Payward Interactive, Inc. et al v. Etana Custody Limited et al
| Payward Interactive, Inc., Payward Trading, Ltd. doing business as Kraken and Payward, Inc. |
| Etana Custody Limited, Etana Custody, Inc. and Dion Brandon Russell |
| 1:2025cv02829 |
| September 9, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Daniel D Domenico |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 26, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 101
MINUTE ORDER: The Plaintiffs' Unopposed Motion to Modify Scheduling Order, ECF No. #97 , is GRANTED in part for good cause shown. It is HEREBY ORDERED that the Scheduling Order be amended as follows: Joinder of Parties and Amendment of Pleadings deadline is June 1, 2026, Affirmative Experts deadline is June 19, 2026, Fact Discovery Cut-off deadline is June 29, 2026, Contention interrogatories and requests for admission deadline is July 14, 2026, Rebuttal Expert deadline is July 17, 2026, All Discovery Cut-off deadline is August 14, 2026 and Dispositive Motions deadline is September 14, 2026. Regarding Rule 702 Motions, pursuant to Judge Domenico's practice standards, unless otherwise ordered, all motions filed under Federal Rule of Evidence 702 and any motion to strike an expert on the basis of discovery violations shall be filed no later than thirty (30) days after the deadline for disclosure of rebuttal witnesses. The time for filing responses and replies shall be governed by Local Civil Rule 7.1(d). In all future filings, the case number in the caption should be listed as 25-cv-02829-DDD-CYC. Entered by Magistrate Judge Cyrus Y. Chung on 02/26/2026. Text Only Entry.(agryan)
|
|
Filing 100
JOINT PROTECTIVE ORDER Entered by Magistrate Judge Cyrus Y. Chung on 02/26/2026. (agryan)
|
|
Filing 99
MINUTE ORDER: Before the Court is the parties' Joint Motion for Entry of Protective Order, ECF No. #95 , and the proposed protective orders, ECF Nos. 95-1, 95-2, 95-3. For good cause, the Court GRANTS the Joint Motion for Entry of Protective Order, ECF No. #95 . The Court will separately issue the protective order. The Court has made modifications as indicated in the attached redlined version. Entered by Magistrate Judge Cyrus Y. Chung on 02/26/2026. (Attachments: #1 Redlined Version)(agryan)
|
|
Filing 98
ORDER REFERRING MOTION: #97 Unopposed Motion to Amend/Correct/Modify #85 Scheduling Order filed by Payward Interactive, Inc., Payward, Inc., Payward Trading, Ltd. Motion referred to Magistrate Judge Cyrus Y. Chung by Judge Daniel D. Domenico on 2/26/2026. Text Only Entry (dddlc1, )
|
| Filing 97 Unopposed MOTION to Amend/Correct/Modify #85 Scheduling Order by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Zaytsev, Renee) |
|
Filing 96
ORDER REFERRING MOTION: #95 Joint MOTION for Protective Order filed by Dion Brandon Russell.Motion referred to Magistrate Judge Cyrus Y. Chung by Judge Daniel D. Domenico on 2/17/2026. Text Only Entry (dddlc11, )
|
| Filing 95 Joint MOTION for Protective Order by Defendant Dion Brandon Russell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Neel, Robert) |
| Filing 94 TRANSCRIPT of MOTION HEARING held on 01/06/2026 before Magistrate Judge Chung. Pages: 1-38. Prepared by: AB LITIGATION SERVICES ([email protected] or [email protected]). NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., ) |
| Filing 93 REPLY to Response to #76 MOTION to Dismiss Defendant Dion Brandon Russell's FED. R. CIV. P. 12(B)(6) Motion to Dismiss First Amended Complaint filed by Defendant Dion Brandon Russell. (O'Brien, Theodore) |
|
Filing 92
ORDER: In light of Colorado's Appointment of a Receiver over defendant Etana and the most recent status report, Plaintiffs' Motion for Receiver #20 is DENIED WITHOUT PREJUDICE. Plaintiffs shall file another status report in 90 days, on or before 4/13/2026. SO ORDERED by Judge Daniel D. Domenico on 1/13/2026. Text Only Entry(dddlc11, )
|
| Filing 91 STATUS REPORT by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Attachments: #1 Exhibit 1 - Receiver Status Update)(Zaytsev, Renee) |
| Filing 90 MINUTE ENTRY for Motion Hearing held on 1/6/2026 before Magistrate Judge Cyrus Y. Chung. Defendant Dion Brandon Russell's Motion for a Temporary Stay of Discovery Pending Resolution of Motion To Dismiss #80 is DENIED. FTR: C205. (spric) |
