Little v. Grand Canyon University
| Carson Little |
| Grand Canyon University |
| 2:2020cv00795 |
| April 24, 2020 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.
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Filing 141
MOTION in Limine re: to Exclude Plaintiff's Damages Expert Mark Kantrowitz by Grand Canyon University. (Attachments: #1 Affidavit of Jon Kardassakis, #2 Exhibit to Declaration, #3 Proposed Order)(Honecker, Kathryn)
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Filing 140
ORDER Defendant's Unopposed #139 Motion to Continue is granted. IT IS FURTHER ORDERED that the July 27, 2023 Oral Argument is continued to August 15, 2023 at 10:00 a.m. (45 minutes allowed). Signed by Judge Susan M. Brnovich on 7/12/2023. (ESG)
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Filing 139
First MOTION to Continue Oral Argument by Grand Canyon University. (Attachments: #1 Proposed Order)(Honecker, Kathryn)
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Filing 138
IT IS ORDERED setting oral argument as to the #130 First MOTION for Summary Judgment filed by Grand Canyon University. Motion Hearing set for 7/27/2023 at 10:00 AM (45 minutes allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. Ordered by Judge Susan M. Brnovich. (ESG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 137
REPLY to Response to Motion re: #130 First MOTION for Summary Judgment filed by Grand Canyon University. (Attachments: #1 Exhibit Declaration of Tim Griffin)(Honecker, Kathryn)
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Filing 136
STATEMENT OF FACTS Plfs Controverting SOF and Separation SOFS Opposing Defendant's Motion for SJ by Plaintiff Carson Little. (Attachments: #1 Exhibit Declaration and Exhibits 1-26)(Soldato, Peter)
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Filing 135
*RESPONSE to Motion re: #130 First MOTION for Summary Judgment filed by Carson Little. (Soldato, Peter) *Modified to correct event and text on 5/23/2023 (REK).
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Filing 134
TRIAL SETTING ORDER setting a 10-Day Jury Trial on November 1, 2023 through November 3, 2023, November 7, 2023 through November 9, 2023, and November 14, 2023 through November 17, 2023. Trial hours are from 9:00 a.m. to 4:30 p.m. (except for the first day which starts at 8:45 a.m.). IT IS FURTHER ORDERED setting a Final Trial Management Conference on October 23, 2023 at 9:30 a.m. (30 minutes allotted). Trial counsel and/or the parties shall attend this conference in person. The parties shall submit a Joint Final Pretrial Statement no later than October 16, 2023. See attached Order for complete details. Signed by Judge Susan M Brnovich on 5/1/2023. (ESG)
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Filing 133
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Trial Setting Conference held on 5/1/2023. Discussion held regarding the length of trial and days for trial. The parties agree to a 10-day jury trial to commence on 11/1/2023. Final Trial Management Conference set for 10/23/2023 at 9:30 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003. Trial Setting Order to follow. APPEARANCES: Telephonic appearance by Peter Soldato and Laura Reasons for Plaintiff. Telephonic appearance by Kathryn Honecker for Defendant. (Court Reporter Christine Coaly) Hearing held 9:31 AM to 9:39 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 132
NOTICE re: Request for Judicial Notice by Grand Canyon University re: #131 Statement of Facts, #130 First MOTION for Summary Judgment . (Attachments: #1 Exhibit Exhibits 15-21)(Honecker, Kathryn)
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Filing 131
STATEMENT OF FACTS re: #130 First MOTION for Summary Judgment by Defendant Grand Canyon University. (Attachments: #1 Attachment Declaration of J Kardassakis, #2 Attachment Declaration of S Castro, #3 Attachment Declaratio of T Griffin, #4 Attachment Declaration of J West, #5 Attachment Declaration of J Kossler)(Honecker, Kathryn)
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Filing 130
First MOTION for Summary Judgment by Grand Canyon University. (Honecker, Kathryn)
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Filing 129
First NOTICE of Deposition of Benjamin Wilner, filed by Carson Little. (Reasons, Laura)
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Filing 128
ORDER resetting the Telephonic Trial Setting Conference presently set for 5/4/2023 at 8:45 AM to 5/1/2023 at 09:30 AM (15 minutes allowed) before Judge Susan M. Brnovich. Ordered by Judge Susan M. Brnovich. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 127
NOTICE re: Designation of Confidential Deposition Testimony (Junette West 30(b)(6)) by Grand Canyon University re: #110 Protective Order . (Honecker, Kathryn)
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Filing 126
NOTICE re: Designation of Confidential Deposition Testimony (Tim Griffin 30(b)(6)) by Grand Canyon University re: #110 Protective Order . (Honecker, Kathryn)
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Filing 125
NOTICE re: Designation of Confidential Deposition Testimony (Bill Brehm) by Grand Canyon University . (Honecker, Kathryn)
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Filing 124
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Discovery Dispute Hearing held on 10/12/2022. Discussion held regarding Defendant's Request for Interrogatories and Request for production of documents. The Court will not require the Plaintiff to supplement their responses but will put the parties on notice that should this case proceed to trial the Court will not allow a contractual term that was not identified during discovery. APPEARANCES: Telephonic appearance by Peter Soldato for Plaintiff. Telephonic appearance by Jon Kardassakis and Kathryn Honecker for Defendant. (Court Reporter Christine Coaly) Hearing held 11:07 AM to 11:32 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 123
