Trujillo et al v. Moore Brothers, Inc. et al
Plaintiff: Elizabeth Trujillo and Harold Ramirez
Defendant: Moore Brothers, Inc., Falcon Express, LLC and George A. Myers
Case Number: 1:2023cv00802
Filed: March 30, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Susan Prose
Referring Judge: Scott T Varholak
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Auto Negligence
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2023 Opinion or Order Filing 31 MINUTE ORDER by Magistrate Judge Susan Prose on 05/19/2023, Granting #30 , Unopposed Motion to Reset the June 1, 2023 Scheduling Conference. The scheduling conference currently set for June 1, 2023, at 10:00 am is VACATED and RESET to June 6, 2023, at 1:30 pm in Courtroom C205, Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado before Magistrate Judge Susan Prose. Proposed Scheduling Order due for filing and emailing (in Word) to prose_chambers@cod.uscourts.gov by May 30, 2023.(alave, )
May 18, 2023 Opinion or Order Filing 30 Unopposed MOTION to Reset the June 1, 2023 Scheduling Conference by Plaintiffs Harold Ramirez, Elizabeth Trujillo. (Bonavita, Carlo)
May 16, 2023 Opinion or Order Filing 29 NOTICE: Except to the extent Magistrate Judge Susan Prose has already vacated or reset a conference or hearing in this case, all conferences and hearings scheduled in this matter before its reassignment to Magistrate Judge Susan Prose remain scheduled at the dates and times set, and will be held in person in Courtroom C-205 (Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado) before Magistrate Judge Susan Prose unless previously expressly set by telephone or video. To attend telephone conferences, the parties shall call 571-353-2301, Meeting ID- 868150043 at the scheduled time. All attendees shall please mute their phone when not speaking and not use a speaker phone. To attend video conferences, the parties shall follow the instructions attached to this Notice. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at conferences and hearings by telephone. Please contact Chambers at (303) 335-2722 at least two business days prior to the conference or hearing to arrange appearance by telephone. (cpomm, )
May 11, 2023 Opinion or Order Filing 28 MOTION to Dismiss Count III and Court IV of Plaintiffs' Amended Complaint by Defendants Falcon Express, LLC, Moore Brothers, Inc.. (Kennedy, Brian)
May 11, 2023 Opinion or Order Filing 27 ANSWER to #22 Amended Complaint by George A. Myers.(Kennedy, Brian)
May 8, 2023 Opinion or Order Filing 26 MINUTE ORDER by Magistrate Judge Susan Prose on May 8, 2023. Due to a conflict on the Court's calendar the Scheduling Conference is reset for 6/1/2023 10:00 AM in Courtroom C205 before Magistrate Judge Susan Prose. All other deadlines will remain as set. Text Only Entry (cpomm, ) Modified on 5/8/2023 to correct hearing time. (cpomm, ).
May 2, 2023 Opinion or Order Filing 25 CONSENT to Jurisdiction of Magistrate Judge by Defendants Falcon Express, LLC, Moore Brothers, Inc., George A. Myers All parties do not consent.. (Kennedy, Brian)
May 2, 2023 Opinion or Order Filing 24 REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the beginning of the civil action number (such as 23-cv-00802-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (agarc, )
April 27, 2023 Opinion or Order Filing 23 NOTICE of Filing Amended Pleading re #22 Amended Complaint by Plaintiffs Harold Ramirez, Elizabeth Trujillo (Attachments: #1 Exhibit Exhibit 1 - Redlined Amended Complaint)(Bonavita, Carlo)
April 27, 2023 Opinion or Order Filing 22 AMENDED COMPLAINT for Plaintiffs against All Defendants, filed by Elizabeth Trujillo, Harold Ramirez.(Bonavita, Carlo)
April 11, 2023 Opinion or Order Filing 21 MINUTE ORDER The Court finds Defendants' #20 Response to Amended Order to Show Cause sufficient at this stage of the proceedings to satisfy the Court of its subject matter jurisdiction over this lawsuit. Accordingly, #15 Amended Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/11/23. Text Only Entry (stvlc3, Andrew)
April 11, 2023 Opinion or Order Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re #15 by Defendants Falcon Express, LLC, Moore Brothers, Inc.. (Kennedy, Brian)
April 11, 2023 Opinion or Order Filing 19 ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 04/11/2023. Consent Form due by 5/16/2023. Proposed Scheduling Order due 5/23/2023. Scheduling Conference set for 5/30/2023 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (alave, )
April 11, 2023 Opinion or Order Filing 18 CORPORATE DISCLOSURE STATEMENT. (Kennedy, Brian)
April 11, 2023 Opinion or Order Filing 17 NOTICE of Entry of Appearance of Peter M. Anderson by Peter Michael Anderson on behalf of All Plaintiffs Attorney Peter Michael Anderson added to party Harold Ramirez(pty:pla), Attorney Peter Michael Anderson added to party Elizabeth Trujillo(pty:pla) (Anderson, Peter)
