Montoya et al v. Character Technologies, Inc. et al
| Cynthia Montoya and William Peralta |
| Character Technologies, Inc., Noam Shazeer, Daniel De Freitas Adiwarsana, Google LLC and Alphabet Inc. |
| 1:2025cv02907 |
| September 15, 2025 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Scott T Varholak |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
This docket was last retrieved on January 7, 2026. A more recent docket listing may be available from PACER.
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Filing 33
ORDER granting #31 Joint Motion to Stay. Pursuant to the agreement of the parties and in the interest of facilitating a potential settlement in this matter, the Motion is GRANTED and proceedings are STAYED pending resolution of mediation. All upcoming hearings and deadlines are VACATED. On or before 4/2/2026, the parties shall file joint status report regarding the status of settlement. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/7/2026. Text Only Entry(stvlc6, )
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| Filing 32 MEMORANDUM regarding #31 Joint MOTION to Stay Case and Vacate Scheduling Conference and Deadlines filed by Character Technologies, Inc. Motion referred to Magistrate Judge Scott T. Varholak by District Judge Gordon P Gallagher on 01/07/2026. Text Only Entry (dclem) |
| Filing 31 Joint MOTION to Stay Case and Vacate Scheduling Conference and Deadlines by Defendant Character Technologies, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Williams, Chad) |
Filing 30
ORDER granting in part and denying in part #29 Motion for Leave to File Excess Pages. The Court grants page extensions, but not to the full extent requested. The Court now Orders as follows: For good cause shown, Movants are granted leave to exceed page limitations as follows: 1. CTI's Motion to Dismiss Under Fed. R. Civ. P. 12: a. CTI's Motion to Dismiss: 5 additional pages (20 pages total); b. Plaintiffs' Response: 5 additional pages (20 pages total); c. CTI's Reply: 2 additional pages (12 pages total); 2. Google's Motion to Dismiss Under Fed. R. Civ. P. 8 and 12: a. Google's Motion to Dismiss: 5 additional pages (20 pages total); b. Plaintiffs' Response: 5 additional pages (20 pages total); c. Google's Reply: 2 additional pages (12 pages total). By District Judge Gordon P. Gallagher on December 22, 2025. Text Only Entry. (gpglc3)
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| Filing 29 Joint MOTION for Leave to File Excess Pages by Defendant Character Technologies, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Williams, Chad) |
Filing 28
ORDER granting #26 Unopposed Motion for Extension of Time. The parties shall include a proposed deadline for designating non-parties at fault in their joint proposed scheduling order due 1/14/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/16/2025. Text Only Entry(stvlc6, )
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| Filing 27 MEMORANDUM regarding #26 Unopposed MOTION for Extension of Time to Desigate Non-Parties at Fault Pursuant to C.R.S. 13-21-111.5(3)(B) filed by Google LLC, Alphabet Inc. Motion referred to Magistrate Judge Scott T. Varholak by District Judge Gordon P Gallagher on 12/15/2025. Text Only Entry (dclem, ) |
| Filing 26 Unopposed MOTION for Extension of Time to Desigate Non-Parties at Fault Pursuant to C.R.S. 13-21-111.5(3)(B) by Defendants Alphabet Inc., Google LLC. (Attachments: #1 Proposed Order (PDF Only))(Mickus, Lee) |
| Filing 25 NOTICE of Entry of Appearance by Lee Allen Mickus on behalf of Alphabet Inc., Google LLCAttorney Lee Allen Mickus added to party Alphabet Inc.(pty:dft), Attorney Lee Allen Mickus added to party Google LLC(pty:dft) (Mickus, Lee) |
| Filing 24 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #22 Corporate Disclosure Statement filed by attorney Radu A. Lelutiu. The s/signature on the document did not match the filer name on the account for which the login and password are registered. Only attorney Matthew P. Bergman's s/signature is on the document, even though it was e-filed under attorney Radu Lelutiu's login. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (agryan) |
| Filing 23 NOTICE Amended Civil Cover Sheet by Plaintiffs Cynthia Montoya, William Peralta (Lelutiu, Radu) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT. (Lelutiu, Radu) |
Filing 21
