- 1 - 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

SCANZ TECHNOLOGIES, INC., fka 

EQUITYFEED CORPORATION, A 

Canadian (Quebec) Corporation, 

Plaintiff, 

vs. 

JEWMON ENTERPRISES, LLC, a Florida 

limited liability corporation; TIMOTHY 

SYKES, an individual; ZACHARY 

WESTPHAL, an individual; TIMOTHY 

BOHEN, an individual; MILLIONAIRE 

PUBLISHING, LLC, a Florida limited 

liability corporation; MILLIONAIRE 

PUBLISHING, LLC, a Colorado limited 

liability corporation; MILLIONAIRE 

MEDIA, LLC, a Florida limited liability 

corporation and STOCKSTOTRADE.COM 

INC., a Delaware corporation, 

Defendants. 

Case No. 20-cv-22957-RNS 

JOINT REQUEST FOR JUDICIAL 

NOTICE IN SUPPORT OF MOTIONS 

TO DISMISS; DECLARATION OF 

GABRIEL COLWELL 

AUTHENTICATING EXHIBITS TO 

REQUEST FOR JUDICIAL NOTICE 

TO THE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: 

Pursuant to Federal Rule of Evidence 201, and in connection with their Rule 12(b)(6) 

motion, defendants StocksToTrade, Zachary Westphal, JewMon Enterprises, LLC, Millionaire 

Publishing, LLC, Millionaire Media, LLC, Timothy Sykes, and Timothy Bohen (collectively, 

“Defendants”) respectfully request that the Court take judicial notice of the following ten Tweets 

published by Plaintiff Scanz Technologies, Inc. on its Twitter account “@GetScanz” between 

February 2016 and June 2017: 

1. The February 16, 2016 Tweet found online at 

(https://twitter.com/GetScanz/status/699628213073530882), which states: “@StocksToTrade 

@timothysykes Congratulations on your attempted carbon-copy ripoff of #EquityFeed with your 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 1 of 9
- 2 - 

rinky dink #STT. We’re flattered,” a true and correct copy of which is attached hereto as Exhibit 

1; 

2. The August 15, 2016 Tweet found online at 

(https://twitter.com/GetScanz/status/765186690025660416), which states: “STT is just a really 

bad attempted ripoff of @EquityFeed. They used our platform for 2 years as a ‘white label’...,” a 

true and correct copy of which is attached hereto as Exhibit 2; 

3. The August 15, 2016 Tweet found online at 

(https://twitter.com/GetScanz/status/765187439715553281), which states: “they decided to be 

unethical and ripoff the people who helped them. Fortunately their amateur technology is crap,” 

a true and correct copy of which is attached hereto as Exhibit 3; 

4. The December 2, 2016 Tweet found online at 

(https://twitter.com/GetScanz/status/804727938335711232), which states: “Come on 

@StocksToTrade stop BS’ing that STT is the brainchild from ur experience as traders. U stole it 

all from @EquityFeed. Thieves #scum,” a true and correct copy of which is attached hereto as 

Exhibit 4; 

5. The January 13, 2017 Tweet found online at 

(https://twitter.com/GetScanz/status/819843429937061888), which states: “@WilliamKaraman 

@StocksToTrade Already in the works” in response to @WilliamKaraman’s Tweet, which 

states, "@EquityFeed When do you plan to sue @StocksToTrade for copying your software?” a 

true and correct copy of which is attached hereto as Exhibit 5; 

6. The January 30, 2017 Tweet found online at 

(https://twitter.com/GetScanz/status/826105405474484225), which states: “@Guruleaks1 

@Guruleaks2 First look at SCANZ....just in case @timothysykes @StocksToTrade aka ‘the 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 2 of 9
- 3 - 

sheisters” copy it and say it’s theirs,” a true and correct copy of which is attached hereto as 

Exhibit 6; 

7. The January 30, 2017 Tweet found online at 

(https://twitter.com/GetScanz/status/826102124727635970), which states: “@InvestorsLive 

@kroyrunner89 @lx21 First look at SCANZ..in case @timothysykes @StocksToTrade aka ‘the 

sheisters” copy it and say it’s theirs,” a true and correct copy of which is attached hereto as 

Exhibit 7; 

8. The January 30, 2017 Tweet found online at 

(https://twitter.com/GetScanz/status/826102937680228352), which states: “@modern_rock 

@ProfitLocker First look at SCANZ..in case @timothysykes @StocksToTrade aka ‘the 

sheisters” copy it and say it’s theirs,” a true and correct copy of which is attached hereto as 

Exhibit 8; 

9. The January 30, 2017 Tweet found online at 

(https://twitter.com/GetScanz/status/826104265903071232), which states: “@WilliamKaraman 

