Kearns et al v. Oliver et al
| Austin Kearns and Travis Kearns |
| Scott Oliver, Scott Oliver Law LLC, Handy Hioe, Vincent Wong, Jay Park and Fuji Makasura |
| 1:2025cv04095 |
| December 19, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| S Kato Crews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
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This docket was last retrieved on April 10, 2026. A more recent docket listing may be available from PACER.
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Filing 38
AMENDED SCHEDULING ORDER Entered by Magistrate Judge Cyrus Y. Chung on 04/10/2026. (agryan)
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Filing 37
MINUTE ORDER: Before the Court is the plaintiffs' Unopposed Motion to Amend Scheduling Order. ECF No. #35 . The motion, ECF No. #35 , is GRANTED. The Clerk's Office will separately issue the scheduling order. Entered by Magistrate Judge Cyrus Y. Chung on 04/10/2026. Text Only Entry.(agryan)
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Filing 36
MEMORANDUM regarding #35 MOTION to Amend/Correct/Modify #28 Scheduling Order filed by Austin Kearns, Travis Kearns. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 4/9/2026. Text Only Entry (skcja, )
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| Filing 35 MOTION to Amend/Correct/Modify #28 Scheduling Order by Plaintiffs Austin Kearns, Travis Kearns. (Attachments: #1 Proposed Order (PDF Only))(Moriarty, Colin) |
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Filing 34
Minute Order: In light of the plaintiffs' reply to the notice of noncompliance, ECF No. 33, the Court vacates the status conference set for April 2, 2026. The parties are ordered to file a motion to amend the scheduling order, which incorporates these proposed stipulated facts, on or before April 9, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 4/1/2026. Text Only Entry (cyclc2, )
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| Filing 33 REPLY to #31 Response to Notice of Compliance by Plaintiffs Austin Kearns, Travis Kearns. (Attachments: #1 Exhibit Exhibit 1 - E-mail Chain)(Moriarty, Colin) |
| Filing 32 NOTICE of Entry of Appearance by Richard Andrew Lane, III on behalf of Scott Oliver, Scott Oliver Law LLCAttorney Richard Andrew Lane, III added to party Scott Oliver(pty:dft), Attorney Richard Andrew Lane, III added to party Scott Oliver Law LLC(pty:dft) (Lane, Richard) |
| Filing 31 RESPONSE to #29 Notice (Other), by Defendants Scott Oliver, Scott Oliver Law LLC. (Nyamaa, Bolor) |
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Filing 30
MINUTE ORDER: The Court ordered the parties "to confer this week on stipulations of undisputed facts" and to "file a Motion to Amend the Scheduling order to include the agreed upon undisputed facts on or before March 23, 2026." ECF No. #27 at 1. The plaintiffs then filed a notice, alerting the Court the defendants' counsel has refused to agree to any stipulated facts. ECF No. #29 . To date, the parties have not complied with this Court's order. As such, the Court sets a status conference for April 2, 2026 at 9:15 a.m. No remote appearances will be permitted. The Court may vacate the status conference if the parties comply with the Court's order before April 2, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 03/26/2026. Text Only Entry. (agryan)
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| Filing 29 NOTICE re #27 Order on Motion for Discovery,, Scheduling Conference, by Plaintiffs Austin Kearns, Travis Kearns (Attachments: #1 Exhibit Exhibit 1 - E-mail from Mr. Moriarty, Mar. 20, 2026, #2 Exhibit Exhibit 2 - Proposed Stipulated Facts, #3 Exhibit Exhibit 3 - Email thread)(Moriarty, Colin) |
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Filing 28
SCHEDULING ORDER by Magistrate Judge Cyrus Y. Chung on 3/17/2026. Discovery is due by 3/15/2027. (spric)
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| Filing 27 MINUTE ENTRY for Scheduling Conference held on 3/17/2026 before Magistrate Judge Cyrus Y. Chung. Plaintiffs' Motion for Expedited Discovery and To Extend Deadline To Serve, ECF No. #21 , is GRANTED in part and DENIED in part. FTR: C201. (spric) |
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Filing 26
MINUTE ORDER: The Parties are advised that the courtroom and chambers of Magistrate Judge Cyrus Y. Chung will be relocated to Courtroom C-201 on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado effective March 9, 2026. Any parties appearing in-person after this date should make note of the Court's new location. Remote appearance information, including teleconference lines or videoconference links, remain unchanged. The dates and times of all settings remain unchanged, unless otherwise ordered. Entered by Magistrate Judge Cyrus Y. Chung on 3/12/2026. Text Only Entry (spric)