| Filing 89 REPLY to Response to #80 MOTION to Stay Discovery Temporarily Pending Resolution of Motion to Dismiss filed by Defendant Dion Brandon Russell. (O'Brien, Theodore) |
| Filing 88 RESPONSE to #76 MOTION to Dismiss Defendant Dion Brandon Russell's FED. R. CIV. P. 12(B)(6) Motion to Dismiss First Amended Complaint filed by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Zaytsev, Renee) |
| Filing 87 RESPONSE to #80 MOTION to Stay Discovery Temporarily Pending Resolution of Motion to Dismiss filed by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Attachments: #1 Exhibit 1 - Transcript of December 2, 2025 Scheduling Conference)(Zaytsev, Renee) |
| Filing 86 TRANSCRIPT of SCHEDULING CONFERENCE held on 12/02/2025 before Magistrate Judge Chung. Pages: 1-17. Prepared by: AB LITIGATION SERVICES ([email protected] or [email protected]). NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., ) |
|
Filing 85
SCHEDULING ORDER by Magistrate Judge Cyrus Y. Chung on 12/02/2025. Discovery is due by 5/15/2026. Dispositive Motions are due by 6/15/2026. (spric)
|
| Filing 84 MINUTE ENTRY for Scheduling Conference held on 12/2/2025 before Magistrate Judge Cyrus Y. Chung. A Motion Hearing is set for 1/6/2026 at 02:00 PM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung on ECF No. 80. The Response will be due on or before December 16, 2025. The Reply will be due on or before December 30, 2025. FTR: C205. (spric) |
|
Filing 83
ORDER granting #82 Motion for Extension of Time to File Response/Reply to #76 MOTION to Dismiss. Plaintiffs shall respond on or before December 19, 2025. Defendant Dion Brandon Russell shall reply on or before January 13, 2026. SO ORDERED by Judge Daniel D. Domenico on 12/2/2025. Text Only Entry(dddlc11, )
|
| Filing 82 Unopposed MOTION for Extension of Time to File Response/Reply as to #76 MOTION to Dismiss Defendant Dion Brandon Russell's FED. R. CIV. P. 12(B)(6) Motion to Dismiss First Amended Complaint by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Zaytsev, Renee) |
|
Filing 81
ORDER REFERRING MOTION: #80 MOTION to Stay Discovery Temporarily Pending Resolution of Motion to Dismiss filed by Dion Brandon Russell.Motion referred to Magistrate Judge Cyrus Y. Chung by Judge Daniel D. Domenico on 12/1/2025. Text Only Entry (dddlc11, )
|
| Filing 80 MOTION to Stay Discovery Temporarily Pending Resolution of Motion to Dismiss by Defendant Dion Brandon Russell. (Williams, Mark) |
|
Filing 79
MINUTE ORDER: This matter comes before the Court on email correspondence from the plaintiff. A Scheduling Conference is set for 12/2/2025 at 11:15 AM. Mses. Zaytsev and Alexander shall join the conference by dialing 571-353-2301 and then entering 198033559#. Any party appearing by telephone shall mute their telephone until the conference begins and at any time they are not speaking. Entered by Magistrate Judge Cyrus Y. Chung on 11/26/2025. Text Only Entry (spric)
|
| Filing 78 Proposed Scheduling Order by Defendant Dion Brandon Russell. (O'Brien, Theodore) |
| Filing 77 MINUTE ENTRY for Scheduling Conference held on 11/18/2025 before Magistrate Judge Cyrus Y. Chung. The Scheduling Conference is RESET for 12/2/2025 at 11:15 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. The Proposed Scheduling Order is due 11/25/2025. The Parties shall file the proposed Scheduling Order with the Clerks Office, and in accordance with District of Colorado Electronic Case Filing (ECF) Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at [email protected]. FTR: C205. (spric) |
| Filing 76 MOTION to Dismiss Defendant Dion Brandon Russell's FED. R. CIV. P. 12(B)(6) Motion to Dismiss First Amended Complaint by Defendant Dion Brandon Russell. (Williams, Mark) |
| Filing 75 NOTICE of Entry of Appearance by Theodore J. O'Brien on behalf of Dion Brandon RussellAttorney Theodore J. O'Brien added to party Dion Brandon Russell(pty:dft) (O'Brien, Theodore) |
| Filing 74 NOTICE of Entry of Appearance by Robert Edward Neel on behalf of Dion Brandon RussellAttorney Robert Edward Neel added to party Dion Brandon Russell(pty:dft) (Neel, Robert) |
