Arizona District Court
Judge:Susan M Brnovich
Case #: 2:22-cv-01423
Nature of Suit442 Civil Rights - Employment
Cause42:2000 Job Discrimination (Race)
Case Filed:Aug 23, 2022
Terminated:Aug 03, 2023
Last checked: Sunday Feb 19, 2023 4:03 AM MST
Defendant
American Express Company
Represented By
John E Kiley
Sheppard Mullin Richter & Hampton Llp - New York, Ny
contact info
Adam Pekor
Sheppard Mullin Richter & Hampton Llp - New York, Ny
contact info
James Gary Linder
Jones Skelton & Hochuli PLC
contact info
Defendant
Unknown Parties
Plaintiff
Brian Netzel
Represented By
Aaron Thomas Martin
Martin Law & Mediation PLLC
contact info
David Pivtorak
Pivtorak Law Firm
contact info
Plaintiff
Eric Langkamp
Represented By
Aaron Thomas Martin
Martin Law & Mediation PLLC
contact info
David Pivtorak
Pivtorak Law Firm
contact info
Plaintiff
Nancy Larson
Represented By
Aaron Thomas Martin
Martin Law & Mediation PLLC
contact info
David Pivtorak
Pivtorak Law Firm
contact info
Plaintiff
Travis Smith
Represented By
Aaron Thomas Martin
Martin Law & Mediation PLLC
contact info
David Pivtorak
Pivtorak Law Firm
contact info

GPO Aug 03 2023
ORDER granting AmEx's Motion to Compel Arbitration and Dismiss the Second Amended Complaint (Doc. 22). IT IS FURTHER ORDERED instructing the Clerk of Court to terminate this case. Signed by Judge Susan M Brnovich on 8/3/23. (SMF)

Docket last updated: 10 hours ago
Tuesday, August 13, 2024
43 43 appeal USCA Mandate Tue 08/13 3:28 PM
MANDATE of USCA - Affirming District Court Decision re: 23-16083 as to39 Notice of Appeal.(EJA)
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Att: 1 Memorandum
Friday, August 11, 2023
41 41 appeal USCA Case Number Tue 08/15 8:55 AM
USCA Case Number re:39 Notice of Appeal. Case number 23-16083 Ninth Circuit. (BAC)
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Wednesday, August 09, 2023
40 40 appeal Representation Statement Wed 08/09 10:56 AM
REPRESENTATION STATEMENT by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith re:39 Notice of Appeal. (Pivtorak, David)
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39 39 appeal Notice of Appeal Wed 08/09 10:55 AM
NOTICE OF APPEAL to 9th Circuit Court of Appeals re:38 Order Dismissing Case by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith. Filing fee received: $ 505.00, receipt number AAZDC-22186704. (Pivtorak, David)
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Thursday, August 03, 2023
38 38 11 pgs order Order Dismissing Case Thu 08/03 1:36 PM
ORDER granting AmEx's Motion to Compel Arbitration and Dismiss the Second Amended Complaint (Doc.22 ). IT IS FURTHER ORDERED instructing the Clerk of Court to terminate this case. Signed by Judge Susan M Brnovich on 8/3/23. (SMF)
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Wednesday, April 26, 2023
37 37 respm Reply to Response to Motion Wed 04/26 2:06 PM
REPLY to Response to Motion re:22 MOTION to Compel ArbitrationMOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim DEFENDANTS REPLY BRIEF IN FURTHER SUPPORT OF ITS MOTION TO COMPEL ARBITRATION AND DISMISS THE SECOND AMENDED COMPLAINT filed by American Express Company. (Linder, James)
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Tuesday, April 11, 2023
36 36 1 pgs order Order on Stipulation Tue 04/11 8:48 AM
ORDER having considered the35 Stipulation for Extension of Time, IT IS HEREBY ORDERED that Defendant American Express Company may file and serve its Reply Brief in Support of its Motion to Compel Arbitration and Dismiss the Second Amended Complaint on April 26, 2023. Signed by Judge Susan M. Brnovich on 4/11/2023. (ESG)
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Monday, April 10, 2023
35 35 misc Stipulation Mon 04/10 12:34 PM
STIPULATION for Extension of Time to File and Serve Reply Brief by American Express Company.(Linder, James)
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Att: 1 Proposed Order Proposed Order re Stipulation for Extension of Time to File and Serve Reply
Tuesday, April 04, 2023
34 34 misc Notice of Deficiency (Text Only) Tue 04/04 3:37 PM
NOTICE TO FILER OF DEFICIENCY re:33 Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney David Pivtorak but submitted using the log-in and password belonging to attorney Aaron T. Martin. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SMF)
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33 33 respm Response in Opposition to Motion Tue 04/04 12:09 PM
RESPONSE in Opposition re:22 MOTION to Compel ArbitrationMOTION to Dismiss for Lack of JurisdictionMOTION to Dismiss for Failure to State a Claim Response to Defendant's Motion to Compel Arbitration filed by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith.(Martin, Aaron)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C,
Att: 5 Exhibit D,
Att: 6 Exhibit E,
Att: 7 Exhibit F
Wednesday, February 01, 2023
32 32 notice Notice of Service of Discovery Wed 02/01 8:11 AM
NOTICE of Service of Discovery filed by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith. (Martin, Aaron)
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Thursday, January 26, 2023
