Bonilla Guzman v. Viaconcvic et al
| Aracely Bonilla Guzman |
| Iuliau Viaconcvic, IIVV Logistics LLC, Luis Gomez, Boasso America Corporation doing business as Boasso Global doing business as Gulf States Intermodal doing business as Depot Connect, Int., Alvie McDonald, Jett Trucking, LLC doing business as Jett Trucking, Tony Knighton and PCS Trucking LLC |
| 1:2025cv04185 |
| December 29, 2025 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Charlotte N Sweeney |
| Motor Vehicle |
| 23 U.S.C. § 134 P.I.- Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.
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Filing 51
SCHEDULING ORDER. By Magistrate Judge Timothy P. O'Hara on 6/11/2026. (eluce)
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Filing 50
MINUTE ORDER: A Final Pretrial Conference is set for 9/21/2027 at 9:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. The parties' Proposed Final Pretrial Order is due by 9/14/2027. In addition to filing, please email the proposed order in editable format to [email protected]. By Judge Charlotte N. Sweeney on 6/8/26. Text Only Entry (jdyne, )
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| Filing 49 MINUTE ENTRY for Scheduling Conference held on 6/4/2026 before Magistrate Judge Timothy P O'Hara. A Status Conference is set for October 8, 2026, at 1:00 p.m. before U.S. Magistrate Judge Timothy P. O'Hara in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse at 1929 Stout Street, Denver, Colorado. Should the parties determine that such a hearing is not necessary, the parties may jointly contact chambers to vacate the hearing. FTR: C402. (jtorr, ) |
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Filing 48
MINUTE ORDER re: #47 Notice of Settlement. Pursuant to the Notice of Settlement of Plaintiff's claims against Defendants Boasso America Corporation and Luis Gomez, the Court orders that those parties submit a Dismissal Paper by 7/6/2026. By Judge Charlotte N. Sweeney on 6/4/2026. Text Only Entry (cnsja, )
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| Filing 47 NOTICE of Settlement of Plaintiff's Claims Against Defendants Boasso America Corporation and Luis Gomez by Defendants Boasso America Corporation, Luis Gomez (Goldstein, Adam) |
| Filing 46 Proposed Scheduling Order by Plaintiff Aracely Bonilla Guzman. (Cochran, Suzanne) |
| Filing 45 CERTIFICATE CITIZENSHIP DISCLOSURE STATEMENT by Defendants Jett Trucking, LLC, Alvie McDonald. (Abramson, Jonathan) |
| Filing 44 CERTIFICATE CITIZENSHIP DISCLOSURE STATEMENT by Defendants IIVV Logistics LLC, Iuliau Viaconcvic. (Moncecchi, Dino) |
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Filing 43
ORDER: Pursuant to the filing of an Amended Complaint, ECF No. #20 , the Motions to Dismiss, ECF Nos. #12 and #14 , are found to be moot. By Judge Charlotte N. Sweeney on 4/21/2026. Text Only Entry(cnsja, )
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Filing 42
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 Local Civ. R. 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. By Judge Charlotte N. Sweeney on 4/21/2026. Text Only Entry (cnsja, )
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Filing 41
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #40 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c)(8), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a) to a District Judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated as 25-cv-04185-CNS.) By Magistrate Judge Timothy P. O'Hara on 4/20/2026. (eluce, )
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| Filing 40 NOTICE Election of Non-Consent to Magistrate by Plaintiff Aracely Bonilla Guzman (Moore, Jennifer) |
| Filing 39 ANSWER to #20 Amended Complaint by Boasso America Corporation, Luis Gomez.(Goldstein, Adam) |
| Filing 38 REPLY to Response to #34 MOTION to Dismiss Defendants Iuliau Viaconcvic and IIVV Logistics LLCs Reply in Support of its Motion to Dismss filed by Defendants IIVV Logistics LLC, Iuliau Viaconcvic. (Moncecchi, Dino) |
| Filing 37 REPLY to Response to #26 Partial MOTION to Dismiss Count Seven of Plaintiff's Second Amended Complaint filed by Defendant Jett Trucking, LLC. (Abramson, Jonathan) |
| Filing 36 RESPONSE to #34 MOTION to Dismiss filed by Plaintiff Aracely Bonilla Guzman. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Moore, Jennifer) |
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Filing 35
