United States Securities and Exchange Commission v. Collector's Coffee Inc. et al

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

Date Filed	Document Text
February 24, 2022	Filing 991 Objection re: #988 Report and Recommendations,,, Objection Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Hansel, Cary)
February 23, 2022	Filing 990 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated February 23, 2022 re: Notice of Fully Submitted Motion ( #984 JRF's Motion for Leave to Amend Its Answer to Assert a Counterclaim Against CCI). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
February 23, 2022	Filing 989 REPLY MEMORANDUM OF LAW in Support re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
February 10, 2022	Filing 988 REPORT AND RECOMMENDATION COMBINED WITH OPINION AND ORDER: re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION filed by United States Securities and Exchange Commission. Kontilai's motion to clarify the terms of the asset freeze (Docket # 958) is granted to the extent stated above. As to the SEC's motion to enforce the asset freeze (Docket # 970), we recommend that the motion be granted in part and denied in part as set forth above. Once a ruling is made by the district judge on the motion to enforce, the parties are directed to attempt to agree on the specific terms of an order to effectuate the ruling. The parties shall submit an agreed-upon order (or, if they cannot agree, separate proposed versions) within 7 days of that ruling. Objections to R&R due by 2/24/2022 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2022) (ama)
February 4, 2022	Filing 987 NOTICE of Collector's Coffee, Inc.'s Notice of Errata Regarding Omission of Exhibit 1 to the Opposition of Intervenor-Defendants, The Jackie Robinson Foundation, Inc.'s Motion for Leave to Amend its Answer to Assert a Cross-Claim Against Collector's Coffee, Inc. at Court Document Number 986 re: #986 Memorandum of Law in Opposition to Motion,. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1 Second Circuit Court of Appeal Brief).(Morris, Stanley)
February 2, 2022	Filing 986 MEMORANDUM OF LAW in Opposition re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Collector's Coffee, Inc...(Morris, Stanley)
January 12, 2022	Filing 985 MEMORANDUM OF LAW in Support re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit A - [Proposed] Amended Answer to the Holders' Amended Complaint in Intervention).(Spitzer, Seth)
January 12, 2022	Filing 984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
December 29, 2021	Filing 983 MEMO ENDORSEMENT: on re: #980 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed by January 12, 2022. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. So Ordered., ( Motions due by 1/12/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/2021) (ama)
December 29, 2021	Filing 982 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated December 29, 2021 re: Request for a pre-motion conference regarding JRF's anticipated motion for leave to amend its answer. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
December 28, 2021	Filing 981 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris, Esq. dated December 28, 2021 re: Response to Jackie Robinson Foundation Letter at Docket #980. Document filed by Collector's Coffee, Inc...(Corrigan, Brian)
December 27, 2021	Filing 980 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated December 27, 2021 re: Request for leave to amend answer to assert a crossclaim against Collectors Coffee, Inc. in the Intervenor Action. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s [Proposed] Crossclaim).(Spitzer, Seth)
December 3, 2021	Filing 979 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated December 3, 2021 re: Notice of Fully Submitted Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 3, 2021	Filing 978 REPLY MEMORANDUM OF LAW in Support re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1-Deposition Excerpts).(Miller, Terry)
November 19, 2021	Filing 977 MEMORANDUM OF LAW in Opposition re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Hansel, Cary)
November 17, 2021	Filing 976 DECISION AND ORDER: Accordingly, for the reasons stated above, it is hereby ORDERED that the motion of the plaintiff Securities and Exchange Commission for summary judgment on Count Five of the First Amended Complaint (Dkt. No. 134) is GRANTED, and it is further ORDERED that the motions of the Defendants Mykalai Kontilai and Collector's Coffee Inc. for summary judgment of on Count Five of the First Amended Complaint are DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 11/17/2021) (js)
November 3, 2021	Filing 975 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated November 3, 2021 re: Defendant Collector's Coffee, Inc.'s Notice of Submitted Briefs. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
November 3, 2021	Filing 974 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Reply to Opposition of Jackie Robinson Foundation to Motion to Dismiss Second Cause of Action. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
November 3, 2021	Filing 973 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 3, 2021 re: Notice of Errata. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 1, 2021	Filing 972 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Reply to Opposition of Non-Party Securities and Exchange Commission. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
October 29, 2021	Filing 971 MEMORANDUM OF LAW in Support re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Engagement Letter, #2 Exhibit 2- Email, #3 Exhibit 3- Deposition Excerpts, #4 Exhibit 4- Letter).(Miller, Terry)
October 29, 2021	Filing 970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 28, 2021	Filing 969 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mykalai Kontilai dated October 28, 2021 re: Legal Malpractice Claim. Document filed by Mykalai Kontilai..(Hansel, Cary)
October 27, 2021	Filing 968 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. to Intervenor -Plaintiffs' Opposition. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
October 20, 2021	Filing 967 MEMORANDUM OF LAW in Opposition re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
October 18, 2021	Filing 966 MEMORANDUM OF LAW in Opposition re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 15, 2021	Filing 965 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Defendant Mykalai Kontilai dated October 15, 2021 re: Notice of Submitted Briefs. Document filed by Mykalai Kontilai..(Hansel, Cary)
October 15, 2021	Filing 964 REPLY to Response to Motion re: #958 MOTION for clarification of the terms of the asset freeze . . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Hansel, Cary)
October 13, 2021	Filing 963 MEMORANDUM OF LAW in Opposition re: #962 Opposition Brief Memorandum of Law in Support of Intervenor Plaintiffs SDJ Investments, LLC, Adobe Investments, LLC, and Darren Siversten, Trustee of the Siversten Family Trust U/A/D/ 10/01/2002 Opposition to Collector's Coffee, Inc.'s Motion to Dismiss the Second Cause of Action of Intervenor's First Amended Complaint [DE 344] for Failure to Name Collector's Coffee, Inc., an Indispensable Party. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
October 12, 2021	Filing 962 OPPOSITION BRIEF re: #344 Amended Complaint, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
October 8, 2021	Filing 961 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated October 8, 2021 re: Response to Motion to Clarify Temporary Restraining Order (Doc. # 958). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 5, 2021	Filing 960 MEMO ENDORSEMENT: on re: #959 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The pre-motion conference requirement for the SEC's proposed motion is waived. The briefing schedule shall be in accordance with paragraph 2.B of the Court's Individual Practices. The request for a conference to "narrow" or "eliminate" the need for defendant's previously-filed motion to clarify is denied. The Court has already stated its view in the context of the contempt motion that "the right to file a lawsuit" that "accrue[s] prior to the entry of the TRO... necessarily comes within the definition of 'asset' in the TRO." (Docket # 767 at 25). The Court does not see how a conference in which the Court repeats this conclusion is of any utility. If the SEC believes that it can successfully oppose the motion to clarify simply by citation to this statement, it is welcome to respond to the motion to clarify with a brief letter if it wishes. So Ordered. Motions terminated: #958 MOTION for clarification of the terms of the asset freeze filed by Mykalai Kontilai. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2021) (ama) Modified on 10/8/2021 (cf).
October 4, 2021	Filing 959 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 4, 2021 re: Request for Leave to File Expanded Motion to Enforce Asset Freeze. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 1, 2021	Filing 958 MOTION for clarification of the terms of the asset freeze . Document filed by Mykalai Kontilai. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N).(Hansel, Cary)
September 30, 2021	Filing 957 DECLARATION of Brian T. Corrigan in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party.. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1 Scott Konop Deposition Excerpt, #2 Exhibit 2 Leigh Nathanson Deposition Excerpt and Exhibits, #3 Exhibit 3 Peter Siegel Deposition Excerpt and Exhibits, #4 Exhibit 4 Della Britton Deposition Excerpt and Exhibits, #5 Exhibit 5 Mark Langill 30(b)(6) Witness Deposition Excerpt and Exhibit).(Morris, Stanley)
September 30, 2021	Filing 956 MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by Collector's Coffee, Inc...(Morris, Stanley)
September 30, 2021	Filing 955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Document filed by Collector's Coffee, Inc.. Responses due by 10/21/2021.(Morris, Stanley)
September 22, 2021	Filing 954 MEMO ENDORSEMENT on re: #953 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: No objection having been raised, the application is granted. The expert deposition deadline and the deadline for summary judgment motions are adjourned pending resolution of the expected motion to dismiss. The parties shall propose a new schedule within 7 days of the decision on the motion to dismiss. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/22/2021) (tg)
September 21, 2021	Filing 953 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein dated September 21, 2021 re: Request for a Stay of the Expert Discovery Deadlines in the Intervenor Action. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
September 14, 2021	Filing 952 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. Particular Motion: Motion proposed at Dkt. No. 950.The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636(c), all such communications shall be addressed solely to the Magistrate Judge. So Ordered. (Signed by Judge Victor Marrero on 9/14/2021) (js) Modified on 9/14/2021 (js).
September 14, 2021	Filing 951 MEMO ENDORSEMENT: on re: #950 Letter filed by Collector's Coffee, Inc. ENDORSEMENT: The pre-motion conference is waived. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. CCI should accommodate the non-moving parties' reasonable proposals as to the briefing schedule. The proposal set forth by the non-moving parties in this letter is obviously reasonable. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/14/2021) (ama)
September 14, 2021	Filing 950 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated September 14, 2021 re: Pre-Motion Conference and Pre-Motion Approval Re Motion to Dismiss Count II of Intervenor's First Amended Complaint. Document filed by Collector's Coffee, Inc...(Morris, Stanley)
August 26, 2021	Appeal Fee Paid electronically via Pay.gov: for #949 Notice of Interlocutory Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-24977772, paid on 8/25/2021..(nd)
August 26, 2021	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #949 Notice of Interlocutory Appeal..(nd)
August 26, 2021	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #949 Notice of Interlocutory Appeal filed by Collector's Coffee, Inc. were transmitted to the U.S. Court of Appeals..(nd)
August 25, 2021	Filing 949 NOTICE OF INTERLOCUTORY APPEAL from #943 Order Adopting Report and Recommendations,,. Document filed by Collector's Coffee, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Morris, Stanley)
August 25, 2021	Filing 948 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF APPEAL from #943 Order Adopting Report and Recommendations,,. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc.. Filing fee $ 505.00, receipt number ANYSDC-24977772. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Morris, Stanley) Modified on 8/25/2021 (nd).
August 25, 2021	***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Morris, Stanley to RE-FILE Document No. #948 Notice of Appeal by Collectors Coffee, Inc.. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal;. Re-file the appeal using the event type Notice of Interlocutory Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. DISREGARD THE FILING FEE SCREEN. (nd) Modified on 8/25/2021 (nd).
August 6, 2021	Filing 947 MEMO ENDORSEMENT: on re: #946 Letter, filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The proposed schedule is approved. SO ORDERED., ( Deposition due by 10/22/2021., Motions due by 11/5/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/06/2021) (ama)
August 6, 2021	Filing 946 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 6, 2021 re: Lifting Interim Stay of Discovery in the Intervenor Case and Setting Expert Discovery Deadlines. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 5, 2021	Filing 945 ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Collector's Coffee Inc...(Morris, Stanley)
August 5, 2021	Filing 944 OPINION AND ORDER re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion, filed by United States Securities and Exchange Commission. For the foregoing reasons, plaintiff's motion to exclude the testimony of Bennett Gershman (Docket # 924) is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/5/2021) (va)
July 30, 2021	Filing 943 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #890 Report and Recommendations. For the reasons stated above, it is hereby ORDERED that the Report and Recommendation of Magistrate Judge Gabriel Gorenstein (Dkt. No. 890) is adopted as the Court's decision in its entirety, and it is further ORDERED that the objections of CCI, Kontilai, and the Jackie Robinson Foundation (Dkt. Nos. 903, 904, 905) to Magistrate Judge Gorenstein's Report and Recommendation are DENIED. So Ordered (Signed by Judge Victor Marrero on 7/30/2021) (js)
July 23, 2021	Filing 942 MEMO ENDORSEMENT denying without prejudice #941 Motion to Withdraw as Attorney. ENDORSEMENT: Application denied without prejudice to an application that states definitively whether or not the applicant is asserting a retaining or charging lien. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2021) (vfr)
July 22, 2021	Filing 941 MOTION for GEORGE LAMBERT to Withdraw as Attorney of MYKALAI KONTILAI. Document filed by Mykalai Kontilai..(Lambert, George)
July 21, 2021	Filing 940 DECISION AND ORDER re: #918 Report and Recommendations. For the reasons stated above, it is hereby ORDERED that, substantially for the reasons set forth in the Report and Recommendation of Magistrate Judge Gabriel Gorenstein ("R&R," Dkt. No. 918), the Court adopts the R&R in its entirety as the Court's decision on this matter, and it is further ORDERED that Defendants' objections to the R&R (Dkt. Nos. 922, 926) are DENIED. So Ordered. (Signed by Judge Victor Marrero on 7/21/2021) (js)
July 2, 2021	Filing 939 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 2, 2021 re: Notice of Fully Submitted Motion, Doc. # 924-925. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 1, 2021	Filing 938 LETTER addressed to Judge Victor Marrero from Stanley Morris dated July 1, 2021 re: Summary Judgment Record. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stock Purchase Agreement, #2 Exhibit 2 Confidential Settlement Agreement, #3 Exhibit 3 SEC Interrogatory Responses).(Morris, Stanley)
July 1, 2021	Filing 937 REPLY MEMORANDUM OF LAW in Support re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
July 1, 2021	Filing 936 MANDATE of USCA (Certified Copy) as to #663 Notice of Interlocutory Appeal, filed by Mykalai Kontilai, #912 Notice of Interlocutory Appeal, filed by Mykalai Kontilai, #787 Amended Notice of Appeal filed by Mykalai Kontilai. USCA Case Number 20-3973, 21-1223. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to FRAP 42. The stipulation is hereby "So Ordered"... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/01/2021..(nd)
June 21, 2021	Filing 935 RESPONSE in Opposition to Motion re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Excerpt from Gail Holt Deposition October 7, 2020, #2 Exhibit Excerpt from Bennet Gershman Deposition, #3 Exhibit Excerpt from Gail Holt Deposition July 11, 2019).(Hansel, Cary)
June 17, 2021	Filing 934 ORDER: For the reasons stated above, it is hereby ORDERED that Defendants requests to for a pre-motion conference and permission to file motions for summary judgment (Dkt. Nos. 886, 887, 888) are DENIED, and further it is hereby ORDERED that the SECs request for a pre-motion conference and permission to file a motion for partial summary judgment (Dkt. No. 879) is DENIED, and further it is hereby ORDERED the Court will treat the premotion letters as to Count V as fully submitted cross motions for summary judgment as to that claim. So Ordered. (Signed by Judge Victor Marrero on 6/17/2021) (js)
June 17, 2021	Filing 933 ORDER: On June 16, 2021, defendants Mykalai Kontilai ("Kontilai") and Collector's Coffee Inc. ("CCI," and together with Kontilai "Defendants") filed a letter requesting permission to file a reply brief in support of their consolidated Rule 72 objections to Judge Gorenstein's Report and Recommendation denying Defendants' motion to dismiss. (See Dkt. No. 931.) After considering the matters raised in Defendants' letter, the Court is not persuaded that additional briefing is necessary to resolve the issues raised. Accordingly, the Court hereby denies the request for further briefing, but will consider the issues presented in the June 16 letter. So Ordered. (Signed by Judge Victor Marrero on 6/17/2021) (js)
June 17, 2021	Filing 932 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated June 17, 2021 re: SEC Response to Defendants' Request to Submit a Reply (Dkt. No. 931). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 16, 2021	Filing 931 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated June 16, 2021 re: Collector's Coffee, Inc.'s Request For Permission to File Reply to Docket 930 re Consolidated Rule 72 Objections. Document filed by Collector's Coffee Inc...(Morris, Stanley)
June 15, 2021	Filing 930 MEMORANDUM OF LAW in Opposition re: #926 Objection to Report and Recommendations [Dkt. No. 918]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
June 8, 2021	Filing 929 ORDER denying #900 Letter Motion for Leave to File Document. For the reasons stated above, it is hereby ORDERED that Defendants objections (Dkt. Nos. 899, 900) to Magistrate Judge Gorenstein's rulings on those matters are DENIED. (Signed by Judge Victor Marrero on 6/8/2021) (js)
June 3, 2021	Filing 928 ORDER granting #927 Motion for Cary Johnson Hansel, III to Appear Pro Hac Vice for all purposes as counsel for Mykalai Kontilai. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/3/2021) (vfr)
June 2, 2021	Filing 927 MOTION for Cary Johnson Hansel III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24619170. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Of Cary Johnson Hansel, #2 Exhibit Certificates of good standing, #3 Text of Proposed Order).(Joseph, Peter)
June 2, 2021	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #927 MOTION for Cary Johnson Hansel III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24619170. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
June 1, 2021	Filing 926 OBJECTION to #918 Report and Recommendations Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 28, 2021	Filing 925 MEMORANDUM OF LAW in Support re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Expert Report, #2 Exhibit 2- Deposition Excerpts).(Miller, Terry)
May 28, 2021	Filing 924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 28, 2021	Filing 923 NOTICE of Plaintiff United States Securities and Exchange Commission's Motion to Exclude Testimony of Bennett Gershman. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 24, 2021	Filing 922 LETTER addressed to Judge Victor Marrero from Stanley Morris dated May 24, 2021 re: Request for Leave to File Objections to Report and Recommendation ECF 918. Document filed by Collector's Coffee Inc...(Morris, Stanley)
May 21, 2021	Filing 921 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated May 21, 2021 re: Election to file Motion to Exclude Expert Testimony. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 20, 2021	Filing 920 MEMO ENDORSEMENT on re: #919 Letter Request for Pre-Motion Conference on Motion to Exclude Expert Testimony, filed by United States Securities and Exchange Commission. ENDORSEMENT: The pre-motion conference requirement is waived. Plaintiff may elect to have this letter serve as the motion or may file a new motion. Plaintiff shall file a letter on ECF on May 21, 2021, stating its choice. If a separate motion is filed, it shall be filed by May 28, 2021. In either event, briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices and either the notice of motion or election letter should set forth the dates of the briefing schedule. So Ordered., ( Motions due by 5/28/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/21) (yv)
May 19, 2021	Filing 919 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated May 19, 2021 re: Request for Pre-Motion Conference on Motion to Exclude Expert Testimony. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Expert Report, #2 Exhibit 2- Deposition Excerpts).(Miller, Terry)
May 17, 2021	Filing 918 REPORT AND RECOMMENDATION: re: #416 MOTION to Dismiss; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint filed by Collector's Coffee Inc. For the foregoing reasons, defendants consolidated motion to dismiss and strike (Docket # 416) should be denied. SO ORDERED. Objections to R&R due by 6/1/2021 (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/2021) (ama)
May 14, 2021	Filing 917 RESPONSE re: #904 Objection to Report and Recommendations Intervenor Plaintiffs' Memorandum in Response and Opposition to Defendant Collector's Coffee, Inc.'s Objections to Report and Recommendations at Docket 890. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 14, 2021	Filing 916 RESPONSE Intervenor Plaintiffs' Memorandum in Response and Opposition to Mykalai Kontilai's Rule 72 Objection to Magistrate Judge's April 19, 2021, Report and Recommendation at Docket 890. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 14, 2021	Filing 915 RESPONSE re: #905 Objection to Report and Recommendations, Intervenor Plaintiffs' Memorandum in Response to Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s Limited Objection to Magistrate Judge Gorenstein's Report and Recommendation. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
May 10, 2021	Filing 914 MEMO ENDORSEMENT: on re: #913 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: The deadlines for discovery as to the claims contained in Docket # 344, as reflected in Docket # 854, are stayed pending the disposition of the objections made in Docket #903, 904, 905. Within 7 days of the disposition of those objections, the parties to the claims made in Docket # 344 shall file joint or separate proposals as to a schedule for discovery. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/10/2021) (ama)
May 7, 2021	Filing 913 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 7, 2021 re: Unopposed request for a pre-motion conference in anticipation of seeking an interim stay of the Intervenor Action pending resolution of the objections to the April 19, 2021 Report and Recommendation (ECF No. 890). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
May 7, 2021	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #912 Notice of Interlocutory Appeal, filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)
May 7, 2021	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #912 Notice of Interlocutory Appeal. (tp)
May 6, 2021	Filing 912 NOTICE OF INTERLOCUTORY APPEAL from #875 Order,,. Document filed by Mykalai Kontilai. Filing fee $ 505.00, receipt number ANYSDC-24506217. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Appendix).(Joseph, Peter)
May 6, 2021	Filing 911 ORDER: Accordingly, defendants may depose Chapman as to the topics as specified above. The deponent may decline to answer any questions not within these topic areas by invoking Fed. R. Civ. P. 30(c)(2).3 Having already conducted more than 90 minutes of questioning, Veronica shall be allowed a maximum of 2 hours 15 minutes to complete the direct examination, which she may share with co-defendants. The SEC shall be allowed a maximum of 15 minutes of cross-examination. Chapmans counsel has leave to ask additional questions of his client after the parties to this case have used their time. The deposition shall take place within 14 days of the date of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/2021) (cf)
May 5, 2021	Filing 910 OPINION AND ORDER: re: #851 MOTION to Withdraw Deemed Admissions filed by Mykalai Kontilai. For the foregoing reasons, defendant's motion to withdraw admissions (Docket # 851) is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/05/2021) (ama)
May 4, 2021	Filing 909 LETTER addressed to Judge Victor Marrero from Patrick Stoltz, Esq. dated May 4, 2021 re: Response to Kontilai's Request for Leave to File Rule 72 Objections [Dkt. Nos. 899 and 900]. Document filed by John Culotta..(Stoltz, Patrick)
May 4, 2021	Filing 908 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 5.4.21 re: Deposition of David Chapman. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
May 4, 2021	Filing 907 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated May 4, 2021 re: Response to Defendants' Request to Brief Rule 72(a) Objections [Dkt. Nos. 899 and 900]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
May 4, 2021	Filing 906 LETTER addressed to Judge Victor Marrero from Dane H. Butswinkas dated May 4, 2021 re: Response to Mykalai Kontilai's Request to File Rule 72 Objections (Dkt. 899). Document filed by Andrew Ceresney..(Butswinkas, Dane)
May 3, 2021	Filing 905 OBJECTION to #890 Report and Recommendations -- Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s Limited Objection to Magistrate Judge Gorenstein's Report and Recommendation. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit 1 - 2013 Purchase Agreement).(Spitzer, Seth)
May 3, 2021	Filing 904 OBJECTION to #890 Report and Recommendations Re Subject Matter Jurisdiction and Staying Part of Intervenor Action Document filed by Collector's Coffee Inc., Collector's Coffee, Inc...(Morris, Stanley)
May 3, 2021	Filing 903 BRIEF re: #890 Report and Recommendations,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)
April 30, 2021	Filing 902 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated April 30, 2021 re: SEC Response to Mykalai and Veronica Kontilai's Letter Concerning Proposed Deposition Topics of David Chapman [Dkt. No. 897]. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
April 30, 2021	Filing 901 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jay V. Surgent, Esq. dated April 30, 2021 re: Opposition to Motion to Compel Deposition of Client. Document filed by David Clyde Chapman..(Surgent, Jay)
April 27, 2021	Filing 900 LETTER MOTION for Leave to File Rule 72 Objection , Joinder with Letter Dkt. 899, addressed to Judge Victor Marrero from George Lambert, counsel for Relief Defendant Veronica Kontilai dated April 27, 2021. Document filed by Veronica Kontilai..(Lambert, George)
April 27, 2021	Filing 899 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 27, 2021 re: Request to File Rule 72 Objections. Document filed by Mykalai Kontilai..(Heim, Robert)
April 26, 2021	Filing 898 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated April 26, 2021 re: SEC Response to Defendants' Request to File a Summary Judgment Motion (Dkt. Nos. 886, 887, and 888). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 23, 2021	Filing 897 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 4.23.21 re: Conference 4.16.21. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Consulting agreement Collectors' Coffe, #2 Exhibit Transcript excerpt Blue Sunsets, #3 Exhibit Transcript excerpt Chapman deposition 2.22.21).(Joseph, Peter)
April 23, 2021	Filing 896 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated April 23, 2021 re: Response to ECF Nos. 879 and 882. Document filed by Collector's Coffee Inc...(Morris, Stanley)
April 23, 2021	Filing 895 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 23, 2021 re: Response to SEC Letter re Summary Judgment. Document filed by Mykalai Kontilai..(Heim, Robert)
April 23, 2021	Filing 894 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated 04/23/2021 re: Defendants request to depose David Chapman. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (April 2015 email), #2 Exhibit B (proof of service), #3 Exhibit C (depo. transcript), #4 Exhibit D (March 2021 email), #5 Exhibit E (March 2020 email), #6 Exhibit F (Disco response)).(Williams, Mark)
April 21, 2021	Filing 893 AFFIDAVIT OF SERVICE of email served on David Clyde Chapman on 4.16.21. Document filed by Mykalai Kontilai..(Joseph, Peter)
April 21, 2021	Filing 892 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/16/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
April 21, 2021	Filing 891 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/16/2021 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021..(kv)
April 19, 2021	Filing 890 REPORT AND RECOMMENDATION: re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration filed by Collector's Coffee, Inc. For the foregoing reasons, defendants' motion for judgment on the pleadings (Docket # 398) should be denied, but the Holders' claims against defendants Collectors Coffee, Inc. and Mykalai Kontilai should be stayed pending arbitration. Objections to R&R due by 5/3/2021 (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/19/2021) (ama)
April 19, 2021	Filing 889 ORDER: Defendants Collector's Coffee Inc., Mykalai Kontilai, and Veronica Kontilai have each filed letters seeking a pre- motion conference and permission to file further briefing in support of their anticipated motions for summary judgment. (See Dkt. Nos. 886, 887, 888.) The SEC is hereby directed to respond to the matters set forth in these three letters by April 26, 2021 via a single letter not to exceed six pages in length. So Ordered. (Signed by Judge Victor Marrero on 4/19/2021) (js)
April 16, 2021	Filing 888 LETTER addressed to Judge Victor Marrero from Peter Alan Joseph Esq. dated 4.16.21 re: Veronica Kontiala. Document filed by Veronica Kontilai..(Joseph, Peter)
April 16, 2021	Filing 887 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 16, 2021 re: Premotion Conference and Permission to File Summary Judgment Motion. Document filed by Mykalai Kontilai..(Heim, Robert)
April 16, 2021	Filing 886 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated April 16, 2021 re: Pre-Motion Conference and Request to File Motion for Summary Judgment. Document filed by Collector's Coffee Inc...(Morris, Stanley)
April 16, 2021	Filing 885 ORDER denying #872 Motion to Compel. This Order addresses the motion of Mykalai Kontilai to compel further deposition testimony from attorney John Culotta. For essentially the reasons given in the Attorney Deposition Ruling (at pp. 8-11), we find that no such further testimony is warranted. Accordingly, the motion to compel (Docket # 872) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2021) (rch)
April 16, 2021	Filing 884 OPINION AND ORDER: re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition filed by Veronica Kontilai, Mykalai Kontilai. For the foregoing reasons, defendants' motion to compel answers from Holt's attorneys (Docket # 820) is granted in part and denied in part. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2021) (ama) (Main Document 884 replaced on 4/16/2021) (ama).
April 16, 2021	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 4/16/2021. Discovery orders issued. See transcript. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (rch)
April 15, 2021	Filing 883 NOTICE OF APPEARANCE by Jay V. Surgent on behalf of David Clyde Chapman..(Surgent, Jay)
April 15, 2021	Filing 882 MEMO ENDORSEMENT on re: #879 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Defendants are directed to respond by April 23, 2021, by letter not to exceed three pages, to the matter set forth above by stating their position on the SEC's anticipated motion. So Ordered. (Signed by Judge Victor Marrero on 4/15/2021) (js)
April 15, 2021	Filing 881 ORDER granting #880 MOTION to Suspend Briefing on Motion to Compel as to Non-Party John Culotta. Mr. Culotta's deadline to respond is adjourned sine die pending further order of the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 04/15/2021) (rch)
April 14, 2021	Filing 880 MOTION to Suspend Briefing on Motion to Compel as to Non-Party John Culotta Pending Decision on Related Motion to Compel as to Gail Holt's Former Attorneys. Document filed by John Culotta..(Stoltz, Patrick)
April 14, 2021	Filing 879 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated April 14, 2021 re: SEC Request for Pre-Motion Conference for Motion for Partial Summary Judgment. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 13, 2021	Filing 878 AFFIDAVIT OF SERVICE of Doc. 877 served on David Clyde Chapman on 4.13.21. Document filed by Mykalai Kontilai..(Joseph, Peter)
April 13, 2021	Filing 877 ORDER re: #876 Letter filed by Mykalai Kontilai. A conference to discuss the request by Mykalai Kontilai for sanctions against David Clyde Chapman, as raised in the letter dated April 12, 2021 (Docket # 876), shall take place on Friday, April 16, 2021, at 4:00 p.m. Only counsel for Mykalai Kontilai and Mr. David Clyde Chapman are required to appear for this call. At the above date and time, Mykalai Kontilai's counsel and David Clyde Chapman (and any counsel for Mr. Chapman who has filed a notice of appearance) shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. Counsel for Mykalai Kontilai is directed to immediately serve a copy of this Order on David Clyde Chapman by email and overnight mail. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/13/2021) (rch)
April 12, 2021	Filing 876 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 4.12.21 re: Doc. 829. Document filed by Mykalai Kontilai..(Joseph, Peter)
April 9, 2021	Filing 875 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that Defendants' objections (Dkt. Nos. 773, 778, 796, 797, 850, 861) to Magistrate Judge Gorenstein's rulings on those matters are DENIED; and it is further ORDERED that to the extent Defendants wish to file Rule 72 objections to nondispositive rulings issued in magistrate court in the future, they must submit a two-page letter to this Court explaining the basis for any objection and requesting leave to file full briefing. Any party may respond to such a letter via two-page letter within one week. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 4/9/2021) (jca)
April 9, 2021	Filing 874 FIRST LETTER MOTION for Extension of Time to oppose Objection addressed to Judge Victor Marrero from Christopher D. Skoczen dated April 9, 2021. Document filed by Timothy Dennin..(Skoczen, Christopher)
April 6, 2021	Filing 873 MEMORANDUM OF LAW in Support re: #872 MOTION to Compel John Culotta to answer deposition questions . . Document filed by Mykalai Kontilai..(Heim, Robert)
April 6, 2021	Filing 872 MOTION to Compel John Culotta to answer deposition questions . Document filed by Mykalai Kontilai..(Heim, Robert)
April 6, 2021	Filing 871 REPLY re: #844 Order to Show Cause,,,, #867 Response to Order to Show Cause Plaintiff U.S. Securities and Exchange Commission's Reply to Response to Order to Show Cause. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 6, 2021	Filing 870 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry Miller, Esq. dated April 6, 2021 re: Kontilai's Untimely Relief Brief, Doc. # 868. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 5, 2021	Filing 869 RESPONSE re: #849 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
April 2, 2021	Filing 868 REPLY MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)
April 2, 2021	Filing 867 RESPONSE TO ORDER TO SHOW CAUSE re: #844 Order to Show Cause,,,,. Document filed by Mykalai Kontilai..(Lambert, George)
April 2, 2021	Filing 866 AFFIDAVIT of George Lambert re: #844 Order to Show Cause,,,, . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, Expert Opinion of Prof. Shlomo Argamon, Ph.D. (Yale), #2 Exhibit 2. Professional Articles, #3 Exhibit 3. Info on Prof. Argamon, research article, #4 Exhibit 4. Report of National Bureau of Economic Research, #5 Exhibit 5. Report of American Economic Association, #6 Exhibit 6, Info on Prof. Julian Kolev, Ph.D. (Harvard), #7 Exhibit 7. Info of USPTO on Prof. Kolev, #8 Exhibit 8. Info on Dr. Yuly Fuentes-Medel, Ph.D., #9 Exhibit 9, Info on Prof. Fiona Murray, Ph.D. (Harvard), #10 Exhibit 10.Research Artbstract in the Harvard Journal, #11 Exhibit 11. Yahoo Research Project Report by 5 authors, #12 Exhibit 12.Research article in the Digital Investigation Journal, 3 authors, #13 Exhibit 13, Info on Prof. Erin Hengel, article based on thesis, #14 Exhibit 14, Extract from depo transcript Ms. Gail Holt, #15 Exhibit 15. Transcript of admissions by atty on behalf of Ms. Gail Holt, #16 Exhibit 16, Notes on questioning of Ms. Gail Holt on Dec. 20, 2018, #17 Exhibit 17. Affirmation of atty Ed Little, #18 Exhibit 18, Extract from depo transcript of Ms. Gail Holt, #19 Exhibit 19, Table of admissions of Ms. Gail Holt, #20 Exhibit 20. Info on Prof. Emeritus Daniel F. Melia, Ph.D. (Harvard), #21 Exhibit 21. Info on Prof. Emeritus Dennis Baron, Ph.D.).(Lambert, George)
March 31, 2021	Filing 865 ORDER: granting #864 Letter Motion for Extension of Time to File Response/Reply re #864 LETTER MOTION for Extension of Time to File Response/Reply as to #863 Order, Set Deadlines/Hearings and to Hold Briefing in Abeyance Pending Decision on Related Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patri. The defendant's motion remains due on April 6, 2021. Mr. Culotta's response shall be due April 20, 2021. Any reply shall be due April 22, 2021. It is not yet clear to the Court that the disposition of the instant application will be governed by any decision on the pending application regarding the testimony of Gail Holt's former attorneys. If the Court does not issue an order relevant to this question by April 13, 2021, Mr.Culotta is free to renew his request to suspend briefing at that time. SO ORDERED. Responses due by 4/20/2021 Replies due by 4/22/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/31/2021) (ama)
March 30, 2021	Filing 864 LETTER MOTION for Extension of Time to File Response/Reply as to #863 Order, Set Deadlines/Hearings,,,,,, and to Hold Briefing in Abeyance Pending Decision on Related Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick Stoltz dated March 30, 2021. Document filed by John Culotta..(Stoltz, Patrick)
March 30, 2021	Filing 863 ORDER: Defendant Mykalai Kontilai has submitted a letter concerning an anticipated motion seeking to compel answers from non-party witness John Culotta (Docket # 837). The pre-motion conference requirement for this motion is waived. Defendant's motion shall be filed by April 6, 2021. Opposition papers shall be filed by April 13, 2021; any reply shall be filed by April 15, 2021. This Order shall not be construed as opining on the question of whether defendant's application, filed more than a month after the conclusion of the deposition and which was not promptly served on the deponent (see Docket # 856 at 1), was timely. SO ORDERED., ( Motions due by 4/6/2021., Responses due by 4/13/2021, Replies due by 4/15/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)
March 30, 2021	Filing 862 ORDER: denying #858 Motion for Reconsideration re #858 MOTION for Reconsideration re; #836 Order on Motion to Quash, filed by Veronica Kontilai, Mykalai Kontilai. With regard to defendant Mykalai Kontilai's motion for reconsideration (Docket # 858) of the Court's Order of March 15, 2021 (Docket # 836) ("the Order"), the Court has previously set forth the standards for such a motion. See SEC v. Collector's Coffee Inc., 464 F. Supp. 3d 665, 667 (S.D.N.Y. 2020). The defendant's motion contains a rehashing of arguments previously made and rejected, with an occasional citation to cases never before presented to the Court. None of these cases or the rehashed arguments alter the Court's conclusions as set forth in the Order. The only new matter presented relevant to the Order is the citation to a declaration regarding alleged prosecutorial misconduct (Docket # 821-5). Defendant failed to bring this declaration to the Court's attention before the briefing schedule was complete on the original motion, even though the declaration was available to defendant before that date. The suggestion that the Court erred by failing to consider as part of the adjudication of the order to show cause a document filed as part of the briefing of a different motion is frivolous. Moreover, the declaration is irrelevant to the issue on which the Order turned: namely, how any alleged improper motives of the SEC prejudiced Kontilai in conducting his defense. Defendant's brief fails to address this question other than making generic statements regarding the law governing the striking of affirmative defenses. The remainder of the motion (pp. 5-7) inexplicably contains argument related to another motion pending before the Court (Docket # 820). This argument does not address the issues relevant to the Order.The motion for reconsideration (Docket # 858) is denied. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)
March 29, 2021	Filing 861 BRIEF re: #836 Order on Motion to Quash, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)
March 29, 2021	Filing 860 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 3.29.21 re: Doc. 856. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 29, 2021	Filing 859 MEMORANDUM OF LAW in Opposition re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13).(Miller, Terry)
March 29, 2021	Filing 858 MOTION for Reconsideration re; #836 Order on Motion to Quash, . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 25, 2021	Filing 857 MEMO ENDORSEMENT re #856 . Defendants may file any reply to this letter on or before March 29, 2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/25/2021) (Gorenstein, Gabriel)
March 25, 2021	Filing 856 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick Stoltz dated March 25, 2021 re: Response to Kontilai's Pre-Motion Letter Re John Culotta (Doc. No. 837). Document filed by John Culotta..(Stoltz, Patrick)
March 23, 2021	Filing 855 ORDER: Accordingly, the Court orders Culotta to respond to defendants' letter by March 25, 2021 by means of a letter filed on ECF. In his letter, Culotta should address the basis on which he asserted the attorney-client privilege. That response should include a discussion of whether he asserted the privilege solely in connection with Holt, or if he also asserted the privilege in connection with Collector's Coffee, Inc., another defendant in this action, and if so whether he was advised of CCI's waiver of the privilege. Defendants shall serve a copy of this Order on Culotta forthwith. Nothing in this Order shall be construed as opining on whether the defendants' letter on this issue was timely. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2021) (ama)
March 23, 2021	Filing 854 SUPPLEMENTAL SCHEDULING ORDER: Accordingly, the Court issues the following schedule: With respect to the SEC Case: 1. Any letters to Judge Marrero requesting permission to make a summary judgment motion shall be filed on or before April 16, 2021. 2. Depositions of experts shall be completed by April 30, 2021. With respect to the Intervenor Case 1. Expert rebuttal reports shall be served by May 18, 2021. 2. Expert depositions shall be completed by June 15, 2021. 3. Any letters to Judge Marrero requesting permission to make a summary judgment motion shall be filed on or before June 29, 2021. And as set forth herein. SO ORDERED. Motions due by 6/29/2021. Deposition due by 6/15/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2021) (ama)
March 22, 2021	Filing 853 DECLARATION of George Lambert in Support re: #851 MOTION to Withdraw Deemed Admissions.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit June 2020 Responses, #2 Exhibit October 2020 Responses, #3 Exhibit Email Serving Responses).(Heim, Robert)
March 22, 2021	Filing 852 MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)
March 22, 2021	Filing 851 MOTION to Withdraw Deemed Admissions. Document filed by Mykalai Kontilai..(Heim, Robert)
March 22, 2021	Filing 850 Objection re: #823 Order on Motion for Reconsideration,,, corrects Doc. 849. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 22, 2021	Filing 849 Objection re: #823 Order on Motion for Reconsideration,,, . Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)
March 19, 2021	Filing 848 NOTICE of Errata re: #846 Letter. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Errata to Doc. # 846 Proposed Scheduling Order).(Miller, Terry)
March 19, 2021	Filing 847 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated March 19, 2021 re: Modification of Scheduling Order. Document filed by Collector's Coffee Inc...(Morris, Stanley)
March 19, 2021	Filing 846 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 19, 2021 re: Proposed Scheduling Order. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 19, 2021	Filing 845 NOTICE of Notice of Errata re: #839 Reply Memorandum of Law in Support of Motion,. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Appendix errata corrected in Dkt 839).(Lambert, George)
March 19, 2021	Filing 844 ORDER TO SHOW CAUSE: Accordingly, Mr. Lambert is hereby ORDERED TO SHOW CAUSE why he should not be sanctioned on one or more of the following bases: (1) the inherent power of the court, see generally Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991), including but not limited to the power to revoke pro hac vice status for conduct prejudicial to the administration of justice, see, e.g., MacDaw, Inc. v. CIT Group Equip. Financing, Inc., 138 F.3d 33 (2d Cir. 1998); (2) Fed. R. Civ. P. 11(c)(3) on the ground that the statement as to the writing styles of males and females constitutes a factual contention that has no evidentiary support, see Fed. R. Civ. P. 11(b)(3); and/or on the ground that the statement was designed to harass an adversary by subjecting the adversary to malicious sex-based stereotypes, see Fed. R. Civ. P. 11(b)(1). Such showing shall be made by means of an affidavit and a memorandum of law compliant with Local Civil Rule 7.1(a)(2) filed on or before April 2, 2021. The Court will thereafter issue a written order in the event a sanction is imposed. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2021) (rj)
March 18, 2021	Filing 843 AFFIDAVIT OF SERVICE of ENDORSEMENT ORDER, re. resumption of deposition of David Clyde Chapman served on DAVID CLYDE CHAPMAN on March 18, 2021. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Affidavit).(Lambert, George)
March 18, 2021	Filing 842 AFFIDAVIT OF SERVICE of Doc. No. 829 served on David Clyde Chapman on 3.15.21. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 18, 2021	Filing 841 AFFIDAVIT OF SERVICE of Doc. No. 829 served on David Clyde Chapman on 3.15.21. Service was made by Mail. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 17, 2021	Filing 840 REPLY AFFIRMATION of MYKALAI KONTILAI in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Lambert, George)
March 17, 2021	Filing 839 REPLY MEMORANDUM OF LAW in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Mykalai Kontilai, Veronica Kontilai..(Lambert, George)
March 17, 2021	Filing 838 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 17, 2021 re: Response to Kontilais Pre-motion Discovery Letter Re John Culotta. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 15, 2021	Filing 837 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 3.15.21 re: compel deposition. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)
March 15, 2021	Filing 836 ORDER granting #770 Motion to Quash. Accordingly, the affirmative defenses numbered 19 and 20 are stricken. Dennin's motion to quash (Docket # 770) is granted. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/15/2021) (GWG)
March 15, 2021	Filing 835 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 15, 2021	Filing 834 DECLARATION of Dane H. Butswinkas in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Andrew Ceresney. (Attachments: #1 Exhibit A).(Butswinkas, Dane)
March 15, 2021	Filing 833 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Andrew Ceresney..(Butswinkas, Dane)
March 15, 2021	Filing 832 NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Andrew Ceresney..(Butswinkas, Dane)
March 15, 2021	Filing 831 DECLARATION of Gail A. Holt in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Gail Herman-Holt. (Attachments: #1 Exhibit A, #2 Exhibit B).(Perry, Joseph)
March 15, 2021	Filing 830 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Gail Herman-Holt..(Perry, Joseph)
March 15, 2021	Filing 829 MEMO ENDORSEMENT on re: #826 Letter re: compel deposition filed by Veronica Kontilai, Mykalai Kontilai. ENDORSEMENT: Having pushed all depositions to the brink of the discovery deadline, it is inexplicable that defendants waited nearly 3 weeks to bring this issue to the Court's attention. Be that as it may, the Court will consider permitting the deposition to continue provided the defendants proceed with alacrity to reschedule it (presumably with Mr. Chapman having hired an attorney) for a date to occur within the next 14 days. The parties are directed to confer with Mr. Chapman on the rescheduling. If agreement cannot be reached, the parties shall inform the Court and the Court will schedule a conference. In light of Mr. Chapman's pro se status and defendants' numerous delays, the request for fees and sanctions is denied. Defendants are directed to serve a copy of this Order on Mr. Chapman. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/15/2021) (rj)
March 15, 2021	Filing 828 DECLARATION of Robert A. Schwinger in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by William J. Leone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Schwinger, Robert)
March 15, 2021	Filing 827 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by William J. Leone..(Schwinger, Robert)
March 12, 2021	Filing 826 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from PETER JOSEPH dated 3.12.21 re: compel deposition. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 12, 2021	Filing 825 RESPONSE TO ORDER TO SHOW CAUSE re: #803 Order to Show Cause,,. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
March 12, 2021	Filing 824 BRIEF re: #803 Order to Show Cause,, to Strike Defendants' 19th and 20th Affirmative Defenses. Document filed by Timothy Dennin..(Skoczen, Christopher)
March 8, 2021	Filing 823 ORDER denying #793 MOTION for Reconsideration re; #768 Order Imposing Sanction filed by Mykalai Kontilai. Because the Court's misapprehension that the new responses were "duplicates" was not necessary to the ruling in the January 27 Order, the request for reconsideration (Docket # 793) is denied. Nonetheless, the Court invites Kontilai to use the method provided in the Federal Rules to be relieved of the admissions by filing an application under Fed. R. Civ. P. 36(b), which permits admissions to be withdrawn or amended "if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits." If Kontilai wishes to make such an application, he may do so by letter, provided it is filed by March 22, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/8/2021) (mml)
March 8, 2021	Filing 822 MEMORANDUM OF LAW in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 8, 2021	Filing 821 DECLARATION of George Lambert in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit Deposition transcript of Gail Holt, #2 Exhibit Deposition transcript of Susie Youn, #3 Exhibit Deposition transcript of William Leone, #4 Exhibit Deposition transcript of Andrew Ceresney, #5 Exhibit Expert Report of Professor B. Gersham).(Joseph, Peter)
March 8, 2021	Filing 820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)
March 8, 2021	Set/Reset Deadlines: Motions due by 3/22/2021. (mml)
March 5, 2021	Filing 819 MEMORANDUM OF LAW . Document filed by Mykalai Kontilai..(Joseph, Peter)
March 5, 2021	Filing 818 MEMO ENDORSEMENT on re: #817 Letter filed by Mykalai Kontilai, ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed by March 12, 2021. Briefing thereafter shall be in accordance with paragraph 2.B of the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/5/2021) ( Motions due by 3/12/2021.) (ks)
March 4, 2021	Filing 817 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated March 4, 2021 re: Motion to Compel Deposition Testimony. Document filed by Mykalai Kontilai..(Heim, Robert)
March 2, 2021	Filing 816 REPLY MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)
March 2, 2021	Filing 815 MEMO ENDORSEMENT: on re: #812 Letter filed by Timothy Dennin. ENDORSEMENT: The Court cautions counsel as follows: (1) unlike Rule 37, Rule 11 is directed only to papers "presented to the court" and thus it is unclear how it could apply to service of subpoenas; (2) whatever "paper" is the subject of this proposed motion can only be a paper presented to this Court, not to a court in another district or in another case; (3) if counsel chooses to proceed, the "safe harbor" provision of Rule 11(c)(2) requires that the document served on the opposing party 21 days in advance of filing be the actual motion (or at least a notice of motion as was stated in the Star Mark Management case) -- not merely a letter requesting permission to make a motion. All that being said, if counsel still wishes to proceed, the Court's pre-motion conference requirement is waived as to any motion relating to the subpoenas or to the application to quash them. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)
March 2, 2021	Filing 814 MEMO ENDORSEMENT: on re: #813 Letter filed by Collector's Coffee Inc. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)
March 1, 2021	Filing 813 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated March 1, 2021 re: Expert Discovery Deadline Extension. Document filed by Collector's Coffee Inc...(Morris, Stanley)
March 1, 2021	Filing 812 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated March 1, 2021 re: Request for Pre-Motion Conference for Leave to Move for Sanctions. Document filed by Timothy Dennin. (Attachments: #1 Exhibit A - Kontilai v. Debevoise, #2 Exhibit A, part ii - Kontilai v. Debevoise, #3 Exhibit B - Initial Subpoena, #4 Exhibit C - Subpoena).(Skoczen, Christopher)
February 25, 2021	Filing 811 ORDER granting #807 Letter Motion for Extension of Time. Fed. R. Civ. P. 12(f)(1) specifically affords a court authority to strike an insufficient defense sua sponte. Thus, Kontilai's contention that the sufficiency of a defense can only be resolved with a motion "first filed by the SEC" is frivolous. Moreover, because the Court gave specific reasons why the defenses at issue may be infirm, Kontilai is on notice as to precisely what issues he needs to address with respect to those defenses. As for the request for more time, Kontilai has apparently granted himself an extension inasmuch as he has not responded to the Order to Show Cause by the date ordered. Instead, he filed a request for an extension on the due date itself (and after business hours) and ignored the Court-ordered deadline. In any event, we note that the request for an extension is based on Kontilai's incorrect perception that his response is somehow akin to an opposition to a summary judgment motion or that it would be appropriate to hold an "evidentiary hearing." To be clear, Kontilai is permitted to file only a "letter or memorandum of law" (Docket # 803 at 2) in response to the Order to Show Cause. No other material, such as evidentiary material, may be submitted. Now that the Court has reminded Kontilai what he is allowed to file, it is unclear if Kontilai actually needs the amount of time he requests. Nonetheless, the Court will extend the deadline to respond to the Order to Show Cause to the requested date of March 5, 2021. Any response is due March 12, 2021. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2021) (kv)
February 25, 2021	Set/Reset Deadlines: Replies due by 3/12/2021. Show Cause Response due by 3/5/2021. (kv)
February 24, 2021	Filing 810 MEMORANDUM OF LAW in Opposition re: #797 Brief Plaintiff's Memorandum of Law in Opposition to Objection to Magistrate Judge's Order Declaring the Freeze Order Provisions of the TRO Remain in Effect. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
February 24, 2021	Filing 809 MEMORANDUM OF LAW in Opposition re: #796 Brief, Plaintiff's Memorandum of Law in Opposition to Objections to Magistrate Judge's Discovery Order. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 24, 2021	Filing 808 MEMORANDUM OF LAW in Opposition re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 24, 2021	Filing 807 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated February 24 2021. Document filed by Mykalai Kontilai..(Heim, Robert)
February 18, 2021	Filing 806 MEMO ENDORSEMENT: on re: #801 Letter filed by Mykalai Kontilai. ENDORSEMENT: It is unclear what motion is being proposed. This letter might be construed as seeking permission to make a motion for clarification of the TRO - that is, an order clarifying that the filing and continued pursuit of the lawsuit is permitted by the TRO. The SEC asserts that Kontilai is seeking to move to "modify" the TRO (see Docket # 804 at 1) - a term defendant does not actually use. In any event, the Court's pre-motion conference requirement is waived. Any party (including the SEC, which may file a motion to enforce) is permitted to file any motion it wants on this question, though it is certainly incumbent on that party to specify precisely what body of law it relies on in seeking relief. The defendant is warned that any motion will have to address many if not all of the factual issues raised by the SEC in its letter (Docket # 804) as they plainly bear on the questions of whether the pursuit of the lawsuit is already permitted by the TRO and whether, if not, the TRO should be modified to permit it. As to the SEC's request for discovery, it is recommended that the defendant be as accommodating as possible. If it turns out that the SEC can responsibly respond to the defendant's motion (whatever it turns out to be) only if the defendant affords it specific discovery, the Court would not grant the defendant's motion unless the SEC is afforded that discovery. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2021) (ama)
February 18, 2021	Filing 805 ORDER re: #803 Order to Show Cause. The words "The plaintiffs are" in the last paragraph of the Order to Show Cause dated February 17, 2021 (Docket # 803), are amended to read "Kontilai is." (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2021) (rch)
February 17, 2021	Filing 804 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated February 17, 2021 re: Response to Request for Pre-motion Conference to Modify Asset Freeze Order (Doc. # 801). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 17, 2021	Filing 803 ORDER TO SHOW CAUSE: Accordingly, the plaintiffs are hereby ORDERED TO SHOW CAUSE by means of a letter or memorandum of law filed on or before February 24, 2021, why these defenses should not be stricken pursuant to Fed. R. Civ. P. 12(f)(1) or in the alternative be deemed to not support any request for discovery pursuant to Fed. R. Civ. P 26(b). Any other party may respond by means of a filing made on or before March 3, 2021. And as set forth herein. SO ORDERED. Show Cause Response due by 2/24/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/17/2021) (ama)
February 16, 2021	Filing 802 DECISION AND ORDER: denying #800 Letter Motion for Extension of Time to File On February 15, 2021, Defendants filed a letter motion requesting a conference to request "a ruling nunc pro tunc, namely the Court's ruling [on] the starting event for purposes of Rule 72...." (See Dkt. No. 800.) The Court denies this request. Both parties have been afforded the opportunity to address the timeliness of the objection in question, (see Dkt. Nos. 778, 799, 800), and the Court will issue its decision on the basis of the parties' written submissions. So Ordered. (Signed by Judge Victor Marrero on 2/16/2021) (js)
February 15, 2021	Filing 801 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 2.15.21 re: Doc. 769. Document filed by Mykalai Kontilai..(Joseph, Peter)
February 15, 2021	Filing 800 LETTER MOTION for Extension of Time to File 776, nunc pro tunc, addressed to Judge Victor Marrero from George Lambert, counsel for Dft Mykalai Kontilai dated February 15, 2021. Document filed by Mykalai Kontilai..(Lambert, George)
February 11, 2021	Filing 799 MEMORANDUM OF LAW in Opposition re: #778 Objection (non-motion), #773 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
February 10, 2021	Filing 798 NOTICE OF APPEARANCE by Mehreen Hayat on behalf of Timothy Dennin..(Hayat, Mehreen)
February 10, 2021	Filing 797 BRIEF re: #769 Order,,,, #767 Report and Recommendations, Objections Pursuant to Rule 72. Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Heim, Robert)
February 10, 2021	Filing 796 BRIEF re: #768 Order,,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Declaration of George Lambert, #2 Exhibit June 2020 Response, #3 Exhibit October 2020 Response, #4 Exhibit Oct. 1 2020 Email).(Heim, Robert)
February 10, 2021	Filing 795 DECLARATION of George Lambert in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit June 2020 Responses, #2 Exhibit October 2020 Responses, #3 Exhibit Oct. 1 2020 Email).(Heim, Robert)
February 10, 2021	Filing 794 MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)
February 10, 2021	Filing 793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. Document filed by Mykalai Kontilai..(Heim, Robert)
February 8, 2021	Filing 792 AMENDED REPLY MEMORANDUM OF LAW in Support re: #770 MOTION to Quash Non-Party Subpoena 1/15/21 . . Document filed by Timothy Dennin. (Attachments: #1 Exhibit J i - Complaint - Kontilai v. Debevoise, #2 Exhibit J ii - Collectors v. Debevoise, #3 Exhibit K - Declaration, #4 Exhibit L - Letter).(Skoczen, Christopher)
February 5, 2021	Filing 791 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated February 5, 2021 re: Submission of Motion to Quash. Document filed by Timothy Dennin..(Skoczen, Christopher)
February 5, 2021	Filing 790 MOTION to Quash Subpoena 1/15/21 Reply Memo i/s/o Motion to Quash Subpoena. Document filed by Timothy Dennin. (Attachments: #1 Exhibit J i - Collectors v. Debevoise, #2 Exhibit J ii - Collectors v. Debevoise, #3 Exhibit K - Declaration, #4 Exhibit L - Letter).(Skoczen, Christopher)
February 4, 2021	Filing 789 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that Defendants objections (Dkt. Nos. 662, 715, 720, 733) to Magistrate Judge Gorenstein's rulings on those matters are DENIED. So Ordered. (Signed by Judge Victor Marrero on 2/4/2021) (js)
February 4, 2021	Filing 788 NOTICE of Joinder in Amended Notice of Appeal, Dkt 787 re: #787 Amended Notice of Appeal. Document filed by Veronica Kontilai. (Attachments: #1 Appendix).(Lambert, George)
February 4, 2021	Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #787 Amended Notice of Appeal filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)
February 4, 2021	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #787 Amended Notice of Appeal. (tp)
February 3, 2021	Filing 787 AMENDED NOTICE OF APPEAL re: #663 Notice of Interlocutory Appeal, #769 Order,,,,. Document filed by Mykalai Kontilai..(Joseph, Peter)
February 3, 2021	Filing 786 MEMORANDUM OF LAW in Opposition re: #770 MOTION to Quash Non-Party Subpoena 1/15/21 . . Document filed by Mykalai Kontilai..(Heim, Robert)
February 3, 2021	Filing 785 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 2.3.2021 re: Doc. 769. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Joseph, Peter)
February 3, 2021	Filing 784 MEMO ENDORSEMENT on re: #781 Letter filed by Mykalai Kontilai. ENDORSEMENT: If otherwise proper, the deposition of John culotta may be taken on February 11, 2021. So Ordered. (Deposition due by 2/11/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/2021) (js)
February 2, 2021	Filing 783 RESPONSE re: #769 Order,,,, Regarding TRO Dkt # 12. Document filed by Collector's Coffee Inc...(Morris, Stanley)
February 2, 2021	Filing 782 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 02/02/2021 re: Doc. 769. Document filed by Veronica Kontilai. (Attachments: #1 Affidavit).(Joseph, Peter)
February 2, 2021	Filing 781 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated February 2, 2021 re: Request to Take Deposition on February 11, 2021. Document filed by Mykalai Kontilai..(Heim, Robert)
February 2, 2021	Filing 780 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated February 2, 2021 re: Deposition of Timothy Dennin. Document filed by Collector's Coffee Inc...(Morris, Stanley)
February 1, 2021	Filing 779 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated February 1, 2021 re: Response to Timothy J. Dennin, Esq.s Motion to Quash (Doc. # 770). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Williams, Mark)
January 29, 2021	Filing 778 Objection re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
January 28, 2021	Filing 777 OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
January 28, 2021	Filing 776 OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)
January 28, 2021	Filing 775 MEMO ENDORSEMENT on re: #772 Letter filed by Veronica Kontilai. The Court will permit a deposition to take place in the time period of February 15 to February 23. If agreement cannot be reached, the parties shall report to the Court immediately and the Court will institute a briefing schedule on the motion to compel and/or schedule a telephone conference with Mr. Chapman and the parties. If Mr. Chapman is proceeding without an attorney, he shall be informed that he can file a letter to the Court by sending it in pdf form to Temporary_Pro_Se_Filing@nysd.uscourts.gov The defendants shall provide a copy of this Order to Mr. Chapman. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/28/2021) (rch)
January 28, 2021	Filing 774 ORDER re: #765 Letter filed by Veronica Kontilai, Mykalai Kontilai. Accordingly, the Court will permit no more than precisely what its January 13 Order stated: the depositions described in that Order. No deponent is required to produce any documents. The defendants shall immediately provide a copy of this order to each subpoenaed party. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/28/2021) (GWG)
January 28, 2021	Filing 773 Objection re: 746 Order on Motion for Protective Order, . Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Hearing Transcript).(Morris, Stanley)
January 27, 2021	Filing 772 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Veronica Kontilai dated 1.27.21 Document filed by Veronica Kontilai..(Joseph, Peter)
January 27, 2021	Filing 771 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated January 27, 2021 re: Opposition to Letter Seeking Pre-Motion Conference, ECF Doc. # 765. Document filed by Timothy Dennin. (Attachments: #1 Exhibit A - Initial Subpoena, #2 Exhibit B - Subpoena, #3 Exhibit C - Settlement Agreement).(Skoczen, Christopher)
January 27, 2021	Filing 770 MOTION to Quash Non-Party Subpoena 1/15/21 . Document filed by Timothy Dennin. (Attachments: #1 Memorandum of Law, #2 Exhibit Ex. A - Subpoena, #3 Exhibit Ex. B - Demand Letter, #4 Exhibit Ex. C - Letter, #5 Exhibit Ex. D - Settlement Agreement, #6 Exhibit Ex. E - Amended Settlement Agreement, #7 Ex. F - March 9, 2020 Order, #8 Ex. G - Dismissal, #9 Ex. H i - Amended Complaint, #10 Ex. H ii - Amended Complaint, #11 Ex. I - Initial Subpoena).(Skoczen, Christopher)
January 27, 2021	Filing 769 ORDER re: #749 Letter, filed by United States Securities and Exchange Commission. The Court does not believe a status conference is necessary to verify that the defendants understand that the TRO is in effect. Rather, to ensure compliance with the TRO, the Court hereby orders that defendant Mykalai Kontilai, relief defendant Veronica Kontilai, and defendant CCI (by an authorized representative) each file a sworn statement on or before February 3, 2021, indicating that they have read this Order and that they understand the Court has ruled that the Temporary Restraining Order dated May 14, 2019, remains in effect. The SEC argues that the prosecution of the lawsuit in the United States District Court for the District of Columbia against the law firm of Debevoise & Plimpton violates the TRO. The SEC's letter does not seek any specific relief as to the defendants, however. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/27/2021) (GWG)
January 27, 2021	Filing 768 ORDER: The Securities and Exchange Commission ("SEC") has moved for contempt and other sanctions against Mykalai Kontilai ("Mykalai"). In a Report and Recommendation issued today, we address the request for sanctions based on the Court's contempt powers and under the inherent power of the Court. The SEC has also asked for discovery sanctions under Rule 37, which we address in this Order. We use the same short form citations to documents in the record that are used in the Report and Recommendation, and as further set forth in this order. Accordingly, the SEC's application is denied without prejudice to a new application that gives a more complete explanation of the sanctions sought. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) (jwh)
January 27, 2021	Filing 767 REPORT AND RECOMMENDATION re: #452 MOTION for Sanctions: For the foregoing reasons, the SECs motion for contempt and sanctions for violating the TRO and under the Courts inherent power (Docket # 452) should be denied. (Objections to R&R due by 2/10/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) (jwh)
January 26, 2021	Filing 766 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 01/26/2021 re: Letter from Mykalai and Veronica Kontilai (Doc. # 765). Document filed by United States Securities and Exchange Commission..(Williams, Mark)
January 25, 2021	Filing 765 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim and George Lambert dated January 25 2021 re: Deposition Subpoenas. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
January 25, 2021	Filing 764 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated January 25, 2021 re: Amended Reply to Plaintiff's Letter of January 15, 2021 Dkt. # 749 and Order at Dkt. 757. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stipulated Order On Renewed Motion For Preliminary Injunction).(Morris, Stanley)
January 25, 2021	Filing 763 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated January 25, 2021 re: Reply to Plaintiff's Letter of January 15, 2021 Dkt # 749 and Order at Dkt # 757. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stipulated Order On Renewed Motion For Preliminary Injunction).(Morris, Stanley)
January 25, 2021	Filing 762 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 1.25.21 re: Doc.757. Document filed by Mykalai Kontilai..(Joseph, Peter)
January 22, 2021	Filing 761 NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Timothy Dennin..(Skoczen, Christopher)
January 22, 2021	Filing 760 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated 01/22/2021 re: Election as to New Motion for Motion to Quash Subpoena. Document filed by Timothy Dennin..(Skoczen, Christopher)
January 21, 2021	Filing 759 MEMO ENDORSEMENT. The pre-motion conference requirement is waived. Mr. Dennin may elect to have this letter serve as the motion to quash or may file a new motion. He shall file a letter on ECF on January 22, 2021 stating his choice. If this letter serves as the motion, any response shall be due January 27, 2021 and any reply shall be due January 29, 2021. If a separate motion is filed, it shall be filed by January 27, 2021, and the briefing schedule shall be in accordance with Local Civil Rule 6.1(a) (that is, it shall not be in accordance with paragraph 2.B of the Court's Individual Practices.). No response is required to the subpoena until the Court issues a ruling. So that the Court may properly discharge its responsibility to "administer the discovery rules to secure the just, speedy, and inexpensive determination of this action," the Court will "invite" any other party that so wishes to file a letter on the question of whether the proposed discovery is "outside the scope permitted by Rule 26(b)(l)" by addressing any or all of the factors listed in that provision. N'Diaye v. Metro. Life Ins. Co., 2018WL 2316335, at *4 (S.D.N.Y. May 8, 2018). Any such letter must be filed two business days before defendants' response is due per the schedule set by the previous paragraph. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/21/2021) (Gorenstein, Gabriel)
January 21, 2021	Filing 758 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated January 21, 2021 re: Request for Pre-Motion Conference for Leave to Move to Quash Subpoena. Document filed by Timothy Dennin. (Attachments: #1 Exhibit Ex. A - Subpoena, #2 Exhibit Ex. B - Demand Letter, #3 Exhibit Ex. C - Settlement Letter, #4 Exhibit Ex. D - Settlement Agreement, #5 Exhibit Ex. E - Amended Settlement Agreement, #6 Exhibit Ex. F - Order, #7 Exhibit Ex. G - Order of Dismissal, #8 Exhibit Ex. H i - SEC Amended Complaint, #9 Exhibit Ex. H ii - SEC Amended Complaint, #10 Exhibit Ex. I - Initial Subpoena).(Skoczen, Christopher)
January 21, 2021	Filing 757 ORDER. Mykalai Kontilai and Collectors Coffee, Inc. ("CCI") shall file a response to Docket #749 on or before January 25, 2021. re: #749 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated January 15, 2021 re: Continued Violations of Asset Freeze Order. Document filed by United States Securities and Exchange Commission. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/21/2021) (rjm)
January 20, 2021	Filing 756 MEMO ENDORSEMENT: on re: #752 Letter filed by Mykalai Kontilai. ENDORSEMENT: This letter represents the second time that Mykalai Kontilai has filed a letter to the Court that discusses a case he brought in another district. See Docket # 601. Both letters are improper because they seek no relief from the Court and are not fulfilling any discernable purpose that is legitimate. To the extent Kontilai thinks he is under a self-imposed commitment "to inform the Court on future substantial developments in that case," or, indeed any developments in that case, he is mistaken. In fact, his efforts to keep the Court apprised of the progress of this out-of-district case - whether of "substantial developments" or otherwise - are improper. To prevent the filing of such letters in the future, it is hereby ORDERED that Kontilai's attorneys shall cease filing letters to the Court that do not seek relief, that do not respond to a directive from the Court, or that are otherwise unauthorized by law. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/20/2021) (ama)
January 20, 2021	Filing 755 MEMO ENDORSEMENT on re: #752 Letter, filed by Mykalai Kontilai. ENDORSEMENT: This letter is referred to Judge Gorenstein to whom this action has been referred for general pretrial purposes. So Ordered (Signed by Judge Victor Marrero on 1/20/2021) (js)
January 19, 2021	Filing 754 MEMO ENDORSEMENT: on re: #753 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: Application granted. The deadline in Docket 124 par III.e for the disclosure of expert evidence is extended to March 5, 2021. The deadline in par. III.f is extended to March 12, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/2021) (ama)
January 19, 2021	Filing 753 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated January 19, 2021 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
January 19, 2021	Set/Reset Deadlines: Deposition due by 3/5/2021. (ama)
January 15, 2021	Filing 752 LETTER addressed to Judge Victor Marrero from George Lambert, counsel for Dft Mykalai Kontilai dated January 15, 2021 re: follow-up Information on case in DCD. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Waiver of Service filed).(Lambert, George)
January 15, 2021	Filing 751 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/13/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
January 15, 2021	Filing 750 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/13/2021 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/5/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/15/2021..(rro)
January 15, 2021	Filing 749 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated January 15, 2021 re: Continued Violations of Asset Freeze Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit).(Miller, Terry)
January 14, 2021	Filing 748 MEMO ENDORSEMENT on re: #747 Letter filed by Mykalai Kontilai. ENDORSEMENT: If otherwise proper, the deposition of Andrew Ceresney may be taken on February 19, 2021. (Deposition due by 2/19/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/14/2021) (cf)
January 14, 2021	Filing 747 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated January 14, 2021 re: Request to Take Deposition on February 19, 2021. Document filed by Mykalai Kontilai..(Heim, Robert)
January 13, 2021	Filing 746 ORDER granting #614 Motion for Protective Order. For the reasons stated today on the record, the motion for a protective order is granted to the extent stated on the record. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
