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Vinesign Document ID: 01C03E71-E0CE-4A03-83ED-A3F629BF4592
DATE FILED: August 29, 2023 2:12 PM
DISTRICT COURT, EL PASO COUNTY, COLORADO FILING ID: AE25D5A21EA26
270 S. Tejon Street, Colorado Springs, CO 80903 CASE NUMBER: 2023CV31638
PYRAMID ENTERTAINMENT, LLC, a Limited Liability
Company and BLAIR KRISTY, an Individual
Plaintiffs,
v.
xxxxx xxxxxx xxxxxxx, an Individual, xxxxxx
xxxxxx xxxxxxxx, an Individual, and xxxx
xxxxxxxxx, an Individual
Defendants. ▲COURT USE ONLY▲
Attorney for Plaintiffs: Case Number:
Samuel J. Scheurich, #46270
THE BURNHAM LAW FIRM, P.C. Division:
12737 E. Euclid Drive
Centennial, CO 80111
Phone: 303.990.5308
Fax: 303.200.7330
sam@burnhamlaw.com
VERIFIED COMPLAINT
Plaintiffs, Pyramid Entertainment, LLC (“Pyramid”) and Blair Kristy (“Ms. Kristy”)
(collectively referred to herein as the “Plaintiffs”), by and through their undersigned counsel,
Samuel J. Scheurich of The Burnham Law Firm, P.C. submit their Complaint (the “Complaint”)
against the Defendants, xxxxxx xxxxxx xxxxxxxx (“Defendant xxxxxxxx”), xxxxx xxxxxx
xxxxxxx (“Defendant xxxxxxx”), and xxxx xxxxxxxxx (“Defendant xxxxxxxxx”) (collectively
referred to herein as the “Defendants”), states as follows:
PARTIES, JURISDICTION, AND VENUE
1. Plaintiff Pyramid Entertainment (“Pyramid”) is a Colorado limited liability
company with a principal office mailing address of 15954 Jackson Creek Parkway, Suite 453,
Monument, CO 80123, County of El Paso, State of Colorado.
2. Plaintiff Blair Kristy is an individual residing in the state of Colorado.
3. Defendant xxxxx xxxxxx xxxxxxx (“Defendant xxxxxxx”) is a resident of the state
of Idaho, City of Eagle, County of Ada, with a last known mailing address of 1716 N. Annadale
Way, Eagle, ID 83616.
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The signed document can be val
idated at https://app.vinesign.com/Verify
4. Defendant xxxx xxxxxxxxx (“Defendant xxxxxxxxx”) is a resident of the state of
Illinois, City of Muncie, County of Delaware, with a last known mailing address of 405 S.
Morrison Road, Apt. 270, Muncie, IL 47304.
5. Defendant xxxxxx xxxxxx xxxxxxxx (“Defendant xxxxxxxx”) is a resident of the
state of Texas, City of Austin, County of Travis, with a last known mailing address of 601 W. St.
Johns Ave., Apt. 1208, Austin, TX 78752.
6. This Court has subject matter jurisdiction because the events complained of
occurred in Colorado and the resolution of this dispute requires the application of Colorado law.
Colo. Const. Art. VI, § 9(1).
7. This Court has personal jurisdiction over the Defendants pursuant to C.R.S. § 13-
1–124(1)(a)–(b).
8. Venue is proper in the District Court in the City and County of El Paso, State of
Colorado pursuant to C.R.C.P. 98(c)(2), (5).
FACTUAL ALLEGATIONS
9. The Defendants are former employees of Pyramid Entertainment (“Pyramid”).
Pyramid is wholly owned by Blair Kristy (“Ms. Kristy”).
10. Defendant xxxxxxxx signed a Confidentiality Agreement on June 2, 2021
(“xxxxxxxx Agreement”), which all employees are required to sign.
11. Defendant xxxxxxx signed a Confidentiality Agreement on October 4, 2021
(“xxxxxxx Agreement”), which all employees are required to sign.
12. Defendant xxxxxxxxx signed a Confidentiality Agreement on May 5, 2021
(“xxxxxxxxx Agreement”), which all employees are required to sign.
13. Collectively, the xxxxxxxx Agreement, xxxxxxx Agreement, and xxxxxxxxx
Agreement will be referred to herein, as necessary as the “Agreements.”