ORDER setting a Telephonic Discovery Dispute Hearing for 10/12/2022 at 11:00 AM (15 minutes allowed) before Judge Susan M. Brnovich. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 122
NOTICE re: Defendant's Notice of Designation of Confidential Deposition Testimony (James Kossler) by Grand Canyon University . (Honecker, Kathryn)
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Filing 121
Second AMENDED NOTICE of Deposition of Nick Hedman, filed by Grand Canyon University. (Honecker, Kathryn)
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Filing 120
Second AMENDED NOTICE of Deposition of Adam Veenstra, filed by Grand Canyon University. (Honecker, Kathryn)
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Filing 119
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Discovery Dispute Hearing held on 9/14/2022. Arguments held regarding Plaintiff's Interrogatory Nos. 18 and 19. The Court will not require defendant to answer Interrogatory No. 18. Plaintiff is directed to provide the Court with the request for admission and the responses provided by Defendant for review. A separate order will issue with respect to No. 19. APPEARANCES: Telephonic appearance by Matthew Miller, Laura Reasons and Peter Soldato for Plaintiff. Telephonic appearance by Kathryn Honecker for Defendant. (Court Reporter Christine Coaly) Hearing held 11:03 AM to 11:23 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 118
ORDER: IT IS ORDERED setting a telephonic discovery dispute hearing on September 14, 2022 at 11:00 a.m. (30 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. The parties are directed to email the court the first and second set of interrogatories no later than noon on September 13, 2022. Ordered by Judge Susan M Brnovich on 9/9/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MJW)
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Filing 117
NOTICE re: Defendant's Amended Privilege Log by Grand Canyon University . (Honecker, Kathryn)
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Filing 116
NOTICE re: Defendant's Privilege Log by Grand Canyon University . (Honecker, Kathryn)
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Filing 115
ORDER denying (84) Motion to Consolidate Cases in case 2:20-cv-00795-SMB; denying (66) Motion to Consolidate Cases in case 2:20-cv-01007-SMB. See document for further details. Signed by Judge Susan M Brnovich on 8/01/2022. (Associated Cases: 2:20-cv-00795-SMB, 2:20-cv-01007-SMB) (REK)
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Filing 114
SCHEDULING ORDER: Discovery due by 11/17/2022. Dispositive motions due by 4/20/2023. On 5/4/2023 at 8:45 a.m. (15 minutes allowed), the court will conduct a telephonic trial setting conference. Participants shall have their calendars available for the conference. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 7/21/2022. (ESG)
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Filing 113
MINUTE ENTRY for proceedings held before Judge Susan M Brnovich: Telephonic Status Conference held on 7/21/2022. New case management deadlines are discussed. Written order to follow. APPEARANCES: Telephonic appearance by Peter Soldato for Plaintiff and Class. Telephonic appearance by Kathryn Honecker for Defendant. (Court Reporter Catherine Taylor.) Hearing held 8:46 AM to 8:52 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 112
ORDER The Court docket shows a pending Consent Motion for Extension of Time (Doc. #82 ) filed April 21, 2022. However, the Court granted a later filed motion that vacated all current deadlines and set a new scheduling conference. Therefore, IT IS ORDERED denying The Consent Motion for Extension of Time (Doc. #82 ) as moot. Ordered by Judge Susan M. Brnovich.(ESG)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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Filing 111
ORDER sustaining GCU's objection to the deposition and denying Plaintiff's request to depose Brian Mueller. Signed by Judge Susan M Brnovich on 7/6/2022. (ESG)
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Filing 110
PROTECTIVE ORDER For good cause shown under Fed. R. Civ. P. 26(c), the court grants the parties' joint request and hereby enters the following Protective Order. Signed by Judge Susan M. Brnovich on 6/28/2022. (ESG)
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Filing 109
ORDER that the #83 Motion for Order approving Class Notice is granted with amendments listed. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 6/28/2022. (Attachments: #1 Exclusion Request Form, #2 Long Form Notice) (ESG)
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Filing 108
ORDER that the #95 Motion for Protective Order is granted to the extent it requests a protective order and denied to the extent it asks for blanket undesignation of documents before trial. The Protective Order will issue separately. Signed by Judge Susan M. Brnovich on 6/27/2022. (ESG)
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Filing 107
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Discovery Dispute Hearing held on 6/23/2022. Oral argument held regarding Defendant's request to depose absent class members and Plaintiff's friends and family. IT IS ORDERED that any depositions that take place be limited to challenging Plaintiff's individual claim and not to challenging class as a whole or talking to these people about their potential class membership. IT IS FURTHER ORDERED that the depositions be limited to three hours and that GCU start with four depositions. APPEARANCES: Telephonic appearance by Peter Soldato, Laura Reasons and Adam Levitt for Plaintiff. Telephonic appearance by Kathryn Honecker and Jon Kardassakis for Defendant (Court Reporter Christine Coaly) Hearing held 3:02 PM to 3:31 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) Modified on 6/27/2022 (ESG).
