 562 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 15, 2020 re: Request for Conference and Formal Briefing re Doc. # 561. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 15, 2020 Opinion or Order Filing 561 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 15, 2020 re: Request for Discovery Conference for Motion for Protective Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Deposition Notice of SEC Counsel, #2 Exhibit 2 Kontilai's Deposition Notice of SEC, #3 Exhibit 3 CCI's Deposition Notice of SEC, #4 Exhibit 4 Excerpt of Gail Holt Deposition).(Miller, Terry)
September 15, 2020 Opinion or Order Filing 560 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated September 15, 2020 re: Motion for Protective Order. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
September 14, 2020 Opinion or Order Filing 559 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 14, 2020 re: Stipulation on additional time for deposition of Mykalai Kontilai (Doc. # 553). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 13, 2020 Opinion or Order Filing 558 LETTER MOTION for Discovery re. transfer of file issue, moving for Court's intervention, addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated September 13, 2020. Document filed by Mykalai Kontilai..(Lambert, George)
September 11, 2020 Opinion or Order Filing 557 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated September 11, 2020 re: Protective Order CCI Deposition. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit A Deposition Topics, #2 Exhibit B specific Objections, #3 Exhibit C Meet and Confer Ltr to Counsel).(Morris, Stanley)
September 11, 2020 Opinion or Order Filing 556 DECLARATION of Stanley C. Morris in Support re: #554 MOTION to Compel Securities and Exchange Commission to Produce.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Privilege Log, #2 Exhibit 2 Supplement to Privilege Log, #3 Exhibit 3 Declaration of Edward Little, #4 Exhibit 4 Dougan Notes, #5 Exhibit 5 Dougan Notes, #6 Exhibit 6 SEC Correspondence, #7 Exhibit 7 SEC Objections and Responses, #8 Exhibit 8 Judge Loretta Preska Order, #9 Exhibit 9 Dougan).(Morris, Stanley)
September 11, 2020 Opinion or Order Filing 555 MEMORANDUM OF LAW in Support re: #554 MOTION to Compel Securities and Exchange Commission to Produce. Documents. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 11, 2020 Opinion or Order Filing 554 MOTION to Compel Securities and Exchange Commission to Produce. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 11, 2020 Opinion or Order Filing 553 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 11, 2020 re: Request for additional time for deposition of Mykalai Kontilai. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 10, 2020 Opinion or Order Filing 552 AFFIDAVIT of MYKALAI KONTILAE re: #537 Order on Motion for Extension of Time,,,,,,,,, . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Lambert, George)
September 10, 2020 Opinion or Order Filing 551 NOTICE of Declaration of Stanley C. Morris In Response to Court Order Re Deposition of Collector's Coffee, Inc. re: #537 Order on Motion for Extension of Time,,,,,,,,,. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 10, 2020 Opinion or Order Filing 550 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated September 10, 2020 re: Response re: Deposition of Veronica Kontilai [DE 549]. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
September 9, 2020 Opinion or Order Filing 549 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 9.9.2020 re: Discovery conference; protective order. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit 7.18.20 letter from Dr. Saben, #2 Exhibit 9.8.20 letter from Dr. Saben).(Joseph, Peter)
September 9, 2020 Opinion or Order Filing 548 ORDER: granting #547 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/09/2020) (ama)
September 9, 2020 Opinion or Order Filing 547 LETTER MOTION for Extension of Time for Debevoise & Plimpton LLP to complete its document production addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated September 9, 2020. Document filed by Debevoise & Plimpton LLP..(Tahbaz, Christopher)
September 9, 2020 Opinion or Order Filing 546 ORDER ON ADMISSION PRO HAC VICE granting #544 Motion for George Lambert to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/9/2020) (cf)
September 8, 2020 Opinion or Order Filing 545 MEMO ENDORSEMENT on re: #542 Letter, filed by United States Securities and Exchange Commission. Application granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/8/2020) (rch)
September 8, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #544 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice for VERONICA KONTILAI. Filing fee $ 200.00, receipt number ANYSDC-21526307. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 7, 2020 Opinion or Order Filing 544 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice for VERONICA KONTILAI. Filing fee $ 200.00, receipt number ANYSDC-21526307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Kontilai. (Attachments: #1 Affidavit with 3 exhibits, #2 Text of Proposed Order).(Lambert, George)
September 4, 2020 Opinion or Order Filing 543 MEMO ENDORSEMENT: on re: #542 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: CCI shall respond to this application by letter filed on or before 12 noon on September 8, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/04/2020) (ama)
September 4, 2020 Opinion or Order Filing 542 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 4, 2020 re: Request for Extension of Time to Respond to Interrogatories. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 2, 2020 Opinion or Order Filing 541 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE granting #539 Motion for GEORGE LAMBERT to Appear Pro Hac Vice. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/02/2020) (ama)
September 1, 2020 Opinion or Order Filing 540 FIRST MOTION for T. Louis Palazzo to Withdraw as Attorney For Relief Defendant Veronica Kontilai. Document filed by Veronica Kontilai..(Palazzo, Louis)
September 1, 2020 Opinion or Order Filing 539 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Affidavit with 3 Certificates).(Lambert, George)
September 1, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #539 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 31, 2020 Opinion or Order Filing 538 NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Veronica Kontilai..(Joseph, Peter)
August 28, 2020 Opinion or Order Filing 537 ORDER granting #529 Letter Motion for Extension of Time. The Court has reviewed Docket # 529 and the letters in response (Docket # 533, 534, 535, 536). The Court will permit Kontilai to delay his deposition until September 18, 2020. Kontilai remains obligated to make all arrangements necessary to ensure that the deposition proceeds smoothly. Accordingly, Kontilai must file an affidavit by September 10, 2020, stating all arrangements he has made to ensure the deposition proceeds from Ukraine without interruption (including, but not limited to, the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there). The parties may agree to alter these dates without Court approval. The Court has not previously been asked to schedule of the deposition of Collector's Coffee, Inc. ("CCI"). Given that it cannot be certain whether Kontilai will invoke his Fifth Amendment privilege at some point in the future, CCI is directed to begin preparing now a witness other than Kontilai to testify as the witness designated under Fed. R. Civ. P. 30(b)(6). Presumably, if the ultimate designee is a witness other than Kontilai, the deposition will take place by video in the United States from a location agreed to by the parties. The Court is prepared to accede to a limited adjournment of the planned deposition dates. CCI shall have an authorized person file an affidavit by September 10, 2020, stating who the designee will be and stating all arrangements he or she has made to ensure the deposition proceeds without interruption either from Ukraine, if Kontilai is the designee, or the location in the United States if it is someone else (including, but not limited to, the platform that will be used for the deposition; the precise location where the deposition will take place; the arrangements he or she has made for internet access; and, in the event Kontilai is the designee, the arrangements Kontilai has made to travel). The deposition of CCI shall take place on September 21, 2020, and if necessary, September 22, 2020. The parties may agree to alter these dates without Court approval. SO ORDERED. Deposition due by 9/18/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/28/2020) (ama)
August 27, 2020 Opinion or Order Filing 536 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 08/27/2020 re: Docket 535. Document filed by Mykalai Kontilai..(Joseph, Peter)
August 27, 2020 Opinion or Order Filing 535 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 27, 2020 re: Supplement to Response to Docket 529 [With My Original Response Being Assigned Docket 534]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 27, 2020 Opinion or Order Filing 534 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 27, 2020 re: Docket 529 Position of the Intervenor Plaintiffs and Joinder in Docket 533. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 27, 2020 Opinion or Order Filing 533 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated August 27, 2020 re: Response to Defendants Joint Application to Delay Depositions (Doc. # 529). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
August 26, 2020 Opinion or Order Filing 532 ORDER: granting #531 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2020) (ama)
August 26, 2020 Opinion or Order Filing 531 LETTER MOTION for Extension of Time for Debevoise to complete its document production addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated August 26, 2020. Document filed by Debevoise & Plimpton LLP..(Tahbaz, Christopher)
August 25, 2020 Opinion or Order Filing 530 AFFIDAVIT of Mykalai Kontilai in Support re: #529 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 8/25/2020.. Document filed by Mykalai Kontilai..(Joseph, Peter)
August 25, 2020 Opinion or Order Filing 529 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 8/25/2020. Document filed by Mykalai Kontilai. Return Date set for 8/27/2020 at 09:00 AM..(Joseph, Peter)
August 25, 2020 Opinion or Order Filing 528 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21319081. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit With Exhibits, Certificates of good standing, #2 Text of Proposed Order).(Lambert, George) Modified on 8/25/2020 (vba).
