Harris v. Take-Two Interactive Software, Inc.
| Colton John Harris |
| Take-Two Interactive Software, Inc. |
| 1:2024cv01508 |
| May 29, 2024 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Other Statutory Actions |
| 18 U.S.C. § 1030 (g) - Fraud & Related Matters in Connection w/ Computers |
| None |
Docket Report
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| Filing 45 MEMORANDUM regarding #44 MOTION to Stay Proceedings Pending Resolution of Defendant's Motion to Dismiss Amended Complaint filed by Take-Two Interactive Software, Inc.. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 7/26/2024. Text Only Entry (pabsec, ) |
| Filing 44 MOTION to Stay Proceedings Pending Resolution of Defendant's Motion to Dismiss Amended Complaint by Defendant Take-Two Interactive Software, Inc.. (Juarez, Carolyn) |
| Filing 43 MEMORANDUM regarding #41 Second MOTION for Leave to TO FILE SECOND AMENDED COMPLAINT filed by Colton John Harris. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 7/25/2024. Text Only Entry (pabsec, ) |
| Filing 42 LETTER NOTICE OF SECOND AMENDED COMPLAINT by Plaintiff Colton John Harris. (Attachments: #1 Continuation of Main Document AMENDED COMPLAINT, #2 Exhibit Screenshot showing account creation date on CFX.re, #3 Exhibit Screenshot of the Tebex user agreement, #4 Exhibit Screenshot of partnership agreement announcement on CFX.re, #5 Exhibit IP log and Google alert indicating unauthorized access, #6 Exhibit Screenshot of Discord conversation, #7 Exhibit Screenshot provided by Take-Two Interactive employee confirming unauthorized access to Keymaster and CFX.re data breach announcement, #8 Exhibit Screenshot of the November 2021 announcement, #9 Exhibit Evidence of the account lockout/suspension, #10 Exhibit Examples and comparisons of Plaintiffs work to Defendants DLC releases)(Harris, Colton) |
| Filing 41 Second MOTION for Leave to TO FILE SECOND AMENDED COMPLAINT by Plaintiff Colton John Harris. (Attachments: #1 Continuation of Main Document AMENDED COMPLAINT, #2 Exhibit Screenshot showing account creation date on CFX.re, #3 Exhibit Screenshot of the Tebex user agreement, #4 Exhibit Screenshot of partnership agreement announcement on CFX.re, #5 Exhibit IP log and Google alert indicating unauthorized access, #6 Exhibit Screenshot of Discord conversation, #7 Exhibit Screenshot provided by Take-Two Interactive employee confirming unauthorized access to Keymaster and CFX.re data breach announcement, #8 Exhibit Screenshot of the November 2021 announcement, #9 Exhibit Evidence of the account lockout/suspension, #10 Exhibit Examples and comparisons of Plaintiffs work to Defendants DLC releases)(Harris, Colton) |
| Filing 40 RESPONSE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS by Plaintiff Colton John Harris. (Attachments: #1 Exhibit Relevant Rules and FAQ, #2 Exhibit Statement by Zee, #3 Exhibit Confirmation by Titanium, #4 Exhibit Petition with Signatures, #5 Exhibit Tebex Terms)(Harris, Colton) |
Filing 39
MINUTE ORDER by Chief Judge Philip A. Brimmer on 7/23/2024. The Clerk's Office shall file Docket No. [1-10] as a separate entry. Text Only Entry (pabsec, )
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Filing 38
MEMORANDUM regarding #37 MOTION for Order to filed by Colton John Harris. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 7/24/2024. Text Only Entry (pabsec, )
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| Filing 37 Plaintiff's MOTION to Report Coercive Settlement Tactic and Improper Conduct, by Plaintiff Colton John Harris. (ccuen, ) |