31 31 2 pgs order Order on Motion for Discovery Thu 01/26 2:05 PM
ORDER that Plaintiffs'26 Motion for Limited Discovery and Extension of Time to Respond to Motion to Compel Arbitration and Dismiss the Second Amended Complaint is GRANTED in part and DENIED in part. All proceedings relating to Defendant American Express's ("AmEx") Motion to Compel Arbitration and Dismiss the Second Amended Complaint (Dkt.22 ) are stayed. IT IS FURTHER ORDERED that Plaintiffs may conduct discovery to be completed within 60 days after the date of this Order. IT IS FURTHER ORDERED that Plaintiffs' response to Defendant's Motion to Compel Arbitration shall be filed within 90 days of the date of this Order See attached Order for complete details. Signed by Judge Susan M. Brnovich on 1/26/2023. (ESG)
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Friday, January 06, 2023
30 30 respm Reply to Response to Motion Fri 01/06 12:15 PM
REPLY to Response to Motion re:26 MOTION for Discovery and Extension of Time to Respond to Motion to Compel Arbitration and Dismiss the Second Amended Complaint filed by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith.(Pivtorak, David)
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Att: 1 Affidavit
Wednesday, January 04, 2023
29 29 respm Response in Opposition to Motion Wed 01/04 2:23 PM
RESPONSE in Opposition re:26 MOTION for Discovery and Extension of Time to Respond to Motion to Compel Arbitration and Dismiss the Second Amended Complaint filed by American Express Company.(Linder, James)
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Att: 1 Affidavit Declaration of John E. Kiley
Thursday, December 29, 2022
28 28 minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Thu 12/29 4:17 PM
ORDER that Defendants respond to the Motion at Doc.26 by no later than January 4, 2023 and Plaintiff shall reply no later than January 6, 2023. IT IS FURTHER ORDERED extending the deadline to respond to the Motion to Compel Arbitration (Doc.22 ) to a date to be determined after ruling on the request for discovery. Signed by Judge Susan M. Brnovich on 12/29/2022. (ESG)
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Wednesday, December 28, 2022
27 27 notice Notice (Other) Wed 12/28 4:51 PM
NOTICE re: Notice for Expedited Consideration by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith re:26 MOTION for Discovery and Extension of Time to Respond to Motion to Compel Arbitration and Dismiss the Second Amended Complaint .(Pivtorak, David)
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Att: 1 Affidavit of Service
26 26 motion Discovery Wed 12/28 4:44 PM
MOTION for Discovery and Extension of Time to Respond to Motion to Compel Arbitration and Dismiss the Second Amended Complaint by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith.(Pivtorak, David)
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Att: 1 Attachment DECLARATION OF DAVID PIVTORAK,
Att: 2 Proposed Order,
Att: 3 Affidavit of Service
Tuesday, December 13, 2022
25 25 1 pgs order Order on Stipulation Tue 12/13 4:18 PM
ORDER that the time for Defendant American Express Company to answer, move, or otherwise respond to the Second Amended Complaint is extended to and including 12/12/2022, and the time for Plaintiff to respond to any motion or petition filed by Defendant in response to the Second Amended Complaint shall be on or before 1/06/2023. Signed by Judge Susan M. Brnovich on 12/13/2022. (ESG)
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Monday, December 12, 2022
24 24 2 pgs misc Affidavit Mon 12/12 4:17 PM
AFFIDAVIT re:22 MOTION to Compel Arbitration and Dismiss the Second Amended Complaint ,23 Additional Attachments to Main Document by Defendant American Express Company. (Linder, James)
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23 23 misc Additional Attachments to Main Document Mon 12/12 4:09 PM
Additional Attachments to Main Document re:22 MOTION to Compel Arbitration and Dismiss the Second Amended Complaint by Defendant American Express Company. (Linder, James)
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22 22 17 pgs motion Compel Mon 12/12 4:02 PM
MOTION to Compel Arbitration and Dismiss the Second Amended Complaint by American Express Company.(Linder, James)
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Att: 1 Affidavit Declaration of Jeanne Stout ISO Motion to Compel,
Att: 2 Affidavit Declaration of John E. Kiley ISO Motion to Compel Arbitration
21 21 misc Stipulation For Extension of Time To Answer Complaint Mon 12/12 10:34 AM
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Second Request) by American Express Company.(Linder, James)
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Att: 1 Proposed Order
Monday, November 21, 2022
20 20 notice Notice of Filing - Amended Pleading (LRCiv 15.1(b)) Mon 11/21 5:04 PM
NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith .(Pivtorak, David)
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Att: 1 Exhibit A
19 19 39 pgs cmp Amended Complaint Mon 11/21 4:57 PM
AMENDED COMPLAINT SECOND against All Defendants filed by Brian Netzel, Eric Langkamp, Nancy Larson, Travis Smith.(Pivtorak, David)
