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
- 6
In SEC v. Collectors Coffee, Judge Gorenstein terminated the motions and set Veronica Kontilai’s deposition for September 10 and 14, 2020.
Veronica Kontilai was required to appear for her deposition on September 10 and 14, 2020, unless the parties agreed otherwise in writing. The order also affected the SEC and the other parties involved in the deposition dispute.
What happened
In United States Securities and Exchange Commission v. Collectors Coffee, Inc., Veronica Kontilai asked the court to reconsider its earlier denial of her request to delay her deposition. She relied on a newly received written opinion from her psychiatrist.
The filing said the psychiatrist believed Veronica was not then fit to testify in a deposition and needed about 60 days to stabilize. It also said the written opinion had not been available when the court denied the earlier request.
The order terminated the motion for reconsideration and another motion after the parties resolved the issue. Judge Gabriel W. Gorenstein ordered Veronica Kontilai to appear for her deposition on September 10 and 14, 2020, unless the parties agreed otherwise in writing.
The detailed version
- United States Securities and Exchange Commission v. Collector's Coffee Inc. · No. 1:19-cv-04355
- Victor Marrero
- Aug. 10, 2020
Background
Relief Defendant Veronica Kontilai previously moved for a protective order to delay her deposition. The court denied that motion on July 23, 2020. Veronica then moved for reconsideration under Local Civil Rule 6.3, arguing that newly received medical evidence supported her request.
The supporting filing stated that Veronica’s counsel had sought written medical information from her psychiatrist, Dr. Laurence Saben. Counsel had previously reported a verbal indication that stabilization would likely take 60 days, but the written opinion was not received until late afternoon on July 22, 2020, after the earlier motion had been submitted and shortly before the court denied it.
Arguments in the Filing
The filing described the written opinion as newly discovered evidence. It argued that the evidence showed Veronica was not currently fit to provide deposition testimony and needed 60 days to reach sufficient stabilization. The filing asked the court to reconsider its prior ruling and issue a temporary protective order delaying the deposition.
Under the rule described in the filing, reconsideration may be granted for an intervening change in controlling law, newly discovered evidence, a clear legal error, or the need to prevent manifest injustice. The filing argued that Veronica met the standard because the psychiatrist’s written opinion had not been available when the court made its earlier decision.
Ruling
The court’s August 10 order states that the parties had reached an agreement resolving the issue raised by the motion. It terminated the motion for reconsideration and another motion identified in the order. The court directed Veronica Kontilai to appear for her deposition on September 10 and 14, 2020, unless the parties agreed otherwise in writing. The order did not decide whether the medical opinion was correct or otherwise resolve the underlying Securities and Exchange Commission case.
Effect
The ruling concerned deposition scheduling and a request for protection from discovery. It did not resolve the SEC’s claims against the defendants or determine liability.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.