14. All the Defendants’ Confidentiality Agreements contains language pertaining to
the employees’ understanding that, by entering into the Confidentiality Agreement, that they are
obligated to, and Plaintiff’s goal is to “protect its confidential proprietary information and ensure
that all employees agree to maintain the confidentiality of” Pyramid Entertainment information.
Defendant xxxxxxx
15. Defendant xxxxxxx and Ms. Kristy began a romantic relationship in or around
May of 2020 and began living together in Defendant xxxxxxx’s house in or around January of
2021.
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16. In or around September of 2021, Ms. Kristy hired Defendant xxxxxxx to act as a
project manager for Pyramid.
17. In or around December of 2021, Ms. Kristy ended her romantic relationship with
Defendant xxxxxxx, she moved out of his home, and she purchased her own home.
18. In or around August of 2022, Ms. Kristy decided to sell this home and
commission a new build home. As Defendant xxxxxxx and Ms. Kristy were still good friends at
this time, they decided that she could reside with Mr. xxxxxxx.
19. During this time period, Ms. Kristy had just undergone surgery and was actively
taking narcotic painkillers—therefore, her memory was limited from this time period.
20. During this time period, Defendant xxxxxxx told Ms. Kristy that he had taken a
forbearance on his home loan and that if she did not provide him with six-months of mortgage
payments, she was going to be evicted from the house because the bank was going to foreclose
on his home. Ms. Kristy does not remember this episode, but her sister and friend were present
who do—they stymied Defendant xxxxxxx’s efforts to coerce Ms. Kristy at that time.
21. However, after Ms. Kristy had stopped taking these painkillers and had regained
her ability to retain memories, Defendant xxxxxxx stated that she had promised to provide this
money and, feeling obligated based upon the fact that she had no recollection of the promise, did
so.
22. During this time period, Defendant xxxxxxx stopped caring for Ms. Kristy and she
was almost hospitalized because of this.
23. By the mid to end of October, 2022, Ms. Kristy confronted Defendant xxxxxxx,
who eventually agreed to a payment plan to repay her. However, he went so far as to alter the
terms of payment from seven to 10 years.
24. This payment plan was memorialized and executed by Defendant xxxxxxx and
Ms. Kristy.
25. Over the Christmas and New Year’s holidays, Ms. Kristy began seeing a new
person romantically.
26. On or about January 4, 2023, because her new home was not set to close until
January 15, 2023, Ms. Kristy’s belongings were still in Defendant xxxxxxx’s home. She felt
uncomfortable around him at this point, so was living in a rental home. However, On January 4,
Defendant xxxxxxx accessed Ms. Kristy’s computer without permission and read her personal
messages—in doing so he learned that Ms. Kristy was romantically involved with someone else.
27. On or about January 4, 2023, Defendant xxxxxxx contacted Ms. Kristy’s
employee, Alessandra Zagame, and told Ms. Zagame that Ms. Kristy had “cheated on him,”
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despite Defendant xxxxxxx’s and Ms. Kristy’s romantic relationship ending in December of
2021.
28. After Ms. Zagame informed Ms. Kristy of this, Ms. Kristy confronted Defendant
xxxxxxx, who admitted that he had impermissibly accessed her computer.
29. On January 5, 2023, Defendant xxxxxxx reached out to Defendant xxxxxxxx via
text message and stated that Ms. Kristy “screwed [him] over” in reference to Ms. Kristy cheating
on him, despite that their relationship had ended over a year prior. Ms. Kristy was only aware of
these messages because both Defendants had published them in a video created to badmouth Ms.
Kristy.
30. Ms. Kristy is under the information and belief that it was around this time that all
Defendants began creating a plan to effectively ruin Ms. Kristy’s business, reputation, and life.
31. On or around January 6, 2023, Ms. Zagame received a text message from
Defendant xxxxxxx to update her resume because Ms. Kristy’s company—Pyramid—would “not
be around much longer.”
32. In or around the latter part of April of 2023, Defendant xxxxxxx published a series
of Twitter posts falsely claiming that Ms. Kristy had abused him.
33. After Defendant xxxxxxx made these false accusations, Ms. Kristy began
receiving death and rape threats from third parties through twitter, Discord, YouTube comments,
Instagram, and email. Ms. Kristy made her first call to the police in this regard on or around
April 23, 2023.
34. Regarding the false accusations listed above, Ms. Kristy made one public post,
attempting to debunk the misinformation. She has not publicly addressed this situation further,
in an attempt to deescalate it.