January 13, 2021	Filing 745 ORDER: With regard to the application for clarification made in Docket # 738, to which the SEC has responded (Docket # 739), the Court extended the November 16, 2020, discovery deadline only for discovery requests that "were made at a time the request could have been accomplished by [the November 16, 2020] deadline." Docket # 728 at 2. We reject the notion that 15deposition notices served on November 5 and 8 without dates and times as required by Fed. R.Civ. P. 30(b)(1), and without any evidence that dates had been discussed with the proposed deponents, could have been accomplished by November 16, 2020. Discovery had been ongoing for more than a year before November 16, 2020. The defendants took no depositions whatsoever in this period and, as far as the Court can tell, did not even attempt to schedule depositions. All this being said, the Court is prepared to allow a very small number of half-day depositions to be taken by defendants if they are noticed promptly in proper form and after discussion with the deponents and the parties, with any subpoenas being served swiftly and in accordance with law. (As further set forth in this Order.) Each deposition will be limited to four hours. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf)
January 13, 2021	Filing 744 ORDER: With regard to the application made in Docket # 735, 736, 741, the motion for a protective order as to the deposition of Mark Walter is granted in light of his apparent lack of unique personal knowledge of the issues in this case, the ability to obtain information from other sources, and the Court's consideration of the factors in Fed. R. Civ. P. 26(b)(1), including the importance of the discovery and the burden on Walter. In the unlikely event future depositions show unique personal knowledge of Walter, the application may be renewed. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf)
January 13, 2021	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 1/13/2021 re: #614 MOTION for Protective Order and Notice of Motion. filed by United States Securities and Exchange Commission. See transcript. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (rch)
January 12, 2021	Filing 743 OPPOSITION BRIEF re: #720 Objection (non-motion) Plaintiff's Memorandum of Law in Opposition to Objection to Magistrate Judge's Order Denying Motion to Compel Documents. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
January 12, 2021	Filing 742 MEMORANDUM OF LAW in Opposition re: #715 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
January 11, 2021	Filing 741 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated January 11, 2021 re: Reply in further support of request for pre-motion conference in anticipation of motion to quash non-party deposition subpoena served on Mark Walter. Document filed by Los Angeles Dodgers LLC..(Webb, Dan)
January 11, 2021	Filing 740 MEMORANDUM OF LAW in Opposition re: #733 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
January 11, 2021	Filing 739 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 01/11/2021 re: Response to Supplemental Request for Clarification (Doc. # 738). Document filed by United States Securities and Exchange Commission..(Williams, Mark)
January 7, 2021	Filing 738 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim and George Lambert dated January 7 2021 re: Request for Clarification of Discovery Order. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
January 5, 2021	Filing 737 ORDER: The Los Angeles Dodgers may file a reply to docket # 736 on or before January 11,2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/05/2021) (ama)
January 5, 2021	Filing 736 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated January 5, 2021 re: Response to Request for Pre-Motion Conference re: Motion to Quash Mark Walter Deposition Subpoena [Docket 735]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
January 4, 2021	Filing 735 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated January 4, 2021 re: Request for pre-motion conference on anticipated motion to quash non-party deposition subpoena served on Mark Walter. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Declaration of Mark Walter).(Webb, Dan)
December 29, 2020	Filing 734 RESPONSE Intervenor Plaintiffs' Response to Objection to Magistrate Judge's Order Denying Motion for Stay. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
December 28, 2020	Filing 733 Objection re: #713 Order on Motion to Stay,,, . Document filed by Mykalai Kontilai..(Heim, Robert)
December 22, 2020	Filing 732 BRIEF re: #722 Brief RESPONSE TO PLAINTIFF SECS POST-HEARING BRIEF. Document filed by Mykalai Kontilai..(Heim, Robert)
December 22, 2020	Filing 731 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated December 22, 2020 re: Request for Order to File Under Seal. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 22, 2020	Filing 730 BRIEF in Response to Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion #723 . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 18, 2020	Filing 729 LETTER addressed to Judge Victor Marrero from Stanley Morris dated December 18, 2020 re: Rule 72 Objections (DE 715 & 720). Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Correspondence with Plaintiff).(Morris, Stanley)
December 18, 2020	Filing 728 MEMO ENDORSEMENT on re: #726 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Perhaps incorrectly, the Court viewed the original application as seeking an extension of the deadline to complete discovery that had already been noticed (and that the only reason the defendants did not join the application was because they wanted an agreement to exceed the 10-deposition limit). It was the Court's intention in granting the extension to enlarge the deadline for all parties -- but only as to discovery requests that had been made prior to the November 16 deadline and that were made at a time the request could have been accomplished by that deadline. If defendants seek discovery beyond this, they are obviously free to make an application for such relief. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/18/2020) (cf) Modified on 12/18/2020 (cf).
December 18, 2020	Filing 727 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 12/18/2020 re: Collector's Coffee Inc.'s Request for Clarification. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (email)).(Williams, Mark)
December 17, 2020	Filing 726 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated December 17, 2020 re: Clarification of Order - Discovery Deadline. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit Correspondence with SEC).(Morris, Stanley)
December 17, 2020	Filing 725 MEMO ENDORSEMENT on re: #724 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Request Granted. The SEC's responses are do January 12, 2021. So Ordered. (Responses due by 1/12/2021) (Signed by Judge Victor Marrero on 12/17/2020) (js)
December 16, 2020	Filing 724 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated December 16, 2020 re: Motion for Extension of Deadlines to Respond to Defendants' Objections to Nondispositive Orders (Doc. # 715 & 720). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 15, 2020	Filing 723 BRIEF Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion. Document filed by Mykalai Kontilai..(Heim, Robert)
December 15, 2020	Filing 722 BRIEF Plaintiff's Post-Hearing Brief in Support of Its Motion for Contempt and Sanctions. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 15, 2020	Filing 721 DECLARATION of Stanley C. Morris in Support re: #720 Objection (non-motion). Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Excerpts of Gail Holt Deposition, #2 Exhibit 2 Email From Magistrate Judge).(Morris, Stanley)
December 15, 2020	Filing 720 Objection re: #685 Memorandum & Opinion, Objection Pursuant to Rule 72 to December 1, 2020 Order (DE 685). Document filed by Collector's Coffee Inc...(Morris, Stanley)
December 14, 2020	Filing 719 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/8/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
December 14, 2020	Filing 718 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/8/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
December 14, 2020	Filing 717 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
December 14, 2020	Filing 716 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
December 14, 2020	Filing 715 Objection re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)
December 14, 2020	Filing 714 BRIEF re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)
December 11, 2020	Filing 713 ORDER: denying #635 Letter Motion to Stay. Inasmuch as two of the central reasons for staying civil actions pending criminal proceedings the risk that the defendant will be forced to invoke his Fifth Amendment privilege to his detriment in the civil case and the fact that the criminal case may beexpeditiously resolved do not apply here, and because our analysis otherwise strongly points to denying a stay, Kontilai's motion (Docket # 635) is denied. The calculus might change (a) if Kontilai returned to face the charges or (b) when the case reaches the trial stage (assuming Kontilai plans to testify). Thus, the application is denied without prejudice to renewal if either of these two events occurs. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2020) (ama)
December 11, 2020	Filing 712 NOTICE TO THE PARTIES: This Notice is issued solely to inform the parties that on December 11, 2020, at approximately 9:21 a.m., an individual identifying himself as John Dougan telephoned Chambers. The call was answered by a law clerk. Mr. Dougan stated to the law clerk that he was calling from overseas and needed to file an amicus brief in this case, but did not have access to ECF. He asked if the Court accepted filings by email. The law clerk informed Mr. Dougan that the Court did not accept any filings by email and ended the phone call. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2020) (cf)
December 10, 2020	Filing 711 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Motions Proposed in Dkt. Nos. 398 and 416. Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Victor Marrero on 12/10/2020) (ama) Modified on 12/11/2020 (ama).
December 10, 2020	Filing 710 ORDER: The Court will render an oral decision on the pending motion for a protective order (Docket # 614) on Wednesday, January 13, 2021, at 4:00 p.m. in a proceeding to be held by telephone. Any party to the motion shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) (As further set forth in this Order.) ( Telephone Conference set for 1/13/2021 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/2020) (cf)
December 9, 2020	Filing 709 ORDER: Before the Court is a November 23, 2020, request by Defendant Mykalai Kontilai, that I recuse myself from this action. On November 30, 2020, Intervenor Plaintiffs and Intervenor Defendant, The Jackie Robinson Foundation, Inc., filed letters in opposition to Mr. Kontilai's request, and on December 3, 2020, Plaintiff filed a letter in opposition to Mr. Kontilai's request. Mr. Kontilai's request is construed as a motion for recusal pursuant to 28 U.S.C. 455. While there is currently no conflict based on which my "impartiality might reasonably be questioned," United States v. Bayless, 201 F.3d 116, 126 (2d Cir. 2000), for the reasons discussed herein, including the avoidance of any appearance of impropriety, the motion is granted. Although Mr. Kontilai delayed in making this motion, there are factors that mitigate against a finding that the motion is untimely. First, there has been no final entry of judgment in this case. Second, there will be no waste of judicial resources or delay in day-to-day proceedings as a result of reassignment because the case continues to be under the supervision of Judge Gorenstein. Accordingly, Mr. Kontilai's motion for recusal is granted. The case shall be assigned to another judge by the Court's random selection process. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 12/9/2020) (jca)
December 9, 2020	NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Lorna G. Schofield is no longer assigned to the case..(wb)
December 8, 2020	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held and concluded on 12/8/2020. (rch)
December 7, 2020	Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held on 12/7/2020. (rch)
December 7, 2020	Filing 708 ORDER: The hearing scheduled for December 7, 2020, and December 8, 2020, at 9:00 a.m. will take place by remote means. Any member of the public may listen to the proceedings by dialing as follows: Monday, December 7, 2020: Dial: (929) 251-9612 or (415) 527-5035Meeting number (access code): 199 177 1907Passcode: 598 962 56Tuesday, December 8, 2020:Dial (929) 251-9612 or (415) 527-5035Meeting number (access code): 199 976 7929Passcode: 367 553 94. The recording or dissemination of this proceeding by any electronic means (such as audio or video) is strictly prohibited. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/7/2020) (rch)
December 7, 2020	Filing 707 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 7, 2020 re: Adding Witness E. Killian to Defendant's Witness List. Document filed by Mykalai Kontilai..(Heim, Robert)
December 4, 2020	Filing 706 MEMORANDUM ORDER re: #683 Letter: As reflected above, Kontilai has shown no need to examine an SEC lawyer as to any topic except as may be described above. This essentially disposes of the application and we do not find it necessary to reach the other Friedman factors. Accordingly, the SEC's application to preclude Kontilai from calling as witnesses SEC lawyers at the contempt hearing (Docket # 683) is granted to the extent stated above. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)
December 4, 2020	Filing 705 MEMO ENDORSEMENT on re: #701 Letter filed by Mykalai Kontilai ENDORSEMENT: Application denied. Testimony by an attorney as to legal issues (such as the appropriateness of a preclusion remedy or whether alleged conduct violated Colorado regulations), assuming arguendo these issues are even relevant to this proceeding, is not admissible. See generally Highland Capital Mgt., L.P. v. Schneider, 379 F. Supp. 2d 461, 469-73 (S.D.N.Y. 2005). Rather, it is for the Court to determine any such issues. As a result, there is no need for any additional hearing date. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)
December 4, 2020	Filing 704 ORDER re: #675 Letter filed by Mykalai Kontilai: With regard to Mykalai Kontilai's application (Docket # 675; see also Docket # 687), fora stay of this case pending appeal of the order appearing at Docket # 658, his application makesno sense and is denied, as further set forth in this order. The application for a stay pending the appeal of Docket # 658 is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)
December 3, 2020	Filing 703 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Motion for Stay Pending Criminal Proceedings is Fully Submitted. Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020	Filing 702 REPLY MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020	Filing 701 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Request to Allow Witness To Testify in Contempt Hearing After December 8. Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020	Filing 700 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Need for Russian Interpreter. Document filed by Mykalai Kontilai..(Heim, Robert)
December 3, 2020	Filing 699 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Motion In Limine. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kopylov Declaration).(Heim, Robert)
December 3, 2020	Filing 698 JOINDER to join re: #697 Opposition Brief, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
December 3, 2020	Filing 697 OPPOSITION BRIEF re: #662 Objection (non-motion) Plaintiff's Response To Defendant Mikalai Kontilai's Objection to Magistrate Judge's Order Denying Motion for Recusal [F.R.C.P. 72]. Document filed by United States Securities and Exchange Commission..(McKenna, Stephen)
December 3, 2020	Filing 696 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated December 3, 2020 re: Response to Kontilai's Request for Emergency Motion Conference for Stay Pending Appeal (Doc. # 675). Document filed by United States Securities and Exchange Commission..(Williams, Mark)
December 3, 2020	Filing 695 LETTER addressed to Judge Lorna G. Schofield from Terry R, Miller, Esq. dated December 3, 2020 re: Response to Kontilais application for disqualification (Dkt. No. 661). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
December 3, 2020	Filing 694 MEMO ENDORSEMENT on re: #692 Letter filed by Mykalai Kontilai. ENDORSEMENT: Pursuant to 28 U.S.C. 1827, the Interpreters Office of the Southern District of New York is directed to provide an interpreter for this witness. The witnesss testimony is hereby scheduled for 10:30 a.m. on Tuesday, December 8, 2020. If necessary, the Court will take a break from the testimony of any other testifying witness to hear from Amparo Sanchez at that time. ( Status Conference set for 12/8/2020 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/3/2020) (cf)
December 2, 2020	Filing 693 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 2, 2020 re: Opposition to SEC Motion In Limine. Document filed by Mykalai Kontilai..(Heim, Robert)
December 2, 2020	Filing 692 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 2, 2020 re: Interpreter. Document filed by Mykalai Kontilai..(Heim, Robert)
December 1, 2020	Filing 691 NOTICE of Additional Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kontilai Deposition Designations).(Heim, Robert)
December 1, 2020	Filing 690 NOTICE of Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Gail Holt Deposition).(Heim, Robert)
December 1, 2020	Filing 689 NOTICE of OF DEPOSITION DESIGNATIONS FOR DECEMBER 7-8, 2020, CONTEMPT HEARING. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Michael Rosten Deposition Designations, #2 Gail Holt Deposition Designations, #3 Veronica Kontilai Deposition Designations, #4 Veronica Kontilai Deposition Designations, #5 Mykalai Kontilai Deposition Designations, #6 Mykalai Kontilai Deposition Designations).(Miller, Terry)
December 1, 2020	Filing 688 MEMO ENDORSEMENT: on re: #686 Letter filed by Mykalai Kontilai. ENDORSEMENT: Counsel is correct that the Court will supply an interpreter for the witness, assuming the witness does not speak English sufficiently. The interpreter will simultaneously translate by telephone. (The witness should still appear by video, with microphone/speaker on mute.) On or before December 2, 2020, counsel shall file a letter that (1) verifies that the witness is not sufficiently fluent in English to testify; (2) provides a phone number where thewitness can be reached; and (3) provides the date (presumably Tuesday, December 8, 2020) and approximate time the witness is expected to testify. (If appropriate, counsel may redact the phone number and fax an unredacted version of the letter to Chambers.) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/01/2020) (ama)
December 1, 2020	Filing 687 MEMO ENDORSEMENT on re: #675 Letter filed by Mykalai Kontilai. ENDORSEMENT: This Order vacates the prior November 30, 2020, Order at Docket No. 681. The application is deemed addressed to Judge Gorenstein. Defendant Mykalai Kontilai's anticipated motion to stay pending appeal of the Order at Docket No. 658 falls within the Order of Reference to a Magistrate Judge at Docket No. 51, referring general pre-trial supervision to Judge Gorenstein. See 28 U.S.C. 636(b)(1) (A) (providing that "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court," with the exception of certain dispositive motions). (Signed by Judge Lorna G. Schofield on 12/1/2020) (rro)
December 1, 2020	Filing 686 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 1, 2020 re: Need For Interpreter. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Web Site FAQ).(Heim, Robert)
December 1, 2020	Filing 685 OPINION & ORDER re: #554 MOTION to Compel Securities and Exchange Commission to Produce. For the foregoing reasons, CCI's Motion to Compel (Docket # 554) is denied. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/2020) (cf)
December 1, 2020	Filing 684 ORDER: The hearing scheduled for December 7, 2020, and December 8, 2020 will take place byremote means. Any member of the public may listen to the proceedings by dialing as follows: Monday, December 7, 2020: Dial: (929) 251-9612 or (415) 527-5035 Meeting number (access code): 199 177 1907 Tuesday, December 8, 2020: Dial (929) 251-9612 or (415) 527-5035 Meeting number (access code): 199 976 7929 The recording or dissemination of this proceeding by any electronic means (such as audio or video) is strictly prohibited. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/2020) (cf)
November 30, 2020	Filing 683 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 30, 2020 re: SEC Motion in Limine to Exclude Testimony from SEC Counsel. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 30, 2020	Filing 682 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 30, 2020 re: Public Access and Participants in Remote Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 30, 2020	Filing 681 Vacated as per Judge's Order dated 12/1/2020, Doc. #687 MEMO ENDORSEMENT: on re: #675 Letter filed by Mykalai Kontilai. ENDORSEMENT: The application is deemed addressed to Judge Gorenstein. Defendant Mykalai Kontilai's anticipated motion to stay pending appeal of the Order at Docket No. 658 is non-dispositive and falls within the Order of Reference to a Magistrate Judge at Docket No. 51, referring general pre-trial supervision to Judge Gorenstein. In re: Ex parte Application of Iraq Telecom Ltd. for an Expedited Order to Take Discovery Pursuant to 28 U.S.C. 1782, No. 18 Misc. 458, 2020 WL 1047036, *1 (S.D.N.Y. Mar. 4, 2020) (treating a motion to stay as a non-dispositive motion); Crane v. Poetic Prods. Ltd., 549 F.Supp.2d 566, 568 (S.D.N.Y. Apr. 23, 2008) (explaining that a "motion to stay is non-dispositive and therefore within the scope of [a] general pretrial referral..."); see also Fed. R. Civ. P. 59 (providing that "[a] district judge may refer to a magistrate judge for determination any matter that does not dispose of a charge or defense"). (Signed by Judge Lorna G. Schofield on 11/30/2020) (ama) Modified on 12/1/2020 (rro).
November 30, 2020	Filing 680 LETTER addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 661]. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
November 30, 2020	Filing 679 ORDER: We consider in this Order the parties' letters docketed as # 625, 627, 631, 633, 634, 638,644 and 659. With regard to the application of Mykalai Kontilai and Collector Coffee, Inc. ("CCI") to take depositions in excess of the presumptive limit contained in Fed. R. Civ. P. 30(a)(2)(A)(i)(Docket # 627), the Court addressed this issue on July 8, 2020 (Docket # 433) when it ruled on an application by CCI (in Docket # 420) to expand the number of depositions. In the July 8 Order, the Court noted that CCI had failed to provide sufficient information to be granted such an order. It concluded by stating: And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2020) (ama)
November 30, 2020	Filing 678 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Emergency Motion Conference for Stay Pending Appeal [Docket No. 675]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 30, 2020	Filing 677 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 661]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 27, 2020	Filing 676 MEMORANDUM OF LAW in Opposition re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 26, 2020	Filing 675 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 26, 2020 re: Stay Pending Appeal. Document filed by Mykalai Kontilai..(Heim, Robert)
November 26, 2020	Filing 674 RESPONSE in Opposition to Motion re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 26, 2020	Filing 673 NOTICE of Joinder in Notice of Appeal under 28 U.S.C. Section 1292 re: #663 Notice of Interlocutory Appeal,. Document filed by Veronica Kontilai..(Lambert, George)
November 25, 2020	Filing 672 MEMO ENDORSEMENT denying #671 Letter filed by Mykalai Kontilai. To ensure that parties properly prepare for the contempt hearing, which is imminent, and because the application is plainly deficient if not frivolous, the Court will rule on it without hearing from the SEC. The application is therefore denied. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/25/2020) (GWG)
November 25, 2020	Filing 671 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 25, 2020 re: Postponing Contempt Hearing Pending Appeal. Document filed by Mykalai Kontilai..(Heim, Robert)
November 24, 2020	Filing 670 NOTICE of Errata re: #647 Trial Brief. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Trial Brief).(Heim, Robert)
November 24, 2020	Filing 669 NOTICE of Errata re: #646 Proposed Findings of Fact. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Proposed Findings).(Heim, Robert)
November 24, 2020	Filing 668 MEMO ENDORSEMENT on re: #662 Objection (non-motion) filed by Mykalai Kontilai. ENDORSEMENT: Plaintiff shall file a response to Defendant Mykalai Kontilai's objection to Judge Gorenstein's order at Docket No. 655 (Dkt. No. 662), by December 3, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 11/24/2020) (va)
November 24, 2020	Filing 667 MEMO ENDORSEMENT on re: #661 Letter Request for Recusal filed by Mykalai Kontilai. ENDORSEMENT: By December 3, 2020, Plaintiff shall file a responsive letter. So Ordered. (Signed by Judge Lorna G. Schofield on 11/24/20) (yv)
November 24, 2020	Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #663 Notice of Interlocutory Appeal. (tp)
November 24, 2020	Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #663 Notice of Interlocutory Appeal, filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)
November 23, 2020	Filing 666 Exhibit List Amended. Document filed by Mykalai Kontilai..(Heim, Robert)
November 23, 2020	Filing 665 Exhibit List . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- SEC's Exhibit List, #2 Exhibit 2- Defendants' Exhibit List).(Miller, Terry)
November 23, 2020	Filing 664 WITNESS LIST. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Defendant's Witness List, #2 Exhibit 2- Defendant's Expert Witness List).(Miller, Terry)
November 23, 2020	Filing 663 NOTICE OF INTERLOCUTORY APPEAL from #658 Order on Motion for Conference,,,. Document filed by Mykalai Kontilai. Filing fee $ 505.00, receipt number ANYSDC-22713867. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Appendix Order of November 20, 2020).(Lambert, George)
November 23, 2020	Filing 662 Objection re: #655 Order, . Document filed by Mykalai Kontilai..(Heim, Robert)
November 23, 2020	Filing 661 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 23, 2020 re: Request for Recusal. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Email).(Heim, Robert)
November 23, 2020	Filing 660 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated November 23, 2020 re: Request for Order to Permanently Seal Docket No. 453-5. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Dkt. No. 453-5 Redacted).(Miller, Terry)
November 23, 2020	Filing 659 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 23, 2020 re: Fugitive Disentitlement Doctrine. Document filed by Mykalai Kontilai..(Heim, Robert)
November 20, 2020	Filing 658 ORDER terminating #613 Letter Motion for Conference. It is hereby ORDERED that the Asset Freeze covers all of "[t]he assets, funds, or other property held by or under the direct or indirect control of Defendants Collectors Caf or Mykalai Kontilai... up to the amount of $46,121,649.68," but gives Mr. Kontilai the opportunity to "seek leave from th[e] order upon a proper showing." See Dkt. No. 12, 3 and 5/10. It is further ORDERED that Defendants have failed to make a proper showing and, for the reasons outlined below, their request to use funds subject to the Asset Freeze is DENIED. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the motion at Docket No. 613. (Signed by Judge Lorna G. Schofield on 11/20/2020) (cf)
November 19, 2020	Filing 657 REPLY to Response to Motion re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by United States Securities and Exchange Commission..(McKenna, Stephen)
November 19, 2020	Filing 656 ORDER: The Court writes to clarify and correct portions of the Order issued November 17, 2020 (Docket # 649). With regard to the statement in paragraph 1 that "Counsel should call Chambers to obtain the email address," this sentence refers only to counsel for the SEC, which is hosting the platform. Other counsel should not call Chambers to obtain an email address. The SEC isresponsible for providing login information/credentials to all parties and the Court. Paragraph 2 currently states that "No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court via email a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing." This portion of paragraph 2 is corrected to read: "No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court, via a letter filed on ECF, a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing." The Court notes that each attorney is responsible for having an accurate email address and phone number for any witness called by that attorney.SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2020) (ama)
November 19, 2020	Filing 655 ORDER: For the reasons stated above, I see no basis on which I could lawfully recuse myself. I therefore deny the application to recuse (Docket # 640). And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2020) (ama)
November 18, 2020	Filing 654 ORDER. Mykalai Kontilai is given leave to respond to the SEC's letter (Docket # 633) on the issue of the application of the fugitive disentitlement doctrine to his requests in Docket # 627. The response shall be filed as soon as practicable and in any event no later than November 23, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/18/2020) (Gorenstein, Gabriel)
November 17, 2020	Filing 653 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer, Esq. dated November 17, 2020 re: JRF's Response to Defendant Kontilai's Request for Recusal (ECF No. 640). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
November 17, 2020	Filing 652 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 17, 2020 re: SEC Response to Kontilais request for Recusal (Doc. # 640). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 17, 2020	Filing 651 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 17, 2020 re: Response to SEC Letter re Criminal Counsel Fees. Document filed by Mykalai Kontilai..(Heim, Robert)
November 17, 2020	Filing 650 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 17, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 640]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 17, 2020	Filing 649 ORDER ON VIRTUAL HEARING PROCEDURES: IT IS HEREBY ORDERED THAT: Telephonic and Videoconferencing Solutions. The hearing shall take place virtually using the WebEx platform hosted by the SEC. All counsel and any testifying party who participate in the hearing shall participate in a pre-trial technology testing session on November 30, 2020, at noon EST by connecting to a WebEx conference hosted by the SEC from the same location and equipment counsel and any testifying party will use to attend the hearing and remaining connected until counsel for all parties confirm that they can see and hear all other participants. The SEC shall provide login credentials to the parties, counsel (for use by counsel and/or witnesses called by counsel) and to the Court (and its personnel) in advance. In addition to Judge Gorenstein, two law clerks, a deputy clerk and a court reporter will participate in the test and the hearing. Only the Judge will appear by video camera. The others will need to participate by telephone and will also need to see the video feed. Thus, an option for participation by telephone (with a method for viewing the video feed) should be provided for the clerks and the court reporter. The logins may be emailed to one of the law clerks. (Counsel should call Chambers to obtain the email address.) For both the test and the hearing, the SEC should assign an individual to operate the system and to take direction from the Court when necessary. Access. No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court via email a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing. The public is invited to attend the hearing on a non-speaking basis by utilizing a dial-in number that will beprovided on the docket. The SEC shall file a letter on that date providing the public dial-in number. To the Court. The parties must file a listing of witnesses and proposed exhibits on or before November 23, 2020 (Plaintiff shall use numbers to designate exhibits. Defendant shall use letters). Copies of those marked exhibits shall be provided to the Court in.pdf form on a CD-ROM disk mailed to or delivered to chambers on November 23, 2020. Audio files will be delivered on the CD-ROM disk in.wav form. Demonstrative exhibits shall be provided to the Court in.pdf form on a CD-ROM disk mailed to or delivered to chambers on December 3, 2020. The parties must serve their opposing side with copies of these submissions. The parties shall file any deposition designations on or before December 1, 2020. And as set forth herein., ( Deposition due by 12/1/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2020) (ama)
November 17, 2020	Filing 648 ORDER: With regard to Docket # 639 and 643, defendants state that they are unable to pay for the Zoom platform they have proposed and the Court is aware that many governmental agencies have found security deficits in the Zoom platform. Accordingly, the Court will not require the use of Zoom at this time. In light of the representation that the WebEx platform has already been used by the SEC and by the parties to this case, and given that defendants counsel has not provided a compelling reason why it should not be used, the Court finds that WebEx is an appropriate platform. The Court assumes that it can be easily accessed with a web link. Accordingly, the proposed Order proffered by the SEC will be issued with minor changes. Finally, with regard to defendant's location (discussed in Docket # 642), it is odd for a party in his sworn statement to seek to have the Court make a ruling. The Court assumes that defendant's attorneys have satisfied themselves that he can legally appear from Russia for the hearing. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2020) (ama)
November 16, 2020	Filing 647 TRIAL BRIEF . Document filed by Mykalai Kontilai..(Heim, Robert)
November 16, 2020	Filing 646 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)
November 16, 2020	Filing 645 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 16, 2020	Filing 644 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 16, 2020 re: SEC response to Veronica Kontilai's application to enlarge discovery. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 16, 2020	Filing 643 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 16, 2020 re: Contempt Hearing Procedures. Document filed by Mykalai Kontilai. (Attachments: #1 Text of Proposed Order Text of Proposed Order on procedures for remote contempt hearing).(Heim, Robert)
November 16, 2020	Filing 642 AFFIDAVIT of MYKALAI KONTILAI re: #609 Order,,,,,,,,,,,,,,, dated October 30, 2020. Document filed by Mykalai Kontilai..(Lambert, George)
November 15, 2020	Filing 640 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 15, 2020 re: Disqualification. Document filed by Mykalai Kontilai..(Heim, Robert)
November 13, 2020	Filing 641 MEMO ENDORSEMENT on re: #632 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: By November 17, 2020, Defendants shall file a responsive letter addressing Plaintiff's arguments included in the responsive letter at Docket No. 632, and including any relevant evidence. The Court is likely to decide this issue on the parties' submissions. (Signed by Judge Lorna G. Schofield on 11/13/2020) (cf)
November 13, 2020	Filing 639 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 13, 2020 re: Proposed Order for remote contempt hearing procedures. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order on procedures for remote contempt hearing).(Miller, Terry)
November 13, 2020	Filing 638 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated November 2, 2020 re: Clarification of Factual Errors. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 CCI Depositions Taken, #2 Exhibit 2 CCI Noticed Depositions).(Morris, Stanley)
November 12, 2020	Filing 637 DECLARATION of Robert Heim in Support re: #635 MOTION to Stay Pending Criminal Proceedings.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Colorado Indictment, #2 Exhibit Nevada Indictment, #3 Exhibit Press Release, #4 Exhibit Wanted Poster).(Heim, Robert)
November 12, 2020	Filing 636 MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)
November 12, 2020	Filing 635 MOTION to Stay Pending Criminal Proceedings. Document filed by Mykalai Kontilai..(Heim, Robert)
November 12, 2020	Filing 634 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 12, 2020 re: Response to Defendant Mykalai Kontilai's Request For Additional Discovery [Dkt. 627] As Well As Response To The Joinder In That Request Filed By Veronica Kontilai [Dkt. 631]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 12, 2020	Filing 633 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 12, 2020 re: Response to Defendants request for additional discovery (Doc. # 627). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 12, 2020	Filing 632 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated November 12, 2020 re: Response to Request for Pre-motion Conference re Asset Freeze Order [Dkt. # 612]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 12, 2020	Filing 631 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, attorney for Relief Defendant Veronica Kontilai dated November 12, 2020 re: Joinder in Letter for Mykalai Kontilai, of November 9, 2020, Dkt 627. Document filed by Veronica Kontilai..(Lambert, George)
November 11, 2020	Filing 630 MEMORANDUM OF LAW in Opposition re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1 Pages from Holt Deposition).(Heim, Robert)
November 11, 2020	Filing 629 DECLARATION of Stanley C. Morris in Opposition re: #614 MOTION for Protective Order and Notice of Motion.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Excerpts of Gail Holt Deposition, #2 Exhibit Proffer Agreements).(Morris, Stanley)
November 11, 2020	Filing 628 MEMORANDUM OF LAW in Opposition re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by Collector's Coffee Inc...(Morris, Stanley)
November 9, 2020	Filing 627 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 9, 2020 re: Discovery Extension and Additional Depositions. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc., Mykalai Kontilai..(Heim, Robert)
November 9, 2020	Filing 626 TRIAL BRIEF re Contempt Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 9, 2020	Filing 625 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 9, 2020 re: Request for clarification of discovery order (Doc. # 624). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 9, 2020	Filing 624 MEMO ENDORSEMENT: on re: #616 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The request to extend deadlines in this case is granted as follows. The deadline in paragraph III.d of Docket 124 (as extended by Docket # 212, 406, 433, 513) is extended to January 20, 2021. The deadline in paragraph 111.e is extended to February 19, 2021. The deadline in paragraph III.f is extended to February 26, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/09/2020) (ama)
November 9, 2020	Set/Reset Deadlines: Discovery due by 1/20/2021. (ama)
November 6, 2020	Filing 623 ORDER re: #622 Letter filed by Mykalai Kontilai. Obviously, the pendency of the application for a stay does not affect any party's responsibility to comply with any obligations or deadlines. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/06/2020) (Gorenstein, Gabriel)
November 6, 2020	Filing 622 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 6, 2020 re: Motion for Stay of Case. Document filed by Mykalai Kontilai..(Heim, Robert)
November 6, 2020	Filing 621 ORDER: denying #452 Motion for Sanctions. ORDERED that, Defendant Mykalai Kontilai's objections to the October 15, 2020 Order at Docket No. 452 are DENIED as untimely. Defendant did not properly file his objections untilNovember 6, 2020, more than 14 days after the October 15, 2020, Order was issued. In addition, Defendant could have corrected his filing error within the time for filing objections to October 15, 2020, Order at Docket No. 452, but instead, waited until November 6, 2020, to file objections. (Signed by Judge Lorna G. Schofield on 11/06/2020) (ama)
November 6, 2020	Filing 620 MEMO ENDORSEMENT on re: #617 Letter filed by Mykalai Kontilai. ENDORSEMENT: "A decision on a motion to stay is non-dispositive," McGowan v. Green, No. 03 Civ. 5400, 2010 WL 2891183 at *4 (S.D.N.Y. July 12, 2010), and thus the relief sought herein is within the Order of Reference. Defendant's statement that he "does not consent to a Magistrate Judge hearing this motion" is irrelevant because the parties' consent to the Court's reference of non-dispositive matters to a magistrate judge is not required. The application is DENIED without prejudice to renewal before Judge Gorenstein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/6/2020) (jca)
November 6, 2020	Filing 619 ORDER: It is hereby ORDERED that, by November 12, 2020, the parties shall meet and confer to attempt to resolve any issues regarding Defendants use of certain funds for hiring criminal defense and extradition counsel and criminal defense experts of his choice, and based on the results of the parties meet and confer, either (i) the parties shall file a stipulation regarding the scope of the Temporary Restraining Order or (ii) Plaintiff shall file a responsive letter to the request for clarification in the pre-motion letter at Docket No. 612. It is further ORDERED that, any requests regarding dissolution of the Temporary Restraining Order, which in substance, involve consideration of the merits of the Motion for Preliminary Injunction, are referred to Judge Gorenstein pursuant to Docket Nos. 59 and 143 for a final order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/6/2020) (cf)
November 6, 2020	Filing 618 Objection re: #594 Order,, #605 Appeal of Magistrate Judge Decision to District Court . Document filed by Mykalai Kontilai..(Heim, Robert)
November 5, 2020	Filing 617 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 5, 2020 re: Motion to Stay Civil Case. Document filed by Mykalai Kontilai..(Heim, Robert)
November 4, 2020	Filing 616 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 4, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
November 3, 2020	Filing 615 MEMORANDUM OF LAW in Support re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Topics List, #2 Exhibit 2- SEC Deposition Proffer, #3 Exhibit 3- Gail Holt Deposition Excerpts, #4 Exhibit 4- Michael Rosten Deposition Excerpts).(Miller, Terry)
November 3, 2020	Filing 614 MOTION for Protective Order and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
November 3, 2020	Filing 613 LETTER MOTION for Conference re: #612 Letter Joinder of Veronica Kontilai to Letter of of Mykalai Kontilai, on relief of lifting assets' freeze, addressed to Judge Lorna G. Schofield from George Lambert, counsel for Veronica Kontilai dated November 3, 2020. Document filed by Veronica Kontilai..(Lambert, George)
November 1, 2020	Filing 612 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 1, 2020 re: Motion to Lift Asset Freeze/Pay Criminal Defense Counsel Fees. Document filed by Mykalai Kontilai..(Heim, Robert)
November 1, 2020	Filing 611 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 1, 2020 re: Withdrawal of Request for Premotion Conference. Document filed by Mykalai Kontilai..(Heim, Robert)
October 30, 2020	Filing 610 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 30 2020 re: Preliminary Injunction and Asset Freeze. Document filed by Mykalai Kontilai..(Heim, Robert)
October 30, 2020	Filing 609 ORDER: With regard to the hearing on the SEC's motion for contempt (Docket # 452), the Court rules as follows: (1) The SEC shall provide a trial memorandum or letter on or before November 9, 2020, that describes precisely what additional conduct encompassed by Docket # 497 is the subject of the contempt application and sets forth any applicable law not already part of its motion papers. Defendant Mykalai Kontilai may respond by means of a trial memorandum or letter on or before November 16, 2020. No reply is necessary as the Court expects to permit post-hearing briefing. (2) New York State has imposed quarantine requirements on individuals arriving from a number of states. In addition, infections are on the rise and traveling may impose a serious risk to some individuals. In light of the fact that there are many out-of-state counsel and witnesses, the Court will hold the contempt hearing entirely by remote means. The Court will require a reliable platform. Other judges on this Court have found satisfactory a platform called Trial Graphix. See, e.g., Order, dated October 14, 2020 in Flatiron Acquisition Vehicle LLC v. CSE Mortgage LLC, 17 Civ. 8987 (GHW) (S.D.N.Y.) (Docket # 157). However, the Court is open to any proposal for a reliable platform. The parties will have to pay any costs associated with the platform. If they cannot agree on a manner of payment, the only option may be to postpone the hearing until a time when quarantine restrictions are less onerous. (3) It will be unacceptable for any witness to testify from a car or any location other than a private and quiet room in a home or office. All witnesses must in advance provide the expected location (without a specific address) of their testimony and be available for conferencing by means of a separate phone line during their testimony. The phone number must be provided to the attorney calling that witness. The locations shall be included in the listing of witnesses that shall be filed on November 23, 2020 (see paragraph (7) below). (4) Once the platform is agreed upon, the parties shall provide a jointly proposed Order or competing proposed Orders similar to the order cited in paragraph (2) above; see also Order, dated June 23, 2020 in FGIC v. The Putnam Advisory Company, LLC, 12 Civ. 7372 (LJL)(S.D.N.Y.) (Docket # 322). The proposed Order may also include additional provisions that the parties believe are necessary or appropriate. The proposed Order shall be filed by November 16,2020. (5) The attorneys and any testifying party must participate in a dry run of the platform at least one week in advance of the conference. This requirement may be further fleshed out in the proposed Order. (6) Mykalai Kontilai must provide his testimony from a jurisdiction where it is legally permissible to do so. On or before November 16, 2020, Mykalai Kontilai shall file a sworn statement describing what arrangements he will make to travel to a private room in an appropriate jurisdiction and shall provide the location of the room. (7) The proposed Order shall provide that the parties must file a listing of witnesses and proposed exhibits on or before November 23, 2020. (Plaintiff shall use numbers to designate exhibits. Defendant shall use letters). Any proposed Order shall require that copies of those marked exhibits shall be provided to the Court in pdf form on a CD-ROM disk mailed to or delivered to Chambers on November 23, 2020. The parties may wish to propose separate procedures for potential cross-examination documents as was true in the orders cited in paragraphs (2) and (4) above. The proposed Order shall provide that the parties shall file any deposition designations on or before December 1, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/30/2020) (nb)
October 29, 2020	Filing 608 MEMO ENDORSEMENT on re: #601 Letter filed by Mykalai Kontilai. ENDORSEMENT: This letter requires no action by the Court. This case in any event is referred to Judge Gorenstein for general pretrial supervision. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/29/2020) (jca)
October 28, 2020	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Heim, Robert to RE-FILE Document #605 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection (non-motion) found under the event list Other Answers. (nd)
October 28, 2020	Filing 607 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 28, 2020 re: Proposal for Contempt Hearing. Document filed by Mykalai Kontilai..(Heim, Robert)
October 28, 2020	Filing 606 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 28, 2020 re: SEC proposal on arrangements for contempt hearing. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Excerpts of Mykalai Kontilai Deposition).(Miller, Terry)
October 28, 2020	Filing 605 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #594 Order,,. Document filed by Mykalai Kontilai..(Heim, Robert) Modified on 10/29/2020 (nd).
October 27, 2020	Filing 604 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated October 27, 2020 re: Notification of Submitted Briefs and Request for Hearing. Document filed by Collector's Coffee Inc...(Morris, Stanley)
October 26, 2020	Filing 603 AFFIDAVIT OF SERVICE of Notice of Deposition and Subpoena served on Mary Pradt on October 16, 2020. Service was accepted by Mary Pradt. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
October 24, 2020	Filing 602 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 10.24.2020 re: DE 599 Joinder Response to DE 591. Document filed by Steven C Sessa..(Sessa, Steven)
October 23, 2020	Filing 601 LETTER addressed to Judge Lorna G. Schofield from George Lambert, counsel for Dft Mykalai Kontilai dated October 23, 2020 re: Courtesy copies. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Lambert, George)
October 21, 2020	Filing 600 ORDER FOR ADMISSION PRO HAC VICE: granting #598 Motion for Robert Zachary DeMarco to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/2020) (ama)
October 21, 2020	Filing 599 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 10.21.2020 re: Response to DE591. Document filed by Curtis Alva..(Alva, Curtis)
October 21, 2020	Filing 598 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(DeMarco, Robert)
October 21, 2020	Filing 597 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 21, 2020 re: Dkt 570, Endorsement Order. Document filed by Mykalai Kontilai..(Lambert, George)
October 21, 2020	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #598 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 21, 2020	ORDER denying #596 Motion to Amend/Correct. Counsel must follow the instructions given in the October 20 docket entry as to the name of any renewed motion: "Re-file the motion as a Corrected Motion to Appear Pro Hac Vice." (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)
October 20, 2020	Filing 596 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(DeMarco, Robert)
October 20, 2020	Filing 595 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22225373. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(Chesnoff, David) Modified on 10/20/2020 (vba).
October 20, 2020	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #595 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22225373. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
October 15, 2020	Filing 594 ORDER: The Court concludes that allowing each party six hours for presentation of its case and for any cross-examination of the opposing party's witnesses is sufficient. The parties shall file proposed findings of fact and conclusions of law by November 16, 2020. The hearing shall beheld on December 7 and 8, 2020. The parties shall discuss any arrangements that need to be made for the appearance of witnesses and/or attorneys (and possibly the Court) by video and shall make a joint or separate proposals on this question. The joint or separate proposals described above shall be filed on or before October 28,2020. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/2020) (ama)
October 14, 2020	Filing 593 MEMO ENDORSEMENT: on re: #589 Letter filed by Mykalai Kontilai. ENDORSEMENT: In light of the representation in Docket # 592 that Kontilai's attorney stopped questioning the witness at the deposition at a point when there was time remaining within the 7-hour time period contemplated by Fed. R. Civ. P. 30(d)(1), this application is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/14/2020) (ama)
October 8, 2020	Filing 592 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 8, 2020 re: Response to Doc. # 589 re Deposition of Gail Holt. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
October 8, 2020	Filing 591 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 8, 2020 re: Order dated October 5, Dkt 586. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit A, #2 Exhibit B).(Lambert, George)
October 7, 2020	Filing 590 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joseph Perry dated October 7, 2020 re: Response to Robert Heim's October 6, 2020 Letter (Dkt. 589). Document filed by Gail Herman-Holt..(Perry, Joseph)
October 6, 2020	Filing 589 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 6, 2020 re: Request for Additional Day for Deposition of Gail Holt. Document filed by Mykalai Kontilai..(Heim, Robert)
October 6, 2020	Filing 588 ORDER FOR ADMISSION PRO HAC VICE: granting #583 Motion for Stephen C. McKenna to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/06/2020) (ama)
October 5, 2020	Filing 587 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 10.05.2020 re: Response to DE 582. Document filed by Steven C Sessa..(Sessa, Steven)
October 5, 2020	Filing 586 ORDER: To the extent the purpose of Docket # 582 is to seek relief relating to discovery, the request is denied for failure to comply with paragraph 2.A of the Court's Individual Practices. To the extent it seeks a "stay" of the time to respond to Docket # 497, the request is denied as moot given that the time to respond to that letter expired more than two months ago. While the letter is unclear that Kontilai has made appropriate efforts to obtain from his former attorneys a copy of electronic files produced to the SEC, the Court notes that an obvious method for getting a copy of an electronic file produced to another party is to ask that party to send a copy. On a separate point: in light of the representation in Docket # 585 regarding whether the attorneys held a conference on September 29, 2020, and the description contained in the Declaration of George Lambert dated September 29, 2020 (Docket # 579-1), Mr. Lambert is directed to file letter explaining why it was not misleading to have stated to the Court in his letter of September 29, 2020 (Docket # 579), that "[o]n September 29, 2020, Kontilai's new counsel conducted a conference, at which the latest attempts to get the portions of the representation file be transferred immediately met the usual pretexts to delay such transfers." Mr. Lambert is reminded that a Court relies on representations made in a letter as being completely truthful and accurate and a Court must not be expected to scour attachments to determine whether statements made in a letter are misleading. The filing required by this paragraph shall be made on or before October 9, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2020) (ama)
October 2, 2020	Filing 585 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 10.2.2020 re: Reply to DE 582. Document filed by Curtis Alva..(Alva, Curtis)
October 2, 2020	Filing 584 NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Mykalai Kontilai..(Heim, Robert)
October 2, 2020	Filing 583 MOTION for Stephen C. McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration of Stephen C. McKenna, #2 Certificate of Good Standing, #3 Text of Proposed Order).(McKenna, Stephen)
October 2, 2020	Filing 582 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 2, 2020 re: Plaintiff's Dkt 497, pre-motion letter of plaintiff. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Lambert, George)
October 2, 2020	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #583 MOTION for Stephen C. McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 30, 2020	Filing 581 ORDER: Docket # 579 does not include a proper proposed order to show cause, see Local Civil Rule 7.1(a)(1), and also does not include a proper memorandum of law, see Local Civil Rule 7.1(a)(2). Moreover, it fails to comply with paragraph 2.D of the Court's Individual Practices. The deficiencies are not confined to procedural failings. The Court finds the submission unclear in numerous respects, both factual and legal. Finally, the Court is not convinced that sufficient efforts have been made to arrange a telephone conversation with the former attorneys that might clarify, if not resolve, the dispute. The attorneys shall confer as soon as practicable. The application is denied. Counsel for Mykalai Kontilai shall serve this Order on the former attorneys. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2020) (ama)
September 30, 2020	Filing 580 AFFIDAVIT OF SERVICE of Notice of Deposition and Subpoena served on Peggy Brown on September 26, 2020. Service was accepted by Steve Glazner. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
September 29, 2020	Filing 579 NOTICE of of Compliance with Endorsement Order Dkt 570, of Sept. 13, and Dkt 572, of Sept. 23, 2020 re: #570 Order,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit of George Lambert, #2 Exhibit 1-9, #3 Text of Proposed Order).(Lambert, George)
September 29, 2020	Filing 578 ORDER: Accordingly, the defendants seeking the depositions are directed to provide to the SEC, by October 6, 2020, a listing of each specific topic area that they seek information on as to each witness. The SEC has the option to proffer answers as to any questions by October 13, 2020. If, after this exercise is complete, the defendants still seek to depose any of the SEC witnesses, they shall so inform the SEC in writing by October 20, 2020. At that time, if it is still necessary, the SEC may move for a protective order by letter or formal motion. In the interim, none of the requested depositions shall take place. As to the SECs request for permission to make a motion to Judge Schofield for judgment on the pleadings regarding certain defenses (Docket # 563), the request is denied without prejudice to renewal before the undersigned (see Docket # 573) following the disposition of any application for a protective order, in the event such renewal is necessary. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/29/2020) (cf)
September 28, 2020	Filing 577 ORDER denying as moot #576 Letter Motion for Discovery. Application denied as moot. With respect to future depositions or document-sharing, the question of what commercial platform the parties will use is the sort of issue that parties who are not deliberately trying to waste the time of the Court and their adversaries manage to work out with ease among themselves. The requests for information from the SEC about their use of the platform contained at the end of this letter are tangential to the issues in this case and thus will not be the subject of relief. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2020) (cf)
September 27, 2020	Filing 576 LETTER MOTION for Discovery Issue, addressed to Magistrate Judge Gabriel W. Gorenstein from GEORGE LAMBERT, COUNSEL FOR DFT MYKALAI KONTILAE dated SEPTEMBER 27, 2020. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit of MARK MELTSER, #2 Exhibit 1 to Meltser Affidavit, #3 Exhibit 2 to Meltser Affidavit, #4 Exhibit 3 to Meltser Affidavit, #5 Exhibit 4 to Meltser Affidavit).(Lambert, George)
September 25, 2020	Filing 575 MEMORANDUM OF LAW in Opposition re: #554 MOTION to Compel Securities and Exchange Commission to Produce. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Declaration of Jacqueline M. Moessner, #2 Exhibit 2 Supplemental Privilege Log).(Miller, Terry)
September 23, 2020	Filing 574 MEMO ENDORSEMENT on re: #572 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied without prejudice. Please talk to the other side before asking the Court to issue a ruling. If there is agreement by the parties on the issue, the Court will "so order" any stipulation reached by the parties. If not, the pre-motion conference requirement is waived. Counsel for Mykalai Kontilai is directed to serve a copy of this Order as well as docket # 570 on Messrs. Alva and Sessa immediately. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/23/2020) (ks)
September 23, 2020	Filing 573 MEMO ENDORSEMENT on re: #571 Notice (Other) filed by Mykalai Kontilai. ENDORSEMENT: Pursuant to the Order of Reference to Magistrate Judge at Dkt. No. 51, Plaintiff's request for a pre-motion conference (Dkt. No. 563), is referred to Judge Gorenstein for determination as to whether "the presence of [Defendant Mykalai Kontilai's] defenses is materially affecting the plaintiff's discovery obligations," or whether pursuant to Judge Gorenstein's March 19, 2020, Order, Plaintiff's challenges to Mr. Kontilai's defenses "should await the filing of summary judgment motions at the end of discovery." (Dkt. No. 272). (Signed by Judge Lorna G. Schofield on 9/23/2020) (jca)
September 23, 2020	Filing 572 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 9.23.2020 re: Response to DE 558. Document filed by Mykalai Kontilai..(Alva, Curtis)
September 22, 2020	Filing 571 NOTICE of of Response pursuant to Endorsement Order, Dkt 566 re: #563 Letter,. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Lambert, George)
September 21, 2020	Filing 570 ORDER: The former attorneys for Mykalai Kontilai, Steven Sessa and Curtis Alva, are directed to confer by telephone with George A. Lambert regarding the letter dated September 13, 2020 (Docket # 558). If agreement cannot be reached, the Court's pre-motion conference requirement is waived and Kontilai has leave to submit a proposed Order to Show Cause to the Court (accompanied by a memorandum of law and affidavit). Counsel for Kontilai is directed to serve a copy of this Order on the former attorneys. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)
September 21, 2020	Filing 569 MEMO ENDORSEMENT: on re: #557 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The Court was unable to address this request before today and now rules as follows: 1) Given the complexity of this case and the multiple claims, the application to shorten the length of the deposition is denied. 2) As to the issue of the topics to be raised at the deposition, the topics were made clear months ago and it is thus inexplicable that CCI brought the issue to the Court's attention only five business days before the deposition was scheduled to begin. (This letter was filed long after business hours on the sixth business day before the scheduled date.) Given that any preparation of the witness must necessarily have occurred by now, the Court views the application as moot. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)
September 21, 2020	Filing 568 MEMO ENDORSEMENT on MOTION TO BE RELIEVED AS COUNSEL TO RELIEF DEFENDANT VERONICA KONTILAI: granting #540 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. T. Louis Palazzo is relieved as counsel. SO ORDERED. Attorney Louis Palazzo terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)
September 17, 2020	Filing 567 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated September 16, 2020 re: Protective Order CCI Deposition. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 16, 2020	Filing 566 MEMO ENDORSEMENT on re: #563 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Defendant Mykalai Kontilai shall file a letter response, not to exceed three (3) pages, by September 23, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 9/16/2020) (jca)
September 15, 2020	Filing 565 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated 09/15/2020 re: Response to Defendant Collector's Coffee, Inc.'s letter dated September 11, 2020 requesting a pre-motion conference for a protective order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Williams, Mark)
September 15, 2020	Filing 564 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated September 15, 2020 re: Response to Defendant Collector's Coffee, Inc.'s letter dated September 11, 2020 requesting a pre-motion conference for a protective order. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)
September 15, 2020	Filing 563 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller dated September 15, 2020 re: Application for Pre-Motion Conference on SECs Anticipated Motion for Partial Judgment on the Pleadings Regarding Affirmative Defenses. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 15, 2020	Filing 562 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 15, 2020 re: Request for Conference and Formal Briefing re Doc. # 561. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 15, 2020	Filing 561 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 15, 2020 re: Request for Discovery Conference for Motion for Protective Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Deposition Notice of SEC Counsel, #2 Exhibit 2 Kontilai's Deposition Notice of SEC, #3 Exhibit 3 CCI's Deposition Notice of SEC, #4 Exhibit 4 Excerpt of Gail Holt Deposition).(Miller, Terry)
September 15, 2020	Filing 560 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated September 15, 2020 re: Motion for Protective Order. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
September 14, 2020	Filing 559 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 14, 2020 re: Stipulation on additional time for deposition of Mykalai Kontilai (Doc. # 553). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 13, 2020	Filing 558 LETTER MOTION for Discovery re. transfer of file issue, moving for Court's intervention, addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated September 13, 2020. Document filed by Mykalai Kontilai..(Lambert, George)
September 11, 2020	Filing 557 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated September 11, 2020 re: Protective Order CCI Deposition. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit A Deposition Topics, #2 Exhibit B specific Objections, #3 Exhibit C Meet and Confer Ltr to Counsel).(Morris, Stanley)
September 11, 2020	Filing 556 DECLARATION of Stanley C. Morris in Support re: #554 MOTION to Compel Securities and Exchange Commission to Produce.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Privilege Log, #2 Exhibit 2 Supplement to Privilege Log, #3 Exhibit 3 Declaration of Edward Little, #4 Exhibit 4 Dougan Notes, #5 Exhibit 5 Dougan Notes, #6 Exhibit 6 SEC Correspondence, #7 Exhibit 7 SEC Objections and Responses, #8 Exhibit 8 Judge Loretta Preska Order, #9 Exhibit 9 Dougan).(Morris, Stanley)
September 11, 2020	Filing 555 MEMORANDUM OF LAW in Support re: #554 MOTION to Compel Securities and Exchange Commission to Produce. Documents. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 11, 2020	Filing 554 MOTION to Compel Securities and Exchange Commission to Produce. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 11, 2020	Filing 553 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 11, 2020 re: Request for additional time for deposition of Mykalai Kontilai. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 10, 2020	Filing 552 AFFIDAVIT of MYKALAI KONTILAE re: #537 Order on Motion for Extension of Time,,,,,,,,, . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Lambert, George)
September 10, 2020	Filing 551 NOTICE of Declaration of Stanley C. Morris In Response to Court Order Re Deposition of Collector's Coffee, Inc. re: #537 Order on Motion for Extension of Time,,,,,,,,,. Document filed by Collector's Coffee Inc...(Morris, Stanley)
September 10, 2020	Filing 550 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated September 10, 2020 re: Response re: Deposition of Veronica Kontilai [DE 549]. Document filed by United States Securities and Exchange Commission..(Williams, Mark)
September 9, 2020	Filing 549 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 9.9.2020 re: Discovery conference; protective order. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit 7.18.20 letter from Dr. Saben, #2 Exhibit 9.8.20 letter from Dr. Saben).(Joseph, Peter)
September 9, 2020	Filing 548 ORDER: granting #547 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/09/2020) (ama)
September 9, 2020	Filing 547 LETTER MOTION for Extension of Time for Debevoise & Plimpton LLP to complete its document production addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated September 9, 2020. Document filed by Debevoise & Plimpton LLP..(Tahbaz, Christopher)
September 9, 2020	Filing 546 ORDER ON ADMISSION PRO HAC VICE granting #544 Motion for George Lambert to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/9/2020) (cf)
September 8, 2020	Filing 545 MEMO ENDORSEMENT on re: #542 Letter, filed by United States Securities and Exchange Commission. Application granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/8/2020) (rch)
September 8, 2020	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #544 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice for VERONICA KONTILAI. Filing fee $ 200.00, receipt number ANYSDC-21526307. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 7, 2020	Filing 544 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice for VERONICA KONTILAI. Filing fee $ 200.00, receipt number ANYSDC-21526307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Kontilai. (Attachments: #1 Affidavit with 3 exhibits, #2 Text of Proposed Order).(Lambert, George)
September 4, 2020	Filing 543 MEMO ENDORSEMENT: on re: #542 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: CCI shall respond to this application by letter filed on or before 12 noon on September 8, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/04/2020) (ama)
September 4, 2020	Filing 542 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 4, 2020 re: Request for Extension of Time to Respond to Interrogatories. Document filed by United States Securities and Exchange Commission..(Miller, Terry)
September 2, 2020	Filing 541 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE granting #539 Motion for GEORGE LAMBERT to Appear Pro Hac Vice. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/02/2020) (ama)
September 1, 2020	Filing 540 FIRST MOTION for T. Louis Palazzo to Withdraw as Attorney For Relief Defendant Veronica Kontilai. Document filed by Veronica Kontilai..(Palazzo, Louis)
September 1, 2020	Filing 539 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Affidavit with 3 Certificates).(Lambert, George)
September 1, 2020	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #539 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 31, 2020	Filing 538 NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Veronica Kontilai..(Joseph, Peter)
August 28, 2020	Filing 537 ORDER granting #529 Letter Motion for Extension of Time. The Court has reviewed Docket # 529 and the letters in response (Docket # 533, 534, 535, 536). The Court will permit Kontilai to delay his deposition until September 18, 2020. Kontilai remains obligated to make all arrangements necessary to ensure that the deposition proceeds smoothly. Accordingly, Kontilai must file an affidavit by September 10, 2020, stating all arrangements he has made to ensure the deposition proceeds from Ukraine without interruption (including, but not limited to, the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there). The parties may agree to alter these dates without Court approval. The Court has not previously been asked to schedule of the deposition of Collector's Coffee, Inc. ("CCI"). Given that it cannot be certain whether Kontilai will invoke his Fifth Amendment privilege at some point in the future, CCI is directed to begin preparing now a witness other than Kontilai to testify as the witness designated under Fed. R. Civ. P. 30(b)(6). Presumably, if the ultimate designee is a witness other than Kontilai, the deposition will take place by video in the United States from a location agreed to by the parties. The Court is prepared to accede to a limited adjournment of the planned deposition dates. CCI shall have an authorized person file an affidavit by September 10, 2020, stating who the designee will be and stating all arrangements he or she has made to ensure the deposition proceeds without interruption either from Ukraine, if Kontilai is the designee, or the location in the United States if it is someone else (including, but not limited to, the platform that will be used for the deposition; the precise location where the deposition will take place; the arrangements he or she has made for internet access; and, in the event Kontilai is the designee, the arrangements Kontilai has made to travel). The deposition of CCI shall take place on September 21, 2020, and if necessary, September 22, 2020. The parties may agree to alter these dates without Court approval. SO ORDERED. Deposition due by 9/18/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/28/2020) (ama)
August 27, 2020	Filing 536 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 08/27/2020 re: Docket 535. Document filed by Mykalai Kontilai..(Joseph, Peter)
August 27, 2020	Filing 535 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 27, 2020 re: Supplement to Response to Docket 529 [With My Original Response Being Assigned Docket 534]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 27, 2020	Filing 534 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 27, 2020 re: Docket 529 Position of the Intervenor Plaintiffs and Joinder in Docket 533. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)
August 27, 2020	Filing 533 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated August 27, 2020 re: Response to Defendants Joint Application to Delay Depositions (Doc. # 529). Document filed by United States Securities and Exchange Commission..(Miller, Terry)
August 26, 2020	Filing 532 ORDER: granting #531 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2020) (ama)
August 26, 2020	Filing 531 LETTER MOTION for Extension of Time for Debevoise to complete its document production addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated August 26, 2020. Document filed by Debevoise & Plimpton LLP..(Tahbaz, Christopher)
August 25, 2020	Filing 530 AFFIDAVIT of Mykalai Kontilai in Support re: #529 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 8/25/2020.. Document filed by Mykalai Kontilai..(Joseph, Peter)
August 25, 2020	Filing 529 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 8/25/2020. Document filed by Mykalai Kontilai. Return Date set for 8/27/2020 at 09:00 AM..(Joseph, Peter)
August 25, 2020	Filing 528 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21319081. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit With Exhibits, Certificates of good standing, #2 Text of Proposed Order).(Lambert, George) Modified on 8/25/2020 (vba).
August 25, 2020	Filing 527 NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Mykalai Kontilai..(Joseph, Peter)
August 25, 2020	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #528 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21319081. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA; SUPREME COURT OF MASSACHUSETTS;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
August 20, 2020	Filing 526 MEMO ENDORSEMENT re: #525 Letter, filed by Collector's Coffee Inc. ENDORSEMENT: The Court's pre-motion conference requirement is waived. The motion shall be filed forthwith and shall comply with the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2020) (nb)
August 19, 2020	Filing 525 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated August 19, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Affirmation of Edward Little, #2 Exhibit 2 SEC Privilege Log, #3 Exhibit 3 Gail Holt Proffer Agreement).(Morris, Stanley)
August 19, 2020	Filing 524 ORDER granting #457 Motion to Withdraw as Attorney. ; granting #458 Motion to Withdraw as Attorney. ; granting #462 Motion to Withdraw as Attorney. ; granting #464 Motion to Withdraw as Attorney. ; granting #465 Motion to Withdraw as Attorney. ; granting #466 Motion to Withdraw as Attorney. ; granting #467 Motion to Withdraw as Attorney. ; granting #468 Motion to Withdraw as Attorney. Good cause having been shown, the motions to withdraw (Docket # 457, 458, 462, 464, 465, 466, 467, 468) are granted effective on September 11, 2020, at 12:00 noon. If no new attorney has filed a notice of appearance as of that date and time, defendant Mykalai Kontilai will proceed pro se. Also, if no such notice has been filed, permission to withdraw is conditioned on (1) the filing, in consultation with Kontilai, of a sworn statement by one of the attorneys containing all telephone numbers, postal addresses, and email addresses where Kontilai may be contacted; and (2) an attorney filing a letter that attaches the Court's form, signed by Kontilai, by which a pro se defendant consents to be served electronically. The form is available at: https://www.nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf and will be accepted only in the event Kontilai is required to proceed pro se. The appearance of new counsel and/or any self-representation by Kontilai will have no effect on any deadlines in this matter. While Kontilai's current attorneys are remaining on the case for now, Kontilai should start preparing to represent himself inasmuch as he may be required to proceed pro se beginning on September 11, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/19/2020) (rro)
August 19, 2020	Filing 523 FOURTH MOTION for Curtis S. Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Alva, Curtis)
August 19, 2020	Filing 522 FOURTH MOTION for Steven C. Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Sessa, Steven)
August 18, 2020	Filing 521 NOTICE of Filing re: #517 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Exhibit A - Declaration of Kontilai, #2 Affidavit Exhibit B - Declaration Solopov).(Sessa, Steven)
August 18, 2020	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)