| Filing 73 NOTICE of Entry of Appearance by Mark Wilson Williams on behalf of Dion Brandon RussellAttorney Mark Wilson Williams added to party Dion Brandon Russell(pty:dft) (Williams, Mark) |
|
Filing 72
MINUTE ORDER: This matter comes before the Court on email correspondence from the plaintiff. A Scheduling Conference is set for 11/18/2025 at 10:30 AM. Ms. Zaytsev and Ms. Alexander shall join the conference by dialing 571-353-2301 and then entering 198033559#. Any party appearing by telephone shall mute their telephone until the conference begins and at any time they are not speaking. Entered by Magistrate Judge Cyrus Y. Chung on 11/14/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (spric)
|
|
Filing 71
ORDER RE Defendant Dion Brandon Russell's #63 Motion for Extension of Time and #64 Motion to Stay Proceedings:In light of Colorado's Appoint of a Receiver over defendant Etana, the Motion to Stay #64 is GRANTED IN PART. Proceedings are stayed as to defendant Etana until such time as Etana's Receiver appears in this case and parties file a status report suggesting next steps. Plaintiffs' Motion for Receiver #20 is held in abeyance until such time. If the receiver has not appeared in this case in 60 days, Plaintiffs shall file a status report updating the Court on Etana's status.Defendant Mr. Russell's motion for stay #64 is DENIED IN PART as to claims against him personally. His motion for extension of time #63 is GRANTED. Mr. Russell may respond to Plaintiffs' Amended complaint no later than 11/17/2025. SO ORDERED by Judge Daniel D. Domenico on 11/13/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(dddlc11, )
|
|
Filing 70
Minute Order: This matter is before the Court sua sponte. The Scheduling Conference set for 11/18/2025 at 10:45 a.m is hereby RESET to 11/18/2025 at 10:30 a.m. This is a change in time only. Entered by Magistrate Judge Cyrus Y. Chung on 11/13/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (spric)
|
| Filing 68 Proposed Scheduling Order by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Alexander, Brooke) |
| Filing 69 Party Alexander Luton terminated pursuant to #66 NOTICE of Voluntary Dismissal filed in this case on 11/10/2025. Text Only Entry. (amona,) |
| Filing 67 RESPONSE to #64 MOTION to Stay, #63 MOTION for Extension of Time to Respond filed by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Attachments: #1 Exhibit 1 - Order Appointing Receiver)(Zaytsev, Renee) |
| Filing 66 NOTICE of Voluntary Dismissal of Party Alexander Luton by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc. (Zaytsev, Renee) |
|
Filing 65
ORDER RE: #64 MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF STATE RECEIVERSHIP PROCESS. Plaintiffs shall respond on or before 11/10/2025. SO ORDERED by Judge Daniel D. Domenico on 11/7/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc11, )
|
| Filing 64 MOTION TO STAY PROCEEDINGS PENDING RESOLUTION OF STATE RECEIVERSHIP PROCESS by Defendant Dion Brandon Russell. (cmadr, ) |
| Filing 63 MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT by Defendant Dion Brandon Russell. (cmadr, ) |
| Filing 62 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc. All parties do not consent.. (Zaytsev, Renee) |
|
Filing 61
ORDER granting #60 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Alexander Luton shall respond to Plaintiffs' First Amended Complaint on or before 11/10/2025. SO ORDERED by Judge Daniel D. Domenico on 10/30/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(dddlc11, )
|
| Filing 60 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #44 Amended Complaint, by Defendant Alexander Luton. (Kilroy, James) |
|
Filing 59
ORDER RE: Plaintiffs' #20 Motion to Appoint a Receiver, Defendant Dion Brandon Russell's #57 Motion for Extension of Time, and Plaintiffs' #58 Motion to Strike. The Hearing scheduled for 10/30/2025 is VACATED. Counsel for Etana shall respond to #20 motion to appoint a receiver by 11/10/2025 or the Court will grant Plaintiffs' request to appoint a receiver. Mr. Russell is reminded that he cannot represent Etana. #57 Motion for Extension of Time and #58 Motion to Strike are DENIED as MOOT. SO ORDERED by Judge Daniel D. Domenico on 10/27/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(dddlc11, )
