Evidence Record
IP HII EDVA 00483 Doc. 0197 Exhibit 11
1. I am the attorney for the Plaintiff in the above-entitled action and I am familiar with the file, records and pleadings in this matter.
DISTIL analysis
DISTIL Run
Profile
Standard
Version
1
Doc Type
affidavit
Total Nodes
20
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
affidavit plaintiff_counsel federal_civil_litigation 2025-03-12 to 2025-04-29
default_motionservice_verifiedtime_compliance
Analytical Frame
procedural_default
Analytical Summary
This affidavit, executed by plaintiff's counsel Mark H. Kane on April 29, 2025, supports a motion for entry of default in a Colorado federal district court case. The document establishes that defendant Cyberlux Corporation was properly served on March 14, 2025, following complaint filing on March 12, 2025, and failed to respond by the April 4, 2025 deadline. The affidavit provides sworn testimony of procedural compliance and defendant's non-response, supporting plaintiff Thin Air Gear, LLC's request for clerk's entry of default. This represents a critical procedural milestone enabling the plaintiff to potentially obtain default judgment without contested litigation.
Key Points
- Defendant Cyberlux Corporation was served with summons and complaint on March 14, 2025
- Answer was due April 4, 2025, but defendant failed to appear or respond
- Plaintiff Thin Air Gear, LLC seeks clerk's entry of default against defendant
- Affidavit sworn by plaintiff's attorney Mark H. Kane on April 29, 2025
- Case filed in U.S. District Court for District of Colorado under case number 1:25-cv-00805-GPG-MDB
Stage 2
Core — Entities, Events, Claims
11 nodes
ENT-001
Entity
Thin Air Gear, LLC
Thin Air Gear, LLC, the plaintiff in Civil Action No. 1:25-cv-00805-GPG-MDB filed in the U.S. District Court for the District of Colorado.
Page 1 — THIN AIR GEAR, LLC, Plaintiff
ENT-002
Entity
Cyberlux Corporation
Cyberlux Corporation, doing business as Catalyst Machineworks, LLC, defendant in the case who allegedly failed to respond to the complaint.
Page 1 — CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC, Defendant
ENT-003
Entity
Mark H. Kane
Mark H. Kane, attorney for plaintiff Thin Air Gear, LLC, who executed the affidavit in support of entry of default.
Page 1 — I, Mark H. Kane, being duly sworn, state as follows: I am the attorney for the Plaintiff in the above-entitled action
ENT-004
Entity
U.S. District Court for the District of Colorado
The federal district court with jurisdiction over Civil Action No. 1:25-cv-00805-GPG-MDB.
Page 1 — IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
EVT-001
Event
Filing of summons and complaint
The summons and complaint were filed with the court on March 12, 2025, initiating the litigation.
Page 1 — The summons and complaint were filed on March 12, 2025.
EVT-002
Event
Service on defendant
Defendant Cyberlux Corporation was served with a copy of the summons and complaint on March 14, 2025.
Page 1 — Defendant was served with a copy of the summons and complaint on March 14, 2025.
EVT-003
Event
Answer deadline passed
The deadline for defendant to file an answer to the complaint was April 4, 2025, but no answer was filed.
Page 1 — An answer to the complaint was due on April 4, 2025.
EVT-004
Event
Execution of affidavit
Mark H. Kane executed the affidavit in support of entry of default on April 29, 2025, sworn before notary Amy K. Roehl.
Page 1 — Sworn to and subscribed before me this 29th day of April, 2025. Mark H. Kane
CLM-001
Claim
Defendant failed to respond
Plaintiff's counsel asserts that defendant has failed to appear, plead, or otherwise defend within the time allowed and is therefore in default.
Page 1 — Defendant has failed to appear, plead or otherwise defend within the time allowed and, therefore, is now in default.
CLM-002
Claim
Request for entry of default
Plaintiff requests the Clerk of Court to enter default against the defendant based on the defendant's failure to respond.
Page 1 — Plaintiff requests the Clerk of Court enter default against Defendant.
CLM-003
Claim
Attorney familiarity with case
Mark H. Kane asserts he is the attorney for plaintiff and is familiar with the file, records, and pleadings in the matter.
Page 1 — I am the attorney for the Plaintiff in the above-entitled action and I am familiar with the file, records and pleadings in this matter.
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
4 nodes
QST-001
Question
Nature of underlying dispute
What is the substantive legal dispute between Thin Air Gear, LLC and Cyberlux Corporation that forms the basis of this lawsuit?
Page 1 — THIN AIR GEAR, LLC, Plaintiff, V. CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC, Defendant.
QST-002
Question
Method of service verification
How was service on the defendant accomplished and verified, and was proper service contested by any party?
Page 1 — Defendant was served with a copy of the summons and complaint on March 14, 2025.