February 24, 2022

Filing 991 Objection re: #988 Report and Recommendations,,, Objection Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Hansel, Cary)

February 23, 2022

Filing 990 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated February 23, 2022 re: Notice of Fully Submitted Motion ( #984 JRF's Motion for Leave to Amend Its Answer to Assert a Counterclaim Against CCI). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

February 23, 2022

Filing 989 REPLY MEMORANDUM OF LAW in Support re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

February 10, 2022

Filing 988 REPORT AND RECOMMENDATION COMBINED WITH OPINION AND ORDER: re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION filed by United States Securities and Exchange Commission. Kontilai's motion to clarify the terms of the asset freeze (Docket # 958) is granted to the extent stated above. As to the SEC's motion to enforce the asset freeze (Docket # 970), we recommend that the motion be granted in part and denied in part as set forth above. Once a ruling is made by the district judge on the motion to enforce, the parties are directed to attempt to agree on the specific terms of an order to effectuate the ruling. The parties shall submit an agreed-upon order (or, if they cannot agree, separate proposed versions) within 7 days of that ruling. Objections to R&R due by 2/24/2022 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2022) (ama)

February 4, 2022

Filing 987 NOTICE of Collector's Coffee, Inc.'s Notice of Errata Regarding Omission of Exhibit 1 to the Opposition of Intervenor-Defendants, The Jackie Robinson Foundation, Inc.'s Motion for Leave to Amend its Answer to Assert a Cross-Claim Against Collector's Coffee, Inc. at Court Document Number 986 re: #986 Memorandum of Law in Opposition to Motion,. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1 Second Circuit Court of Appeal Brief).(Morris, Stanley)

February 2, 2022

Filing 986 MEMORANDUM OF LAW in Opposition re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Collector's Coffee, Inc...(Morris, Stanley)

January 12, 2022

Filing 985 MEMORANDUM OF LAW in Support re: #984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). . Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit A - [Proposed] Amended Answer to the Holders' Amended Complaint in Intervention).(Spitzer, Seth)

January 12, 2022

Filing 984 MOTION to Amend/Correct #353 Answer to Amended Complaint (for Leave to Amend Answer to Assert Crossclaim Against CCI). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

December 29, 2021

Filing 983 MEMO ENDORSEMENT: on re: #980 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed by January 12, 2022. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. So Ordered., ( Motions due by 1/12/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/29/2021) (ama)

December 29, 2021

Filing 982 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated December 29, 2021 re: Request for a pre-motion conference regarding JRF's anticipated motion for leave to amend its answer. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

December 28, 2021

Filing 981 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris, Esq. dated December 28, 2021 re: Response to Jackie Robinson Foundation Letter at Docket #980. Document filed by Collector's Coffee, Inc...(Corrigan, Brian)

December 27, 2021

Filing 980 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated December 27, 2021 re: Request for leave to amend answer to assert a crossclaim against Collectors Coffee, Inc. in the Intervenor Action. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s [Proposed] Crossclaim).(Spitzer, Seth)

December 3, 2021

Filing 979 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated December 3, 2021 re: Notice of Fully Submitted Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

December 3, 2021

Filing 978 REPLY MEMORANDUM OF LAW in Support re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1-Deposition Excerpts).(Miller, Terry)

November 19, 2021

Filing 977 MEMORANDUM OF LAW in Opposition re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Hansel, Cary)

November 17, 2021

Filing 976 DECISION AND ORDER: Accordingly, for the reasons stated above, it is hereby ORDERED that the motion of the plaintiff Securities and Exchange Commission for summary judgment on Count Five of the First Amended Complaint (Dkt. No. 134) is GRANTED, and it is further ORDERED that the motions of the Defendants Mykalai Kontilai and Collector's Coffee Inc. for summary judgment of on Count Five of the First Amended Complaint are DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 11/17/2021) (js)

November 3, 2021

Filing 975 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated November 3, 2021 re: Defendant Collector's Coffee, Inc.'s Notice of Submitted Briefs. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

November 3, 2021

Filing 974 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Reply to Opposition of Jackie Robinson Foundation to Motion to Dismiss Second Cause of Action. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

November 3, 2021

Filing 973 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 3, 2021 re: Notice of Errata. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 1, 2021

Filing 972 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Reply to Opposition of Non-Party Securities and Exchange Commission. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

October 29, 2021

Filing 971 MEMORANDUM OF LAW in Support re: #970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Engagement Letter, #2 Exhibit 2- Email, #3 Exhibit 3- Deposition Excerpts, #4 Exhibit 4- Letter).(Miller, Terry)

October 29, 2021

Filing 970 MOTION TO ENFORCE THE ASSET FREEZE ORDER and NOTICE OF MOTION . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

October 28, 2021

Filing 969 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mykalai Kontilai dated October 28, 2021 re: Legal Malpractice Claim. Document filed by Mykalai Kontilai..(Hansel, Cary)

October 27, 2021

Filing 968 REPLY MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. to Intervenor -Plaintiffs' Opposition. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

October 20, 2021

Filing 967 MEMORANDUM OF LAW in Opposition re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

October 18, 2021

Filing 966 MEMORANDUM OF LAW in Opposition re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

October 15, 2021

Filing 965 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Defendant Mykalai Kontilai dated October 15, 2021 re: Notice of Submitted Briefs. Document filed by Mykalai Kontilai..(Hansel, Cary)

October 15, 2021

Filing 964 REPLY to Response to Motion re: #958 MOTION for clarification of the terms of the asset freeze . . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Hansel, Cary)

October 13, 2021

Filing 963 MEMORANDUM OF LAW in Opposition re: #962 Opposition Brief Memorandum of Law in Support of Intervenor Plaintiffs SDJ Investments, LLC, Adobe Investments, LLC, and Darren Siversten, Trustee of the Siversten Family Trust U/A/D/ 10/01/2002 Opposition to Collector's Coffee, Inc.'s Motion to Dismiss the Second Cause of Action of Intervenor's First Amended Complaint [DE 344] for Failure to Name Collector's Coffee, Inc., an Indispensable Party. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

October 12, 2021

Filing 962 OPPOSITION BRIEF re: #344 Amended Complaint, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

October 8, 2021

Filing 961 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated October 8, 2021 re: Response to Motion to Clarify Temporary Restraining Order (Doc. # 958). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

October 5, 2021

Filing 960 MEMO ENDORSEMENT: on re: #959 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The pre-motion conference requirement for the SEC's proposed motion is waived. The briefing schedule shall be in accordance with paragraph 2.B of the Court's Individual Practices. The request for a conference to "narrow" or "eliminate" the need for defendant's previously-filed motion to clarify is denied. The Court has already stated its view in the context of the contempt motion that "the right to file a lawsuit" that "accrue[s] prior to the entry of the TRO... necessarily comes within the definition of 'asset' in the TRO." (Docket # 767 at 25). The Court does not see how a conference in which the Court repeats this conclusion is of any utility. If the SEC believes that it can successfully oppose the motion to clarify simply by citation to this statement, it is welcome to respond to the motion to clarify with a brief letter if it wishes. So Ordered. Motions terminated: #958 MOTION for clarification of the terms of the asset freeze filed by Mykalai Kontilai. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2021) (ama) Modified on 10/8/2021 (cf).

October 4, 2021

Filing 959 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 4, 2021 re: Request for Leave to File Expanded Motion to Enforce Asset Freeze. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

October 1, 2021

Filing 958 MOTION for clarification of the terms of the asset freeze . Document filed by Mykalai Kontilai. (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N).(Hansel, Cary)

September 30, 2021

Filing 957 DECLARATION of Brian T. Corrigan in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party.. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1 Scott Konop Deposition Excerpt, #2 Exhibit 2 Leigh Nathanson Deposition Excerpt and Exhibits, #3 Exhibit 3 Peter Siegel Deposition Excerpt and Exhibits, #4 Exhibit 4 Della Britton Deposition Excerpt and Exhibits, #5 Exhibit 5 Mark Langill 30(b)(6) Witness Deposition Excerpt and Exhibit).(Morris, Stanley)

September 30, 2021

Filing 956 MEMORANDUM OF LAW in Support re: #955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. . Document filed by Collector's Coffee, Inc...(Morris, Stanley)

September 30, 2021

Filing 955 MOTION to Dismiss The Second Cause of Action of Intervenor's FAC ECF 344 For Failure to Name Collector's Coffee as an Indispensable Party. Document filed by Collector's Coffee, Inc.. Responses due by 10/21/2021.(Morris, Stanley)

September 22, 2021

Filing 954 MEMO ENDORSEMENT on re: #953 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: No objection having been raised, the application is granted. The expert deposition deadline and the deadline for summary judgment motions are adjourned pending resolution of the expected motion to dismiss. The parties shall propose a new schedule within 7 days of the decision on the motion to dismiss. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/22/2021) (tg)

September 21, 2021

Filing 953 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein dated September 21, 2021 re: Request for a Stay of the Expert Discovery Deadlines in the Intervenor Action. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

September 14, 2021

Filing 952 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. Particular Motion: Motion proposed at Dkt. No. 950.The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.C. 636(c), all such communications shall be addressed solely to the Magistrate Judge. So Ordered. (Signed by Judge Victor Marrero on 9/14/2021) (js) Modified on 9/14/2021 (js).

September 14, 2021

Filing 951 MEMO ENDORSEMENT: on re: #950 Letter filed by Collector's Coffee, Inc. ENDORSEMENT: The pre-motion conference is waived. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. CCI should accommodate the non-moving parties' reasonable proposals as to the briefing schedule. The proposal set forth by the non-moving parties in this letter is obviously reasonable. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/14/2021) (ama)

September 14, 2021

Filing 950 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated September 14, 2021 re: Pre-Motion Conference and Pre-Motion Approval Re Motion to Dismiss Count II of Intervenor's First Amended Complaint. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

August 26, 2021

Appeal Fee Paid electronically via Pay.gov: for #949 Notice of Interlocutory Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-24977772, paid on 8/25/2021..(nd)

August 26, 2021

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #949 Notice of Interlocutory Appeal..(nd)

August 26, 2021

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #949 Notice of Interlocutory Appeal filed by Collector's Coffee, Inc. were transmitted to the U.S. Court of Appeals..(nd)

August 25, 2021

Filing 949 NOTICE OF INTERLOCUTORY APPEAL from #943 Order Adopting Report and Recommendations,,. Document filed by Collector's Coffee, Inc.. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Morris, Stanley)

August 25, 2021

Filing 948 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF APPEAL from #943 Order Adopting Report and Recommendations,,. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc.. Filing fee $ 505.00, receipt number ANYSDC-24977772. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Morris, Stanley) Modified on 8/25/2021 (nd).

August 25, 2021

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Morris, Stanley to RE-FILE Document No. #948 Notice of Appeal by Collectors Coffee, Inc.. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal;. Re-file the appeal using the event type Notice of Interlocutory Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. DISREGARD THE FILING FEE SCREEN. (nd) Modified on 8/25/2021 (nd).

August 6, 2021

Filing 947 MEMO ENDORSEMENT: on re: #946 Letter, filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The proposed schedule is approved. SO ORDERED., ( Deposition due by 10/22/2021., Motions due by 11/5/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/06/2021) (ama)

August 6, 2021

Filing 946 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 6, 2021 re: Lifting Interim Stay of Discovery in the Intervenor Case and Setting Expert Discovery Deadlines. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

August 5, 2021

Filing 945 ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Collector's Coffee Inc...(Morris, Stanley)

August 5, 2021

Filing 944 OPINION AND ORDER re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion, filed by United States Securities and Exchange Commission. For the foregoing reasons, plaintiff's motion to exclude the testimony of Bennett Gershman (Docket # 924) is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/5/2021) (va)

July 30, 2021

Filing 943 ORDER ADOPTING REPORT AND RECOMMENDATIONS for #890 Report and Recommendations. For the reasons stated above, it is hereby ORDERED that the Report and Recommendation of Magistrate Judge Gabriel Gorenstein (Dkt. No. 890) is adopted as the Court's decision in its entirety, and it is further ORDERED that the objections of CCI, Kontilai, and the Jackie Robinson Foundation (Dkt. Nos. 903, 904, 905) to Magistrate Judge Gorenstein's Report and Recommendation are DENIED. So Ordered (Signed by Judge Victor Marrero on 7/30/2021) (js)

July 23, 2021

Filing 942 MEMO ENDORSEMENT denying without prejudice #941 Motion to Withdraw as Attorney. ENDORSEMENT: Application denied without prejudice to an application that states definitively whether or not the applicant is asserting a retaining or charging lien. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2021) (vfr)

July 22, 2021

Filing 941 MOTION for GEORGE LAMBERT to Withdraw as Attorney of MYKALAI KONTILAI. Document filed by Mykalai Kontilai..(Lambert, George)

July 21, 2021

Filing 940 DECISION AND ORDER re: #918 Report and Recommendations. For the reasons stated above, it is hereby ORDERED that, substantially for the reasons set forth in the Report and Recommendation of Magistrate Judge Gabriel Gorenstein ("R&R," Dkt. No. 918), the Court adopts the R&R in its entirety as the Court's decision on this matter, and it is further ORDERED that Defendants' objections to the R&R (Dkt. Nos. 922, 926) are DENIED. So Ordered. (Signed by Judge Victor Marrero on 7/21/2021) (js)

July 2, 2021

Filing 939 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 2, 2021 re: Notice of Fully Submitted Motion, Doc. # 924-925. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 1, 2021

Filing 938 LETTER addressed to Judge Victor Marrero from Stanley Morris dated July 1, 2021 re: Summary Judgment Record. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stock Purchase Agreement, #2 Exhibit 2 Confidential Settlement Agreement, #3 Exhibit 3 SEC Interrogatory Responses).(Morris, Stanley)

July 1, 2021

Filing 937 REPLY MEMORANDUM OF LAW in Support re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 1, 2021

Filing 936 MANDATE of USCA (Certified Copy) as to #663 Notice of Interlocutory Appeal, filed by Mykalai Kontilai, #912 Notice of Interlocutory Appeal, filed by Mykalai Kontilai, #787 Amended Notice of Appeal filed by Mykalai Kontilai. USCA Case Number 20-3973, 21-1223. The parties in the above-referenced case have filed a stipulation withdrawing these appeals pursuant to FRAP 42. The stipulation is hereby "So Ordered"... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/01/2021..(nd)

June 21, 2021

Filing 935 RESPONSE in Opposition to Motion re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Excerpt from Gail Holt Deposition October 7, 2020, #2 Exhibit Excerpt from Bennet Gershman Deposition, #3 Exhibit Excerpt from Gail Holt Deposition July 11, 2019).(Hansel, Cary)

June 17, 2021

Filing 934 ORDER: For the reasons stated above, it is hereby ORDERED that Defendants requests to for a pre-motion conference and permission to file motions for summary judgment (Dkt. Nos. 886, 887, 888) are DENIED, and further it is hereby ORDERED that the SECs request for a pre-motion conference and permission to file a motion for partial summary judgment (Dkt. No. 879) is DENIED, and further it is hereby ORDERED the Court will treat the premotion letters as to Count V as fully submitted cross motions for summary judgment as to that claim. So Ordered. (Signed by Judge Victor Marrero on 6/17/2021) (js)

June 17, 2021

Filing 933 ORDER: On June 16, 2021, defendants Mykalai Kontilai ("Kontilai") and Collector's Coffee Inc. ("CCI," and together with Kontilai "Defendants") filed a letter requesting permission to file a reply brief in support of their consolidated Rule 72 objections to Judge Gorenstein's Report and Recommendation denying Defendants' motion to dismiss. (See Dkt. No. 931.) After considering the matters raised in Defendants' letter, the Court is not persuaded that additional briefing is necessary to resolve the issues raised. Accordingly, the Court hereby denies the request for further briefing, but will consider the issues presented in the June 16 letter. So Ordered. (Signed by Judge Victor Marrero on 6/17/2021) (js)

June 17, 2021

Filing 932 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated June 17, 2021 re: SEC Response to Defendants' Request to Submit a Reply (Dkt. No. 931). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 16, 2021

Filing 931 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated June 16, 2021 re: Collector's Coffee, Inc.'s Request For Permission to File Reply to Docket 930 re Consolidated Rule 72 Objections. Document filed by Collector's Coffee Inc...(Morris, Stanley)

June 15, 2021

Filing 930 MEMORANDUM OF LAW in Opposition re: #926 Objection to Report and Recommendations [Dkt. No. 918]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 8, 2021

Filing 929 ORDER denying #900 Letter Motion for Leave to File Document. For the reasons stated above, it is hereby ORDERED that Defendants objections (Dkt. Nos. 899, 900) to Magistrate Judge Gorenstein's rulings on those matters are DENIED. (Signed by Judge Victor Marrero on 6/8/2021) (js)

June 3, 2021

Filing 928 ORDER granting #927 Motion for Cary Johnson Hansel, III to Appear Pro Hac Vice for all purposes as counsel for Mykalai Kontilai. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/3/2021) (vfr)

June 2, 2021

Filing 927 MOTION for Cary Johnson Hansel III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24619170. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Of Cary Johnson Hansel, #2 Exhibit Certificates of good standing, #3 Text of Proposed Order).(Joseph, Peter)

June 2, 2021

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #927 MOTION for Cary Johnson Hansel III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24619170. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

June 1, 2021

Filing 926 OBJECTION to #918 Report and Recommendations Document filed by Collector's Coffee Inc...(Morris, Stanley)

May 28, 2021

Filing 925 MEMORANDUM OF LAW in Support re: #924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Expert Report, #2 Exhibit 2- Deposition Excerpts).(Miller, Terry)

May 28, 2021

Filing 924 MOTION Exclude Testimony of Bennett Gershman and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

May 28, 2021

Filing 923 NOTICE of Plaintiff United States Securities and Exchange Commission's Motion to Exclude Testimony of Bennett Gershman. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

May 24, 2021

Filing 922 LETTER addressed to Judge Victor Marrero from Stanley Morris dated May 24, 2021 re: Request for Leave to File Objections to Report and Recommendation ECF 918. Document filed by Collector's Coffee Inc...(Morris, Stanley)

May 21, 2021

Filing 921 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated May 21, 2021 re: Election to file Motion to Exclude Expert Testimony. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

May 20, 2021

Filing 920 MEMO ENDORSEMENT on re: #919 Letter Request for Pre-Motion Conference on Motion to Exclude Expert Testimony, filed by United States Securities and Exchange Commission. ENDORSEMENT: The pre-motion conference requirement is waived. Plaintiff may elect to have this letter serve as the motion or may file a new motion. Plaintiff shall file a letter on ECF on May 21, 2021, stating its choice. If a separate motion is filed, it shall be filed by May 28, 2021. In either event, briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices and either the notice of motion or election letter should set forth the dates of the briefing schedule. So Ordered., ( Motions due by 5/28/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/21) (yv)

May 19, 2021

Filing 919 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated May 19, 2021 re: Request for Pre-Motion Conference on Motion to Exclude Expert Testimony. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Expert Report, #2 Exhibit 2- Deposition Excerpts).(Miller, Terry)

May 17, 2021

Filing 918 REPORT AND RECOMMENDATION: re: #416 MOTION to Dismiss; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint filed by Collector's Coffee Inc. For the foregoing reasons, defendants consolidated motion to dismiss and strike (Docket # 416) should be denied. SO ORDERED. Objections to R&R due by 6/1/2021 (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/17/2021) (ama)

May 14, 2021

Filing 917 RESPONSE re: #904 Objection to Report and Recommendations Intervenor Plaintiffs' Memorandum in Response and Opposition to Defendant Collector's Coffee, Inc.'s Objections to Report and Recommendations at Docket 890. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 14, 2021

Filing 916 RESPONSE Intervenor Plaintiffs' Memorandum in Response and Opposition to Mykalai Kontilai's Rule 72 Objection to Magistrate Judge's April 19, 2021, Report and Recommendation at Docket 890. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 14, 2021

Filing 915 RESPONSE re: #905 Objection to Report and Recommendations, Intervenor Plaintiffs' Memorandum in Response to Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s Limited Objection to Magistrate Judge Gorenstein's Report and Recommendation. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 10, 2021

Filing 914 MEMO ENDORSEMENT: on re: #913 Letter filed by Jackie Robinson Foundation, Inc. ENDORSEMENT: The deadlines for discovery as to the claims contained in Docket # 344, as reflected in Docket # 854, are stayed pending the disposition of the objections made in Docket #903, 904, 905. Within 7 days of the disposition of those objections, the parties to the claims made in Docket # 344 shall file joint or separate proposals as to a schedule for discovery. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/10/2021) (ama)

May 7, 2021

Filing 913 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 7, 2021 re: Unopposed request for a pre-motion conference in anticipation of seeking an interim stay of the Intervenor Action pending resolution of the objections to the April 19, 2021 Report and Recommendation (ECF No. 890). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

May 7, 2021

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #912 Notice of Interlocutory Appeal, filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)

May 7, 2021

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #912 Notice of Interlocutory Appeal. (tp)

May 6, 2021

Filing 912 NOTICE OF INTERLOCUTORY APPEAL from #875 Order,,. Document filed by Mykalai Kontilai. Filing fee $ 505.00, receipt number ANYSDC-24506217. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Appendix).(Joseph, Peter)

May 6, 2021

Filing 911 ORDER: Accordingly, defendants may depose Chapman as to the topics as specified above. The deponent may decline to answer any questions not within these topic areas by invoking Fed. R. Civ. P. 30(c)(2).3 Having already conducted more than 90 minutes of questioning, Veronica shall be allowed a maximum of 2 hours 15 minutes to complete the direct examination, which she may share with co-defendants. The SEC shall be allowed a maximum of 15 minutes of cross-examination. Chapmans counsel has leave to ask additional questions of his client after the parties to this case have used their time. The deposition shall take place within 14 days of the date of this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/6/2021) (cf)

May 5, 2021

Filing 910 OPINION AND ORDER: re: #851 MOTION to Withdraw Deemed Admissions filed by Mykalai Kontilai. For the foregoing reasons, defendant's motion to withdraw admissions (Docket # 851) is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/05/2021) (ama)

May 4, 2021

Filing 909 LETTER addressed to Judge Victor Marrero from Patrick Stoltz, Esq. dated May 4, 2021 re: Response to Kontilai's Request for Leave to File Rule 72 Objections [Dkt. Nos. 899 and 900]. Document filed by John Culotta..(Stoltz, Patrick)

May 4, 2021

Filing 908 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 5.4.21 re: Deposition of David Chapman. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

May 4, 2021

Filing 907 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated May 4, 2021 re: Response to Defendants' Request to Brief Rule 72(a) Objections [Dkt. Nos. 899 and 900]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

May 4, 2021

Filing 906 LETTER addressed to Judge Victor Marrero from Dane H. Butswinkas dated May 4, 2021 re: Response to Mykalai Kontilai's Request to File Rule 72 Objections (Dkt. 899). Document filed by Andrew Ceresney..(Butswinkas, Dane)

May 3, 2021

Filing 905 OBJECTION to #890 Report and Recommendations -- Intervenor-Defendant The Jackie Robinson Foundation, Inc.'s Limited Objection to Magistrate Judge Gorenstein's Report and Recommendation. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit 1 - 2013 Purchase Agreement).(Spitzer, Seth)

May 3, 2021

Filing 904 OBJECTION to #890 Report and Recommendations Re Subject Matter Jurisdiction and Staying Part of Intervenor Action Document filed by Collector's Coffee Inc., Collector's Coffee, Inc...(Morris, Stanley)

May 3, 2021

Filing 903 BRIEF re: #890 Report and Recommendations,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)

April 30, 2021

Filing 902 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated April 30, 2021 re: SEC Response to Mykalai and Veronica Kontilai's Letter Concerning Proposed Deposition Topics of David Chapman [Dkt. No. 897]. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

April 30, 2021

Filing 901 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jay V. Surgent, Esq. dated April 30, 2021 re: Opposition to Motion to Compel Deposition of Client. Document filed by David Clyde Chapman..(Surgent, Jay)

April 27, 2021

Filing 900 LETTER MOTION for Leave to File Rule 72 Objection , Joinder with Letter Dkt. 899, addressed to Judge Victor Marrero from George Lambert, counsel for Relief Defendant Veronica Kontilai dated April 27, 2021. Document filed by Veronica Kontilai..(Lambert, George)

April 27, 2021

Filing 899 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 27, 2021 re: Request to File Rule 72 Objections. Document filed by Mykalai Kontilai..(Heim, Robert)

April 26, 2021

Filing 898 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated April 26, 2021 re: SEC Response to Defendants' Request to File a Summary Judgment Motion (Dkt. Nos. 886, 887, and 888). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

April 23, 2021

Filing 897 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 4.23.21 re: Conference 4.16.21. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Consulting agreement Collectors' Coffe, #2 Exhibit Transcript excerpt Blue Sunsets, #3 Exhibit Transcript excerpt Chapman deposition 2.22.21).(Joseph, Peter)

April 23, 2021

Filing 896 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated April 23, 2021 re: Response to ECF Nos. 879 and 882. Document filed by Collector's Coffee Inc...(Morris, Stanley)

April 23, 2021

Filing 895 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 23, 2021 re: Response to SEC Letter re Summary Judgment. Document filed by Mykalai Kontilai..(Heim, Robert)

April 23, 2021

Filing 894 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated 04/23/2021 re: Defendants request to depose David Chapman. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (April 2015 email), #2 Exhibit B (proof of service), #3 Exhibit C (depo. transcript), #4 Exhibit D (March 2021 email), #5 Exhibit E (March 2020 email), #6 Exhibit F (Disco response)).(Williams, Mark)

April 21, 2021

Filing 893 AFFIDAVIT OF SERVICE of email served on David Clyde Chapman on 4.16.21. Document filed by Mykalai Kontilai..(Joseph, Peter)

April 21, 2021

Filing 892 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/16/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)

April 21, 2021

Filing 891 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/16/2021 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021..(kv)

April 19, 2021

Filing 890 REPORT AND RECOMMENDATION: re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration filed by Collector's Coffee, Inc. For the foregoing reasons, defendants' motion for judgment on the pleadings (Docket # 398) should be denied, but the Holders' claims against defendants Collectors Coffee, Inc. and Mykalai Kontilai should be stayed pending arbitration. Objections to R&R due by 5/3/2021 (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/19/2021) (ama)

April 19, 2021

Filing 889 ORDER: Defendants Collector's Coffee Inc., Mykalai Kontilai, and Veronica Kontilai have each filed letters seeking a pre- motion conference and permission to file further briefing in support of their anticipated motions for summary judgment. (See Dkt. Nos. 886, 887, 888.) The SEC is hereby directed to respond to the matters set forth in these three letters by April 26, 2021 via a single letter not to exceed six pages in length. So Ordered. (Signed by Judge Victor Marrero on 4/19/2021) (js)

April 16, 2021

Filing 888 LETTER addressed to Judge Victor Marrero from Peter Alan Joseph Esq. dated 4.16.21 re: Veronica Kontiala. Document filed by Veronica Kontilai..(Joseph, Peter)

April 16, 2021

Filing 887 LETTER addressed to Judge Victor Marrero from Robert Heim dated April 16, 2021 re: Premotion Conference and Permission to File Summary Judgment Motion. Document filed by Mykalai Kontilai..(Heim, Robert)

April 16, 2021

Filing 886 LETTER addressed to Judge Victor Marrero from Stanley C. Morris dated April 16, 2021 re: Pre-Motion Conference and Request to File Motion for Summary Judgment. Document filed by Collector's Coffee Inc...(Morris, Stanley)

April 16, 2021

Filing 885 ORDER denying #872 Motion to Compel. This Order addresses the motion of Mykalai Kontilai to compel further deposition testimony from attorney John Culotta. For essentially the reasons given in the Attorney Deposition Ruling (at pp. 8-11), we find that no such further testimony is warranted. Accordingly, the motion to compel (Docket # 872) is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2021) (rch)

April 16, 2021

Filing 884 OPINION AND ORDER: re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition filed by Veronica Kontilai, Mykalai Kontilai. For the foregoing reasons, defendants' motion to compel answers from Holt's attorneys (Docket # 820) is granted in part and denied in part. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/16/2021) (ama) (Main Document 884 replaced on 4/16/2021) (ama).