|
| Filing 58 MOTION to Strike #57 MOTION for Extension of Time to Respond by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Zaytsev, Renee) |
| Filing 57 Defendant Russells Pro Se Emergency Motion For Extension of Time To Respond to Motion to Modify Preliminary Injunction and Motion for Receiver Based on Settlement Discussions by Defendant Dion Brandon Russell. (cmadr, ) |
| Filing 56 CORPORATE DISCLOSURE STATEMENT. (Zaytsev, Renee) |
|
Filing 55
ORDER ON STIPULATION. SO ORDERED by Judge Daniel D. Domenico on 10/21/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (rkeec)
|
|
Filing 54
ORDER GRANTING #53 Unopposed Motion for Order to enter Stipulation. Parties have agreed to the return of undisputed funds in Etana's possession. The Clerk of Court is directed to enter the parties' proposed Stipulation, Doc. 53-1. SO ORDERED by Judge Daniel D. Domenico on 10/21/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(dddlc11, )
|
| Filing 53 Unopposed MOTION for Order to enter Stipulation by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Attachments: #1 Proposed Order (PDF Only) So-Ordered Stipulation)(Rossman, Kenneth) |
|
Filing 52
ORDER granting #50 Motion for Extension of Time. Defendant Dion Brandon Russell 's response to Plaintiffs' Motion for Receiver #20 is due on 10/23/2025 and Plaintiffs' reply is due on 10/28/2025 at 5pm. SO ORDERED by Judge Daniel D. Domenico on 10/17/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(dddlc11, )
|
| Filing 51 RESPONSE to #50 MOTION for Extension of Time to Respond filed by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Zaytsev, Renee) |
| Filing 50 Defendant Russells Pro Se Emergency Motion For One Week Extension of Time To Respond to Motion to Modify Preliminary Injunction and Motion for Receiver by Defendant Dion Brandon Russell. (cmadr, ) |
|
Filing 49
JOINT PROTECTIVE ORDER by Magistrate Judge Cyrus Y. Chung on 10/16/2025. (tlove, )
|
|
Filing 48
MINUTE ORDER by Magistrate Judge Cyrus Y. Chung on 10/16/2025. Before the Court is the parties' Joint Motion for Entry of Protective Order, ECF No. #42 , and the proposed protective order, ECF No. #42 -1. For good cause, the Court GRANTS the Joint Motion for Entry of Protective Order, ECF No. #42 . The Court will separately issue the protective order. The Court has made modifications as indicated in the attached redlined version. (Attachments: #1 Continuation of Main Document) (tlove, )
|
| Filing 47 RESPONSE to #20 MOTION to Amend/Correct/Modify #8 Order on Motion for TRO,, MOTION to Supplement Motion for Preliminary Injunction MOTION to Appoint Receiver filed by Defendant Alexander Luton. (Kilroy, James) |
| Filing 46 NOTICE re #20 MOTION to Amend/Correct/Modify #8 Order on Motion for TRO,, MOTION to Supplement Motion for Preliminary Injunction MOTION to Appoint Receiver (Notice of Joinder by Payward, Inc. to Motion) by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc. (Zaytsev, Renee) |
| Filing 45 NOTICE of Filing Amended Pleading re #44 Amended Complaint, by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc. (Attachments: #1 Exhibit)(Zaytsev, Renee) |
| Filing 44 AMENDED COMPLAINT against All Defendants Attorney Renee M. Zaytsev added to party Payward, Inc.(pty:pla), filed by Payward Interactive, Inc., Payward Trading, Ltd., Payward, Inc.. (Attachments: #1 Exhibit 1 - PTL Custodian Agreement, #2 Exhibit 2 - PWI Custodian Agreement, #3 Exhibit 3 - Amendment to Fee Schedule, #4 Exhibit 4 - PTL Dashboard, #5 Exhibit 5 - PWI Dashboard, #6 Exhibit 6 - Stipulated Order of Suspension)(Zaytsev, Renee) |
|
Filing 43
ORDER REFERRING MOTION: #42 Joint MOTION for Protective Order filed by Alexander Luton.Motion referred to Magistrate Judge Cyrus Y. Chung by Judge Daniel D. Domenico on 10/14/2025. Text Only Entry (dddlc11, )
|
| Filing 42 Joint MOTION for Protective Order by Defendant Alexander Luton. (Attachments: #1 Proposed Order (PDF Only))(Lockwood, Ellie) |
|
Filing 41