August 25, 2020 Opinion or Order Filing 527 NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Mykalai Kontilai..(Joseph, Peter)
August 25, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #528 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21319081. 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 FLORIDA; SUPREME COURT OF MASSACHUSETTS;. Re-file the motion as a Corrected 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.. (vba)
August 20, 2020 Opinion or Order Filing 526 MEMO ENDORSEMENT re: #525 Letter, filed by Collector's Coffee Inc. ENDORSEMENT: The Court's pre-motion conference requirement is waived. The motion shall be filed forthwith and shall comply with the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2020) (nb)
August 19, 2020 Opinion or Order Filing 525 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated August 19, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Affirmation of Edward Little, #2 Exhibit 2 SEC Privilege Log, #3 Exhibit 3 Gail Holt Proffer Agreement).(Morris, Stanley)
August 19, 2020 Opinion or Order Filing 524 ORDER granting #457 Motion to Withdraw as Attorney. ; granting #458 Motion to Withdraw as Attorney. ; granting #462 Motion to Withdraw as Attorney. ; granting #464 Motion to Withdraw as Attorney. ; granting #465 Motion to Withdraw as Attorney. ; granting #466 Motion to Withdraw as Attorney. ; granting #467 Motion to Withdraw as Attorney. ; granting #468 Motion to Withdraw as Attorney. Good cause having been shown, the motions to withdraw (Docket # 457, 458, 462, 464, 465, 466, 467, 468) are granted effective on September 11, 2020, at 12:00 noon. If no new attorney has filed a notice of appearance as of that date and time, defendant Mykalai Kontilai will proceed pro se. Also, if no such notice has been filed, permission to withdraw is conditioned on (1) the filing, in consultation with Kontilai, of a sworn statement by one of the attorneys containing all telephone numbers, postal addresses, and email addresses where Kontilai may be contacted; and (2) an attorney filing a letter that attaches the Court's form, signed by Kontilai, by which a pro se defendant consents to be served electronically. The form is available at: https://www.nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf and will be accepted only in the event Kontilai is required to proceed pro se. The appearance of new counsel and/or any self-representation by Kontilai will have no effect on any deadlines in this matter. While Kontilai's current attorneys are remaining on the case for now, Kontilai should start preparing to represent himself inasmuch as he may be required to proceed pro se beginning on September 11, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/19/2020) (rro)
August 19, 2020 Opinion or Order Filing 523 FOURTH MOTION for Curtis S. Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Alva, Curtis)
August 19, 2020 Opinion or Order Filing 522 FOURTH MOTION for Steven C. Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Sessa, Steven)
August 18, 2020 Opinion or Order Filing 521 NOTICE of Filing re: #517 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Exhibit A - Declaration of Kontilai, #2 Affidavit Exhibit B - Declaration Solopov).(Sessa, Steven)
August 18, 2020 Opinion or Order Filing 520 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated August 18, 2020 re: Notification of Submitted Briefs and Request for Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
August 17, 2020 Opinion or Order Filing 519 REPLY MEMORANDUM OF LAW in Support re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
August 14, 2020 Opinion or Order Filing 518 NOTICE of Filing re: #515 Order,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Exhibit A - MK Affidavit, #2 Affidavit Exhibit B - GL Affidavit).(Sessa, Steven)
August 10, 2020 Opinion or Order Filing 517 ORDER: The Court grants Kontilai's application to hold the deposition by videoconference in Belarus provided (1) Kontilai files an affidavit on or before August 18, 2020, stating all arrangements he has made to ensure the deposition proceeds from Belarus without interruption (including but not limited to the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there); and (2) Kontilai files by August 18, 2020, documents reflecting that the appropriate authorities in Belarus have given permission for the deposition to occur there. Any deposition in Belarus must take place by August 28, 2020, unless the parties agree otherwise in writing. If Kontilai fails to fulfill the two conditions in the previous paragraph, the Court in the alternative will permit Kontilai to hold the deposition by videoconference from Ukraine if, by August 25, 2020, Kontilai files an affidavit stating all arrangements he has made to ensure thedeposition proceeds from Ukraine without interruption (including but not limited to the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there). Any deposition in Ukraine must take place by September 4, 2020, unless the parties agree otherwise in writing. If Kontilai fails to fulfill the conditions in either of the two previous paragraphs, the deposition will take place live in New York on September 11, 2020, at a location to be specified by the SEC, unless the parties agree otherwise in writing. With respect to any video deposition, the parties should attempt to stipulate to the details of the manner in which the deposition will be held perhaps in line with Judge Liman's Individual Practices as set forth in Docket # 499. SO ORDERED., ( Deposition due by 9/11/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2020) (ama)
August 10, 2020 Opinion or Order Filing 516 MEMO ENDORSEMENT on RELIEF DEFENDANT VERONICA KONTILAI'S MOTION FOR RECONSIDERATION OF MOTION FOR PROTECTIVE ORDER terminated as moot #489 Motion for Reconsideration. ENDORSEMENT: The SEC must have a lot of time on its hands to have filed Docket # 511 notwithstanding an agreement with opposing counsel resolving the issue raised by this motion (see Docket # 514). The motion forreconsideration (Docket # 489) is terminated as moot. Ms. Kontilai shall appear for her deposition on September 10 and 14, 2020, unless the parties agree otherwise in writing. Next time, please present such an agreement by means of a proposed stipulation and order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2020) (ama)
August 10, 2020 Opinion or Order Filing 515 ORDER: With regard to the motions to withdraw filed by the attorneys for Mykalai Kontilai, Kontilai is directed to file an affidavit on or before August 14, 2020, indicating all efforts he has made to obtain new counsel, including any interactions with his insurance company to obtain approval of such counsel. Included in this affidavit shall be any information he may have as to if or when new counsel would file a notice of appearance. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2020) (ama)
August 6, 2020 Opinion or Order Filing 514 REPLY to Response to Motion re: #489 FIRST MOTION for Reconsideration of Motion For Protective Order. . Document filed by Veronica Kontilai..(Palazzo, Louis)
August 5, 2020 Opinion or Order Filing 513 MEMO ENDORSEMENT: on re: #512 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2020) (ama)
August 5, 2020 Opinion or Order Filing 512 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 5, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 4, 2020 Opinion or Order Filing 511 MEMORANDUM OF LAW in Opposition re: #489 FIRST MOTION for Reconsideration of Motion For Protective Order. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
August 4, 2020 Opinion or Order Filing 510 OPINION AND ORDER: For the reasons above, the Objections are OVERRULED. It is further ORDERED that, pursuant to the Order at Dkt. No. 382, Kontilai is directed to produce the tax returns within two business days of the issuance of this order. (Signed by Judge Lorna G. Schofield on 8/04/2020) (ama)
August 3, 2020 Opinion or Order Filing 509 MEMORANDUM OF LAW in Opposition re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Affidavit).(Sessa, Steven)
August 3, 2020 Opinion or Order Filing 508 MEMORANDUM OF LAW in Opposition re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. #453 . Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Exhibit A).(Palazzo, Louis)
August 3, 2020 Opinion or Order Filing 507 NOTICE of Relief Defendant Veronica Kontilai's Memorandum of Law in Support of Opposition to Plaintiff United States Securities and Exchange Commission's Motion For Contempt. Document filed by Veronica Kontilai..(Palazzo, Louis)
August 3, 2020 Opinion or Order Filing 506 REPLY MEMORANDUM OF LAW in Support re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. . Document filed by Collector's Coffee Inc...(Morris, Stanley)
August 3, 2020 Opinion or Order Filing 505 STIPULATION AND ORDER: NOW, THEREFORE, the Parties have agreed to modify the Subpoena on the following terms and conditions: 1. All DOCUMENTS (including e-mails) that COLLECTOR'S COFFEE provided to YOU during the course of YOUR representation of COLLECTOR'S COFFEE. 2. All e-mails and other written COMMUNICATIONS between YOU and any third-party RELATING TO COLLECTOR'S COFFEE; as further set forth herein. Within a reasonable period of time but no later than sixty (60) days upon being presented with a reasonably detailed bill including identification of the time expended in collecting and producing the agreed-upon categories of documents, Collector's or its insurer will pay DP for the cost of producing the documents identified herein up to $50,000. DP understands that compensation of the expenses incurred by DP in responding to the Subpoena as set forth above will be covered by insurance. If insurance does not cover any expenses, Collector's will be responsible for payment. DP reserves the right to not release the final portion of the productions until Collector's or its insurer pays DP in full for the amount of time covered by this agreement. DP will undertake rolling productions, the first of which can be made on August 7, 2020, and DP will use its best efforts to complete all productions by approximately August 27, 2020. DP will provide advance notice to Collector's if that deadline needs to be extended; as further set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/2020) (mro)
August 1, 2020 Opinion or Order Filing 504 NOTICE of Notice of Errata re: #499 Letter,. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Corrected Declaration).(Morris, Stanley)
August 1, 2020 Opinion or Order Filing 503 PROPOSED STIPULATION AND ORDER. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Subpoena Duces Tecum).(Morris, Stanley)
July 31, 2020 Opinion or Order Filing 502 MEMO ENDORSEMENT: on re: #500 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 8/3/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2020) (ama)
July 31, 2020 Opinion or Order Filing 501 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 07/31/2020 re: Reply to Defendant's Supplemental Letter [Doc. # 499] re Location of Mykalai Kontilais Deposition. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
July 31, 2020 Opinion or Order Filing 500 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 31, 2020 re: Stipulated Request for Extension of Time. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 31, 2020 Opinion or Order Filing 499 SUPPLEMENTAL LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.31.2020 re: Reply to SEC Letter DE 487, Location of Mykalai Kontilais Deposition. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
July 31, 2020 Opinion or Order Filing 498 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.31.2020 re: Reply to SEC Letter DE 487, Location of Mykalai Kontilai's Deposition. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 30, 2020 Opinion or Order Filing 497 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 30, 2020 re: SEC Request for Sanctions Under Rule 37(b)(2)(A). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 30, 2020 Opinion or Order Filing 496 ***SELECTED PARTIES***NOTICE of Filing Under Seal re: #493 Order on Motion to Seal,,,. Document filed by Veronica Kontilai, Adobe Investments, LLC, Collector's Coffee Inc., Collector's Coffee, Inc., Debevoise & Plimpton LLP, Jackie Robinson Foundation, Inc., Mykalai Kontilai, SDJ Investments, LLC, Darren Sivertsen, United States Securities and Exchange Commission. (Attachments: #1 Exhibit Unredacted Letter)Motion or Order to File Under Seal: #491 .(Palazzo, Louis)
July 30, 2020 Opinion or Order Filing 495 ***SELECTED PARTIES***NOTICE of Filing Under Seal re: 463 Order on Motion for Leave to File Document,. Document filed by Veronica Kontilai, Adobe Investments, LLC, Collector's Coffee Inc., Collector's Coffee, Inc., Debevoise & Plimpton LLP, Jackie Robinson Foundation, Inc., Mykalai Kontilai, SDJ Investments, LLC, Darren Sivertsen, United States Securities and Exchange Commission. (Attachments: #1 Exhibit Unredacted Letter)Motion or Order to File Under Seal: #445 .(Palazzo, Louis)
July 30, 2020 Opinion or Order Filing 494 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7-30-2020 re: Motions to Withdraw are fully submitted. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 29, 2020 Opinion or Order Filing 493 RELIEF DEFENDANT VERONICA KONTILAI'S APPLICATION TO FILE EXHIBIT UNDER SEAL: granting #491 Letter Motion to Seal. Relief Defendant Veronica Kontilai hereby moves this Honorable Court, pursuant to the Court's Individual Rules of Practice 2.E, for an Order permitting Relief Defendant Veronica Kontilai to file "Exhibit A" to Relief Defendant's Motion For Reconsideration of Motion For Protective Order, under seal. Relief Defendant respectfully requests that "Exhibit A" be filed under seal because it concerns private and sensitive medical information, protected under HIPAA, related to Relief Defendant's medical/psychiatric condition. Application to file under seal granted. Counsel shall file forthwith the unredacted version of this document under seal so that it is visible to the other attorneys on this case and to the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/29/2020) (ama)
