Williams Simons & Landis PC et al v. Zest Labs Holdings, LLC et al
| Williams Simons & Landis PC and Fred I Williams |
| Riskon International, Inc., Zest Labs Holdings, LLC, Gary Metzger, Bitnile Metaverse Inc, Ecoark, Inc. and Hyperscale Data Inc. |
| 2:2026cv00577 |
| March 2, 2026 |
| U.S. District Court for the District of Nevada |
| Miranda M Du |
| Elayna J Youchah |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 7, 2026. A more recent docket listing may be available from PACER.
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| Filing 54 CERTIFICATE OF SERVICE for #53 Response by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 53 RESPONSE to #42 Motion to Dismiss, #48 Motion to Dismiss by Plaintiffs Fred I Williams, Williams Simons & Landis PC. Replies are due by 5/1/2026. (Bubala, Louis) |
Filing 52
ORDER Granting #51 Stipulation to Extend Deadline to Respond to Motion to Dismiss Filed by Zest Holdings, LLC. Responses are due by 4/24/2026. Signed by Magistrate Judge Elayna J. Youchah on 4/20/2026. (Copies have been distributed pursuant to the NEF - RJDG)
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| Filing 51 STIPULATION FOR EXTENSION OF TIME (First Request) re #42 Motion to Dismiss by Plaintiffs Fred I Williams, Williams Simons & Landis PC.. (Bubala, Louis) (extend) (answer) |
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Filing 50
ORDER Approving #49 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Anthony J. Boccamazzo for Ecoark, Inc., Hyperscale Data Inc.,and Riskon International, Inc. and approving Designation of Local Counsel Todd E. Kennedy. Signed by Judge Miranda M. Du on 4/14/2026. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - DLS) (Main Document 50 replaced on 4/15/2026) (DLS).
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| Filing 49 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Anthony J. Boccamazzo and DESIGNATION of Local Counsel Todd E. Kennedy (Filing fee $ 250 receipt number ANVDC-8462151) by Defendants Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc... (Fountain, Jonathan) |
| Filing 48 MOTION to Dismiss #1 Complaint,, by Defendants Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc.. Responses are due by 4/24/2026. (Fountain, Jonathan) |
| Filing 47 JOINDER to #42 Motion to Dismiss by Defendants Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc.. (Fountain, Jonathan) |
| Filing 46 REPLY to Response to #17 Motion for TRO, by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 44 DECLARATION of Dylan T. Ciciliano, Esq. re #42 Motion to Dismiss by Defendant Zest Labs Holdings, LLC. (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)(Ciciliano, Dylan) |
| Filing 43 DECLARATION of Randy May re #42 Motion to Dismiss by Defendant Zest Labs Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ciciliano, Dylan) |
| Filing 42 MOTION to Dismiss #1 Complaint,, by Defendant Zest Labs Holdings, LLC. Responses are due by 4/21/2026. (Ciciliano, Dylan) |
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Filing 45
ORDER Granting #41 Stipulation Setting Single Date to Respond to Complaint. Answer due 4/10/2026. Signed by Magistrate Judge Elayna J. Youchah on 4/6/2026. (Copies have been distributed pursuant to the NEF - ALZ)
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| Filing 41 STIPULATION by Defendants Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc... (Fountain, Jonathan) (other) (answer) |
| Filing 40 CERTIFICATE of Interested Parties by Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Ault & Company, Inc. for Hyperscale Data Inc. added. (Fountain, Jonathan) |
| Filing 39 DECLARATION of Dylan T. Ciciliano, Esq. re #35 Response by Defendant Zest Labs Holdings, LLC. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Ciciliano, Dylan) |
| Filing 38 JOINDER to #35 Response by Defendants Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc.. (Fountain, Jonathan) |
| Filing 37 RESPONSE to #17 Motion for TRO, by Defendants Ecoark, Inc., Hyperscale Data Inc., Riskon International, Inc.. Replies are due by 4/7/2026. (Fountain, Jonathan) |
| Filing 36 DECLARATION of Randy May re #35 Response by Defendant Zest Labs Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ciciliano, Dylan) |