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Filing 106
ORDER granting the Joint Stipulated #103 Motion to Extend Deadlines. All current deadlines, including those for fact discovery, Plaintiffs expert disclosures, Defendants expert disclosures, expert depositions, and dispositive motions, are hereby vacated. The current trial setting conference is also vacated. Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Pre-Trial Status Conference is set for 7/21/2022 at 8:45 a.m. (15 minutes allowed). See attached Order for complete details.. Signed by Judge Susan M. Brnovich on 6/23/2022. (ESG)
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Filing 105
IT IS ORDERED the Telephonic Discovery Dispute Hearing presently set for 6/23/2022 at 4:00 PM is RESET AS TO TIME ONLY!! Discovery Dispute Hearing reset for 6/23/2022 at 3:00 PM (30 minutes allowed). The parties will receive dial-in instructions via electronic mail prior to the hearing. Ordered by Judge Susan M. Brnovich. (ESG)(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry)
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Filing 104
REPLY to Response to Motion re: #83 MOTION to Certify Class Plaintiff's Motion for Order Approving Class Notice filed by Carson Little. (Levitt, Adam)
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Filing 103
MOTION for Extension of Time JOINT STIPULATED MOTION TO EXTEND DEADLINES AND FOR STATUS CONFERENCE by Carson Little. (Attachments: #1 Proposed Order)(Reasons, Laura)
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Filing 102
ORDER granting Plaintiff's Unopposed #101 Motion for Extension of Time. Plaintiff's Reply in Further Support of Motion for Order Approving Class Notice must be filed on or before June 17, 2022. Signed by Judge Susan M. Brnovich on 6/16/2022. (ESG)
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Filing 101
Consent MOTION for Extension of Time to extend deadline for plaintiff's reply in further support of motion for order approving class notice by Carson Little. (Reasons, Laura)
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Filing 100
ORDER setting a Telephonic Discovery Dispute Hearing for 6/23/2022 at 04:00 PM (30 minutes allowed) before Judge Susan M Brnovich. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. Ordered by Judge Susan M. Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 99
*REPLY to Response to Motion re: #95 MOTION for Protective Order by Plaintiff Carson Little. (Levitt, Adam) *Modified to correct event, text, and add document link on 6/10/2022 (REK).
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Filing 98
REPORT of Settlement Talks/Discussions JOINT REPORT ON SETTLEMENT TALKS by Carson Little. (Reasons, Laura)
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Remark: Pro hac vice motion(s) granted for Peter Carmen Soldato on behalf of Plaintiff Carson Little. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 97
RESPONSE in Opposition re: #95 MOTION for Protective Order PLAINTIFFS MOTION FOR ENTRY OF PROTECTIVE ORDER filed by Grand Canyon University. (Attachments: #1 Proposed Order Exhibit A)(Honecker, Kathryn)
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Filing 96
RESPONSE in Opposition re: #83 MOTION to Certify Class Plaintiff's Motion for Order Approving Class Notice filed by Grand Canyon University. (Attachments: #1 Exhibit Exhibits A-C to Opposition, #2 Exhibit Declaration of Kathryn Honecker ISO Opposition)(Honecker, Kathryn)
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Filing 95
MOTION for Protective Order PLAINTIFFS MOTION FOR ENTRY OF PROTECTIVE ORDER by Carson Little. (Attachments: #1 Exhibit 1)(Levitt, Adam)
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Filing 94
REPLY to Response to Motion re: (84 in 2:20-cv-00795-SMB) MOTION to Consolidate Cases filed by Carson Little. (Associated Cases: 2:20-cv-00795-SMB, 2:20-cv-01007-SMB) (Barrett, Gerald)
