Cignal.IO, LTD v. Salvador et al
| Cignal.IO, LTD |
| TechMate L.L.C., Joseph Salvador, Mai Xuan Thi Huynh, Brian Allen, AdSymbiot, LLC, AdTransport, LLC, Kristal Matthews, TechMate Digital, Blue Collar, LLC, Digital Consulting, Inc., Digital Content, LLC, Digital Consulting, Inc. a dissolved Colorado corporation formerly doing business as Epiphany Automated Intelligence formerly known as Epiphany AI formerly doing business as Epiphany Digital formerly doing business as Epiphany Video Network formerly and Epiphany AI |
| 1:2020cv00063 |
| January 8, 2020 |
| US District Court for the District of Colorado |
| William J Martinez |
| Kristen L Mix |
| Other Fraud |
| 28 U.S.C. § 1332 rd |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 Defendants' ANSWER to #10 Amended Complaint, Attorney Lawrence M. Zavadil added to party AdSymbiot, LLC(pty:dft), Attorney Lawrence M. Zavadil added to party AdTransport, LLC(pty:dft), Attorney Lawrence M. Zavadil added to party Brian Allen(pty:dft), Attorney Lawrence M. Zavadil added to party Blue Collar, LLC(pty:dft), Attorney Lawrence M. Zavadil added to party Digital Consulting, Inc.(pty:dft), Attorney Lawrence M. Zavadil added to party Digital Content, LLC(pty:dft), Attorney Lawrence M. Zavadil added to party Mai Xuan Thi Huynh(pty:dft), Attorney Lawrence M. Zavadil added to party Kristal Matthews(pty:dft), Attorney Lawrence M. Zavadil added to party Joseph Salvador(pty:dft) by AdSymbiot, LLC, AdTransport, LLC, Brian Allen, Blue Collar, LLC, Digital Consulting, Inc., Digital Content, LLC, Mai Xuan Thi Huynh, Kristal Matthews, Joseph Salvador.(Zavadil, Lawrence) |
| Filing 45 NOTICE of Entry of Appearance by Joseph J. Mellon on behalf of All Plaintiffs Attorney Joseph J. Mellon added to party Cignal.IO, LTD(pty:pla) (Mellon, Joseph) |
| Filing 44 SUMMONS Returned Executed by Cignal.IO, LTD. AdSymbiot, LLC served on 1/21/2020, answer due 2/11/2020. (Quiat, Andrew) |
| Filing 43 SUMMONS Returned Executed by Cignal.IO, LTD. Digital Consulting, Inc. served on 1/21/2020, answer due 2/11/2020. (Quiat, Andrew) |
| Filing 42 SUMMONS Returned Executed by Cignal.IO, LTD. AdTransport, LLC served on 1/21/2020, answer due 2/11/2020. (Quiat, Andrew) |
| Filing 41 SUMMONS Returned Executed by Cignal.IO, LTD. TechMate L.L.C. served on 1/21/2020, answer due 2/11/2020. (Quiat, Andrew) |
| Filing 40 SUMMONS Returned Executed by Cignal.IO, LTD. Kristal Matthews served on 1/21/2020, answer due 2/11/2020. (Quiat, Andrew) |
| Filing 39 SUMMONS Returned Executed by Cignal.IO, LTD. Brian Allen served on 1/21/2020, answer due 2/11/2020. (Quiat, Andrew) |
| Filing 38 SUMMONS Returned Executed by Cignal.IO, LTD. Mai Xuan Thi Huynh served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 37 SUMMONS Returned Executed by Cignal.IO, LTD. AdSymbiot, LLC served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 36 SUMMONS Returned Executed by Cignal.IO, LTD. AdTransport, LLC served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 35 SUMMONS Returned Executed by Cignal.IO, LTD. Blue Collar, LLC served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 34 SUMMONS Returned Executed by Cignal.IO, LTD. Digital Content, LLC served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 33 SUMMONS Returned Executed by Cignal.IO, LTD. Digital Consulting, Inc. served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 32 SUMMONS Returned Executed by Cignal.IO, LTD. TechMate L.L.C. served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 31 SUMMONS Returned Executed by Cignal.IO, LTD. Joseph Salvador served on 1/18/2020, answer due 2/10/2020. (Quiat, Andrew) |
| Filing 30 NOTICE of Filing Amended Pleading by Plaintiff Cignal.IO, LTD (Attachments: #1 Exhibit Exhibit A - Amended Complaint)(Quiat, Andrew) |
| Filing 29 SUMMONSES issued by Clerk on 1/15/2020 (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons) (angar, ) |
Filing 28
ORDER: The Court is in receipt of Plaintiff's Amended Complaint #10 . The Amended Complaint is subject to being summarily stricken, given counsel's failure to comply with D.C.COLO.LCivR. 15.1(a). In the interest of justice, however, the Court accepts the Amended Complaint as filed. Plaintiff is DIRECTED to file a separate notice of filing the Amended Complaint, and shall attach as an exhibit a redlined copy of the Amended Complaint in compliance with Local Rule 15.1(a), no later than January 17, 2020. SO ORDERED by Judge William J. Martinez on 1/15/2020. Text Only Entry (wjmsec, )
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| Filing 27 SUMMONS REQUEST by Plaintiff Cignal.IO, LTD. (Attachments: #1 Summons Summons - AdSymbiot, LLC, c/o Joseph Salvador, #2 Summons Summons - AdTransport, LLC, c/o Brian Allen, #3 Summons Summons - AdTransport, LLC, c/o Joseph Salvador, #4 Summons Summons - Blue Collar, LLC, c/ao Joseph Salvador, #5 Summons Summons - Brian Allen, #6 Summons Summons - Digital Consulting, Inc., et al, #7 Summons Summons - Digital Content, LLC, c/o Joseph Salvador, #8 Summons Summons - Digital Content, LLC, c/o Mai Xuan Thi Huynh, #9 Summons Summons - Joseph Salvador, #10 Summons Summons - Kristal Matthews, #11 Summons Summons - Mai Xuan Thi Juynh, #12 Summons Summons - Techmate, L.L.C., a/k/a Techmate Digital, c/o Brian Allen, #13 Summons Summons - Techmate, L.L.C., a/k/a Techmate Digital, c/o Jaime T. Jones, #14 Summons Summons - Techmate, L.L.C., a/k/a Techmate Digital, c/o Joseph Salvador)(Quiat, Andrew) |