35. After this incident, Defendant xxxxxxx contacted another former Pyramid
employee, Phyllis Hamm—who attempted to harass her into disclosing private information about
Ms. Kristy so that Defendant xxxxxxx could exploit it publicly.
36. In June of 2023, Defendants were sent Cease and Desist Letters (“C&Ds”) from
the undersigned law firm.
37. On July 25, 2023, a defamatory video—titled, “The Fall of [sic][Ms. Kristy]:
YouTube’s BIGGEST BULLY…”—was posted about Plaintiffs. This video was published by
Madison Harnish. In that video, Defendants speak publicly about their intent to publish another
defamatory video about Ms. Kristy and Pyramid.
Defendant xxxxxxxx
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38. Prior to Defendant xxxxxxxx’ move to Colorado in or around May of 2021, Ms.
Kristy purchased a car for him, under the assumption that he would repay the loan, prior to her
transferring title to him.
39. In or around the latter part of May 2021, Plaintiffs hired Defendant xxxxxxxx.
However, Defendant xxxxxxxx broke multiple Pyramid policies. Despite performing none of his
job functions, Mr. xxxxxxxx was paid throughout his time at Pyramid.
40. Despite agreeing to make payments on and keep the car in El Paso County,
Colorado, on or about July 2021, Defendant xxxxxxxx left to Austin, TX with the car and never
returned.
41. On or about July 28, 2021, Ms. Kristy flew to Austin, TX to locate her car using
the imbedded Global Position System (“GPS”) application installed in the car. Ms. Kristy
retrieved her car with her spare key.
42. When Ms. Kristy recovered the car, she photographed and video recorded it.
There was extensive damage to the car, including a broken glove box and cracks in the
windshield.
43. On or about July 29, 2021, Defendant xxxxxxxx and Ms. Kristy agreed to meet
with a police escort so that Defendant xxxxxxxx could receive his belongings.
44. On or about July 29, 2021, while waiting for the Austin Police Department to
confirm that it would escort Ms. Kristy, Defendant xxxxxxxx called Ms. Kristy threatening to
shoot her with a gun. Because of Defendant’s actions, Ms. Kristy left the state of Texas.
45. After Ms. Kristy left the state, Defendant xxxxxxxx texted her stating that he
wanted to kill himself. Fearing that he would follow through on this threat, Ms. Kristy contacted
the Austin Police Department to perform a wellness check on Defendant. After the wellness
check, Defendant contacted Ms. Kristy stating that she should not contact him any longer—she
has abided by this request since the date it was made.
46. Approximately one-month after the above occurred, Defendant xxxxxxxx’ father
sent a demand letter seeking personal belongings from the vehicle. In or about August of 2021,
Ms. Kristy filmed the unpacking of the vehicle—Defendant xxxxxxx can be seen and heard in
this video. While unpacking the vehicle, Ms. Kristy found documentation of Mr. xxxxxxxx
intent to permanently relocate to Texas, despite his assertions that he would be moving to
Colorado and working with Pyramid and Ms. Kristy.
47. From that time on, Defendant xxxxxxxx was virtually silent, until Defendant
xxxxxxx contacted xxxxxxxx and they discussed and created a plan to obtain “revenge” on
Plaintiffs.
48. In or around April of 2023, Mr. xxxxxxx created multiple Twitter threads with
Page 5 of 10
many unsubstantiated and false claims, including but not limited to, that Ms. Kristy stole his car,
that Ms. Kristy stole money from employees in the form of wage theft, and more.
49. In or about May of 2023, Defendant xxxxxxxx created a one hour and 20–minute
video with Defendant xxxxxxx where both Defendants make the following claims: that Ms.
Kristy stole Defendant xxxxxxxx’ car; that Ms. Kristy committed wage theft, when in reality
Pyramid simply deducted taxes out of his earnings; and other claims.
50. During the video, both Defendants openly state that they are aware of the non-
disclosure language of their Agreements.
51. After the video was produced, Ms. Kristy sent a cease-and-desist letter to
Defendant xxxxxxxx. He reacted by starting a Go Fund Me page, seeking money to pay for legal
fees. Mr. xxxxxxxx has also obsessively contacted Ms. Kristy as of the present.
Defendant xxxxxxxxx
52. Defendant xxxxxxxxx is a former employee of the Plaintiffs.
53. Mr. xxxxxxxxx is in violation of the xxxxxxxxx Agreement by turning over private
messages between he and Ms. Kristy to a “Youtuber” to exploit in a video made to slander
Plaintiffs.