| Filing 36 MEMORANDUM regarding #29 MOTION to Dismiss for Failure to State a Claim filed by Take-Two Interactive Software, Inc., #30 MOTION for Appointment filed by Colton John Harris. Motions referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 7/23/2024. Text Only Entry (pabsec, ) |
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Filing 35
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 7/23/2024. Text Only Entry (pabsec, )
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| Filing 34 CASE REASSIGNED Pursuant to #33 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be listed as 24-cv-01508-PAB. (Text Only Entry) (jrobe, ) |
| Filing 33 CONSENT to Jurisdiction of Magistrate Judge by Defendant Take-Two Interactive Software, Inc. All parties do not consent.. (Juarez, Carolyn) |
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Filing 32
MINUTE ORDER: In light of Plaintiff's second #30 Motion for Appointment of Counsel, Plaintiff's prior #20 Motion for Appointment of Counsel is denied as MOOT. See Bradshaw v. Nafziger, 2011 WL 863548, at *1 n. 1 (D. Colo. Mar. 10, 2011) (new filing "effectively renders moot" the prior filing). By Magistrate Judge Maritza Dominguez Braswell on 07/15/2024. Text Only Entry(mdblc4,)
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| Filing 31 LETTER Notice Of Resubmission by Plaintiff Colton John Harris. (Attachments: #1 Proposed Document)(Harris, Colton) |
| Filing 30 LETTER MOTION FOR APPOINTMENT OF COUNSEL by Plaintiff Colton John Harris. (Harris, Colton) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim by Defendant Take-Two Interactive Software, Inc.. (Attachments: #1 Affidavit Declaration of Andrew Ungberg, #2 Exhibit 1 - Terms of Service, #3 Exhibit 2 - End User License Agreement, #4 Exhibit 3 - Creator Platform License Agreement)(Juarez, Carolyn) |
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Filing 28
MINUTE ORDER: The Pre-Scheduling Conference set for 7/29/2024 is VACATED and RESET for 7/30/2024 10:00 AM due to a scheduling conflict. Parties shall participate by VIDEO utilizing the instructions previously provided with the Minute Order at ECF No. #21 . By Magistrate Judge Maritza Dominguez Braswell on 7/9/2024. Text Only Entry (evaug)
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Filing 27
MINUTE ORDER: Plaintiff's #26 Amended Complaint is accepted as filed pursuant to Fed. R. Civ. P. 15(a)(1)(B). Based on the filing of an amended complaint, Defendant's Motion to Dismiss at ECF 13 is denied as moot without prejudice to re-filing. See Strich v. United States, 2010 WL 148269, at *1 (D. Colo. Jan. 11, 2010) ("The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded." (citations omitted)). By Magistrate Judge Maritza Dominguez Braswell on 06/27/2024. Text Only Entry(mdblc4,)
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| Filing 26 Operative Complaint SUPPLEMENT/AMENDMENT AMENDED COMPLAINT by Plaintiff Colton John Harris. (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT 2, #3 Exhibit EXHIBIT 3, #4 Exhibit EXHIBIT 4, #5 Exhibit EXHIBIT 5, #6 Exhibit EXHIBIT 6, #7 Exhibit EXHIBIT 7, #8 Exhibit EXHIBIT 8, #9 Exhibit EXHIBIT 9)(Harris, Colton) Modified to note operative complaint pursuant to 27 order on 6/27/2024 (jrobe, ). |
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Filing 25
MINUTE ORDER: granting Plaintiff's #22 Motion for Leave to Refile Amended Complaint. See Fed. R. Civ. P. 15(a)(1)(B). Plaintiff is directed to file a clean copy of the Amended Complaint and exhibits on or before July 1, 2024. By Magistrate Judge Maritza Dominguez Braswell on 06/26/2024. Text Only Entry (mdblc4,)
