JOHNSON v. ELITE TRANSPORTATION, LLC
| Colorado District Court | |
| Judge: | Regina M Rodriguez |
| Referred: | Scott T Varholak |
| Case #: | 1:21-cv-00625 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 49:31105 Surface Transportation Assistance Act |
| Case Filed: | Mar 02, 2021 |
| Terminated: | Jun 21, 2022 |
| Last checked: Sunday Aug 29, 2021 4:00 AM MDT |
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Defendant
Elite Transportation, LLC
a Kansas corporation c/o Crystal McCullough 2211 South Edwards
Wichita, KS 67213 |
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Plaintiff
Dewarren Johnson
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Represented By
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| Docket last updated: 05/23/2025 11:59 PM MDT |
| Tuesday, June 21, 2022 | ||
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order
Order Dismissing Case
Tue 06/21 2:29 PM
ORDER discharging 29 Order to Show Cause. Pursuant to the Court's 29 Order to Show Cause, Plaintiff has filed a30 Response to Show Cause Order, indicating that Plaintiff conferred with Defendant's bankruptcy counsel, and neither Plaintiff nor Defendant's bankruptcy counsel oppose administratively closing this action, subject to re-opening for good cause. As such, the Court hereby DISCHARGES its 29 Order to Show Cause and ADMINISTRATIVELY CLOSES this action pursuant to D.C.COLO.LCivR 41.2, subject to re-opening for good cause, including but not limited to the resolution of Defendant Elite Transportation, LLC's bankruptcy proceedings. ORDERED by Judge Regina M. Rodriguez on 6/21/2022. Text Only Entry (angar, ) |
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misc
Certificate of Service
Tue 06/21 2:32 PM
CERTIFICATE of Service by Mail by Clerk of Court re 31 Order, by Judge Regina M. Rodriguez - mailed to Elite Transportation, LLCc/o Crystal McCullough 2211 South EdwardsWichita, KS 67213- Text Only Entry (angar, ) |
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| Monday, June 20, 2022 | ||
| 30 | 30
misc
Response
Mon 06/20 3:00 PM
RESPONSE to 29 Order, to Show Cause by Plaintiff Dewarren Johnson. (Tumin, Rachel) |
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| Tuesday, June 07, 2022 | ||
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order
Order
Tue 06/07 8:31 AM
ORDER TO SHOW CAUSE. It is ORDERED that the Parties shall SHOW CAUSE in writing, on or before Monday, 6/20/2022, as to why the undersigned should not administratively close this action pursuant to D.C.COLO.LCivR 41.2, subject to re-opening for good cause, including but not limited to the resolution of Defendant Elite Transportation, LLC's bankruptcy petition. SO ORDERED by Judge Regina M. Rodriguez on 6/7/2022. Text Only Entry (rmrja) |
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| Tuesday, April 12, 2022 | ||
| 27 | 27
notice
Notice (Other)
Tue 04/12 10:05 AM
NOTICE regarding Bankruptcy Stay by Plaintiff Dewarren Johnson (Tumin, Rachel) |
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order
Order on Motion for Default Judgment
Tue 04/12 1:55 PM
ORDER This matter is before the Court regarding27 Notice. In the notice, Plaintiff agrees that the Voluntary Petition for Non-Individuals Filing for Bankruptcy (the "Petition") [#25-1] requires an automatic stay of this matter. See City of Chicago v. Fulton, 141 S. Ct. 585, 589 (2021) ("When a debtor files a petition for bankruptcy, the Bankruptcy Code protects the debtor's interests by imposing an automatic stay on efforts to collect prepetition debts outside the bankruptcy forum."). Plaintiff further requests that the Motion Hearing set for 4/13/2022 1:00 pm be vacated. The Court is in agreement on both points. Accordingly, this matter is STAYED, the Motion Hearing set for 4/13/2022 is VACATED, and the22 Motion for Default Judgment is DENIED WITHOUT PREJUDICE to refiling, if appropriate, at a later date. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/12/2022. Text Only Entry(stvlc2, ) |
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| Wednesday, March 30, 2022 | ||
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order
Minute Order
Wed 03/30 5:25 PM
MINUTE ORDER A Motion Hearing re:22 Plaintiff's Motion for Default Judgment (the "Motion") is set for 4/13/2022 01:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Plaintiff shall be prepared to discuss the impact of [#25-1] Voluntary Petition for Non-Individuals Filing for Bankruptcy (the "Petition") on the Motion and whether the automatic stay imposed by the Bankruptcy Code applies to this action. See City of Chicago v. Fulton, 141 S. Ct. 585, 589 (2021) ("When a debtor files a petition for bankruptcy, the Bankruptcy Code protects the debtor's interests by imposing an automatic stay on efforts to collect prepetition debts outside the bankruptcy forum."). Counsel for Plaintiff is ordered to provide a copy of this order to counsel for Defendant identified in the Petition. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/30/2022. Text Only Entry (stvlc1, ) |
