United States Securities and Exchange Commission v. Collector's Coffee Inc. et al
| United States Securities and Exchange Commission |
| Mykalai Kontilai, Colletor's Coffee Inc., Collector's Coffee Inc. and Collector's Coffee Inc. doing business as Collectors Cafe |
| Debevoise & Plimpton LLP and Timothy Dennin |
| Veronica Kontilai |
| Los Angeles Dodgers LLC, Collector's Coffee, Inc., Doe Individuals 1 thorugh 50, Roe Corporations 1 through 50 and Jackie Robinson Foundation, Inc. |
| SDJ Investments, LLC, Adobe Investments, LLC and Darren Sivertsen |
| Curtis Alva, Steven C Sessa, William J. Leone, Andrew Ceresney, John Culotta and David Clyde Chapman |
| Gail Herman-Holt |
| 1:2019cv04355 |
| May 14, 2019 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Victor Marrero |
| Lorna G Schofield |
| Securities/Commodities |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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Filing 991
Objection re: #988 Report and Recommendations,,, Objection Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Hansel, Cary)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 970
MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 962
OPPOSITION BRIEF re: #344 Amended Complaint, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #949 Notice of Interlocutory Appeal..(nd)
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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)
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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)
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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).
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***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).
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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)
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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)
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Filing 945
ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Collector's Coffee Inc...(Morris, Stanley)
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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)
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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)
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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)
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Filing 941
MOTION for GEORGE LAMBERT to Withdraw as Attorney of MYKALAI KONTILAI. Document filed by Mykalai Kontilai..(Lambert, George)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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Filing 926
OBJECTION to #918 Report and Recommendations Document filed by Collector's Coffee Inc...(Morris, Stanley)
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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)
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Filing 924
MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #912 Notice of Interlocutory Appeal. (tp)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 903
BRIEF re: #890 Report and Recommendations,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 893
AFFIDAVIT OF SERVICE of email served on David Clyde Chapman on 4.16.21. Document filed by Mykalai Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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Filing 883
NOTICE OF APPEARANCE by Jay V. Surgent on behalf of David Clyde Chapman..(Surgent, Jay)
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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)
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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)
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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)
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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)
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Filing 878
AFFIDAVIT OF SERVICE of Doc. 877 served on David Clyde Chapman on 4.13.21. Document filed by Mykalai Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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Filing 872
MOTION to Compel John Culotta to answer deposition questions . Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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Filing 869
RESPONSE re: #849 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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Filing 868
REPLY MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 867
RESPONSE TO ORDER TO SHOW CAUSE re: #844 Order to Show Cause,,,,. Document filed by Mykalai Kontilai..(Lambert, George)
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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)
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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)
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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)
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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)
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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)
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Filing 861
BRIEF re: #836 Order on Motion to Quash, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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Filing 858
MOTION for Reconsideration re; #836 Order on Motion to Quash, . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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Filing 852
MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 851
MOTION to Withdraw Deemed Admissions. Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 850
Objection re: #823 Order on Motion for Reconsideration,,, corrects Doc. 849. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
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Filing 849
Objection re: #823 Order on Motion for Reconsideration,,, . Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 832
NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Andrew Ceresney..(Butswinkas, Dane)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 824
BRIEF re: #803 Order to Show Cause,, to Strike Defendants' 19th and 20th Affirmative Defenses. Document filed by Timothy Dennin..(Skoczen, Christopher)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Motions due by 3/22/2021. (mml)
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Filing 819
MEMORANDUM OF LAW . Document filed by Mykalai Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Replies due by 3/12/2021. Show Cause Response due by 3/5/2021. (kv)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 798
NOTICE OF APPEARANCE by Mehreen Hayat on behalf of Timothy Dennin..(Hayat, Mehreen)
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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)
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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)
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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)
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Filing 794
MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 793
MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #787 Amended Notice of Appeal. (tp)
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Filing 787
AMENDED NOTICE OF APPEAL re: #663 Notice of Interlocutory Appeal, #769 Order,,,,. Document filed by Mykalai Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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Filing 783
RESPONSE re: #769 Order,,,, Regarding TRO Dkt # 12. Document filed by Collector's Coffee Inc...(Morris, Stanley)
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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)
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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)
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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)
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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)
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Filing 778
Objection re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
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Filing 777
OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
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Filing 776
OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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Filing 772
LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Veronica Kontilai dated 1.27.21 Document filed by Veronica Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 761
NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Timothy Dennin..(Skoczen, Christopher)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Deposition due by 3/5/2021. (ama)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 742
MEMORANDUM OF LAW in Opposition re: #715 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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Filing 740
MEMORANDUM OF LAW in Opposition re: #733 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 733
Objection re: #713 Order on Motion to Stay,,, . Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 732
BRIEF re: #722 Brief RESPONSE TO PLAINTIFF SECS POST-HEARING BRIEF. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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Filing 723
BRIEF Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 715
Objection re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)
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Filing 714
BRIEF re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)
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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)
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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)
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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).