July 29, 2020 Opinion or Order Filing 492 REPLY to Response to Motion re: #457 MOTION for Steven C. Sessa to Withdraw as Attorney ., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai., #458 MOTION for Curtis Alva to Withdraw as Attorney ., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . , #476 NOTICE of Correspondence, #470 & #480 OPPOSITIONS. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 28, 2020 Opinion or Order Filing 491 LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated July 18, 2020. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)
July 28, 2020 Opinion or Order Filing 490 DECLARATION of Louis Palazzo in Support re: #489 FIRST MOTION for Reconsideration of Motion For Protective Order.. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)
July 28, 2020 Opinion or Order Filing 489 FIRST MOTION for Reconsideration of Motion For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)
July 28, 2020 Opinion or Order Filing 488 NOTICE of Motion For Reconsideration of Motion For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)
July 28, 2020 Opinion or Order Filing 487 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated July 28, 2020 re: Location of Mykalai Kontilai's Deposition [Dkt. No. 482]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 28, 2020 Opinion or Order Filing 486 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 7/22/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)
July 28, 2020 Opinion or Order Filing 485 TRANSCRIPT of Proceedings re: Telephone Conference held on 7/22/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2020. Redacted Transcript Deadline set for 8/28/2020. Release of Transcript Restriction set for 10/26/2020..(rro)
July 27, 2020 Opinion or Order Filing 484 REPLY to Response to Motion re: #457 MOTION for Steven C. Sessa to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #458 MOTION for Curtis Alva to Withdraw as Attorney ., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney ., #462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai. , #476 NOTICE and [470 & 480] OPPOSITIONS. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 27, 2020 Opinion or Order Filing 483 REPLY MEMORANDUM OF LAW in Support re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Collector's Coffee Inc...(Morris, Stanley)
July 27, 2020 Opinion or Order Filing 482 MEMO ENDORSEMENT: on re: #481 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The SEC is directed to address defendant's proposal that the deposition take place by video, with the defendant located in Ukraine or Belarus. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/27/2020) (ama)
July 24, 2020 Opinion or Order Filing 481 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 24, 2020 re: Date of Mykalai Kontilai's Deposition in New York. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 24, 2020 Opinion or Order Filing 480 MEMORANDUM OF LAW in Opposition re: #457 MOTION for Steven C. Sessa to Withdraw as Attorney ., #462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai., #458 MOTION for Curtis Alva to Withdraw as Attorney ., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 24, 2020 Opinion or Order Filing 479 MEMORANDUM OF LAW in Opposition re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. . Document filed by United States Securities and Exchange Commission..(Williams, Mark)
July 24, 2020 Opinion or Order Filing 478 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.24.2020 re: Deposition Relocation of Mr. Kontilai. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 24, 2020 Opinion or Order Filing 477 ORDER re: #304 MOTION for Reconsideration re; #301 Order filed by United States Securities and Exchange Commission. For the reasons stated on the record during the July 22, 2020 oral argument, the SEC's motion for reconsideration (Docket # 304) is further granted to the following extent. Defendant Mykalai Kontilai, shall on or before August 7, 2020, produce to the SEC documents in his custody or control: (1) pertaining to 566 Tam O Shanter, Las Vegas, Nevada, and 4035/4045 Pinecrest Street, Las Vegas, Nevada, as well as records from entities through which Kontilai may hold an interest in these properties, including but limited to the Bed Red Irrevocable Trust and the Paloma Emily, LLC; and (2) evidencing title to real property in which Defendant Collector's Coffee Inc. or Relief Defendant Veronica Kontilai has any direct or indirect beneficial interest. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/2020) (ama)
July 24, 2020 Opinion or Order Filing 476 NOTICE of Correspondence from Mr. Kontiali to Mr. Miller among others dated 7.23.2020. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Sessa, Steven)
July 24, 2020 Opinion or Order Filing 475 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 7.24.2020 re: Alternative Order Amending Temporary Restraining Order. Document filed by Mykalai Kontilai. (Attachments: #1 Supplement, #2 Text of Proposed Order).(Sessa, Steven)
July 24, 2020 Opinion or Order Filing 474 MEMO ENDORSEMENT on re: #472 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The motion to compel shall be filed by July 31, 2020. Briefing thereafter shall be in accordance with paragraph 2.B of the Court's Individual Practices. (Motions due by 7/31/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/2020) (cf)
July 24, 2020 Opinion or Order Filing 473 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.24.2020 re: Alternative Proposed Order. Document filed by Mykalai Kontilai. (Attachments: #1 Supplement, #2 Text of Proposed Order).(Sessa, Steven)
July 23, 2020 Opinion or Order Filing 472 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated July 23, 2020 re: Joint Request for Extension on Deadline to File Motion to Compel. Document filed by Collector's Coffee Inc...(Morris, Stanley)
July 23, 2020 Opinion or Order Filing 471 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated July 23, 2020 re: Proposed Order for the Production of Certain Real Property Records. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Williams, Mark)
July 23, 2020 Opinion or Order Filing 470 RESPONSE to Motion re: #462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
July 23, 2020 Opinion or Order Filing 469 ORDER: denying #443 Motion for Protective Order. Accordingly, the motion for a protective order (Docket # 443) is denied. Nonetheless, in an abundance of caution, the Court will direct (1) that the deposition take place by video; (2) that Kontilai not be deposed for more than 3-1/2 hours in one day; and (3) that if more than 3-1/2 hours of questioning is planned, the second deposition day be scheduled for at least 2 business days later. Veronica Kontilai is ordered to appear for her deposition on dates agreed upon by the parties, which shall be no earlier than August 10, 2020. If the parties cannot agree on dates, the parties may present their proposals for dates by letter on or before August 3, 2020, and the Court will order the deposition to take place on dates certain. And as set forth herein. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2020) (ama)
July 23, 2020 Opinion or Order Set/Reset Deadlines: Deposition due by 8/10/2020. (ama)
July 22, 2020 Opinion or Order Filing 468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
July 22, 2020 Opinion or Order Filing 467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)
July 22, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 7/22/2020. Discovery orders issued. See transcript. To order the transcript, follow the instructions on the court's website to obtain an Electronic Court Recording (ECR) transcript The request form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr. Plaintiff to provide form of proposed order. (rch)
July 21, 2020 Opinion or Order Filing 466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)
July 21, 2020 Opinion or Order Filing 465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
July 21, 2020 Opinion or Order Filing 464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
July 21, 2020 Opinion or Order Filing 463 ORDER granting #445 Letter Motion for Leave to File Document. The application to seal is granted. The document at issue shall be filed as a sealed document on ECF forthwith. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
July 21, 2020 Opinion or Order Filing 462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Declaration ISO Withdrawal Application).(Gleizer, Guillermo)
July 21, 2020 Opinion or Order Filing 461 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Guillermo Gleizer dated July 20, 2020 re: Leave to Withdraw Application. Document filed by Mykalai Kontilai. (Attachments: #1 Notice Motion to Withdraw, #2 Declaration in Support).(Gleizer, Guillermo)
July 21, 2020 Opinion or Order Filing 460 MEMO ENDORSEMENT on re: #459 Letter filed by Mykalai Kontilai. The request to adjourn the oral argument on the motion for reconsideration is denied. While counsel has filed a motion to withdraw (a motion that fails to comply with Local Civil Rule 7.1 and Paragraph 2.B of the Court's Individual Practices), counsel remains on the case absent an order of the Court. See Local Civil Rule 1.4. Nothing in the motion to withdraw as filed suggests that counsel would be unable to argue the motion for reconsideration and nothing in this letter so indicates. (Signed by Magistrate Judge Gabriel W. Gorenstein on 07/21/2020) (Gorenstein, Gabriel)
July 20, 2020 Opinion or Order Filing 459 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 07.20.2020 re: Emergency Request for Adjournment of July 22, 2020 Oral Argument. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 20, 2020 Opinion or Order Filing 458 MOTION for Curtis Alva to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)
July 20, 2020 Opinion or Order Filing 457 MOTION for Steven C. Sessa to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
July 17, 2020 Opinion or Order Filing 456 DECLARATION of Louis Palazzo in Support re: #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal.. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)
July 17, 2020 Opinion or Order Filing 455 REPLY MEMORANDUM OF LAW in Support re: #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal. . Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)
July 17, 2020 Opinion or Order Filing 454 ORDER granting #371 Motion to Compel. The Court might consider an application to hold the deposition by video from a location other than Russia if it were persuaded that it was legally permissible to do so. But Kontilai has not proposed any other location. And the only place that we know for sure Kontilai can legally appear for the deposition is the United States. Kontilai has not articulated any impediment to his appearing in the United States other than his argument regarding its effect on his asylum application. Accordingly, Kontilai is ordered to appear for his deposition in this district on a date agreed upon by the parties. If they cannot agree on a date, the parties may present their proposals for the date by letter filed on or before July 24, 2020, and the Court will order the deposition to take place on a date certain. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/17/2020) (rj)
July 17, 2020 Opinion or Order Filing 453 MEMORANDUM OF LAW in Support re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Miller, Terry)
July 17, 2020 Opinion or Order Filing 452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 16, 2020 Opinion or Order Filing 451 ORDER granting #449 Motion for Amelia R. Garza-Mattia to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/16/2020) (rj)
July 15, 2020 Opinion or Order Filing 450 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated July 15, 2020 re: Third Party Debevoise Application to File Under Seal. Document filed by Debevoise & Plimpton LLP. (Attachments: #1 Exhibit 1- Redacted Responses and Objections to Subpoena).(Tahbaz, Christopher)
July 15, 2020 Opinion or Order Filing 449 MOTION for Amelia R. Garza-Mattia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20699362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Declaration of Amelia R. Garza-Mattia, with Certificate, #2 Text of Proposed Order).(Garza-Mattia, Amelia)
July 15, 2020 Opinion or Order Filing 448 MEMORANDUM OF LAW in Opposition re: #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 15, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #449 MOTION for Amelia R. Garza-Mattia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20699362. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
July 14, 2020 Opinion or Order Filing 447 CERTIFICATE OF SERVICE of [ECF 440] [ECF 441] served on Louis Palazzo, Terry Miller, Mark L. Williams, Curtis Alva, Guillermo Ariel Gleizer, Steven Sessa, Seth Eliot Spitzer, Cristina Isabel Calvar, Michael P. Roche and Dan K. Webb on July 13, 2020. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
July 14, 2020 Opinion or Order Filing 446 DECLARATION of Louis Palazzo in Support re: #445 FIRST LETTER MOTION for Leave to File Redacted Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated July 13, 2020., #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal.. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Palazzo, Louis)
July 14, 2020 Opinion or Order Filing 445 FIRST LETTER MOTION for Leave to File Redacted Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated July 13, 2020. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)
July 14, 2020 Opinion or Order Filing 444 NOTICE of filing Motion For Protective Order and Application To File Exhibit Under Seal. Document filed by Veronica Kontilai..(Palazzo, Louis)
July 14, 2020 Opinion or Order Filing 443 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Protective Order and Application To File Exhibit Under Seal. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Redacted Letter, #3 Exhibit Email Correspondence).(Palazzo, Louis) Modified on 7/28/2020 (lb).