54. Regarding these messages, Defendant xxxxxxxxx edited selectively picked
messages to create the appearance that Ms. Kristy made statements that she did not. He created a
false narrative.
FIRST CLAIM OF RELIEF
(Breach of Contract—All Defendants)
30. Ms. Kristy and Pyramid hereby incorporate the previous paragraphs by reference
as though each were fully set forth therein.
31. Plaintiffs and Defendants have entered into binding contracts, the xxxxxxx
Agreement, the xxxxxxxx Agreement, and the xxxxxxxxx Agreement.
32. The Agreements contain the following language: “Employee agrees not to use
Confidential Information and/or Proprietary Data for the benefit of any other person, corporation
or entity, other than the Employer, during the term of employee’s employment with Employer, or
any time thereafter.”
33. Upon information and belief, Defendants are in breach of these Agreements by,
not exhaustively, using confidential or proprietary information to defame or otherwise harm
Plaintiffs. Defendants have further established their intent to post additional content which will
harm Plaintiffs in a devastating manner.
Page 6 of 10
34. As a result of Defendants’ breaches, Plaintiffs have incurred damages including,
but not limited to, loss of revenue, future loss of revenue, pain and suffering, and attorneys’ fees.
SECOND CLAIM FOR RELIEF
(Injunctive Relief, Mandatory and Prohibitory Injunctions—Defendants
xxxxxxx and xxxxxxxx)
35. Ms. Kristy and Pyramid hereby incorporate the previous paragraphs by reference
as though each were fully set forth therein.
36. Plaintiffs own and operate a popular YouTube Channel and have the right to do so
without suffering the negative effects of false, misleading, and defamatory statements and
publications related to it.
37. Defendants xxxxxxx and xxxxxxxx, through their published statements, have
taken, and intend to take actions adverse to Plaintiffs’ rights, specifically by publishing a
defamatory video about Plaintiffs.
38. Plaintiffs have demanded that Defendants cease their harmful acts, via written
communication prior to filing of this lawsuit.
39. These Defendants performance and threats to perform these actions are without
foundation or right.
40. These Defendants will result in the immediate and irreparable injury, loss, or
damage to Plaintiffs’ reputation and thereby cause them significant financial injury.
41. Said injuries continue to and will occur before Plaintiffs and their counsel can be
heard in opposition to them.
42. Plaintiffs are without any adequate remedy at law to remediate the harm they will
suffer in the future, absent injunctive relief.
THIRD CLAIM FOR RELIEF
(Defamation)
43. Ms. Kristy and Pyramid hereby incorporate the previous paragraphs by reference
as though each were fully set forth therein.
44. The Defendants published or caused to be published false statements that Ms.
Kristy committed various acts, including abuse to her employees, wage theft, vehicular theft, and
other claims.
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45. These statements were made solely for the purpose of personal retribution, Ms.
Kristy did not engage in these acts and therefore the statements and allegations against her are
false.
46. The Defendants were acting with actual malice when they made these statements,
knowing that they were false or while recklessly disregarding whether they were true or false
when published.
47. The viewers, readers, or listeners of these defamatory statements likely
understood them as true.
48. Given Ms. Kristy’s business, as a professional media personality, as a direct and
proximate result of their defamation of Ms. Kristy, Defendants have caused and will cause
Plaintiffs to incur damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this Court enter judgment in favor of Plaintiffs on
their claims plead herein, including: to enjoin Defendants from further posting any online content
about Defendants pending a hearing on the relief requested; pre- and post-judgment interest;
attorneys’ fees and costs; and any other relief that it deems reasonable and necessary.
DATED August 29, 2023.
THE BURNHAM LAW FIRM, P.C.
By:
/s/ Samuel J. Scheurich (Duly Signed)
Samuel J. Scheurich
Attorney for Plaintiffs
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VERIFICATION
STATE OF COLORADO }
}ss.
El Paso
COUNTY OF _________________ }
Blair Kristy
I, _______________________, hereby certify that the contents of the foregoing are true
and correct to the best of my knowledge and belief.
_________________________________
Blair Kristy, Representative of Pyramid
Entertainment, LLC
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VERIFICATION
STATE OF COLORADO }
}ss.