ORDER RE: Defendant Brandon Russell's #40 Emergency Motion to Modify Temporary Restraining Order: The Court's #8 Preliminary Injunction does not extend to purely personal accounts held by Defendants Brandon Russell and Alexander Luton, or their families. Plaintiffs shall notify any third-party financial institutions that any freeze or hold on these personal accounts shall be released. SO ORDERED by Judge Daniel D. Domenico on 10/9/2025. Text Only Entry(dddlc11, )
|
| Filing 40 Verified Pro Se Emergency Motion to Modify Temporary Restraining Order by Defendant Dion Brandon Russell. (jrobe, ) |
|
Filing 39
ORDER granting #38 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Alexander Luton's answer is due 10/21/2025. SO ORDERED by Judge Daniel D. Domenico on 10/7/2025. Text Only Entry(dddlc11, )
|
| Filing 38 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant Alexander Luton. (Kilroy, James) |
| Filing 37 NOTICE of Entry of Appearance by James D. Kilroy on behalf of Alexander LutonAttorney James D. Kilroy added to party Alexander Luton(pty:dft) (Kilroy, James) |
| Filing 36 NOTICE of Entry of Appearance by Ellie Lockwood on behalf of Alexander LutonAttorney Ellie Lockwood added to party Alexander Luton(pty:dft) (Lockwood, Ellie) |
| Filing 35 RESPONSE to 32 Order by Defendant Dion Brandon Russell. (cmadr, ) |
| Filing 34 RESPONSE to 32 Order by Defendant Alexander Luton. (cmadr, ) |
| Filing 33 RESPONSE to 32 Order by Defendant Dion Brandon Russell. (cmadr, ) |
|
Filing 32
ORDER denying #31 Motion for Reconsideration. Defendants #29 Response to Plaintiffs #20 Request to freeze all assets states that Defendants will not return any funds that may be comingled with Kraken funds. That would include all funds in an omnibus account. Defendants shall respond, confirming that they will not return funds from the omnibus account, on or before 10/3/2025. SO ORDERED by Judge Daniel D. Domenico on 10/2/2025. Text Only Entry(dddlc11, )
|
| Filing 31 Emergency MOTION for Reconsideration re 30 Order on Motion to Expedite,,, by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Attachments: #1 Exhibit Exhibit A - 2025-04-07 Russell email, #2 Exhibit Exhibit B - Leadenhall - Transcript of TRO Hearing, #3 Exhibit Exhibit C - Leadenhall TRO)(Rossman, Kenneth) |
|
Filing 30
ORDER: Emergency Motion #26 to Expedite Ruling on Plaintiffs' Pending Motion to Modify Temporary Restraining Order is GRANTED. Motion #20 to Amend/Correct/Modify Order #8 on Motion for TRO is DENIED IN PART as to the request to Modify the Temporary Restraining Order and Modify the Preliminary Injunction. Based on this Court's current injunction, the Colorado State Banking Board Stipulated Order of Suspension, and the Defendants' responses, the requested modification is not necessary to ensure that Defendants will not return any funds belonging to Kraken or its customers, or that may have been comingled with Kraken's funds.Motion #20 is TAKEN UNDER ADVISEMENT IN PART as to the request to appoint a receiver and will be considered at the Court's 10/30/2025 Motion hearing. SO ORDERED by Judge Daniel D. Domenico on 9/26/2025. Text Only Entry(dddlc11, )
|
| Filing 29 PRO SE DEFENDANT DION BRANDON RUSSELLS RESPONSE TO THE COURTS ORDER [ECF 27 ] REQUESTING A RESPONSE TO PLAINTIFFS MOTION TO EXPEDITE RULING [ECF #26 ] ANDREQUEST TO FREEZE ASSETS [ECF #20 ] by Defendant Dion Brandon Russell. (cmadr, ) |
| Filing 28 PRO SE DEFENDANT DION BRANDON RUSSELLS RESPONSE TO THE COURTS ORDER [ECF 27 ] REQUESTING A RESPONSE TO PLAINTIFFS MOTION TO EXPEDITE RULING [ECF #26 ] ANDREQUEST TO FREEZE ASSETS [ECF #20 ] by Defendant Alexander Luton. (cmadr, ) |
|
Filing 27
