Lujan v. Summit Energy Services, LLC et al
| Robert Lujan |
| Summit Energy Services, LLC, John Carpenter, Kenworth Sales Company dba Kenworth Sales Boise, PB Leasing, Inc., Giltner Logistics, Inc., Paccar, Inc. doing business as Paccar Leasing Company doing business as Paccar Leasing Corporation, Agar Transportation, Inc. and JHN Trucking, LLC |
| 1:2026cv02513 |
| June 5, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Gordon P Gallagher |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2026. A more recent docket listing may be available from PACER.
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| Filing 30 SUMMONS Returned Executed by Robert Lujan. Agar Transportation, Inc. served on 7/30/2026, answer due 8/20/2026. (Harris, Michael) |
| Filing 29 SUMMONS Returned Executed by Robert Lujan. JHN Trucking, LLC served on 7/30/2026, answer due 8/20/2026. (Harris, Michael) |
| Filing 28 SUMMONS issued by Clerk re: #20 and #27 Summons Request (Attachments: #1 Summons) (agryan) |
| Filing 27 SUMMONS REQUEST as to JHN Trucking, LLC re #26 Amended Complaint, by Plaintiff Robert Lujan. (Harris, Michael) |
| Filing 26 PLAINTIFF'S SECOND AMENDED COMPLAINT and Jury Demand against Agar Transportation, Inc., John Carpenter, Giltner Logistics, Inc., Kenworth Sales Company dba Kenworth Sales Boise, PB Leasing, Inc., Paccar, Inc., Summit Energy Services, LLC, filed by Robert Lujan. [Docketed pursuant to 25 Minute Order] (agryan) |
Filing 25
MINUTE ORDER: Before the Court is the plaintiff's unopposed motion to amend the complaint. ECF No. #21 . The plaintiff has already amended his complaint once as a matter of course pursuant to Federal Rules of Civil Procedure 15(a)(1). See ECF No. #19 . As such, the plaintiff may only amend his pleading pursuant to Rule 15(a)(2), which requires written consent from the opposing parties or leave from the Court. If the plaintiff wishes to file a second amended complaint, he must obtain written consent from each of the defendants or seek leave to amend through an appropriate motion. The plaintiff attempts to submit this motion as having written consent; however, the motion is only unopposed by those defendants that have entered an appearance but it is not known whether the sole defendant that has not been served opposes the motion. The Court, however, will interpret the motion as requesting leave from the Court. Rule 15(a)(2) states that "[t]he court should freely give leave [to amend] when justice so requires." "[T]his mandate is to be heeded." Foman v. Davis, 371 U.S. 178, 182 (1962). Whether to grant or deny leave to amend a complaint is within a court's discretion. Id. Refusing leave to amend is generally justified only on "a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993). None of those factors appear to present on the face of the motion. And, moreover, the scheduling conference has not occurred; the Court will allow the plaintiff to amend his complaint. See Williams-Berrien v. Wilson, No. 15-CV-00948-REB-KLM, 2015 WL 5953342, at *1 (D. Colo. Oct. 13, 2015). It is therefore ORDERED that the motion to amend, ECF No. #21 , is GRANTED. It is further ORDERED that the Clerk's office shall separately docket the clean version of the amended complaint, ECF No. 21-2. The defendants shall respond to the Second Amended Complaint in accordance with the Federal Rules of Civil Procedure. Entered by Magistrate Judge Cyrus Y. Chung on 07/27/2026. Text Only Entry.(agryan)
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Filing 24