@FREESTOCKPICK First look at SCANZ...in case @timothysykes @StocksToTrade aka ‘the 

sheisters” copy it and say it’s theirs,” a true and correct copy of which is attached hereto as 

Exhibit 9; and 

10. The June 6, 2017 Tweet found online at 

(https://twitter.com/GetScanz/status/872083318149349376), which states: “EquityFeed is the 

original and was also originally designed for low priced stocks when it was called 

MicrocapTrade. Fun history fact :),” a true and correct copy of which is attached hereto as 

Exhibit 10. 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 3 of 9
- 4 - 

ARGUMENT AND CITATION OF AUTHORITIES 

The court may take judicial notice of “a fact that is not subject to reasonable dispute 

because it: (1) is generally known within the trial court’s territorial jurisdiction; or (2) can be 

accurately and readily determined from sources whose accuracy cannot reasonably be 

questioned.” Fed. R. Evid. 201(b). The court “must take judicial notice if a party requests it and 

the court is supplied with the necessary information.” Fed. R. Evid. 201(c). The ten Tweets 

described above that were published by Plaintiff on its official Twitter account, “@GetScanz,” 

are properly subject to judicial notice because they are “generally known within the trial court’s 

territorial jurisdiction” and “can be accurately and readily determined from sources whose 

accuracy cannot reasonably be questioned.” Fed. R. Evid. 201(b)(1), (2). Courts faced with 

similar types of evidence have taken judicial notice of websites when they are publicly available 

and otherwise meet the requirements of Federal Rule of Evidence 201. See, e.g., Multi Time 

Mach., Inc. v. Amazon.com, Inc., 792 F.3d 1070, 1072 n.1 (9th Cir. 2015) (taking judicial notice 

of Amazon’s website and facts contained therein); Reese v. Malone, 747 F.3d 557, 570 n.8 (9th 

Cir. 2014) (taking judicial notice of information posted on website to establish information about 

a party's educational background); Fernandez v. Zoni Language Ctrs., Inc., No. 15-cv-6066, 

2016 U.S. Dist. LEXIS 65310, at *8 (S.D.N.Y. May 18, 2016) (“Courts may also take judicial 

notice of information contained on websites where the authenticity of the site has not been 

questioned”) (internal quotations omitted). 

Further, these ten Tweets are not being attached to assert the truth of the matter of the 

statements, which Defendants wholly dispute. Rather, Defendants request judicial notice to 

demonstrate the existence of Plaintiff’s accusations, from which the Court can easily infer 

Plaintiff’s awareness of the facts giving rise to this lawsuit and its potential claims against 

Defendants at the time of the Tweets. See United States ex rel. Osheroff v. Humana, Inc., 776 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 4 of 9
- 5 - 

F.3d 805, 812 n.4 (11th Cir. 2015) (“And courts may take judicial notice of documents such as 

the newspaper articles at issue here for the limited purpose of determining which statements the 

documents contain (but not for determining the truth of those statements)”); 2Die4Kourt v. 

Hillair Capital Mgmt., LLC, No. 16-01304, 2016 U.S. Dist. LEXIS 118211, at *1 n.1 (C.D. Cal. 

Aug. 23, 2016), aff’d, 692 F. App’x 366 (9th Cir. 2017) (taking judicial notice of “thirty-four 

online news articles and social media posts . . . solely for their existence and content, and not for 

the truth of any statements in the documents”); Staehr v. Hartford Finan. Serv., 547 F.3d 406, 

425 (2d Cir. 2008) (taking judicial notice “to show that certain things were said in the press” and 

not “for the truth of the matter asserted); HB v. Monroe Woodbury Cent. Sch. Dist., No. 11-CV5881, 2012 U.S. Dist. LEXIS 141252, at *14 (S.D.N.Y. Sept. 27, 2012) (‘‘I will take judicial 

notice of the Internet and news articles for the fact of their publication, but not for the truth of the 

statements contained therein’’). 

Because the existence and authenticity of these Tweets are not subject to dispute, and 

because these Tweets are directly relevant to Defendants’ statute of limitations argument, the 

Court should take judicial notice of these ten Tweets. See In re Twitter, Inc. Sec. Litig., No. 16-

cv-05314-JST, 2020 U.S. Dist. LEXIS 86978, at *9 (N.D. Cal. Apr. 17, 2020) (“the Court agrees 

with those courts that have held that ‘judicial notice is proper because the existence of the 

publicly-available articles and tweets cannot reasonably be questioned.’”). 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 5 of 9
- 6 - 