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| Filing 24 RESPONSE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS by Plaintiff Colton John Harris. (Attachments: #1 Continuation of Main Document AMENDED COMPLAINT, #2 Exhibit EXHIBIT 1, #3 Exhibit EXHIBIT 2, #4 Exhibit EXHIBIT 3, #5 Exhibit EXHIBIT 4, #6 Exhibit EXHIBIT 5, #7 Exhibit EXHIBIT 6, #8 Exhibit EXHIBIT 7, #9 Exhibit EXHIBIT 8, #10 Exhibit EXHIBIT 9)(Harris, Colton) |
| Filing 23 LETTER NOTICE OF AMENDED COMPLAINT by Plaintiff Colton John Harris. (Attachments: #1 Continuation of Main Document AMENDED COMPLAINT, #2 Exhibit EXHIBIT 1, #3 Exhibit EXHIBIT 2, #4 Exhibit EXHIBIT 3, #5 Exhibit EXHIBIT 4, #6 Exhibit EXHIBIT 5, #7 Exhibit EXHIBIT 6, #8 Exhibit EXHIBIT 7, #9 Exhibit EXHIBIT 8, #10 Exhibit EXHIBIT 9)(Harris, Colton) |
| Filing 22 SUPPLEMENT/AMENDMENT MOTION FOR LEAVE TO REFILE AMENDED COMPLAINT by Plaintiff Colton John Harris. (Attachments: #1 Proposed Document NOTICE OF AMENDED COMPLAINT, #2 Continuation of Main Document AMENDED COMPLAINT, #3 Exhibit EXHIBIT 1, #4 Exhibit EXHIBIT 2, #5 Exhibit EXHIBIT 3, #6 Exhibit EXHIBIT 4, #7 Exhibit EXHIBIT 5, #8 Exhibit EXHIBIT 6, #9 Exhibit EXHIBIT 7, #10 Exhibit EXHIBIT 8, #11 Exhibit EXHIBIT 9)(Harris, Colton) |
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Filing 21
MINUTE ORDER: The Court wishes to acknowledge Plaintiff's letter at ECF #18 , which clarifies that Plaintiff proceeds pro se and requests the Court's understanding as it concerns any errors. So long as Plaintiff proceeds pro se, the Court will construe all pleadings and submissions liberally. See Trackwell v. United States, 472 F.3d 1242, 1243 (10th Cir. 2007) (noting that a court must "review [pro se] pleadings and other papers liberally and hold them to a less stringent standard than those drafted by attorneys" (citations omitted)). To the extent Plaintiff's letter at ECF #18 can be construed as a motion to appoint counsel, the motion is denied. Upon application of all relevant factors, see D.C.COLO.LAttyR 15(f)(1)(B)(i)-(iv), the Court has determined that appointment of counsel is not warranted at this early stage. However, the denial is without prejudice, and Plaintiff may re-file his request if and when his claims survive the motion to dismiss stage. Additionally, the Court has preliminarily reviewed the pending Motion to Dismiss at ECF #13 , including Defendant's allegations of frivolity. Plaintiff has not had an opportunity to respond, and thus the Court does not express a view on the allegations or arguments made therein. However, given the allegation of frivolity, the Court anticipates Defendant may seek a stay. If Defendant seeks to stay the proceedings until after the resolution of the motion to dismiss, Defendant must file a short Motion to Stay that addresses the factors set forth in String Cheese Incident, LLC v. Stylus Shows, Inc., 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006). Having that on file before the pre-scheduling conference will allow the Court to proceed most efficiently and explain all applicable procedures to pro se Plaintiff. Accordingly, the Court vacates the current Proposed Scheduling Order deadline, resets the Pre-Scheduling Conference to July 29, 2024, at 10:00 AM, but maintains the current consent deadline of July 22, 2024. The Pre-Scheduling Conference will be held via video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 6/25/2024. Text Only Entry (mdblc1) Modified to correct text on 6/25/2024 (jrobe, ).
