Apex Mobility Transportation, LLC et al v. First Transit, Inc.

Filing 29

ORDER Adopting Recommendation of the United States Magistrate Judge. The Recommendation of United States Magistrate Judge [# 22 ], filed December 8, 2014, is APPROVED AND ADOPTED as an order of this court. Defendant's Motion To Vacate Entry of State Court Clerk's Default [# 15 ], filed October 1, 2014, is GRANTED. By Judge Robert E. Blackburn on 12/31/2014. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02645-REB-MEH
APEX MOBILITY TRANSPORTATION, LLC,
EZ CARE TRANSPORTATION, LLC
ARAPHAHOE TRANSPORTATION, LLC, f/k/a Chad Transporation, LLC,
LION TRANSPORTATION, LLC,
HEAVEN WHEELS TRANSPORTATION, LLC, and
AA YELLOW SHUTTLE EXPRESS, INC., a/k/a Broadway Express, Inc.,
Plaintiffs,
v.
FIRST TRANSIT, INC.,
Defendant.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation to continue the trial in this matter
contained in the Recommendation of United States Magistrate Judge [#22],1 filed
December 8, 2014. No objection having been timely filed to the recommendation, I
review it for plain error only. See Morales-Fernandez v. Immigration &
Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in
the magistrate judge’s recommended disposition, I find and conclude that the
recommendation should be approved and adopted.

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“[#22]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#22], filed
December 8, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant’s Motion To Vacate Entry of State Court Clerk’s Default
[#15], filed October 1, 2014, is GRANTED; and
3. That the Order: Motion for Entry of Clerk’s Default (with attach) [#17-1],
filed October 27, 2014 (entered on the state court docket on September 19, 2014) is
VACATED.
Dated December 31, 2014, at Denver, Colorado.
BY THE COURT:

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