July 13, 2020 Opinion or Order Filing 442 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 07.13.2020 re: Agreed Deadline Schedule per Order dated July 6, 2020. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 13, 2020 Opinion or Order Filing 441 MEMORANDUM OF LAW in Opposition re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
July 13, 2020 Opinion or Order Filing 440 RESPONSE to Motion re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
July 13, 2020 Opinion or Order Filing 439 MEMO ENDORSEMENT on re: #438 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The deadline for filing the motion to compel production from Debevoise & Plimpton is extended to July 24, 2020. The remaining schedule for this motion shall be in accordance with paragraph 2.B of the Court's Individual Practices. (Motions due by 7/24/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/13/2020) (jwh)
July 12, 2020 Opinion or Order Filing 438 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated July 12, 2020 re: Joint Request For Briefing Schedule. Document filed by Collector's Coffee Inc...(Morris, Stanley)
July 10, 2020 Opinion or Order Filing 437 ORDER: Oral argument on the pending motion for reconsideration (as described in Docket # 358) will take place on July 22, 2020, at 4:00 p.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. Each attorney or unrepresented party is directed to ensure that all other attorneys or unrepresented parties on the case are aware of the oral argument date and time. In addition, any requests for an adjournment must be made in compliance with Judge Gorenstein's rules (available at:http://nysd.uscourts.gov/judge/Gorenstein). SO ORDERED., ( Oral Argument set for 7/22/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein., Telephone Conference set for 7/22/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/10/2020) (ama)
July 9, 2020 Opinion or Order Filing 436 MEMO ENDORSEMENT: on re: #419 Letter filed by Mykalai Kontilai. ENDORSEMENT: There are some troubling things in this letter the suggestion that Mr. Sessa's problem derives from the fact that he chose not to limit the SEC to discussing "one issue" during the initial meet-and-confer; that it is relevant to his conduct that he believed the SEC's letter to the Court to be overlong or overbroad; the lack of recognition that his error occurred not on June 22 but rather early in the day on June 19 when he apparently knew he could not file his response by the Court-ordered deadline but took no action during business hours to seek an extension; that on June 22 he apparently relied on a single individual to make any filings in this case and if that individual was not available, he had no mechanism to make any filing (a failing he claims to be rectifying). Notwithstanding these concerns, the Court will not issue a sanction at this time but will instead admonish Mr. Sessa to scrupulously comply with Court orders in the future. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) (ama)
July 9, 2020 Opinion or Order Filing 435 ORDER: Having said this, the Court assumes that the SEC will accept the Court's invitation to withdraw its previously-filed motion and file a new motion that makes clear which doctrines form the basis of its motion and which remedies pertain to which doctrine. If it fails to do so, it is warned that its motion may be denied in whole or in part for lack of clarity. In light of the above, the Court will not hold defendants to the previous deadline for a response. The defendants certainly should not stop their efforts to prepare their response to the motion, however. The lion's share of preparation by the defendants will revolve around contesting the factual allegations, not the particular legal bases for the sanctions sought. These allegations are unlikely to change if a replacement motion is filed. Thus, nothing we have said in this Order should prevent the defendants from continuing the work necessary to respond to theSEC's motion. On or before July 17, 2020, the SEC shall either file a new motion and brief or file a letter stating that it intends to rely on its previously-filed papers. The defendants' response shall be due July 31, 2020. The SEC may file a reply within 14 days of the filing of the opposition papers. The parties may agree to extend these deadlines without Court order provided any agreement is disclosed to the Court by means of a letter filed on ECF. SO ORDERED., ( Motions due by 7/17/2020., Responses due by 7/31/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) (ama)
July 8, 2020 Opinion or Order Filing 434 REPLY MEMORANDUM OF LAW in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 8, 2020 Opinion or Order Filing 433 ORDER: Accordingly, it is ORDERED that the parties shall observe the following interim deadlines: A. CCI shall file any motion to compel Debevoise & Plimpton LLP to produce discovery in response to its subpoena on or before July 15, 2020. The existing scheduling order will be modified to comport with the 90-day extension request. The Court has not granted a concomitant extension for the deadline for post-fact discovery scheduling proposals because the time period between the close of fact discovery and the deadline for those proposals seems unnecessarily long. According, the Court hereby orders as follows: 1. All fact discovery shall be completed by November 16, 2020. 2. On or before November 23, 2020, the parties shall file a letter on ECF with a proposal for a schedule for (a) the completion of expert discovery, if any; (b) the filing of any letter to Judge Schofield requesting permission to make a summary judgment motion; and/or (3) the submission of pretrial materials as required by Judge Schofield's Individual Practices. So Ordered. ( Fact Discovery due by 11/16/2020. Motions due by 7/15/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/2020) (va)
July 8, 2020 Opinion or Order Filing 431 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 07/08/2020 re: SEC Opposition to Mykalai Kontilais Request For Extension of Time. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
July 7, 2020 Opinion or Order Filing 432 ORDER:With respect to Docket # 429, the pre-motion conference requirement is waived. Any motion shall comply with paragraphs 2.B through 2.F of the Courts Individual Practices. As to the sealing issue, Debevoise & Plimpton is directed to make the application to seal required by paragraph 2.E of the Courts Individual Practices on or before July 15, 2020 (assuming it is able to meet the rigorous standard set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006)). In the meantime, the parties should comply with the instructions in paragraph 2.E. As explained on the Courts webpage, https://www.nysd.uscourts.gov/hon-gabriel-w-gorenstein, the parties should call Chambers to determine how to transmit to the Court the unredacted version of any redacted materials that are filed by that party (including Docket # 429). Counsel for Collectors Coffee Inc. is directed to provide a copy of this Order toDebevoise & Plimpton forthwith. So Ordered. Motions due by 7/15/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/7/2020) (js)
July 7, 2020 Opinion or Order Filing 430 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 07.07.2020 re: Extension to SEC's Motion for Contempt. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 7, 2020 Opinion or Order Filing 429 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated July 7, 2020 re: Motion to Compel. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Morris, Stanley)
July 6, 2020 Opinion or Order Filing 428 ORDER: The Court has reviewed letters from the Government (Docket # 396) and defendant Veronica Kontilai (Docket # 407) regarding the Government's motion to compel Veronica Kontilai to appear for a deposition pursuant to Fed. R. Civ P. 37(a) and for an adverse-inference sanction pursuant to Fed. R. Civ. P. 37(d)(1)(A) until such deposition occurs. Intervenor-plaintiffs have joined the Government's motion (Docket # 397). The Court agrees that Veronica Kontilai's shifting reasons for her purported inability to appear at her deposition are troubling. The Court is not prepared to impose sanctions at this time, however, without further information. The Court notes that it is Veronica Kontilai's responsibility to prove that she is unable to be deposed, which the Federal Rules of Civil Procedure require that she raise by means of a motion for a protective order. See Fed. R. Civ. P. 37(d)(2) (failure to appear at a noticed deposition is sanctionable unless "the party failing to act has a pending motion for a protective order under Rule 26(c)"). The Court does not understand why any effort to provide information about her condition should be affected by the need to obtain a release pursuant to the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d-1, 1320d-3, 1320d-5, 1320d-7. First, such a release is easily prepared and signed. Second, the Court is not aware that HIPAA prevents a doctor from giving a patient's medical records to the patient herself or that the Act prevents a patient from giving such records to her attorney or anyone else. Accordingly, unless by July 13, 2020, Veronica Kontilai states in writing that her condition will permit her to be deposed beginning on July 27, 2020, and continuing indefinitely thereafter, Veronica Kontilai shall file a motion for a protective order on or before July 13, 2020. Briefing shall be governed by paragraphs 2.B through 2.F of the Court's Individual Practices. To the extent that other parties seek discovery with respect to the motion for a protective order (for example, an examination pursuant to Fed. R. Civ. P. 35 or a deposition of a treating physician or psychiatrist), they may make a letter application to the Court to suspend briefing for this purpose. Any such application may be filed either before or after Veronica Kontilai files her motion for a protective order. Finally, the deadlines contained in this Order may be extended by the parties by mutual agreement and without Court order as long as the new date or dates are disclosed to the Court in a letter filed on ECF. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/6/2020) (mro)
July 6, 2020 Opinion or Order Filing 427 ORDER re: #379 Letter, filed by Jackie Robinson Foundation, Inc., #366 Letter, filed by United States Securities and Exchange Commission. Order ruling on discovery disputes. The deadlines contained in this Order may be extended by the parties by mutual agreement and without Court order as long as the new date or dates are disclosed to the Court in a letter filed on ECF. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 07/06/2020) (Gorenstein, Gabriel)
July 2, 2020 Opinion or Order Filing 426 DECLARATION of Steven Sessa in Opposition re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition .. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit).(Sessa, Steven)
July 2, 2020 Opinion or Order Filing 425 MEMORANDUM OF LAW in Opposition re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . and #373 Joinder Motion to Compel. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 2, 2020 Opinion or Order Filing 424 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 2, 2020 re: SEC Response to Request to Modify Scheduling Order (Doc. # 420 and 421). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Declaration of Michael John Cutsey, #2 Exhibit Declaration of Jacqueline M. Moessner).(Miller, Terry)
July 1, 2020 Opinion or Order Filing 423 BRIEF re: #413 Opposition Brief, #389 Opposition Brief DEFENDANT MYKALAI KONTILAIS REPLY IN SUPPORT OF RULE 72(A) OBJECTIONS TO THE MAGISTRATE JUDGES JUNE 1, 2020 ORDER. Document filed by Mykalai Kontilai..(Sessa, Steven)
July 1, 2020 Opinion or Order Filing 422 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated July 1, 2020 re: Response to CCI Request for 90-Day Extension of Discovery. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
July 1, 2020 Opinion or Order Filing 421 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 30, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
June 30, 2020 Opinion or Order Filing 420 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated June 30, 2020 re: Extension of Discovery Cutoff and Other Pretrial Dates. Document filed by Collector's Coffee Inc...(Morris, Stanley)
June 29, 2020 Opinion or Order Filing 419 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.29.2020 re: Judge Gorenstein's Order, Docket Entry 408. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Sessa, Steven)
June 26, 2020 Opinion or Order Filing 418 DECLARATION of James Vahl in Support re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Morris, Stanley)
June 26, 2020 Opinion or Order Filing 417 MEMORANDUM OF LAW in Support re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. . Document filed by Collector's Coffee Inc...(Morris, Stanley)
June 26, 2020 Opinion or Order Filing 416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. Document filed by Collector's Coffee Inc...(Morris, Stanley)