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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)
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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)
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NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Lorna G. Schofield is no longer assigned to the case..(wb)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held and concluded on 12/8/2020. (rch)
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Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held on 12/7/2020. (rch)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 702
REPLY MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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Filing 698
JOINDER to join re: #697 Opposition Brief, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 691
NOTICE of Additional Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kontilai Deposition Designations).(Heim, Robert)
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Filing 690
NOTICE of Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Gail Holt Deposition).(Heim, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 670
NOTICE of Errata re: #647 Trial Brief. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Trial Brief).(Heim, Robert)
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Filing 669
NOTICE of Errata re: #646 Proposed Findings of Fact. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Proposed Findings).(Heim, Robert)
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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)
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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)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #663 Notice of Interlocutory Appeal. (tp)
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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)
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Filing 666
Exhibit List Amended. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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Filing 662
Objection re: #655 Order, . Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 647
TRIAL BRIEF . Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 646
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
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Filing 645
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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Filing 642
AFFIDAVIT of MYKALAI KONTILAI re: #609 Order,,,,,,,,,,,,,,, dated October 30, 2020. Document filed by Mykalai Kontilai..(Lambert, George)
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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)
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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)
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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)
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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)
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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)
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Filing 636
MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)
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Filing 635
MOTION to Stay Pending Criminal Proceedings. Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 626
TRIAL BRIEF re Contempt Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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Set/Reset Deadlines: Discovery due by 1/20/2021. (ama)
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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)
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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)
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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)
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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)
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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)
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Filing 618
Objection re: #594 Order,, #605 Appeal of Magistrate Judge Decision to District Court . Document filed by Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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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)
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Filing 614
MOTION for Protective Order and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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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)
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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)
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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)
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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)
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***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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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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)
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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)
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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).
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>>>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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 584
NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Mykalai Kontilai..(Heim, Robert)
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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)
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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)
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>>>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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 554
MOTION to Compel Securities and Exchange Commission to Produce. Document filed by Collector's Coffee Inc...(Morris, Stanley)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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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)
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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)
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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)
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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)
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Filing 540
FIRST MOTION for T. Louis Palazzo to Withdraw as Attorney For Relief Defendant Veronica Kontilai. Document filed by Veronica Kontilai..(Palazzo, Louis)
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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)
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>>>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)
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Filing 538
NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Veronica Kontilai..(Joseph, Peter)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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Filing 527
NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Mykalai Kontilai..(Joseph, Peter)
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>>>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)
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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)
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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)
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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)
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Filing 523
FOURTH MOTION for Curtis S. Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Alva, Curtis)
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Filing 522
FOURTH MOTION for Steven C. Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Sessa, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 503
PROPOSED STIPULATION AND ORDER. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Subpoena Duces Tecum).(Morris, Stanley)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 489
FIRST MOTION for Reconsideration of Motion For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)
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Filing 488
NOTICE of Motion For Reconsideration of Motion For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Deposition due by 8/10/2020. (ama)
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Filing 468
SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
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Filing 467
SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)
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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)
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Filing 466
AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)
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Filing 465
AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
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Filing 464
AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
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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)
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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)
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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)
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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)
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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)
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Filing 458
MOTION for Curtis Alva to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)
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Filing 457
MOTION for Steven C. Sessa to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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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)
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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)
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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)
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Filing 444
NOTICE of filing Motion For Protective Order and Application To File Exhibit Under Seal. Document filed by Veronica Kontilai..(Palazzo, Louis)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 414
MOTION for Sanctions and Order Finding Contempt. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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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)
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>>>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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 398
MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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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).
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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)
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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)
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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)
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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)
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Filing 368
NOTICE of Filing. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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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)
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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)
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***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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 353
ANSWER to #344 Amended Complaint, with JURY DEMAND. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
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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).
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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)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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***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)
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Filing 340
ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Veronica Kontilai..(Palazzo, Louis)
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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)
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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).
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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)
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***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)
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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)
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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)
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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).
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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)
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Set/Reset Deadlines: Amended Pleadings due by 5/22/2020. (ama)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 318
MEMORANDUM OF LAW in Opposition re: #304 MOTION for Reconsideration re; #301 Order, . . Document filed by Mykalai Kontilai..(Sessa, Steven)
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Filing 317
NOTICE of CROSS-MOTION FOR RECONSIDERATION. Document filed by Mykalai Kontilai..(Sessa, Steven)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Terminate Transcript Deadlines (ama)
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Filing 304
MOTION for Reconsideration re; #301 Order, . Document filed by United States Securities and Exchange Commission..(Williams, Mark)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 295
NOTICE OF APPEARANCE by Stanley Charles Morris on behalf of Collector's Coffee Inc...(Morris, Stanley)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 286
NOTICE OF APPEARANCE by Cristina Isabel Calvar on behalf of Inc Jackie Robinson foundation..(Calvar, Cristina)
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Filing 285
NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Inc Jackie Robinson foundation..(Spitzer, Seth)
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Filing 284
NOTICE OF APPEARANCE by Michael P. Roche on behalf of Inc Jackie Robinson foundation..(Roche, Michael)
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Filing 283
NOTICE OF APPEARANCE by Dan K. Webb on behalf of Inc Jackie Robinson foundation..(Webb, Dan)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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