El Paso
COUNTY OF _________________ }
Blair Kristy
I, _______________________, hereby certify that the contents of the foregoing are true
and correct to the best of my knowledge and belief.
_________________________________
Blair Kristy
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Preview
Vinesign Document ID: 01C03E71-E0CE-4A03-83ED-A3F629BF4592 DATE FILED: August 29, 2023 2:12 PM DISTRICT COURT, EL PASO COUNTY, COLORADO FILING ID: AE25D5A21EA26 270 S. Tejon Street, Colorado Springs, CO 80903 CASE NUMBER: 2023CV31638 PYRAMID ENTERTAINMENT, LLC, a Limited Liability Company and BLAIR KRISTY, an Individual Plaintiffs, v. xxxxx xxxxxx xxxxxxx, an Individual, xxxxxx xxxxxx xxxxxxxx, an Individual, and xxxx xxxxxxxxx, an Individual Defendants. ▲COURT USE ONLY▲ Attorney for Plaintiffs: Case Number: Samuel J. Scheurich, #46270 THE BURNHAM LAW FIRM, P.C. Division: 12737 E. Euclid Drive Centennial, CO 80111 Phone: 303.990.5308 Fax: 303.200.7330 sam@burnhamlaw.com VERIFIED COMPLAINT Plaintiffs, Pyramid Entertainment, LLC (“Pyramid”) and Blair Kristy (“Ms. Kristy”) (collectively referred to herein as the “Plaintiffs”), by and through their undersigned counsel, Samuel J. Scheurich of The Burnham Law Firm, P.C. submit their Complaint (the “Complaint”) against the Defendants, xxxxxx xxxxxx xxxxxxxx (“Defendant xxxxxxxx”), xxxxx xxxxxx xxxxxxx (“Defendant xxxxxxx”), and xxxx xxxxxxxxx (“Defendant xxxxxxxxx”) (collectively referred to herein as the “Defendants”), states as follows: PARTIES, JURISDICTION, AND VENUE 1. Plaintiff Pyramid Entertainment (“Pyramid”) is a Colorado limited liability company with a principal office mailing address of 15954 Jackson Creek Parkway, Suite 453, Monument, CO 80123, County of El Paso, State of Colorado. 2. Plaintiff Blair Kristy is an individual residing in the state of Colorado. 3. Defendant xxxxx xxxxxx xxxxxxx (“Defendant xxxxxxx”) is a resident of the state of Idaho, City of Eagle, County of Ada, with a last known mailing address of 1716 N. Annadale Way, Eagle, ID 83616. Page 1 of 10 The signed document can be val idated at https://app.vinesign.com/Verify 4. Defendant xxxx xxxxxxxxx (“Defendant xxxxxxxxx”) is a resident of the state of Illinois, City of Muncie, County of Delaware, with a last known mailing address of 405 S. Morrison Road, Apt. 270, Muncie, IL 47304. 5. Defendant xxxxxx xxxxxx xxxxxxxx (“Defendant xxxxxxxx”) is a resident of the state of Texas, City of Austin, County of Travis, with a last known mailing address of 601 W. St. Johns Ave., Apt. 1208, Austin, TX 78752. 6. This Court has subject matter jurisdiction because the events complained of occurred in Colorado and the resolution of this dispute requires the application of Colorado law. Colo. Const. Art. VI, § 9(1). 7. This Court has personal jurisdiction over the Defendants pursuant to C.R.S. § 13- 1–124(1)(a)–(b). 8. Venue is proper in the District Court in the City and County of El Paso, State of Colorado pursuant to C.R.C.P. 98(c)(2), (5). FACTUAL ALLEGATIONS 9. The Defendants are former employees of Pyramid Entertainment (“Pyramid”). Pyramid is wholly owned by Blair Kristy (“Ms. Kristy”). 10. Defendant xxxxxxxx signed a Confidentiality Agreement on June 2, 2021 (“xxxxxxxx Agreement”), which all employees are required to sign. 11. Defendant xxxxxxx signed a Confidentiality Agreement on October 4, 2021 (“xxxxxxx Agreement”), which all employees are required to sign. 12. Defendant xxxxxxxxx signed a Confidentiality Agreement on May 5, 2021 (“xxxxxxxxx Agreement”), which all employees are required to sign. 13. Collectively, the xxxxxxxx Agreement, xxxxxxx Agreement, and xxxxxxxxx Agreement will be referred to herein, as necessary as the “Agreements.” 14. All the Defendants’ Confidentiality Agreements contains language pertaining to the employees’ understanding that, by entering into the Confidentiality Agreement, that they are obligated to, and Plaintiff’s goal is to “protect its confidential proprietary information and ensure that all employees agree to maintain the confidentiality of” Pyramid Entertainment information. Defendant xxxxxxx 15. Defendant xxxxxxx and Ms. Kristy began a romantic relationship in or around May of 2020 and began living together in Defendant xxxxxxx’s house in or around January of 2021. Page 2 of 10 16. In or around September of 2021, Ms. Kristy hired Defendant xxxxxxx to act as a project manager for Pyramid. 