June 25, 2020 Opinion or Order Filing 415 MEMORANDUM OF LAW in Support re: #414 MOTION for Sanctions and Order Finding Contempt. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit).(Miller, Terry)
June 25, 2020 Opinion or Order Filing 414 MOTION for Sanctions and Order Finding Contempt. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 24, 2020 Opinion or Order Filing 413 OPPOSITION BRIEF re: #389 Opposition Brief, #358 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS RESPONSE IN OPPOSITION TO DEFENDANT MYKALAI KONTILAI'S RULE 72(A) OBJECTIONS TO THE MAGISTRATE JUDGES JUNE 1, 2020 ORDER. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
June 23, 2020 Opinion or Order Filing 412 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 23, 2002 re: Request for Joinder in Pre-Motion Discovery Conference Request and Motion to Compel Defendant Mykalai Kontilai to Produce Discovery [Dkt. 379]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
June 23, 2020 Opinion or Order Filing 411 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6.23.2020 re: Response to SEC/JRF Letters for Status and Discovery Conference. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 23, 2020 Opinion or Order Filing 410 NOTICE of Filing Declaration of Vladimir Kopilov. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit).(Sessa, Steven)
June 23, 2020 Opinion or Order Filing 409 NOTICE of Filing Third Declaration of Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit).(Sessa, Steven)
June 23, 2020 Opinion or Order Filing 408 ORDER. In any event, the Court orders Kontilai to file whatever response he has to Docket # 366 and 379 by today. The Court will likely deem the applications unopposed if he fails to comply with this deadline. Indeed, the Court may deem the applications unopposed even if he makes the filing by this deadline but will reserve on that question for another time. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 06/23/2020) (Gorenstein, Gabriel)
June 22, 2020 Opinion or Order Filing 407 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated June 22, 2020 re: Response to SEC's Request For Discovery Conference For a Motion to Compel the Deposition of Relief Defendant Veronica Kontilai. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Palazzo, Louis)
June 22, 2020 Opinion or Order Filing 406 MEMO ENDORSEMENT: on re: #404 Letter, filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The deadline in paragraph III.e of Docket # 124 is extended to Sept. 16, 2020 and the deadlines in paragraph III.f. of Docket # 124 are extended to Sept. 23, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2020) (ama)
June 22, 2020 Opinion or Order Filing 405 ORDER FOR ADMISSION PRO HAC VICE: granting #403 Motion for Brian Thomas Corrigan to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2020) (ama)
June 22, 2020 Opinion or Order Filing 404 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 22, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
June 22, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
June 21, 2020 Opinion or Order Pro Hac Vice Fee Payment: for #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20352070..(Morris, Stanley)
June 20, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the filing fee was not paid;. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (ad)
June 20, 2020 Opinion or Order Pro Hac Vice Fee Due: for #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (ad)
June 20, 2020 Opinion or Order Filing 403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order).(Morris, Stanley)
June 20, 2020 Opinion or Order Filing 402 SECOND LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.20.2020 re: Amended Extension to SEC/JRF Request for Status and Discovery Conference. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 19, 2020 Opinion or Order Filing 401 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.19.2020 re: Extension to SEC Status and Discovery Conference. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 19, 2020 Opinion or Order Filing 400 DECLARATION of James Vahl in Support re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration.. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Morris, Stanley)
June 19, 2020 Opinion or Order Filing 399 MEMORANDUM OF LAW in Support re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Collector's Coffee, Inc...(Morris, Stanley)
June 19, 2020 Opinion or Order Filing 398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
June 18, 2020 Opinion or Order Filing 397 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 18, 2020 re: Intervenor Plaintiffs Joinder to SEC Docket 396. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
June 18, 2020 Opinion or Order Filing 396 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated June 18, 2020 re: Request for Discovery Conference for a Motion to Compel the Deposition of Veronica Kontilai. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 16, 2020 Opinion or Order Filing 395 MEMO ENDORSEMENT on re: #394 Letter filed by Mykalai Kontilai. ENDORSEMENT: Extension granted. The Court notes that for an extension on consent that falls within paragraph 2.A, no court order is required. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/16/2020) (ama)
June 16, 2020 Opinion or Order Filing 394 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6-16-2020 re: Amended Letter in compliance with Judge's Rule 1.E. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 15, 2020 Opinion or Order Filing 393 MEMO ENDORSEMENT on re: #390 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied for failure to comply with paragraph 1.E of this Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2020) (js)
June 15, 2020 Opinion or Order Filing 392 MEMORANDUM OPINION: denying #329 Motion to Stay. Defendant Mykalai Kontilai seeks to stay this case pending the Supreme Court's decision in Liu v. Securities and Exchange Commission, 754 F. App'x 505 (9th Cir. 2018), cert. granted, 140 S.Ct. 541 (2019) (No. 18-1501). Docket # 329. The Government (Docket # 348); intervenor-plaintiffs, who call themselves Holders (Docket # 347); and intervenor-defendant Jackie Robinson Foundation, Inc. ("JRF") (Docket # 350) all oppose the motion for a stay. Kontilai's motion for a stay (Docket # 329) is denied. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2020) (js)
June 15, 2020 Opinion or Order Filing 391 NOTICE of FILING DECLARATIONS ON TAX RETURNS. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit).(Sessa, Steven)
June 15, 2020 Opinion or Order Filing 390 SECOND LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.15.2020 re: Response Extension to SECs Conference Request Letter Doc. No. 366. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 15, 2020 Opinion or Order Filing 389 OPPOSITION BRIEF re: #358 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, DEFENDANT MYKALAI KONTILAIS RULE 72(A) OBJECTIONS TO THE MAGISTRATE JUDGES JUNE 1, 2020 ORDER. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 15, 2020 Opinion or Order Filing 388 BRIEF re: #358 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, DEFENDANT MYKALAI KONTILAIS SUR-REPLY IN OPPOSITION TO PLAINTIFF UNITED STATES SECURITY AND EXCHANGE COMMISSIONS APPLICATION FOR AN ORDER COMPELLING PRODUCTION OF REAL PROPERTY RECORDS. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 15, 2020 Opinion or Order Filing 387 MEMO ENDORSEMENT: on re: #386 Letter filed by Mykalai Kontilai. ENDORSEMENT: It is unclear if this letter is a request for an extension to June 20, 2020, or if it is a letter informing the Court of an agreement to file the response on June 15, 2020 (and that Kontilai intends to adhere to that deadline). Assuming it is the former, the request is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2020) (ama)
June 12, 2020 Opinion or Order Filing 386 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6.12.2020 re: JRFs Conference Request Letter Doc. No. 379. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 12, 2020 Opinion or Order Filing 385 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 12, 2020 re: Supplement to Request for Conference (Doc. # 366) and Motion to Compel (Doc. # 371). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit).(Miller, Terry)
June 12, 2020 Opinion or Order Filing 384 SECOND LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6.12.2020 re: SEC's Request for Conference Letter Doc. No. 366. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 11, 2020 Opinion or Order Filing 383 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06/11/2020 re: SECs Conference Request Letter Doc. No. 366. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 11, 2020 Opinion or Order Filing 382 ORDER: The application (Docket # 365) to stay the Order of June 1, 2020, is granted in part and denied in part. The obligation to produce the tax returns is delayed until two business days after the district judge issues any decision upholding the obligation to produce them, provided that Kontilai files objections pursuant to Fed. R. Civ. P. 72 on or before June 15, 2020. The requirement to make all efforts to gain actual possession of the tax returns is not stayed, however. The Court notes that Kontilai has filed a declaration (Docket # 368-1) asserting that he is not in the United States, does not have possession of his tax returns, and that he has authorized his attorneys' "firm" to act on his behalf. In light of this declaration, the attorney for Kontilai with the most knowledge of the efforts to obtain the returns - or, in the alternative, the tax preparer or other individual charged with the responsibility for obtaining the returns- is ordered to file an affidavit on June 15, 2020, reporting on all efforts he/she has made to obtain possession of those returns. The affidavit shall set forth all dates on which activity occurred and contain a description of the activities that occurred on that date. That report shall include efforts made, if any, to use the procedure described by the Government. See Docket # 381 at 1 n.1. If no such efforts were made, the affiant shall give an explanation of why not. Further, an individual with personal knowledge of these efforts shall provide a letter or email to the parties every Monday thereafter describing all efforts he/she has made in the previous week and any other information that has come to light in that time period concerning the production of the returns. That obligation shall continue until all returns are in the possession of Kontilai's attorneys, or the Government and Kontilai agree on a different reporting schedule. If the Government believes that insufficient efforts are being made, the Government may make an application to the Court compliant with paragraph 2.A of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/11/2020) (ama)
June 10, 2020 Opinion or Order Filing 381 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated June 10, 2020 re: Response to Kontilai's Request for Extension of Time (Doc. # 365). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 10, 2020 Opinion or Order Filing 380 REPLY to Response to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. DEFENDANT MYKALAI KONTILAIS REPLY TO THE INTERVENOR PLAINTIFFS OPPOSITION TO MOTION TO STAY. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 10, 2020 Opinion or Order Filing 379 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated June 10, 2020 re: Request for Pre-Motion Discovery Conference and Motion to Compel Defendant Mykalai Kontilai to Produce Discovery. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit A - Amended Response to Requests for Production, #2 Exhibit B - Amended Response to Interrogatories).(Spitzer, Seth)
June 10, 2020 Opinion or Order Filing 378 DECLARATION of Steven Sessa in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Sessa, Steven)
June 10, 2020 Opinion or Order Filing 377 REPLY to Response to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. DEFENDANT MYKALAI KONTILAIS REPLY TO PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS OPPOSITION TO MOTION FOR A LIMITED STAY. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 10, 2020 Opinion or Order Filing 376 DECLARATION of Richard A. Schonfeld in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition .. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
June 10, 2020 Opinion or Order Filing 375 JOINDER to join Corrected Notice of Intervenor-Plaintiffs' Joinder in Securities and Exchange Commission's Motion to Compel Defendant Mykalai Kontilai to Appear at A Deposition [Dkt. 371] and The Memorandum of Law in Support of That Motion [Dkt. 372]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
June 10, 2020 Opinion or Order Filing 374 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #376) - DECLARATION of Richard A. Schonfeld in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition .. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard) Modified on 6/10/2020 (ldi).
