United States Securities and Exchange Commission v. Collector's Coffee Inc. et al
ORDER Accordingly, it is hereby ORDERED: That the Clerk of Court is directed to strike Defendant Mykalai Kontilai's memoranda of law found at Dkt. Nos. 1390, 1391, 1392, 1393, 1394, and 1395 for failure to comply with the Court's Individ ual Practices. That the Clerk of Court is further directed to strike Collector Coffee Inc.'s and Relief Defendant Veronica Kontilai's notices of joinder at Dkt. Nos. 1402, 1403, 1404, 1405, and 1406 as moot. That Defendant's and Relief Defendant may respond to plaintiff SEC's motion in limine (found at Dkt. No. 1347) no later than Friday, November 17, 2023. That t he SEC may reply to Defendants' and Relief Defendants' opposition no later than Wednesday, November 22, 2023. (Replies due by 11/22/2023., Responses due by 11/17/2023) (Signed by Judge Victor Marrero on 11/15/2023) (jca) Modified on 11/15/2023 (jca).
1348.) The rules permitted any party in opposition to file a
single memorandum of law, limited to 25 pages, addressing all
Coffee, Inc. and Relief Defendant Veronica Kontilai) instead
filed six memoranda of law, together 78 pages, one for each
limitations, which ensures that each party has an equal and
fair opportunity to be heard.
tactics defendants have engaged in during the course of this
inefficiencies on the Court and the parties. It also reflects
Judge Gabriel Gorenstein have repeatedly expressed, conduct
which cumulatively borders on sanctionable.
Indeed, the Court and Magistrate Judge Gorenstein have
“dilatory” and “frivolous,” among many other criticisms. (See
“repetitive, cumbersome, and wasteful for the Parties and the
Court”); Dkt. No. 988, at 25 (noting the “the dilatory manner
in which counsel have handled the instant case”) (report and
recommendation adopted in full, Dkt. No. 1013); Dkt. No. 910,
appalling in its lack of substance” and reflects a “complete
lack of intelligible argument on this critical element of his
motion”); Dkt. No. 884, at 10 (noting how defendants “hav[e]
taken numerous improper actions to delay this case, including
engaging in highly dilatory tactics in the discovery process,
filing numerous frivolous applications, and having required
the court to address numerous frivolous arguments”); Dkt. No.
862 (describing defendant’s filings as “frivolous”); Dkt. No.
Dkt. No. 811 (describing defendant’s filings as “frivolous”),
Dkt. No. 767, at 31 (noting how Kontilai “(or his attorneys)
production of the tax returns”); Dkt. No. 774, at 2 (“[T]he
defendants’ “inexcusable lateness” in seeking an expansion of
discovery and “dilatory conduct”).)
Accordingly, it is hereby ORDERED:
That the Clerk of Court is directed to strike Defendant
Mykalai Kontilai’s memoranda of law found at Dkt. Nos. 1390,
1391, 1392, 1393, 1394, and 1395 for failure to comply with
the Court’s Individual Practices.
Kontilai’s notices of joinder at Dkt. Nos. 1402, 1403, 1404,
1405, and 1406 as moot.
plaintiff SEC’s motion in limine (found at Dkt. No. 1347) no
later than Friday, November 17, 2023.
Defendants’ opposition no later than Wednesday, November 22,
15 November 2023
New York, New York
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