17. In or around December of 2021, Ms. Kristy ended her romantic relationship with Defendant xxxxxxx, she moved out of his home, and she purchased her own home. 18. In or around August of 2022, Ms. Kristy decided to sell this home and commission a new build home. As Defendant xxxxxxx and Ms. Kristy were still good friends at this time, they decided that she could reside with Mr. xxxxxxx. 19. During this time period, Ms. Kristy had just undergone surgery and was actively taking narcotic painkillers—therefore, her memory was limited from this time period. 20. During this time period, Defendant xxxxxxx told Ms. Kristy that he had taken a forbearance on his home loan and that if she did not provide him with six-months of mortgage payments, she was going to be evicted from the house because the bank was going to foreclose on his home. Ms. Kristy does not remember this episode, but her sister and friend were present who do—they stymied Defendant xxxxxxx’s efforts to coerce Ms. Kristy at that time. 21. However, after Ms. Kristy had stopped taking these painkillers and had regained her ability to retain memories, Defendant xxxxxxx stated that she had promised to provide this money and, feeling obligated based upon the fact that she had no recollection of the promise, did so. 22. During this time period, Defendant xxxxxxx stopped caring for Ms. Kristy and she was almost hospitalized because of this. 23. By the mid to end of October, 2022, Ms. Kristy confronted Defendant xxxxxxx, who eventually agreed to a payment plan to repay her. However, he went so far as to alter the terms of payment from seven to 10 years. 24. This payment plan was memorialized and executed by Defendant xxxxxxx and Ms. Kristy. 25. Over the Christmas and New Year’s holidays, Ms. Kristy began seeing a new person romantically. 26. On or about January 4, 2023, because her new home was not set to close until January 15, 2023, Ms. Kristy’s belongings were still in Defendant xxxxxxx’s home. She felt uncomfortable around him at this point, so was living in a rental home. However, On January 4, Defendant xxxxxxx accessed Ms. Kristy’s computer without permission and read her personal messages—in doing so he learned that Ms. Kristy was romantically involved with someone else. 27. On or about January 4, 2023, Defendant xxxxxxx contacted Ms. Kristy’s employee, Alessandra Zagame, and told Ms. Zagame that Ms. Kristy had “cheated on him,” Page 3 of 10 despite Defendant xxxxxxx’s and Ms. Kristy’s romantic relationship ending in December of 2021. 28. After Ms. Zagame informed Ms. Kristy of this, Ms. Kristy confronted Defendant xxxxxxx, who admitted that he had impermissibly accessed her computer. 29. On January 5, 2023, Defendant xxxxxxx reached out to Defendant xxxxxxxx via text message and stated that Ms. Kristy “screwed [him] over” in reference to Ms. Kristy cheating on him, despite that their relationship had ended over a year prior. Ms. Kristy was only aware of these messages because both Defendants had published them in a video created to badmouth Ms. Kristy. 30. Ms. Kristy is under the information and belief that it was around this time that all Defendants began creating a plan to effectively ruin Ms. Kristy’s business, reputation, and life. 31. On or around January 6, 2023, Ms. Zagame received a text message from Defendant xxxxxxx to update her resume because Ms. Kristy’s company—Pyramid—would “not be around much longer.” 32. In or around the latter part of April of 2023, Defendant xxxxxxx published a series of Twitter posts falsely claiming that Ms. Kristy had abused him. 33. After Defendant xxxxxxx made these false accusations, Ms. Kristy began receiving death and rape threats from third parties through twitter, Discord, YouTube comments, Instagram, and email. Ms. Kristy made her first call to the police in this regard on or around April 23, 2023. 34. Regarding the false accusations listed above, Ms. Kristy made one public post, attempting to debunk the misinformation. She has not publicly addressed this situation further, in an attempt to deescalate it. 35. After this incident, Defendant xxxxxxx contacted another former Pyramid employee, Phyllis Hamm—who attempted to harass her into disclosing private information about Ms. Kristy so that Defendant xxxxxxx could exploit it publicly. 