June 10, 2020 Opinion or Order Filing 373 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #375) - JOINDER to join Notice of Intervenor-Plaintiffs' Joinder in Securities and Exchange Commission's Motion to Compel Defendant Mykalai Kontilai to Appear at A Deposition [Dkt. 317] and the Memorandum of Law in Support of That Motion [Dkt. 372]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard) Modified on 6/10/2020 (ldi).
June 9, 2020 Opinion or Order Filing 372 MEMORANDUM OF LAW in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 9, 2020 Opinion or Order Filing 371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 9, 2020 Opinion or Order Filing 370 REPLY to Response to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. DEFENDANT MYKALAI KONTILAIS REPLY TO THE JACKIE ROBINSON FOUNDATION, INC.S OPPOSITION TO MOTION FOR A LIMITED STAY. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 8, 2020 Opinion or Order Filing 369 MEMORANDUM OF LAW in Support re: #304 MOTION for Reconsideration re; #301 Order, . IN SUPPORT OF ITS APPLICATION FOR AN ORDER COMPELLING PRODUCTION OF REAL PROPERTY RECORDS. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
June 8, 2020 Opinion or Order Filing 368 NOTICE of Filing. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
June 8, 2020 Opinion or Order Filing 367 REPLY AFFIDAVIT of Steven Sessa in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION.. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit).(Sessa, Steven)
June 8, 2020 Opinion or Order Filing 366 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated June 8, 2020 re: Request for Status Conference and Discovery Conference. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- SEC 2nd Set Written Discovery to Mykalai Kontilai, #2 Exhibit 2- Mykalai Kontilai's Responses to SEC 2nd Written Discovery).(Miller, Terry)
June 8, 2020 Opinion or Order Filing 365 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06/08/2020 re: Production Deadline Extension. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 8, 2020 Opinion or Order Filing 364 AMENDED ORDER: By June 26, 2020, Defendant Collector's Coffee, Inc. and Defendant Kontilai shall file the motions, the consolidated memorandum of law for which shall not exceed thirty (30) pages; By July 24, 2020, the SEC shall file its opposition to Defendants motions, not to exceed thirty (30) pages; By August 3, 2020, Defendants shall file any reply, not to exceed fifteen (15) pages. The parties shall otherwise comply with the Court's Individual Rules in filing their motion papers. The Court's Order at Dkt. No. 352 is accordingly vacated. The SEC need not file a letter response to Defendant Kontilai's pre-motion letter at Dkt. No. 363. (As further set forth in this Order.) (Motions due by 6/26/2020., Responses due by 7/24/2020, Replies due by 8/3/2020.) (Signed by Judge Lorna G. Schofield on 6/8/2020) (cf)
June 5, 2020 Opinion or Order Filing 363 LETTER addressed to Judge Lorna G. Schofield from Steven Sessa dated June 5, 2020 re: PMC on Motion for Judgment on the Pleadings. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 5, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #362 MOTION for Brian T. Corrigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20114007. 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 California Supreme Court;. Re-file the motion as a Corrected 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.. (laq)
June 4, 2020 Opinion or Order Filing 362 MOTION for Brian T. Corrigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20114007. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Morris, Stanley)
June 4, 2020 Opinion or Order Filing 361 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6-3-2020 re: Notice of Agreed Extension of Time. Document filed by Mykalai Kontilai..(Sessa, Steven)
June 4, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Steven Sessa to RE-FILE Document #360 LETTER MOTION for Extension of Time to File Reply Briefs addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.03.2020. Use the event type Letter found under the event list Other Documents. (ldi)
June 3, 2020 Opinion or Order Filing 360 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time to File Reply Briefs addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.03.2020. Document filed by Mykalai Kontilai..(Sessa, Steven) Modified on 6/4/2020 (ldi).
June 2, 2020 Opinion or Order Filing 359 MEMO ENDORSEMENT on re: #355 LETTER addressed to Judge Lorna G. Schofield from Steven Sessa dated May 29, 2020 re: PMC request related to Docket 352 for Motion to Strike Scandalous Material. Document filed by Mykalai Kontilai. ENDORSEMENT: Defendant Kontilai's request to join the pre motion conference is denied as moot in light of this Court's Order at Dkt. No. 352. Defendant Kontilai may join Defendant Collector's Coffee Inc.'s motion to strike portions of the complaint, but any such consolidated motion shall not exceed the page limits set in this Court's Order at Dkt. No. 352. Defendant Kontilai shall file any pre-motion letter regarding his proposed motion for judgment on the pleadings no later than June 5, 2020. (Signed by Judge Lorna G. Schofield on 6/1/2020) (rjm)
June 1, 2020 Opinion or Order Filing 358 MEMORANDUM OPINION: re: #304 MOTION for Reconsideration re; #301 Order, filed by United States Securities and Exchange Commission. The SEC's motion (Docket # 304) is granted in part. The SEC shall file a brief that addresses only Kontilai's ability to withhold real property records based on the Fifth Amendment by June 8, 2020. Kontilai may file any reply by June 15, 2020. Kontilai's cross-motion (Docket # 317) is denied. On or before June 8, 2020, Kontilai shall produce all tax returns in his possession since the 2014 tax year. If he does not produce all such returns, he shall file an affidavit by June 8, 2020, describing in detail the steps that he has undertaken to obtain copies of the tax returns that he has not produced. SO ORDERED, ( Motions due by 6/8/2020., Responses due by 6/15/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/01/2020) (ama)
June 1, 2020 Opinion or Order Filing 357 ORDER: By June 19, 2020, Defendants CCI and Kontilai shall file the motion, the memorandum of law for which shall not exceed twenty (20) pages; By July 17, 2020, the Intervenor Plaintiffs shall file the opposition to Defendants motion, not to exceed twenty (20) pages; By July 27, 2020, Defendants shall file any reply, not to exceed eight (8) pages. (As further set forth in this Order.) (Motions due by 6/19/2020., Responses due by 7/17/2020, Replies due by 7/27/2020.) (Signed by Judge Lorna G. Schofield on 6/1/2020) (cf)
June 1, 2020 Opinion or Order Filing 356 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated June 1, 2020 re: Intervenor Plaintiffs' Response to Requests for Pre-Motion Conference Filed by Collector's Coffee, Inc., and Mykalai Kontilai Related to Their Desire to File Motions to Dismiss, Compel Arbitration and to Stay Dkt. No.s 351 and 354. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 30, 2020 Opinion or Order Filing 355 LETTER addressed to Judge Lorna G. Schofield from Steven Sessa dated May 29, 2020 re: PMC request related to Docket 352 for Motion to Strike Scandalous Material. Document filed by Mykalai Kontilai..(Sessa, Steven)
May 30, 2020 Opinion or Order Filing 354 LETTER addressed to Judge Lorna G. Schofield from Steven C. Sessa dated May 29, 2020 re: PMC Request for Motion to Dismiss and other relief. Document filed by Mykalai Kontilai..(Sessa, Steven)
May 29, 2020 Opinion or Order Filing 353 ANSWER to #344 Amended Complaint, with JURY DEMAND. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
May 29, 2020 Opinion or Order Filing 352 Vacated as per Judge's Order dated 6/8/2020, Doc. #364 ORDER: By June 19, 2020, Defendant Collector's Coffee, Inc. shall file its motion, the memorandum of law for which shall not exceed twenty-five (25) pages; By July 17, 2020, the SEC shall file its opposition to Defendants motion, not to exceed twenty-five (25) pages; By July 27, 2020, Defendant shall file any reply, not to exceed ten (10) pages. The parties shall otherwise comply with the Court's Individual Rules in filing their motion papers. ( Motions due by 6/19/2020., Responses due by 7/17/2020, Replies due by 7/27/2020.) (Signed by Judge Lorna G. Schofield on 5/29/2020) (cf) Modified on 6/1/2020 (cf). Modified on 6/8/2020 (cf).