April 16, 2021

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 4/16/2021. Discovery orders issued. See transcript. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (rch)

April 15, 2021

Filing 883 NOTICE OF APPEARANCE by Jay V. Surgent on behalf of David Clyde Chapman..(Surgent, Jay)

April 15, 2021

Filing 882 MEMO ENDORSEMENT on re: #879 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Defendants are directed to respond by April 23, 2021, by letter not to exceed three pages, to the matter set forth above by stating their position on the SEC's anticipated motion. So Ordered. (Signed by Judge Victor Marrero on 4/15/2021) (js)

April 15, 2021

Filing 881 ORDER granting #880 MOTION to Suspend Briefing on Motion to Compel as to Non-Party John Culotta. Mr. Culotta's deadline to respond is adjourned sine die pending further order of the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 04/15/2021) (rch)

April 14, 2021

Filing 880 MOTION to Suspend Briefing on Motion to Compel as to Non-Party John Culotta Pending Decision on Related Motion to Compel as to Gail Holt's Former Attorneys. Document filed by John Culotta..(Stoltz, Patrick)

April 14, 2021

Filing 879 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated April 14, 2021 re: SEC Request for Pre-Motion Conference for Motion for Partial Summary Judgment. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

April 13, 2021

Filing 878 AFFIDAVIT OF SERVICE of Doc. 877 served on David Clyde Chapman on 4.13.21. Document filed by Mykalai Kontilai..(Joseph, Peter)

April 13, 2021

Filing 877 ORDER re: #876 Letter filed by Mykalai Kontilai. A conference to discuss the request by Mykalai Kontilai for sanctions against David Clyde Chapman, as raised in the letter dated April 12, 2021 (Docket # 876), shall take place on Friday, April 16, 2021, at 4:00 p.m. Only counsel for Mykalai Kontilai and Mr. David Clyde Chapman are required to appear for this call. At the above date and time, Mykalai Kontilai's counsel and David Clyde Chapman (and any counsel for Mr. Chapman who has filed a notice of appearance) shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. Counsel for Mykalai Kontilai is directed to immediately serve a copy of this Order on David Clyde Chapman by email and overnight mail. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/13/2021) (rch)

April 12, 2021

Filing 876 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 4.12.21 re: Doc. 829. Document filed by Mykalai Kontilai..(Joseph, Peter)

April 9, 2021

Filing 875 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that Defendants' objections (Dkt. Nos. 773, 778, 796, 797, 850, 861) to Magistrate Judge Gorenstein's rulings on those matters are DENIED; and it is further ORDERED that to the extent Defendants wish to file Rule 72 objections to nondispositive rulings issued in magistrate court in the future, they must submit a two-page letter to this Court explaining the basis for any objection and requesting leave to file full briefing. Any party may respond to such a letter via two-page letter within one week. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 4/9/2021) (jca)

April 9, 2021

Filing 874 FIRST LETTER MOTION for Extension of Time to oppose Objection addressed to Judge Victor Marrero from Christopher D. Skoczen dated April 9, 2021. Document filed by Timothy Dennin..(Skoczen, Christopher)

April 6, 2021

Filing 873 MEMORANDUM OF LAW in Support re: #872 MOTION to Compel John Culotta to answer deposition questions . . Document filed by Mykalai Kontilai..(Heim, Robert)

April 6, 2021

Filing 872 MOTION to Compel John Culotta to answer deposition questions . Document filed by Mykalai Kontilai..(Heim, Robert)

April 6, 2021

Filing 871 REPLY re: #844 Order to Show Cause,,,, #867 Response to Order to Show Cause Plaintiff U.S. Securities and Exchange Commission's Reply to Response to Order to Show Cause. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

April 6, 2021

Filing 870 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry Miller, Esq. dated April 6, 2021 re: Kontilai's Untimely Relief Brief, Doc. # 868. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

April 5, 2021

Filing 869 RESPONSE re: #849 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

April 2, 2021

Filing 868 REPLY MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)

April 2, 2021

Filing 867 RESPONSE TO ORDER TO SHOW CAUSE re: #844 Order to Show Cause,,,,. Document filed by Mykalai Kontilai..(Lambert, George)

April 2, 2021

Filing 866 AFFIDAVIT of George Lambert re: #844 Order to Show Cause,,,, . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, Expert Opinion of Prof. Shlomo Argamon, Ph.D. (Yale), #2 Exhibit 2. Professional Articles, #3 Exhibit 3. Info on Prof. Argamon, research article, #4 Exhibit 4. Report of National Bureau of Economic Research, #5 Exhibit 5. Report of American Economic Association, #6 Exhibit 6, Info on Prof. Julian Kolev, Ph.D. (Harvard), #7 Exhibit 7. Info of USPTO on Prof. Kolev, #8 Exhibit 8. Info on Dr. Yuly Fuentes-Medel, Ph.D., #9 Exhibit 9, Info on Prof. Fiona Murray, Ph.D. (Harvard), #10 Exhibit 10.Research Artbstract in the Harvard Journal, #11 Exhibit 11. Yahoo Research Project Report by 5 authors, #12 Exhibit 12.Research article in the Digital Investigation Journal, 3 authors, #13 Exhibit 13, Info on Prof. Erin Hengel, article based on thesis, #14 Exhibit 14, Extract from depo transcript Ms. Gail Holt, #15 Exhibit 15. Transcript of admissions by atty on behalf of Ms. Gail Holt, #16 Exhibit 16, Notes on questioning of Ms. Gail Holt on Dec. 20, 2018, #17 Exhibit 17. Affirmation of atty Ed Little, #18 Exhibit 18, Extract from depo transcript of Ms. Gail Holt, #19 Exhibit 19, Table of admissions of Ms. Gail Holt, #20 Exhibit 20. Info on Prof. Emeritus Daniel F. Melia, Ph.D. (Harvard), #21 Exhibit 21. Info on Prof. Emeritus Dennis Baron, Ph.D.).(Lambert, George)

March 31, 2021

Filing 865 ORDER: granting #864 Letter Motion for Extension of Time to File Response/Reply re #864 LETTER MOTION for Extension of Time to File Response/Reply as to #863 Order, Set Deadlines/Hearings and to Hold Briefing in Abeyance Pending Decision on Related Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patri. The defendant's motion remains due on April 6, 2021. Mr. Culotta's response shall be due April 20, 2021. Any reply shall be due April 22, 2021. It is not yet clear to the Court that the disposition of the instant application will be governed by any decision on the pending application regarding the testimony of Gail Holt's former attorneys. If the Court does not issue an order relevant to this question by April 13, 2021, Mr.Culotta is free to renew his request to suspend briefing at that time. SO ORDERED. Responses due by 4/20/2021 Replies due by 4/22/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/31/2021) (ama)

March 30, 2021

Filing 864 LETTER MOTION for Extension of Time to File Response/Reply as to #863 Order, Set Deadlines/Hearings,,,,,, and to Hold Briefing in Abeyance Pending Decision on Related Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick Stoltz dated March 30, 2021. Document filed by John Culotta..(Stoltz, Patrick)

March 30, 2021

Filing 863 ORDER: Defendant Mykalai Kontilai has submitted a letter concerning an anticipated motion seeking to compel answers from non-party witness John Culotta (Docket # 837). The pre-motion conference requirement for this motion is waived. Defendant's motion shall be filed by April 6, 2021. Opposition papers shall be filed by April 13, 2021; any reply shall be filed by April 15, 2021. This Order shall not be construed as opining on the question of whether defendant's application, filed more than a month after the conclusion of the deposition and which was not promptly served on the deponent (see Docket # 856 at 1), was timely. SO ORDERED., ( Motions due by 4/6/2021., Responses due by 4/13/2021, Replies due by 4/15/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)

March 30, 2021

Filing 862 ORDER: denying #858 Motion for Reconsideration re #858 MOTION for Reconsideration re; #836 Order on Motion to Quash, filed by Veronica Kontilai, Mykalai Kontilai. With regard to defendant Mykalai Kontilai's motion for reconsideration (Docket # 858) of the Court's Order of March 15, 2021 (Docket # 836) ("the Order"), the Court has previously set forth the standards for such a motion. See SEC v. Collector's Coffee Inc., 464 F. Supp. 3d 665, 667 (S.D.N.Y. 2020). The defendant's motion contains a rehashing of arguments previously made and rejected, with an occasional citation to cases never before presented to the Court. None of these cases or the rehashed arguments alter the Court's conclusions as set forth in the Order. The only new matter presented relevant to the Order is the citation to a declaration regarding alleged prosecutorial misconduct (Docket # 821-5). Defendant failed to bring this declaration to the Court's attention before the briefing schedule was complete on the original motion, even though the declaration was available to defendant before that date. The suggestion that the Court erred by failing to consider as part of the adjudication of the order to show cause a document filed as part of the briefing of a different motion is frivolous. Moreover, the declaration is irrelevant to the issue on which the Order turned: namely, how any alleged improper motives of the SEC prejudiced Kontilai in conducting his defense. Defendant's brief fails to address this question other than making generic statements regarding the law governing the striking of affirmative defenses. The remainder of the motion (pp. 5-7) inexplicably contains argument related to another motion pending before the Court (Docket # 820). This argument does not address the issues relevant to the Order.The motion for reconsideration (Docket # 858) is denied. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2021) (ama)

March 29, 2021

Filing 861 BRIEF re: #836 Order on Motion to Quash, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai..(Heim, Robert)

March 29, 2021

Filing 860 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 3.29.21 re: Doc. 856. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 29, 2021

Filing 859 MEMORANDUM OF LAW in Opposition re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13).(Miller, Terry)

March 29, 2021

Filing 858 MOTION for Reconsideration re; #836 Order on Motion to Quash, . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 25, 2021

Filing 857 MEMO ENDORSEMENT re #856 . Defendants may file any reply to this letter on or before March 29, 2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/25/2021) (Gorenstein, Gabriel)

March 25, 2021

Filing 856 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Patrick Stoltz dated March 25, 2021 re: Response to Kontilai's Pre-Motion Letter Re John Culotta (Doc. No. 837). Document filed by John Culotta..(Stoltz, Patrick)

March 23, 2021

Filing 855 ORDER: Accordingly, the Court orders Culotta to respond to defendants' letter by March 25, 2021 by means of a letter filed on ECF. In his letter, Culotta should address the basis on which he asserted the attorney-client privilege. That response should include a discussion of whether he asserted the privilege solely in connection with Holt, or if he also asserted the privilege in connection with Collector's Coffee, Inc., another defendant in this action, and if so whether he was advised of CCI's waiver of the privilege. Defendants shall serve a copy of this Order on Culotta forthwith. Nothing in this Order shall be construed as opining on whether the defendants' letter on this issue was timely. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2021) (ama)

March 23, 2021

Filing 854 SUPPLEMENTAL SCHEDULING ORDER: Accordingly, the Court issues the following schedule: With respect to the SEC Case: 1. Any letters to Judge Marrero requesting permission to make a summary judgment motion shall be filed on or before April 16, 2021. 2. Depositions of experts shall be completed by April 30, 2021. With respect to the Intervenor Case 1. Expert rebuttal reports shall be served by May 18, 2021. 2. Expert depositions shall be completed by June 15, 2021. 3. Any letters to Judge Marrero requesting permission to make a summary judgment motion shall be filed on or before June 29, 2021. And as set forth herein. SO ORDERED. Motions due by 6/29/2021. Deposition due by 6/15/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/23/2021) (ama)

March 22, 2021

Filing 853 DECLARATION of George Lambert in Support re: #851 MOTION to Withdraw Deemed Admissions.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit June 2020 Responses, #2 Exhibit October 2020 Responses, #3 Exhibit Email Serving Responses).(Heim, Robert)

March 22, 2021

Filing 852 MEMORANDUM OF LAW in Support re: #851 MOTION to Withdraw Deemed Admissions. . Document filed by Mykalai Kontilai..(Heim, Robert)

March 22, 2021

Filing 851 MOTION to Withdraw Deemed Admissions. Document filed by Mykalai Kontilai..(Heim, Robert)

March 22, 2021

Filing 850 Objection re: #823 Order on Motion for Reconsideration,,, corrects Doc. 849. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 22, 2021

Filing 849 Objection re: #823 Order on Motion for Reconsideration,,, . Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)

March 19, 2021

Filing 848 NOTICE of Errata re: #846 Letter. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Errata to Doc. # 846 Proposed Scheduling Order).(Miller, Terry)

March 19, 2021

Filing 847 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated March 19, 2021 re: Modification of Scheduling Order. Document filed by Collector's Coffee Inc...(Morris, Stanley)

March 19, 2021

Filing 846 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 19, 2021 re: Proposed Scheduling Order. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 19, 2021

Filing 845 NOTICE of Notice of Errata re: #839 Reply Memorandum of Law in Support of Motion,. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Appendix errata corrected in Dkt 839).(Lambert, George)

March 19, 2021

Filing 844 ORDER TO SHOW CAUSE: Accordingly, Mr. Lambert is hereby ORDERED TO SHOW CAUSE why he should not be sanctioned on one or more of the following bases: (1) the inherent power of the court, see generally Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991), including but not limited to the power to revoke pro hac vice status for conduct prejudicial to the administration of justice, see, e.g., MacDaw, Inc. v. CIT Group Equip. Financing, Inc., 138 F.3d 33 (2d Cir. 1998); (2) Fed. R. Civ. P. 11(c)(3) on the ground that the statement as to the writing styles of males and females constitutes a factual contention that has no evidentiary support, see Fed. R. Civ. P. 11(b)(3); and/or on the ground that the statement was designed to harass an adversary by subjecting the adversary to malicious sex-based stereotypes, see Fed. R. Civ. P. 11(b)(1). Such showing shall be made by means of an affidavit and a memorandum of law compliant with Local Civil Rule 7.1(a)(2) filed on or before April 2, 2021. The Court will thereafter issue a written order in the event a sanction is imposed. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2021) (rj)

March 18, 2021

Filing 843 AFFIDAVIT OF SERVICE of ENDORSEMENT ORDER, re. resumption of deposition of David Clyde Chapman served on DAVID CLYDE CHAPMAN on March 18, 2021. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Affidavit).(Lambert, George)

March 18, 2021

Filing 842 AFFIDAVIT OF SERVICE of Doc. No. 829 served on David Clyde Chapman on 3.15.21. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 18, 2021

Filing 841 AFFIDAVIT OF SERVICE of Doc. No. 829 served on David Clyde Chapman on 3.15.21. Service was made by Mail. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 17, 2021

Filing 840 REPLY AFFIRMATION of MYKALAI KONTILAI in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Lambert, George)

March 17, 2021

Filing 839 REPLY MEMORANDUM OF LAW in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Mykalai Kontilai, Veronica Kontilai..(Lambert, George)

March 17, 2021

Filing 838 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 17, 2021 re: Response to Kontilais Pre-motion Discovery Letter Re John Culotta. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 15, 2021

Filing 837 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 3.15.21 re: compel deposition. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit).(Joseph, Peter)

March 15, 2021

Filing 836 ORDER granting #770 Motion to Quash. Accordingly, the affirmative defenses numbered 19 and 20 are stricken. Dennin's motion to quash (Docket # 770) is granted. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 03/15/2021) (GWG)

March 15, 2021

Filing 835 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 15, 2021

Filing 834 DECLARATION of Dane H. Butswinkas in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Andrew Ceresney. (Attachments: #1 Exhibit A).(Butswinkas, Dane)

March 15, 2021

Filing 833 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Andrew Ceresney..(Butswinkas, Dane)

March 15, 2021

Filing 832 NOTICE OF APPEARANCE by Dane Hal Butswinkas on behalf of Andrew Ceresney..(Butswinkas, Dane)

March 15, 2021

Filing 831 DECLARATION of Gail A. Holt in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Gail Herman-Holt. (Attachments: #1 Exhibit A, #2 Exhibit B).(Perry, Joseph)

March 15, 2021

Filing 830 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Gail Herman-Holt..(Perry, Joseph)

March 15, 2021

Filing 829 MEMO ENDORSEMENT on re: #826 Letter re: compel deposition filed by Veronica Kontilai, Mykalai Kontilai. ENDORSEMENT: Having pushed all depositions to the brink of the discovery deadline, it is inexplicable that defendants waited nearly 3 weeks to bring this issue to the Court's attention. Be that as it may, the Court will consider permitting the deposition to continue provided the defendants proceed with alacrity to reschedule it (presumably with Mr. Chapman having hired an attorney) for a date to occur within the next 14 days. The parties are directed to confer with Mr. Chapman on the rescheduling. If agreement cannot be reached, the parties shall inform the Court and the Court will schedule a conference. In light of Mr. Chapman's pro se status and defendants' numerous delays, the request for fees and sanctions is denied. Defendants are directed to serve a copy of this Order on Mr. Chapman. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/15/2021) (rj)

March 15, 2021

Filing 828 DECLARATION of Robert A. Schwinger in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by William J. Leone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Schwinger, Robert)

March 15, 2021

Filing 827 MEMORANDUM OF LAW in Opposition re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by William J. Leone..(Schwinger, Robert)

March 12, 2021

Filing 826 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from PETER JOSEPH dated 3.12.21 re: compel deposition. Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 12, 2021

Filing 825 RESPONSE TO ORDER TO SHOW CAUSE re: #803 Order to Show Cause,,. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 12, 2021

Filing 824 BRIEF re: #803 Order to Show Cause,, to Strike Defendants' 19th and 20th Affirmative Defenses. Document filed by Timothy Dennin..(Skoczen, Christopher)

March 8, 2021

Filing 823 ORDER denying #793 MOTION for Reconsideration re; #768 Order Imposing Sanction filed by Mykalai Kontilai. Because the Court's misapprehension that the new responses were "duplicates" was not necessary to the ruling in the January 27 Order, the request for reconsideration (Docket # 793) is denied. Nonetheless, the Court invites Kontilai to use the method provided in the Federal Rules to be relieved of the admissions by filing an application under Fed. R. Civ. P. 36(b), which permits admissions to be withdrawn or amended "if it would promote the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits." If Kontilai wishes to make such an application, he may do so by letter, provided it is filed by March 22, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/8/2021) (mml)

March 8, 2021

Filing 822 MEMORANDUM OF LAW in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 8, 2021

Filing 821 DECLARATION of George Lambert in Support re: #820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition .. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Exhibit Deposition transcript of Gail Holt, #2 Exhibit Deposition transcript of Susie Youn, #3 Exhibit Deposition transcript of William Leone, #4 Exhibit Deposition transcript of Andrew Ceresney, #5 Exhibit Expert Report of Professor B. Gersham).(Joseph, Peter)

March 8, 2021

Filing 820 MOTION to Compel Gail Holt, Susie Youn, William Leone, Andrew Ceresney to provide answers at deposition . Document filed by Mykalai Kontilai, Veronica Kontilai..(Joseph, Peter)

March 8, 2021

Set/Reset Deadlines: Motions due by 3/22/2021. (mml)

March 5, 2021

Filing 819 MEMORANDUM OF LAW . Document filed by Mykalai Kontilai..(Joseph, Peter)

March 5, 2021

Filing 818 MEMO ENDORSEMENT on re: #817 Letter filed by Mykalai Kontilai, ENDORSEMENT: The pre-motion conference requirement is waived. The motion shall be filed by March 12, 2021. Briefing thereafter shall be in accordance with paragraph 2.B of the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/5/2021) ( Motions due by 3/12/2021.) (ks)

March 4, 2021

Filing 817 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated March 4, 2021 re: Motion to Compel Deposition Testimony. Document filed by Mykalai Kontilai..(Heim, Robert)

March 2, 2021

Filing 816 REPLY MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)

March 2, 2021

Filing 815 MEMO ENDORSEMENT: on re: #812 Letter filed by Timothy Dennin. ENDORSEMENT: The Court cautions counsel as follows: (1) unlike Rule 37, Rule 11 is directed only to papers "presented to the court" and thus it is unclear how it could apply to service of subpoenas; (2) whatever "paper" is the subject of this proposed motion can only be a paper presented to this Court, not to a court in another district or in another case; (3) if counsel chooses to proceed, the "safe harbor" provision of Rule 11(c)(2) requires that the document served on the opposing party 21 days in advance of filing be the actual motion (or at least a notice of motion as was stated in the Star Mark Management case) -- not merely a letter requesting permission to make a motion. All that being said, if counsel still wishes to proceed, the Court's pre-motion conference requirement is waived as to any motion relating to the subpoenas or to the application to quash them. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)

March 2, 2021

Filing 814 MEMO ENDORSEMENT: on re: #813 Letter filed by Collector's Coffee Inc. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/02/2021) (ama)

March 1, 2021

Filing 813 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated March 1, 2021 re: Expert Discovery Deadline Extension. Document filed by Collector's Coffee Inc...(Morris, Stanley)

March 1, 2021

Filing 812 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated March 1, 2021 re: Request for Pre-Motion Conference for Leave to Move for Sanctions. Document filed by Timothy Dennin. (Attachments: #1 Exhibit A - Kontilai v. Debevoise, #2 Exhibit A, part ii - Kontilai v. Debevoise, #3 Exhibit B - Initial Subpoena, #4 Exhibit C - Subpoena).(Skoczen, Christopher)

February 25, 2021

Filing 811 ORDER granting #807 Letter Motion for Extension of Time. Fed. R. Civ. P. 12(f)(1) specifically affords a court authority to strike an insufficient defense sua sponte. Thus, Kontilai's contention that the sufficiency of a defense can only be resolved with a motion "first filed by the SEC" is frivolous. Moreover, because the Court gave specific reasons why the defenses at issue may be infirm, Kontilai is on notice as to precisely what issues he needs to address with respect to those defenses. As for the request for more time, Kontilai has apparently granted himself an extension inasmuch as he has not responded to the Order to Show Cause by the date ordered. Instead, he filed a request for an extension on the due date itself (and after business hours) and ignored the Court-ordered deadline. In any event, we note that the request for an extension is based on Kontilai's incorrect perception that his response is somehow akin to an opposition to a summary judgment motion or that it would be appropriate to hold an "evidentiary hearing." To be clear, Kontilai is permitted to file only a "letter or memorandum of law" (Docket # 803 at 2) in response to the Order to Show Cause. No other material, such as evidentiary material, may be submitted. Now that the Court has reminded Kontilai what he is allowed to file, it is unclear if Kontilai actually needs the amount of time he requests. Nonetheless, the Court will extend the deadline to respond to the Order to Show Cause to the requested date of March 5, 2021. Any response is due March 12, 2021. SO ORDERED.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2021) (kv)

February 25, 2021

Set/Reset Deadlines: Replies due by 3/12/2021. Show Cause Response due by 3/5/2021. (kv)

February 24, 2021

Filing 810 MEMORANDUM OF LAW in Opposition re: #797 Brief Plaintiff's Memorandum of Law in Opposition to Objection to Magistrate Judge's Order Declaring the Freeze Order Provisions of the TRO Remain in Effect. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

February 24, 2021

Filing 809 MEMORANDUM OF LAW in Opposition re: #796 Brief, Plaintiff's Memorandum of Law in Opposition to Objections to Magistrate Judge's Discovery Order. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

February 24, 2021

Filing 808 MEMORANDUM OF LAW in Opposition re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

February 24, 2021

Filing 807 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated February 24 2021. Document filed by Mykalai Kontilai..(Heim, Robert)

February 18, 2021

Filing 806 MEMO ENDORSEMENT: on re: #801 Letter filed by Mykalai Kontilai. ENDORSEMENT: It is unclear what motion is being proposed. This letter might be construed as seeking permission to make a motion for clarification of the TRO - that is, an order clarifying that the filing and continued pursuit of the lawsuit is permitted by the TRO. The SEC asserts that Kontilai is seeking to move to "modify" the TRO (see Docket # 804 at 1) - a term defendant does not actually use. In any event, the Court's pre-motion conference requirement is waived. Any party (including the SEC, which may file a motion to enforce) is permitted to file any motion it wants on this question, though it is certainly incumbent on that party to specify precisely what body of law it relies on in seeking relief. The defendant is warned that any motion will have to address many if not all of the factual issues raised by the SEC in its letter (Docket # 804) as they plainly bear on the questions of whether the pursuit of the lawsuit is already permitted by the TRO and whether, if not, the TRO should be modified to permit it. As to the SEC's request for discovery, it is recommended that the defendant be as accommodating as possible. If it turns out that the SEC can responsibly respond to the defendant's motion (whatever it turns out to be) only if the defendant affords it specific discovery, the Court would not grant the defendant's motion unless the SEC is afforded that discovery. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2021) (ama)

February 18, 2021

Filing 805 ORDER re: #803 Order to Show Cause. The words "The plaintiffs are" in the last paragraph of the Order to Show Cause dated February 17, 2021 (Docket # 803), are amended to read "Kontilai is." (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2021) (rch)

February 17, 2021

Filing 804 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated February 17, 2021 re: Response to Request for Pre-motion Conference to Modify Asset Freeze Order (Doc. # 801). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

February 17, 2021

Filing 803 ORDER TO SHOW CAUSE: Accordingly, the plaintiffs are hereby ORDERED TO SHOW CAUSE by means of a letter or memorandum of law filed on or before February 24, 2021, why these defenses should not be stricken pursuant to Fed. R. Civ. P. 12(f)(1) or in the alternative be deemed to not support any request for discovery pursuant to Fed. R. Civ. P 26(b). Any other party may respond by means of a filing made on or before March 3, 2021. And as set forth herein. SO ORDERED. Show Cause Response due by 2/24/2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/17/2021) (ama)

February 16, 2021

Filing 802 DECISION AND ORDER: denying #800 Letter Motion for Extension of Time to File On February 15, 2021, Defendants filed a letter motion requesting a conference to request "a ruling nunc pro tunc, namely the Court's ruling [on] the starting event for purposes of Rule 72...." (See Dkt. No. 800.) The Court denies this request. Both parties have been afforded the opportunity to address the timeliness of the objection in question, (see Dkt. Nos. 778, 799, 800), and the Court will issue its decision on the basis of the parties' written submissions. So Ordered. (Signed by Judge Victor Marrero on 2/16/2021) (js)

February 15, 2021

Filing 801 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 2.15.21 re: Doc. 769. Document filed by Mykalai Kontilai..(Joseph, Peter)

February 15, 2021

Filing 800 LETTER MOTION for Extension of Time to File 776, nunc pro tunc, addressed to Judge Victor Marrero from George Lambert, counsel for Dft Mykalai Kontilai dated February 15, 2021. Document filed by Mykalai Kontilai..(Lambert, George)

February 11, 2021

Filing 799 MEMORANDUM OF LAW in Opposition re: #778 Objection (non-motion), #773 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

February 10, 2021

Filing 798 NOTICE OF APPEARANCE by Mehreen Hayat on behalf of Timothy Dennin..(Hayat, Mehreen)

February 10, 2021

Filing 797 BRIEF re: #769 Order,,,, #767 Report and Recommendations, Objections Pursuant to Rule 72. Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Heim, Robert)

February 10, 2021

Filing 796 BRIEF re: #768 Order,,, Objections Pursuant to Rule 72. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Declaration of George Lambert, #2 Exhibit June 2020 Response, #3 Exhibit October 2020 Response, #4 Exhibit Oct. 1 2020 Email).(Heim, Robert)

February 10, 2021

Filing 795 DECLARATION of George Lambert in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit June 2020 Responses, #2 Exhibit October 2020 Responses, #3 Exhibit Oct. 1 2020 Email).(Heim, Robert)

February 10, 2021

Filing 794 MEMORANDUM OF LAW in Support re: #793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. . Document filed by Mykalai Kontilai..(Heim, Robert)

February 10, 2021

Filing 793 MOTION for Reconsideration re; #768 Order,,, Imposing Sanction. Document filed by Mykalai Kontilai..(Heim, Robert)

February 8, 2021

Filing 792 AMENDED REPLY MEMORANDUM OF LAW in Support re: #770 MOTION to Quash Non-Party Subpoena 1/15/21 . . Document filed by Timothy Dennin. (Attachments: #1 Exhibit J i - Complaint - Kontilai v. Debevoise, #2 Exhibit J ii - Collectors v. Debevoise, #3 Exhibit K - Declaration, #4 Exhibit L - Letter).(Skoczen, Christopher)

February 5, 2021

Filing 791 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated February 5, 2021 re: Submission of Motion to Quash. Document filed by Timothy Dennin..(Skoczen, Christopher)

February 5, 2021

Filing 790 MOTION to Quash Subpoena 1/15/21 Reply Memo i/s/o Motion to Quash Subpoena. Document filed by Timothy Dennin. (Attachments: #1 Exhibit J i - Collectors v. Debevoise, #2 Exhibit J ii - Collectors v. Debevoise, #3 Exhibit K - Declaration, #4 Exhibit L - Letter).(Skoczen, Christopher)

February 4, 2021

Filing 789 DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that Defendants objections (Dkt. Nos. 662, 715, 720, 733) to Magistrate Judge Gorenstein's rulings on those matters are DENIED. So Ordered. (Signed by Judge Victor Marrero on 2/4/2021) (js)

February 4, 2021

Filing 788 NOTICE of Joinder in Amended Notice of Appeal, Dkt 787 re: #787 Amended Notice of Appeal. Document filed by Veronica Kontilai. (Attachments: #1 Appendix).(Lambert, George)

February 4, 2021

Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #787 Amended Notice of Appeal filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)

February 4, 2021

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #787 Amended Notice of Appeal. (tp)

February 3, 2021

Filing 787 AMENDED NOTICE OF APPEAL re: #663 Notice of Interlocutory Appeal, #769 Order,,,,. Document filed by Mykalai Kontilai..(Joseph, Peter)

February 3, 2021

Filing 786 MEMORANDUM OF LAW in Opposition re: #770 MOTION to Quash Non-Party Subpoena 1/15/21 . . Document filed by Mykalai Kontilai..(Heim, Robert)

February 3, 2021

Filing 785 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 2.3.2021 re: Doc. 769. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Joseph, Peter)

February 3, 2021

Filing 784 MEMO ENDORSEMENT on re: #781 Letter filed by Mykalai Kontilai. ENDORSEMENT: If otherwise proper, the deposition of John culotta may be taken on February 11, 2021. So Ordered. (Deposition due by 2/11/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/3/2021) (js)

February 2, 2021

Filing 783 RESPONSE re: #769 Order,,,, Regarding TRO Dkt # 12. Document filed by Collector's Coffee Inc...(Morris, Stanley)

February 2, 2021

Filing 782 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 02/02/2021 re: Doc. 769. Document filed by Veronica Kontilai. (Attachments: #1 Affidavit).(Joseph, Peter)

February 2, 2021

Filing 781 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated February 2, 2021 re: Request to Take Deposition on February 11, 2021. Document filed by Mykalai Kontilai..(Heim, Robert)

February 2, 2021

Filing 780 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated February 2, 2021 re: Deposition of Timothy Dennin. Document filed by Collector's Coffee Inc...(Morris, Stanley)

February 1, 2021

Filing 779 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated February 1, 2021 re: Response to Timothy J. Dennin, Esq.s Motion to Quash (Doc. # 770). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A).(Williams, Mark)

January 29, 2021

Filing 778 Objection re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)

January 28, 2021

Filing 777 OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)

January 28, 2021

Filing 776 OPPOSITION BRIEF re: 746 Order on Motion for Protective Order, . Document filed by Mykalai Kontilai..(Joseph, Peter)

January 28, 2021

Filing 775 MEMO ENDORSEMENT on re: #772 Letter filed by Veronica Kontilai. The Court will permit a deposition to take place in the time period of February 15 to February 23. If agreement cannot be reached, the parties shall report to the Court immediately and the Court will institute a briefing schedule on the motion to compel and/or schedule a telephone conference with Mr. Chapman and the parties. If Mr. Chapman is proceeding without an attorney, he shall be informed that he can file a letter to the Court by sending it in pdf form to Temporary_Pro_Se_Filing@nysd.uscourts.gov The defendants shall provide a copy of this Order to Mr. Chapman. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/28/2021) (rch)

January 28, 2021

Filing 774 ORDER re: #765 Letter filed by Veronica Kontilai, Mykalai Kontilai. Accordingly, the Court will permit no more than precisely what its January 13 Order stated: the depositions described in that Order. No deponent is required to produce any documents. The defendants shall immediately provide a copy of this order to each subpoenaed party. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/28/2021) (GWG)

January 28, 2021

Filing 773 Objection re: 746 Order on Motion for Protective Order, . Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Hearing Transcript).(Morris, Stanley)

January 27, 2021

Filing 772 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Veronica Kontilai dated 1.27.21 Document filed by Veronica Kontilai..(Joseph, Peter)

January 27, 2021

Filing 771 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated January 27, 2021 re: Opposition to Letter Seeking Pre-Motion Conference, ECF Doc. # 765. Document filed by Timothy Dennin. (Attachments: #1 Exhibit A - Initial Subpoena, #2 Exhibit B - Subpoena, #3 Exhibit C - Settlement Agreement).(Skoczen, Christopher)

January 27, 2021

Filing 770 MOTION to Quash Non-Party Subpoena 1/15/21 . Document filed by Timothy Dennin. (Attachments: #1 Memorandum of Law, #2 Exhibit Ex. A - Subpoena, #3 Exhibit Ex. B - Demand Letter, #4 Exhibit Ex. C - Letter, #5 Exhibit Ex. D - Settlement Agreement, #6 Exhibit Ex. E - Amended Settlement Agreement, #7 Ex. F - March 9, 2020 Order, #8 Ex. G - Dismissal, #9 Ex. H i - Amended Complaint, #10 Ex. H ii - Amended Complaint, #11 Ex. I - Initial Subpoena).(Skoczen, Christopher)

January 27, 2021

Filing 769 ORDER re: #749 Letter, filed by United States Securities and Exchange Commission. The Court does not believe a status conference is necessary to verify that the defendants understand that the TRO is in effect. Rather, to ensure compliance with the TRO, the Court hereby orders that defendant Mykalai Kontilai, relief defendant Veronica Kontilai, and defendant CCI (by an authorized representative) each file a sworn statement on or before February 3, 2021, indicating that they have read this Order and that they understand the Court has ruled that the Temporary Restraining Order dated May 14, 2019, remains in effect. The SEC argues that the prosecution of the lawsuit in the United States District Court for the District of Columbia against the law firm of Debevoise & Plimpton violates the TRO. The SEC's letter does not seek any specific relief as to the defendants, however. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/27/2021) (GWG)

January 27, 2021

Filing 768 ORDER: The Securities and Exchange Commission ("SEC") has moved for contempt and other sanctions against Mykalai Kontilai ("Mykalai"). In a Report and Recommendation issued today, we address the request for sanctions based on the Court's contempt powers and under the inherent power of the Court. The SEC has also asked for discovery sanctions under Rule 37, which we address in this Order. We use the same short form citations to documents in the record that are used in the Report and Recommendation, and as further set forth in this order. Accordingly, the SEC's application is denied without prejudice to a new application that gives a more complete explanation of the sanctions sought. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) (jwh)

January 27, 2021

Filing 767 REPORT AND RECOMMENDATION re: #452 MOTION for Sanctions: For the foregoing reasons, the SECs motion for contempt and sanctions for violating the TRO and under the Courts inherent power (Docket # 452) should be denied. (Objections to R&R due by 2/10/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2021) (jwh)

January 26, 2021

Filing 766 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 01/26/2021 re: Letter from Mykalai and Veronica Kontilai (Doc. # 765). Document filed by United States Securities and Exchange Commission..(Williams, Mark)

January 25, 2021

Filing 765 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim and George Lambert dated January 25 2021 re: Deposition Subpoenas. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)

January 25, 2021

Filing 764 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated January 25, 2021 re: Amended Reply to Plaintiff's Letter of January 15, 2021 Dkt. # 749 and Order at Dkt. 757. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stipulated Order On Renewed Motion For Preliminary Injunction).(Morris, Stanley)

January 25, 2021

Filing 763 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated January 25, 2021 re: Reply to Plaintiff's Letter of January 15, 2021 Dkt # 749 and Order at Dkt # 757. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Stipulated Order On Renewed Motion For Preliminary Injunction).(Morris, Stanley)

January 25, 2021

Filing 762 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 1.25.21 re: Doc.757. Document filed by Mykalai Kontilai..(Joseph, Peter)

January 22, 2021

Filing 761 NOTICE OF APPEARANCE by Christopher D. Skoczen on behalf of Timothy Dennin..(Skoczen, Christopher)

January 22, 2021

Filing 760 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated 01/22/2021 re: Election as to New Motion for Motion to Quash Subpoena. Document filed by Timothy Dennin..(Skoczen, Christopher)

January 21, 2021

Filing 759 MEMO ENDORSEMENT. The pre-motion conference requirement is waived. Mr. Dennin may elect to have this letter serve as the motion to quash or may file a new motion. He shall file a letter on ECF on January 22, 2021 stating his choice. If this letter serves as the motion, any response shall be due January 27, 2021 and any reply shall be due January 29, 2021. If a separate motion is filed, it shall be filed by January 27, 2021, and the briefing schedule shall be in accordance with Local Civil Rule 6.1(a) (that is, it shall not be in accordance with paragraph 2.B of the Court's Individual Practices.). No response is required to the subpoena until the Court issues a ruling. So that the Court may properly discharge its responsibility to "administer the discovery rules to secure the just, speedy, and inexpensive determination of this action," the Court will "invite" any other party that so wishes to file a letter on the question of whether the proposed discovery is "outside the scope permitted by Rule 26(b)(l)" by addressing any or all of the factors listed in that provision. N'Diaye v. Metro. Life Ins. Co., 2018WL 2316335, at *4 (S.D.N.Y. May 8, 2018). Any such letter must be filed two business days before defendants' response is due per the schedule set by the previous paragraph. (Signed by Magistrate Judge Gabriel W. Gorenstein on 01/21/2021) (Gorenstein, Gabriel)

January 21, 2021

Filing 758 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher D. Skoczen dated January 21, 2021 re: Request for Pre-Motion Conference for Leave to Move to Quash Subpoena. Document filed by Timothy Dennin. (Attachments: #1 Exhibit Ex. A - Subpoena, #2 Exhibit Ex. B - Demand Letter, #3 Exhibit Ex. C - Settlement Letter, #4 Exhibit Ex. D - Settlement Agreement, #5 Exhibit Ex. E - Amended Settlement Agreement, #6 Exhibit Ex. F - Order, #7 Exhibit Ex. G - Order of Dismissal, #8 Exhibit Ex. H i - SEC Amended Complaint, #9 Exhibit Ex. H ii - SEC Amended Complaint, #10 Exhibit Ex. I - Initial Subpoena).(Skoczen, Christopher)

January 21, 2021

Filing 757 ORDER. Mykalai Kontilai and Collectors Coffee, Inc. ("CCI") shall file a response to Docket #749 on or before January 25, 2021. re: #749 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated January 15, 2021 re: Continued Violations of Asset Freeze Order. Document filed by United States Securities and Exchange Commission. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/21/2021) (rjm)

January 20, 2021

Filing 756 MEMO ENDORSEMENT: on re: #752 Letter filed by Mykalai Kontilai. ENDORSEMENT: This letter represents the second time that Mykalai Kontilai has filed a letter to the Court that discusses a case he brought in another district. See Docket # 601. Both letters are improper because they seek no relief from the Court and are not fulfilling any discernable purpose that is legitimate. To the extent Kontilai thinks he is under a self-imposed commitment "to inform the Court on future substantial developments in that case," or, indeed any developments in that case, he is mistaken. In fact, his efforts to keep the Court apprised of the progress of this out-of-district case - whether of "substantial developments" or otherwise - are improper. To prevent the filing of such letters in the future, it is hereby ORDERED that Kontilai's attorneys shall cease filing letters to the Court that do not seek relief, that do not respond to a directive from the Court, or that are otherwise unauthorized by law. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/20/2021) (ama)

January 20, 2021

Filing 755 MEMO ENDORSEMENT on re: #752 Letter, filed by Mykalai Kontilai. ENDORSEMENT: This letter is referred to Judge Gorenstein to whom this action has been referred for general pretrial purposes. So Ordered (Signed by Judge Victor Marrero on 1/20/2021) (js)

January 19, 2021

Filing 754 MEMO ENDORSEMENT: on re: #753 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: Application granted. The deadline in Docket 124 par III.e for the disclosure of expert evidence is extended to March 5, 2021. The deadline in par. III.f is extended to March 12, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/19/2021) (ama)

January 19, 2021

Filing 753 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated January 19, 2021 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

January 19, 2021

Set/Reset Deadlines: Deposition due by 3/5/2021. (ama)

January 15, 2021

Filing 752 LETTER addressed to Judge Victor Marrero from George Lambert, counsel for Dft Mykalai Kontilai dated January 15, 2021 re: follow-up Information on case in DCD. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Waiver of Service filed).(Lambert, George)

January 15, 2021

Filing 751 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/13/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)

January 15, 2021

Filing 750 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/13/2021 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/5/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/15/2021..(rro)

January 15, 2021

Filing 749 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated January 15, 2021 re: Continued Violations of Asset Freeze Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit).(Miller, Terry)

January 14, 2021

Filing 748 MEMO ENDORSEMENT on re: #747 Letter filed by Mykalai Kontilai. ENDORSEMENT: If otherwise proper, the deposition of Andrew Ceresney may be taken on February 19, 2021. (Deposition due by 2/19/2021.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/14/2021) (cf)

January 14, 2021

Filing 747 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated January 14, 2021 re: Request to Take Deposition on February 19, 2021. Document filed by Mykalai Kontilai..(Heim, Robert)

January 13, 2021

Filing 746 ORDER granting #614 Motion for Protective Order. For the reasons stated today on the record, the motion for a protective order is granted to the extent stated on the record. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)

January 13, 2021

Filing 745 ORDER: With regard to the application for clarification made in Docket # 738, to which the SEC has responded (Docket # 739), the Court extended the November 16, 2020, discovery deadline only for discovery requests that "were made at a time the request could have been accomplished by [the November 16, 2020] deadline." Docket # 728 at 2. We reject the notion that 15deposition notices served on November 5 and 8 without dates and times as required by Fed. R.Civ. P. 30(b)(1), and without any evidence that dates had been discussed with the proposed deponents, could have been accomplished by November 16, 2020. Discovery had been ongoing for more than a year before November 16, 2020. The defendants took no depositions whatsoever in this period and, as far as the Court can tell, did not even attempt to schedule depositions. All this being said, the Court is prepared to allow a very small number of half-day depositions to be taken by defendants if they are noticed promptly in proper form and after discussion with the deponents and the parties, with any subpoenas being served swiftly and in accordance with law. (As further set forth in this Order.) Each deposition will be limited to four hours. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf)

January 13, 2021

Filing 744 ORDER: With regard to the application made in Docket # 735, 736, 741, the motion for a protective order as to the deposition of Mark Walter is granted in light of his apparent lack of unique personal knowledge of the issues in this case, the ability to obtain information from other sources, and the Court's consideration of the factors in Fed. R. Civ. P. 26(b)(1), including the importance of the discovery and the burden on Walter. In the unlikely event future depositions show unique personal knowledge of Walter, the application may be renewed. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf)

January 13, 2021

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Oral Argument held on 1/13/2021 re: #614 MOTION for Protective Order and Notice of Motion. filed by United States Securities and Exchange Commission. See transcript. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (rch)

January 12, 2021

Filing 743 OPPOSITION BRIEF re: #720 Objection (non-motion) Plaintiff's Memorandum of Law in Opposition to Objection to Magistrate Judge's Order Denying Motion to Compel Documents. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

January 12, 2021

Filing 742 MEMORANDUM OF LAW in Opposition re: #715 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

January 11, 2021

Filing 741 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated January 11, 2021 re: Reply in further support of request for pre-motion conference in anticipation of motion to quash non-party deposition subpoena served on Mark Walter. Document filed by Los Angeles Dodgers LLC..(Webb, Dan)

January 11, 2021

Filing 740 MEMORANDUM OF LAW in Opposition re: #733 Objection (non-motion) . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

January 11, 2021

Filing 739 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 01/11/2021 re: Response to Supplemental Request for Clarification (Doc. # 738). Document filed by United States Securities and Exchange Commission..(Williams, Mark)

January 7, 2021

Filing 738 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim and George Lambert dated January 7 2021 re: Request for Clarification of Discovery Order. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)

January 5, 2021

Filing 737 ORDER: The Los Angeles Dodgers may file a reply to docket # 736 on or before January 11,2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/05/2021) (ama)

January 5, 2021

Filing 736 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated January 5, 2021 re: Response to Request for Pre-Motion Conference re: Motion to Quash Mark Walter Deposition Subpoena [Docket 735]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

January 4, 2021

Filing 735 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated January 4, 2021 re: Request for pre-motion conference on anticipated motion to quash non-party deposition subpoena served on Mark Walter. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Declaration of Mark Walter).(Webb, Dan)

December 29, 2020

Filing 734 RESPONSE Intervenor Plaintiffs' Response to Objection to Magistrate Judge's Order Denying Motion for Stay. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

December 28, 2020

Filing 733 Objection re: #713 Order on Motion to Stay,,, . Document filed by Mykalai Kontilai..(Heim, Robert)

December 22, 2020

Filing 732 BRIEF re: #722 Brief RESPONSE TO PLAINTIFF SECS POST-HEARING BRIEF. Document filed by Mykalai Kontilai..(Heim, Robert)

December 22, 2020

Filing 731 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated December 22, 2020 re: Request for Order to File Under Seal. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

December 22, 2020

Filing 730 BRIEF in Response to Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion #723 . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

December 18, 2020

Filing 729 LETTER addressed to Judge Victor Marrero from Stanley Morris dated December 18, 2020 re: Rule 72 Objections (DE 715 & 720). Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Correspondence with Plaintiff).(Morris, Stanley)

December 18, 2020

Filing 728 MEMO ENDORSEMENT on re: #726 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Perhaps incorrectly, the Court viewed the original application as seeking an extension of the deadline to complete discovery that had already been noticed (and that the only reason the defendants did not join the application was because they wanted an agreement to exceed the 10-deposition limit). It was the Court's intention in granting the extension to enlarge the deadline for all parties -- but only as to discovery requests that had been made prior to the November 16 deadline and that were made at a time the request could have been accomplished by that deadline. If defendants seek discovery beyond this, they are obviously free to make an application for such relief. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/18/2020) (cf) Modified on 12/18/2020 (cf).

December 18, 2020

Filing 727 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 12/18/2020 re: Collector's Coffee Inc.'s Request for Clarification. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (email)).(Williams, Mark)

December 17, 2020

Filing 726 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley Morris dated December 17, 2020 re: Clarification of Order - Discovery Deadline. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit Correspondence with SEC).(Morris, Stanley)

December 17, 2020

Filing 725 MEMO ENDORSEMENT on re: #724 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Request Granted. The SEC's responses are do January 12, 2021. So Ordered. (Responses due by 1/12/2021) (Signed by Judge Victor Marrero on 12/17/2020) (js)

December 16, 2020

Filing 724 LETTER addressed to Judge Victor Marrero from Terry R. Miller, Esq. dated December 16, 2020 re: Motion for Extension of Deadlines to Respond to Defendants' Objections to Nondispositive Orders (Doc. # 715 & 720). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

December 15, 2020

Filing 723 BRIEF Defendant's Post Hearing Brief Regarding Plaintiff's Contempt Motion. Document filed by Mykalai Kontilai..(Heim, Robert)

December 15, 2020

Filing 722 BRIEF Plaintiff's Post-Hearing Brief in Support of Its Motion for Contempt and Sanctions. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

December 15, 2020

Filing 721 DECLARATION of Stanley C. Morris in Support re: #720 Objection (non-motion). Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Excerpts of Gail Holt Deposition, #2 Exhibit 2 Email From Magistrate Judge).(Morris, Stanley)

December 15, 2020

Filing 720 Objection re: #685 Memorandum & Opinion, Objection Pursuant to Rule 72 to December 1, 2020 Order (DE 685). Document filed by Collector's Coffee Inc...(Morris, Stanley)

December 14, 2020

Filing 719 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/8/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)

December 14, 2020

Filing 718 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/8/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)

December 14, 2020

Filing 717 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)

December 14, 2020

Filing 716 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)

December 14, 2020

Filing 715 Objection re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)

December 14, 2020

Filing 714 BRIEF re: #679 Order,, Objection Pursuant to Rule 72. Document filed by Collector's Coffee Inc...(Morris, Stanley)

December 11, 2020

Filing 713 ORDER: denying #635 Letter Motion to Stay. Inasmuch as two of the central reasons for staying civil actions pending criminal proceedings the risk that the defendant will be forced to invoke his Fifth Amendment privilege to his detriment in the civil case and the fact that the criminal case may beexpeditiously resolved do not apply here, and because our analysis otherwise strongly points to denying a stay, Kontilai's motion (Docket # 635) is denied. The calculus might change (a) if Kontilai returned to face the charges or (b) when the case reaches the trial stage (assuming Kontilai plans to testify). Thus, the application is denied without prejudice to renewal if either of these two events occurs. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2020) (ama)

December 11, 2020

Filing 712 NOTICE TO THE PARTIES: This Notice is issued solely to inform the parties that on December 11, 2020, at approximately 9:21 a.m., an individual identifying himself as John Dougan telephoned Chambers. The call was answered by a law clerk. Mr. Dougan stated to the law clerk that he was calling from overseas and needed to file an amicus brief in this case, but did not have access to ECF. He asked if the Court accepted filings by email. The law clerk informed Mr. Dougan that the Court did not accept any filings by email and ended the phone call. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2020) (cf)

December 10, 2020

Filing 711 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Motions Proposed in Dkt. Nos. 398 and 416. Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Victor Marrero on 12/10/2020) (ama) Modified on 12/11/2020 (ama).