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| Thursday, March 24, 2022 | ||
| 25 | 25
misc
Suggestion of Bankruptcy
Thu 03/24 12:02 PM
SUGGESTION OF BANKRUPTCY of Elite Transportation, LLC by Plaintiff Dewarren Johnson.(Tumin, Rachel) |
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Att: 1
Exhibit 1
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| Thursday, March 17, 2022 | ||
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order
Memorandum
Thu 03/17 4:13 PM
MEMORANDUM regarding22 MOTION for Default Judgment as to all claims filed by Dewarren Johnson. Pursuant to the23 Consent, this Motion is referred to Magistrate Judge Scott T. Varholak. By Judge Regina M. Rodriguez on 3/17/2022. Text Only Entry (rmrja) |
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| Monday, November 29, 2021 | ||
| 23 | 23
misc
Consent to Magistrate Judge Disposition on Motion
Mon 11/29 11:54 AM
CONSENT to Magistrate Judge Disposition on Motion by Dewarren Johnson re22 MOTION for Default Judgment as to all claims .(Tumin, Rachel) |
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Att: 1
Exhibit 1
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| Wednesday, July 14, 2021 | ||
| 22 | 22
motion
Default Judgment
Wed 07/14 10:13 AM
MOTION for Default Judgment as to all claims by Plaintiff Dewarren Johnson.(Moore, Brian) |
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Att: 1
Exhibit 1 - Affidavit of D. Johnson,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12 - Declaration of Brian Moore,
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Att: 13
Exhibit 13
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| Tuesday, July 06, 2021 | ||
| 21 | 21
misc
Reassigning Judge
Tue 07/06 4:08 PM
This action is reassigned to Judge Regina M. Rodriguez upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Rodriguez in Courtroom A-702. Her chambers are located in A-738 of the Alfred A. Arraj Courthouse. Her telephone number is 303-335-2170. All future pleadings 21-cv-00625-RMR. Text only entry. (agarc, ) |
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| Thursday, May 06, 2021 | ||
| 20 | 20
order
Minute Order
Thu 05/06 11:30 AM
Minute Order. Counsel for Plaintiff contacted the Court by telephone to inquire about the Court's order denying without prejudice Plaintiff's motion for entry of default judgment. (Doc. 19.) Counsel is reminded that ex parte communications are not permitted. If Plaintiff wishes to communicate with the Court or otherwise seek relief from the Court, he must file a motion or other appropriate filing. By Judge Daniel D. Domenico on 5/6/2021. Text Only Entry (dddlc2, ) |
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| 19 | 19
order
Order on Motion for Default Judgment
Thu 05/06 8:35 AM
ORDER DENYING WITHOUT PREJUDICE10 Motion for Default Judgment. In his motion for default judgment, Plaintiff has failed to offer any basis for the Court's jurisdiction, whether the unchallenged facts in this case constitute a legitimate cause of action, and any evidence that he is entitled to damages. Plaintiff's motion for default judgment is thus DENIED WITHOUT PREJUDICE. If Plaintiff chooses to refile his motion, the Court might determine that a hearing on the motion is necessary. But Plaintiff must submit evidentiary material sufficient to prove those damages on the papers alone. SO ORDERED by Judge Daniel D. Domenico on 5/6/2021. Text Only Entry (dddlc2, ) |
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| Wednesday, April 28, 2021 | ||
| 18 | 18
misc
Certificate of Service
Wed 04/28 3:14 PM
CERTIFICATE of Service by Mail by Clerk of Court re 17 Order on Motion for Extension of Time to Answer or Otherwise Respond, to Elite Transportation, LLC, c/o Crystal McCullough, 2211 South Edwards, Wichita, KS 67213. Text Only Entry (jgonz, ) |
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| 17 | 17
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Wed 04/28 2:02 PM
ORDER This matter is before the Court on15 Motion for Extension of Time to Answer or Otherwise Respond. The Motion is DENIED for the following reasons. First, the Clerk of the Court has already entered default in this matter due to Defendant's failure to timely answer. 14 Second, Defendant has filed this motion pro se, however, an entity, such as an LLC, must appear through an attorney. See Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001)(As a general matter, a corporation or other business entity can only appear in court through an attorney and not through a nonattorney corporate officer appearing pro se."). Third, Defendant does not include a certificate of conferral, as required by D.C.COLO.LCivR 7.1. Finally, Defendant provides no explanation for its failure to timely request an extension or answer the complaint. Accordingly, the Motion is DENIED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/28/2021. Text Only Entry(stvlc2, ) |