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| Filing 25 Proposed Scheduling Order by Plaintiffs Austin Kearns, Travis Kearns. (Moriarty, Colin) |
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Filing 24
MINUTE ORDER: Defendants Scott Oliver and Scott Oliver Law, LLC, filed an Unopposed Motion to Continue the Scheduling Conference, ECF No. #17 . Shortly thereafter, the plaintiffs filed a response, asserting that they did partially oppose the motion, but only to the extent that the Court would reschedule the Scheduling Conference past March 2026. ECF No. #20 . By that time, however, defendants Scott Oliver and Scott Oliver Law, LLC filed an Amended Motion to Continue the Scheduling Conference. ECF No. 19. Without awaiting a response from the plaintiffs on the amended motion, see D.C.COLO.LCivR 7.1(d), and for good cause shown, the Court GRANTS the defendant's amended motion, ECF No. #19 . As such, the Court DENIES as moot the defendant's original motion, ECF No. #17 . The Scheduling Conference is RESET to March 17, 2026 at 9:45 a.m. The proposed scheduling order shall be docketed no later than March 10, 2026. A Word copy shall be emailed to the undersigned's chambers on the same day. Entered by Magistrate Judge Cyrus Y. Chung on 02/26/2026. Text Only Entry.(agryan)
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Filing 23
ORDER REFERRING MOTION(S): #19 Amended MOTION to Continue the Scheduling Conference filed by Scott Oliver, Scott Oliver Law LLC and #17 Unopposed MOTION to Continue the Scheduling Conference filed by Scott Oliver, Scott Oliver Law LLC. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 2/25/2026. Text Only Entry (skcja, )
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 2/25/2026. Text Only Entry (skcja, )
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| Filing 21 MOTION for Discovery - Motion for Expedited Discovery and to Extend Deadline to Serve by Plaintiffs Austin Kearns, Travis Kearns. (Attachments: #1 Exhibit Exhibit 1 to Motion for Expedited Discovery and to Extend Deadline to Serve - Affidavit in Support of Application for Search Warrant, #2 Exhibit Exhibit 2 to Motion for Expedited Discovery and to Extend Deadline to Serve - Colorado Attorney Tied to $5 Million Sports Car Scam Involving Fake French Exotic Car Dealer, Lawsuit Alleges, Denver Post, Mar. 4, 2025, #3 Exhibit Exhibit 3 to Motion for Expedited Discovery and to Extend Deadline to Serve - Tolling Agreement, #4 Exhibit Exhibit 4 to Motion for Expedited Discovery and to Extend Deadline to Serve - Letter from Moriarty, Sept. 16, 2025, #5 Exhibit Exhibit 5 to Motion for Expedited Discovery and to Extend Deadline to Serve - E-mail Chain with Mirabile, #6 Exhibit Exhibit 6 to Motion for Expedited Discovery and to Extend Deadline to Serve - E-mail Chain, #7 Exhibit Exhibit 7 to Motion for Expedited Discovery and to Extend Deadline to Serve - Superfast Injunction, Dec. 16, 2025, #8 Exhibit Exhibit 8 to Motion for Expedited Discovery and to Extend Deadline to Serve - Oliver Declaration, #9 Exhibit Exhibit 9 to Motion for Expedited Discovery and to Extend Deadline to Serve - Contract, #10 Exhibit Exhibit 10 to Motion for Expedited Discovery and to Extend Deadline to Serve - Contract, #11 Exhibit Exhibit 11 to Motion for Expedited Discovery and to Extend Deadline to Serve - Contract, #12 Exhibit Exhibit 12 to Motion for Expedited Discovery and to Extend Deadline to Serve - Contract, #13 Exhibit Exhibit 13 to Motion for Expedited Discovery and to Extend Deadline to Serve - Plaintiffs Motion for Expedited Discovery, #14 Exhibit Exhibit 14 to Motion for Expedited Discovery and to Extend Deadline to Serve - Order, #15 Exhibit Exhibit 15 to Motion for Expedited Discovery and to Extend Deadline to Serve - Email, Feb. 16, 2026, #16 Exhibit Exhibit 16 to Motion for Expedited Discovery and to Extend Deadline to Serve - Email, Feb. 19, 2024, #17 Exhibit Exhibit 17 to Motion for Expedited Discovery and to Extend Deadline to Serve - Discovery Requests, #18 Exhibit Exhibit 18 to Motion for Expedited Discovery and to Extend Deadline to Serve - Subpoena)(Moriarty, Colin) |
| Filing 20 RESPONSE to #17 Unopposed MOTION to Continue the Scheduling Conference filed by Plaintiffs Austin Kearns, Travis Kearns. (Attachments: #1 Exhibit Exhibit 1 to Response to Motion to Continue the Scheduling Conference - E-mail from Mr. Moriarty, Feb. 24, 2026, #2 Exhibit Exhibit 1 to Response to Motion to Continue the Scheduling Conference - E-mail from Mr. Moriarty, Feb. 17, 2026)(Moriarty, Colin) |
| Filing 19 Amended MOTION to Continue the Scheduling Conference by Defendants Scott Oliver, Scott Oliver Law LLC. (Attachments: #1 Proposed Order (PDF Only))(Nyamaa, Bolor) |
| Filing 18 Exhibits in Support of #16 Notice (Other) of Motion to Consolidate by Plaintiffs Austin Kearns, Travis Kearns. (Moriarty, Colin) |
| Filing 17 Unopposed MOTION to Continue the Scheduling Conference by Defendants Scott Oliver, Scott Oliver Law LLC. (Attachments: #1 Proposed Order (PDF Only))(Nyamaa, Bolor) |