December 10, 2020

Filing 710 ORDER: The Court will render an oral decision on the pending motion for a protective order (Docket # 614) on Wednesday, January 13, 2021, at 4:00 p.m. in a proceeding to be held by telephone. Any party to the motion shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) (As further set forth in this Order.) ( Telephone Conference set for 1/13/2021 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/2020) (cf)

December 9, 2020

Filing 709 ORDER: Before the Court is a November 23, 2020, request by Defendant Mykalai Kontilai, that I recuse myself from this action. On November 30, 2020, Intervenor Plaintiffs and Intervenor Defendant, The Jackie Robinson Foundation, Inc., filed letters in opposition to Mr. Kontilai's request, and on December 3, 2020, Plaintiff filed a letter in opposition to Mr. Kontilai's request. Mr. Kontilai's request is construed as a motion for recusal pursuant to 28 U.S.C. 455. While there is currently no conflict based on which my "impartiality might reasonably be questioned," United States v. Bayless, 201 F.3d 116, 126 (2d Cir. 2000), for the reasons discussed herein, including the avoidance of any appearance of impropriety, the motion is granted. Although Mr. Kontilai delayed in making this motion, there are factors that mitigate against a finding that the motion is untimely. First, there has been no final entry of judgment in this case. Second, there will be no waste of judicial resources or delay in day-to-day proceedings as a result of reassignment because the case continues to be under the supervision of Judge Gorenstein. Accordingly, Mr. Kontilai's motion for recusal is granted. The case shall be assigned to another judge by the Court's random selection process. (And as further set forth herein.) (Signed by Judge Lorna G. Schofield on 12/9/2020) (jca)

December 9, 2020

NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Lorna G. Schofield is no longer assigned to the case..(wb)

December 8, 2020

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held and concluded on 12/8/2020. (rch)

December 7, 2020

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Contempt Hearing held on 12/7/2020. (rch)

December 7, 2020

Filing 708 ORDER: The hearing scheduled for December 7, 2020, and December 8, 2020, at 9:00 a.m. will take place by remote means. Any member of the public may listen to the proceedings by dialing as follows: Monday, December 7, 2020: Dial: (929) 251-9612 or (415) 527-5035Meeting number (access code): 199 177 1907Passcode: 598 962 56Tuesday, December 8, 2020:Dial (929) 251-9612 or (415) 527-5035Meeting number (access code): 199 976 7929Passcode: 367 553 94. The recording or dissemination of this proceeding by any electronic means (such as audio or video) is strictly prohibited. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/7/2020) (rch)

December 7, 2020

Filing 707 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 7, 2020 re: Adding Witness E. Killian to Defendant's Witness List. Document filed by Mykalai Kontilai..(Heim, Robert)

December 4, 2020

Filing 706 MEMORANDUM ORDER re: #683 Letter: As reflected above, Kontilai has shown no need to examine an SEC lawyer as to any topic except as may be described above. This essentially disposes of the application and we do not find it necessary to reach the other Friedman factors. Accordingly, the SEC's application to preclude Kontilai from calling as witnesses SEC lawyers at the contempt hearing (Docket # 683) is granted to the extent stated above. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)

December 4, 2020

Filing 705 MEMO ENDORSEMENT on re: #701 Letter filed by Mykalai Kontilai ENDORSEMENT: Application denied. Testimony by an attorney as to legal issues (such as the appropriateness of a preclusion remedy or whether alleged conduct violated Colorado regulations), assuming arguendo these issues are even relevant to this proceeding, is not admissible. See generally Highland Capital Mgt., L.P. v. Schneider, 379 F. Supp. 2d 461, 469-73 (S.D.N.Y. 2005). Rather, it is for the Court to determine any such issues. As a result, there is no need for any additional hearing date. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)

December 4, 2020

Filing 704 ORDER re: #675 Letter filed by Mykalai Kontilai: With regard to Mykalai Kontilai's application (Docket # 675; see also Docket # 687), fora stay of this case pending appeal of the order appearing at Docket # 658, his application makesno sense and is denied, as further set forth in this order. The application for a stay pending the appeal of Docket # 658 is denied. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/4/2020) (jwh)

December 3, 2020

Filing 703 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Motion for Stay Pending Criminal Proceedings is Fully Submitted. Document filed by Mykalai Kontilai..(Heim, Robert)

December 3, 2020

Filing 702 REPLY MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)

December 3, 2020

Filing 701 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Request to Allow Witness To Testify in Contempt Hearing After December 8. Document filed by Mykalai Kontilai..(Heim, Robert)

December 3, 2020

Filing 700 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Need for Russian Interpreter. Document filed by Mykalai Kontilai..(Heim, Robert)

December 3, 2020

Filing 699 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 3, 2020 re: Motion In Limine. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kopylov Declaration).(Heim, Robert)

December 3, 2020

Filing 698 JOINDER to join re: #697 Opposition Brief, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

December 3, 2020

Filing 697 OPPOSITION BRIEF re: #662 Objection (non-motion) Plaintiff's Response To Defendant Mikalai Kontilai's Objection to Magistrate Judge's Order Denying Motion for Recusal [F.R.C.P. 72]. Document filed by United States Securities and Exchange Commission..(McKenna, Stephen)

December 3, 2020

Filing 696 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated December 3, 2020 re: Response to Kontilai's Request for Emergency Motion Conference for Stay Pending Appeal (Doc. # 675). Document filed by United States Securities and Exchange Commission..(Williams, Mark)

December 3, 2020

Filing 695 LETTER addressed to Judge Lorna G. Schofield from Terry R, Miller, Esq. dated December 3, 2020 re: Response to Kontilais application for disqualification (Dkt. No. 661). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

December 3, 2020

Filing 694 MEMO ENDORSEMENT on re: #692 Letter filed by Mykalai Kontilai. ENDORSEMENT: Pursuant to 28 U.S.C. 1827, the Interpreters Office of the Southern District of New York is directed to provide an interpreter for this witness. The witnesss testimony is hereby scheduled for 10:30 a.m. on Tuesday, December 8, 2020. If necessary, the Court will take a break from the testimony of any other testifying witness to hear from Amparo Sanchez at that time. ( Status Conference set for 12/8/2020 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/3/2020) (cf)

December 2, 2020

Filing 693 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 2, 2020 re: Opposition to SEC Motion In Limine. Document filed by Mykalai Kontilai..(Heim, Robert)

December 2, 2020

Filing 692 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 2, 2020 re: Interpreter. Document filed by Mykalai Kontilai..(Heim, Robert)

December 1, 2020

Filing 691 NOTICE of Additional Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Kontilai Deposition Designations).(Heim, Robert)

December 1, 2020

Filing 690 NOTICE of Deposition Designations. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Gail Holt Deposition).(Heim, Robert)

December 1, 2020

Filing 689 NOTICE of OF DEPOSITION DESIGNATIONS FOR DECEMBER 7-8, 2020, CONTEMPT HEARING. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Michael Rosten Deposition Designations, #2 Gail Holt Deposition Designations, #3 Veronica Kontilai Deposition Designations, #4 Veronica Kontilai Deposition Designations, #5 Mykalai Kontilai Deposition Designations, #6 Mykalai Kontilai Deposition Designations).(Miller, Terry)

December 1, 2020

Filing 688 MEMO ENDORSEMENT: on re: #686 Letter filed by Mykalai Kontilai. ENDORSEMENT: Counsel is correct that the Court will supply an interpreter for the witness, assuming the witness does not speak English sufficiently. The interpreter will simultaneously translate by telephone. (The witness should still appear by video, with microphone/speaker on mute.) On or before December 2, 2020, counsel shall file a letter that (1) verifies that the witness is not sufficiently fluent in English to testify; (2) provides a phone number where thewitness can be reached; and (3) provides the date (presumably Tuesday, December 8, 2020) and approximate time the witness is expected to testify. (If appropriate, counsel may redact the phone number and fax an unredacted version of the letter to Chambers.) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/01/2020) (ama)

December 1, 2020

Filing 687 MEMO ENDORSEMENT on re: #675 Letter filed by Mykalai Kontilai. ENDORSEMENT: This Order vacates the prior November 30, 2020, Order at Docket No. 681. The application is deemed addressed to Judge Gorenstein. Defendant Mykalai Kontilai's anticipated motion to stay pending appeal of the Order at Docket No. 658 falls within the Order of Reference to a Magistrate Judge at Docket No. 51, referring general pre-trial supervision to Judge Gorenstein. See 28 U.S.C. 636(b)(1) (A) (providing that "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court," with the exception of certain dispositive motions). (Signed by Judge Lorna G. Schofield on 12/1/2020) (rro)

December 1, 2020

Filing 686 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated December 1, 2020 re: Need For Interpreter. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Web Site FAQ).(Heim, Robert)

December 1, 2020

Filing 685 OPINION & ORDER re: #554 MOTION to Compel Securities and Exchange Commission to Produce. For the foregoing reasons, CCI's Motion to Compel (Docket # 554) is denied. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/2020) (cf)

December 1, 2020

Filing 684 ORDER: The hearing scheduled for December 7, 2020, and December 8, 2020 will take place byremote means. Any member of the public may listen to the proceedings by dialing as follows: Monday, December 7, 2020: Dial: (929) 251-9612 or (415) 527-5035 Meeting number (access code): 199 177 1907 Tuesday, December 8, 2020: Dial (929) 251-9612 or (415) 527-5035 Meeting number (access code): 199 976 7929 The recording or dissemination of this proceeding by any electronic means (such as audio or video) is strictly prohibited. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/1/2020) (cf)

November 30, 2020

Filing 683 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 30, 2020 re: SEC Motion in Limine to Exclude Testimony from SEC Counsel. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 30, 2020

Filing 682 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 30, 2020 re: Public Access and Participants in Remote Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 30, 2020

Filing 681 Vacated as per Judge's Order dated 12/1/2020, Doc. #687 MEMO ENDORSEMENT: on re: #675 Letter filed by Mykalai Kontilai. ENDORSEMENT: The application is deemed addressed to Judge Gorenstein. Defendant Mykalai Kontilai's anticipated motion to stay pending appeal of the Order at Docket No. 658 is non-dispositive and falls within the Order of Reference to a Magistrate Judge at Docket No. 51, referring general pre-trial supervision to Judge Gorenstein. In re: Ex parte Application of Iraq Telecom Ltd. for an Expedited Order to Take Discovery Pursuant to 28 U.S.C. 1782, No. 18 Misc. 458, 2020 WL 1047036, *1 (S.D.N.Y. Mar. 4, 2020) (treating a motion to stay as a non-dispositive motion); Crane v. Poetic Prods. Ltd., 549 F.Supp.2d 566, 568 (S.D.N.Y. Apr. 23, 2008) (explaining that a "motion to stay is non-dispositive and therefore within the scope of [a] general pretrial referral..."); see also Fed. R. Civ. P. 59 (providing that "[a] district judge may refer to a magistrate judge for determination any matter that does not dispose of a charge or defense"). (Signed by Judge Lorna G. Schofield on 11/30/2020) (ama) Modified on 12/1/2020 (rro).

November 30, 2020

Filing 680 LETTER addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 661]. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

November 30, 2020

Filing 679 ORDER: We consider in this Order the parties' letters docketed as # 625, 627, 631, 633, 634, 638,644 and 659. With regard to the application of Mykalai Kontilai and Collector Coffee, Inc. ("CCI") to take depositions in excess of the presumptive limit contained in Fed. R. Civ. P. 30(a)(2)(A)(i)(Docket # 627), the Court addressed this issue on July 8, 2020 (Docket # 433) when it ruled on an application by CCI (in Docket # 420) to expand the number of depositions. In the July 8 Order, the Court noted that CCI had failed to provide sufficient information to be granted such an order. It concluded by stating: And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/30/2020) (ama)

November 30, 2020

Filing 678 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Emergency Motion Conference for Stay Pending Appeal [Docket No. 675]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

November 30, 2020

Filing 677 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated November 30, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 661]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

November 27, 2020

Filing 676 MEMORANDUM OF LAW in Opposition re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 26, 2020

Filing 675 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 26, 2020 re: Stay Pending Appeal. Document filed by Mykalai Kontilai..(Heim, Robert)

November 26, 2020

Filing 674 RESPONSE in Opposition to Motion re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

November 26, 2020

Filing 673 NOTICE of Joinder in Notice of Appeal under 28 U.S.C. Section 1292 re: #663 Notice of Interlocutory Appeal,. Document filed by Veronica Kontilai..(Lambert, George)

November 25, 2020

Filing 672 MEMO ENDORSEMENT denying #671 Letter filed by Mykalai Kontilai. To ensure that parties properly prepare for the contempt hearing, which is imminent, and because the application is plainly deficient if not frivolous, the Court will rule on it without hearing from the SEC. The application is therefore denied. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/25/2020) (GWG)

November 25, 2020

Filing 671 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 25, 2020 re: Postponing Contempt Hearing Pending Appeal. Document filed by Mykalai Kontilai..(Heim, Robert)

November 24, 2020

Filing 670 NOTICE of Errata re: #647 Trial Brief. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Trial Brief).(Heim, Robert)

November 24, 2020

Filing 669 NOTICE of Errata re: #646 Proposed Findings of Fact. Document filed by Mykalai Kontilai. (Attachments: #1 Errata Corrected Proposed Findings).(Heim, Robert)

November 24, 2020

Filing 668 MEMO ENDORSEMENT on re: #662 Objection (non-motion) filed by Mykalai Kontilai. ENDORSEMENT: Plaintiff shall file a response to Defendant Mykalai Kontilai's objection to Judge Gorenstein's order at Docket No. 655 (Dkt. No. 662), by December 3, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 11/24/2020) (va)

November 24, 2020

Filing 667 MEMO ENDORSEMENT on re: #661 Letter Request for Recusal filed by Mykalai Kontilai. ENDORSEMENT: By December 3, 2020, Plaintiff shall file a responsive letter. So Ordered. (Signed by Judge Lorna G. Schofield on 11/24/20) (yv)

November 24, 2020

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #663 Notice of Interlocutory Appeal. (tp)

November 24, 2020

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #663 Notice of Interlocutory Appeal, filed by Mykalai Kontilai were transmitted to the U.S. Court of Appeals. (tp)

November 23, 2020

Filing 666 Exhibit List Amended. Document filed by Mykalai Kontilai..(Heim, Robert)

November 23, 2020

Filing 665 Exhibit List . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- SEC's Exhibit List, #2 Exhibit 2- Defendants' Exhibit List).(Miller, Terry)

November 23, 2020

Filing 664 WITNESS LIST. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Defendant's Witness List, #2 Exhibit 2- Defendant's Expert Witness List).(Miller, Terry)

November 23, 2020

Filing 663 NOTICE OF INTERLOCUTORY APPEAL from #658 Order on Motion for Conference,,,. Document filed by Mykalai Kontilai. Filing fee $ 505.00, receipt number ANYSDC-22713867. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Appendix Order of November 20, 2020).(Lambert, George)

November 23, 2020

Filing 662 Objection re: #655 Order, . Document filed by Mykalai Kontilai..(Heim, Robert)

November 23, 2020

Filing 661 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 23, 2020 re: Request for Recusal. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Email).(Heim, Robert)

November 23, 2020

Filing 660 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated November 23, 2020 re: Request for Order to Permanently Seal Docket No. 453-5. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Dkt. No. 453-5 Redacted).(Miller, Terry)

November 23, 2020

Filing 659 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 23, 2020 re: Fugitive Disentitlement Doctrine. Document filed by Mykalai Kontilai..(Heim, Robert)

November 20, 2020

Filing 658 ORDER terminating #613 Letter Motion for Conference. It is hereby ORDERED that the Asset Freeze covers all of "[t]he assets, funds, or other property held by or under the direct or indirect control of Defendants Collectors Caf or Mykalai Kontilai... up to the amount of $46,121,649.68," but gives Mr. Kontilai the opportunity to "seek leave from th[e] order upon a proper showing." See Dkt. No. 12, 3 and 5/10. It is further ORDERED that Defendants have failed to make a proper showing and, for the reasons outlined below, their request to use funds subject to the Asset Freeze is DENIED. (As further set forth in this Order.) The Clerk of Court is respectfully directed to close the motion at Docket No. 613. (Signed by Judge Lorna G. Schofield on 11/20/2020) (cf)

November 19, 2020

Filing 657 REPLY to Response to Motion re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by United States Securities and Exchange Commission..(McKenna, Stephen)

November 19, 2020

Filing 656 ORDER: The Court writes to clarify and correct portions of the Order issued November 17, 2020 (Docket # 649). With regard to the statement in paragraph 1 that "Counsel should call Chambers to obtain the email address," this sentence refers only to counsel for the SEC, which is hosting the platform. Other counsel should not call Chambers to obtain an email address. The SEC isresponsible for providing login information/credentials to all parties and the Court. Paragraph 2 currently states that "No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court via email a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing." This portion of paragraph 2 is corrected to read: "No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court, via a letter filed on ECF, a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing." The Court notes that each attorney is responsible for having an accurate email address and phone number for any witness called by that attorney.SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2020) (ama)

November 19, 2020

Filing 655 ORDER: For the reasons stated above, I see no basis on which I could lawfully recuse myself. I therefore deny the application to recuse (Docket # 640). And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2020) (ama)

November 18, 2020

Filing 654 ORDER. Mykalai Kontilai is given leave to respond to the SEC's letter (Docket # 633) on the issue of the application of the fugitive disentitlement doctrine to his requests in Docket # 627. The response shall be filed as soon as practicable and in any event no later than November 23, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/18/2020) (Gorenstein, Gabriel)

November 17, 2020

Filing 653 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer, Esq. dated November 17, 2020 re: JRF's Response to Defendant Kontilai's Request for Recusal (ECF No. 640). Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

November 17, 2020

Filing 652 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 17, 2020 re: SEC Response to Kontilais request for Recusal (Doc. # 640). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 17, 2020

Filing 651 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 17, 2020 re: Response to SEC Letter re Criminal Counsel Fees. Document filed by Mykalai Kontilai..(Heim, Robert)

November 17, 2020

Filing 650 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 17, 2020 re: Response to Defendant Mykalai Kontilai's Request for Recusal [Docket No. 640]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

November 17, 2020

Filing 649 ORDER ON VIRTUAL HEARING PROCEDURES: IT IS HEREBY ORDERED THAT: Telephonic and Videoconferencing Solutions. The hearing shall take place virtually using the WebEx platform hosted by the SEC. All counsel and any testifying party who participate in the hearing shall participate in a pre-trial technology testing session on November 30, 2020, at noon EST by connecting to a WebEx conference hosted by the SEC from the same location and equipment counsel and any testifying party will use to attend the hearing and remaining connected until counsel for all parties confirm that they can see and hear all other participants. The SEC shall provide login credentials to the parties, counsel (for use by counsel and/or witnesses called by counsel) and to the Court (and its personnel) in advance. In addition to Judge Gorenstein, two law clerks, a deputy clerk and a court reporter will participate in the test and the hearing. Only the Judge will appear by video camera. The others will need to participate by telephone and will also need to see the video feed. Thus, an option for participation by telephone (with a method for viewing the video feed) should be provided for the clerks and the court reporter. The logins may be emailed to one of the law clerks. (Counsel should call Chambers to obtain the email address.) For both the test and the hearing, the SEC should assign an individual to operate the system and to take direction from the Court when necessary. Access. No later than November 30, 2020 at 5:00 p.m., the parties shall provide to the Court via email a list of all (a) attorneys participating in the hearing, along with their phone numbers and email addresses; (b) witnesses who will participate in the hearing. The public is invited to attend the hearing on a non-speaking basis by utilizing a dial-in number that will beprovided on the docket. The SEC shall file a letter on that date providing the public dial-in number. To the Court. The parties must file a listing of witnesses and proposed exhibits on or before November 23, 2020 (Plaintiff shall use numbers to designate exhibits. Defendant shall use letters). Copies of those marked exhibits shall be provided to the Court in.pdf form on a CD-ROM disk mailed to or delivered to chambers on November 23, 2020. Audio files will be delivered on the CD-ROM disk in.wav form. Demonstrative exhibits shall be provided to the Court in.pdf form on a CD-ROM disk mailed to or delivered to chambers on December 3, 2020. The parties must serve their opposing side with copies of these submissions. The parties shall file any deposition designations on or before December 1, 2020. And as set forth herein., ( Deposition due by 12/1/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2020) (ama)

November 17, 2020

Filing 648 ORDER: With regard to Docket # 639 and 643, defendants state that they are unable to pay for the Zoom platform they have proposed and the Court is aware that many governmental agencies have found security deficits in the Zoom platform. Accordingly, the Court will not require the use of Zoom at this time. In light of the representation that the WebEx platform has already been used by the SEC and by the parties to this case, and given that defendants counsel has not provided a compelling reason why it should not be used, the Court finds that WebEx is an appropriate platform. The Court assumes that it can be easily accessed with a web link. Accordingly, the proposed Order proffered by the SEC will be issued with minor changes. Finally, with regard to defendant's location (discussed in Docket # 642), it is odd for a party in his sworn statement to seek to have the Court make a ruling. The Court assumes that defendant's attorneys have satisfied themselves that he can legally appear from Russia for the hearing. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/17/2020) (ama)

November 16, 2020

Filing 647 TRIAL BRIEF . Document filed by Mykalai Kontilai..(Heim, Robert)

November 16, 2020

Filing 646 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Mykalai Kontilai, Veronica Kontilai..(Heim, Robert)

November 16, 2020

Filing 645 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 16, 2020

Filing 644 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 16, 2020 re: SEC response to Veronica Kontilai's application to enlarge discovery. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 16, 2020

Filing 643 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 16, 2020 re: Contempt Hearing Procedures. Document filed by Mykalai Kontilai. (Attachments: #1 Text of Proposed Order Text of Proposed Order on procedures for remote contempt hearing).(Heim, Robert)

November 16, 2020

Filing 642 AFFIDAVIT of MYKALAI KONTILAI re: #609 Order,,,,,,,,,,,,,,, dated October 30, 2020. Document filed by Mykalai Kontilai..(Lambert, George)

November 15, 2020

Filing 640 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 15, 2020 re: Disqualification. Document filed by Mykalai Kontilai..(Heim, Robert)

November 13, 2020

Filing 641 MEMO ENDORSEMENT on re: #632 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: By November 17, 2020, Defendants shall file a responsive letter addressing Plaintiff's arguments included in the responsive letter at Docket No. 632, and including any relevant evidence. The Court is likely to decide this issue on the parties' submissions. (Signed by Judge Lorna G. Schofield on 11/13/2020) (cf)

November 13, 2020

Filing 639 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 13, 2020 re: Proposed Order for remote contempt hearing procedures. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order on procedures for remote contempt hearing).(Miller, Terry)

November 13, 2020

Filing 638 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated November 2, 2020 re: Clarification of Factual Errors. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 CCI Depositions Taken, #2 Exhibit 2 CCI Noticed Depositions).(Morris, Stanley)

November 12, 2020

Filing 637 DECLARATION of Robert Heim in Support re: #635 MOTION to Stay Pending Criminal Proceedings.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Colorado Indictment, #2 Exhibit Nevada Indictment, #3 Exhibit Press Release, #4 Exhibit Wanted Poster).(Heim, Robert)

November 12, 2020

Filing 636 MEMORANDUM OF LAW in Support re: #635 MOTION to Stay Pending Criminal Proceedings. . Document filed by Mykalai Kontilai..(Heim, Robert)

November 12, 2020

Filing 635 MOTION to Stay Pending Criminal Proceedings. Document filed by Mykalai Kontilai..(Heim, Robert)

November 12, 2020

Filing 634 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 12, 2020 re: Response to Defendant Mykalai Kontilai's Request For Additional Discovery [Dkt. 627] As Well As Response To The Joinder In That Request Filed By Veronica Kontilai [Dkt. 631]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

November 12, 2020

Filing 633 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 12, 2020 re: Response to Defendants request for additional discovery (Doc. # 627). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 12, 2020

Filing 632 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated November 12, 2020 re: Response to Request for Pre-motion Conference re Asset Freeze Order [Dkt. # 612]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 12, 2020

Filing 631 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, attorney for Relief Defendant Veronica Kontilai dated November 12, 2020 re: Joinder in Letter for Mykalai Kontilai, of November 9, 2020, Dkt 627. Document filed by Veronica Kontilai..(Lambert, George)

November 11, 2020

Filing 630 MEMORANDUM OF LAW in Opposition re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1 Pages from Holt Deposition).(Heim, Robert)

November 11, 2020

Filing 629 DECLARATION of Stanley C. Morris in Opposition re: #614 MOTION for Protective Order and Notice of Motion.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Excerpts of Gail Holt Deposition, #2 Exhibit Proffer Agreements).(Morris, Stanley)

November 11, 2020

Filing 628 MEMORANDUM OF LAW in Opposition re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by Collector's Coffee Inc...(Morris, Stanley)

November 9, 2020

Filing 627 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 9, 2020 re: Discovery Extension and Additional Depositions. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc., Mykalai Kontilai..(Heim, Robert)

November 9, 2020

Filing 626 TRIAL BRIEF re Contempt Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 9, 2020

Filing 625 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated November 9, 2020 re: Request for clarification of discovery order (Doc. # 624). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 9, 2020

Filing 624 MEMO ENDORSEMENT: on re: #616 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The request to extend deadlines in this case is granted as follows. The deadline in paragraph III.d of Docket 124 (as extended by Docket # 212, 406, 433, 513) is extended to January 20, 2021. The deadline in paragraph 111.e is extended to February 19, 2021. The deadline in paragraph III.f is extended to February 26, 2021. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/09/2020) (ama)

November 9, 2020

Set/Reset Deadlines: Discovery due by 1/20/2021. (ama)

November 6, 2020

Filing 623 ORDER re: #622 Letter filed by Mykalai Kontilai. Obviously, the pendency of the application for a stay does not affect any party's responsibility to comply with any obligations or deadlines. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/06/2020) (Gorenstein, Gabriel)

November 6, 2020

Filing 622 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 6, 2020 re: Motion for Stay of Case. Document filed by Mykalai Kontilai..(Heim, Robert)

November 6, 2020

Filing 621 ORDER: denying #452 Motion for Sanctions. ORDERED that, Defendant Mykalai Kontilai's objections to the October 15, 2020 Order at Docket No. 452 are DENIED as untimely. Defendant did not properly file his objections untilNovember 6, 2020, more than 14 days after the October 15, 2020, Order was issued. In addition, Defendant could have corrected his filing error within the time for filing objections to October 15, 2020, Order at Docket No. 452, but instead, waited until November 6, 2020, to file objections. (Signed by Judge Lorna G. Schofield on 11/06/2020) (ama)

November 6, 2020

Filing 620 MEMO ENDORSEMENT on re: #617 Letter filed by Mykalai Kontilai. ENDORSEMENT: "A decision on a motion to stay is non-dispositive," McGowan v. Green, No. 03 Civ. 5400, 2010 WL 2891183 at *4 (S.D.N.Y. July 12, 2010), and thus the relief sought herein is within the Order of Reference. Defendant's statement that he "does not consent to a Magistrate Judge hearing this motion" is irrelevant because the parties' consent to the Court's reference of non-dispositive matters to a magistrate judge is not required. The application is DENIED without prejudice to renewal before Judge Gorenstein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/6/2020) (jca)

November 6, 2020

Filing 619 ORDER: It is hereby ORDERED that, by November 12, 2020, the parties shall meet and confer to attempt to resolve any issues regarding Defendants use of certain funds for hiring criminal defense and extradition counsel and criminal defense experts of his choice, and based on the results of the parties meet and confer, either (i) the parties shall file a stipulation regarding the scope of the Temporary Restraining Order or (ii) Plaintiff shall file a responsive letter to the request for clarification in the pre-motion letter at Docket No. 612. It is further ORDERED that, any requests regarding dissolution of the Temporary Restraining Order, which in substance, involve consideration of the merits of the Motion for Preliminary Injunction, are referred to Judge Gorenstein pursuant to Docket Nos. 59 and 143 for a final order. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/6/2020) (cf)

November 6, 2020

Filing 618 Objection re: #594 Order,, #605 Appeal of Magistrate Judge Decision to District Court . Document filed by Mykalai Kontilai..(Heim, Robert)

November 5, 2020

Filing 617 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 5, 2020 re: Motion to Stay Civil Case. Document filed by Mykalai Kontilai..(Heim, Robert)

November 4, 2020

Filing 616 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 4, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

November 3, 2020

Filing 615 MEMORANDUM OF LAW in Support re: #614 MOTION for Protective Order and Notice of Motion. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- Topics List, #2 Exhibit 2- SEC Deposition Proffer, #3 Exhibit 3- Gail Holt Deposition Excerpts, #4 Exhibit 4- Michael Rosten Deposition Excerpts).(Miller, Terry)

November 3, 2020

Filing 614 MOTION for Protective Order and Notice of Motion. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

November 3, 2020

Filing 613 LETTER MOTION for Conference re: #612 Letter Joinder of Veronica Kontilai to Letter of of Mykalai Kontilai, on relief of lifting assets' freeze, addressed to Judge Lorna G. Schofield from George Lambert, counsel for Veronica Kontilai dated November 3, 2020. Document filed by Veronica Kontilai..(Lambert, George)

November 1, 2020

Filing 612 LETTER addressed to Judge Lorna G. Schofield from Robert Heim dated November 1, 2020 re: Motion to Lift Asset Freeze/Pay Criminal Defense Counsel Fees. Document filed by Mykalai Kontilai..(Heim, Robert)

November 1, 2020

Filing 611 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated November 1, 2020 re: Withdrawal of Request for Premotion Conference. Document filed by Mykalai Kontilai..(Heim, Robert)

October 30, 2020

Filing 610 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 30 2020 re: Preliminary Injunction and Asset Freeze. Document filed by Mykalai Kontilai..(Heim, Robert)

October 30, 2020

Filing 609 ORDER: With regard to the hearing on the SEC's motion for contempt (Docket # 452), the Court rules as follows: (1) The SEC shall provide a trial memorandum or letter on or before November 9, 2020, that describes precisely what additional conduct encompassed by Docket # 497 is the subject of the contempt application and sets forth any applicable law not already part of its motion papers. Defendant Mykalai Kontilai may respond by means of a trial memorandum or letter on or before November 16, 2020. No reply is necessary as the Court expects to permit post-hearing briefing. (2) New York State has imposed quarantine requirements on individuals arriving from a number of states. In addition, infections are on the rise and traveling may impose a serious risk to some individuals. In light of the fact that there are many out-of-state counsel and witnesses, the Court will hold the contempt hearing entirely by remote means. The Court will require a reliable platform. Other judges on this Court have found satisfactory a platform called Trial Graphix. See, e.g., Order, dated October 14, 2020 in Flatiron Acquisition Vehicle LLC v. CSE Mortgage LLC, 17 Civ. 8987 (GHW) (S.D.N.Y.) (Docket # 157). However, the Court is open to any proposal for a reliable platform. The parties will have to pay any costs associated with the platform. If they cannot agree on a manner of payment, the only option may be to postpone the hearing until a time when quarantine restrictions are less onerous. (3) It will be unacceptable for any witness to testify from a car or any location other than a private and quiet room in a home or office. All witnesses must in advance provide the expected location (without a specific address) of their testimony and be available for conferencing by means of a separate phone line during their testimony. The phone number must be provided to the attorney calling that witness. The locations shall be included in the listing of witnesses that shall be filed on November 23, 2020 (see paragraph (7) below). (4) Once the platform is agreed upon, the parties shall provide a jointly proposed Order or competing proposed Orders similar to the order cited in paragraph (2) above; see also Order, dated June 23, 2020 in FGIC v. The Putnam Advisory Company, LLC, 12 Civ. 7372 (LJL)(S.D.N.Y.) (Docket # 322). The proposed Order may also include additional provisions that the parties believe are necessary or appropriate. The proposed Order shall be filed by November 16,2020. (5) The attorneys and any testifying party must participate in a dry run of the platform at least one week in advance of the conference. This requirement may be further fleshed out in the proposed Order. (6) Mykalai Kontilai must provide his testimony from a jurisdiction where it is legally permissible to do so. On or before November 16, 2020, Mykalai Kontilai shall file a sworn statement describing what arrangements he will make to travel to a private room in an appropriate jurisdiction and shall provide the location of the room. (7) The proposed Order shall provide that the parties must file a listing of witnesses and proposed exhibits on or before November 23, 2020. (Plaintiff shall use numbers to designate exhibits. Defendant shall use letters). Any proposed Order shall require that copies of those marked exhibits shall be provided to the Court in pdf form on a CD-ROM disk mailed to or delivered to Chambers on November 23, 2020. The parties may wish to propose separate procedures for potential cross-examination documents as was true in the orders cited in paragraphs (2) and (4) above. The proposed Order shall provide that the parties shall file any deposition designations on or before December 1, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/30/2020) (nb)

October 29, 2020

Filing 608 MEMO ENDORSEMENT on re: #601 Letter filed by Mykalai Kontilai. ENDORSEMENT: This letter requires no action by the Court. This case in any event is referred to Judge Gorenstein for general pretrial supervision. SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/29/2020) (jca)

October 28, 2020

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Heim, Robert to RE-FILE Document #605 Appeal of Magistrate Judge Decision to District Court. Use the event type Objection (non-motion) found under the event list Other Answers. (nd)

October 28, 2020

Filing 607 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 28, 2020 re: Proposal for Contempt Hearing. Document filed by Mykalai Kontilai..(Heim, Robert)

October 28, 2020

Filing 606 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 28, 2020 re: SEC proposal on arrangements for contempt hearing. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Excerpts of Mykalai Kontilai Deposition).(Miller, Terry)

October 28, 2020

Filing 605 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - APPEAL OF MAGISTRATE JUDGE DECISION to District Court from #594 Order,,. Document filed by Mykalai Kontilai..(Heim, Robert) Modified on 10/29/2020 (nd).

October 27, 2020

Filing 604 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated October 27, 2020 re: Notification of Submitted Briefs and Request for Hearing. Document filed by Collector's Coffee Inc...(Morris, Stanley)

October 26, 2020

Filing 603 AFFIDAVIT OF SERVICE of Notice of Deposition and Subpoena served on Mary Pradt on October 16, 2020. Service was accepted by Mary Pradt. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

October 24, 2020

Filing 602 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 10.24.2020 re: DE 599 Joinder Response to DE 591. Document filed by Steven C Sessa..(Sessa, Steven)

October 23, 2020

Filing 601 LETTER addressed to Judge Lorna G. Schofield from George Lambert, counsel for Dft Mykalai Kontilai dated October 23, 2020 re: Courtesy copies. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Lambert, George)

October 21, 2020

Filing 600 ORDER FOR ADMISSION PRO HAC VICE: granting #598 Motion for Robert Zachary DeMarco to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/2020) (ama)

October 21, 2020

Filing 599 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 10.21.2020 re: Response to DE591. Document filed by Curtis Alva..(Alva, Curtis)

October 21, 2020

Filing 598 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(DeMarco, Robert)

October 21, 2020

Filing 597 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 21, 2020 re: Dkt 570, Endorsement Order. Document filed by Mykalai Kontilai..(Lambert, George)

October 21, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #598 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

October 21, 2020

ORDER denying #596 Motion to Amend/Correct. Counsel must follow the instructions given in the October 20 docket entry as to the name of any renewed motion: "Re-file the motion as a Corrected Motion to Appear Pro Hac Vice." (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)

October 20, 2020

Filing 596 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(DeMarco, Robert)

October 20, 2020

Filing 595 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22225373. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Text of Proposed Order Proposed Order).(Chesnoff, David) Modified on 10/20/2020 (vba).

October 20, 2020

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #595 MOTION for Robert Zachary DeMarco to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22225373. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)

October 15, 2020

Filing 594 ORDER: The Court concludes that allowing each party six hours for presentation of its case and for any cross-examination of the opposing party's witnesses is sufficient. The parties shall file proposed findings of fact and conclusions of law by November 16, 2020. The hearing shall beheld on December 7 and 8, 2020. The parties shall discuss any arrangements that need to be made for the appearance of witnesses and/or attorneys (and possibly the Court) by video and shall make a joint or separate proposals on this question. The joint or separate proposals described above shall be filed on or before October 28,2020. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/2020) (ama)

October 14, 2020

Filing 593 MEMO ENDORSEMENT: on re: #589 Letter filed by Mykalai Kontilai. ENDORSEMENT: In light of the representation in Docket # 592 that Kontilai's attorney stopped questioning the witness at the deposition at a point when there was time remaining within the 7-hour time period contemplated by Fed. R. Civ. P. 30(d)(1), this application is denied. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/14/2020) (ama)

October 8, 2020

Filing 592 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 8, 2020 re: Response to Doc. # 589 re Deposition of Gail Holt. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

October 8, 2020

Filing 591 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 8, 2020 re: Order dated October 5, Dkt 586. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit A, #2 Exhibit B).(Lambert, George)

October 7, 2020

Filing 590 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Joseph Perry dated October 7, 2020 re: Response to Robert Heim's October 6, 2020 Letter (Dkt. 589). Document filed by Gail Herman-Holt..(Perry, Joseph)

October 6, 2020

Filing 589 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Robert Heim dated October 6, 2020 re: Request for Additional Day for Deposition of Gail Holt. Document filed by Mykalai Kontilai..(Heim, Robert)

October 6, 2020

Filing 588 ORDER FOR ADMISSION PRO HAC VICE: granting #583 Motion for Stephen C. McKenna to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/06/2020) (ama)

October 5, 2020

Filing 587 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 10.05.2020 re: Response to DE 582. Document filed by Steven C Sessa..(Sessa, Steven)

October 5, 2020

Filing 586 ORDER: To the extent the purpose of Docket # 582 is to seek relief relating to discovery, the request is denied for failure to comply with paragraph 2.A of the Court's Individual Practices. To the extent it seeks a "stay" of the time to respond to Docket # 497, the request is denied as moot given that the time to respond to that letter expired more than two months ago. While the letter is unclear that Kontilai has made appropriate efforts to obtain from his former attorneys a copy of electronic files produced to the SEC, the Court notes that an obvious method for getting a copy of an electronic file produced to another party is to ask that party to send a copy. On a separate point: in light of the representation in Docket # 585 regarding whether the attorneys held a conference on September 29, 2020, and the description contained in the Declaration of George Lambert dated September 29, 2020 (Docket # 579-1), Mr. Lambert is directed to file letter explaining why it was not misleading to have stated to the Court in his letter of September 29, 2020 (Docket # 579), that "[o]n September 29, 2020, Kontilai's new counsel conducted a conference, at which the latest attempts to get the portions of the representation file be transferred immediately met the usual pretexts to delay such transfers." Mr. Lambert is reminded that a Court relies on representations made in a letter as being completely truthful and accurate and a Court must not be expected to scour attachments to determine whether statements made in a letter are misleading. The filing required by this paragraph shall be made on or before October 9, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2020) (ama)

October 2, 2020

Filing 585 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 10.2.2020 re: Reply to DE 582. Document filed by Curtis Alva..(Alva, Curtis)

October 2, 2020

Filing 584 NOTICE OF APPEARANCE by Robert Gerard Heim on behalf of Mykalai Kontilai..(Heim, Robert)

October 2, 2020

Filing 583 MOTION for Stephen C. McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration of Stephen C. McKenna, #2 Certificate of Good Standing, #3 Text of Proposed Order).(McKenna, Stephen)

October 2, 2020

Filing 582 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated October 2, 2020 re: Plaintiff's Dkt 497, pre-motion letter of plaintiff. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Lambert, George)

October 2, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #583 MOTION for Stephen C. McKenna to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

September 30, 2020

Filing 581 ORDER: Docket # 579 does not include a proper proposed order to show cause, see Local Civil Rule 7.1(a)(1), and also does not include a proper memorandum of law, see Local Civil Rule 7.1(a)(2). Moreover, it fails to comply with paragraph 2.D of the Court's Individual Practices. The deficiencies are not confined to procedural failings. The Court finds the submission unclear in numerous respects, both factual and legal. Finally, the Court is not convinced that sufficient efforts have been made to arrange a telephone conversation with the former attorneys that might clarify, if not resolve, the dispute. The attorneys shall confer as soon as practicable. The application is denied. Counsel for Mykalai Kontilai shall serve this Order on the former attorneys. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/30/2020) (ama)

September 30, 2020

Filing 580 AFFIDAVIT OF SERVICE of Notice of Deposition and Subpoena served on Peggy Brown on September 26, 2020. Service was accepted by Steve Glazner. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

September 29, 2020

Filing 579 NOTICE of of Compliance with Endorsement Order Dkt 570, of Sept. 13, and Dkt 572, of Sept. 23, 2020 re: #570 Order,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit of George Lambert, #2 Exhibit 1-9, #3 Text of Proposed Order).(Lambert, George)

September 29, 2020

Filing 578 ORDER: Accordingly, the defendants seeking the depositions are directed to provide to the SEC, by October 6, 2020, a listing of each specific topic area that they seek information on as to each witness. The SEC has the option to proffer answers as to any questions by October 13, 2020. If, after this exercise is complete, the defendants still seek to depose any of the SEC witnesses, they shall so inform the SEC in writing by October 20, 2020. At that time, if it is still necessary, the SEC may move for a protective order by letter or formal motion. In the interim, none of the requested depositions shall take place. As to the SECs request for permission to make a motion to Judge Schofield for judgment on the pleadings regarding certain defenses (Docket # 563), the request is denied without prejudice to renewal before the undersigned (see Docket # 573) following the disposition of any application for a protective order, in the event such renewal is necessary. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/29/2020) (cf)

September 28, 2020

Filing 577 ORDER denying as moot #576 Letter Motion for Discovery. Application denied as moot. With respect to future depositions or document-sharing, the question of what commercial platform the parties will use is the sort of issue that parties who are not deliberately trying to waste the time of the Court and their adversaries manage to work out with ease among themselves. The requests for information from the SEC about their use of the platform contained at the end of this letter are tangential to the issues in this case and thus will not be the subject of relief. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/28/2020) (cf)

September 27, 2020

Filing 576 LETTER MOTION for Discovery Issue, addressed to Magistrate Judge Gabriel W. Gorenstein from GEORGE LAMBERT, COUNSEL FOR DFT MYKALAI KONTILAE dated SEPTEMBER 27, 2020. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit of MARK MELTSER, #2 Exhibit 1 to Meltser Affidavit, #3 Exhibit 2 to Meltser Affidavit, #4 Exhibit 3 to Meltser Affidavit, #5 Exhibit 4 to Meltser Affidavit).(Lambert, George)

September 25, 2020

Filing 575 MEMORANDUM OF LAW in Opposition re: #554 MOTION to Compel Securities and Exchange Commission to Produce. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Declaration of Jacqueline M. Moessner, #2 Exhibit 2 Supplemental Privilege Log).(Miller, Terry)

September 23, 2020

Filing 574 MEMO ENDORSEMENT on re: #572 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied without prejudice. Please talk to the other side before asking the Court to issue a ruling. If there is agreement by the parties on the issue, the Court will "so order" any stipulation reached by the parties. If not, the pre-motion conference requirement is waived. Counsel for Mykalai Kontilai is directed to serve a copy of this Order as well as docket # 570 on Messrs. Alva and Sessa immediately. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/23/2020) (ks)

September 23, 2020

Filing 573 MEMO ENDORSEMENT on re: #571 Notice (Other) filed by Mykalai Kontilai. ENDORSEMENT: Pursuant to the Order of Reference to Magistrate Judge at Dkt. No. 51, Plaintiff's request for a pre-motion conference (Dkt. No. 563), is referred to Judge Gorenstein for determination as to whether "the presence of [Defendant Mykalai Kontilai's] defenses is materially affecting the plaintiff's discovery obligations," or whether pursuant to Judge Gorenstein's March 19, 2020, Order, Plaintiff's challenges to Mr. Kontilai's defenses "should await the filing of summary judgment motions at the end of discovery." (Dkt. No. 272). (Signed by Judge Lorna G. Schofield on 9/23/2020) (jca)

September 23, 2020

Filing 572 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Curtis Alva dated 9.23.2020 re: Response to DE 558. Document filed by Mykalai Kontilai..(Alva, Curtis)

September 22, 2020

Filing 571 NOTICE of of Response pursuant to Endorsement Order, Dkt 566 re: #563 Letter,. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Lambert, George)

September 21, 2020

Filing 570 ORDER: The former attorneys for Mykalai Kontilai, Steven Sessa and Curtis Alva, are directed to confer by telephone with George A. Lambert regarding the letter dated September 13, 2020 (Docket # 558). If agreement cannot be reached, the Court's pre-motion conference requirement is waived and Kontilai has leave to submit a proposed Order to Show Cause to the Court (accompanied by a memorandum of law and affidavit). Counsel for Kontilai is directed to serve a copy of this Order on the former attorneys. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)

September 21, 2020

Filing 569 MEMO ENDORSEMENT: on re: #557 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The Court was unable to address this request before today and now rules as follows: 1) Given the complexity of this case and the multiple claims, the application to shorten the length of the deposition is denied. 2) As to the issue of the topics to be raised at the deposition, the topics were made clear months ago and it is thus inexplicable that CCI brought the issue to the Court's attention only five business days before the deposition was scheduled to begin. (This letter was filed long after business hours on the sixth business day before the scheduled date.) Given that any preparation of the witness must necessarily have occurred by now, the Court views the application as moot. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)

September 21, 2020

Filing 568 MEMO ENDORSEMENT on MOTION TO BE RELIEVED AS COUNSEL TO RELIEF DEFENDANT VERONICA KONTILAI: granting #540 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. T. Louis Palazzo is relieved as counsel. SO ORDERED. Attorney Louis Palazzo terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/21/2020) (ama)

September 17, 2020

Filing 567 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated September 16, 2020 re: Protective Order CCI Deposition. Document filed by Collector's Coffee Inc...(Morris, Stanley)

September 16, 2020

Filing 566 MEMO ENDORSEMENT on re: #563 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Defendant Mykalai Kontilai shall file a letter response, not to exceed three (3) pages, by September 23, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 9/16/2020) (jca)

September 15, 2020

Filing 565 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated 09/15/2020 re: Response to Defendant Collector's Coffee, Inc.'s letter dated September 11, 2020 requesting a pre-motion conference for a protective order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Williams, Mark)

September 15, 2020

Filing 564 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated September 15, 2020 re: Response to Defendant Collector's Coffee, Inc.'s letter dated September 11, 2020 requesting a pre-motion conference for a protective order. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

September 15, 2020

Filing 563 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller dated September 15, 2020 re: Application for Pre-Motion Conference on SECs Anticipated Motion for Partial Judgment on the Pleadings Regarding Affirmative Defenses. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

September 15, 2020

Filing 562 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 15, 2020 re: Request for Conference and Formal Briefing re Doc. # 561. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

September 15, 2020

Filing 561 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 15, 2020 re: Request for Discovery Conference for Motion for Protective Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1 Deposition Notice of SEC Counsel, #2 Exhibit 2 Kontilai's Deposition Notice of SEC, #3 Exhibit 3 CCI's Deposition Notice of SEC, #4 Exhibit 4 Excerpt of Gail Holt Deposition).(Miller, Terry)

September 15, 2020

Filing 560 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated September 15, 2020 re: Motion for Protective Order. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

September 14, 2020

Filing 559 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 14, 2020 re: Stipulation on additional time for deposition of Mykalai Kontilai (Doc. # 553). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

September 13, 2020

Filing 558 LETTER MOTION for Discovery re. transfer of file issue, moving for Court's intervention, addressed to Magistrate Judge Gabriel W. Gorenstein from George Lambert, counsel for Dft Mykalai Kontilai dated September 13, 2020. Document filed by Mykalai Kontilai..(Lambert, George)

September 11, 2020

Filing 557 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated September 11, 2020 re: Protective Order CCI Deposition. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit A Deposition Topics, #2 Exhibit B specific Objections, #3 Exhibit C Meet and Confer Ltr to Counsel).(Morris, Stanley)

September 11, 2020

Filing 556 DECLARATION of Stanley C. Morris in Support re: #554 MOTION to Compel Securities and Exchange Commission to Produce.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Privilege Log, #2 Exhibit 2 Supplement to Privilege Log, #3 Exhibit 3 Declaration of Edward Little, #4 Exhibit 4 Dougan Notes, #5 Exhibit 5 Dougan Notes, #6 Exhibit 6 SEC Correspondence, #7 Exhibit 7 SEC Objections and Responses, #8 Exhibit 8 Judge Loretta Preska Order, #9 Exhibit 9 Dougan).(Morris, Stanley)

September 11, 2020

Filing 555 MEMORANDUM OF LAW in Support re: #554 MOTION to Compel Securities and Exchange Commission to Produce. Documents. Document filed by Collector's Coffee Inc...(Morris, Stanley)

September 11, 2020

Filing 554 MOTION to Compel Securities and Exchange Commission to Produce. Document filed by Collector's Coffee Inc...(Morris, Stanley)

September 11, 2020

Filing 553 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 11, 2020 re: Request for additional time for deposition of Mykalai Kontilai. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

September 10, 2020

Filing 552 AFFIDAVIT of MYKALAI KONTILAE re: #537 Order on Motion for Extension of Time,,,,,,,,, . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Lambert, George)

September 10, 2020

Filing 551 NOTICE of Declaration of Stanley C. Morris In Response to Court Order Re Deposition of Collector's Coffee, Inc. re: #537 Order on Motion for Extension of Time,,,,,,,,,. Document filed by Collector's Coffee Inc...(Morris, Stanley)

September 10, 2020

Filing 550 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated September 10, 2020 re: Response re: Deposition of Veronica Kontilai [DE 549]. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

September 9, 2020

Filing 549 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 9.9.2020 re: Discovery conference; protective order. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit 7.18.20 letter from Dr. Saben, #2 Exhibit 9.8.20 letter from Dr. Saben).(Joseph, Peter)

September 9, 2020

Filing 548 ORDER: granting #547 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/09/2020) (ama)

September 9, 2020

Filing 547 LETTER MOTION for Extension of Time for Debevoise & Plimpton LLP to complete its document production addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated September 9, 2020. Document filed by Debevoise & Plimpton LLP..(Tahbaz, Christopher)

September 9, 2020

Filing 546 ORDER ON ADMISSION PRO HAC VICE granting #544 Motion for George Lambert to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/9/2020) (cf)

September 8, 2020

Filing 545 MEMO ENDORSEMENT on re: #542 Letter, filed by United States Securities and Exchange Commission. Application granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/8/2020) (rch)

September 8, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #544 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice for VERONICA KONTILAI. Filing fee $ 200.00, receipt number ANYSDC-21526307. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

September 7, 2020

Filing 544 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice for VERONICA KONTILAI. Filing fee $ 200.00, receipt number ANYSDC-21526307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Kontilai. (Attachments: #1 Affidavit with 3 exhibits, #2 Text of Proposed Order).(Lambert, George)

September 4, 2020

Filing 543 MEMO ENDORSEMENT: on re: #542 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: CCI shall respond to this application by letter filed on or before 12 noon on September 8, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/04/2020) (ama)

September 4, 2020

Filing 542 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated September 4, 2020 re: Request for Extension of Time to Respond to Interrogatories. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

September 2, 2020

Filing 541 MEMO ENDORSEMENT on MOTION FOR ADMISSION PRO HAC VICE granting #539 Motion for GEORGE LAMBERT to Appear Pro Hac Vice. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/02/2020) (ama)

September 1, 2020

Filing 540 FIRST MOTION for T. Louis Palazzo to Withdraw as Attorney For Relief Defendant Veronica Kontilai. Document filed by Veronica Kontilai..(Palazzo, Louis)

September 1, 2020

Filing 539 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Affidavit with 3 Certificates).(Lambert, George)

September 1, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #539 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

August 31, 2020

Filing 538 NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Veronica Kontilai..(Joseph, Peter)

August 28, 2020

Filing 537 ORDER granting #529 Letter Motion for Extension of Time. The Court has reviewed Docket # 529 and the letters in response (Docket # 533, 534, 535, 536). The Court will permit Kontilai to delay his deposition until September 18, 2020. Kontilai remains obligated to make all arrangements necessary to ensure that the deposition proceeds smoothly. Accordingly, Kontilai must file an affidavit by September 10, 2020, stating all arrangements he has made to ensure the deposition proceeds from Ukraine without interruption (including, but not limited to, the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there). The parties may agree to alter these dates without Court approval. The Court has not previously been asked to schedule of the deposition of Collector's Coffee, Inc. ("CCI"). Given that it cannot be certain whether Kontilai will invoke his Fifth Amendment privilege at some point in the future, CCI is directed to begin preparing now a witness other than Kontilai to testify as the witness designated under Fed. R. Civ. P. 30(b)(6). Presumably, if the ultimate designee is a witness other than Kontilai, the deposition will take place by video in the United States from a location agreed to by the parties. The Court is prepared to accede to a limited adjournment of the planned deposition dates. CCI shall have an authorized person file an affidavit by September 10, 2020, stating who the designee will be and stating all arrangements he or she has made to ensure the deposition proceeds without interruption either from Ukraine, if Kontilai is the designee, or the location in the United States if it is someone else (including, but not limited to, the platform that will be used for the deposition; the precise location where the deposition will take place; the arrangements he or she has made for internet access; and, in the event Kontilai is the designee, the arrangements Kontilai has made to travel). The deposition of CCI shall take place on September 21, 2020, and if necessary, September 22, 2020. The parties may agree to alter these dates without Court approval. SO ORDERED. Deposition due by 9/18/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/28/2020) (ama)

August 27, 2020

Filing 536 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 08/27/2020 re: Docket 535. Document filed by Mykalai Kontilai..(Joseph, Peter)

August 27, 2020

Filing 535 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 27, 2020 re: Supplement to Response to Docket 529 [With My Original Response Being Assigned Docket 534]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

August 27, 2020

Filing 534 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 27, 2020 re: Docket 529 Position of the Intervenor Plaintiffs and Joinder in Docket 533. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

August 27, 2020

Filing 533 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated August 27, 2020 re: Response to Defendants Joint Application to Delay Depositions (Doc. # 529). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

August 26, 2020

Filing 532 ORDER: granting #531 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2020) (ama)

August 26, 2020

Filing 531 LETTER MOTION for Extension of Time for Debevoise to complete its document production addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated August 26, 2020. Document filed by Debevoise & Plimpton LLP..(Tahbaz, Christopher)

August 25, 2020

Filing 530 AFFIDAVIT of Mykalai Kontilai in Support re: #529 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 8/25/2020.. Document filed by Mykalai Kontilai..(Joseph, Peter)

August 25, 2020

Filing 529 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Peter Alan Joseph Esq. dated 8/25/2020. Document filed by Mykalai Kontilai. Return Date set for 8/27/2020 at 09:00 AM..(Joseph, Peter)

August 25, 2020

Filing 528 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21319081. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit With Exhibits, Certificates of good standing, #2 Text of Proposed Order).(Lambert, George) Modified on 8/25/2020 (vba).