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Filing 93
REPLY to Response to Motion re: (84 in 2:20-cv-00795-SMB) MOTION to Consolidate Cases filed by Seth Hannibal-Fisher, David Tran. (Associated Cases: 2:20-cv-01007-SMB, 2:20-cv-00795-SMB) (Barrett, Gerald)
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Filing 92
ORDER pursuant to #91 Stipulation and Joint Motion to Extend Briefing Schedule, IT IS HEREBY ORDERED Defendant's response to Plaintiff's #83 Motion for Order Approving Class Notice is due on or before May 25, 2022; andPlaintiff's reply regarding his Motion for Order Approving Class Notice is due on or before June 15, 2022. Signed by Judge Susan M. Brnovich on 5/17/2022. (ESG)
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Filing 91
STIPULATION re: #83 MOTION to Certify Class Plaintiff's Motion for Order Approving Class Notice by Grand Canyon University. (Attachments: #1 Proposed Order)(Honecker, Kathryn)
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Filing 90
RESPONSE to Motion re: (84 in 2:20-cv-00795-SMB, 84 in 2:20-cv-00795-SMB) MOTION to Consolidate Cases filed by Grand Canyon University. (Attachments: #1 Exhibit Declaration of K Honecker, #2 Exhibit Exhibits A to G) (Associated Cases: 2:20-cv-00795-SMB, 2:20-cv-01007-SMB) (Honecker, Kathryn)
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Filing 89
*RESPONSE to Motion re: (84 in 2:20-cv-00795-SMB, 84 in 2:20-cv-00795-SMB) MOTION to Consolidate Cases filed by Grand Canyon University. (Attachments: #1 Exhibit Declaration of K Honecker) (Associated Cases: 2:20-cv-00795-SMB, 2:20-cv-01007-SMB) (Honecker, Kathryn) *INCOMPLETE PDF ATTACHED REFILED AT DOC. #90 Modified on 5/12/2022 (ESG).
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Filing 88
RESPONSE to Motion re: ( #84 in 2:20-cv-00795-SMB) MOTION to Consolidate Cases filed by Carson Little. (Associated Cases: 2:20-cv-00795-SMB, 2:20-cv-01007-SMB) (LAD) (Redocketed by the clerk to use correct event)
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Filing 87
*RESPONSE in Opposition re: #84 MOTION to Consolidate Cases filed by Carson Little. (Levitt, Adam) *Modified to reflect incorrect event, attorney noticed on 5/10/2022 (LAD).
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Filing 86
ORDER that Plaintiff's Clarification in Support of Request to Depose Brian Mueller, (Doc. #81 ), is stricken. Signed by Judge Susan M. Brnovich on 5/4/2022. (ESG)
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Filing 85
*OBJECTION re: #81 Notice Plaintiff's Unauthorized "Clarification in Support of Request to Depose Brian Mueller" by Defendant Grand Canyon University. (Honecker, Kathryn) *Modified to add document link on 4/29/2022 (REK).
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Filing 84
MOTION to Consolidate Cases by Seth Hannibal-Fisher, David Tran. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order) (Associated Cases: CV-20-01007-PHX-SMB,CV-20-00795-PHX-SMB) (Barrett, Gerald)
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Filing 83
MOTION to Certify Class Plaintiff's Motion for Order Approving Class Notice by Carson Little. (Attachments: #1 Exhibit 1 - Declaration of Steven Weisbrot, Esq., #2 Exhibit 2 - Short Form Notice, #3 Exhibit 3 - Long Form Notice, #4 Exhibit 4 - Exclusion Request Form, #5 Proposed Order)(Levitt, Adam)
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Filing 82
Consent MOTION for Extension of Time to Complete Discovery and other deadlines by Carson Little. (Reasons, Laura)
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Filing 81
STRICKEN PER ORDER (DOC. #86 ) NOTICE re: PLAINTIFFS CLARIFICATION IN SUPPORT OF REQUEST TO DEPOSE BRIAN MUELLER by Carson Little . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Levitt, Adam) Modified on 5/4/2022 (ESG).