ORDER re: #26 Emergency Motion to Expedite Ruling on Plaintiffs' Pending Motion to Modify Temporary Restraining Order. To the extent the plaintiffs seek to modify the Preliminary Injunction without providing the defendants an opportunity to be heard, that request is denied. The defendants may respond to the motion to expedite ruling and the plaintiffs' request in #20 to freeze all of Etana's assets by 3:00 pm on 9/26/2025. Any such response should state whether the defendants intend to return balances to customers other than the plaintiffs pursuant to the Colorado State Banking Board Stipulated Order of Suspension prior to the hearing scheduled for 10/30/2025. The defendants' response to the plaintiffs' request to appoint a receiver in #20 remains due by 10/16/2025. The plaintiffs must promptly serve the the pro se defendants (by email or any other means to which they consent in writing) with copies of this Order and all Court orders going forward, until such time as (a) counsel enters an appearance on their behalf, or (b) they register for electronic filing via the Electronic Case Filing system. Service of this Order must be completed as soon as practicable but no later than 9:30 am on 9/26/2025. Service of future orders must be completed as soon as practicable but no later than one business day after the issuance of the order. SO ORDERED by Judge Daniel D. Domenico on 9/25/2025. Text Only Entry (dddlc11, )
|
| Filing 26 Emergency MOTION to Expedite Ruling on Pending Motion to Modify TRO [ECF 20] by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Rossman, Kenneth) |
|
Filing 25
ORDER.Dion Russell, pro se, has consented to convert the Court's Temporary Restraining Order #8 to a Preliminary Injunction and moved to vacate the Preliminary Injunction Hearing and Order Granting Expedited Discovery 17 . Mr. Russell's motion #22 is GRANTED IN PART AND DENIED IN PART. Mr. Russell has consented to the Preliminary Injunction, no other defendant has appeared, and the grounds for granting the Temporary Restraining Order continue to exist, so the TRO #8 is hereby CONVERTED to a Preliminary Injunction for the reasons contained therein. Kraken's original motion for Preliminary Injunction #5 is GRANTED. The hearing scheduled for September 29, 2025 is VACATED. Because Plaintiffs' requested expedited discovery is necessary to effectuate the Preliminary Injunction, defendants must respond to those discovery requests by noon on 10/03/2025. Failure to timely respond to the discovery requests could result in sanctions pursuant to Fed. R. Civ. P. 37(b)(2). Failure to comply with the Temporary Restraining Order, Preliminary Injunction, this Order to provide discovery, or any other order of the Court may result in contempt sanctions. Defendants' response to Plaintiffs' Motion to Modify the Preliminary Injunction and Motion for Receiver #20 is due on 10/16/2025 and Plaintiffs' reply is due on 10/23/2025. A hearing on the motion is SET for 10/30/2025 at 10:30am in Courtroom A1002 before Judge Daniel D. Domenico. Plaintiffs' Motion for Leave #19 and Defendants first Notice of Consent and Request to Vacate #21 are DENIED AS MOOT. The Clerk of Court is DIRECTED to email a copy of this Order to [email protected] and [email protected]. SO ORDERED by Judge Daniel D. Domenico on 9/25/2025. Text Only Entry(dddlc11, )
|
| Filing 24 DECLARATION of Direct Testimony of Reed Holmes regarding MOTION for Temporary Restraining Order #5 by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Zaytsev, Renee) |
| Filing 23 RESPONSE to #21 MOTION to Vacate, #22 MOTION to Vacate filed by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Rossman, Kenneth) |
| Filing 22 SECOND DEFENDANTS' PRO SE NOTICE OF CONSENT TO PRELIMINARY INJUNCTION AND REQUEST TO VACATE HEARING AND ORDER OF EXPEDITED DISCOVERY by Defendants Etana Custody Limited, Etana Custody, Inc., Dion Brandon Russell, Alexander Luton. (cmadr, ) |
| Filing 21 DEFENDANTS' PRO SE NOTICE OF CONSENT TO PRELIMINARY INJUNCTION AND REQUEST TO VACATE HEARING AND ORDER OF EXPEDITED DISCOVERY by Defendants Etana Custody Limited, Etana Custody, Inc., Dion Brandon Russell. (cmadr, ) |
| Filing 20 MOTION to Amend/Correct/Modify #8 Order on Motion for TRO,, , MOTION to Supplement Motion for Preliminary Injunction, MOTION to Appoint Receiver by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Attachments: #1 Declaration of Renee Zaytsev, #2 Exhibit 1 - 9/17/2025 Email from Brandon Russell, #3 Exhibit 2 - 9/19/2025 Email with BMO, #4 Exhibit 3 - Alexander Luton Responses to Interrogatories, #5 Exhibit 4 - Alexander Luton Responses to Requests for Production, #6 Exhibit 5 - 9/23/2025 Email from Brandon Russell, #7 Exhibit 6 - Suspension Order, #8 Exhibit 7 - 9/22/2025 Email from Brandon Russell, #9 Exhibit 8 - 9/24/2025 Letter to James Cutler, #10 Proposed Order (PDF Only))(Zaytsev, Renee) |