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18 18 minute_ord Minute Order ~Util - Add and Terminate Parties Mon 11/21 9:29 AM
MINUTE ORDER: Pursuant to Order7 , Unknown Parties (named as Does 1 through 10, inclusive) terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST)
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Monday, November 07, 2022
17 17 misc Corporate Disclosure Statement Mon 11/07 2:11 PM
Corporate Disclosure Statement by American Express Company. (Linder, James)
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Friday, November 04, 2022
16 16 notice Notice of Appearance/Association of Counsel Fri 11/04 2:06 PM
NOTICE of Appearance by James Gary Linder on behalf of American Express Company. (Linder, James)
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Thursday, November 03, 2022
15 15 1 pgs order Order on Stipulation Thu 11/03 11:56 AM
ORDER pursuant to the Parties'13 Stipulation For Extension of Time, IT IS HEREBY ORDERED that the time for Defendant American Express Company to answer, move, or otherwise respond to the Amended Complaint is extended to and including December 1, 2022, and the time for Plaintiff to respond to any motion or petition filed by Defendant in response to the Amended Complaint shall be on or before December 15, 2022. Signed by Judge Susan M. Brnovich on 11/03/2022. (ESG)
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Wednesday, November 02, 2022
14 14 misc Additional Attachments to Main Document Wed 11/02 5:08 PM
Additional Attachments to Main Document re:13 Stipulation For Extension of Time To Answer Complaint by Defendant American Express Company. (Linder, James)
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13 13 misc Stipulation For Extension of Time To Answer Complaint Wed 11/02 4:58 PM
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by American Express Company. (Linder, James)
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Tuesday, November 01, 2022
misc Remark re Pro Hac Vice Motion Tue 11/01 4:05 PM
Remark: Pro hac vice motion(s) granted for John E Kiley, Adam Pekor on behalf of Defendant American Express Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Thursday, October 13, 2022
12 12 service Service Executed Thu 10/13 2:41 PM
SERVICE EXECUTED filed by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith: Proof of Service re: Summons, Complaint and Preliminary Order upon American Express Company on 10/12/2022. (Martin, Aaron)
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11 11 notice Notice (Other) Thu 10/13 2:28 PM
NOTICE re: Service by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith Plaintiffs' Notice of Service of Preliminary Order . (Martin, Aaron)
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Thursday, September 15, 2022
10 10 service Summons Issued Thu 09/15 6:24 AM
Summons Issued as to American Express Company. (BAS)
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Wednesday, September 14, 2022
9 9 service Summons Submitted Wed 09/14 3:04 PM
SUMMONS Submitted by Eric Langkamp, Nancy Larson, Brian Netzel, Travis Smith. (Pivtorak, David)
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8 8 cmp Amended Complaint Wed 09/14 3:01 PM
AMENDED COMPLAINT against All Defendants filed by Brian Netzel, Travis Smith, Eric Langkamp, Nancy Larson.(Pivtorak, David)
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Wednesday, August 24, 2022
misc Remark re Pro Hac Vice Motion Wed 08/24 6:39 AM
Remark: Pro hac vice motion(s) granted for David Pivtorak on behalf of Plaintiff Brian Netzel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Tuesday, August 23, 2022
7 7 2 pgs order Order ~Util - Set Deadlines Tue 08/23 1:52 PM
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on November 21, 2022. Signed by Judge Susan M. Brnovich on 8/23/2022. (ESG)
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6 6 4 pgs order Order Tue 08/23 1:50 PM
ORDER This matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 8/23/2022. (ESG)
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5 5 misc Notice of Deficiency (Text Only) Tue 08/23 12:37 PM
NOTICE TO FILER OF DEFICIENCY re:1 Complaint filed by Brian Netzel. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ARC)
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4 4 service Summons Issued Tue 08/23 12:34 PM
Summons Issued as to American Express Company. (ARC)
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3 3 misc New Case Opened Tue 08/23 12:32 PM
Filing fee paid, receipt number AAZDC-21020358. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV 22-1423 PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC)
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2 2 service Summons Submitted Tue 08/23 12:31 PM
SUMMONS Submitted by Brian Netzel. (Martin, Aaron) (ARC)
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1 1 23 pgs cmp Complaint Tue 08/23 12:30 PM
COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21020358 filed by Brian Netzel. (Martin, Aaron)(ARC)
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Att: 1 Civil Cover Sheet