Minute Order: The Plaintiff's Unopposed Motion to Vacate August 11, 2026, Scheduling Conference and Reschedule, ECF No. 22, is GRANTED for good cause shown. The Scheduling Conference set for August 11, 2026 at 10:00 am is RESET to September 3, 2026 at 11:30 am in Courtroom C201 before Magistrate Judge Cyrus Y. Chung.It is further ORDERED that counsel for the Parties and any unrepresented non-prisoner Parties in this case are to hold a meeting in accordance with Fed. R. Civ. P. 26(f) on or before August 13, 2026 and jointly prepare a proposed Scheduling Order. Pursuant to Fed. R. Civ. P. 26(d), only requests pursuant to Fed. R. Civ. P. 34 may be submitted before the Rule 26(f) meeting, unless otherwise ordered or directed by the Court. Pursuant to Fed. R. Civ. P. 34(b)(2)(A), responses to such discovery requests must be submitted no later than thirty days after the Rule 26(f) meeting, unless the Parties stipulate or the Court orders otherwise.The Proposed Scheduling Order is due on or before August 27, 2026. The Parties shall file the proposed Scheduling Order with the Clerks Office, and in accordance with District of Colorado Electronic Case Filing (ECF) Procedures. 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 7/24/2026. Text Only Entry (spric)
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| Filing 23 MEMORANDUM regarding #22 Unopposed MOTION to Vacate the Scheduling Conference and Reschedule filed by Robert Lujan, #21 Unopposed MOTION to Amend/Correct/Modify #19 Amended Complaint, filed by Robert Lujan. Motions referred to Magistrate Judge Cyrus Y. Chung by District Judge Gordon P Gallagher on 07/22/2026. Text Only Entry (dclem) |
| Filing 22 Unopposed MOTION to Vacate the Scheduling Conference and Reschedule by Plaintiff Robert Lujan. (Attachments: #1 Proposed Order (PDF Only))(Harris, Michael) |
| Filing 21 Unopposed MOTION to Amend/Correct/Modify #19 Amended Complaint, by Plaintiff Robert Lujan. (Attachments: #1 Exhibit 1 - Second Amended Complaint - Redline, #2 Exhibit 2 - Second Amended Complaint - Clean, #3 Proposed Order (PDF Only))(Harris, Michael) |
| Filing 20 SUMMONS REQUEST as to Agar Transportation, Inc. re #19 Amended Complaint, by Plaintiff Robert Lujan. (Harris, Michael) |
| Filing 19 Notice of Filing of an Amended Complaint against John Carpenter, Kenworth Sales Company dba Kenworth Sales Boise, PB Leasing, Inc., Paccar, Inc., Summit Energy Services, LLC, Agar Transportation, Inc., filed by Robert Lujan. (Attachments: #1 Exhibit 1 - Amended Complaint - Redline, #2 Exhibit 2 - Amended Complaint - Clean)(Harris, Michael) Modified on 7/22/2026 to edit title of document. (sphil, ). |
| Filing 18 ANSWER to #5 Complaint, and Jury Demand Attorney Matthew Allan Holmes added to party PB Leasing, Inc.(pty:dft) by PB Leasing, Inc..(Holmes, Matthew) |
| Filing 17 NOTICE re #1 Notice of Removal,,, Notice of Filing State Court Register of Actions by Defendants John Carpenter, Kenworth Sales Company dba Kenworth Sales Boise, Paccar, Inc. d/b/a Paccar Leasing Company dba Paccar Leasing Corporation, Summit Energy Services, LLC (Attachments: #1 Docket Sheet State Court Register of Actions, #2 Exhibit Summons on Paccar, Inc., #3 Exhibit Return of Service on Paccar, Inc., #4 Exhibit Summons on Kenworth Sales Co., #5 Exhibit Return of Service on Kenworth Sale, Co., #6 Exhibit Summons on Giltner Logistics, #7 Exhibit Return of Service on Giltner Logistics, #8 Exhibit Summons on PB Leasing, #9 Exhibit Return of Service of PB Leasing, #10 Exhibit Entry of Appearance as Co-Counsel, #11 Exhibit State Court - Notice of Removal, #12 Exhibit State Court - Order Re Notice of Removal)(Holmes, Matthew) |
| Filing 16 ANSWER to #5 Complaint, and Jury Demand Attorney Matthew Allan Holmes added to party Kenworth Sales Company dba Kenworth Sales Boise(pty:dft), Attorney Matthew Allan Holmes added to party Paccar, Inc. d/b/a Paccar Leasing Company dba Paccar Leasing Corporation(pty:dft) by Kenworth Sales Company dba Kenworth Sales Boise, Paccar, Inc. d/b/a Paccar Leasing Company dba Paccar Leasing Corporation.(Holmes, Matthew) |