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| Tuesday, April 27, 2021 | ||
| 16 | 16
order
Order Referring Motion
Tue 04/27 8:36 PM
ORDER REFERRING MOTION:15 MOTION for Extension of Time to File Answer or Otherwise Respond filed by Elite Transportation, LLC. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 4/27/2021. Text Only Entry (dddlc2, ) |
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| Monday, April 26, 2021 | ||
| 15 | 15
motion
Extension of Time to File Answer or Otherwise Respond
Tue 04/27 8:57 AM
MOTION to Request an Extension of Time by Defendant Elite Transportation, LLC. (athom, ) |
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| Wednesday, April 21, 2021 | ||
| 14 | 14
order
Clerks Entry of Default
Wed 04/21 8:22 AM
Clerk's ENTRY OF DEFAULT as to Elite Transportation, LLC re13 Renewed MOTION for Entry of Default, by Clerk. Text Only Entry (athom, ) |
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| Tuesday, April 20, 2021 | ||
| 13 | 13
motion
Entry of Default
Tue 04/20 12:29 PM
Renewed MOTION for Entry of Default as to failure to respond by Defendant and Request for Hearing by Plaintiff Dewarren Johnson.(Tumin, Rachel) |
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Att: 1
Exhibit 1,
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Att: 2
Affidavit as Exhibit 2
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| 12 | 12
order
Clerks Note Regarding Default
Tue 04/20 8:04 AM
CLERK'S NOTE REGARDING DEFAULT. Clerk's Entry of Default will not be entered as to Elite Transportation, LLC re9 MOTION for Entry of Default as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) has not been filed, by Clerk. Text Only Entry (athom, ) |
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| Tuesday, April 13, 2021 | ||
| 11 | 11
order
Minute Order
Tue 04/13 1:53 PM
MINUTE ORDER In light of9 Motion for Entry of Default, the Scheduling Conference for 5/4/2021 09:00 AM, and related deadlines are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/13/2021. Text Only Entry (stvlc1, ) |
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| Saturday, April 03, 2021 | ||
| 10 | 10
motion
Default Judgment
Sat 04/03 9:47 AM
MOTION for Default Judgment as to failure to respond by Defendant and Request for Hearing by Plaintiff Dewarren Johnson.(Tumin, Rachel) |
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Att: 1
Exhibit 1
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| 9 | 9
motion
Entry of Default
Sat 04/03 9:45 AM
MOTION for Entry of Default as to failure to Respond by Defendant by Plaintiff Dewarren Johnson.(Tumin, Rachel) |
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Att: 1
Exhibit 1
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| Thursday, March 04, 2021 | ||
| 8 | 8
2
pgs
order
Order
Fri 03/05 8:38 AM
ORDER Setting Scheduling Conference for 5/4/2021 09:00 AM before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 4/27/2021, by Magistrate Judge Scott T. Varholak on 3/4/2021. (jgonz, ) |
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| Wednesday, March 03, 2021 | ||
| 7 | 7
order
Order Referring Case to Magistrate Judge
Wed 03/03 5:39 PM
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) 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. SO ORDERED by Judge Daniel D. Domenico on 3/3/2021. Text Only Entry (dddlc2, ) |
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| 6 | 6
notice
Notice of Entry of Appearance
Wed 03/03 5:13 PM
NOTICE of Entry of Appearance by Brian Thomas Moore on behalf of Dewarren JohnsonAttorney Brian Thomas Moore added to party Dewarren Johnson(pty:pla) (Moore, Brian) |
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| 5 | 5
misc
Summons Issued
Wed 03/03 10:03 AM
SUMMONS issued by Clerk. (alave, ) |
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Att: 1
Magistrate Judge Consent Form
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| 4 | 4
misc
Case Assigned to Judge
Wed 03/03 9:46 AM
Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (alave, ) |
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| 3 | 3
misc
Filing Fee Received
Wed 03/03 9:22 AM
Filing fee: $402, receipt number: COX098254. (trvo, ) |
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| 2 | 2
misc
Administrative Notice
Wed 03/03 8:30 AM
Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (trvo, ) |
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| Tuesday, March 02, 2021 | ||
| 1 | 1
cmp
Complaint
Tue 03/02 4:07 PM
COMPLAINT against ELITE TRANSPORTATION, LLC (Filing fee $ 402).Attorney Rachel Isadora Tumin added to party DEWARREN JOHNSON(pty:pla), filed by DEWARREN JOHNSON.(Tumin, Rachel) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Summons,
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Att: 8
Civil Cover Sheet
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