MINUTE ORDER. Due to Plaintiffs counsel's unavailability, the Scheduling Conference is reset to June 4, 2026, at 10:00 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The Parties shall complete and file the Magistrate Judge Consent Form [ECF 4-8] on or before May 28, 2026. This will be an in-person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) jointly email a Word Copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 3/24/2026. (ggill, )
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| Filing 34 MOTION to Dismiss by Defendants IIVV Logistics LLC, Iuliau Viaconcvic. (Moncecchi, Dino) |
| Filing 33 RESPONSE to #26 Partial MOTION to Dismiss Count Seven of Plaintiff's Second Amended Complaint filed by Plaintiff Aracely Bonilla Guzman. (Moore, Jennifer) |
| Filing 32 NOTICE of Entry of Appearance by Elan J. Leftin on behalf of Boasso America Corporation, Luis GomezAttorney Elan J. Leftin added to party Boasso America Corporation(pty:dft), Attorney Elan J. Leftin added to party Luis Gomez(pty:dft) (Leftin, Elan) |
| Filing 31 SUMMONS Returned Executed by Aracely Bonilla Guzman. Luis Gomez served on 2/17/2026, answer due 3/10/2026. (Moore, Jennifer) |
| Filing 30 NOTICE of Entry of Appearance by Adam Joseph Goldstein on behalf of Boasso America CorporationAttorney Adam Joseph Goldstein added to party Boasso America Corporation(pty:dft) (Goldstein, Adam) |
| Filing 29 NOTICE of Entry of Appearance by Adam Joseph Goldstein on behalf of Luis GomezAttorney Adam Joseph Goldstein added to party Luis Gomez(pty:dft) (Goldstein, Adam) |
| Filing 28 WAIVER OF SERVICE Returned Executed by Aracely Bonilla Guzman. Iuliau Viaconcvic waiver sent on 3/9/2026, answer due 5/8/2026. (Moore, Jennifer) |
| Filing 27 WAIVER OF SERVICE Returned Executed by Aracely Bonilla Guzman. IIVV Logistics LLC waiver sent on 3/9/2025, answer due 5/8/2025. (Moore, Jennifer) |
| Filing 26 Partial MOTION to Dismiss Count Seven of Plaintiff's Second Amended Complaint by Defendant Jett Trucking, LLC. (Abramson, Jonathan) |
| Filing 25 Partial ANSWER to #20 Amended Complaint and Jury Demand by Jett Trucking, LLC, Alvie McDonald.(Abramson, Jonathan) |
| Filing 24 ANSWER to #20 Amended Complaint by Tony Knighton, PCS Trucking LLC.(Kennedy, Brian) |
| Filing 23 WAIVER OF SERVICE Returned Executed by Aracely Bonilla Guzman. Boasso America Corporation waiver sent on 2/17/2026, answer due 4/20/2026. (Moore, Jennifer) |
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Filing 22
MINUTE ORDER. Due to a conflict in the Court's calendar and also noting that not all of the Defendants have appeared yet, the Court RESETS the Scheduling Conference to May 19, 2026 at 11:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. This will be an in-person proceeding. The Parties shall complete and file the Magistrate Judge Consent Form [ECF 4-8] on or before May 5, 2026. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) jointly email a Word Copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 3/3/2026. (ggill, )
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| Filing 21 NOTICE of Filing Amended Pleading Second Amended Complaint Pursuant to D.C.COLO.LCivR 15.1(a) by Plaintiff Aracely Bonilla Guzman (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Second Amended Complaint - Clean Copy)(Moore, Jennifer) |
| Filing 20 AMENDED COMPLAINT against All Defendants, filed by Aracely Bonilla Guzman.(Moore, Jennifer) |
| Filing 19 NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Alvie McDonaldAttorney Yulia Nikolaevskaya added to party Alvie McDonald(pty:dft) (Nikolaevskaya, Yulia) |
| Filing 18 NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Alvie McDonaldAttorney Jonathan Marshall Abramson added to party Alvie McDonald(pty:dft) (Abramson, Jonathan) |
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Filing 17
MINUTE ORDER by Magistrate Judge Timothy P O'Hara on 1/29/2026. This matter comes before the Court upon review of Plaintiff's Stipulation for Dismissal of Claims Four through Eleven Against Defendant Jett Trucking, LLC Without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(ii). ECF #13 . Rule 41(a)(1)(A)(ii) provides for voluntary dismissals of actions not claims. By its plain language, 41(a) is not a mechanism for dismissing less than all claims against a Party. See Gobbo Farms & Orchards v. Poole Chemical Co., Inc., 81 F.3d 122, 123 (10th Cir. 1996) (Rule 41(a) does not permit dismissal of less than all claims in an action); Utah Republican Party v. Cox, 177 F. Supp. 3d, 1343, 1372 (D. Utah 2016). Instead, the proper procedure would be to amend the pleading pursuant to Rule 15. Carskadon v. Diva Intern., Inc., No. 12-cv-01886-RM-KMT, 2013 WL 1876784, at *2 (D. Colo. May 3, 2013) (collecting cases); 9 Charles Alan Wright & Arthur