| Filing 16 NOTICE OF MOTION TO CONSOLIDATE by Plaintiffs Austin Kearns, Travis Kearns (Moriarty, Colin) |
| Filing 15 NOTICE of Citizenship by Plaintiffs Austin Kearns, Travis Kearns (Attachments: #1 Exhibit Exhibit 1 - Scott Oliver Law Website, #2 Exhibit Exhibit 2 - Articles of Amendment, #3 Exhibit Exhibit 3 - Articles of Organization, #4 Exhibit Exhibit 4 - Attorney Information)(Moriarty, Colin) |
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Filing 14
In the Tenth Circuit, for this Court to obtain subject matter jurisdiction based on diversity when an LLC is a party, the citizenship of each member of the LLC must be considered, rather than the LLC's principal place of business. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) ("This case requires that we decide how to determine the citizenship, for purposes of diversity jurisdiction, of a limited liability company ('LLC'). Like every other circuit to consider this question, this court concludes an LLC, as an unincorporated association, takes the citizenship of all its members.")Because the Court is duty-bound to police its own jurisdiction, it must be satisfied that complete diversity exists. Therefore, it is ORDERED that Plaintiffs shall file a Notice on or before February 25, 2026, specifying the citizenship of each LLC member for Scott Oliver Law LLC.SO ORDERED by Judge S. Kato Crews on 2/18/2026. Text Only Entry (skclc4)
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| Filing 13 CASE REASSIGNED Pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Judge S. Kato Crews, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 25-cv-04095-SKC. (Text Only Entry) (agryan) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Austin Kearns, Travis Kearns All parties do not consent.. (Moriarty, Colin) |
| Filing 11 ANSWER to #1 Complaint,, by Scott Oliver, Scott Oliver Law LLC.(Nyamaa, Bolor) |
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Filing 10
MINUTE ORDER: This matter is before the Court on defendants Scott Oliver and Scott Oliver Law, LLC's Motion to Withdrawal [sic] as Counsel of Record, ECF No. #9 , which is GRANTED for good cause shown. Ms. Carlson's representation of defendants Scott Oliver and Scott Oliver Law, LLC in this case is hereby terminated. Entered by Magistrate Judge Cyrus Y. Chung on 02/06/2026. Text Only Entry.(agryan)
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| Filing 9 MOTION to Withdraw as Attorney by Defendants Scott Oliver, Scott Oliver Law LLC. (Carlson, Ellen) |
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Filing 8
MINUTE ORDER: Defendants Scott Oliver and Scott Oliver Law, LLC's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Complaint, ECF No. #6 , is GRANTED for good cause shown. It is further ORDERED that Scott Oliver and Scott Oliver Law, LLC shall answer or otherwise respond to Plaintiff's Complaint, ECF No. #1 , on or before February 12, 2026. Entered by Magistrate Judge Cyrus Y. Chung on 02/04/2026. Text Only Entry.(agryan)
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| Filing 7 NOTICE of Entry of Appearance by Bolor Nyamaa on behalf of Scott Oliver, Scott Oliver Law LLCAttorney Bolor Nyamaa added to party Scott Oliver(pty:dft), Attorney Bolor Nyamaa added to party Scott Oliver Law LLC(pty:dft) (Nyamaa, Bolor) |
| Filing 6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,, by Defendants Scott Oliver, Scott Oliver Law LLC. (Carlson, Ellen) |
| Filing 5 NOTICE of Entry of Appearance by Ellen K. Carlson on behalf of Scott Oliver, Scott Oliver Law LLCAttorney Ellen K. Carlson added to party Scott Oliver(pty:dft), Attorney Ellen K. Carlson added to party Scott Oliver Law LLC(pty:dft) (Carlson, Ellen) |
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Filing 4
MINUTE ORDER: The above captioned case has been directly assigned to Magistrate Judge Cyrus Y. Chung pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 3-6, on or before February 17, 2026. It is further ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference will be held before this Court on March 3, 2026 at 11:15 a.m. in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. It is further ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at [email protected]. Entered by Magistrate Judge Cyrus Y. Chung on 12/23/2025. (agryan)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form) (eguth, ) |
| Filing 2 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10727039)Attorney Colin E. Moriarty added to party Austin Kearns(pty:pla), Attorney Colin E. Moriarty added to party Travis Kearns(pty:pla), filed by Travis Kearns, Austin Kearns. (Attachments: #1 Civil Cover Sheet, #2 Summons to Fuji Maksura, #3 Summons to Handy Hioe, #4 Summons to Jay Park, #5 Summons to Scott Oliver Law LLC, #6 Summons to Scott Oliver, #7 Summons to Vincent Wong)(Moriarty, Colin) |
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