| Filing 26 Administrative Notice: Summons Requests summited on 1/13/2020 will not be issued - Incorrect caption (Text Only Entry) (angar, ) |
| Filing 25 SUMMONS REQUEST as to Techmate, L.L.C., a/k/a Techmate Digital, c/o Joseph Salvador by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 24 SUMMONS REQUEST as to Techmate, L.L.C., a/k/a Techmate Digital, c/o Jaime T. Jones by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 23 SUMMONS REQUEST as to Techmate, L.L.C., a/k/a Techmate Digital, c/o Brian Allen by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 22 SUMMONS REQUEST as to Mai Xuan Thi Huynh by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 21 SUMMONS REQUEST as to Kristal Matthews by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 20 SUMMONS REQUEST as to Joseph Salvador by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 19 SUMMONS REQUEST as to Digital Content, LLC by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 18 SUMMONS REQUEST as to Digital Content, LLC by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 17 SUMMONS REQUEST as to Digital Consulting, Inc., d/b/a Epiphany Automated Intelligence, a/k/a Epiphany AI, d/b/a Epiphany Digital, d/b/a Epiphany Video Netowrk, d/b/a Epiphany Studios by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 16 SUMMONS REQUEST as to Brian Allen by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 15 SUMMONS REQUEST as to Blue Collar, LLC by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 14 SUMMONS REQUEST as to AdTransport, LLC c/o Joseph Salvador by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 13 SUMMONS REQUEST as to AdTransport, LLC, c/o Brian Allen by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 12 SUMMONS REQUEST as to AdSymbiot, LLC by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 11 SUMMONS REQUEST as to AdSymbiot, LLC by Plaintiff Cignal.IO, LTD. (Quiat, Andrew) |
| Filing 10 AMENDED COMPLAINT against AdSymbiot, LLC, AdTransport, LLC, Brian Allen, Blue Collar, LLC, Digital Consulting, Inc., Digital Content, LLC, Mai Xuan Thi Huynh, Kristal Matthews, Joseph Salvador, TechMate L.L.C., filed by Cignal.IO, LTD.(Quiat, Andrew) |
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Filing 9
ORDER by Magistrate Judge Kristen L. Mix on 1/10/20 Setting Scheduling/Planning Conference. Proposed Scheduling Order due by 3/23/2020. Scheduling/Planning Conference set for 3/30/2020 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (nmarb, )
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 1/10/2020. Text Only Entry (wjmsec, )
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Filing 7
ORDER: This matter is before the Court sua sponte. Plaintiff claims that this Court has jurisdiction under 28 U.S.C. 1332. If that were the case, Plaintiff's complaint would be inadequate to establish such jurisdiction because Plaintiff fails to plead the citizenship of all of its own members, and of all of the members of the various LLC defendants. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) (an LLC takes the citizenship of all its members; "only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). The Court notes, however, that Plaintiff's seventh claim for relief is a federal RICO claim, 18 U.S.C. 1962. The Court therefore exercises jurisdiction over this case under 28 U.S.C. 1331 (federal question jurisdiction over the RICO claim) and 1367(a) (supplemental jurisdiction over state-law claims). Plaintiff is warned that if the federal RICO claim is later dismissed, and if Plaintiff has not in the meantime amended his complaint to establish diversity jurisdiction over his state-law claims, Plaintiff will be subject to an order to show cause why the matter should not be dismissed under 28 U.S.C. 1367(c)(3). SO ORDERED by Judge William J. Martinez on 01/09/2020. Text Only Entry (wjmlc1)
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| Filing 6 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 20-cv-00063-WJM. (athom, ) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (trvo, ) |
| Filing 4 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (trvo, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Quiat, Andrew) |
| Filing 2 NOTICE Civil Cover Sheet by Plaintiff Cignal.IO, LTD (Quiat, Andrew) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7085144)Attorney Andrew L. Quiat added to party Cignal.IO, LTD(pty:pla), filed by Cignal.IO, LTD.(Quiat, Andrew) |
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