Dated: October 5, 2020. Respectfully submitted, 

SQUIRE PATTON BOGGS (US) LLP 

200 South Biscayne Boulevard, Suite 4700 

Miami, FL 33131 

T.: 305 577 7000 

By: /s/ Raúl B. Mañón 

Raúl B. Mañón (FBN 18847) 

(raul.manon@squirepb.com) 

OF COUNSEL: 

Gabriel Colwell 

(admitted pro hac vice) 

SQUIRE PATTON BOGGS (US) LLP 

555 South Flower Street, 31st Floor 

Los Angeles, CA 90071 

Joseph A. Meckes 

(admitted pro hac vice) 

SQUIRE PATTON BOGGS (US) LLP 

275 Battery Street, Suite 2600 

San Francisco, CA 94111 

Counsel for Defendants StocksToTrade.com, 

Inc., Zachary Westphal, and Timothy Bohen 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 6 of 9
- 7 - 

By: /s/ Justin B. Elegant 

Justin B. Elegant (FBN 0134597) 

Arun G. Ravindran (FBN 66247) 

BERGER SINGERMAN LLP 

1450 Brickell Avenue, Suite 1900 

Miami, FL 33131 

Phone: (305) 755-9500 

jelegant@bergersingerman.com 

aravindran@bergersingerman.com 

OF COUNSEL: 

ALSTON & BIRD LLP 

Brett D. Jaffe (pro hac vice) 

Steven R. Campbell (pro hac vice)

90 Park Avenue 

New York, New York 10016-1387 

Phone: 212-210-9400 

brett.jaffe@alston.com 

steven.campbell@alston.com 

Cassandra K. Johnson (pro hac vice) 

1201 W. Peachtree Street 

Atlanta, Georgia 30309 

Phone: 404-881-7000 

cassie.johnson@alston.com 

Counsel for Defendants Jewmon 

Enterprises, LLC, Timothy Sykes, 

Millionaire Publishing, LLC, Millionaire 

Publishing, LLC and Millionaire Media, 

LLC 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 7 of 9
- 8 - 

DECLARATION OF GABRIEL COLWELL AUTHENTICATING 

EXHIBITS TO REQUEST FOR JUDICIAL NOTICE 

I, Gabriel Colwell, do hereby declare as follows: 

1. I am over 18 years old. I am a partner in the law firm Squire Patton Boggs (US), LLP, 

counsel of record for Defendants StocksToTrade.com, Inc., Zachary Westphal, and 

Timothy Bohen in this action. I have personal knowledge of the facts stated herein, and 

if called and sworn, I could and would testify competently thereto. 

2. On September 26, 2020, I downloaded true and correct copies from Plaintiff Scanz 

Technologies, Inc.’s, fka, EquityFeed Corporation (“Scanz” or “Plaintiff”), official 

Twitter account of the ten Twitter posts attached as Exhibits 1 through 10 to the Joint 

Request for Judicial Notice filed by all the Defendants in this action contemporaneously 

with this Declaration. 

3. I further declare that on October 5, 2020 at 5:00 p.m., ET, I last accessed the hyperlinks 

set forth in paragraphs 1 through 10 of the Request for Judicial Notice. 

I declare under penalty of perjury of the laws of the United States of America that the foregoing 

is true and correct. 

Executed this October 5, 2020 at Los Angeles, California. 

/s/ Gabriel Colwell 

GABRIEL COLWELL 

SQUIRE PATTON BOGGS (US) LLP 

555 South Flower Street, 31st Floor 

Los Angeles, CA 90071 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 8 of 9
- 9 - 

Dated: October 5, 2020. Respectfully submitted, 

SQUIRE PATTON BOGGS (US) LLP 

200 South Biscayne Boulevard, Suite 4700 

Miami, FL 33131 

T.: 305 577 7000 

By: /s/ Raúl B. Mañón 

Raúl B. Mañón (FBN 18847) 

(raul.manon@squirepb.com) 

OF COUNSEL: 

Gabriel Colwell 

(admitted pro hac vice) 

SQUIRE PATTON BOGGS (US) LLP 

555 South Flower Street, 31st Floor 

Los Angeles, CA 90071 

Joseph A. Meckes 

(admitted pro hac vice) 

SQUIRE PATTON BOGGS (US) LLP 

275 Battery Street, Suite 2600 

San Francisco, CA 94111 

Counsel for Defendants StocksToTrade.com, 

Inc., Zachary Westphal, and Timothy Bohen 

CERTIFICATE OF SERVICE 

I hereby certify that on the 5th day of October 2020, I electronically filed this Motion with 

the Clerk of Court using the CM/ECF system. 

/s/ Raúl B. Mañón 

Case 1:20-cv-22957-RNS Document 42 Entered on FLSD Docket 10/05/2020 Page 9 of 9