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

S.D. New York

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

DecidedFebruary 6, 2025

Docket1:19-cv-04355

StatusUnknown

This text of United States Securities and Exchange Commission v. Collector's Coffee Inc. (United States Securities and Exchange Commission v. Collector's Coffee Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States Securities and Exchange Commission v. Collector's Coffee Inc., (S.D.N.Y. 2025).

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USDC SDNY DOCUMENT IN THE UNITED STATES DISTRICT COURT aon AY FILE FOR THE SOUTHERN DISTRICT OF NEW YORK DATE FILED. □□□□□□□□

UNITED STATES SECURITIES AND EXCHANGE COMMISSION 1:19-cv-04355-VM-GWG Plaintiff, MOTION OF OF DEFENDANTS - against - COLLECTOR’S COFFEE INC. AND MYKALAT KONTILAI FOR JUDICIAL COLLECTOR’S COFFEE, INC. (d/b/a NOTICE IN SUPPORT OF RESPONSE COLLECTORS CAFE), MYKALAT KONTILAI, et al. F.R.E. 201 Defendants.

Pursuant to Federal Rule of Evidence 201, Defendant Collector’s Coffee Inc. (CCI), joined by Defendant Mykalai Kontilai (Kontilai), by and through their counsel, submit the Motion for Judicial Notice of the Criminal Judgment of the U.S. District Court for the District of Nevada, case No. 20cr109, U.S. v. Mykalai Kontilai, made by The Hon. Cristina Silva, U.S. District Judge, made on January 2, 2025. Taking judicial notice of the courts records in another federal court is proper. See Eliott v. Lions Gate Entertainment Corporation, C.D.Cal.2022, 639 F.Supp.3d 1012. The present Motion is submitted in connection with the Response of CCI and Kontilai to the Order dated December 10, 2024, the Response to follow is being filed on this date. Dated: January 29, 2025 Respectfully submitted, /signed/ George Lambert, Esq. /pro hac vice/ D.C. bar #979327 1025 Connecticut Ave., #1000 NW Washington, D.C., 20036 Tel. (202) 640 1897, Fax (800) 952 1950 Email: LawDC10@ gmail.com Attorney for Collector’s Coffee Inc. and Mykalai Kontilai

CERTIFICATE OF SERVICE The foregoing was served on ECF on all counsel of record for the parties as follows: Gregory A. Kasper Terry R. Miller, Esq. Mark Williams, Esq. U.S. Securities and Exchange Commission 1961 Stout Street, 17th Floor Denver, Colorado 80294 (303) 844-1000 kasperg@sec.gov millerte@sec.gov williamsml@sec.gov Attorneys for Plaintiff U.S. Securities Commission

Cristina I. Calvar, Esq. Winston & Strawn LLP 200 Park Avenue New York, NY 10166-4193 D: +1 212-294-5331, M: +1 954-232-9389, F: +1 212-294-4700 Winston & Strawn LLP Attorneys for Plaintiffs in Intervention Jackie Robinson Foundation. Richard A. Schonfeld, Esq. Robert Z. Demarco, Esq. Adiitted Pro Hae Vice Request GRANTED. The Court hereby 520 South Fourth Street takes judicial notice of the Las Vegas, Nevada 89101 criminal judgment against Mykalai Tel: (702) 384-5563 Kontilai. rschonfeld@cslawoffice.net LEZE2 rdemarco@cslawoffice.net SO ORDERED. a Attorney for Intervenor-Plaintiffs U.S.D.J. Dated: February 6, 2025 All counsel on ECF notice list. Date: January 29, 2025 /signed George Lambert/

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USDC SDNY DOCUMENT IN THE UNITED STATES DISTRICT COURT aon AY FILE FOR THE SOUTHERN DISTRICT OF NEW YORK DATE FILED. □□□□□□□□

UNITED STATES SECURITIES AND EXCHANGE COMMISSION 1:19-cv-04355-VM-GWG Plaintiff, MOTION OF OF DEFENDANTS - against - COLLECTOR’S COFFEE INC. AND MYKALAT KONTILAI FOR JUDICIAL COLLECTOR’S COFFEE, INC. (d/b/a NOTICE IN SUPPORT OF RESPONSE COLLECTORS CAFE), MYKALAT KONTILAI, et al. F.R.E. 201 Defendants.

Pursuant to Federal Rule of Evidence 201, Defendant Collector’s Coffee Inc. (CCI), joined by Defendant Mykalai Kontilai (Kontilai), by and through their counsel, submit the Motion for Judicial Notice of the Criminal Judgment of the U.S. District Court for the District of Nevada, case No. 20cr109, U.S. v. Mykalai Kontilai, made by The Hon. Cristina Silva, U.S. District Judge, made on January 2, 2025. Taking judicial notice of the courts records in another federal court is proper. See Eliott v. Lions Gate Entertainment Corporation, C.D.Cal.2022, 639 F.Supp.3d 1012. The present Motion is submitted in connection with the Response of CCI and Kontilai to the Order dated December 10, 2024, the Response to follow is being filed on this date. Dated: January 29, 2025 Respectfully submitted, /signed/ George Lambert, Esq. /pro hac vice/ D.C. bar #979327 1025 Connecticut Ave., #1000 NW Washington, D.C., 20036 Tel. (202) 640 1897, Fax (800) 952 1950 Email: LawDC10@ gmail.com Attorney for Collector’s Coffee Inc. and Mykalai Kontilai

CERTIFICATE OF SERVICE The foregoing was served on ECF on all counsel of record for the parties as follows: Gregory A. Kasper Terry R. Miller, Esq. Mark Williams, Esq. U.S. Securities and Exchange Commission 1961 Stout Street, 17th Floor Denver, Colorado 80294 (303) 844-1000 kasperg@sec.gov millerte@sec.gov williamsml@sec.gov Attorneys for Plaintiff U.S. Securities Commission

Cristina I. Calvar, Esq. Winston & Strawn LLP 200 Park Avenue New York, NY 10166-4193 D: +1 212-294-5331, M: +1 954-232-9389, F: +1 212-294-4700 Winston & Strawn LLP Attorneys for Plaintiffs in Intervention Jackie Robinson Foundation. Richard A. Schonfeld, Esq. Robert Z. Demarco, Esq. Adiitted Pro Hae Vice Request GRANTED. The Court hereby 520 South Fourth Street takes judicial notice of the Las Vegas, Nevada 89101 criminal judgment against Mykalai Tel: (702) 384-5563 Kontilai. rschonfeld@cslawoffice.net LEZE2 rdemarco@cslawoffice.net SO ORDERED. a Attorney for Intervenor-Plaintiffs U.S.D.J. Dated: February 6, 2025 All counsel on ECF notice list. Date: January 29, 2025 /signed George Lambert/

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United States Securities and Exchange Commission v. Collector's Coffee Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-securities-and-exchange-commission-v-collectors-coffee-inc-nysd-2025.