QST-003
Question
Relationship between case numbers
What is the relationship between Colorado case 1:25-cv-00805 and Virginia Eastern District case 3:25-cv-00483, and why is this affidavit filed as an exhibit in both matters?
Page 1 — Case No. 1:25-cv-00805-GPG-MDB . Document 18-1 filed 05/16/25 USDC Colorado Case 3:25-cv-00483-JAG Document 197-11 Filed 04/22/26
TEN-001
Tension
Temporal anomaly in filing dates
The document header shows Virginia filing date of 04/22/26 (April 2026) while the affidavit is dated April 29, 2025, and Colorado filing shows 05/16/25 (May 2025), creating temporal inconsistency.
Page 1 — Case 3:25-cv-00483-JAG Document 197-11 Filed 04/22/26 Page 1 of 1 PageID# 4351 ... Sworn to and subscribed before me this 29th day of April, 2025.
Stage 4
Interpretive — Inferences, Omissions, Patterns
5 nodes
INF-001
Inference
Procedural timeline compliance
The timeline from service (March 14) to answer deadline (April 4) represents 21 days, consistent with Federal Rule of Civil Procedure 12(a)(1)(A)(i) requiring answer within 21 days of service.
Page 1 — Defendant was served with a copy of the summons and complaint on March 14, 2025. An answer to the complaint was due on April 4, 2025.
INF-002
Inference
Strategic timing of affidavit
The affidavit was executed 25 days after the answer deadline passed, suggesting plaintiff's counsel allowed reasonable additional time beyond the deadline before seeking default.
Page 1 — An answer to the complaint was due on April 4, 2025. Sworn to and subscribed before me this 29th day of April, 2025.
INF-003
Inference
Cross-district reference implication
The document header references both a Colorado case (1:25-cv-00805) and a Virginia Eastern District case (3:25-cv-00483), suggesting this affidavit may be an exhibit in related litigation or consolidated proceedings.
Page 1 — Case No. 1:25-cv-00805-GPG-MDB . Document 18-1 filed 05/16/25 USDC Colorado Case 3:25-cv-00483-JAG Document 197-11 Filed 04/22/26 Page 1 of 1 PageID# 4351
OMI-001
Omission
No explanation for defendant's non-response
The affidavit provides no information about attempts to contact the defendant, reasons for non-response, or whether defendant received actual notice of the lawsuit.
Page 1 — Defendant has failed to appear, plead or otherwise defend within the time allowed and, therefore, is now in default.
OMI-002
Omission
No damages or relief specification
The affidavit does not specify the damages sought, the nature of claims asserted, or the relief requested beyond procedural default entry.
Page 1 — Plaintiff requests the Clerk of Court enter default against Defendant.
Extracted text
1 pages · 1304 charactersFiling Header
Case No. 1:25-cv-00805-GPG-MDB . Document 18-1 filed 05/16/25 USDC Colorado Case 3:25-cv-00483-JAG
Document 197-11 Filed 04/22/26 Page 1 of 1 PageID# 4351
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
tabbies*
EXHIBIT A-10
Civil Action No: 1:25-cv-00805-GPG-MDB THIN AIR GEAR, LLC,
Plaintiff,
V. CYBERLUX CORPORATION d/b/a CATALYST MACHINEWORKS, LLC,
Defendant.
AFFIDAVIT IN SUPPORT OF ENTRY OF DEFAULT
I, Mark H. Kane, being duly sworn, state as follows:
1.
I am the attorney for the Plaintiff in the above-entitled action and I am familiar with the file, records and pleadings in this matter.
2.
The summons and complaint were filed on March 12, 2025.
3.
Defendant was served with a copy of the summons and complaint on March 14, 2025.
4.
An answer to the complaint was due on April 4, 2025.
5.
Defendant has failed to appear, plead or otherwise defend within the time allowed and, therefore, is now in default.
6.
Plaintiff requests the Clerk of Court enter default against Defendant.
Sworn to and subscribed before me this 29" day of April, 2025.
Mark 1 Kg Mark H. Kane Attorney for Plaintiff Thin Air Gear, LLC
an Klacht
Notary Public
My Commission Expires: 10-31-2026
AMY K. ROEHL Notary Public State of Colorado Notary ID # 20064044642 My Commission Expires 10-31-2026
Original source file
No source file is attached yet. The record is ready for the PDF/media link when the attachment importer is connected.
- File
- ip-hii-edva-00483-doc-0197-exhibit-11.pdf
- Source UID
- source:2e5b5a73ace1e6955da43366568c154adbf3b784b88fd9d396fe9c8cf7a0af39
- Full SHA-256
- 2e5b5a73ace1e6955da43366568c154adbf3b784b88fd9d396fe9c8cf7a0af39