| Filing 19 MOTION for Leave to Submit Declaration of David Ripley for Preliminary Injunction Hearing without Live Testimony by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Attachments: #1 Proposed Order (PDF Only))(Zaytsev, Renee) |
|
Filing 18
ORDER. On 9/17/2025 and 9/22/2025, my chambers received email communications from Defendant Dion Brandon Russell. The parties in this case are ordered not to email my chambers regarding substantive matters, and any such communications will be ignored in the future. Any documents that require the Court's attention must be filed on the record as motions or other appropriate filings. This includes any request to dissolve or modify #8 Temporary Restraining Order, any request to vacate the Preliminary Injunction Hearing set for 9/29/2025, and any response to #5 Motion for Preliminary Injunction. Mr. Russell stated that he and his co-defendants have not yet retained counsel. I note that "[o]nly an unrepresented party or a member of the bar of this court . . . may appear in a matter before the court, sign and file a pleading or document, or participate in a . . . hearing." Local Att'y R. 5(a)(5). This means that Mr. Russell and Defendant Alexander Luton may each appear pro se on their own behalf, but Mr. Russell may not appear pro se on behalf of Mr. Luton. I further note that because Defendants Etana Custody Limited and Etana Custody, Inc. are business entities, they may not appear, file documents, or participate in a hearing without counsel admitted to the bar of this Court. This means that Mr. Russell may not appear pro se on behalf of the Etana entities, and "absent prompt appearance of . . . counsel, [Etana's] pleadings and papers may be stricken, and default judgment or other sanctions may be imposed against the entit[ies]." Local Att'y R. 5(b). The defendants' response(s) to #5 Motion for Preliminary Injunction are due by noon today. Doc. #8 at 7. I will extend that deadline to noon tomorrow, 9/24/2025. The plaintiffs' reply deadline is extended to midnight on 9/25/2025. If any party wishes to continue the Preliminary Injunction Hearing and extend the briefing deadlines further, it may file an appropriate motion after conferral pursuant to Local Civ. R. 7.1(a). I note that unless all defendants consent to a longer extension, #8 Temporary Restraining Order may not be extended beyond 10/14/2025 at 12:17 PM. See Fed. R. Civ. P. 65(b)(2); 11A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 2953 (3d ed.). The District of Colorado's website provides a guide for parties proceeding without a lawyer, which can be found at http://www.cod.uscourts.gov/RepresentingYourself.aspx. Instructions for filing documents, including by emailing documents to the Clerk's Office or by registering for electronic filing via the Electronic Case Filing system, can be found at http://www.cod.uscourts.gov/RepresentingYourself/DifferentWaystoFileIntoYourCase.aspx. Questions regarding filing documents and general information about Court rules may be directed to the Clerk's Office, but Court staff may not give legal advice. Contact information for the Clerk's Office can be found at http://www.cod.uscourts.gov/AbouttheDistrict/ContactUs.aspx. The Clerk of Court is DIRECTED to email a copy of this Order to [email protected] and [email protected]. SO ORDERED by Judge Daniel D. Domenico on 9/23/2025. Text Only Entry (dddlc1, )
|
|
Filing 17
ORDER GRANTING #16 Emergency Motion for Expedited Discovery.Pursuant to Federal Rules of Civil Procedure 26(d)(1), 33(b)(2), and 34(b)(2)(A), and for good cause shown, the plaintiffs may seek expedited discovery in support of their motion for a preliminary injunction. The plaintiffs must serve the requests for production and interrogatories at Docs. 16-1 and 16-2 by 05:00 PM today along with a copy of this Order, and the defendants must respond to those discovery requests by noon on 9/24/2025.SO ORDERED by Judge Daniel D. Domenico on 9/22/2025. Text Only Entry (dddlc1, )
|