| Filing 35 RESPONSE to #17 Motion for TRO, by Defendant Zest Labs Holdings, LLC. Replies are due by 4/7/2026. (Ciciliano, Dylan) |
| Filing 34 NOTICE OF COMPLIANCE WITH COURT'S ORDER TO PROVIDE NOTICE OF BRIEFING SCHEDULE by Fred I Williams, Williams Simons & Landis PC re 24 Minute Order,,. (Bubala, Louis) |
| Filing 33 NOTICE OF COMPLIANCE WITH COURTS ORDER TO PROVIDE NOTICE OF BRIEFING SCHEDULE [ECF NO. 24] by Fred I Williams, Williams Simons & Landis PC re 24 Minute Order,,. (Bubala, Louis) |
| Filing 32 CERTIFICATE OF SERVICE for #17 Motion for TRO, #31 Summons Returned Executed, 24 Minute Order,, #26 Notice (Other) by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 31 SUMMONS Returned Executed by Williams Simons & Landis PC, Fred I Williams re #19 Summons Returned Executed, #10 Summons Issued. Ecoark, Inc. served on 3/23/2026. (Bubala, Louis) |
| Filing 30 SUMMONS Returned Executed by Williams Simons & Landis PC, Fred I Williams re #15 Summons Issued. Gary Metzger served on 3/24/2026. (Bubala, Louis) |
| Filing 29 NOTICE of Appearance by attorney Amir Saada on behalf of Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Saada, Amir) |
| Filing 28 SUMMONS Returned Executed by Williams Simons & Landis PC, Fred I Williams re #17 Motion for TRO, #1 Complaint,, #9 Proposed Summons to be issued. Hyperscale Data Inc. served on 3/17/2026. (Bubala, Louis) |
| Filing 27 NOTICE of Appearance by attorney Jordon Brandt Vincent Smith, I on behalf of Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Smith, Jordon) |
| Filing 26 NOTICE of Entry of Order by Fred I Williams, Williams Simons & Landis PC re 24 Minute Order,,. (Attachments: #1 Exhibit 1 - Minute Order in Chambers)(Bubala, Louis) |
| Filing 25 NOTICE of Appearance by attorney Dylan T. Ciciliano on behalf of Defendant Zest Labs Holdings, LLC. (Ciciliano, Dylan) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 3/17/2026. By Deputy Clerk: Karen Walker.On March 16, 2026, Plaintiffs filed an Emergency Motion for Temporary Restraining Order. (ECF No. #17 ("Motion").) Plaintiffs do not request a shortened briefing schedule. Accordingly, the Court will apply the following briefing schedule: Defendants have up to and including March 31, 2026 to file their response, and Plaintiffs have up to and including April 7, 2026 to file their reply. Plaintiffs are directed to serve a copy of this order to Defendants and file a notice of compliance with the Court upon completion. (no image attached) (Copies have been distributed pursuant to the NEF - KW) |
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Filing 23
ORDER granting Verified Petition for Permission to Practice Pro Hac Vice as to Amir I. Saada and approving Designation of Local Counsel Louis M. Bubala III (ECF No. #16 ). Signed by Judge Miranda M. Du on 3/17/2026. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KW)
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Filing 22
ORDER granting Verified Petition for Permission to Practice Pro Hac Vice as to Jordon B.V. Smith and approving Designation of Local Counsel Louis M. Bubala III (ECF No. #12 ). Signed by Judge Miranda M. Du on 3/17/2026. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KW)
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Filing 21
ORDER granting Verified Petition for Permission to Practice Pro Hac Vice as to Joshua H. Harris and approving Designation of Local Counsel Louis M. Bubala III (ECF No. #11 ). Signed by Judge Miranda M. Du on 3/17/2026. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - KW)
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| Filing 20 SUMMONS Returned Executed by Williams Simons & Landis PC, Fred I Williams re #17 Motion for TRO, #10 Summons Issued, #3 Certificate of Interested Parties, #1 Complaint,, #4 Notice of Related Cases, #5 Notice of Related Cases. Riskon International, Inc. served on 3/16/2026. (Bubala, Louis) |
| Filing 19 SUMMONS Returned Executed by Williams Simons & Landis PC, Fred I Williams re #17 Motion for TRO, #10 Summons Issued, #3 Certificate of Interested Parties, #1 Complaint,, #4 Notice of Related Cases, #5 Notice of Related Cases. Ecoark, Inc. served on 3/16/2026. (Bubala, Louis) |
