EXHIBIT A 

Declaration of Monty G. Myers 

*** Redactions Included ***

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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA 

SCANZ TECHNOLOGIES, INC. fka § 

EQUITYFEED CORPORATION, § 

a Canadian (Quebec) Corporation, § 

 § 

Plaintiff, § 

 § 

v. § Case No. 20-cv-22957 (RNS/EGT) 

 § 

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. § 

DECLARATION OF MONTY G. MYERS 

1. I, Monty G. Myers, declare as follows: 

2. My name is Monty G. Myers. My date of birth is September 11, 1963 and my 

address is 3305 Northland Drive, Suite 305, Austin, Texas 78731. I declare under penalty of 

perjury that the following is true and correct. 

3. I am Founder and CEO of Eureka Software Solutions, Inc. (“Eureka Software”), a 

custom software/product development and IT services company based in Austin, Texas. For the 

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last 35+ years as the CEO of Eureka Software, I have been involved in most aspects of daily 

management, operational, and technical tasks at Eureka Software, including business 

development, contracts, customer relations, project/product planning, project execution, oversight, 

and more. I have negotiated and performed under hundreds of software and technology contracts 

and statements of work involving complex software projects and licensing terms and have been 

actively engaged in protecting confidential technology of Eureka Software and its clients. 

4. During my time at Eureka Software, the company and I personally have worked on 

and had access to and been responsible for creating and working with sensitive and often complex, 

software, source code, and other materials for hundreds of clients, including American Airlines, 

Apple, AT&T, AMD, IBM, Chevron, Ford, Motorola, Progressive Insurance, Samsung, Siemens, 

Xerox, and many more. 

5. In addition to my on-going industry experience, I have served as an expert 

consultant/witness in over one hundred twenty (120) litigation matters over the past thirteen years 

in both state and federal court. I have also served as a Special Master/Neutral in several matters 

including for the World Bank/ICSID. A significant number of these cases involved 

software/product and technology related copyrights, trade secrets and patents, many of which 

required expert review and analysis of one or both party’s software/products, source code, and 

other similar materials. The parties in these cases ranged from sophisticated startups, to large, 

well-known multinational, public companies, to sovereign governments and government agencies. 

6. My expert bio is attached hereto as Exhibit A and reflects the expert witness 

engagements in which I have been involved. Based on this extensive background, I believe I am 

one of the leading experts in the US in technology related trade secret matters. My testimony in 

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this declaration is based on my decades of experience described herein and in my bio at Exhibit 

A.

7. I was engaged by counsel for Plaintiff to provide independent expert consulting and 

analysis in their dispute with Defendants. 

8. I have reached no opinions whatsoever relative to Plaintiff's claims of alleged trade 

secret misappropriation by Defendants as I have just recently been engaged by counsel for 

Plaintiff. 

9. I have generally reviewed Plaintiff's 532 trade secret identifications set forth in 

Plaintiff’s Amended and Restated Responses to Defendants’ First Set of Interrogatory Responses. 

I have also generally reviewed Plaintiff's produced source and object code and related flow chart 

information that I understand have all been delivered to Defendants already. 

10. It is my understanding that Defendant's made extensive use of Plaintiff's software 

while licensing it from early 2013 to early 2015, and offering such software as its own under a 

“white label” arrangement. This history is evidenced on the historical versions of the 

www.stockstotrade.com website from www.archive.org1 between December 2014 and May 2015.2

1 www.archive.org, otherwise known as the Internet Archive/Wayback Machine crawls and records the historical 

content of billions of different webpages on the internet and saves them in a chronological order that, depending on 

the security choices of such webpages, can be retrieved and viewed in their historical form. The Wayback Machine 

is a common tool used in my field to investigate how a website has changed over time. The Wayback Machine may 

also be used to retrieve archived versions of a webpage after is has been removed.

2

 It is my understanding that the EquityFeed.com website cited in the www.stockstotrade.com webpage found on

www.archive.org is a predecessor to the Scanz.com webpage and that when it states that the StocksToTrade 

software is powered and delivered by EquityFeed.com, it is actually referring to what is now known as the Scanz 

software.

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11. Such background is further acknowledged by one of the claimed developers of

Defendants’ software in the book “The Complete Penny Stock Course” (by Jamil Ben Alluch , Lisa 

VanDyke Brown, et al., Apr 9, 2018) which states that Defendant Timothy Sykes’ StocksToTrade 

(STT) software “was originally released as a rebranded version of a different trading software.” 

(Chapter 1.9 – StocksToTrade, The Ultimate Trading Tool) 

12. It is also my understanding that Defendants have now developed an allegedly

directly competing product operating in the same space as Plaintiff’s product and providing the 

same features and functions. This understanding is further supported by the historical content 

provided in the published book discussed above. As such, the subject matter and terminology of 

the identified trade secrets should be readily consumable by Defendants. 

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13. It is also my understanding that Defendants have not produced any material 

technical information related to their allegedly competing product and have unilaterally refused to 

participate in virtually any discovery in this case. 

14. Based upon my experience as a leading expert serving in this type of litigation 

(having worked on over 80 trade secret related matters for both Plaintiffs and Defendants), the 

trade secret identification information provided by Plaintiffs early in the discovery phase of this 

matter is materially more detailed and extensive than what I typically see in similar matters, 

particularly given the early stage of the litigation and Defendant’s refusal to produce information 

or even participate in discovery. 

15. For example, Plaintiff's trade secret 181 (of the 532 identified) is identified as 

follows: 

 

16. This single trade secret identification contains six (6) distinct levels/elements that 

serve to identify the particularity of the claimed secret. These levels/elements are: 

•

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17. Providing the trade secret identification at the sub-component, of a sub-component, 

of a component, of a section of a module level of the software in question goes beyond the typical 

level of detail and information that I have observed in similar cases in which I have been involved 

and offers a person of skill in the field of software development and forensics the ability to focus 

and scope their analysis and review of the trade secrets as well as the software and systems accused 

of misappropriating such trade secrets. 

I declare under penalty of perjury that the foregoing is true and correct. 

Executed on this 6th day of April 2021, in Austin, Texas. 

 

By: 

 Monty G. Myers 

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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Exhibit A

Bio of Monty G. Myers

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