ORDER granting #19 Joint Motion for Extension of Time to Answer or Otherwise Respond. The Court extends the deadline for Defendants to respond to the Complaint and to file a Motion to Dismiss under Colorado's Anti-SLAPP statute to 1/13/2026. The Court VACATES the Scheduling Conference set for 12/2/2025 and RESETS for 1/21/2026 at 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 1/14/2026. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/5/2025. Text Only Entry(stvlc6, )
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| Filing 20 MEMORANDUM regarding #19 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Character Technologies, Inc.. Motion referred to Magistrate Judge Scott T. Varholak. By District Judge Gordon P. Gallagher on November 4, 2025. Text Only Entry. (gpglc3) |
| Filing 19 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendant Character Technologies, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Williams, Chad) |
Filing 18
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored 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 District Judge Gordon P Gallagher on 10/29/2025. Text Only Entry (sphil, )
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| Filing 17 CASE REASSIGNED. Pursuant to #14 Consent to Jurisdiction of Magistrate Judge, all parties do not consent. Case randomly reassigned to District Judge Gordon P. Gallagher and drawn Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-02907. (Text Only Entry) (sphil, ) |
| Filing 16 NOTICE of Entry of Appearance by Maxwell E. Hamilton on behalf of Character Technologies, Inc.Attorney Maxwell E. Hamilton added to party Character Technologies, Inc.(pty:dft) (Hamilton, Maxwell) |
| Filing 15 NOTICE of Entry of Appearance by Jennifer Savage Allen on behalf of Character Technologies, Inc.Attorney Jennifer Savage Allen added to party Character Technologies, Inc.(pty:dft) (Allen, Jennifer) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Character Technologies, Inc. All parties do not consent.. (Williams, Chad) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Williams, Chad) |
| Filing 12 NOTICE of Entry of Appearance by Chad David Williams on behalf of Character Technologies, Inc.Attorney Chad David Williams added to party Character Technologies, Inc.(pty:dft) (Williams, Chad) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Cynthia Montoya, William Peralta. Daniel De Freitas Adiwarsana waiver sent on 10/17/2025, answer due 12/16/2025. (Lelutiu, Radu) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Cynthia Montoya, William Peralta. Google LLC waiver sent on 10/17/2025, answer due 12/16/2025. (Lelutiu, Radu) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Cynthia Montoya, William Peralta. Noam Shazeer waiver sent on 10/17/2025, answer due 12/16/2025. (Lelutiu, Radu) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Cynthia Montoya, William Peralta. Character Technologies, Inc. waiver sent on 10/17/2025, answer due 12/16/2025. (Lelutiu, Radu) |
| Filing 7 NOTICE of Entry of Appearance by Radu A. Lelutiu on behalf of Cynthia Montoya, William PeraltaAttorney Radu A. Lelutiu added to party Cynthia Montoya(pty:pla), Attorney Radu A. Lelutiu added to party William Peralta(pty:pla) (Lelutiu, Radu) |
| Filing 6 SUMMONS issued by Clerk. (agarc, ) |
| Filing 5 SUMMONS REQUEST as to CHARACTER TECHNOLOGIES, INC.,NOAM SHAZEER, DANIEL DE FREITAS ADIWARSANA, GOOGLE LLC, ALPHABET INC. by Plaintiffs Cynthia Montoya, William Peralta. (Bergman, Matthew) |
Filing 4
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 9/16/2025. Consent Form due by 11/18/2025. Proposed Scheduling Order due 11/25/2025. Scheduling Conference set for 12/2/2025 10:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons submitted; no summons issued. Completed summons may be filed for issuance using the event "Summons Request". (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (echa, ) |
| Filing 1 COMPLAINT CYNTHIA MONTOYA and WILLIAM WIL PERALTA, individually and as successors-in-interest of JULIANA PERALTA, Deceased against Alphabet Inc., CHARACTER TECHNOLOGIES, INC., Daniel DE FREITAS ADIWARSANA, Google LLC, Noam SHAZEER (Filing fee $ 405,Receipt Number ACODC-10556188)Attorney Matthew P. Bergman added to party CYNTHIA MONTOYA(pty:pla), Attorney Matthew P. Bergman added to party WILLIAM "Wil" PERALTA(pty:pla), filed by CYNTHIA MONTOYA, WILLIAM "Wil" PERALTA. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Bergman, Matthew) |
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