| Filing 18 SUMMONS Returned Executed by Williams Simons & Landis PC, Fred I Williams re #17 Motion for TRO, #3 Certificate of Interested Parties, #1 Complaint,, #4 Notice of Related Cases, #15 Summons Issued, #5 Notice of Related Cases. Zest Labs Holdings, LLC served on 3/16/2026. (Bubala, Louis) |
| Filing 17 Emergency MOTION for Temporary Restraining Order by Plaintiffs Fred I Williams, Williams Simons & Landis PC. Responses are due by 3/30/2026. (Attachments: #1 Exhibit COMPLAINT, RISKON INT'L V. ZEST LABS HOLDINGS, #2 Exhibit RISKON MOTION FOR TEMPORARY RESTRAINING ORDER (RISKON V. ZEST), #3 Exhibit DECLARATION OF HENRY NISSER, RISKON MOTION FOR TEMPORARY RESTRAINING ORDER, #4 Exhibit DECLARATION OF JOSHUA H. HARRIS)(Bubala, Louis) |
| Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Amir I. Saada and DESIGNATION of Local Counsel Louis M. Bubala III (Filing fee $ 250 receipt number ANVDC-8413327) by Plaintiffs Fred I Williams, Williams Simons & Landis PC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bubala, Louis) |
| Filing 15 SUMMONS ISSUED as to Gary Metzger, Zest Labs Holdings, LLC re #1 Complaint. (ALZ) |
| Filing 14 PROPOSED SUMMONS to be issued Gary Metzger by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 13 PROPOSED SUMMONS to be issued Zest Labs Holdings, LLC by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jordon B.V. Smith and DESIGNATION of Local Counsel Louis M. Bubala III (Filing fee $ 250 receipt number ANVDC-8409694) by Plaintiffs Fred I Williams, Williams Simons & Landis PC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bubala, Louis) |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Joshua H. Harris and DESIGNATION of Local Counsel Louis M. Bubala III (Filing fee $ 250 receipt number ANVDC-8409690) by Plaintiffs Fred I Williams, Williams Simons & Landis PC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Bubala, Louis) |
| Filing 10 SUMMONS ISSUED as to Riskon International, Inc Ecoark, Inc., Hyperscale Data Inc. (Attachments: #1 Ecoark, Inc., #2 Hyperscale Data Inc.) (DRM) |
| Filing 9 PROPOSED SUMMONS to be issued Hyperscale Data Inc. by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 8 PROPOSED SUMMONS to be issued Ecoark, Inc. by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 7 PROPOSED SUMMONS to be issued Riskon International, Inc., formerly known as Bitnile Metaverse, Inc. by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 6 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - KW) |
| Filing 5 NOTICE OF RELATED CASES 2:25-cv-02042-APG-NJK by Plaintiffs Fred I Williams, Williams Simons & Landis PC. Amended re #4 Notice of Related Cases (Bubala, Louis) |
| Case randomly assigned to District Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah. (WJ) |
| Filing 4 NOTICE OF RELATED CASES 2:25-cv-02042 by Plaintiffs Fred I Williams, Williams Simons & Landis PC. (Bubala, Louis) |
| Filing 3 CERTIFICATE of Interested Parties by Fred I Williams, Williams Simons & Landis PC. There are no known interested parties other than those participating in the case (Bubala, Louis) |
| Filing 2 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel William Brewer III, Joshua H. Harris, Jordan BV Smith and Amir I Saada to comply with completion and filing of the Verified Petition and Designation of Local Counsel. The form is available on the Court's website - #www.nvd.uscourts.gov. Counsel is required to register for the court's electronic filing system at PACER #www.pacer.gov to register Attorney. Verified Petition is due by 3/17/2026. (no image attached) (WJ) |
| Filing 1 COMPLAINT against Ecoark, Inc., Hyperscale Data Inc., Gary Metzger, Riskon International, Inc. f/k/a Bitnile Metaverse, Inc., and/or Ecoark Holdings, Inc., Zest Labs Holdings, LLC (Filing fee $405 receipt number ANVDC-8391547) by Williams Simons & Landis PC, Fred I Williams. Certificate of Interested Parties is due by 3/12/2026. Proof of service is due by 5/31/2026. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Plaintiff's Original Complaint) (Bubala, Louis) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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