May 29, 2020 Opinion or Order Filing 351 LETTER addressed to Judge Lorna G. Schofield from Stanley C. Morris dated May 29, 2020 re: Motion to Dismiss ; Motion to Compel; and Motion to Stay Holders' First Amended Complaint in Intervention. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
May 27, 2020 Opinion or Order Filing 350 RESPONSE in Opposition to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
May 27, 2020 Opinion or Order Filing 349 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated May 27, 2020 re: SEC Response to CCIs Requests for Pre-motion Conference to file Motion to Dismiss and Motion to Strike [Dkt. No. 345]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 27, 2020 Opinion or Order Filing 348 RESPONSE in Opposition to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by United States Securities and Exchange Commission..(Williams, Mark)
May 26, 2020 Opinion or Order Filing 347 RESPONSE to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 21, 2020 Opinion or Order Filing 346 MEMO ENDORSEMENT on re: #345 Letter Pre-Motion Conference filed by Collector's Coffee Inc. ENDORSEMENT: Plaintiff shall file a letter response by May 27, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 5/21/20) (yv) Modified on 5/28/2020 (yv).
May 20, 2020 Opinion or Order Filing 345 LETTER addressed to Judge Lorna G. Schofield from Stanley C. Morris dated May 20, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 20, 2020 Opinion or Order Filing 344 AMENDED COMPLAINT amending #92 Intervenor Complaint, against Collector's Coffee, Inc., DOE INDIVIDUALS 1 THROUGH 50, Inc Jackie Robinson foundation, Mykalai Kontilai, ROE CORPORATIONS 1 THROUGH 50.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #92 Intervenor Complaint,..(Schonfeld, Richard)
May 20, 2020 Opinion or Order Filing 343 MEMO ENDORSEMENT: on re: #342 Letter filed by Collector's Coffee Inc. ENDORSEMENT: Docket # 247 refers only the motions referenced as Docket # 155 and 232. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/2020) (ama)
May 20, 2020 Opinion or Order Filing 342 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 20, 2020 re: Amended Order of Reference. Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 20, 2020 Opinion or Order Filing 341 MEMO ENDORSEMENT on re: #339 Letter filed by Collector's Coffee Inc. ENDORSEMENT: This case has not been referred for dispositive motions. This application should be made to Judge Schofield and in accordance with her Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/19/2020) (js)
May 20, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard A. Schonfeld to RE-FILE Document No. #338 Amended Complaint. The filing is deficient for the following reason(s): the filing must be linked to the correct pleading being amended. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
May 19, 2020 Opinion or Order Filing 340 ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Veronica Kontilai..(Palazzo, Louis)
May 19, 2020 Opinion or Order Filing 339 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 19, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 19, 2020 Opinion or Order Filing 338 FILING ERROR - FILING ERROR - AMENDED COMPLAINT amending #334 Amended Complaint, against Collector's Coffee, Inc., DOE INDIVIDUALS 1 THROUGH 50, Inc Jackie Robinson foundation, Mykalai Kontilai, ROE CORPORATIONS 1 THROUGH 50.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #334 Amended Complaint,..(Schonfeld, Richard) Modified on 5/20/2020 (jgo).
May 18, 2020 Opinion or Order Filing 337 MEMO ENDORSEMENT on re: #328 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 13, 2020 re: Request for Pre-Motion Discovery Conference to Compel Defendant Mykalai Kontilai to Produce Written Responses. Document filed by Inc Jackie Robi nson foundation. ENDORSEMENT: At this point Kontilai has timely responded to the discovery requests even if some or all of his objections may be meritless. The Court is prepared to entertain a motion to compel that seeks a ruling on these objections, but only after the parties complete the process outlined in paragraph 2.A of the Court's Individual Practices. The Court does not see the point in ruling now on just one of Kontilai's objections (that foreign law provides Kontilai with a basis for withholding certain documents) when there is a plan to challenge other objections. As to the foreign law objection, the Court agreed with Kontilai that the reference to the objection in the response was sufficient to preserve it, particularly in light of the representation that Kontilai has made efforts to obtain a legal opinion and that a fuller response will be provided today. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/2020) (rjm)
May 18, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard A. Schonfeld to RE-FILE Document No. #334 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
May 15, 2020 Opinion or Order Filing 336 REPLY to Response to Motion re: #304 MOTION for Reconsideration re; #301 Order, . DEFENDANT MYKALAI KONTILAIS REPLY IN SUPPORT OF CROSS-MOTION FOR RECONSIDERATION. Document filed by Mykalai Kontilai..(Sessa, Steven)
May 15, 2020 Opinion or Order Filing 335 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 5/15/2020 re: Opposition to JRFs PMC Letter (D.328) for new responses to their discovery demands. Document filed by Mykalai Kontilai..(Sessa, Steven)
May 15, 2020 Opinion or Order Filing 334 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #92 Intervenor Complaint, against SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #92 Intervenor Complaint,..(Schonfeld, Richard) Modified on 5/18/2020 (jgo).
May 15, 2020 Opinion or Order Filing 333 ORDER: granting #309 Motion for Leave to File Document. Accordingly, the Holder's motion for leave to file an amended complaint in intervention (Docket # 309) is granted. The Holders shall file the proposed amended complaint on or before May 22, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/15/2020) (ama)
May 15, 2020 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 5/22/2020. (ama)
May 13, 2020 Opinion or Order Filing 332 REPLY MEMORANDUM OF LAW in Support re: #304 MOTION for Reconsideration re; #301 Order, . and Opposition to Defendant's Cross Motion for Reconsideration. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
May 13, 2020 Opinion or Order Filing 331 MEMORANDUM OF LAW in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by Mykalai Kontilai..(Sessa, Steven)
May 13, 2020 Opinion or Order Filing 330 DECLARATION of Steven Sessa in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Liu v. SEC, #2 Exhibit Amicus Brief).(Sessa, Steven)
May 13, 2020 Opinion or Order Filing 329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. Document filed by Mykalai Kontilai. (Attachments: #1 Text of Proposed Order).(Sessa, Steven)
May 13, 2020 Opinion or Order Filing 328 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 13, 2020 re: Request for Pre-Motion Discovery Conference to Compel Defendant Mykalai Kontilai to Produce Written Responses. Document filed by Inc Jackie Robinson foundation. (Attachments: #1 Exhibit A - Intervenor-Defendant Mykalai Kontilai's Response to Intervenor-Defendant The Jackie Robinson Foundation's First Set of Requests for Production of Documents, #2 Exhibit B - Intervenor-Defendant Mykalai Kontilai's Response to Intervenor-Co-Defendant's First Set of Interrogatories).(Spitzer, Seth)
May 12, 2020 Opinion or Order Filing 327 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. The Court will retain jurisdiction to enforce and/or to modify this Protective Order. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/2020) (ama)
May 12, 2020 Opinion or Order Filing 326 ORDER: Accordingly, the Court is endorsing the confidentiality order with the disputed provision. The Court is deleting paragraph 11.c, however, as it is inconsistent with this Court's Individual Practices. The Court has substituted the following provision: "If agreement still cannot be reached, the party seeking protection or any other aggrieved party shall promptly make an application compliant with paragraph 2.A of the Court's Individual Practices to resolve the dispute." And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/2020) (ama)
May 12, 2020 Opinion or Order Filing 325 REPLY to Response to Motion re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 11, 2020 Opinion or Order Filing 324 MEMORANDUM OF LAW in Opposition re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1).(Morris, Stanley)
May 11, 2020 Opinion or Order Filing 323 RESPONSE in Opposition to Motion re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Mykalai Kontilai..(Sessa, Steven)
May 7, 2020 Opinion or Order Filing 322 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated May 7, 2020 re: SEC Reply to Letters regarding Application for Protective Order (Doc. # 316, 319, 320). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Miller, Terry)
May 7, 2020 Opinion or Order Filing 321 MEMO ENDORSEMENT on re: #303 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated April 28, 2020 re: Request for Pre-Motion Discovery Conference. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: In light of defendant's assertion that a response would be made by May 4, 2020 (Docket # 307), the Court assumes this matter is resolved. If it is not, the parties should consult and a new letter may be sent. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/7/2020) (rjm)
May 6, 2020 Opinion or Order Filing 320 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 05.06.2020 re: Response to Application for Protective Order. Document filed by Mykalai Kontilai..(Sessa, Steven)
May 6, 2020 Opinion or Order Filing 319 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated May 6, 2020 re: Position on Jackie Robinson Foundation Application For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)
May 6, 2020 Opinion or Order Filing 318 MEMORANDUM OF LAW in Opposition re: #304 MOTION for Reconsideration re; #301 Order, . . Document filed by Mykalai Kontilai..(Sessa, Steven)
May 6, 2020 Opinion or Order Filing 317 NOTICE of CROSS-MOTION FOR RECONSIDERATION. Document filed by Mykalai Kontilai..(Sessa, Steven)
May 5, 2020 Opinion or Order Filing 316 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 5, 2020 re: Protective Order. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Morris, Stanley)
May 5, 2020 Opinion or Order Filing 315 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 5, 2020 re: Protective Order. Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 5, 2020 Opinion or Order Filing 314 MEMO ENDORSEMENT on re: #313 Letter filed by Mykalai Kontilai. ENDORSEMENT: The deadline to comply with the Order dated April 24, 2020, is adjourned until 14 days after the disposition of the defendant's expected cross-motion for reconsideration, provided defendant's motion is filed by May 8, 2020. SO ORDERED., ( Motions due by 5/8/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/05/2020) (ama)
May 5, 2020 Opinion or Order Filing 313 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 05.05.2020 re: Request for Extension of May 6th Deadline. Document filed by Mykalai Kontilai..(Alva, Curtis)
May 4, 2020 Opinion or Order Filing 312 MEMO ENDORSEMENT: on re: #308 Letter filed by Inc Jackie Robinson foundation. ENDORSEMENT: The Government has already stated its position as to the disputed provision (Docket # 311). Any other party wishing to state its position shall file a letter by May 6, 2020. Any party may respond to a previously-filed letter by May 8, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/04/2020) (ama)