April 10, 2023 Opinion or Order Filing 16 NOTICE of Entry of Appearance for Plaintiffs by Carlo Francisco Bonavita on behalf of All Plaintiffs Attorney Carlo Francisco Bonavita added to party Harold Ramirez(pty:pla), Attorney Carlo Francisco Bonavita added to party Elizabeth Trujillo(pty:pla) (Bonavita, Carlo)
April 7, 2023 Opinion or Order Filing 15 AMENDED ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 7 April 2023. Accordingly, it is ORDERED that, on or before April 21, 2023, Defendants shall show cause, if any there be, in writing, why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (cmadr, )
April 7, 2023 Opinion or Order Filing 14 ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 7 April 2023. Accordingly, it is ORDERED that, on or before April 21, 2023, Plaintiff shall show cause, if any there be, in writing, why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (cmadr, )
April 6, 2023 Opinion or Order Filing 13 ANSWER to #4 Complaint by George A. Myers.(Kennedy, Brian)
April 6, 2023 Opinion or Order Filing 12 CORPORATE DISCLOSURE STATEMENT. (Kennedy, Brian)
April 6, 2023 Opinion or Order Filing 11 CORPORATE DISCLOSURE STATEMENT. (Kennedy, Brian)
April 6, 2023 Opinion or Order Filing 10 MOTION to Dismiss Count III and Count V [sic.] of Plaintiff's Complaint [doc. 4] by Defendants Falcon Express, LLC, Moore Brothers, Inc.. (Kennedy, Brian)
March 31, 2023 Opinion or Order Filing 9 ORDER TO FILE DISCLOSURE STATEMENT by Magistrate Judge Scott T. Varholak on 31 March 2023. Accordingly, it is ORDERED that, on or before April 21, 2023, Defendants shall submit a disclosure statement that both identifies any parent corporation and any publicly held corporation owning 10% or more of the stock of any corporate party or states that there is no such corporation as required by Fed. R. Civ. P. 7.1(a)(1); and names and identifies the citizenship of every individual or entity whose citizenship is attributed to Defendants, with sufficient factual allegations to allow the Court to satisfy itself as to its own jurisdiction, as required by Fed. R. Civ. P. 7.1(a)(2). (cmadr, )
March 30, 2023 Opinion or Order Filing 8 NOTICE of Entry of Appearance by Paul Trafton Yarbrough on behalf of All Defendants Attorney Paul Trafton Yarbrough added to party Falcon Express, LLC(pty:dft), Attorney Paul Trafton Yarbrough added to party Moore Brothers, Inc. (pty:dft), Attorney Paul Trafton Yarbrough added to party George A. Myers(pty:dft) (Yarbrough, Paul)
March 30, 2023 Opinion or Order Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (tgall, )
March 30, 2023 Opinion or Order Filing 6 RETURN of Service of Summons and Complaint upon George A. Myers on 03/14/2023. (tgall, )
March 30, 2023 Opinion or Order Filing 5 RETURN of Service of Complaint upon Moore Brothers, Inc., Falcon Express, LLC on 03/03/2023. (tgall, ) Modified to corrected docket text on 3/30/2023.
March 30, 2023 Opinion or Order Filing 4 PLAINTIFF'S COMPLAINT AND JURY DEMAND against Falcon Express, LLC, Moore Brothers, Inc., George A. Myers, filed by Elizabeth Trujillo, Harold Ramirez.(tgall, )
March 30, 2023 Opinion or Order Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, )
March 30, 2023 Opinion or Order Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry). (tgall, )
March 30, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Falcon Express, LLC, a Nebraska limited liability company, Moore Brothers, Inc., a Nebraska corporation, George A. Myers from Boulder County District Court, Case Number 2023cv30018. (Filing fee $ 402, Receipt Number ACODC-9019569), filed by Falcon Express, LLC, a Nebraska limited liability company, Moore Brothers, Inc., a Nebraska corporation, George A. Myers. (Attachments: #1 Exhibit A - Civil Case Cover Sheet, #2 Exhibit B - Plaintiff's Complaint, #3 Exhibit C - Return of Service on Defendant Moore Brothers, Inc., #4 Exhibit D - Return of Service on Defendants Myers and Falcon Express, LLC, #5 Exhibit E - Summons Moore Brothers, Inc., #6 Exhibit F - Summons George A. Myers, #7 Exhibit G - Summons Falcon Express, LLC, #8 Exhibit H - Plaintiffs' Motion for Extension of Time to Serve Defendants, #9 Exhibit I - Order Granting Plaintiffs' Motion for Extension of Time)(Kennedy, Brian)

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Plaintiff: Elizabeth Trujillo
Represented By: Carlo Francisco Bonavita
Represented By: Peter Michael Anderson
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Plaintiff: Harold Ramirez
Represented By: Carlo Francisco Bonavita
Represented By: Peter Michael Anderson
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Defendant: Moore Brothers, Inc.
Represented By: Paul Trafton Yarbrough
Represented By: Brian D. Kennedy
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Defendant: Falcon Express, LLC
Represented By: Paul Trafton Yarbrough
Represented By: Brian D. Kennedy
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Defendant: George A. Myers
Represented By: Paul Trafton Yarbrough
Represented By: Brian D. Kennedy
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