August 25, 2020

Filing 527 NOTICE OF APPEARANCE by Peter Alan Joseph on behalf of Mykalai Kontilai..(Joseph, Peter)

August 25, 2020

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #528 MOTION for GEORGE LAMBERT to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21319081. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF FLORIDA; SUPREME COURT OF MASSACHUSETTS;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)

August 20, 2020

Filing 526 MEMO ENDORSEMENT re: #525 Letter, filed by Collector's Coffee Inc. ENDORSEMENT: The Court's pre-motion conference requirement is waived. The motion shall be filed forthwith and shall comply with the Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/20/2020) (nb)

August 19, 2020

Filing 525 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated August 19, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Affirmation of Edward Little, #2 Exhibit 2 SEC Privilege Log, #3 Exhibit 3 Gail Holt Proffer Agreement).(Morris, Stanley)

August 19, 2020

Filing 524 ORDER granting #457 Motion to Withdraw as Attorney. ; granting #458 Motion to Withdraw as Attorney. ; granting #462 Motion to Withdraw as Attorney. ; granting #464 Motion to Withdraw as Attorney. ; granting #465 Motion to Withdraw as Attorney. ; granting #466 Motion to Withdraw as Attorney. ; granting #467 Motion to Withdraw as Attorney. ; granting #468 Motion to Withdraw as Attorney. Good cause having been shown, the motions to withdraw (Docket # 457, 458, 462, 464, 465, 466, 467, 468) are granted effective on September 11, 2020, at 12:00 noon. If no new attorney has filed a notice of appearance as of that date and time, defendant Mykalai Kontilai will proceed pro se. Also, if no such notice has been filed, permission to withdraw is conditioned on (1) the filing, in consultation with Kontilai, of a sworn statement by one of the attorneys containing all telephone numbers, postal addresses, and email addresses where Kontilai may be contacted; and (2) an attorney filing a letter that attaches the Court's form, signed by Kontilai, by which a pro se defendant consents to be served electronically. The form is available at: https://www.nysd.uscourts.gov/sites/default/files/2018-06/proseconsentecfnotice-final.pdf and will be accepted only in the event Kontilai is required to proceed pro se. The appearance of new counsel and/or any self-representation by Kontilai will have no effect on any deadlines in this matter. While Kontilai's current attorneys are remaining on the case for now, Kontilai should start preparing to represent himself inasmuch as he may be required to proceed pro se beginning on September 11, 2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/19/2020) (rro)

August 19, 2020

Filing 523 FOURTH MOTION for Curtis S. Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Alva, Curtis)

August 19, 2020

Filing 522 FOURTH MOTION for Steven C. Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai..(Sessa, Steven)

August 18, 2020

Filing 521 NOTICE of Filing re: #517 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Exhibit A - Declaration of Kontilai, #2 Affidavit Exhibit B - Declaration Solopov).(Sessa, Steven)

August 18, 2020

Filing 520 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated August 18, 2020 re: Notification of Submitted Briefs and Request for Hearing. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

August 17, 2020

Filing 519 REPLY MEMORANDUM OF LAW in Support re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

August 14, 2020

Filing 518 NOTICE of Filing re: #515 Order,,. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit Exhibit A - MK Affidavit, #2 Affidavit Exhibit B - GL Affidavit).(Sessa, Steven)

August 10, 2020

Filing 517 ORDER: The Court grants Kontilai's application to hold the deposition by videoconference in Belarus provided (1) Kontilai files an affidavit on or before August 18, 2020, stating all arrangements he has made to ensure the deposition proceeds from Belarus without interruption (including but not limited to the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there); and (2) Kontilai files by August 18, 2020, documents reflecting that the appropriate authorities in Belarus have given permission for the deposition to occur there. Any deposition in Belarus must take place by August 28, 2020, unless the parties agree otherwise in writing. If Kontilai fails to fulfill the two conditions in the previous paragraph, the Court in the alternative will permit Kontilai to hold the deposition by videoconference from Ukraine if, by August 25, 2020, Kontilai files an affidavit stating all arrangements he has made to ensure thedeposition proceeds from Ukraine without interruption (including but not limited to the platform that will be used for the deposition, the precise location where the deposition will take place, the arrangements he has made for internet access, and the arrangements he has made to travel there). Any deposition in Ukraine must take place by September 4, 2020, unless the parties agree otherwise in writing. If Kontilai fails to fulfill the conditions in either of the two previous paragraphs, the deposition will take place live in New York on September 11, 2020, at a location to be specified by the SEC, unless the parties agree otherwise in writing. With respect to any video deposition, the parties should attempt to stipulate to the details of the manner in which the deposition will be held perhaps in line with Judge Liman's Individual Practices as set forth in Docket # 499. SO ORDERED., ( Deposition due by 9/11/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2020) (ama)

August 10, 2020

Filing 516 MEMO ENDORSEMENT on RELIEF DEFENDANT VERONICA KONTILAI'S MOTION FOR RECONSIDERATION OF MOTION FOR PROTECTIVE ORDER terminated as moot #489 Motion for Reconsideration. ENDORSEMENT: The SEC must have a lot of time on its hands to have filed Docket # 511 notwithstanding an agreement with opposing counsel resolving the issue raised by this motion (see Docket # 514). The motion forreconsideration (Docket # 489) is terminated as moot. Ms. Kontilai shall appear for her deposition on September 10 and 14, 2020, unless the parties agree otherwise in writing. Next time, please present such an agreement by means of a proposed stipulation and order. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2020) (ama)

August 10, 2020

Filing 515 ORDER: With regard to the motions to withdraw filed by the attorneys for Mykalai Kontilai, Kontilai is directed to file an affidavit on or before August 14, 2020, indicating all efforts he has made to obtain new counsel, including any interactions with his insurance company to obtain approval of such counsel. Included in this affidavit shall be any information he may have as to if or when new counsel would file a notice of appearance. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/10/2020) (ama)

August 6, 2020

Filing 514 REPLY to Response to Motion re: #489 FIRST MOTION for Reconsideration of Motion For Protective Order. . Document filed by Veronica Kontilai..(Palazzo, Louis)

August 5, 2020

Filing 513 MEMO ENDORSEMENT: on re: #512 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: Application Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2020) (ama)

August 5, 2020

Filing 512 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated August 5, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

August 4, 2020

Filing 511 MEMORANDUM OF LAW in Opposition re: #489 FIRST MOTION for Reconsideration of Motion For Protective Order. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

August 4, 2020

Filing 510 OPINION AND ORDER: For the reasons above, the Objections are OVERRULED. It is further ORDERED that, pursuant to the Order at Dkt. No. 382, Kontilai is directed to produce the tax returns within two business days of the issuance of this order. (Signed by Judge Lorna G. Schofield on 8/04/2020) (ama)

August 3, 2020

Filing 509 MEMORANDUM OF LAW in Opposition re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. . Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Affidavit).(Sessa, Steven)

August 3, 2020

Filing 508 MEMORANDUM OF LAW in Opposition re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. #453 . Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Exhibit A).(Palazzo, Louis)

August 3, 2020

Filing 507 NOTICE of Relief Defendant Veronica Kontilai's Memorandum of Law in Support of Opposition to Plaintiff United States Securities and Exchange Commission's Motion For Contempt. Document filed by Veronica Kontilai..(Palazzo, Louis)

August 3, 2020

Filing 506 REPLY MEMORANDUM OF LAW in Support re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. . Document filed by Collector's Coffee Inc...(Morris, Stanley)

August 3, 2020

Filing 505 STIPULATION AND ORDER: NOW, THEREFORE, the Parties have agreed to modify the Subpoena on the following terms and conditions: 1. All DOCUMENTS (including e-mails) that COLLECTOR'S COFFEE provided to YOU during the course of YOUR representation of COLLECTOR'S COFFEE. 2. All e-mails and other written COMMUNICATIONS between YOU and any third-party RELATING TO COLLECTOR'S COFFEE; as further set forth herein. Within a reasonable period of time but no later than sixty (60) days upon being presented with a reasonably detailed bill including identification of the time expended in collecting and producing the agreed-upon categories of documents, Collector's or its insurer will pay DP for the cost of producing the documents identified herein up to $50,000. DP understands that compensation of the expenses incurred by DP in responding to the Subpoena as set forth above will be covered by insurance. If insurance does not cover any expenses, Collector's will be responsible for payment. DP reserves the right to not release the final portion of the productions until Collector's or its insurer pays DP in full for the amount of time covered by this agreement. DP will undertake rolling productions, the first of which can be made on August 7, 2020, and DP will use its best efforts to complete all productions by approximately August 27, 2020. DP will provide advance notice to Collector's if that deadline needs to be extended; as further set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/3/2020) (mro)

August 1, 2020

Filing 504 NOTICE of Notice of Errata re: #499 Letter,. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Corrected Declaration).(Morris, Stanley)

August 1, 2020

Filing 503 PROPOSED STIPULATION AND ORDER. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1 Subpoena Duces Tecum).(Morris, Stanley)

July 31, 2020

Filing 502 MEMO ENDORSEMENT: on re: #500 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 8/3/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2020) (ama)

July 31, 2020

Filing 501 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 07/31/2020 re: Reply to Defendant's Supplemental Letter [Doc. # 499] re Location of Mykalai Kontilais Deposition. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

July 31, 2020

Filing 500 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 31, 2020 re: Stipulated Request for Extension of Time. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 31, 2020

Filing 499 SUPPLEMENTAL LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.31.2020 re: Reply to SEC Letter DE 487, Location of Mykalai Kontilais Deposition. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)

July 31, 2020

Filing 498 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.31.2020 re: Reply to SEC Letter DE 487, Location of Mykalai Kontilai's Deposition. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 30, 2020

Filing 497 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 30, 2020 re: SEC Request for Sanctions Under Rule 37(b)(2)(A). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 30, 2020

Filing 496 ***SELECTED PARTIES***NOTICE of Filing Under Seal re: #493 Order on Motion to Seal,,,. Document filed by Veronica Kontilai, Adobe Investments, LLC, Collector's Coffee Inc., Collector's Coffee, Inc., Debevoise & Plimpton LLP, Jackie Robinson Foundation, Inc., Mykalai Kontilai, SDJ Investments, LLC, Darren Sivertsen, United States Securities and Exchange Commission. (Attachments: #1 Exhibit Unredacted Letter)Motion or Order to File Under Seal: #491 .(Palazzo, Louis)

July 30, 2020

Filing 495 ***SELECTED PARTIES***NOTICE of Filing Under Seal re: 463 Order on Motion for Leave to File Document,. Document filed by Veronica Kontilai, Adobe Investments, LLC, Collector's Coffee Inc., Collector's Coffee, Inc., Debevoise & Plimpton LLP, Jackie Robinson Foundation, Inc., Mykalai Kontilai, SDJ Investments, LLC, Darren Sivertsen, United States Securities and Exchange Commission. (Attachments: #1 Exhibit Unredacted Letter)Motion or Order to File Under Seal: #445 .(Palazzo, Louis)

July 30, 2020

Filing 494 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7-30-2020 re: Motions to Withdraw are fully submitted. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 29, 2020

Filing 493 RELIEF DEFENDANT VERONICA KONTILAI'S APPLICATION TO FILE EXHIBIT UNDER SEAL: granting #491 Letter Motion to Seal. Relief Defendant Veronica Kontilai hereby moves this Honorable Court, pursuant to the Court's Individual Rules of Practice 2.E, for an Order permitting Relief Defendant Veronica Kontilai to file "Exhibit A" to Relief Defendant's Motion For Reconsideration of Motion For Protective Order, under seal. Relief Defendant respectfully requests that "Exhibit A" be filed under seal because it concerns private and sensitive medical information, protected under HIPAA, related to Relief Defendant's medical/psychiatric condition. Application to file under seal granted. Counsel shall file forthwith the unredacted version of this document under seal so that it is visible to the other attorneys on this case and to the Court. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/29/2020) (ama)

July 29, 2020

Filing 492 REPLY to Response to Motion re: #457 MOTION for Steven C. Sessa to Withdraw as Attorney ., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai., #458 MOTION for Curtis Alva to Withdraw as Attorney ., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . , #476 NOTICE of Correspondence, #470 & #480 OPPOSITIONS. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 28, 2020

Filing 491 LETTER MOTION to Seal addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated July 18, 2020. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)

July 28, 2020

Filing 490 DECLARATION of Louis Palazzo in Support re: #489 FIRST MOTION for Reconsideration of Motion For Protective Order.. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)

July 28, 2020

Filing 489 FIRST MOTION for Reconsideration of Motion For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)

July 28, 2020

Filing 488 NOTICE of Motion For Reconsideration of Motion For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)

July 28, 2020

Filing 487 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated July 28, 2020 re: Location of Mykalai Kontilai's Deposition [Dkt. No. 482]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 28, 2020

Filing 486 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 7/22/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)

July 28, 2020

Filing 485 TRANSCRIPT of Proceedings re: Telephone Conference held on 7/22/2020 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2020. Redacted Transcript Deadline set for 8/28/2020. Release of Transcript Restriction set for 10/26/2020..(rro)

July 27, 2020

Filing 484 REPLY to Response to Motion re: #457 MOTION for Steven C. Sessa to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #458 MOTION for Curtis Alva to Withdraw as Attorney ., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney ., #462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai. , #476 NOTICE and [470 & 480] OPPOSITIONS. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 27, 2020

Filing 483 REPLY MEMORANDUM OF LAW in Support re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Collector's Coffee Inc...(Morris, Stanley)

July 27, 2020

Filing 482 MEMO ENDORSEMENT: on re: #481 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: The SEC is directed to address defendant's proposal that the deposition take place by video, with the defendant located in Ukraine or Belarus. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/27/2020) (ama)

July 24, 2020

Filing 481 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 24, 2020 re: Date of Mykalai Kontilai's Deposition in New York. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 24, 2020

Filing 480 MEMORANDUM OF LAW in Opposition re: #457 MOTION for Steven C. Sessa to Withdraw as Attorney ., #462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai., #458 MOTION for Curtis Alva to Withdraw as Attorney ., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 24, 2020

Filing 479 MEMORANDUM OF LAW in Opposition re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. . Document filed by United States Securities and Exchange Commission..(Williams, Mark)

July 24, 2020

Filing 478 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.24.2020 re: Deposition Relocation of Mr. Kontilai. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 24, 2020

Filing 477 ORDER re: #304 MOTION for Reconsideration re; #301 Order filed by United States Securities and Exchange Commission. For the reasons stated on the record during the July 22, 2020 oral argument, the SEC's motion for reconsideration (Docket # 304) is further granted to the following extent. Defendant Mykalai Kontilai, shall on or before August 7, 2020, produce to the SEC documents in his custody or control: (1) pertaining to 566 Tam O Shanter, Las Vegas, Nevada, and 4035/4045 Pinecrest Street, Las Vegas, Nevada, as well as records from entities through which Kontilai may hold an interest in these properties, including but limited to the Bed Red Irrevocable Trust and the Paloma Emily, LLC; and (2) evidencing title to real property in which Defendant Collector's Coffee Inc. or Relief Defendant Veronica Kontilai has any direct or indirect beneficial interest. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/2020) (ama)

July 24, 2020

Filing 476 NOTICE of Correspondence from Mr. Kontiali to Mr. Miller among others dated 7.23.2020. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Sessa, Steven)

July 24, 2020

Filing 475 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 7.24.2020 re: Alternative Order Amending Temporary Restraining Order. Document filed by Mykalai Kontilai. (Attachments: #1 Supplement, #2 Text of Proposed Order).(Sessa, Steven)

July 24, 2020

Filing 474 MEMO ENDORSEMENT on re: #472 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The motion to compel shall be filed by July 31, 2020. Briefing thereafter shall be in accordance with paragraph 2.B of the Court's Individual Practices. (Motions due by 7/31/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/2020) (cf)

July 24, 2020

Filing 473 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 7.24.2020 re: Alternative Proposed Order. Document filed by Mykalai Kontilai. (Attachments: #1 Supplement, #2 Text of Proposed Order).(Sessa, Steven)

July 23, 2020

Filing 472 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated July 23, 2020 re: Joint Request for Extension on Deadline to File Motion to Compel. Document filed by Collector's Coffee Inc...(Morris, Stanley)

July 23, 2020

Filing 471 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated July 23, 2020 re: Proposed Order for the Production of Certain Real Property Records. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order).(Williams, Mark)

July 23, 2020

Filing 470 RESPONSE to Motion re: #462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai., #465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney ., #466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai., #464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai., #468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

July 23, 2020

Filing 469 ORDER: denying #443 Motion for Protective Order. Accordingly, the motion for a protective order (Docket # 443) is denied. Nonetheless, in an abundance of caution, the Court will direct (1) that the deposition take place by video; (2) that Kontilai not be deposed for more than 3-1/2 hours in one day; and (3) that if more than 3-1/2 hours of questioning is planned, the second deposition day be scheduled for at least 2 business days later. Veronica Kontilai is ordered to appear for her deposition on dates agreed upon by the parties, which shall be no earlier than August 10, 2020. If the parties cannot agree on dates, the parties may present their proposals for dates by letter on or before August 3, 2020, and the Court will order the deposition to take place on dates certain. And as set forth herein. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2020) (ama)

July 23, 2020

Set/Reset Deadlines: Deposition due by 8/10/2020. (ama)

July 22, 2020

Filing 468 SUPPLEMENTAL MOTION for Steven Sessa to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)

July 22, 2020

Filing 467 SUPPLEMENTAL MOTION for Curtis Alva to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)

July 22, 2020

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 7/22/2020. Discovery orders issued. See transcript. To order the transcript, follow the instructions on the court's website to obtain an Electronic Court Recording (ECR) transcript The request form is available by clicking on the link to "transcript request form" in the last paragraph on the following website page: http://www.nysd.uscourts.gov/courtrm_tech.php#ecr. Plaintiff to provide form of proposed order. (rch)

July 21, 2020

Filing 466 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)

July 21, 2020

Filing 465 AMENDED MOTION for Curtis Alva to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)

July 21, 2020

Filing 464 AMENDED MOTION for Steven Sessa to Withdraw as Attorney to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)

July 21, 2020

Filing 463 ORDER granting #445 Letter Motion for Leave to File Document. The application to seal is granted. The document at issue shall be filed as a sealed document on ECF forthwith. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)

July 21, 2020

Filing 462 MOTION for Guillermo Ariel Gleizer to Withdraw as Attorney of Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Declaration ISO Withdrawal Application).(Gleizer, Guillermo)

July 21, 2020

Filing 461 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Guillermo Gleizer dated July 20, 2020 re: Leave to Withdraw Application. Document filed by Mykalai Kontilai. (Attachments: #1 Notice Motion to Withdraw, #2 Declaration in Support).(Gleizer, Guillermo)

July 21, 2020

Filing 460 MEMO ENDORSEMENT on re: #459 Letter filed by Mykalai Kontilai. The request to adjourn the oral argument on the motion for reconsideration is denied. While counsel has filed a motion to withdraw (a motion that fails to comply with Local Civil Rule 7.1 and Paragraph 2.B of the Court's Individual Practices), counsel remains on the case absent an order of the Court. See Local Civil Rule 1.4. Nothing in the motion to withdraw as filed suggests that counsel would be unable to argue the motion for reconsideration and nothing in this letter so indicates. (Signed by Magistrate Judge Gabriel W. Gorenstein on 07/21/2020) (Gorenstein, Gabriel)

July 20, 2020

Filing 459 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 07.20.2020 re: Emergency Request for Adjournment of July 22, 2020 Oral Argument. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 20, 2020

Filing 458 MOTION for Curtis Alva to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Alva, Curtis)

July 20, 2020

Filing 457 MOTION for Steven C. Sessa to Withdraw as Attorney . Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)

July 17, 2020

Filing 456 DECLARATION of Louis Palazzo in Support re: #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal.. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)

July 17, 2020

Filing 455 REPLY MEMORANDUM OF LAW in Support re: #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal. . Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)

July 17, 2020

Filing 454 ORDER granting #371 Motion to Compel. The Court might consider an application to hold the deposition by video from a location other than Russia if it were persuaded that it was legally permissible to do so. But Kontilai has not proposed any other location. And the only place that we know for sure Kontilai can legally appear for the deposition is the United States. Kontilai has not articulated any impediment to his appearing in the United States other than his argument regarding its effect on his asylum application. Accordingly, Kontilai is ordered to appear for his deposition in this district on a date agreed upon by the parties. If they cannot agree on a date, the parties may present their proposals for the date by letter filed on or before July 24, 2020, and the Court will order the deposition to take place on a date certain. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/17/2020) (rj)

July 17, 2020

Filing 453 MEMORANDUM OF LAW in Support re: #452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12).(Miller, Terry)

July 17, 2020

Filing 452 MOTION for Sanctions NOTICE OF PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS REPLACEMENT MOTION FOR CONTEMPT AND SANCTIONS. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 16, 2020

Filing 451 ORDER granting #449 Motion for Amelia R. Garza-Mattia to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/16/2020) (rj)

July 15, 2020

Filing 450 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Christopher K. Tahbaz dated July 15, 2020 re: Third Party Debevoise Application to File Under Seal. Document filed by Debevoise & Plimpton LLP. (Attachments: #1 Exhibit 1- Redacted Responses and Objections to Subpoena).(Tahbaz, Christopher)

July 15, 2020

Filing 449 MOTION for Amelia R. Garza-Mattia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20699362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Declaration of Amelia R. Garza-Mattia, with Certificate, #2 Text of Proposed Order).(Garza-Mattia, Amelia)

July 15, 2020

Filing 448 MEMORANDUM OF LAW in Opposition re: #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal. . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 15, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #449 MOTION for Amelia R. Garza-Mattia to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20699362. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

July 14, 2020

Filing 447 CERTIFICATE OF SERVICE of [ECF 440] [ECF 441] served on Louis Palazzo, Terry Miller, Mark L. Williams, Curtis Alva, Guillermo Ariel Gleizer, Steven Sessa, Seth Eliot Spitzer, Cristina Isabel Calvar, Michael P. Roche and Dan K. Webb on July 13, 2020. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

July 14, 2020

Filing 446 DECLARATION of Louis Palazzo in Support re: #445 FIRST LETTER MOTION for Leave to File Redacted Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated July 13, 2020., #443 FIRST MOTION for Protective Order and Application To File Exhibit Under Seal.. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Palazzo, Louis)

July 14, 2020

Filing 445 FIRST LETTER MOTION for Leave to File Redacted Letter addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated July 13, 2020. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Redacted Letter).(Palazzo, Louis)

July 14, 2020

Filing 444 NOTICE of filing Motion For Protective Order and Application To File Exhibit Under Seal. Document filed by Veronica Kontilai..(Palazzo, Louis)

July 14, 2020

Filing 443 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION for Protective Order and Application To File Exhibit Under Seal. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Redacted Letter, #3 Exhibit Email Correspondence).(Palazzo, Louis) Modified on 7/28/2020 (lb).

July 13, 2020

Filing 442 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 07.13.2020 re: Agreed Deadline Schedule per Order dated July 6, 2020. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 13, 2020

Filing 441 MEMORANDUM OF LAW in Opposition re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

July 13, 2020

Filing 440 RESPONSE to Motion re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

July 13, 2020

Filing 439 MEMO ENDORSEMENT on re: #438 Letter filed by Collector's Coffee Inc. ENDORSEMENT: The deadline for filing the motion to compel production from Debevoise & Plimpton is extended to July 24, 2020. The remaining schedule for this motion shall be in accordance with paragraph 2.B of the Court's Individual Practices. (Motions due by 7/24/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/13/2020) (jwh)

July 12, 2020

Filing 438 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated July 12, 2020 re: Joint Request For Briefing Schedule. Document filed by Collector's Coffee Inc...(Morris, Stanley)

July 10, 2020

Filing 437 ORDER: Oral argument on the pending motion for reconsideration (as described in Docket # 358) will take place on July 22, 2020, at 4:00 p.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. Each attorney or unrepresented party is directed to ensure that all other attorneys or unrepresented parties on the case are aware of the oral argument date and time. In addition, any requests for an adjournment must be made in compliance with Judge Gorenstein's rules (available at:http://nysd.uscourts.gov/judge/Gorenstein). SO ORDERED., ( Oral Argument set for 7/22/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein., Telephone Conference set for 7/22/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/10/2020) (ama)

July 9, 2020

Filing 436 MEMO ENDORSEMENT: on re: #419 Letter filed by Mykalai Kontilai. ENDORSEMENT: There are some troubling things in this letter the suggestion that Mr. Sessa's problem derives from the fact that he chose not to limit the SEC to discussing "one issue" during the initial meet-and-confer; that it is relevant to his conduct that he believed the SEC's letter to the Court to be overlong or overbroad; the lack of recognition that his error occurred not on June 22 but rather early in the day on June 19 when he apparently knew he could not file his response by the Court-ordered deadline but took no action during business hours to seek an extension; that on June 22 he apparently relied on a single individual to make any filings in this case and if that individual was not available, he had no mechanism to make any filing (a failing he claims to be rectifying). Notwithstanding these concerns, the Court will not issue a sanction at this time but will instead admonish Mr. Sessa to scrupulously comply with Court orders in the future. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) (ama)

July 9, 2020

Filing 435 ORDER: Having said this, the Court assumes that the SEC will accept the Court's invitation to withdraw its previously-filed motion and file a new motion that makes clear which doctrines form the basis of its motion and which remedies pertain to which doctrine. If it fails to do so, it is warned that its motion may be denied in whole or in part for lack of clarity. In light of the above, the Court will not hold defendants to the previous deadline for a response. The defendants certainly should not stop their efforts to prepare their response to the motion, however. The lion's share of preparation by the defendants will revolve around contesting the factual allegations, not the particular legal bases for the sanctions sought. These allegations are unlikely to change if a replacement motion is filed. Thus, nothing we have said in this Order should prevent the defendants from continuing the work necessary to respond to theSEC's motion. On or before July 17, 2020, the SEC shall either file a new motion and brief or file a letter stating that it intends to rely on its previously-filed papers. The defendants' response shall be due July 31, 2020. The SEC may file a reply within 14 days of the filing of the opposition papers. The parties may agree to extend these deadlines without Court order provided any agreement is disclosed to the Court by means of a letter filed on ECF. SO ORDERED., ( Motions due by 7/17/2020., Responses due by 7/31/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) (ama)

July 8, 2020

Filing 434 REPLY MEMORANDUM OF LAW in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

July 8, 2020

Filing 433 ORDER: Accordingly, it is ORDERED that the parties shall observe the following interim deadlines: A. CCI shall file any motion to compel Debevoise & Plimpton LLP to produce discovery in response to its subpoena on or before July 15, 2020. The existing scheduling order will be modified to comport with the 90-day extension request. The Court has not granted a concomitant extension for the deadline for post-fact discovery scheduling proposals because the time period between the close of fact discovery and the deadline for those proposals seems unnecessarily long. According, the Court hereby orders as follows: 1. All fact discovery shall be completed by November 16, 2020. 2. On or before November 23, 2020, the parties shall file a letter on ECF with a proposal for a schedule for (a) the completion of expert discovery, if any; (b) the filing of any letter to Judge Schofield requesting permission to make a summary judgment motion; and/or (3) the submission of pretrial materials as required by Judge Schofield's Individual Practices. So Ordered. ( Fact Discovery due by 11/16/2020. Motions due by 7/15/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/8/2020) (va)

July 8, 2020

Filing 431 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated 07/08/2020 re: SEC Opposition to Mykalai Kontilais Request For Extension of Time. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

July 7, 2020

Filing 432 ORDER:With respect to Docket # 429, the pre-motion conference requirement is waived. Any motion shall comply with paragraphs 2.B through 2.F of the Courts Individual Practices. As to the sealing issue, Debevoise & Plimpton is directed to make the application to seal required by paragraph 2.E of the Courts Individual Practices on or before July 15, 2020 (assuming it is able to meet the rigorous standard set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 124 (2d Cir. 2006)). In the meantime, the parties should comply with the instructions in paragraph 2.E. As explained on the Courts webpage, https://www.nysd.uscourts.gov/hon-gabriel-w-gorenstein, the parties should call Chambers to determine how to transmit to the Court the unredacted version of any redacted materials that are filed by that party (including Docket # 429). Counsel for Collectors Coffee Inc. is directed to provide a copy of this Order toDebevoise & Plimpton forthwith. So Ordered. Motions due by 7/15/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/7/2020) (js)

July 7, 2020

Filing 430 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 07.07.2020 re: Extension to SEC's Motion for Contempt. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 7, 2020

Filing 429 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated July 7, 2020 re: Motion to Compel. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Morris, Stanley)

July 6, 2020

Filing 428 ORDER: The Court has reviewed letters from the Government (Docket # 396) and defendant Veronica Kontilai (Docket # 407) regarding the Government's motion to compel Veronica Kontilai to appear for a deposition pursuant to Fed. R. Civ P. 37(a) and for an adverse-inference sanction pursuant to Fed. R. Civ. P. 37(d)(1)(A) until such deposition occurs. Intervenor-plaintiffs have joined the Government's motion (Docket # 397). The Court agrees that Veronica Kontilai's shifting reasons for her purported inability to appear at her deposition are troubling. The Court is not prepared to impose sanctions at this time, however, without further information. The Court notes that it is Veronica Kontilai's responsibility to prove that she is unable to be deposed, which the Federal Rules of Civil Procedure require that she raise by means of a motion for a protective order. See Fed. R. Civ. P. 37(d)(2) (failure to appear at a noticed deposition is sanctionable unless "the party failing to act has a pending motion for a protective order under Rule 26(c)"). The Court does not understand why any effort to provide information about her condition should be affected by the need to obtain a release pursuant to the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d-1, 1320d-3, 1320d-5, 1320d-7. First, such a release is easily prepared and signed. Second, the Court is not aware that HIPAA prevents a doctor from giving a patient's medical records to the patient herself or that the Act prevents a patient from giving such records to her attorney or anyone else. Accordingly, unless by July 13, 2020, Veronica Kontilai states in writing that her condition will permit her to be deposed beginning on July 27, 2020, and continuing indefinitely thereafter, Veronica Kontilai shall file a motion for a protective order on or before July 13, 2020. Briefing shall be governed by paragraphs 2.B through 2.F of the Court's Individual Practices. To the extent that other parties seek discovery with respect to the motion for a protective order (for example, an examination pursuant to Fed. R. Civ. P. 35 or a deposition of a treating physician or psychiatrist), they may make a letter application to the Court to suspend briefing for this purpose. Any such application may be filed either before or after Veronica Kontilai files her motion for a protective order. Finally, the deadlines contained in this Order may be extended by the parties by mutual agreement and without Court order as long as the new date or dates are disclosed to the Court in a letter filed on ECF. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/6/2020) (mro)

July 6, 2020

Filing 427 ORDER re: #379 Letter, filed by Jackie Robinson Foundation, Inc., #366 Letter, filed by United States Securities and Exchange Commission. Order ruling on discovery disputes. The deadlines contained in this Order may be extended by the parties by mutual agreement and without Court order as long as the new date or dates are disclosed to the Court in a letter filed on ECF. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 07/06/2020) (Gorenstein, Gabriel)

July 2, 2020

Filing 426 DECLARATION of Steven Sessa in Opposition re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition .. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit).(Sessa, Steven)

July 2, 2020

Filing 425 MEMORANDUM OF LAW in Opposition re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . and #373 Joinder Motion to Compel. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 2, 2020

Filing 424 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 2, 2020 re: SEC Response to Request to Modify Scheduling Order (Doc. # 420 and 421). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Declaration of Michael John Cutsey, #2 Exhibit Declaration of Jacqueline M. Moessner).(Miller, Terry)

July 1, 2020

Filing 423 BRIEF re: #413 Opposition Brief, #389 Opposition Brief DEFENDANT MYKALAI KONTILAIS REPLY IN SUPPORT OF RULE 72(A) OBJECTIONS TO THE MAGISTRATE JUDGES JUNE 1, 2020 ORDER. Document filed by Mykalai Kontilai..(Sessa, Steven)

July 1, 2020

Filing 422 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated July 1, 2020 re: Response to CCI Request for 90-Day Extension of Discovery. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

July 1, 2020

Filing 421 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 30, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

June 30, 2020

Filing 420 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated June 30, 2020 re: Extension of Discovery Cutoff and Other Pretrial Dates. Document filed by Collector's Coffee Inc...(Morris, Stanley)

June 29, 2020

Filing 419 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.29.2020 re: Judge Gorenstein's Order, Docket Entry 408. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit).(Sessa, Steven)

June 26, 2020

Filing 418 DECLARATION of James Vahl in Support re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint.. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Morris, Stanley)

June 26, 2020

Filing 417 MEMORANDUM OF LAW in Support re: #416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. . Document filed by Collector's Coffee Inc...(Morris, Stanley)

June 26, 2020

Filing 416 MOTION to Dismiss ; Strike and Enter Judgment on the Pleadings in Response to SEC Amended Complaint. Document filed by Collector's Coffee Inc...(Morris, Stanley)

June 25, 2020

Filing 415 MEMORANDUM OF LAW in Support re: #414 MOTION for Sanctions and Order Finding Contempt. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit).(Miller, Terry)

June 25, 2020

Filing 414 MOTION for Sanctions and Order Finding Contempt. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 24, 2020

Filing 413 OPPOSITION BRIEF re: #389 Opposition Brief, #358 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS RESPONSE IN OPPOSITION TO DEFENDANT MYKALAI KONTILAI'S RULE 72(A) OBJECTIONS TO THE MAGISTRATE JUDGES JUNE 1, 2020 ORDER. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

June 23, 2020

Filing 412 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 23, 2002 re: Request for Joinder in Pre-Motion Discovery Conference Request and Motion to Compel Defendant Mykalai Kontilai to Produce Discovery [Dkt. 379]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

June 23, 2020

Filing 411 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6.23.2020 re: Response to SEC/JRF Letters for Status and Discovery Conference. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 23, 2020

Filing 410 NOTICE of Filing Declaration of Vladimir Kopilov. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit).(Sessa, Steven)

June 23, 2020

Filing 409 NOTICE of Filing Third Declaration of Mykalai Kontilai. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit).(Sessa, Steven)

June 23, 2020

Filing 408 ORDER. In any event, the Court orders Kontilai to file whatever response he has to Docket # 366 and 379 by today. The Court will likely deem the applications unopposed if he fails to comply with this deadline. Indeed, the Court may deem the applications unopposed even if he makes the filing by this deadline but will reserve on that question for another time. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 06/23/2020) (Gorenstein, Gabriel)

June 22, 2020

Filing 407 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated June 22, 2020 re: Response to SEC's Request For Discovery Conference For a Motion to Compel the Deposition of Relief Defendant Veronica Kontilai. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Palazzo, Louis)

June 22, 2020

Filing 406 MEMO ENDORSEMENT: on re: #404 Letter, filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The deadline in paragraph III.e of Docket # 124 is extended to Sept. 16, 2020 and the deadlines in paragraph III.f. of Docket # 124 are extended to Sept. 23, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2020) (ama)

June 22, 2020

Filing 405 ORDER FOR ADMISSION PRO HAC VICE: granting #403 Motion for Brian Thomas Corrigan to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2020) (ama)

June 22, 2020

Filing 404 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 22, 2020 re: Proposed Modification to Case Schedule. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

June 22, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)

June 21, 2020

Pro Hac Vice Fee Payment: for #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20352070..(Morris, Stanley)

June 20, 2020

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): the filing fee was not paid;. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (ad)

June 20, 2020

Pro Hac Vice Fee Due: for #403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (ad)

June 20, 2020

Filing 403 MOTION for Brian Thomas Corrigan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order).(Morris, Stanley)

June 20, 2020

Filing 402 SECOND LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.20.2020 re: Amended Extension to SEC/JRF Request for Status and Discovery Conference. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 19, 2020

Filing 401 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.19.2020 re: Extension to SEC Status and Discovery Conference. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 19, 2020

Filing 400 DECLARATION of James Vahl in Support re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration.. Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Morris, Stanley)

June 19, 2020

Filing 399 MEMORANDUM OF LAW in Support re: #398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. . Document filed by Collector's Coffee, Inc...(Morris, Stanley)

June 19, 2020

Filing 398 MOTION for Judgment on the Pleadings to Holder's FAC or Compel Arbitration. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

June 18, 2020

Filing 397 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated June 18, 2020 re: Intervenor Plaintiffs Joinder to SEC Docket 396. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

June 18, 2020

Filing 396 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated June 18, 2020 re: Request for Discovery Conference for a Motion to Compel the Deposition of Veronica Kontilai. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 16, 2020

Filing 395 MEMO ENDORSEMENT on re: #394 Letter filed by Mykalai Kontilai. ENDORSEMENT: Extension granted. The Court notes that for an extension on consent that falls within paragraph 2.A, no court order is required. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/16/2020) (ama)

June 16, 2020

Filing 394 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6-16-2020 re: Amended Letter in compliance with Judge's Rule 1.E. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 15, 2020

Filing 393 MEMO ENDORSEMENT on re: #390 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied for failure to comply with paragraph 1.E of this Court's Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2020) (js)

June 15, 2020

Filing 392 MEMORANDUM OPINION: denying #329 Motion to Stay. Defendant Mykalai Kontilai seeks to stay this case pending the Supreme Court's decision in Liu v. Securities and Exchange Commission, 754 F. App'x 505 (9th Cir. 2018), cert. granted, 140 S.Ct. 541 (2019) (No. 18-1501). Docket # 329. The Government (Docket # 348); intervenor-plaintiffs, who call themselves Holders (Docket # 347); and intervenor-defendant Jackie Robinson Foundation, Inc. ("JRF") (Docket # 350) all oppose the motion for a stay. Kontilai's motion for a stay (Docket # 329) is denied. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2020) (js)

June 15, 2020

Filing 391 NOTICE of FILING DECLARATIONS ON TAX RETURNS. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit).(Sessa, Steven)

June 15, 2020

Filing 390 SECOND LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.15.2020 re: Response Extension to SECs Conference Request Letter Doc. No. 366. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 15, 2020

Filing 389 OPPOSITION BRIEF re: #358 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, DEFENDANT MYKALAI KONTILAIS RULE 72(A) OBJECTIONS TO THE MAGISTRATE JUDGES JUNE 1, 2020 ORDER. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 15, 2020

Filing 388 BRIEF re: #358 Memorandum & Opinion, Set Deadlines/Hearings,,,,,, DEFENDANT MYKALAI KONTILAIS SUR-REPLY IN OPPOSITION TO PLAINTIFF UNITED STATES SECURITY AND EXCHANGE COMMISSIONS APPLICATION FOR AN ORDER COMPELLING PRODUCTION OF REAL PROPERTY RECORDS. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 15, 2020

Filing 387 MEMO ENDORSEMENT: on re: #386 Letter filed by Mykalai Kontilai. ENDORSEMENT: It is unclear if this letter is a request for an extension to June 20, 2020, or if it is a letter informing the Court of an agreement to file the response on June 15, 2020 (and that Kontilai intends to adhere to that deadline). Assuming it is the former, the request is granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/15/2020) (ama)

June 12, 2020

Filing 386 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6.12.2020 re: JRFs Conference Request Letter Doc. No. 379. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 12, 2020

Filing 385 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 12, 2020 re: Supplement to Request for Conference (Doc. # 366) and Motion to Compel (Doc. # 371). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit).(Miller, Terry)

June 12, 2020

Filing 384 SECOND LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6.12.2020 re: SEC's Request for Conference Letter Doc. No. 366. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 11, 2020

Filing 383 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06/11/2020 re: SECs Conference Request Letter Doc. No. 366. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 11, 2020

Filing 382 ORDER: The application (Docket # 365) to stay the Order of June 1, 2020, is granted in part and denied in part. The obligation to produce the tax returns is delayed until two business days after the district judge issues any decision upholding the obligation to produce them, provided that Kontilai files objections pursuant to Fed. R. Civ. P. 72 on or before June 15, 2020. The requirement to make all efforts to gain actual possession of the tax returns is not stayed, however. The Court notes that Kontilai has filed a declaration (Docket # 368-1) asserting that he is not in the United States, does not have possession of his tax returns, and that he has authorized his attorneys' "firm" to act on his behalf. In light of this declaration, the attorney for Kontilai with the most knowledge of the efforts to obtain the returns - or, in the alternative, the tax preparer or other individual charged with the responsibility for obtaining the returns- is ordered to file an affidavit on June 15, 2020, reporting on all efforts he/she has made to obtain possession of those returns. The affidavit shall set forth all dates on which activity occurred and contain a description of the activities that occurred on that date. That report shall include efforts made, if any, to use the procedure described by the Government. See Docket # 381 at 1 n.1. If no such efforts were made, the affiant shall give an explanation of why not. Further, an individual with personal knowledge of these efforts shall provide a letter or email to the parties every Monday thereafter describing all efforts he/she has made in the previous week and any other information that has come to light in that time period concerning the production of the returns. That obligation shall continue until all returns are in the possession of Kontilai's attorneys, or the Government and Kontilai agree on a different reporting schedule. If the Government believes that insufficient efforts are being made, the Government may make an application to the Court compliant with paragraph 2.A of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/11/2020) (ama)

June 10, 2020

Filing 381 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated June 10, 2020 re: Response to Kontilai's Request for Extension of Time (Doc. # 365). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 10, 2020

Filing 380 REPLY to Response to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. DEFENDANT MYKALAI KONTILAIS REPLY TO THE INTERVENOR PLAINTIFFS OPPOSITION TO MOTION TO STAY. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 10, 2020

Filing 379 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated June 10, 2020 re: Request for Pre-Motion Discovery Conference and Motion to Compel Defendant Mykalai Kontilai to Produce Discovery. Document filed by Jackie Robinson Foundation, Inc.. (Attachments: #1 Exhibit A - Amended Response to Requests for Production, #2 Exhibit B - Amended Response to Interrogatories).(Spitzer, Seth)

June 10, 2020

Filing 378 DECLARATION of Steven Sessa in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Sessa, Steven)

June 10, 2020

Filing 377 REPLY to Response to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. DEFENDANT MYKALAI KONTILAIS REPLY TO PLAINTIFF UNITED STATES SECURITIES AND EXCHANGE COMMISSIONS OPPOSITION TO MOTION FOR A LIMITED STAY. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 10, 2020

Filing 376 DECLARATION of Richard A. Schonfeld in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition .. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

June 10, 2020

Filing 375 JOINDER to join Corrected Notice of Intervenor-Plaintiffs' Joinder in Securities and Exchange Commission's Motion to Compel Defendant Mykalai Kontilai to Appear at A Deposition [Dkt. 371] and The Memorandum of Law in Support of That Motion [Dkt. 372]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

June 10, 2020

Filing 374 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #376) - DECLARATION of Richard A. Schonfeld in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition .. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard) Modified on 6/10/2020 (ldi).

June 10, 2020

Filing 373 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #375) - JOINDER to join Notice of Intervenor-Plaintiffs' Joinder in Securities and Exchange Commission's Motion to Compel Defendant Mykalai Kontilai to Appear at A Deposition [Dkt. 317] and the Memorandum of Law in Support of That Motion [Dkt. 372]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard) Modified on 6/10/2020 (ldi).

June 9, 2020

Filing 372 MEMORANDUM OF LAW in Support re: #371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 9, 2020

Filing 371 MOTION to Compel Defendant Mykalai Kontilai to To Appear at a Deposition . Document filed by United States Securities and Exchange Commission..(Miller, Terry)

June 9, 2020

Filing 370 REPLY to Response to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. DEFENDANT MYKALAI KONTILAIS REPLY TO THE JACKIE ROBINSON FOUNDATION, INC.S OPPOSITION TO MOTION FOR A LIMITED STAY. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 8, 2020

Filing 369 MEMORANDUM OF LAW in Support re: #304 MOTION for Reconsideration re; #301 Order, . IN SUPPORT OF ITS APPLICATION FOR AN ORDER COMPELLING PRODUCTION OF REAL PROPERTY RECORDS. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

June 8, 2020

Filing 368 NOTICE of Filing. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit).(Sessa, Steven)

June 8, 2020

Filing 367 REPLY AFFIDAVIT of Steven Sessa in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION.. Document filed by Mykalai Kontilai. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit).(Sessa, Steven)

June 8, 2020

Filing 366 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated June 8, 2020 re: Request for Status Conference and Discovery Conference. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1- SEC 2nd Set Written Discovery to Mykalai Kontilai, #2 Exhibit 2- Mykalai Kontilai's Responses to SEC 2nd Written Discovery).(Miller, Terry)

June 8, 2020

Filing 365 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06/08/2020 re: Production Deadline Extension. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 8, 2020

Filing 364 AMENDED ORDER: By June 26, 2020, Defendant Collector's Coffee, Inc. and Defendant Kontilai shall file the motions, the consolidated memorandum of law for which shall not exceed thirty (30) pages; By July 24, 2020, the SEC shall file its opposition to Defendants motions, not to exceed thirty (30) pages; By August 3, 2020, Defendants shall file any reply, not to exceed fifteen (15) pages. The parties shall otherwise comply with the Court's Individual Rules in filing their motion papers. The Court's Order at Dkt. No. 352 is accordingly vacated. The SEC need not file a letter response to Defendant Kontilai's pre-motion letter at Dkt. No. 363. (As further set forth in this Order.) (Motions due by 6/26/2020., Responses due by 7/24/2020, Replies due by 8/3/2020.) (Signed by Judge Lorna G. Schofield on 6/8/2020) (cf)

June 5, 2020

Filing 363 LETTER addressed to Judge Lorna G. Schofield from Steven Sessa dated June 5, 2020 re: PMC on Motion for Judgment on the Pleadings. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 5, 2020

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #362 MOTION for Brian T. Corrigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20114007. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from California Supreme Court;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq)

June 4, 2020

Filing 362 MOTION for Brian T. Corrigan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20114007. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Morris, Stanley)

June 4, 2020

Filing 361 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 6-3-2020 re: Notice of Agreed Extension of Time. Document filed by Mykalai Kontilai..(Sessa, Steven)

June 4, 2020

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Steven Sessa to RE-FILE Document #360 LETTER MOTION for Extension of Time to File Reply Briefs addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.03.2020. Use the event type Letter found under the event list Other Documents. (ldi)

June 3, 2020

Filing 360 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Extension of Time to File Reply Briefs addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 06.03.2020. Document filed by Mykalai Kontilai..(Sessa, Steven) Modified on 6/4/2020 (ldi).