R. Miller, Fed. Prac. & Proc. Civ. 2362 (4th ed. 2025). Courts in this district have converted improper 41(a) dismissals into Rule 15 motions. See, e.g., David A. Bovino P.C. v. MacMillan, No. 12-cv-00551-PAB-MEH, 2012 WL 6576973, at *1 (D. Colo. Dec. 17, 2012); Arroyo v. Marriot Corp., No. 19-cv-02483-PAB-NYW, 2020 WL 10320908, at *2 (D. Colo. Jan. 23, 2020); see Fed. R. Civ. P. 1 (Federal rules of civil procedure should be construed, administered, and employed... to secure the just, speedy, and inexpensive determination of any action and proceeding). Accordingly, although the stipulation does not operate as a dismissal of any claims, the Court construes it under Rule 15. Because the stipulation was filed within 21 days of service of a motion to dismiss, Plaintiff is entitled to amendment as a matter of course, and the Court's leave is not required. Fed. R. Civ. P. 15(a)(1)(B). Plaintiff shall file an Amended Complaint on or before February 11, 2026. Defendants shall Answer or otherwise respond within 14 days of service of Plaintiff's forthcoming Amended Complaint. See Fed. R. Civ. P. 15(a)(3). Text Only Entry (tpolc2, )
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| Filing 16 NOTICE OF PRO SE E-FILING PRIVILEGES: Defendant, Alvie McDonald, sought and received e-filing privileges on 1/29/2026. No contact information for this party was available on the docket prior to the request for e-filing privileges. The following contact information has therefore been imported from PACER: mailing address 9740 East Hampton Avenue Apartment 61 Mesa, AZ 85209; phone number 903-348-8578; email address [email protected]. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, ) |
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Filing 15
MINUTE ORDER. The above captioned case has been directly assigned to Magistrate Judge O'Hara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF 4-8] on or before April 2, 2026. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on April 16, 2026, at 11:00 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. This will be an in- person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) jointly email a Word Copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 1/28/2026. (ggill, )
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| Filing 14 MOTION to Dismiss by Defendants Tony Knighton, PCS Trucking LLC. (Kennedy, Brian) |
| Filing 13 STIPULATION for Dismissal of Claims Four through Eleven by Defendant Jett Trucking, LLC. (Abramson, Jonathan) |
| Filing 12 Partial MOTION to Dismiss Plaintiff's Complaint by Defendant Jett Trucking, LLC. (Abramson, Jonathan) |
| Filing 11 Defendant's Partial ANSWER to #1 Complaint, by Jett Trucking, LLC.(Abramson, Jonathan) |
| Filing 10 NOTICE of Entry of Appearance by Jonathan Marshall Abramson on behalf of Jett Trucking, LLCAttorney Jonathan Marshall Abramson added to party Jett Trucking, LLC(pty:dft) (Abramson, Jonathan) |
| Filing 9 NOTICE of Entry of Appearance by Yulia Nikolaevskaya on behalf of Jett Trucking, LLCAttorney Yulia Nikolaevskaya added to party Jett Trucking, LLC(pty:dft) (Nikolaevskaya, Yulia) |
| Filing 8 NOTICE of Entry of Appearance for Suzanne Love Cochran, Esq. by Suzanne Love Cochran on behalf of Aracely Bonilla GuzmanAttorney Suzanne Love Cochran added to party Aracely Bonilla Guzman(pty:pla) (Cochran, Suzanne) |
| Filing 7 SUMMONS Returned Executed by Aracely Bonilla Guzman. Tony Knighton served on 1/4/2026, answer due 1/26/2026. (Moore, Jennifer) |
| Filing 6 SUMMONS Returned Executed by Aracely Bonilla Guzman. Boasso America Corporation served on 12/31/2025, answer due 1/21/2026. (Moore, Jennifer) |
| Filing 5 SUMMONS Returned Executed by Aracely Bonilla Guzman. Jett Trucking, LLC served on 12/31/2025, answer due 1/21/2026. (Moore, Jennifer) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Magistrate Judge Consent Form) (eguth, ) |
| Filing 3 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry (eguth, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint, filed by attorney Suzanne L Cochran and Jennifer O Moore. The s/signature did not match the filer name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number BCODC-10735236)Attorney Jennifer O. Moore added to party Aracely Bonilla Guzman(pty:pla), filed by Aracely Bonilla Guzman. (Attachments: #1 Summons Boasso, #2 Summons Gomez, #3 Summons IIVV Logistics, #4 Summons Jett Trucking, #5 Summons Knighton, #6 Summons McDonald, #7 Summons PCS, #8 Summons Viacobcvic, #9 Civil Cover Sheet Civil Cover Sheet)(Moore, Jennifer) |
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