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| Filing 20 LETTER PLAINTIFFS REQUEST FOR COURT-APPOINTED COUNSEL AS ADA ACCOMMODATION by Plaintiff Colton John Harris. (Harris, Colton) |
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Filing 19
MINUTE ORDER: Plaintiff's #17 Motion for Leave to File Amended Complaint is STRICKEN for failure to comply with the Local Rules. Local Rule 15.1(a) states that, "[a] party other than an unrepresented prisoner who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g., strikes through) the text to be deleted and underlines (e.g., underlines1) the text to be added." D.C.COLO.LCivR 15.1(a). By Magistrate Judge Maritza Dominguez Braswell on 06/24/2024. Text Only Entry(mdblc4,)
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| Filing 18 LETTER NOTICE OF PRO SE REPRESENTATION AND REQUEST FOR ADA CONSIDERATION by Plaintiff Colton John Harris. (Harris, Colton) |
| Filing 17 MOTION for Leave to file amended complaint by Plaintiff Colton John Harris. (Attachments: #1 Amended Complaint)(jrobe, ) |
| Filing 16 CERTIFICATE of Mailing/Service re #15 Order sent to Colton John Harris at 3100 Wood Avenue #G17 Colorado Springs, CO 80907. (jrobe, ) |
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Filing 15
ORDER SETTING PRELIMINARY SCHEDULING CONFERENCE AND INITIAL CASE DEADLINES. A Pre- Scheduling Conference set for 7/1/2024 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The conference will be conducted via video using the attached instructions. Consent Form due by 7/22/2024. Proposed Scheduling Order due 7/22/2024. By Magistrate Judge Maritza Dominguez Braswell on 6/7/2024. (Attachments: #1 VTC instructions) (evaug)
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| Filing 14 DECLARATION of Carolyn Juarez regarding MOTION to Dismiss for Failure to State a Claim #13 by Defendant Take-Two Interactive Software, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Juarez, Carolyn) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Defendant Take-Two Interactive Software, Inc.. (Juarez, Carolyn) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Vanguard Group Inc. for Take-Two Interactive Software, Inc.. (Juarez, Carolyn) |
| Filing 11 NOTICE of State Court Order by Defendant Take-Two Interactive Software, Inc. (Attachments: #1 Exhibit 1)(Juarez, Carolyn) |
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Filing 10
MINUTE ORDER: the #8 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction is STRICKEN for failure to comply with the Local Rules. Local Rules 5.1 and 40.1 direct parties to include the parties' signatures on consent forms. By Magistrate Judge Maritza Dominguez Braswell on 12/28/2023. Text Only Entry (mdblc4,)
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| Filing 9 Notice of Affidavit of Service, by Plaintiff Colton John Harris. (jrobe, ) Modified on 6/5/2024 to correct title (angar, ). |
| Filing 8 CONSENT to Jurisdiction of Magistrate Judge, Plaintiff Colton John Harris consents. (jrobe, ) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws, ) |
| Filing 6 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (blaws, ) |
| Filing 5 Proof of Service of Summons, Complaint, Civil Case Cover Sheet upon Take-Two Interactive Software, Inc. on 04/29/2024, filed by Plaintiff Colton John Harris. (blaws, ) |
| Filing 4 STATE COURT ORDER GRANTING Plaintiff's Motion for Extension of Time to Serve, by Gregory Robert Werner, District Court Judge, El Paso County, on 05/07/2024. (blaws) |
| Filing 3 STATE COURT COMPLAINT against Take-Two Interactive Software, Inc., filed by Colton John Harris. (blaws, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (blaws, ) |
| Filing 1 NOTICE OF REMOVAL by Take-Two Interactive Software, Inc. from District Court, El Paso Country, Colorado, Case Number 2024CV117., filed by Take-Two Interactive Software, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Juarez, Carolyn) |
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| Defendant: Take-Two Interactive Software, Inc. | |
| Represented By: | Carolyn Valerie Juarez |
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| Plaintiff: Colton John Harris | |
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