June 2, 2020

Filing 359 MEMO ENDORSEMENT on re: #355 LETTER addressed to Judge Lorna G. Schofield from Steven Sessa dated May 29, 2020 re: PMC request related to Docket 352 for Motion to Strike Scandalous Material. Document filed by Mykalai Kontilai. ENDORSEMENT: Defendant Kontilai's request to join the pre motion conference is denied as moot in light of this Court's Order at Dkt. No. 352. Defendant Kontilai may join Defendant Collector's Coffee Inc.'s motion to strike portions of the complaint, but any such consolidated motion shall not exceed the page limits set in this Court's Order at Dkt. No. 352. Defendant Kontilai shall file any pre-motion letter regarding his proposed motion for judgment on the pleadings no later than June 5, 2020. (Signed by Judge Lorna G. Schofield on 6/1/2020) (rjm)

June 1, 2020

Filing 358 MEMORANDUM OPINION: re: #304 MOTION for Reconsideration re; #301 Order, filed by United States Securities and Exchange Commission. The SEC's motion (Docket # 304) is granted in part. The SEC shall file a brief that addresses only Kontilai's ability to withhold real property records based on the Fifth Amendment by June 8, 2020. Kontilai may file any reply by June 15, 2020. Kontilai's cross-motion (Docket # 317) is denied. On or before June 8, 2020, Kontilai shall produce all tax returns in his possession since the 2014 tax year. If he does not produce all such returns, he shall file an affidavit by June 8, 2020, describing in detail the steps that he has undertaken to obtain copies of the tax returns that he has not produced. SO ORDERED, ( Motions due by 6/8/2020., Responses due by 6/15/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/01/2020) (ama)

June 1, 2020

Filing 357 ORDER: By June 19, 2020, Defendants CCI and Kontilai shall file the motion, the memorandum of law for which shall not exceed twenty (20) pages; By July 17, 2020, the Intervenor Plaintiffs shall file the opposition to Defendants motion, not to exceed twenty (20) pages; By July 27, 2020, Defendants shall file any reply, not to exceed eight (8) pages. (As further set forth in this Order.) (Motions due by 6/19/2020., Responses due by 7/17/2020, Replies due by 7/27/2020.) (Signed by Judge Lorna G. Schofield on 6/1/2020) (cf)

June 1, 2020

Filing 356 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld dated June 1, 2020 re: Intervenor Plaintiffs' Response to Requests for Pre-Motion Conference Filed by Collector's Coffee, Inc., and Mykalai Kontilai Related to Their Desire to File Motions to Dismiss, Compel Arbitration and to Stay Dkt. No.s 351 and 354. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 30, 2020

Filing 355 LETTER addressed to Judge Lorna G. Schofield from Steven Sessa dated May 29, 2020 re: PMC request related to Docket 352 for Motion to Strike Scandalous Material. Document filed by Mykalai Kontilai..(Sessa, Steven)

May 30, 2020

Filing 354 LETTER addressed to Judge Lorna G. Schofield from Steven C. Sessa dated May 29, 2020 re: PMC Request for Motion to Dismiss and other relief. Document filed by Mykalai Kontilai..(Sessa, Steven)

May 29, 2020

Filing 353 ANSWER to #344 Amended Complaint, with JURY DEMAND. Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

May 29, 2020

Filing 352 Vacated as per Judge's Order dated 6/8/2020, Doc. #364 ORDER: By June 19, 2020, Defendant Collector's Coffee, Inc. shall file its motion, the memorandum of law for which shall not exceed twenty-five (25) pages; By July 17, 2020, the SEC shall file its opposition to Defendants motion, not to exceed twenty-five (25) pages; By July 27, 2020, Defendant shall file any reply, not to exceed ten (10) pages. The parties shall otherwise comply with the Court's Individual Rules in filing their motion papers. ( Motions due by 6/19/2020., Responses due by 7/17/2020, Replies due by 7/27/2020.) (Signed by Judge Lorna G. Schofield on 5/29/2020) (cf) Modified on 6/1/2020 (cf). Modified on 6/8/2020 (cf).

May 29, 2020

Filing 351 LETTER addressed to Judge Lorna G. Schofield from Stanley C. Morris dated May 29, 2020 re: Motion to Dismiss ; Motion to Compel; and Motion to Stay Holders' First Amended Complaint in Intervention. Document filed by Collector's Coffee, Inc...(Morris, Stanley)

May 27, 2020

Filing 350 RESPONSE in Opposition to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by Jackie Robinson Foundation, Inc...(Spitzer, Seth)

May 27, 2020

Filing 349 LETTER addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated May 27, 2020 re: SEC Response to CCIs Requests for Pre-motion Conference to file Motion to Dismiss and Motion to Strike [Dkt. No. 345]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

May 27, 2020

Filing 348 RESPONSE in Opposition to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by United States Securities and Exchange Commission..(Williams, Mark)

May 26, 2020

Filing 347 RESPONSE to Motion re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 21, 2020

Filing 346 MEMO ENDORSEMENT on re: #345 Letter Pre-Motion Conference filed by Collector's Coffee Inc. ENDORSEMENT: Plaintiff shall file a letter response by May 27, 2020. So Ordered. (Signed by Judge Lorna G. Schofield on 5/21/20) (yv) Modified on 5/28/2020 (yv).

May 20, 2020

Filing 345 LETTER addressed to Judge Lorna G. Schofield from Stanley C. Morris dated May 20, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc...(Morris, Stanley)

May 20, 2020

Filing 344 AMENDED COMPLAINT amending #92 Intervenor Complaint, against Collector's Coffee, Inc., DOE INDIVIDUALS 1 THROUGH 50, Inc Jackie Robinson foundation, Mykalai Kontilai, ROE CORPORATIONS 1 THROUGH 50.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #92 Intervenor Complaint,..(Schonfeld, Richard)

May 20, 2020

Filing 343 MEMO ENDORSEMENT: on re: #342 Letter filed by Collector's Coffee Inc. ENDORSEMENT: Docket # 247 refers only the motions referenced as Docket # 155 and 232. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/20/2020) (ama)

May 20, 2020

Filing 342 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 20, 2020 re: Amended Order of Reference. Document filed by Collector's Coffee Inc...(Morris, Stanley)

May 20, 2020

Filing 341 MEMO ENDORSEMENT on re: #339 Letter filed by Collector's Coffee Inc. ENDORSEMENT: This case has not been referred for dispositive motions. This application should be made to Judge Schofield and in accordance with her Individual Practices. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/19/2020) (js)

May 20, 2020

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard A. Schonfeld to RE-FILE Document No. #338 Amended Complaint. The filing is deficient for the following reason(s): the filing must be linked to the correct pleading being amended. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

May 19, 2020

Filing 340 ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Veronica Kontilai..(Palazzo, Louis)

May 19, 2020

Filing 339 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 19, 2020 re: Pre-Motion Conference. Document filed by Collector's Coffee Inc...(Morris, Stanley)

May 19, 2020

Filing 338 FILING ERROR - FILING ERROR - AMENDED COMPLAINT amending #334 Amended Complaint, against Collector's Coffee, Inc., DOE INDIVIDUALS 1 THROUGH 50, Inc Jackie Robinson foundation, Mykalai Kontilai, ROE CORPORATIONS 1 THROUGH 50.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #334 Amended Complaint,..(Schonfeld, Richard) Modified on 5/20/2020 (jgo).

May 18, 2020

Filing 337 MEMO ENDORSEMENT on re: #328 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 13, 2020 re: Request for Pre-Motion Discovery Conference to Compel Defendant Mykalai Kontilai to Produce Written Responses. Document filed by Inc Jackie Robi nson foundation. ENDORSEMENT: At this point Kontilai has timely responded to the discovery requests even if some or all of his objections may be meritless. The Court is prepared to entertain a motion to compel that seeks a ruling on these objections, but only after the parties complete the process outlined in paragraph 2.A of the Court's Individual Practices. The Court does not see the point in ruling now on just one of Kontilai's objections (that foreign law provides Kontilai with a basis for withholding certain documents) when there is a plan to challenge other objections. As to the foreign law objection, the Court agreed with Kontilai that the reference to the objection in the response was sufficient to preserve it, particularly in light of the representation that Kontilai has made efforts to obtain a legal opinion and that a fuller response will be provided today. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/18/2020) (rjm)

May 18, 2020

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard A. Schonfeld to RE-FILE Document No. #334 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

May 15, 2020

Filing 336 REPLY to Response to Motion re: #304 MOTION for Reconsideration re; #301 Order, . DEFENDANT MYKALAI KONTILAIS REPLY IN SUPPORT OF CROSS-MOTION FOR RECONSIDERATION. Document filed by Mykalai Kontilai..(Sessa, Steven)

May 15, 2020

Filing 335 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 5/15/2020 re: Opposition to JRFs PMC Letter (D.328) for new responses to their discovery demands. Document filed by Mykalai Kontilai..(Sessa, Steven)

May 15, 2020

Filing 334 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #92 Intervenor Complaint, against SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #92 Intervenor Complaint,..(Schonfeld, Richard) Modified on 5/18/2020 (jgo).

May 15, 2020

Filing 333 ORDER: granting #309 Motion for Leave to File Document. Accordingly, the Holder's motion for leave to file an amended complaint in intervention (Docket # 309) is granted. The Holders shall file the proposed amended complaint on or before May 22, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/15/2020) (ama)

May 15, 2020

Set/Reset Deadlines: Amended Pleadings due by 5/22/2020. (ama)

May 13, 2020

Filing 332 REPLY MEMORANDUM OF LAW in Support re: #304 MOTION for Reconsideration re; #301 Order, . and Opposition to Defendant's Cross Motion for Reconsideration. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

May 13, 2020

Filing 331 MEMORANDUM OF LAW in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. . Document filed by Mykalai Kontilai..(Sessa, Steven)

May 13, 2020

Filing 330 DECLARATION of Steven Sessa in Support re: #329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION.. Document filed by Mykalai Kontilai. (Attachments: #1 Exhibit Liu v. SEC, #2 Exhibit Amicus Brief).(Sessa, Steven)

May 13, 2020

Filing 329 MOTION to Stay ACTION PENDING THE U.S. SUPREME COURTS DECISION IN LIU V. SECURITIES AND EXCHANGE COMMISSION. Document filed by Mykalai Kontilai. (Attachments: #1 Text of Proposed Order).(Sessa, Steven)

May 13, 2020

Filing 328 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 13, 2020 re: Request for Pre-Motion Discovery Conference to Compel Defendant Mykalai Kontilai to Produce Written Responses. Document filed by Inc Jackie Robinson foundation. (Attachments: #1 Exhibit A - Intervenor-Defendant Mykalai Kontilai's Response to Intervenor-Defendant The Jackie Robinson Foundation's First Set of Requests for Production of Documents, #2 Exhibit B - Intervenor-Defendant Mykalai Kontilai's Response to Intervenor-Co-Defendant's First Set of Interrogatories).(Spitzer, Seth)

May 12, 2020

Filing 327 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. The Court will retain jurisdiction to enforce and/or to modify this Protective Order. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/2020) (ama)

May 12, 2020

Filing 326 ORDER: Accordingly, the Court is endorsing the confidentiality order with the disputed provision. The Court is deleting paragraph 11.c, however, as it is inconsistent with this Court's Individual Practices. The Court has substituted the following provision: "If agreement still cannot be reached, the party seeking protection or any other aggrieved party shall promptly make an application compliant with paragraph 2.A of the Court's Individual Practices to resolve the dispute." And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/2020) (ama)

May 12, 2020

Filing 325 REPLY to Response to Motion re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 11, 2020

Filing 324 MEMORANDUM OF LAW in Opposition re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Collector's Coffee, Inc.. (Attachments: #1 Exhibit 1).(Morris, Stanley)

May 11, 2020

Filing 323 RESPONSE in Opposition to Motion re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Mykalai Kontilai..(Sessa, Steven)

May 7, 2020

Filing 322 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated May 7, 2020 re: SEC Reply to Letters regarding Application for Protective Order (Doc. # 316, 319, 320). Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Miller, Terry)

May 7, 2020

Filing 321 MEMO ENDORSEMENT on re: #303 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated April 28, 2020 re: Request for Pre-Motion Discovery Conference. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: In light of defendant's assertion that a response would be made by May 4, 2020 (Docket # 307), the Court assumes this matter is resolved. If it is not, the parties should consult and a new letter may be sent. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/7/2020) (rjm)

May 6, 2020

Filing 320 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 05.06.2020 re: Response to Application for Protective Order. Document filed by Mykalai Kontilai..(Sessa, Steven)

May 6, 2020

Filing 319 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Louis Palazzo dated May 6, 2020 re: Position on Jackie Robinson Foundation Application For Protective Order. Document filed by Veronica Kontilai..(Palazzo, Louis)

May 6, 2020

Filing 318 MEMORANDUM OF LAW in Opposition re: #304 MOTION for Reconsideration re; #301 Order, . . Document filed by Mykalai Kontilai..(Sessa, Steven)

May 6, 2020

Filing 317 NOTICE of CROSS-MOTION FOR RECONSIDERATION. Document filed by Mykalai Kontilai..(Sessa, Steven)

May 5, 2020

Filing 316 AMENDED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 5, 2020 re: Protective Order. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Morris, Stanley)

May 5, 2020

Filing 315 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated May 5, 2020 re: Protective Order. Document filed by Collector's Coffee Inc...(Morris, Stanley)

May 5, 2020

Filing 314 MEMO ENDORSEMENT on re: #313 Letter filed by Mykalai Kontilai. ENDORSEMENT: The deadline to comply with the Order dated April 24, 2020, is adjourned until 14 days after the disposition of the defendant's expected cross-motion for reconsideration, provided defendant's motion is filed by May 8, 2020. SO ORDERED., ( Motions due by 5/8/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/05/2020) (ama)

May 5, 2020

Filing 313 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 05.05.2020 re: Request for Extension of May 6th Deadline. Document filed by Mykalai Kontilai..(Alva, Curtis)

May 4, 2020

Filing 312 MEMO ENDORSEMENT: on re: #308 Letter filed by Inc Jackie Robinson foundation. ENDORSEMENT: The Government has already stated its position as to the disputed provision (Docket # 311). Any other party wishing to state its position shall file a letter by May 6, 2020. Any party may respond to a previously-filed letter by May 8, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/04/2020) (ama)

May 1, 2020

Filing 311 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated May 1, 2020 re: SEC Response to Application for Protection Order (Doc. # 308). Document filed by United States Securities and Exchange Commission..(Miller, Terry)

May 1, 2020

Filing 310 MEMORANDUM OF LAW in Support re: #309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Exhibit 1).(Schonfeld, Richard)

May 1, 2020

Filing 309 MOTION for Leave to File Intervenor Plaintiffs' Notice of Motion for Leave to File First Amended Complaint in Intervention . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

May 1, 2020

Filing 308 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated May 1, 2020 re: request for a pre-motion conference in regard to a proposed protective order. Document filed by Inc Jackie Robinson foundation. (Attachments: #1 Exhibit A - Protective Order).(Spitzer, Seth)

April 30, 2020

Filing 307 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04.30.2020 re: Opposition to Holders' request for Pre-Motion Discovery Conference. Document filed by Mykalai Kontilai..(Alva, Curtis)

April 30, 2020

Filing 306 MEMO ENDORSEMENT: on re: #305 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: The Court's pre-motion conference requirement is waived. The briefing schedule on the motion shall be in accordance with paragraph 2.B of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/30/2020) (ama)

April 30, 2020

Filing 305 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated April 30, 2020 re: Request for Pre-Motion Conference Related to Intervenor Plaintiffs Request for Leave to File First Amended Complaint in Intervention. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

April 30, 2020

Terminate Transcript Deadlines (ama)

April 29, 2020

Filing 304 MOTION for Reconsideration re; #301 Order, . Document filed by United States Securities and Exchange Commission..(Williams, Mark)

April 29, 2020

Filing 303 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated April 28, 2020 re: Request for Pre-Motion Discovery Conference. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

April 27, 2020

Filing 302 ORDER: Kontilai is ordered to respond by May 6, 2020, to all discovery requests originally served by the Dodgers with the understanding that JRF now stands in the shoes of the Dodgers with respect to those requests. This resolves Docket # 294. The Holders' request in Docket # 297 is denied without prejudice to a new application (from either the Holders or Kontilai) that complies with paragraph 2.A of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/27/2020) (ama)

April 24, 2020

Filing 301 ORDER: On or before May 6, 2019, Kontilai shall produce all tax returns in his possession since the 2014 tax year. If he does not produce all such returns, he shall file an affidavit by May 6, 2020, describing in detail the steps that he has undertaken to obtain copies of the tax returns that he has not produced. The remainder of the SEC's application is denied. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/24/2020) (ama)

April 23, 2020

Filing 300 STIPULATED PROTECTIVE ORDER RE: SUBPOENAS TO FORMER COUNSEL:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/23/2020) (ama)

April 23, 2020

Filing 299 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated April 23, 2020 re: Proposed Protective Order re Former Counsel. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit Proposed Order).(Morris, Stanley)

April 22, 2020

Filing 298 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04/22/2020 re: Opposition to PCM Letter on Discovery by Holders. Document filed by Mykalai Kontilai..(Alva, Curtis)

April 21, 2020

Filing 297 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated 04/21/2020 re: Request for Pre-Motion Discovery Conference. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

April 20, 2020

Filing 296 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04/20/2020 re: Opposition to PCM Letter on Discovery by JRF. Document filed by Mykalai Kontilai..(Alva, Curtis)

April 17, 2020

Filing 295 NOTICE OF APPEARANCE by Stanley Charles Morris on behalf of Collector's Coffee Inc...(Morris, Stanley)

April 16, 2020

Filing 294 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated April 16, 2020 re: request for pre-motion discovery conference to compel discovery responses. Document filed by Inc Jackie Robinson foundation..(Spitzer, Seth)

April 16, 2020

Filing 293 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 4.16.2020 re: Formal Sur-reply in Opposition to SEC's Request to Produce Certain Documents. Document filed by Mykalai Kontilai..(Alva, Curtis)

April 15, 2020

Filing 292 MEMO ENDORSEMENT on re: #290 Letter filed by Mykalai Kontilai. ENDORSEMENT: Application denied without prejudice to renewal following a thorough discussion of the issue with all relevant parties to see if a resolution can be reached. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/15/2020) (va)

April 15, 2020

Filing 291 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated 04/15/2020 re: Response to ECF Dkt. 290. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

April 14, 2020

Filing 290 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04/14/2020 re: PMC Request for Motion in Intervention Action. Document filed by Mykalai Kontilai..(Alva, Curtis)

April 10, 2020

Filing 289 NOTICE of PLAINTIFF'S REPLY IN SUPPORT OF ITS APPLICATION FOR AN ORDER COMPELLING PRODUCTION OF TAX AND REAL PROPERTY RECORDS re: #274 Letter,. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A- SEC's Amended 1st Request for Discovery, #2 Exhibit B- Def. Kontilai's Response to Amended 1st Request for Discovery).(Williams, Mark)

April 9, 2020

Filing 288 ACKNOWLEDGMENT OF SERVICE of Subpoena served on The Los Angeles Dodgers, LLC on April 9, 2020. Service was accepted by Seth E. Spitzer, Esq.. Service was made by Electronic Service. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

April 8, 2020

Filing 287 NOTICE Subpoena Duces Tecum as to The Los Angeles Dodgers, LLC document(s): "See Attached" on May 15, 2020 at 9:00 am.Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

April 8, 2020

Filing 286 NOTICE OF APPEARANCE by Cristina Isabel Calvar on behalf of Inc Jackie Robinson foundation..(Calvar, Cristina)

April 8, 2020

Filing 285 NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Inc Jackie Robinson foundation..(Spitzer, Seth)

April 8, 2020

Filing 284 NOTICE OF APPEARANCE by Michael P. Roche on behalf of Inc Jackie Robinson foundation..(Roche, Michael)

April 8, 2020

Filing 283 NOTICE OF APPEARANCE by Dan K. Webb on behalf of Inc Jackie Robinson foundation..(Webb, Dan)

April 6, 2020

Filing 282 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 04.06.2020 re: Formal Memorandum of Law in Opposition to SEC's Request to Produce Certain Documents. Document filed by Mykalai Kontilai..(Alva, Curtis)

April 1, 2020

Filing 281 ORDER: #230 REPORT AND RECOMMENDATION: re: #178 Motion to Substitute Party filed by Los Angeles Dodgers LLC. It is hereby ORDERED that the Report and Recommendation is ADOPTED in its entirety as the opinion of the Court. For the reasons stated in the Report and Recommendation, the Dodgers; motion is GRANTED and the Jackie Robinson Foundation, Inc. shall be substituted as an intervenor-defendant in place of the Dodgers. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 178. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/1/2020) (cf) Modified on 4/21/2020 (cf).

March 30, 2020

Filing 280 ORDER: Accordingly, Mr. Kontilai's opposition papers shall be filed on or before April 6, 2020. Any reply is due April 13, 2020. SO ORDERED. ( Responses due by 4/6/2020, Replies due by 4/13/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2020) (va)

March 24, 2020

Filing 279 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 03.24.2020 re: 5th Amendment Issue. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 24, 2020

Filing 278 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams, Esq. dated March 24, 2020 re: Reply In Support of SEC Letter at Dkt No. 274 and In Response to Letter at Dkt. No. 276. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

March 21, 2020

Filing 277 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03.20.2020 re: Response to SEC's Application for Pre-Motion Discovery Conference. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 20, 2020

Filing 276 LETTER MOTION for Discovery Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 3.20.2020., LETTER MOTION for Conference re: #274 Letter, Pre-Motion Discovery Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 3.20.2020. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 19, 2020

Filing 275 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated 03/19/2020 re: Response to Defendant's Request for Emergency Relief and Pre-Motion Conference Regarding Stay. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen..(Schonfeld, Richard)

March 19, 2020

Filing 274 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 19, 2020 re: SEC's Application for Pre-Motion Discovery Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 19, 2020

Filing 273 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark Williams dated March 19, 2020 re: Defendant CCI's request for pre-motion conference to a stay of case. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

March 19, 2020

Filing 272 MEMO ENDORSEMENT: on re: #268 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Application denied. Motions to strike defenses are "generally disfavored." Sibley v. Choice Hotels Intern., Inc., 304 F.R.D. 125, 132 (E.D.N.Y. 2015). Unless, at some future date, the presence of those defenses is materially affecting the plaintiff's discovery obligations, this motion should await the filing of summary judgment motions at the end of discovery. If the defendant does not raise the defenses in summary judgment briefing, it may not be necessary to move to strike at all. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2020) (ama)

March 19, 2020

Filing 271 MEMO ENDORSEMENT: on re: #270 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Denied without prejudice. This letter does not comply with paragraph 2.A of the Court's Individual Practices. Please reread that paragraph. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/19/2020) (ama)

March 18, 2020

Filing 270 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 18, 2020 re: SEC's Application for Pre-Motion Discovery Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 18, 2020

Filing 269 ORDER granting in part #267 Letter Motion for Extension of Time. The agreed upon forms of relief are acceptable to the Court. The Court will await the Government's response before ruling on the remainder of the requests. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (Gorenstein, Gabriel)

March 18, 2020

Filing 268 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated March 18, 2020 re: Request for Pre-Motion Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 18, 2020

Filing 267 LETTER MOTION for Extension of Time addressed to Magistrate Judge Gabriel W. Gorenstein from Stanley C. Morris dated Mach 18, 2020. Document filed by Collector's Coffee Inc...(Morris, Stanley)

March 17, 2020

Filing 266 ORDER: granting #219 Motion to Withdraw as Attorney. The application of Ramon de la Cabada to withdraw as attorney for Collector's Coffee Inc. (Docket # 219) is granted. The conference scheduled for March 18, 2020, is cancelled. SO ORDERED. Attorney Ramon De La Cabada terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/17/2020) (ama)

March 16, 2020

Filing 265 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Ramon de la Cabada dated 03/16/2020 re: Order #262. Document filed by Collector's Coffee Inc...(De La Cabada, Ramon)

March 16, 2020

Filing 264 NOTICE OF APPEARANCE by Stanley Charles Morris on behalf of Collector's Coffee Inc...(Morris, Stanley)

March 13, 2020

Filing 263 AFFIDAVIT of Ramon de la Cabada re: #257 Memo Endorsement,, on re: #248 . Document filed by Collector's Coffee Inc...(De La Cabada, Ramon)

March 13, 2020

Filing 262 ORDER: granting #224 Motion to Withdraw as Attorney; granting #225 Motion to Withdraw as Attorney; granting #226 Motion to Withdraw as Attorney; terminating #232 Letter Motion for Conference; terminating #242 Letter Motion for Extension of Time; terminating #246 Letter Motion for Conference. The Court has considered the parties' recent correspondence and rules as follows: The applications of Steve C. Sessa, Curtis S. Alva and Guillermo A. Gleizer to withdraw as attorneys for Vernoica Kontilai ("Veronica") (Docket # 224, 225, 226) are granted. These attorneys remain as attorneys for Mykalai Kontilai ("Mykalai"). The conference to discuss the motion of the attorney for Collector's Coffee Inc. to withdraw (Docket # 219) scheduled for Wednesday, March 18, 2020, at 10:00 a.m. is changed to a telephone conference. Mr. Cabada is directed to arrange a conference call with a toll-free commercial service, to inform all other parties of the arrangement by March 16, 2020, and to call the Court at the time of the conference with the information needed to dial in. A representative of the corporation with authority to engage counsel must appear on the telephone call. No other parties are required to appear, though they are permitted to appear if they wish. All persons who intend to speak during the call must use a landline or phone with equivalent quality. Also, when addressing the Court, speakers must not use a speakerphone. The pre-motion conference requirement with respect to plaintiff's motion for contempt and/or for sanctions (Docket # 232, 246) is waived. Briefing shall be in accordance with paragraph 2.B of the Court's Individual Practices. If either side believes an evidentiary hearing is required, it may so request in its motion papers. In light of Mykalai's stated intention to invoke his Fifth Amendment privilege to all questions (Docket # 234 at 1) regardless of where his deposition is mandated to occur, there seems to be little need to conduct the deposition imminently. A motion to compel Mykalai to appear at a deposition in New York may be filed at any time. Counsel should address more completely in their briefing whether a video deposition of an individual in Russia violates Russian law. It is unclear what progress has been made on the discovery disputes raised in Docket # 161 and 222. The parties are directed to discuss the issue further. If no agreement is reached, plaintiffs may file a new application compliant with paragraph 2.A of the Court's Individual Practices. In light of the fact that Vernoica has just retained new counsel, it may not be realisticto expect her to appear for a deposition on March 19, 2020. The parties should discuss a date convenient for both sides. If any disputes remain, they may be the subject of a letter compliant with paragraph 2.A of the Court's Individual Practices. The Clerk is requested to mark as "terminated" the motions docketed as # 232, 242, and 246. SO ORDERED. Attorney Guillermo Ariel Gleizer and Steven Sessa terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/13/2020) (ama)

March 13, 2020

Set/Reset Deadlines:, Set/Reset Hearings:( Telephone Conference set for 3/18/2020 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (ama)

March 12, 2020

Filing 261 NOTICE OF APPEARANCE by Louis Palazzo on behalf of Veronica Kontilai..(Palazzo, Louis)

March 12, 2020

Filing 260 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated March 12, 2020 re: Corona Virus Standing Order. Document filed by Mykalai Kontilai, Veronica Kontilai..(Sessa, Steven)

March 12, 2020

Filing 259 ORDER FOR ADMISSION PRO HAC VICE: granting #256 Motion for Louis Palazzo to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/12/2020) (ama)

March 12, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #256 MOTION for Louis Palazzo 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)

March 11, 2020

Filing 258 MEMO ENDORSEMENT: on re: #249 Declaration filed by Veronica Kontilai. ENDORSEMENT: In light of the fact that Ms. Kontilai did not respond to the March 5 email, the efforts indicated in this affidavit and the affidavits of the other attorneys for Ms. Kontilai are insufficient. Also, it is unclear how Ms. Kontilai indicated to counsel that Mr. Louis Palazzo has been authorized by Veronica Kontilai to represent her. Counsel must contact Ms. Kontilai directly to ensure that she is aware of the February 24, 2020 Order. A supplemental affidavit shall be filed by March 13, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/11/2020) (ama)

March 11, 2020

Filing 257 MEMO ENDORSEMENT: on re: #248 Affidavit filed by Collector's Coffee Inc. ENDORSEMENT: This affidavit is insufficient. It fails to identify by name or title the corporate representatives involved. Counsel should indicate who retained him and who now has authority to act on behalf of the corporation for purposes of retaining counsel ( and the basis for such knowledge). He shall also telephone the representatives to ensure their awareness of the February 24, 2020 Order. A supplemental affidavit describing his efforts shall be filed by March 13, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/11/2020) (ama)

March 11, 2020

Filing 256 MOTION for Louis Palazzo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Kontilai. (Attachments: #1 Proposed Order).(Palazzo, Louis) Modified on 3/12/2020 (aea). Modified on 3/12/2020 (wb).

March 11, 2020

Filing 255 REPLY re: #235 Letter, Response to Defendant's Application for Protective Order. Document filed by Mykalai Kontilai..(Sessa, Steven)

March 11, 2020

Filing 254 DECLARATION of Steven Sessa in Support re: #224 MOTION for Steve C. Sessa to Withdraw as Attorney .. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Assistants Declaration/Proof).(Sessa, Steven)

March 11, 2020

Filing 253 DECLARATION of Curtis Alva in Support re: #225 MOTION for Curtis S. Alva to Withdraw as Attorney .. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit Assistants Declaration/Proof).(Alva, Curtis)

March 11, 2020

Filing 252 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Louis Palazzo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19078372. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Veronica Kontilai. (Attachments: #1 Text of Proposed Order Order For Admission Pro Hac Vice).(Palazzo, Louis) Modified on 3/11/2020 (vba).

March 11, 2020

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #252 MOTION for Louis Palazzo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19078372. 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 STATE OF FLORIDA;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)

March 10, 2020

Filing 251 DECLARATION of Guillermo Gleizer in Support re: #226 MOTION for Guillermo A. Gleizer to Withdraw as Attorney .. Document filed by Veronica Kontilai. (Attachments: #1 Exhibit March 5, 2020 email, #2 Exhibit February 27, 2020 letter, #3 Exhibit Motion to Withdraw, #4 Exhibit Sessa Declaration1, #5 Exhibit Sessa Declaration2).(Gleizer, Guillermo)

March 10, 2020

Filing 250 DECLARATION of Steven Sessa re Compliance with Court Order 2/24/2020. Document filed by Veronica Kontilai..(Sessa, Steven)

March 10, 2020

Filing 249 DECLARATION of Curtis Alva re Compliance with Court Order 2/24/2020. Document filed by Veronica Kontilai..(Alva, Curtis)

March 10, 2020

Filing 248 AFFIDAVIT of Ramon de la Cabada re: #227 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,, . Document filed by Collector's Coffee Inc...(De La Cabada, Ramon)

March 10, 2020

Filing 247 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 General Pre-Trial & Dispositive Motion (all purposes except trial) Motion proposed at Dkt. No. 155, Motion proposed at Dkt. No. 232 (for certification of the facts) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 3/10/2020) (ama)

March 9, 2020

Filing 246 LETTER MOTION for Conference on Anticipated Motion for Contempt addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03/09/2020. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 9, 2020

Filing 245 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated March 9, 2020 re: Motions to Withdraw. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 9, 2020

Filing 244 ORDER: granting #239 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. Veronica Kontilai answer due 3/20/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/06/2020) (ama)

March 9, 2020

Filing 243 ORDER: granting #240 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/06/2020) (ama)

March 9, 2020

Set/Reset Deadlines: Collector's Coffee Inc. answer due 3/20/2020; Collector's Coffee, Inc. answer due 3/20/2020. (ama)

March 6, 2020

Filing 242 LETTER MOTION for Extension of Time to Produce Requested Documents addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03/06/2020. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 6, 2020

Filing 241 ANSWER to #134 Amended Complaint, with JURY DEMAND. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 6, 2020

Filing 240 LETTER MOTION for Extension of Time to File Response/Reply to Amended Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Ramon de la Cabada dated March 6, 2020. Document filed by Collector's Coffee Inc...(De La Cabada, Ramon)

March 6, 2020

Filing 239 AMENDED LETTER MOTION for Extension of Time to File Answer to the Amended Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03.06.2020. Document filed by Veronica Kontilai..(Alva, Curtis)

March 6, 2020

Filing 238 LETTER MOTION for Extension of Time to File Answer to Amended Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03/06/2020. Document filed by Veronica Kontilai..(Alva, Curtis)

March 6, 2020

Filing 237 ORDER terminating #236 Letter Motion for Conference. The Court's pre-motion conference requirement for the proposed motion is waived. The Court reminds the parties that a request for a stay does not operate as a stay. There is no stay in effect pending disposition of the motion. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/6/20) (yv)

March 5, 2020

Filing 236 LETTER MOTION for Conference on Anticipated Motion for Limited Stay addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 03/05/2020. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 5, 2020

Filing 235 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller, Esq. dated March 5, 2020 re: Response to Defendant Mykalai Kontiai's Letter Requesting a Protective Order [Dkt. No. 234]. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

March 4, 2020

Filing 234 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven Sessa dated 3/4/2020 re: MK Deposition. Document filed by Mykalai Kontilai..(Alva, Curtis)

March 3, 2020

Filing 233 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for GENERAL PRE-TRIAL & DISPOSITIVE MOTION (all purposes except trial) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 3/3/2020) (mro)

March 2, 2020

Filing 232 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Terry R. Miller, Esq. dated March 2, 2020. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

February 28, 2020

Filing 231 MEMO ENDORSEMENT on re: #228 Letter filed by United States Securities and Exchange Commission. The proposed motion for contempt is not within the Order of Reference. Any such motion must be made to Judge Schofield and in accordance with her Individual Practices. Any discovery dispute in connection with the motion may be presented to the undersigned. (Signed by Magistrate Judge Gabriel W. Gorenstein on 02/28/2020) (Gorenstein, Gabriel)

February 28, 2020

Filing 230 REPORT AND RECOMMENDATION: re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. filed by Los Angeles Dodgers LLC. The motion to substitute the Jackie Robinson Foundation for intervenor-defendant Los Angeles Dodgers LLC (Docket # 178) should be granted. Objections to R&R due by 3/13/2020 (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/27/2020) (ama)

February 28, 2020

Filing 229 NOTICE OF CHANGE OF ADDRESS by Curtis Alva on behalf of Mykalai Kontilai. New Address: Checherskiy 26, Apt.#25, Moscow, Russia 117042,..(Alva, Curtis)

February 27, 2020

Filing 228 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated February 27, 2020 re: Request For Pre-Motion Conference. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

February 25, 2020

Filing 227 ORDER: Counsel for defendants Collector's Coffee, Inc. and Veronica Kontilai have filed motions to withdraw (Docket # 219, 224-26). The Court hereby ORDERS as follows: Any party wishing to oppose this motion shall file papers in opposition by March 9, 2020, or send a letter to the Court for receipt by that date. A conference to discuss the motion will take place in Courtroom 6-B, 500 Pearl Street, New York, New York, on Wednesday, March 18, 2020, at 10:00 a.m. Defendants Collector's Coffee, Inc. and Veronica Kontilai are both required to attend this conference. The corporation must send to the conference a representative who is authorized to engage counsel. Ms. Kontilai must attend in person. Other parties are not required to attend. Please be sure to arrive early so that the conference may begin on time. Counsel for defendants - Ramon de la Cabada, Steve C. Sessa, Curtis S. Alva, and Guillermo A. Gleizer - shall arrange for hand delivery or delivery by overnight mail or email to their client of a copy of this Order and the papers filed in support of the motion to withdraw. Afterwards, they shall make all reasonable efforts to confirm by telephone and/or e-mail that the papers and the copy of this Order were actually received by their client and that their client is aware that they must appear at the Court conference on March 18, 2020, at 10:00 a.m. On or before March 11, 2020, Mr. de la Cabada, Mr. Sessa, Mr. Alva, and Mr. Gleizer shall file with the Court an affidavit or declaration indicating their efforts to comply with paragraph 4 of this Order. Defendants Collector's Coffee, Inc. and Veronica Kontilai are warned that if they fail to comply with this order, a default judgment may be entered against them and they may be subject to other sanctions. If an attorney files a notice of appearance for a party before the date of the conference, the presence of the party and the attorney moving to withdraw for that party will not be required. SO ORDERED., ( Responses due by 3/9/2020) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/24/2020) (ama)

February 25, 2020

Motion Hearing set for 3/18/2020 at 10:00 AM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (ama) Modified on 2/26/2020 (ama).

February 19, 2020

Filing 226 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Guillermo A. Gleizer to Withdraw as Attorney . Document filed by Veronica Kontilai. (Attachments: #1 Affidavit Page 1 in support, #2 Affidavit Page 2 in support).(Gleizer, Guillermo) Modified on 3/17/2020 (ldi).

February 19, 2020

Filing 225 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Curtis S. Alva to Withdraw as Attorney . Document filed by Veronica Kontilai. (Attachments: #1 Affidavit Page 1 in Support, #2 Affidavit Page 2 in Support).(Sessa, Steven) Modified on 3/17/2020 (ldi).

February 19, 2020

Filing 224 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Steve C. Sessa to Withdraw as Attorney . Document filed by Veronica Kontilai. (Attachments: #1 Affidavit Page 1 in Support, #2 Affidavit Page 2 in Support).(Sessa, Steven) Modified on 3/17/2020 (ldi).

February 18, 2020

Filing 223 MEMO ENDORSEMENT: on re: #222 Letter filed by United States Securities and Exchange Commission. ENDORSEMENT: Contrary to what is stated in this letter, the Court in Docket # 170 did not waive the premotion conference requirement for Docket # 161 but rather waived it for an application seeking unrelated relief (Docket # 155). In any event, the Court deems this letter to reinstate the application made in Docket # 161. For now, the Court will assume it will be able to resolve the dispute by means of letters. Defendants' counsel shall respond to Docket # 161 and this letter in accordance with paragraph 2.A of the Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/18/2020) (ama)

February 18, 2020

Filing 222 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated February 18, 2020 re: Application for Pre-Motion Discovery Conference. Document filed by United States Securities and Exchange Commission..(Williams, Mark)

February 18, 2020

Filing 221 NOTICE OF APPEARANCE by Steven Sessa on behalf of Mykalai Kontilai..(Sessa, Steven)

February 14, 2020

Filing 220 NOTICE OF APPEARANCE by Curtis Alva on behalf of Mykalai Kontilai..(Alva, Curtis)

February 14, 2020

Filing 219 MOTION for Ramon de la Cabada to Withdraw as Attorney . Document filed by Collector's Coffee Inc...(De La Cabada, Ramon)

February 14, 2020

Filing 218 NOTICE OF APPEARANCE by Guillermo Ariel Gleizer on behalf of Mykalai Kontilai..(Gleizer, Guillermo)

February 13, 2020

Filing 217 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated February 13, 2020 re: Reply Letter to Order dated January 29, 2020 (ECF No. 208). Document filed by Los Angeles Dodgers LLC..(Spitzer, Seth)

February 13, 2020

Filing 216 NOTICE OF APPEARANCE by Curtis Alva on behalf of Mykalai Kontilai..(Alva, Curtis)

February 13, 2020

Filing 215 NOTICE OF APPEARANCE by Curtis Alva on behalf of Mykalai Kontilai..(Alva, Curtis)

February 10, 2020

Filing 214 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated February 10, 2020 re: Order [ECF 208]. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Attachments: #1 Exhibit A, #2 Exhibit B).(Schonfeld, Richard)

February 5, 2020

Filing 213 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated February 5, 2020 re: Response to Order dated January 29, 2020 (ECF No. 208). Document filed by Los Angeles Dodgers LLC..(Spitzer, Seth)

February 4, 2020

Filing 212 ORDER: The Court has reviewed the parties' letters (Docket # 210, 211) regarding a proposed schedule and rules as follows: The time for defendants and the relief defendant to answer the Amended Complaint is extended to March 6, 2020. The governing Scheduling Order (Docket# 124) is amended as follows: The deadline in paragraph III.b is changed to May 1, 2020. The "Timetable" deadlines in paragraph III.c are eliminated; instead, the parties should endeavor to conduct depositions as expeditiously as possible in light of their obligation to meet the deadline in paragraph III.c. The deadline in paragraph III.d is changed to August 17, 2020. The deadline in paragraph III.e is changed to July 15, 2020. The deadline in paragraph III.f is changed to July 23, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/03/2020) (ama) Modified on 2/10/2020 (ama).

January 31, 2020

Filing 211 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Steven C. Sessa dated 01/31/20 re: Proposed Modifications to Scheduling Order. Document filed by Collector's Coffee Inc., Mykalai Kontilai..(Sessa, Steven)

January 31, 2020

Filing 210 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated January 31, 2020 re: Proposed Modifications to Case Schedule. Document filed by United States Securities and Exchange Commission..(Miller, Terry)

January 31, 2020

Filing 209 NOTICE OF CHANGE OF ADDRESS by Guillermo Ariel Gleizer on behalf of Mykalai Kontilai, Veronica Kontilai. New Address: Alva & Gleizer, 901 N Olive Avenue, W Palm Beach, Florida, USA 33401, 561-225-1599. (Gleizer, Guillermo)

January 29, 2020

Filing 208 ORDER: Because it is possible the Court may find it relevant in deciding the pending motion to substitute, the Court directs the Los Angeles Dodgers, LLC to file a letter on or before February 5, 2020, stating whether, in the event it was substituted out of this case, (1) it would agree to accept service of any Rule 45 subpoena if served on its attorney pursuant to Fed. R. Civ. P. 5(b)(2); and (2) it would agree to transfer any application relating to compliance with a subpoena to this Court, see Fed. R. Civ. P. 45(f). In the event the Dodgers agree to either or both, the Holders may file a brief letter on February 11, 2020, if they wish to make arguments regarding what the effect should be of the positive response. The Dodgers may reply by February 14, 2020. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/29/2020) (jca)

January 29, 2020

Filing 207 NOTICE OF APPEARANCE by Curtis Alva on behalf of Veronica Kontilai. (Alva, Curtis)

January 29, 2020

Filing 206 NOTICE OF APPEARANCE by Steven Sessa on behalf of Veronica Kontilai. (Sessa, Steven)

January 29, 2020

Filing 205 NOTICE OF APPEARANCE by Steven Sessa on behalf of Mykalai Kontilai. (Sessa, Steven)

January 29, 2020

Filing 204 NOTICE OF APPEARANCE by Curtis Alva on behalf of Mykalai Kontilai. (Alva, Curtis)

January 27, 2020

Filing 203 ORDER: granting #201 Motion for Steven C. Sessa to Appear Pro Hac Vice. The motion of Steven Christopher Sessa for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2020) (ama)

January 27, 2020

Filing 202 ORDER: granting #200 Motion for Curtis S. Alva to Appear Pro Hac Vice. The motion of Curtis S. Alva for admission to practice Pro Hac Vice in the above captioned action is granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/27/2020) (ama)

January 24, 2020

Filing 201 MOTION for Steven C. Sessa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18589254. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order Proposed Order)(Gleizer, Guillermo)

January 24, 2020

Filing 200 MOTION for Curtis S. Alva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18589075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mykalai Kontilai, Veronica Kontilai. (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order Proposed Order)(Gleizer, Guillermo)

January 24, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #201 MOTION for Steven C. Sessa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18589254. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

January 24, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #200 MOTION for Curtis S. Alva to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18589075. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

January 23, 2020

Filing 199 ORDER FOR ADMISSION PRO HAC VICE: granting #198 Motion for Ramon de la Cabada to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/22/2020) (ama)

January 23, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #198 MOTION for Ramon de la Cabada 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. (vba)

January 22, 2020

Filing 198 MOTION for Ramon de la Cabada 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 Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Affidavit Declaration, #5 Text of Proposed Order)(De La Cabada, Ramon)

January 22, 2020

Filing 197 ORDER: granting #194 Letter Motion to Continue; granting #194 Letter Motion for Extension of Time to Complete Discovery. The request for an additional stay of deadlines is granted. The parties shall consult as to the remaining schedule in this case and present either a joint or separate proposals by means of a letter or letters filed on ECF on or before January 31, 2020. If the parties believe a court conference is necessary, they may so state in the letter or letters. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/22/2020) (ama) Modified on 1/22/2020 (ama).

January 21, 2020

Filing 196 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated January 21, 2020 re: Response to Defendants' and Relief Defendant's Letter Motion for Extension of Time. Document filed by United States Securities and Exchange Commission.(Miller, Terry)

January 21, 2020

Filing 195 NOTICE OF APPEARANCE by Harlan J. Protass on behalf of Collector's Coffee Inc.. (Protass, Harlan)

January 21, 2020

Filing 194 LETTER MOTION to Continue Stay addressed to Magistrate Judge Gabriel W. Gorenstein from Guillermo Gleizer dated January 21, 2020., LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Guillermo Gleizer dated January 21, 2020. Document filed by Mykalai Kontilai, Veronica Kontilai.(Gleizer, Guillermo)

January 21, 2020

Filing 193 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ramon de la Cabada to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18557451. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Collector's Coffee Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Affidavit Declaration, #4 Text of Proposed Order)(De La Cabada, Ramon) Modified on 1/21/2020 (wb).

January 21, 2020

Filing 192 NOTICE OF APPEARANCE by Guillermo Ariel Gleizer on behalf of Mykalai Kontilai, Veronica Kontilai. (Gleizer, Guillermo)

January 21, 2020

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #193 MOTION for Ramon de la Cabada to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18557451. 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 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.. (wb)

January 10, 2020

Filing 191 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 12/6/2019 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)

January 10, 2020

Filing 190 TRANSCRIPT of Proceedings re: Telephone Conference held on 12/6/2019 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 1/31/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 4/9/2020.(rro)

December 30, 2019

Filing 189 REPLY MEMORANDUM OF LAW in Support re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. . . Document filed by Los Angeles Dodgers LLC. (Webb, Dan)

December 23, 2019

Filing 188 CERTIFICATE OF SERVICE of Holders' Opposiiton to Motion to Subsitute Party, Memorandum of Law in Support of The Holders' Opposition to Motion to Substitute Party and Declaration of Richard A. Schonfeld Regarding Holders' Opposition to Motion to Substitute Party served on Michael P. Roche, Dan K. Webb, Seth Eliot Spitzer, Cristina Elizabeth Calvar, Terry R. Miller Mark L. Williams, Mykalai Kontilai, Veronica Kontilai and Collectors Coffee on December 23, 2019. Service was made by Mail and Electronic Service. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

December 23, 2019

Filing 187 DECLARATION of Richard A. Schonfeld in Opposition re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. .. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

December 23, 2019

Filing 186 MEMORANDUM OF LAW in Opposition re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. . Memorandum of Law in Support of The Holders' Opposition to Motion to Substitute Party. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

December 23, 2019

Filing 185 RESPONSE to Motion re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. . Holders' Opposition to Motion to Substitue Party. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

December 11, 2019

Filing 184 MEMO ENDORSEMENT on re: #183 Letter filed by Mykalai Kontilai. ENDORSEMENT: Granted. SO ORDERED. Attorney Miles Douglas Orton terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/11/2019) (kv)

December 11, 2019

Filing 183 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Miles D. Orton dated December 11, 2019 re: Withdrawal of Attorney. Document filed by Mykalai Kontilai.(Orton, Miles)

December 10, 2019

Filing 182 ORDER: granting #163 Motion to Withdraw as Attorney ; granting #164 Motion to Withdraw as Attorney; granting #166 Motion to Withdraw as Attorney; granting #171 Motion to Continue; granting #172 Motion to Stay. The motions of counsel for Mykalai Kontilai, Veronica Kontilai, and Collector's Coffee Inc. to withdraw (Docket # 163, 164, 166) are each granted. All discovery as between these three parties and any other party is stayed until January 21, 2020. If no notice of appearance is filed by an attorney for Mykalai Kontilai or Veronica Kontilai by January 21, 2020, such party will proceed pro se. If no attorney files a notice of appearance on behalf of Collector's Coffee Inc. by that date, it will be deemed in default since a corporation can only appear by an attorney. The motion to adjourn the preliminary injunction hearing scheduled for December 13, 2019 (Docket # 171, 172), is granted. The hearing is adjourned sine die. Outgoing counsel are each directed to provide a copy of this Order to their clients. SO ORDERED.(Discovery due by 1/21/2020.) Attorney Edward J. M. Little; William Fleming and David Saul Hammer terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/2019) (ama)

December 9, 2019

Filing 181 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Los Angeles Dodgers Holding Company LLC, Corporate Parent LA Holdco LLC for Los Angeles Dodgers LLC. Document filed by Los Angeles Dodgers LLC.(Spitzer, Seth)

December 9, 2019

Filing 180 DECLARATION of Seth E. Spitzer in Support re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. .. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Exhibit A - Deeds of Gift)(Spitzer, Seth)

December 9, 2019

Filing 179 MEMORANDUM OF LAW in Support re: #178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. . . Document filed by Los Angeles Dodgers LLC. (Webb, Dan)

December 9, 2019

Filing 178 MOTION to Substitute Party. Old Party: Los Angeles Dodgers, LLC, New Party: Jackie Robinson Foundation, Inc. . Document filed by Los Angeles Dodgers LLC.(Webb, Dan)

December 9, 2019

Filing 177 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION HEARING proceeding held on 10/16/2019 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...(kgo)

December 9, 2019

Filing 176 TRANSCRIPT of Proceedings re: MOTION HEARING held on 10/16/2019 before Magistrate Judge Gabriel W. Gorenstein. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 12/30/2019. Redacted Transcript Deadline set for 1/9/2020. Release of Transcript Restriction set for 3/9/2020.(kgo)

December 9, 2019

Filing 175 ORDER regarding #141 Motion for Preliminary Injunction. Stipulated Order on Renewed Motion for Preliminary Injunction stipulating to relief sought in the Renewed Motion on a temporary basis pending the determination of the Renewed Motion or hearing on the merits. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/9/2019) (rch)

December 9, 2019

Filing 174 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry Miller, Esq. dated December 9, 2019 re: Submission of Proposed Order Pursuant to Telephonic Conference on December 6, 2019. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Miller, Terry)

December 6, 2019

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 12/6/2019. (rch)

December 6, 2019

Filing 172 LETTER MOTION to Stay re: #171 JOINT LETTER MOTION to Continue the hearing on the SEC's Motion for a Preliminary Injunction presently scheduled for December 13, 2019 addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little and William B. Fleming dat addressed to Magistrate Judge Gabriel W. Gorenstein from David S. Hammer dated December 6, 2019. Document filed by Veronica Kontilai.(Hammer, David)

December 6, 2019

Filing 171 JOINT LETTER MOTION to Continue the hearing on the SEC's Motion for a Preliminary Injunction presently scheduled for December 13, 2019 addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little and William B. Fleming dated 12/6/2019. Document filed by Mykalai Kontilai.(Little, Edward)

December 6, 2019

Filing 170 ORDER regarding #155 Letter Motion for Conference. The pre-motion conference requirement is waived. The motion shall comply with paragraphs 2.B through 2.E of Judge Gorenstein's Individual Practices. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)

December 6, 2019

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 12/6/2019. Telephone conference adjourned to December 9, 2019, at 11:00 a.m. (GWG)

December 5, 2019

Filing 173 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 General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement), and Dispositive Motion (i.e., motion requiring a Report and Recommendation) Motion proposed in Dkt. No. 155. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 12/5/2019) (ks)

December 5, 2019

Filing 169 RESPONSE to Motion re: #163 MOTION for David S, Hammer to Withdraw as Attorney ., #166 FIRST MOTION for William B. Fleming to Withdraw as Attorney ., #164 MOTION for Edward J.M. Little to Withdraw as Attorney . . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

December 5, 2019

Filing 168 REPLY AFFIRMATION of David Hammer in Support re: #163 MOTION for David S, Hammer to Withdraw as Attorney .. Document filed by Veronica Kontilai. (Hammer, David)

December 5, 2019

Filing 167 RESPONSE to Motion re: #163 MOTION for David S, Hammer to Withdraw as Attorney ., #166 FIRST MOTION for William B. Fleming to Withdraw as Attorney ., #164 MOTION for Edward J.M. Little to Withdraw as Attorney . . Document filed by United States Securities and Exchange Commission. (Miller, Terry)

December 5, 2019

Filing 166 FIRST MOTION for William B. Fleming to Withdraw as Attorney . Document filed by Collector's Coffee Inc., Collector's Coffee, Inc.. Return Date set for 12/26/2019 at 09:30 AM.(Fleming, William)

December 5, 2019

Filing 164 MOTION for Edward J.M. Little to Withdraw as Attorney . Document filed by Mykalai Kontilai.(Little, Edward)

December 5, 2019

Filing 163 MOTION for David S, Hammer to Withdraw as Attorney . Document filed by Veronica Kontilai.(Hammer, David)

December 5, 2019

Filing 162 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld, Esq. dated December 5, 2019 re: Response to Request for Pre-Motion Discovery Conference #161 . Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen.(Schonfeld, Richard)

December 5, 2019

Filing 161 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated December 5, 2019 re: Request for a Pre-Motion Discovery Conference. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A- Letter, #2 Exhibit B- EMail, #3 Exhibit C- Email)(Williams, Mark)

December 4, 2019

Filing 165 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) Motion proposed in Dkt. No. 155. Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 12/4/2019) (kgo)

December 4, 2019

MOTIONS REFERRED: #155 LETTER MOTION for Conference re: #153 Memo Endorsement,,, request for a pre-motion conference as to anticipated motion pursuant to Rule 25(c) of the Federal Rules of Civil Procedure to substitute the Dodgers with the Jackie Robinson Foundatio. Motions referred to Gabriel W. Gorenstein. (kgo)

December 3, 2019

Filing 160 ORDER granting #159 LETTER MOTION for Extension of Time to File Answer re: #134 Amended Complaint. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/3/2019) (jca)

December 3, 2019

Filing 159 LETTER MOTION for Extension of Time to File Answer re: #134 Amended Complaint, addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little and William B. Fleming dated December 3, 2019. Document filed by Collector's Coffee Inc., Mykalai Kontilai.(Little, Edward)

December 2, 2019

Filing 158 LETTER addressed to Judge Lorna G. Schofield from Richard A. Schonfeld, Esq. dated December 2, 2019 re: Opposition to Request for Pre-Motion Conference to Request Substitution of Party Pursuant to FRCP 25(c). Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen.(Schonfeld, Richard)

November 27, 2019

Filing 157 ORDER re: #154 Letter filed by Los Angeles Dodgers LLC. With regard to Docket # 154 and 156, the Court does not understand from the Dodgers' letter (# 154) that the Dodgers are seeking a stay of all discovery. It is for this reason that the Court does not see why the Dodgers would be prejudiced by disclosing the information required under Rule 26(a)(1). After all, without a stay, the Holders would be free to seek the same information (and more) by means of interrogatories and document requests under Fed. R. Civ. P. 33, 34.The due date of the Rule 26(a)(1) disclosures is extended until December 9, 2019. The parties may extend this date by mutual agreement and without Court order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/27/2019) (GWG)

November 26, 2019

Filing 156 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated November 26, 2019 re: Opposition to Request to Extend Deadline for Initial Disclosures. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen.(Schonfeld, Richard)

November 26, 2019

Filing 155 LETTER MOTION for Conference re: #153 Memo Endorsement,,, request for a pre-motion conference as to anticipated motion pursuant to Rule 25(c) of the Federal Rules of Civil Procedure to substitute the Dodgers with the Jackie Robinson Foundation, Inc., addressed to Judge Lorna G. Schofield from Dan K. Webb dated November 26, 2019. Document filed by Los Angeles Dodgers LLC.(Webb, Dan)

November 26, 2019

Filing 154 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated November 26, 2019 re: Extension of Time to File Initial Disclosures. Document filed by Los Angeles Dodgers LLC.(Spitzer, Seth)

November 21, 2019

Filing 153 MEMO ENDORSEMENT on re: #148 Letter, filed by Los Angeles Dodgers LLC. ENDORSEMENT: Upon reflection, it appears that the proposed motion is "dispositive" within the meaning of Fed. R. Civ. P. 72(b). Such motions have not been referred to the undersigned (see Docket# 52) and thus the undersigned could only issue a Report and Recommendation. Accordingly, the Court vacates its prior order (Docket# 152). Unless the parties submit a signed consent form, the parties shall address this application to Judge Schofield, and shall follow her procedures regarding pre-motion conference requests. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/21/2019) (kv) Modified on 11/21/2019 (kv). (Main Document 153 replaced on 11/21/2019) (kv).