May 1, 2020 Opinion or Order Filing 311 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated May 1, 2020 re: SEC Response to Application for Protection Order (Doc. # 308). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 1, 2020 Opinion or Order Filing 310 MEMORANDUM OF LAW in Support re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Exhibit 1).(Schonfeld, Richard)
May 1, 2020 Opinion or Order Filing 309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 1, 2020 Opinion or Order Filing 308 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 1, 2020 re: request for a pre-motion conference in regard to a proposed protective order. Document filed by Inc Jackie Robinson foundation. (Attachments: #1 Exhibit A - Protective Order).(Spitzer, Seth)
April 30, 2020 Opinion or Order Filing 307 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04.30.2020 re: Opposition to Holders' request for Pre-Motion Discovery Conference. Document filed by Mykalai Kontilai..(Alva, Curtis)
April 30, 2020 Opinion or Order Filing 306 MEMO ENDORSEMENT: on re: #305 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The Court's pre-motion conference requirement is waived. The briefing schedule on the motion shall be in accordance with paragraph 2.B of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/30/2020) (ama)
April 30, 2020 Opinion or Order Filing 305 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated April 30, 2020 re: Request for Pre-Motion Conference Related to Intervenor Plaintiffs Request for Leave to File First Amended Complaint in Intervention. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
April 30, 2020 Opinion or Order Terminate Transcript Deadlines (ama)
April 29, 2020 Opinion or Order Filing 304 MOTION for Reconsideration re; #301 Order, . Document filed by United States Securities and Exchange Commission..(Williams, Mark)
April 29, 2020 Opinion or Order Filing 303 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated April 28, 2020 re: Request for Pre-Motion Discovery Conference. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
April 27, 2020 Opinion or Order Filing 302 ORDER: Kontilai is ordered to respond by May 6, 2020, to all discovery requests originally served by the Dodgers with the understanding that JRF now stands in the shoes of the Dodgers with respect to those requests. This resolves Docket # 294. The Holders' request in Docket # 297 is denied without prejudice to a new application (from either the Holders or Kontilai) that complies with paragraph 2.A of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/27/2020) (ama)
April 24, 2020 Opinion or Order Filing 301 ORDER: On or before May 6, 2019, Kontilai shall produce all tax returns in his possession since the 2014 tax year. If he does not produce all such returns, he shall file an affidavit by May 6, 2020, describing in detail the steps that he has undertaken to obtain copies of the tax returns that he has not produced. The remainder of the SEC's application is denied. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/24/2020) (ama)
April 23, 2020 Opinion or Order Filing 300 STIPULATED PROTECTIVE ORDER RE: SUBPOENAS TO FORMER COUNSEL:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/23/2020) (ama)
April 23, 2020 Opinion or Order Filing 299 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated April 23, 2020 re: Proposed Protective Order re Former Counsel. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit Proposed Order).(Morris, Stanley)
April 22, 2020 Opinion or Order Filing 298 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04/22/2020 re: Opposition to PCM Letter on Discovery by Holders. Document filed by Mykalai Kontilai..(Alva, Curtis)
April 21, 2020 Opinion or Order Filing 297 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated 04/21/2020 re: Request for Pre-Motion Discovery Conference. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
April 20, 2020 Opinion or Order Filing 296 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04/20/2020 re: Opposition to PCM Letter on Discovery by JRF. Document filed by Mykalai Kontilai..(Alva, Curtis)
April 17, 2020 Opinion or Order Filing 295 NOTICE OF APPEARANCE by Stanley Charles Morris on behalf of Collector's Coffee Inc...(Morris, Stanley)
April 16, 2020 Opinion or Order Filing 294 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated April 16, 2020 re: request for pre-motion discovery conference to compel discovery responses. Document filed by Inc Jackie Robinson foundation..(Spitzer, Seth)
April 16, 2020 Opinion or Order Filing 293 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 4.16.2020 re: Formal Sur-reply in Opposition to SEC's Request to Produce Certain Documents. Document filed by Mykalai Kontilai..(Alva, Curtis)
April 15, 2020 Opinion or Order Filing 292 MEMO ENDORSEMENT on re: #290 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied without prejudice to renewal following a thorough discussion of the issue with all relevant parties to see if a resolution can be reached. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/15/2020) (va)
April 15, 2020 Opinion or Order Filing 291 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated 04/15/2020 re: Response to ECF Dkt. 290. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
April 14, 2020 Opinion or Order Filing 290 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04/14/2020 re: PMC Request for Motion in Intervention Action. Document filed by Mykalai Kontilai..(Alva, Curtis)
April 10, 2020 Opinion or Order Filing 289 NOTICE of PLAINTIFF'S REPLY IN SUPPORT OF ITS APPLICATION FOR AN ORDER COMPELLING PRODUCTION OF TAX AND REAL PROPERTY RECORDS re: #274 Letter,. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A- SEC's Amended 1st Request for Discovery, #2 Exhibit B- Def. Kontilai's Response to Amended 1st Request for Discovery).(Williams, Mark)
April 9, 2020 Opinion or Order Filing 288 ACKNOWLEDGMENT OF SERVICE of Subpoena served on The Los Angeles Dodgers, LLC on April 9, 2020. Service was accepted by Seth E. Spitzer, Esq.. Service was made by Electronic Service. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
April 8, 2020 Opinion or Order Filing 287 NOTICE Subpoena Duces Tecum as to The Los Angeles Dodgers, LLC document(s): "See Attached" on May 15, 2020 at 9:00 am.Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
April 8, 2020 Opinion or Order Filing 286 NOTICE OF APPEARANCE by Cristina Isabel Calvar on behalf of Inc Jackie Robinson foundation..(Calvar, Cristina)
April 8, 2020 Opinion or Order Filing 285 NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Inc Jackie Robinson foundation..(Spitzer, Seth)
April 8, 2020 Opinion or Order Filing 284 NOTICE OF APPEARANCE by Michael P. Roche on behalf of Inc Jackie Robinson foundation..(Roche, Michael)
April 8, 2020 Opinion or Order Filing 283 NOTICE OF APPEARANCE by Dan K. Webb on behalf of Inc Jackie Robinson foundation..(Webb, Dan)
April 6, 2020 Opinion or Order Filing 282 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04.06.2020 re: Formal Memorandum of Law in Opposition to SEC's Request to Produce Certain Documents. Document filed by Mykalai Kontilai..(Alva, Curtis)
April 1, 2020 Opinion or Order Filing 281 ORDER: #230 REPORT AND RECOMMENDATION: re: #178 Motion to Substitute Party filed by Los Angeles Dodgers LLC. It is hereby ORDERED that the Report and Recommendation is ADOPTED in its entirety as the opinion of the Court. For the reasons stated in the Report and Recommendation, the Dodgers; motion is GRANTED and the Jackie Robinson Foundation, Inc. shall be substituted as an intervenor-defendant in place of the Dodgers. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 178. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/1/2020) (cf) Modified on 4/21/2020 (cf).
March 30, 2020 Opinion or Order Filing 280 ORDER: Accordingly, Mr. Kontilai's opposition papers shall be filed on or before April 6, 2020. Any reply is due April 13, 2020. SO ORDERED. ( Responses due by 4/6/2020, Replies due by 4/13/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2020) (va)
March 24, 2020 Opinion or Order Filing 279 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 03.24.2020 re: 5th Amendment Issue. Document filed by Mykalai Kontilai..(Alva, Curtis)
March 24, 2020 Opinion or Order Filing 278 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated March 24, 2020 re: Reply In Support of SEC Letter at Dkt No. 274 and In Response to Letter at Dkt. No. 276. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
March 21, 2020 Opinion or Order Filing 277 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03.20.2020 re: Response to SEC's Application for Pre-Motion Discovery Conference. Document filed by Mykalai Kontilai..(Alva, Curtis)
March 20, 2020 Opinion or Order Filing 276 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 3.20.2020., LETTER MOTION for Conference re: #274 Letter, Pre-Motion Discovery Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 3.20.2020. Document filed by Mykalai Kontilai..(Alva, Curtis)
March 19, 2020 Opinion or Order Filing 275 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated 03/19/2020 re: Response to Defendant's Request for Emergency Relief and Pre-Motion Conference Regarding Stay. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
March 19, 2020 Opinion or Order Filing 274 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 19, 2020 re: SEC's Application for Pre-Motion Discovery Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 19, 2020 Opinion or Order Filing 273 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated March 19, 2020 re: Defendant CCI's request for pre-motion conference to a stay of case. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
March 19, 2020 Opinion or Order Filing 272 MEMO ENDORSEMENT: on re: #268 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Application denied. Motions to strike defenses are "generally disfavored." Sibley v. Choice Hotels Intern., Inc., 304 F.R.D. 125, 132 (E.D.N.Y. 2015). Unless, at some future date, the presence of those defenses is materially affecting the plaintiff's discovery obligations, this motion should await the filing of summary judgment motions at the end of discovery. If the defendant does not raise the defenses in summary judgment briefing, it may not be necessary to move to strike at all. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2020) (ama)
March 19, 2020 Opinion or Order Filing 271 MEMO ENDORSEMENT: on re: #270 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Denied without prejudice. This letter does not comply with paragraph 2.A of the Court's Individual Practices. Please reread that paragraph. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2020) (ama)
March 18, 2020 Opinion or Order Filing 270 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 18, 2020 re: SEC's Application for Pre-Motion Discovery Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 18, 2020 Opinion or Order Filing 269 ORDER granting in part #267 Letter Motion for Extension of Time. The agreed upon forms of relief are acceptable to the Court. The Court will await the Government's response before ruling on the remainder of the requests. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
March 18, 2020 Opinion or Order Filing 268 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated March 18, 2020 re: Request for Pre-Motion Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 18, 2020 Opinion or Order Filing 267 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated Mach 18, 2020. Document filed by Collector's Coffee Inc...(Morris, Stanley)
March 17, 2020