United States Securities and Exchange Commission v. Collector's Coffee Inc.
- Victor Marrero
- 1:19-cv-04355
- U.S. District Court · Southern District of New York
- 2
In SEC v. Collector’s Coffee, Judge Marrero granted defendants’ motion and took judicial notice of a criminal judgment against Mykalai Kontilai.
Collector’s Coffee Inc. and Mykalai Kontilai, whose request for judicial notice was granted; the criminal judgment against Kontilai was added to the matters the court recognized.
What happened
In United States Securities and Exchange Commission v. Collector’s Coffee Inc., Collector’s Coffee Inc. and Mykalai Kontilai asked the court to take judicial notice of a criminal judgment entered in another federal case against Kontilai. They made the request under Federal Rule of Evidence 201.
The requested judgment was entered by the U.S. District Court for the District of Nevada in United States v. Mykalai Kontilai, case number 20cr109, on January 2, 2025. The motion was submitted with the defendants’ response to a December 10, 2024 order.
Judge Victor Marrero granted the request. The court took judicial notice of the criminal judgment against Mykalai Kontilai.
The detailed version
- United States Securities and Exchange Commission v. Collector's Coffee Inc. · No. 1:19-cv-04355
- Victor Marrero
- Feb. 6, 2025
Background
Collector’s Coffee Inc. and Mykalai Kontilai asked the court to take judicial notice of a criminal judgment against Kontilai. Collector’s Coffee Inc. is identified in the caption as doing business as Collectors Cafe. The defendants filed the motion under Federal Rule of Evidence 201, which allows a court to recognize certain facts or records without requiring formal proof of them.
The motion concerned a criminal judgment entered by the U.S. District Court for the District of Nevada in case number 20cr109, United States v. Mykalai Kontilai. The motion states that the judgment was made by U.S. District Judge Cristina Silva on January 2, 2025. The defendants submitted the motion in connection with their response to an order dated December 10, 2024.
Ruling
Judge Victor Marrero granted the motion. The court took judicial notice of the criminal judgment against Mykalai Kontilai. The order addressed the requested judicial notice and did not decide the underlying claims described in the case caption.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.