36. In June of 2023, Defendants were sent Cease and Desist Letters (“C&Ds”) from the undersigned law firm. 37. On July 25, 2023, a defamatory video—titled, “The Fall of [sic][Ms. Kristy]: YouTube’s BIGGEST BULLY…”—was posted about Plaintiffs. This video was published by Madison Harnish. In that video, Defendants speak publicly about their intent to publish another defamatory video about Ms. Kristy and Pyramid. Defendant xxxxxxxx Page 4 of 10 38. Prior to Defendant xxxxxxxx’ move to Colorado in or around May of 2021, Ms. Kristy purchased a car for him, under the assumption that he would repay the loan, prior to her transferring title to him. 39. In or around the latter part of May 2021, Plaintiffs hired Defendant xxxxxxxx. However, Defendant xxxxxxxx broke multiple Pyramid policies. Despite performing none of his job functions, Mr. xxxxxxxx was paid throughout his time at Pyramid. 40. Despite agreeing to make payments on and keep the car in El Paso County, Colorado, on or about July 2021, Defendant xxxxxxxx left to Austin, TX with the car and never returned. 41. On or about July 28, 2021, Ms. Kristy flew to Austin, TX to locate her car using the imbedded Global Position System (“GPS”) application installed in the car. Ms. Kristy retrieved her car with her spare key. 42. When Ms. Kristy recovered the car, she photographed and video recorded it. There was extensive damage to the car, including a broken glove box and cracks in the windshield. 43. On or about July 29, 2021, Defendant xxxxxxxx and Ms. Kristy agreed to meet with a police escort so that Defendant xxxxxxxx could receive his belongings. 44. On or about July 29, 2021, while waiting for the Austin Police Department to confirm that it would escort Ms. Kristy, Defendant xxxxxxxx called Ms. Kristy threatening to shoot her with a gun. Because of Defendant’s actions, Ms. Kristy left the state of Texas. 45. After Ms. Kristy left the state, Defendant xxxxxxxx texted her stating that he wanted to kill himself. Fearing that he would follow through on this threat, Ms. Kristy contacted the Austin Police Department to perform a wellness check on Defendant. After the wellness check, Defendant contacted Ms. Kristy stating that she should not contact him any longer—she has abided by this request since the date it was made. 46. Approximately one-month after the above occurred, Defendant xxxxxxxx’ father sent a demand letter seeking personal belongings from the vehicle. In or about August of 2021, Ms. Kristy filmed the unpacking of the vehicle—Defendant xxxxxxx can be seen and heard in this video. While unpacking the vehicle, Ms. Kristy found documentation of Mr. xxxxxxxx intent to permanently relocate to Texas, despite his assertions that he would be moving to Colorado and working with Pyramid and Ms. Kristy. 47. From that time on, Defendant xxxxxxxx was virtually silent, until Defendant xxxxxxx contacted xxxxxxxx and they discussed and created a plan to obtain “revenge” on Plaintiffs. 48. In or around April of 2023, Mr. xxxxxxx created multiple Twitter threads with Page 5 of 10 many unsubstantiated and false claims, including but not limited to, that Ms. Kristy stole his car, that Ms. Kristy stole money from employees in the form of wage theft, and more. 49. In or about May of 2023, Defendant xxxxxxxx created a one hour and 20–minute video with Defendant xxxxxxx where both Defendants make the following claims: that Ms. Kristy stole Defendant xxxxxxxx’ car; that Ms. Kristy committed wage theft, when in reality Pyramid simply deducted taxes out of his earnings; and other claims. 50. During the video, both Defendants openly state that they are aware of the non- disclosure language of their Agreements. 51. After the video was produced, Ms. Kristy sent a cease-and-desist letter to Defendant xxxxxxxx. He reacted by starting a Go Fund Me page, seeking money to pay for legal fees. Mr. xxxxxxxx has also obsessively contacted Ms. Kristy as of the present. Defendant xxxxxxxxx 52. Defendant xxxxxxxxx is a former employee of the Plaintiffs. 53. Mr. xxxxxxxxx is in violation of the xxxxxxxxx Agreement by turning over private messages between he and Ms. Kristy to a “Youtuber” to exploit in a video made to slander Plaintiffs. 54. Regarding these messages, Defendant xxxxxxxxx edited selectively picked messages to create the appearance that Ms. Kristy made statements that she did not. He created a false narrative. FIRST CLAIM OF RELIEF (Breach of Contract—All Defendants) 30. Ms. Kristy and Pyramid hereby incorporate the previous paragraphs by reference as though each were fully set forth therein. 