November 20, 2019

Filing 152 Vacated as per Judge's Order dated 11/21/2019, Doc. #153 MEMO ENDORSEMENT on re: #148 Letter, filed by Los Angeles Dodgers LLC. ENDORSEMENT: The pre-motion conference requirement is waived. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/20/2019) (cf) Modified on 11/21/2019 (kv).

November 19, 2019

Filing 151 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated 11/19/2019 re: Opposition to Pre Motion Status Conference Request. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen.(Schonfeld, Richard)

November 19, 2019

Filing 150 MEMO ENDORSEMENT: on re: #148 Letter filed by Los Angeles Dodgers LLC. ENDORSEMENT: Any party opposing this relief shall file a letter on or before November 21, 2019, summarizing the basis for its opposition. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/19/2019) (ama)

November 18, 2019

Filing 149 ANSWER to Complaint with JURY DEMAND. Document filed by Los Angeles Dodgers LLC.(Spitzer, Seth)

November 18, 2019

Filing 148 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Dan K. Webb dated November 18, 2019 re: request for a pre-motion conference on the anticipated motion to substitute the Dodgers with the Jackie Robinson Foundation, Inc. as Intervenor-Defendant. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Exhibit A - Declaration of Seth E. Spitzer)(Spitzer, Seth)

November 18, 2019

Filing 147 ANSWER to #92 Intervenor Complaint,. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc..(Fleming, William)

November 18, 2019

Filing 146 ANSWER to #92 Intervenor Complaint,. Document filed by Mykalai Kontilai.(Little, Edward)

November 15, 2019

Filing 145 ORDER: granting #144 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/15/2019) (ama)

November 15, 2019

Filing 144 JOINT LETTER MOTION for Extension of Time to respond to the Amended Complaint [ECF No. 134] addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little dated 11/15/2019. Document filed by Mykalai Kontilai.(Little, Edward)

November 15, 2019

Set/Reset Deadlines: Collector's Coffee Inc. answer due 12/3/2019; Mykalai Kontilai answer due 12/3/2019. (ama)

November 13, 2019

Filing 143 CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION by Collector's Coffee Inc., Collector's Coffee, Inc., Mykalai Kontilai, Veronica Kontilai, United States Securities and Exchange Commission re #141 MOTION for Preliminary Injunction . MOTION REFERRED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 11/13/2019) (cf)

November 12, 2019

Filing 142 MEMORANDUM OF LAW in Support re: #141 MOTION for Preliminary Injunction . . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit 21- Holt Depo Transcript Excerpts, #2 Exhibit 22- Rosten Depo Transcript Excerpts, #3 Exhibit 23- Kontilia Depo Transcript Excerpts, #4 Exhibit 24- V. Kontilai Depo Transcript Excerpts, #5 Exhibit 25- Email Dated July 30, 2015, #6 Exhibit 26- Email Dated July 31, 2015, #7 Exhibit 27- 2015 SPA, #8 Exhibit 28- Letter Dated March 17, 2017, #9 Exhibit 29- Settlement Agreement, #10 Exhibit 30- Complaint - Kontilai v Dennin et al)(Miller, Terry)

November 12, 2019

Filing 141 MOTION for Preliminary Injunction . Document filed by United States Securities and Exchange Commission.(Miller, Terry)

November 12, 2019

Filing 140 NOTICE OF APPEARANCE by David Saul Hammer on behalf of Veronica Kontilai. (Hammer, David)

November 7, 2019

Filing 139 MEMO ENDORSEMENT on re: #137 Letter filed by United States Securities and Exchange Commission: ENDORSEMENT: The preliminary injunction hearing shall take place on December 13, 2019, at 9:00 a.m. (Status Conference set for 12/13/2019 at 09:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/6/2019) (jwh)

November 6, 2019

Filing 138 NOTICE of NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE re: #136 Memo Endorsement,,,,. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

November 6, 2019

Filing 137 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 6, 2019 re: Setting a Hearing Date. Document filed by United States Securities and Exchange Commission.(Miller, Terry)

November 5, 2019

ADD PARTY FOR PLEADING. Defendants/Respondents Veronica Kontilai added. Party added pursuant to #134 Amended Complaint,.Document filed by United States Securities and Exchange Commission. Related document: #134 Amended Complaint,.(Miller, Terry)

November 5, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Terry Ryan Miller re: Document No. #134 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; You must add Veronica Kontilai again as Relief Defendant. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)

November 4, 2019

Filing 136 MEMO ENDORSEMENT on re: #135 Letter filed by United States Securities and Exchange Commission. The above briefing schedule is approved. As it turns out, however, December 11 and 12 are not the most convenient dates for the Court. The parties should consult and let the Court know by letter as soon as convenient whether they prefer December 10 or December 13 as the preliminary injunction hearing date. Finally, on reflection, the Court believes it best that the parties execute a new consent form (assuming they still all wish to consent) that specifically references the new motion for a preliminary injunction as well as any previous applications that are being included. The form is available on the Court's webpage as well as at: https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-dispositive-motion-magistrate-judge Once signed, the form may be filed in the same manner as the previous consent form. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/4/2019) (GWG)

November 4, 2019

Filing 135 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 4, 2019 re: Joint Request to Set PI Hearing. Document filed by United States Securities and Exchange Commission.(Miller, Terry)

November 4, 2019

Filing 134 AMENDED COMPLAINT amending #1 Complaint against Collector's Coffee Inc., Mykalai Kontilai, Veronica Kontilai with JURY DEMAND.Document filed by United States Securities and Exchange Commission. Related document: #1 Complaint.(Miller, Terry)

November 4, 2019

Filing 133 MEMO ENDORSEMENT on re: #131 Letter, filed by United States Securities and Exchange Commission. ENDORSEMENT: Treating this letter as an application to file the attached amended complaint, the application is granted. Plaintiff is responsible for filing the amended complaint. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/1/2019) (cf)

November 1, 2019

Filing 132 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from David S. Hammer dated November 1, 2019 re: Decision to Issue Press Release. Document filed by Veronica Kontilai.(Hammer, David)

November 1, 2019

Filing 131 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated November 1, 2019 re: Permission to File Amended Complaint. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit Amended Complaint)(Miller, Terry)

October 31, 2019

Filing 130 ORDER granting #129 Letter Motion for Extension of Time. (the Dodgers' deadline to respond to the Complaint in Intervention is November 4, 2019.The Dodgers request that the deadline be extended to November 18, 2019.) Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/31/2019) (ama)

October 31, 2019

Filing 129 CONSENT LETTER MOTION for Extension of Time to respond to the Complaint in Intervention (ECF No. 92), addressed to Magistrate Judge Gabriel W. Gorenstein from Seth E. Spitzer dated October 31, 2019. Document filed by Los Angeles Dodgers LLC.(Spitzer, Seth)

October 31, 2019

Set/Reset Deadlines: Los Angeles Dodgers LLC answer due 11/18/2019. (ama)

October 29, 2019

Filing 128 ORDER: granting #126 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. Collector's Coffee Inc. answer due 11/18/2019. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/29/2019) (ama)

October 29, 2019

Filing 127 MEMO ENDORSEMENT: on #125 granting Motion for That the Court approve the release of the item in the Storage Unit from the asset freeze. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/29/2019) (ama)

October 29, 2019

Filing 126 LETTER MOTION for Extension of Time to File Answer re: #92 Intervenor Complaint, addressed to Magistrate Judge Gabriel W. Gorenstein from William B. Fleming dated October 29, 2019. Document filed by Adobe Investments, LLC, Collector's Coffee, Inc..(Fleming, William)

October 28, 2019

Filing 125 JOINT MOTION For Order Releasing Certain Assets that were Frozen by the Courts Temporary Restraining Order re: #12 Order to Show Cause, Set Deadlines, Terminate Motions,,,,,,,,,,,,,,,,,, . Document filed by United States Securities and Exchange Commission.(Williams, Mark)

October 16, 2019

Filing 124 SCHEDULING ORDER: Date after which parties may issue initial document requests and initial interrogatories 14 days after the latest responsive pleadings to the intervenor complaint is filed. Deadline for joining parties or filing amended pleadings: December 16, 2019, or 90 days after the latest responsive pleading is filed, whichever is later. Disclosure of expert evidence as required by Rule 26(a)(2)(A), (B) or (C), including the identities and reportsof experts, if any, will be made by June 1, 2020. On or before June 8, 2020, the parties will file a letter on ECF containing joint or separate proposals 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. The parties have requested a jury trial. The parties anticipate a trial of 2-3 weeks. And as set forth herein. SO ORDERED. Amended Pleadings due by 12/16/2019. Discovery due by 7/1/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/16/2019) (ama)

October 16, 2019

Filing 123 MEMO ENDORSEMENT on MOTION For Order Authorizing the Parties to Examine and Inventory Storage Unit: granting #122 Motion for For Order Authorizing the Parties to Examine and Inventory Storage Unit. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/16/2019) (ama)

October 16, 2019

Set/Reset Deadlines: Joinder of Parties due by 12/16/2019. (ama)

October 16, 2019

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Pretrial Conference held on 10/16/2019. (rch)

October 15, 2019

Filing 122 MOTION For Order Authorizing the Parties to Examine and Inventory Storage Unit re: #12 Order to Show Cause,,,,,,, Set Deadlines,,,,,,, Terminate Motions,,,,,, . Document filed by United States Securities and Exchange Commission.(Williams, Mark)

October 15, 2019

Filing 121 PROPOSED SCHEDULING ORDER. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

October 11, 2019

Filing 120 MEMO ENDORSEMENT: on re: #119 Letter filed by Los Angeles Dodgers LLC. ENDORSEMENT: Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/11/2019) (ama)

October 11, 2019

Filing 119 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Michael P. Roche dated October 11, 2019 re: request to appear via telephone for the Rule 16 Conference scheduled for October 16, 2019. Document filed by Los Angeles Dodgers LLC.(Roche, Michael)

October 8, 2019

Filing 118 MEMO ENDORSEMENT: on re: #117 Letter filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. ENDORSEMENT: Granted. Please follow the instructions in the footnote to docket # 111. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/08/2019) (ama)

October 8, 2019

Filing 117 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Richard A. Schonfeld dated October 8, 2019 re: Seeking to Appear by Telephone. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen.(Schonfeld, Richard)

October 4, 2019

Filing 116 ORDER granting #113 Motion for Dan K. Webb to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/4/2019) (mro)

October 4, 2019

Filing 115 ORDER granting #114 Motion for Michael P. Roche to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/4/2019) (mro)

October 3, 2019

Filing 114 CONSENT MOTION for Michael P. Roche to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17712328. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Declaration of Michael P. Roche, with Certificate, #2 Text of Proposed Order)(Roche, Michael)

October 3, 2019

Filing 113 CONSENT MOTION for Dan K. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17712197. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Los Angeles Dodgers LLC. (Attachments: #1 Declaration of Dan K. Webb, with Certificate, #2 Text of Proposed Order)(Webb, Dan)

October 3, 2019

Filing 112 ORDER granting #109 Letter Motion for Extension of Time. Extension to November 4, 2019, granted. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)

October 3, 2019

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #114 CONSENT MOTION for Michael P. Roche to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17712328. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)

October 3, 2019

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #113 CONSENT MOTION for Dan K. Webb to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17712197. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)

October 2, 2019

Filing 111 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 10/16/2019 at 10:30 AM in Courtroom 6B, United States Courthouse, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2019) (mro)

October 2, 2019

Filing 110 ORDER granting #106 Letter Motion for Conference. Without date. 10:30 a.m. Granted as modified. Status Conference set for 10/16/2019 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/2/2019) (mro)

October 2, 2019

Filing 109 CONSENT LETTER MOTION for Extension of Time to respond to the Complaint in Intervention (ECF No. 92), addressed to Judge Lorna G. Schofield from Seth E. Spitzer dated October 2, 2019. Document filed by Los Angeles Dodgers LLC.(Spitzer, Seth)

October 2, 2019

Filing 108 NOTICE OF APPEARANCE by Cristina Isabel Calvar on behalf of Los Angeles Dodgers LLC. (Calvar, Cristina)

October 2, 2019

Filing 107 NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Los Angeles Dodgers LLC. (Spitzer, Seth)

October 1, 2019

Filing 106 JOINT LETTER MOTION for Conference Letter Motion to Convert October 16, 2019, Preliminary Injunction Hearing into a Rule 16 Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated October 1, 2019. Document filed by United States Securities and Exchange Commission.(Miller, Terry)

September 26, 2019

Filing 105 MEMO ENDORSEMENT on re: #104 Letter filed by Collector's Coffee, Inc., Collector's Coffee Inc. ENDORSEMENT: Granted. Collector's Coffee Inc. answer due 10/30/2019. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/25/2019) (cf)

September 25, 2019

Filing 104 LETTER addressed to Judge Lorna G. Schofield from William B. Fleming dated September 25, 2019 re: Extension of Time. Document filed by Collector's Coffee Inc., Collector's Coffee, Inc..(Fleming, William)

September 19, 2019

Filing 103 AFFIDAVIT OF SERVICE of Summons and Intervenor Complaint,. Collector's Coffee, Inc. served on 9/17/2019, answer due 10/8/2019. Service was accepted by Kathryn Lang. Document filed by SDJ Investments, LLC; Adobe Investments, LLC; Darren Sivertsen. (Schonfeld, Richard)

September 17, 2019

Filing 102 WAIVER OF SERVICE RETURNED EXECUTED. Mykalai Kontilai waiver sent on 9/17/2019, answer due 11/18/2019. Document filed by Mykalai Kontilai. (Little, Edward)

September 16, 2019

Filing 101 ELECTRONIC SUMMONS ISSUED as to Mykalai Kontilai. (jgo)

September 13, 2019

Filing 100 REQUEST FOR ISSUANCE OF SUMMONS as to MYKALAI KONTILAI, re: #92 Intervenor Complaint,. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

September 13, 2019

Filing 99 ELECTRONIC SUMMONS ISSUED as to Collector's Coffee, Inc.. (sj)

September 12, 2019

Filing 98 MEMO ENDORSEMENT: on #94 granting Motion for Order Authorizing the Parties to Examine and Inventory Storage Unit. ENDORSEMENT: The above agreement is approved. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/12/2019) (ama)

September 12, 2019

Filing 97 AFFIDAVIT OF SERVICE of Summons and Intervenor Complaint,. Los Angeles Dodgers LLC served on 9/12/2019, answer due 10/3/2019. Service was accepted by Managing Agent. Document filed by SDJ Investments, LLC; Adobe Investments, LLC; Darren Sivertsen. (Schonfeld, Richard)

September 12, 2019

Filing 96 REQUEST FOR ISSUANCE OF SUMMONS as to Collector's Coffee, Inc., re: #92 Intervenor Complaint,. Document filed by Adobe Investments, LLC, SDJ Investments, LLC, Darren Sivertsen. (Schonfeld, Richard)

September 11, 2019

Filing 95 ELECTRONIC SUMMONS ISSUED as to Los Angeles Dodgers LLC. (sj)

September 11, 2019

Filing 94 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION Order Authorizing the Parties to Examine and Inventory Storage Unit re: #12 Order to Show Cause, Set Deadlines, Terminate Motions, . Document filed by United States Securities and Exchange Commission.(Williams, Mark) Modified on 11/26/2019 (db).

September 11, 2019

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard A. Schonfeld. The party information for the following party/parties has been modified: Los Angeles Dodgers LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj)

September 11, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard A. Schonfeld re: Document No. #92 Intervenor Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Doe Individuals 1 through 50 and Roe Corporations 1 through 50 must be added as two separate parties to the docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj)

September 11, 2019

ADD PARTY FOR PLEADING. Defendants/Respondents DOE INDIVIDUALS 1 THROUGH 50, ROE CORPORATIONS 1 THROUGH 50 added. Party added pursuant to #92 Intervenor Complaint,.Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen. Related document: #92 Intervenor Complaint,.(Schonfeld, Richard)

September 10, 2019

Filing 93 REQUEST FOR ISSUANCE OF SUMMONS as to LOS ANGELES DODGERS, LLC, re: #92 Intervenor Complaint,. Document filed by Adobe Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, SDJ Investments, LLC. (Schonfeld, Richard)

September 10, 2019

Filing 92 INTERVENOR COMPLAINT against Los Angeles Dodgers LLC DOE Individuals 1 Through 50 and ROE Corporations 1 Through 50, Collector's Coffee, Inc., Mykalai Kontilai.Document filed by SDJ Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, Adobe Investments, LLC.(Schonfeld, Richard)

September 10, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard A. Schonfeld to RE-FILE Document No. #91 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption error, caption should match that of the Intervenor Complaint; Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj)

September 10, 2019

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard A. Schonfeld to RE-FILE re: Document No. #90 Intervenor Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Los Angeles Dodgers LLC; Doe individuals 1 through 50 and Roe Corporations 1 through 50 must be added. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Intervenor 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. (sj)

September 9, 2019

Filing 91 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Los Angeles Dodgers, LLC, re: #90 Intervenor Complaint. Document filed by Adobe Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, SDJ Investments, LLC. (Schonfeld, Richard) Modified on 9/10/2019 (sj).

September 9, 2019

Filing 90 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR INTERVENOR COMPLAINT against Collector's Coffee Inc., Mykalai Kontilai. Document filed by SDJ Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, Adobe Investments, LLC.(Schonfeld, Richard) Modified on 9/10/2019 (sj).

September 6, 2019

Filing 89 MEMO ENDORSEMENT on ORDER GRANTING HOLDER'S RENEWED UNNOPPOSED MOTION TO INTERVENE TO ASSERT INTEREST IN JACKIE ROBINSON CONTRACTS AND RELATED CERTIFICATED OF AUTHENTICITY AND FOR PURPOSES OF ESTABLISHING OWNERSHIP/TITLE TO SAID CONTRACTS: granting #88 Motion to Intervene. ENDORSEMENT: IT IS SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/06/2019) (ama)

September 5, 2019

Filing 88 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene Holder's Renewed Unopposed Motion to Intervene to Assert Interest in Jackie Robinson Contracts and Related Certificates of Authenticity and For Purposes of Establishing Ownership/Title to Said Contracts. Document filed by Adobe Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, SDJ Investments, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Schonfeld, Richard) Modified on 11/18/2019 (db).

August 27, 2019

Filing 87 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from William B. Fleming dated August 27, 2019 re: Supplemental Accounting required pursuant to the Temporary Restraining Order entered on May 14, 2019 [ECF No. 12]. Document filed by Collector's Coffee Inc..(Fleming, William)

August 23, 2019

Filing 86 MEMO ENDORSEMENT: denying without prejudice #79 Motion to Intervene. HOLDER'S UNOPPOSED MOTION TO INTERVENE TO ASSERT INTEREST IN JACKIE ROBINSON CONTRACTS AND RELATED CERTIFICATES OF AUTHENTICITY AND FOR PURPOSES OF ESTABLISHING OWNERSHIP/TITLE TO SAID CONTRACTS. ENDORSEMENT: This motion is denied because it is not "accompanied by a pleading that sets out the claim or defense for which intervention is sought." Fed. R. Civ. P. 24 (c). The denial is without prejudice to a renewed application that complies with Fed. R. Civ. P. 24. So Ordered (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/22/2019) (js)

August 5, 2019

Filing 85 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Adobe Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, SDJ Investments, LLC.(Schonfeld, Richard)

August 5, 2019

Filing 84 ORDER FOR ADMISSION PRO HAC VICE granting #80 Motion for Richard A. Schonfeld to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/2019) (rro)

August 2, 2019

Filing 83 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Collector's Coffee Inc..(Fleming, William)

August 2, 2019

Filing 82 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Collector's Coffee Inc..(Fleming, William)

August 2, 2019

Filing 81 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Mykalai Kontilai.(Little, Edward)

August 1, 2019

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #80 MOTION for Richard A. Schonfeld 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)

July 31, 2019

Filing 80 MOTION for Richard A. Schonfeld to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adobe Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002, SDJ Investments, LLC. (Attachments: #1 Text of Proposed Order Order for Admission)(Schonfeld, Richard)

July 31, 2019

Filing 79 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Intervene Holder's Unopposed Motion to Intervene to Assert Interest in Jackie Robinson Contracts and Related Certificates of Authenticity and For Purposes of Establishing Ownership/Title to Said Contracts. Document filed by SDJ Investments, LLC, Adobe Investments, LLC, Darren Sivertsen, Trustee of Sivertsen Family Trust U/A/D 10/01/2002. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Text of Proposed Order [Proposed] Order)(Schonfeld, Richard) Modified on 10/3/2019 (db).

July 31, 2019

Filing 78 ORDER AMENDING TEMPORARY RESTRAINING ORDER: WHEREFORE, IT IS HEREBY ORDERED that the TRO is modified as follows: Defendant Kontilai shall, within 30 days of the date of this Order, produce to the SEC all financial institution or brokerage firm statements maintained in the name of any defendant that are in his custody or control, all documents in his custody or control evidencing title to real or personal property in which any defendant has any direct or indirect beneficial interest, and all documents in his custody or control pertaining to defendants' asset transfers on or after April 1, 2014 to other defendants or former or current employees or officers of Collector's Cafe. IT IS SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2019) (ama)

July 30, 2019

Filing 77 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated July 30, 2019 re: Submission of Proposed Order to Amend the Temporary Restraining Order. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Williams, Mark)

July 25, 2019

Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Civil Cause for Motions proceeding held on 7/17/2019 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.(vba)

July 25, 2019

Filing 75 TRANSCRIPT of Proceedings re: Civil Cause for Motions held on 7/17/2019 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 8/15/2019. Redacted Transcript Deadline set for 8/26/2019. Release of Transcript Restriction set for 10/23/2019.(vba)

July 23, 2019

Filing 74 ORDER granting #73 Letter Motion for Extension of Time. The deadline for both defendants to respond to the complaint is extended to August 2, 2019. (HEREBY ORDERED by Magistrate Judge Gabriel W. Gorenstein)(Text Only Order) (GWG)

July 23, 2019

Filing 73 LETTER MOTION for Extension of Time for Defendants to Respond to the Complaint addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little dated 07/23/2019. Document filed by Mykalai Kontilai.(Little, Edward)

July 23, 2019

Filing 72 MEMO ENDORSEMENT: on re: #71 Letter filed by Collector's Coffee Inc. ENDORSEMENT: This application is Granted. SO ORDERED., ( Deposition due by 8/30/2019., Responses due by 10/2/2019, (Preliminary injunction Hearing) Status Conference set for 10/16/2019 at 09:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/23/2019) (ama)

July 22, 2019

Filing 71 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from William B. Fleming dated July 22, 2019 re: Scheduling. Document filed by Collector's Coffee Inc..(Fleming, William)

July 19, 2019

Filing 70 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from William B. Fleming dated July 19, 2019 re: Scheduling. Document filed by Collector's Coffee Inc..(Fleming, William)

July 17, 2019

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 7/17/2019. 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 (rch)

July 16, 2019

Filing 69 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Mark L. Williams dated July 16, 2019 Document filed by United States Securities and Exchange Commission.(Williams, Mark)

July 16, 2019

Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 6/26/2019 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.(aea)

July 16, 2019

Filing 67 TRANSCRIPT of Proceedings re: Discovery Hearing held on 6/26/2019 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 8/6/2019. Redacted Transcript Deadline set for 8/16/2019. Release of Transcript Restriction set for 10/15/2019.(aea)

July 12, 2019

Filing 66 LETTER REPLY to Response to Motion addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 12, 2019 re: #61 LETTER MOTION to Compel Collector's Coffee, Inc. d/b/a Collectors Cafe to Designate Witness for 30(b)(6) Deposition and File an Accounting as Previously Ordered addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller . Document filed by United States Securities and Exchange Commission. (Miller, Terry)

July 12, 2019

Filing 65 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little dated 07/12/2019 re: Request to Strike Exhibit [ECF No. 63]. Document filed by Mykalai Kontilai.(Little, Edward)

July 11, 2019

Filing 64 MEMORANDUM OF LAW in Opposition re: #61 LETTER MOTION to Compel Collector's Coffee, Inc. d/b/a Collectors Cafe to Designate Witness for 30(b)(6) Deposition and File an Accounting as Previously Ordered addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller . Document filed by Collector's Coffee Inc.. (Fleming, William)

July 10, 2019

Filing 63 NOTICE of Filing of Exhibit re: #49 Response in Opposition to Motion,. Document filed by United States Securities and Exchange Commission. (Williams, Mark)

July 2, 2019

Filing 62 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little dated 07/02/2019 re: Reply to the SECs letter [ECF No. 49] and in further support of Mr. Kontilai's letter motion [ECF No. 40]. Document filed by Mykalai Kontilai.(Little, Edward)

July 1, 2019

Filing 61 LETTER MOTION to Compel Collector's Coffee, Inc. d/b/a Collectors Cafe to Designate Witness for 30(b)(6) Deposition and File an Accounting as Previously Ordered addressed to Magistrate Judge Gabriel W. Gorenstein from Terry R. Miller dated July 1, 2019. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A- Amended Notice of Deposition, #2 Exhibit B- Deposition Transcript)(Miller, Terry)

July 1, 2019

Filing 60 MEMO ENDORSEMENT: on re: #57 Notice (Other) filed by United States Securities and Exchange Commission, Collector's Coffee Inc. ENDORSEMENT:The above is so ordered. Additionally, the Court believes it would benefit from having proposed findings of fact. Accordingly, the parties should file them by July 26, 2019. (The Court assumes that the parties memoranda of law contain or will contain any proposed conclusions of law, but to the extent a party wishes to file conclusions of law as well, it is permitted to do so.) So Ordered. answer due 7/26/2019; Mykalai Kontilai answer due 7/26/2019.( Motions due by 7/1/2019., Responses due by 7/17/2019, Replies due by 7/12/2019., Status Conference set for 7/17/2019 at 10:00 AM before Magistrate Judge Gabriel W. Gorenstein., Status Conference set for 7/31/2019 at 09:50 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/01/2019) (ama)

July 1, 2019

Filing 59 NOTICE, CONSENT, AND REFERENCE OF A DISPOSITIVE MOTION TO A MAGISTRATE JUDGE: by Collector's Coffee Inc., Mykalai Kontilai, Veronica Kontilai, United States Securities and Exchange Commission re #40 LETTER MOTION for Conference regarding Mykalai Kontilai's Motion for Relief from the Temporary Restraining Order dated May 14, 2019 [ECF No. 12] addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/18/2019. Plaintiff's motion for an asset freeze, and other relief, including a preliminary injunction (Docket # 8 et seq.) and (2) Defendant's motion for relief from the Court's May 14, 2019, Order (Docket # 40). IT IS ORDERED. MOTION REFERRED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 7/01/2019) (ama)

June 28, 2019

Filing 58 NOTICE of Consent to a Magistrate Judge's consideration of Doc. Nos. 8 and 40 re: #56 Order,,,. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

June 28, 2019

Filing 57 NOTICE of Deadlines and Stipulation on TRO Extension. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

June 27, 2019

Filing 56 ORDER: It is hereby ORDERED that by June 28, 2019, the parties shall meet and confer regarding whether to consent to Judge Gorenstein's ruling on (1) whether the Court should enter a preliminary injunction extending the asset freeze (Dkt. No. 12) and (2) Defendant's motion for relief from the Court's May 14, 2019, Order (Dkt. No. 40). It is further ORDERED that by June 28, 2019, Plaintiff shall file on ECF (1) the attached consent form, signed by all parties, or (2) a letter stating that not all of the parties have consented, without specifying which party did not consent. The parties are free to withhold their consent without any adverse consequences. It is further ORDERED that in light of the Order of Reference to Judge Gorenstein, the Court's May 20, 2019, Order (Dkt. No. 16) is VACATED. (Signed by Judge Lorna G. Schofield on 6/27/2019) (ne)

June 27, 2019

Filing 55 ORDER: granting #54 Letter Motion for Discovery. Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/27/2019) (ama)

June 27, 2019

Filing 54 JOINT LETTER MOTION for Discovery /to remove documents located in certain storage units containing property frozen by the Court's Temporary Restraining Order [ECF No.# 12] addressed to Magistrate Judge Gabriel W. Gorenstein from Edward J.M. Little dated 06/27/2019. Document filed by Mykalai Kontilai.(Little, Edward)

June 26, 2019

Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Discovery Hearing held on 6/26/2019. 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 (rch)

June 25, 2019

Filing 53 ORDER, A telephone conference in this matter is scheduled for Wednesday, June 25, 2019, at 11:00 a.m. All parties should be prepared to report to the Court on the status of the case, including their compliance with any scheduling orders or other court directives currently in effect. At the above date and time, Mr. Gregory Alan Kasper, or other attorney for plaintiff is directed to place a call to the Court at (212) 805-4260 with all parties on the line. 1 All counsel who intend to speak during the call must use a landline or phone with equivalent quality. Also, when addressing the Court, counsel must not use a speakerphone. Upon receipt of this order each party is directed to ensure that all other parties on the case are aware of the conference date and time. The parties should follow paragraph 1.F of this Court's Individual Practices (available at: www.nysd.uscourts.gov/judge/Gorenstein) for any request for an adjournment. SO ORDERED. (Telephone Conference set for 6/25/2019 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/25/2019) (kv)

June 24, 2019

Filing 52 ORDER: It is hereby ORDERED that this case is referred to Judge Gorenstein for general pretrial supervision. It is further ORDERED that Plaintiff's motion for preliminary injunction and Defendant's motion for relief from the Court's May 14, 2019, Temporary Restraining Order are referred to Judge Gorenstein for a Report and Recommendation. The June 27, 2019, show cause hearing is CANCELLED. The referral will issue in a separate order. (Signed by Judge Lorna G. Schofield on 6/24/2019) (ne)

June 24, 2019

Filing 51 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Report and Recommendation. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 6/24/2019) (ne)

June 24, 2019

Filing 50 NOTICE of Anticipated Witness. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

June 21, 2019

Filing 49 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Mark L. Williams dated 06/21/2019 re: #40 LETTER MOTION for Conference regarding Mykalai Kontilai's Motion for Relief from the Temporary Restraining Order dated May 14, 2019 [ECF No. 12] addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/18/2019. . Document filed by United States Securities and Exchange Commission. (Williams, Mark)

June 21, 2019

Filing 48 MEMO ENDORSEMENT on: #47 LETTER granting #44 Letter Motion for Discovery. ENDORSEMENT: For substantially the reasons stated in Defendant's letter, Defendant's application (Dkt. No. 44) is GRANTED. Defendant's deposition shall proceed telephonically. (Signed by Judge Lorna G. Schofield on 6/21/2019) (jwh)

June 21, 2019

Filing 47 LETTER addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/21/2019 re: Response to the SEC's Opposition to Mr. Kontilais request that his deposition be conducted telephonically. Document filed by Mykalai Kontilai.(Little, Edward)

June 20, 2019

Filing 46 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Mark L. Williams dated 06/20/2019 re: #44 LETTER MOTION for Discovery /Deposition by telephone addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/20/2019. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A (subpoena), #2 Exhibit B (email), #3 Exhibit C (interrogatory))(Williams, Mark)

June 20, 2019

Filing 45 ENDORSED LETTER addressed to Judge Lorna G. Schofield from Edward J. M. Little dated 06/20/2019 re: I am respectfully requesting that the Court order that Mr. Kontilais deposition may proceed telephonically. ENDORSEMENT: It is ORDERED that Plaintiff shall file a letter response, not to exceed two pages, by June 21, 2019, at 12:00 p.m. (Signed by Judge Lorna G. Schofield on 06/20/2019) (jcs)

June 20, 2019

Filing 44 LETTER MOTION for Discovery /Deposition by telephone addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/20/2019. Document filed by Mykalai Kontilai.(Little, Edward)

June 19, 2019

Filing 43 ORDER granting #32 Motion to Compel; denying #41 Letter Motion for Leave to File Document. It is hereby ORDERED that Plaintiff's motion to compel is GRANTED; as further set forth herein. It is further ORDERED that Plaintiff's application for leave to file a reply letter brief is DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Docket Nos. 32 & 41. (Signed by Judge Lorna G. Schofield on 6/18/2019) (mro)

June 19, 2019

Filing 42 RESPONSE to Plaintiff's Third Request for Expedited Discovery to Mykalai Kontilai. Document filed by Mykalai Kontilai. (Little, Edward)

June 18, 2019

Filing 41 LETTER MOTION for Leave to File Letter Brief in Support of It's Motion to Compel addressed to Judge Lorna G. Schofield from Mark L. Williams dated June 18, 2019. Document filed by United States Securities and Exchange Commission.(Williams, Mark)

June 18, 2019

Filing 40 LETTER MOTION for Conference regarding Mykalai Kontilai's Motion for Relief from the Temporary Restraining Order dated May 14, 2019 [ECF No. 12] addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/18/2019. Document filed by Mykalai Kontilai.(Little, Edward)

June 18, 2019

Filing 39 THIRD PARTY OPPOSITION BRIEF explaining why the adverse spousal testimonial privilege applies in this case. Document filed by Veronica Kontilai.(Hammer, David)

June 17, 2019

Filing 38 NOTICE of Filing of Subpoena to Testify at a Deposition With Regard to Veronica Kontilai. Document filed by United States Securities and Exchange Commission. (Williams, Mark)

June 17, 2019

Filing 37 ORDER: granting #36 Letter Motion for Leave to File Excess Pages. Application GRANTED. (Signed by Judge Lorna G. Schofield on 6/17/2019) (ama)

June 17, 2019

Filing 36 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from David S. Hammer dated June 17, 2019. Document filed by Veronica Kontilai.(Hammer, David)

June 17, 2019

Filing 35 ORDER. WHEREAS, Plaintiff has filed an emergency motion to compel third-party Veronica Kontilai to appear at a deposition scheduled for June 19, 2019. It is hereby ORDERED that if Kontilai opposes the motion, then by June 18, 2019, at 12:00 p.m., she shall file a letter brief, not to exceed three pages, explaining why the adverse spousal testimonial privilege applies in this civil case. See United States v. Premises Known as 281 Syosset Woodbury Rd., Woodbury, N.Y., 71 F.3d 1067, 1071 (2d Cir. 1995) ("[T]he possibility of some future prosecution against Mr. Camiola is far too speculative to justify application of the privilege."); accord In re Shur, 225 B.R. 295, 300 (Bankr. E.D.N.Y. 1998). It is further ORDERED that by June 18, 2019, at 12:00 p.m., Plaintiff shall file Kontilai's deposition subpoena on ECF. With respect to #32 Motion to Compel. (Signed by Judge Lorna G. Schofield on 6/17/2019) (rjm)

June 17, 2019

Filing 33 NOTICE OF APPEARANCE by David Saul Hammer on behalf of Veronica Kontilai. (Hammer, David)

June 14, 2019

Filing 34 MEMO ENDORSEMENT on re: #30 LETTER addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/14/2019 re: Accounting required pursuant to the Temporary Restraining Order entered on May 14, 2019 [ECF No. 12]. Document filed by Mykalai Kontilai. ENDORSEMENT: It is ORDERED that if Defendant seeks relief from the Court's May 14, 2019, Temporary Restraining Order, he shall file a letter motion requesting such relief pursuant to Individual Rule III.A.1, no later than June 18, 2019. Plaintiff shall file a letter response, not to exceed three pages, by June 21, 2019. The parties shall include sufficient facts and law for the Court to rule on the letters. Defendant is warned that compliance with the Court's Orders is not optional. (Motions due by 6/18/2019. Responses due by 6/21/2019) (Signed by Judge Lorna G. Schofield on 6/14/2019) (rjm)

June 14, 2019

Filing 32 EMERGENCY MOTION to Compel Veronica Kontilai to Appear at Scheduled Deposition on June 19, 2019.. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Williams, Mark)

June 14, 2019

Filing 31 LETTER addressed to Judge Lorna G. Schofield from William B. Fleming dated June 14, 2019 re: Accounting required pursuant to the Temporary Restraining Order entered on May 14, 2019 [ECF No. 12]. Document filed by Colletor's Coffee Inc.. (Attachments: #1 Exhibit Exhibit 1)(Fleming, William)

June 14, 2019

Filing 30 LETTER addressed to Judge Lorna G. Schofield from Edward J.M. Little dated 06/14/2019 re: Accounting required pursuant to the Temporary Restraining Order entered on May 14, 2019 [ECF No. 12]. Document filed by Mykalai Kontilai.(Little, Edward)

June 7, 2019

Filing 29 WAIVER OF SERVICE RETURNED EXECUTED. Mykalai Kontilai waiver sent on 6/7/2019, answer due 8/6/2019. Document filed by Mykalai Kontilai. (Little, Edward)

June 7, 2019

Filing 28 NOTICE OF APPEARANCE by William Fleming on behalf of Colletor's Coffee Inc.. (Fleming, William)

June 7, 2019

Filing 27 WAIVER OF SERVICE RETURNED EXECUTED. Colletor's Coffee Inc. waiver sent on 5/21/2019, answer due 7/22/2019. Document filed by Colletor's Coffee Inc.. (Fleming, William)

June 6, 2019

Filing 26 ORDER granting #25 Motion to Amend/Correct. So Ordered. (Signed by Judge Lorna G. Schofield on 6/6/2019) (cf)

June 5, 2019

Filing 25 JOINT MOTION to Amend/Correct #12 Order to Show Cause,,,,,,, Set Deadlines,,,,,,, Terminate Motions,,,,,, . Document filed by United States Securities and Exchange Commission.(Miller, Terry)

May 30, 2019

Filing 24 ORDER granting #23 Motion to Amend/Correct. So Ordered. (Signed by Judge Lorna G. Schofield on 5/30/2019) (cf)

May 29, 2019

Filing 23 JOINT MOTION to Amend/Correct #12 Order to Show Cause,,,,,,, Set Deadlines,,,,,,, Terminate Motions,,,,,, . Document filed by United States Securities and Exchange Commission.(Miller, Terry)

May 23, 2019

Filing 22 NOTICE OF APPEARANCE by Miles Douglas Orton on behalf of Mykalai Kontilai. (Orton, Miles)

May 23, 2019

Filing 21 NOTICE OF APPEARANCE by Edward J. M. Little on behalf of Mykalai Kontilai. (Little, Edward)

May 21, 2019

Filing 20 CERTIFICATE OF SERVICE of Court's May 20, 2019, Order [Dkt. No. 16] served on Defendants Collectors Coffee, Inc. and Mykalai Kontilai on 5/20/2019. Service was made by EMAIL. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

May 21, 2019

Filing 19 CERTIFICATE OF SERVICE. Colletor's Coffee Inc. served on 5/15/2019, answer due 6/5/2019; Mykalai Kontilai served on 5/15/2019, answer due 6/5/2019. Service was made by EMAIL. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

May 20, 2019

Filing 18 ORDER granting #17 Letter Motion for Extension of Time. Application GRANTED. The show cause hearing scheduled for May 24, 2019, is adjourned to June 27, 2019, at 10:40 a.m. Defendants' opposition papers, if any, shall be filed by June 20, 2019. Show Cause Response due by 6/20/2019. (Signed by Judge Lorna G. Schofield on 5/20/2019) (cf)

May 20, 2019

Filing 17 JOINT LETTER MOTION for Extension of Time and Extension of TRO addressed to Judge Lorna G. Schofield from Terry R. Miller dated 05/20/2019. Document filed by United States Securities and Exchange Commission.(Miller, Terry)

May 20, 2019

Filing 16 Vacated as per Judge's Order dated 6/27/2019, Doc. # 56 ORDER: Initial Conference set for 7/18/2019 at 11:00 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/20/2019) (cf) Modified on 6/27/2019 (ne).

May 20, 2019

Set/Reset Hearings: Show Cause Hearing set for 6/27/2019 at 10:40 AM before Judge Lorna G. Schofield. (cf)

May 17, 2019

Filing 15 ORDER MODIFYING ASSET FREEZE granting #14 Motion. The parties' request is granted. IT IS HEREBY ORDERED that The TRO is modified to permit and authorize the United Marshals Service in the District of Nevada to take custody of the Jackie Robinson Contracts and store them in a secure facility pending further order from this Court; Defendants shall cooperate with the United Marshals Service to effect prompt transfer of the Jackie Robinson Contracts no later than 3:00pm EST, May 20, 2019; All other provisions of the TRO remain in effect. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/17/2019) (cf)

May 17, 2019

Filing 14 EMERGENCY MOTION Emergency Modification to Asset Freeze . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Miller, Terry)

May 17, 2019

Filing 13 NOTICE of Filing of Affidavit of Jacqueline M. Moessner with Corrected Exhibits 18, 19 and 20 re: #8 EX PARTE MOTION for Temporary Restraining Order For An Order to Show Cause, For An Asset Freeze, And Other Relief.. 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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Kasper, Gregory)

May 16, 2019

Filing 12 TEMPORARY RESTRAINING ORDER FREEZING ASSETS AND PROVIDING FOR OTHER ANCILLARY RELIEF, AND ORDER SETTING PRELIMINARY INJUNCTION HEARING: IT IS HEREBY FURTHER ORDERED that the Commission's application for expedited discovery is granted and that, but limited to a description and location of Defendants' assets commencing with the time and date of this Order, as further set forth in this Order. IT IS HEREBY FURTHER ORDERED that Defendants show cause, if there be any, to this court at 10:30 a.m. on the 24th day of May, 2019, in Room 1106 of the United States Courthouse, 40 Foley Square, New York, New York 10007, why this Court should not enter a preliminary injunction extending the asset freeze and other ancillary relief entered in this Order until final adjudication of this case on the merits. IT IS FURTHER ORDERED that the Defendants shall deliver any opposing papers in response to the Order to Show Cause above no later than May 22, 2019, at 5:00 p.m. No reply papers. (Show Cause Hearing set for 5/24/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield., Show Cause Response due by 5/22/2019.), ( Show Cause Response due by 5/22/2019.), Motions terminated: #8 EX PARTE MOTION for Temporary Restraining Order For An Order to Show Cause, For An Asset Freeze, And Other Relief. filed by United States Securities and Exchange Commission. (Signed by Judge Lorna G. Schofield on 5/14/2019) (cf)

May 15, 2019

Filing 11 NOTICE of Certification of Terry R. Miller Under Local Civil Rule 6.1(d) and Federal Rules of Civil Procedure 65(b)(1)(B) re: #8 EX PARTE MOTION for Temporary Restraining Order For An Order to Show Cause, For An Asset Freeze, And Other Relief.. Document filed by United States Securities and Exchange Commission. (Miller, Terry)

May 15, 2019

Filing 10 AFFIDAVIT of JACQUELINE M. MOESSNER in Support re: #8 EX PARTE MOTION for Temporary Restraining Order For An Order to Show Cause, For An Asset Freeze, And Other Relief.. 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, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Kasper, Gregory)

May 15, 2019

Filing 9 EX PARTE MEMORANDUM OF LAW in Support re: #8 EX PARTE MOTION for Temporary Restraining Order For An Order to Show Cause, For An Asset Freeze, And Other Relief. . Document filed by United States Securities and Exchange Commission. (Attachments: #1 Declaration of Gail Holt)(Kasper, Gregory)

May 15, 2019

Filing 8 EX PARTE MOTION for Temporary Restraining Order For An Order to Show Cause, For An Asset Freeze, And Other Relief. Document filed by United States Securities and Exchange Commission. (Attachments: #1 Text of Proposed Order)(Kasper, Gregory)

May 14, 2019

Filing 7 ORDER granting #5 Motion for Terry R. Miller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

May 14, 2019

Filing 6 ORDER granting #4 Motion for Mark L. Williams to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

May 14, 2019

Filing 5 AMENDED MOTION for Terry R. Miller 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 Exhibit Certificate of Good Standing, #2 Declaration in Support, #3 Text of Proposed Order)(Miller, Terry)

May 14, 2019

Filing 4 MOTION for Mark L. Williams 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 Exhibit Certificate of Good Standing, #2 Declaration in Support, #3 Text of Proposed Order)(Williams, Mark)

May 14, 2019

Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Terry R. Miller 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 Exhibit Certificate of Good Standing, #2 Declaration in Support, #3 Text of Proposed Order)(Miller, Terry) Modified on 5/14/2019 (ma).

May 14, 2019

Filing 2 CIVIL COVER SHEET filed. (jgo) (pne).

May 14, 2019

Filing 1 COMPLAINT against Colletor's Coffee Inc., Mykalai Kontilai. Document filed by United States Securities and Exchange Commission.(jgo) (pne).

May 14, 2019

SUMMONS ISSUED as to Mykalai Kontilai. (jgo)

May 14, 2019

SUMMONS ISSUED as to Colletor's Coffee Inc.. (jgo)

May 14, 2019

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo)

May 14, 2019

Case Designated ECF. (jgo)

May 14, 2019

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Mark L. Williams 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. (ma)

May 14, 2019

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 AMENDED MOTION for Terry R. Miller 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)

May 14, 2019

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Terry R. Miller 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 incorrect certificate of good standing is attached, please upload the certificate of good standing for New York. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ma)

Search for this case: United States Securities and Exchange Commission v. Collector's Coffee Inc. et al
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Plaintiff: United States Securities and Exchange Commission
Represented By:	Mark Lander Williams
Represented By:	Terry Ryan Miller
Represented By:	Gregory Alan Kasper
Represented By:	Stephen C McKenna
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Defendant: Mykalai Kontilai
Represented By:	Miles Douglas Orton
Represented By:	Edward J. M. Little
Represented By:	Cary J Hansel, III
Represented By:	Peter Alan Joseph
Represented By:	Robert Gerard Heim
Represented By:	Steven Sessa
Represented By:	Curtis Alva
Represented By:	George A. Lambert
Represented By:	Guillermo Ariel Gleizer
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Defendant: Colletor's Coffee Inc.
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Defendant: Collector's Coffee Inc.
Represented By:	William Fleming
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Defendant: Collector's Coffee Inc. doing business as Collectors Cafe
Represented By:	Harlan J. Protass
Represented By:	Ramon DE LA Cabada
Represented By:	Stanley Charles Morris
Represented By:	William Fleming
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Material witness: Veronica Kontilai
Represented By:	David Saul Hammer
Represented By:	Louis Palazzo
Represented By:	Peter Alan Joseph
Represented By:	Steven Sessa
Represented By:	Curtis Alva
Represented By:	George A. Lambert
Represented By:	Guillermo Ariel Gleizer
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Petitioner: Debevoise & Plimpton LLP
Represented By:	Christopher K. Tahbaz
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Petitioner: Timothy Dennin
Represented By:	Christopher D. Skoczen
Represented By:	Mehreen Hayat
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Intervenor defendant: Los Angeles Dodgers LLC
Represented By:	Cristina Isabel Calvar
Represented By:	Dan K. Webb
Represented By:	Michael P. Roche
Represented By:	Seth Eliot Spitzer
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Intervenor defendant: Collector's Coffee, Inc.
Represented By:	Stanley Charles Morris
Represented By:	William Fleming
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Intervenor defendant: Doe Individuals 1 thorugh 50
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Intervenor defendant: Roe Corporations 1 through 50
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Intervenor defendant: Jackie Robinson Foundation, Inc.
Represented By:	Amelia R. Garza-Mattia
Represented By:	Cristina Isabel Calvar
Represented By:	Dan K. Webb
Represented By:	Michael P. Roche
Represented By:	Seth Eliot Spitzer
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Intervenor plaintiff: SDJ Investments, LLC
Represented By:	Richard A. Schonfeld
Represented By:	Robert DeMarco
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Intervenor plaintiff: Adobe Investments, LLC
Represented By:	Richard A. Schonfeld
Represented By:	Robert DeMarco
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Intervenor plaintiff: Darren Sivertsen
Represented By:	Richard A. Schonfeld
Represented By:	Robert DeMarco
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Not classified by court: Curtis Alva
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Not classified by court: Steven C Sessa
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Not classified by court: William J. Leone
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Not classified by court: Andrew Ceresney
Represented By:	Dane Hal Butswinkas
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Not classified by court: John Culotta
Represented By:	Patrick Stoltz
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Not classified by court: David Clyde Chapman
Represented By:	Jay V. Surgent
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Interested party: Gail Herman-Holt
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