| Filing 16 Emergency MOTION for Discovery by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Attachments: #1 Exhibit 1 - Plaintiffs' Expedited Requests for the Production of Documents, #2 Exhibit 2 - Plaintiffs' Expedited Interrogatories, #3 Declaration of Renee Zaytsev, #4 Proposed Order (PDF Only))(Zaytsev, Renee) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Zaytsev, Renee) |
| Filing 13 NOTICE of Entry of Appearance by Brooke A. Alexander on behalf of Payward Interactive, Inc., Payward Trading, Ltd.Attorney Brooke A. Alexander added to party Payward Interactive, Inc.(pty:pla), Attorney Brooke A. Alexander added to party Payward Trading, Ltd.(pty:pla) (Alexander, Brooke) |
| Filing 12 NOTICE of Entry of Appearance by Renee M. Zaytsev on behalf of Payward Interactive, Inc., Payward Trading, Ltd.Attorney Renee M. Zaytsev added to party Payward Interactive, Inc.(pty:pla), Attorney Renee M. Zaytsev added to party Payward Trading, Ltd.(pty:pla) (Zaytsev, Renee) |
| Filing 14 PAYMENT RECEIVED from Payward Interactive, Inc. in the amount of $ 1,000.00; Receipt Number 115498; (cmadr, ) |
| Filing 11 SUMMONS Returned Executed by Alexander Luton. Alexander Luton served on 9/16/2025, answer due 10/7/2025. (Rossman, Kenneth) |
| Filing 10 SUMMONS Returned Executed by All Plaintiffs. Dion Brandon Russell served on 9/13/2025, answer due 10/6/2025. (Rossman, Kenneth) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Payward Interactive, Inc., Payward Trading, Ltd.. Etana Custody Limited waiver sent on 9/10/2025, answer due 11/10/2025; Etana Custody, Inc. waiver sent on 9/10/2025, answer due 11/10/2025. (Rossman, Kenneth) |
|
Filing 8
TEMPORARY RESTRAINING ORDER by Judge Daniel D. Domenico on 16 September 2025. Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Doc. #5 , is GRANTED IN PART as to the request for a temporary restraining order and TAKEN UNDER ADVISEMENT as to the request for a preliminary injunction. A Preliminary Injunction Hearing is SET for September 29, 2025 at 10:30 a.m. in Courtroom A1002 before Judge Daniel D. Domenico. Any motions affecting the hearing must be filed by 5:00 p.m. on September 24, 2025, with responses due by 5:00 p.m. on September 25, 2025. No replies will be permitted without leave of Court.(cmadr, ) Modified to correct PDF on 9/16/2025 (cmadr, ).
|
|
Filing 7
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 9/15/2025. Text Only Entry. (rkeec)
|
| Filing 6 CASE REASSIGNED. Pursuant to #5 MOTION for Temporary Restraining Order . This case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Cyrus Y. Chung. All future pleadings should be designated as 25-cv-2829-DDD. (Text Only Entry) (tlove, ) |
| Filing 5 MOTION for Temporary Restraining Order by Plaintiffs Payward Interactive, Inc., Payward Trading, Ltd.. (Attachments: #1 Affidavit Holmes Declaration with exhibits, #2 Affidavit Ripley Declaration with exhibits, #3 Affidavit Zaytsev Declaration with exhibits, #4 Proposed Order (PDF Only) Proposed order)(Rossman, Kenneth) |
|
Filing 4
MINUTE ORDER: The above captioned case has been directly assigned to Magistrate Judge Cyrus Y. Chung pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due by 11/4/2025. Proposed Scheduling Order due 11/12/2025. Scheduling Conference set for 11/18/2025 10:45 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is further ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. Entered by Magistrate Judge Cyrus Y. Chung on 9/11/2025. (tlove, )
|
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (echa, ) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 405,Receipt Number ACODC-10543519)Attorney Kenneth F. Rossman, IV added to party Payward Interactive, Inc.(pty:pla), Attorney Kenneth F. Rossman, IV added to party Payward Trading, Ltd.(pty:pla), filed by Payward Interactive, Inc., Payward Trading, Ltd.. (Attachments: #1 Exhibit A - PWT Custodian Agreement, #2 Exhibit B - PWI Custodian Agreement, #3 Exhibit C - Amendment to Fee Schedule, #4 Civil Cover Sheet, #5 Summons - Etana Custody Limited, #6 Summons - Etana Custody, Inc., #7 Summons - Dion Brandon Russell, #8 Summons - Alexander Luton)(Rossman, Kenneth) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