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Filing 80
NOTICE re: Defendant's Brief re Plaintiff's Request to Depose GCU President Brian Mueller by Grand Canyon University . (Attachments: #1 Affidavit Honecker Declaration, #2 Exhibit A-E - Honecker Dec, #3 Affidavit Griffin Declaration)(Honecker, Kathryn)
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Filing 79
NOTICE re: PLAINTIFFS BRIEF IN SUPPORT OF REQUEST TO DEPOSE BRIAN MUELLER by Carson Little . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Levitt, Adam)
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Filing 78
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Discovery Dispute Hearing held on 4/13/2022. Discussion held. The parties are directed file simultaneous briefs on the discovery dispute issue by no later than Wednesday, April 20, 2022. Each party shall submit be no more than five (5) pages. APPEARANCES: Telephonic appearance by Matthew Miller, Laura Reasons and Adam Levitt for Plaintiff. Telephonic appearance by Kathryn Honecker for Defendant (Court Reporter Christine Coaly) Hearing held 9:15 AM to 9:29 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 77
ORDER setting a Telephonic Discovery Dispute Hearing for 4/13/2022 at 09:30 AM (15 minutes allowed) before Judge Susan M Brnovich. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. Ordered by Judge Susan M Brnovich. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 76
ORDER appointing Plaintiff Carson Little as Class Representative and Plaintiff's counsel Adam J. Levitt, of DiCello Levitt Gutzler LLC, and Matthew S. Miller, of Matthew S. Miller LLC as Class Counsel, pursuant to Federal Rule of Civil Procedure 23(a)(4) and (g). the Court hereby orders Plaintiff to file within 30 days of this Order a motion to approve a program to provide notice to absent class members pursuant to Rule 23(c)(2)(B). If Plaintiff's motion to approve a class notice program is opposed, in whole or in part, Defendant shall file a response within 21 days thereafter, and Plaintiff shall file a reply within 10 days thereafter. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 3/25/2022. (ESG)
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Filing 75
REPLY to Response to Motion re: #73 MOTION to Certify Class in further support of motion for entry of order granting in part plaintiff's amended motion to appoint class representative and class counsel filed by Carson Little. (Levitt, Adam)
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Filing 74
RESPONSE to Motion re: #73 MOTION to Certify Class, #57 MOTION to Certify Class and Appoint Class Representative and Class Counsel filed by Grand Canyon University. (Honecker, Kathryn)
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Filing 73
*MOTION to Certify Class (Titled: Motion for Entry of Order Granting in Part Plaintiff's Amended Motion to Appoint Class Representative and Class Counsel) by Carson Little. (Attachments: #1 Proposed Order (Levitt, Adam) *Modified to correct motion type and text on 2/25/2022 (REK).
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Filing 72
ORDER granting in part and denying in part Plaintiff's #57 Motion for Class Certification as outlined above. The Court will certify Plaintiff's breach of contract claims but will not certify his unjust enrichment claims. IT IS FURTHER ORDERED striking Plaintiff's #62 First Notice of Supplemental Authority from the docket. IT IS FURTHER ORDERED that the class definition will be amended as outlined above. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 1/28/2021. (ESG)
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Filing 71
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Motion Hearing held on 1/25/2022. Oral argument presented as to Plaintiff's #57 Motion for Class Certification. The motion is taken under advisement. APPEARANCES: Adam Levitt, Matthew Miller and Laura Reasons for Plaintiff. Kathryn Honecker for Defendant. All parties appearing via Zoom. (Court Reporter Barbara Stockford) Hearing held 10:03 AM to 10:38 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 70
ORDER granting #69 Motion for Leave to Appear Remotely. The parties will receive instructions for connecting to the Zoom videoconference via electronic mail prior to the hearing. Signed by Judge Susan M. Brnovich on 1/14/2022. (ESG)
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Filing 69
Joint MOTION for Leave to Appear Remotely by Carson Little. (Attachments: #1 Proposed Order)(Reasons, Laura)
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Filing 68
NOTICE re: PLAINTIFF'S THIRD NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFF'S AMENDED MOTION FOR CLASS CERTIFICATION by Carson Little . (Attachments: #1 Exhibit A)(Levitt, Adam)
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Filing 67
IT IS ORDERED setting oral argument as to the #57 MOTION to Certify Class and Appoint Class Representative and Class Counsel filed by Carson Little. Motion Hearing set for 1/25/2022 at 10:00 AM (30 minutes allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. Ordered by Judge Susan M Brnovich. (ESG) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
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Filing 66
ORDER granting #65 Joint Motion to Extend Discovery and Other Deadlines. Fact Discovery due by 5/4/2022. Dispositive motions due by 10/20/2022. Trial Setting Conference reset to 11/3/2022 at 08:45 AM. See the attached order for additional information. Signed by Judge Susan M. Brnovich on 12/28/2021. (RMW)
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Filing 65
MOTION for Extension of Time JOINT MOTION TO EXTEND DISCOVERY AND OTHER DEADLINES by Carson Little. (Attachments: #1 Proposed Order ON THE PARTIES JOINT MOTION TO EXTEND DISCOVERY AND OTHER DEADLINES)(Reasons, Laura)
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Filing 64
NOTICE re: PLAINTIFFS SECOND NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION by Carson Little . (Attachments: #1 Exhibit A)(Reasons, Laura)
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Filing 63
OBJECTION re: #62 Notice (Other) to Plaintiff's First Notice of Supplemental Authority ISO Plaintiff's Amended Motion for Class Certification by Defendant Grand Canyon University. (Honecker, Kathryn)
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Filing 62
*STRICKEN PER ORDER #72 NOTICE re: FIRST NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING PLAINTIFF'S AMENDED MOTION FOR CLASS CERTIFICATION by Carson Little . (Attachments: #1 Exhibit A, #2 Exhibit B)(Levitt, Adam) Modified on 1/28/2022 (ESG).