31. Plaintiffs and Defendants have entered into binding contracts, the xxxxxxx Agreement, the xxxxxxxx Agreement, and the xxxxxxxxx Agreement. 32. The Agreements contain the following language: “Employee agrees not to use Confidential Information and/or Proprietary Data for the benefit of any other person, corporation or entity, other than the Employer, during the term of employee’s employment with Employer, or any time thereafter.” 33. Upon information and belief, Defendants are in breach of these Agreements by, not exhaustively, using confidential or proprietary information to defame or otherwise harm Plaintiffs. Defendants have further established their intent to post additional content which will harm Plaintiffs in a devastating manner. Page 6 of 10 34. As a result of Defendants’ breaches, Plaintiffs have incurred damages including, but not limited to, loss of revenue, future loss of revenue, pain and suffering, and attorneys’ fees. SECOND CLAIM FOR RELIEF (Injunctive Relief, Mandatory and Prohibitory Injunctions—Defendants xxxxxxx and xxxxxxxx) 35. Ms. Kristy and Pyramid hereby incorporate the previous paragraphs by reference as though each were fully set forth therein. 36. Plaintiffs own and operate a popular YouTube Channel and have the right to do so without suffering the negative effects of false, misleading, and defamatory statements and publications related to it. 37. Defendants xxxxxxx and xxxxxxxx, through their published statements, have taken, and intend to take actions adverse to Plaintiffs’ rights, specifically by publishing a defamatory video about Plaintiffs. 38. Plaintiffs have demanded that Defendants cease their harmful acts, via written communication prior to filing of this lawsuit. 39. These Defendants performance and threats to perform these actions are without foundation or right. 40. These Defendants will result in the immediate and irreparable injury, loss, or damage to Plaintiffs’ reputation and thereby cause them significant financial injury. 41. Said injuries continue to and will occur before Plaintiffs and their counsel can be heard in opposition to them. 42. Plaintiffs are without any adequate remedy at law to remediate the harm they will suffer in the future, absent injunctive relief. THIRD CLAIM FOR RELIEF (Defamation) 43. Ms. Kristy and Pyramid hereby incorporate the previous paragraphs by reference as though each were fully set forth therein. 44. The Defendants published or caused to be published false statements that Ms. Kristy committed various acts, including abuse to her employees, wage theft, vehicular theft, and other claims. Page 7 of 10 45. These statements were made solely for the purpose of personal retribution, Ms. Kristy did not engage in these acts and therefore the statements and allegations against her are false. 46. The Defendants were acting with actual malice when they made these statements, knowing that they were false or while recklessly disregarding whether they were true or false when published. 47. The viewers, readers, or listeners of these defamatory statements likely understood them as true. 48. Given Ms. Kristy’s business, as a professional media personality, as a direct and proximate result of their defamation of Ms. Kristy, Defendants have caused and will cause Plaintiffs to incur damages. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Court enter judgment in favor of Plaintiffs on their claims plead herein, including: to enjoin Defendants from further posting any online content about Defendants pending a hearing on the relief requested; pre- and post-judgment interest; attorneys’ fees and costs; and any other relief that it deems reasonable and necessary. DATED August 29, 2023. THE BURNHAM LAW FIRM, P.C. By: /s/ Samuel J. Scheurich (Duly Signed) Samuel J. Scheurich Attorney for Plaintiffs Page 8 of 10 VERIFICATION STATE OF COLORADO } }ss. El Paso COUNTY OF _________________ } Blair Kristy I, _______________________, hereby certify that the contents of the foregoing are true and correct to the best of my knowledge and belief. _________________________________ Blair Kristy, Representative of Pyramid Entertainment, LLC Page 9 of 10 VERIFICATION STATE OF COLORADO } }ss. El Paso COUNTY OF _________________ } Blair Kristy I, _______________________, hereby certify that the contents of the foregoing are true and correct to the best of my knowledge and belief. _________________________________ Blair Kristy Page 10 of 10