| Filing 15 Defendants' ANSWER to #5 Complaint, and Jury Demand by John Carpenter, Summit Energy Services, LLC.(Holmes, Matthew) |
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Filing 14
MINUTE ORDER: Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on August 11, 2026 at 10:00 a.m., in Courtroom C-201, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. It is ORDERED that Defendant 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 06/09/2026. (agryan)
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Filing 13
ORDER REFERRING CASE to the assigned United States Magistrate Judge Cyrus Y. Chung. 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, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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. By District Judge Gordon P Gallagher on 6/9/2026. Text Only Entry. (eluce)
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| Filing 12 NOTICE of Entry of Appearance by Daniel Ian Yarbro on behalf of Robert LujanAttorney Daniel Ian Yarbro added to party Robert Lujan(pty:pla) (Yarbro, Daniel) |
| Filing 11 NOTICE of Entry of Appearance by Jonathan M. Ward on behalf of Robert LujanAttorney Jonathan M. Ward added to party Robert Lujan(pty:pla) (Ward, Jonathan) |
| Filing 4 NOTICE of Entry of Appearance by Jason William Jordan on behalf of Robert LujanAttorney Jason William Jordan added to party Robert Lujan(pty:pla) (Jordan, Jason) |
| Filing 3 NOTICE of Entry of Appearance by Michael Sead Harris on behalf of Robert LujanAttorney Michael Sead Harris added to party Robert Lujan(pty:pla) (Harris, Michael) |
| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (angar, ) |
| Filing 9 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry (angar, ) |
| Filing 8 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) (angar, ) |
| Filing 7 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (angar, ) |
| Filing 6 Declaration of Service upon Summit Energy Services, LLC and John Carpenter on 5/6/2026 (Attachments: #1 Affidavit)(angar, ) |
| Filing 5 COMPLAINT and Jury Demand against John Carpenter, Giltner Logistics, Inc., Kenworth Sales Company dba Kenworth Sales Boise, PB Leasing, Inc., Paccar, Inc. d/b/a Paccar Leasing Company dba Paccar Leasing Corporation, Summit Energy Services, LLC, filed by Robert Lujan.(angar, ) |
| Filing 2 NOTICE of Entry of Appearance by Jana M. Kaspar on behalf of John Carpenter, Summit Energy Services, LLCAttorney Jana M. Kaspar added to party John Carpenter(pty:dft), Attorney Jana M. Kaspar added to party Summit Energy Services, LLC(pty:dft) (Kaspar, Jana) |
| Filing 1 NOTICE OF REMOVAL by Summit Energy Services, LLC, John Carpenter from Larimer County District Court, Case Number 2026CV30383. (Filing fee $ 405, Receipt Number ACODC-11061862), filed by Summit Energy Services, LLC, John Carpenter. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - ROS on Summit Energy, #3 Exhibit C - ROS on John Carpenter, #4 Exhibit D - Summonses for Carpenter and Summit Energy, #5 Exhibit E - State Court Civil Case Cover Sheet, #6 Exhibit F - Lujan Voter Registration, #7 Exhibit G - Summit Energy State of ID Annual Report, #8 Exhibit H - John Carpenter ID and Residency, #9 Exhibit I - Paccar Corp Filing Report, #10 Exhibit J - Giltner Strate of ID Filing Report, #11 Exhibit K - PB Leasing State of ID Annual Report, #12 Exhibit L - Kenwroth Annual Report, #13 Civil Cover Sheet Civil Cover Sheet)(Holmes, Matthew) |
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