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Filing 61
REPLY to Response to Motion re: #57 MOTION to Certify Class and Appoint Class Representative and Class Counsel filed by Carson Little. (Levitt, Adam)
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Filing 60
RESPONSE in Opposition re: #57 MOTION to Certify Class and Appoint Class Representative and Class Counsel filed by Grand Canyon University. (Attachments: #1 Affidavit /Declaration of Kathryn Honecker, #2 Exhibit A to Honecker Declaration, #3 Exhibit 1 (Declaration of Matt Lamb))(Kardassakis, Jon)
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Filing 59
ORDER the #58 Stipulation for Extension of Time is granted. Defendant's opposition brief regarding Plaintiff's Amended #57 Motion for Class Certification and Appointment of Class Representative and Class Counsel shall be due on or before 11/03/2021; and Plaintiff's reply brief regarding Plaintiff's Amended Motion for Class Certification and Appointment of Class Representative and Class Counsel shall be due on or before 11/17/2021. Signed by Judge Susan M. Brnovich on 10/20/2021. (ESG)
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Filing 58
First MOTION for Extension of Time Extend Briefing Schedule on Plaintiff's Amended Motion for Class Certification and Appointment of Class Representative and Class Counsel by Grand Canyon University. (Attachments: #1 Proposed Order)(Honecker, Kathryn)
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Filing 57
AMENDED MOTION to Certify Class and Appoint Class Representative and Class Counsel by Carson Little. (Attachments: #1 Exhibit A - Redline Amended Motion vs. Original Motion)(Levitt, Adam)
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Filing 56
ORDER denying Plaintiff's #29 Motion for Class Certification and Appointment of Class Representative and Class Counsel without prejudice. Signed by Judge Susan M. Brnovich on 9/20/2021. (ESG)
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Filing 55
NOTICE re: Notice of Service of Plaintiff's Rule 26(a)(1) Disclosures by Carson Little . (Reasons, Laura)
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Filing 54
*NOTICE of Service of Discovery by Grand Canyon University. (Honecker, Kathryn) *Modified to correct event on 7/9/2021 (DXD).
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Filing 53
REPLY to Response to Motion re: #29 MOTION to Certify Class and appoint class representative and class counsel filed by Carson Little. (Attachments: #1 Exhibit 1 - S. Castro Deposition Excerpts/Exhibits, #2 Exhibit 2 - J. West Deposition Excerpts)(Levitt, Adam)
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Filing 52
CASE MANAGEMENT ORDER: Discovery due by 2/4/2022. Dispositive motions due by 7/22/2022. IT IS ORDERED the 5/26/2021 Rule 16 Case Management Conference is vacated. On 8/5/2022 at 8:45 a.m. (15 minutes allowed), the court will conduct a telephonic trial setting conference. Participants shall have their calendars available for the conference. Plaintiff shall initiate the conference call by arranging for the presence of all other attorneys and self-represented parties, and by calling chambers at the scheduled time. Signed by Judge Susan M. Brnovich on 5/21/2021. (ESG)
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Filing 51
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) (JOINT RULE 26(f) CASE MANAGEMENT REPORT) filed by Defendant Grand Canyon University. (Honecker, Kathryn)
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Filing 50
ORDER that the Joint #49 Motion to Extend Deadline is GRANTED. The deadline for Plaintiff to file his Reply in Further Support of #29 Motion for Class Certification is extended, through and including 6/1/2021. Signed by Judge Susan M. Brnovich on 4/21/2021. (ESG)
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Filing 49
*Joint MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Certify Class and appoint class representative and class counsel by Carson Little. (Reasons, Laura) *Modified text and added document link on 4/21/2021 (REK).
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Filing 48
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Telephonic Case Management Conference is set for 5/26/2021 at 9:00 a.m. (15 minutes allowed). The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. See attached order for complete details. Signed by Judge Susan M. Brnovich on 4/15/2021. (ESG)
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Filing 47
ANSWER to #1 Complaint (Class Action) by Grand Canyon University.(Honecker, Kathryn)
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Filing 46
RESPONSE in Opposition re: #29 MOTION to Certify Class and appoint class representative and class counsel filed by Grand Canyon University. (Attachments: #1 Affidavit Declaration of Kathryn Honecker & Exh. A, #2 Affidavit Declaration of Junette West, #3 Affidavit Declaration of Sarah Castro & Exh. 1-5)(Kardassakis, Jon)
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Filing 45
ORDER pursuant to the parties' #44 Stipulation For Extension of Time To Answer Complaint. IT IS HEREBY ORDERED that Defendant's Answer to Plaintiff's Original Class Action Complaint is due on or before April 13, 2021. Signed by Judge Susan M. Brnovich on 3/16/2021. (ESG)
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Filing 44
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Grand Canyon University. (Attachments: #1 Text of Proposed Order Proposed Order re Ext to file Answer)(Honecker, Kathryn)
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Filing 43
ORDER that Defendant's Opposition to Plaintiff's #29 Motion for Class Certification will be due for filing on before April 6, 2021, and Plaintiff's reply will be due for filing on or before May 4, 2021. Signed by Judge Susan M. Brnovich on 2/26/2021. (ESG) *Docket text modified on 2/26/2021 to correct document number. (ESG)
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Filing 42
Joint MOTION for Extension of Time to File Response/Reply as to #32 Stipulation, #29 MOTION to Certify Class and appoint class representative and class counsel by Grand Canyon University. (Attachments: #1 Text of Proposed Order Proposed Order)(Honecker, Kathryn)
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Filing 41
First NOTICE of Deposition of Carson Little, filed by Grand Canyon University. (Honecker, Kathryn)
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Filing 40
ORDER granting in part and denying in part Defendant's Motion to Dismiss #14 . The claims for conversion are dismissed without leave to amend. Signed by Judge Susan M Brnovich on 1/29/2021. (REK)
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Filing 39
MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Telephonic Motion Hearing held on 1/28/2021. Oral arguments held regarding Defendant's #14 Motion to Dismiss. The motion is taken under advisement. APPEARANCES: Telephonic appearance by Laura Reasons, Adam Levitt, Matthew Miller and Robert Ryan for Plaintiff. Telephonic appearance by Kathryn Honecker for Defendant (Court Reporter Christine Coaly) Hearing held 10:01 AM to 10:46 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 38
*NOTICE of Errata re: #36 re Defendant's Third Notice of Filing Supplemental Authoirty in Support of Its Motion to Dismiss by Defendant Grand Canyon University. (Attachments: #1 Exhibit B)(Honecker, Kathryn) *Modified to add document link on 1/29/2021 (REK).
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Filing 37
NOTICE re: Fourth Supplemental Authority by Carson Little re: #14 First MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit A - Garland v. WMU, #2 Exhibit B - Doe v. Emory)(Levitt, Adam)
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Filing 36
NOTICE re: Third Supplemental Authority In Support of Defendant's Motion to Dismiss by Grand Canyon University . (Attachments: #1 Exhibit A)(Honecker, Kathryn)
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Filing 35
ORDER granting the Joint #34 Motion for Leave to Appear Telephonically at the January 28, 2021 oral argument in relation to Defendant's motion to dismiss. The parties will receive dial-in instructions for connecting to the teleconference via electronic mail prior to the hearing. Signed by Judge Susan M. Brnovich on 1/06/2021. (ESG)
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Filing 34
Joint MOTION Leave to Appear at Oral Argument by Video or Phone by Carson Little. (Attachments: #1 Text of Proposed Order Proposed Order Granting Leave to Appear by Video or Phone)(Ryan, Robert)
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Filing 33
ORDER setting Oral Arguments re: Grand Canyon University's #14 First MOTION to Dismiss for Failure to State a Claim for 1/28/2021 at 10:00 a.m. (45 mins allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M. Brnovich. ORDERED by Judge Susan M Brnovich on 12/30/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 32
STIPULATION AND JOINT MOTION TO STAY AND SET BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION FOR CLASS CERTIFICATION by Grand Canyon University. (Attachments: #1 Text of Proposed Order)(Honecker, Kathryn)
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Filing 31
SUPPLEMENT Plaintiff's Third Notice of Supplemental Authority Regarding Defendant's Motion to Dismiss by Plaintiff Carson Little. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Levitt, Adam)
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Filing 30
NOTICE re: Second Supplemental Authority in Support of Motion to Dismiss by Grand Canyon University re: #28 Notice (Other) . (Attachments: #1 Exhibit A)(Healy, Sean)
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Filing 29
MOTION to Certify Class and appoint class representative and class counsel by Carson Little. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Levitt, Adam)
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Filing 28
*NOTICE re: Defendant's Supplemental Authority by Grand Canyon University re: #14 MOTION to Dismiss for Failure to State a Claim , #25 Notice (Other), #27 Objection, #26 Notice (Other) . (Attachments: #1 Exhibit A&B)(Honecker, Kathryn) *Modified to link Motion on 10/23/2020 (WLP).
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Filing 27
OBJECTION re: #25 Notice (Other), #26 Notice (Other) to Plaintiff's Notices of Filing Supplemental Authority in Support of Its Motion to Dismiss by Defendant Grand Canyon University. (Honecker, Kathryn)
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Filing 26
NOTICE re: Supplemental Authority by Carson Little re: #14 First MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Levitt, Adam)
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Filing 25
NOTICE re: Supplemental Authority by Carson Little re: #14 First MOTION to Dismiss for Failure to State a Claim . (Attachments: #1 Exhibit 1 - Milanov v. Univ. of Mich., #2 Exhibit 2 - McDermott v. OSU)(Reasons, Laura)
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Filing 24
NOTICE of Errata re: #22 Reply to Response to Motion, #23 Reply to Response to Motion by Defendant Grand Canyon University.. (Honecker, Kathryn)
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Filing 23
REPLY to Response to Motion re: #14 First MOTION to Dismiss for Failure to State a Claim CORRECTION OF DOCKET #22 filed by Grand Canyon University. (Honecker, Kathryn)
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Filing 22
*Re-filed at #23 -- REPLY to Response to Motion re: #14 First MOTION to Dismiss for Failure to State a Claim filed by Grand Canyon University. (Honecker, Kathryn) *Modified on 8/18/2020 (WLP).
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Filing 21
ORDER pursuant to the #20 Stipulation to Extend Time, IT IS HEREBY ORDERED that Defendant's Reply in support of its Motion to Dismiss will now be due for filing on or before 8/17/2020. Signed by Judge Susan M. Brnovich on 8/06/2020. (ESG)
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Filing 20
STIPULATION to Extend Time for Defendant's Reply In Support of Motion to Dismiss (First Request) by Grand Canyon University. (Attachments: #1 Text of Proposed Order)(Honecker, Kathryn)
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Filing 19
RESPONSE in Opposition re: #14 First MOTION to Dismiss for Failure to State a Claim filed by Carson Little. (Attachments: #1 Appendix A)(Levitt, Adam)
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Remark: Pro hac vice motion(s) granted for Jon Peter Kardassakis on behalf of Defendant Grand Canyon University. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Out of state attorney Jon Peter Kardassakis removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 18
ORDER pursuant to #17 Stipulation to Extend Motion to Dismiss Briefing Schedule; IT IS HEREBY ORDERED that Plaintiff's response to the Motion to Dismiss will now be due for filing on or before 7/20/2020. Defendant's reply will be due for filing on or before 8/10/2020. Signed by Judge Susan M. Brnovich on 7/01/2020. (ESG)
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Filing 17
STIPULATION to extend Motion to Dismiss Briefing Schedule by Carson Little. (Attachments: #1 Text of Proposed Order)(Ryan, Robert)
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Filing 16
ORDER granting the #13 Motion for Substitution of Counsel. It is hereby ORDERED that the law firm of Lewis Brisbois Bisgaard & Smith, LLP (Sean P. Healy, Jon P. Kardassakis, and Kathryn Honecker) is substituted as counsel of record for Defendant Grand Canyon University in place of Snell & Wilmer, L.L.P. (Jennifer Hadley Catero and Adam Lang) for all further purposes in this matter. Signed by Judge Susan M. Brnovich on 6/17/2020. (ESG)
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Filing 15
Additional Attachments to Main Document re: #14 First MOTION to Dismiss for Failure to State a Claim Request for Judicial Notice by Defendant Grand Canyon University. (Healy, Sean)
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Filing 14
First MOTION to Dismiss for Failure to State a Claim by Grand Canyon University. (Attachments: #1 Affidavit /Declaration of Kathryn Honecker, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Healy, Sean)
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Filing 13
First MOTION to Substitute Attorney (Application & Consent) by Grand Canyon University. (Attachments: #1 Text of Proposed Order)(Healy, Sean)
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Filing 12
ORDER the #11 Stipulation is GRANTED. Defendant Grand Canyon University shall have through and including June 17, 2020 to answer or otherwise respond to Plaintiff's Original Class Action Complaint. Signed by Judge Susan M. Brnovich on 5/14/2020. (ESG)
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Filing 11
STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Joint) by Grand Canyon University. (Attachments: #1 Text of Proposed Order)(Catero, Jennifer)
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Filing 10
NOTICE of Appearance by Jennifer Hadley Catero on behalf of Grand Canyon University. (Catero, Jennifer)
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Remark: Pro hac vice motion(s) granted for Matthew S Miller on behalf of Plaintiff Carson Little. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Remark: Pro hac vice motion(s) granted for Adam J Levitt, Amy E Keller, Laura E Reasons on behalf of Plaintiff Carson Little. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
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Filing 9
SERVICE EXECUTED filed by Carson Little: Certificate of Service re: Summons, Complaint, Order Re: Motions to Dismiss upon Grand Canyon University on April 27, 2020. (Ryan, Robert)
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Filing 8
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 7/23/2020. Signed by Judge Susan M. Brnovich on 4/24/2020. (ESG)
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Filing 7
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 4/24/2020. (ESG)
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Filing 6
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 4/24/2020. (ESG)
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Filing 5
Summons Issued as to Grand Canyon University. (WLP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
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Filing 4
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (WLP)
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Filing 3
Filing fee paid, receipt number 0970-18214188. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-20-00795-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (WLP)
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Filing 2
SUMMONS Submitted by Carson Little. (Ryan, Robert) (WLP)
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Filing 1
COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-18214188 filed by Carson Little. (Ryan, Robert) (Attachments: #1 Civil Cover Sheet)(WLP)
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