Smith v. Alphabet, Inc. et al
| Mandy Smith |
| Alphabet, Inc. and Google LLC |
| 1:2026cv00006 |
| January 2, 2026 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Susan Prose |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 20, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 COURTROOM MINUTES for Scheduling Conference held on 4/20/2026 before Magistrate Judge Susan Prose. For the reasons stated on the record, it is ORDERED:Because Defendants' Motion to Dismiss (ECF No. #18 ) raises various threshold issues, including that the case cannot proceed because it is timebarred, the court is persuaded that Defendants have met the factors of String Cheese Incident, LLC v. Stylus Shows, Inc., No. 05-cv-01934-LTBPAC, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006), as required to show that a stay is warranted in the court's discretion. See, e.g., Lucero v. City of Aurora, No. 23-cv-00851-GPG-SBP, 2023 WL 5957126, at *2 (D. Colo. Sept. 13, 2023). Accordingly, the #28 Motion to Stay is GRANTED. Discovery is stayed until the court resolves the #18 Motion to Dismiss. Accordingly, if the Motion to Dismiss is denied at least in part, the parties shall email # [email protected] within three business days to set the scheduling conference. FTR: A 502. (sjeff) |
| Filing 32 REPLY to Response to #28 MOTION to Stay Discovery and Further Proceedings filed by Defendants Alphabet, Inc., Google LLC. (Sutz, Jesse) |
| Filing 31 Proposed Scheduling Order by Defendants Alphabet, Inc., Google LLC. (Sutz, Jesse) |
| Filing 30 RESPONSE to #28 MOTION to Stay Discovery and Further Proceedings Mandy Smith filed by Plaintiff Mandy Smith. (Smith, Mandy) |
| Filing 29 MEMORANDUM regarding #28 MOTION to Stay Discovery and Further Proceedings filed by Google LLC, Alphabet, Inc.. Motion referred to Magistrate Judge Susan Prose, by Judge Philip A. Brimmer on 4/6/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (pablc9, ) |
| Filing 28 MOTION to Stay Discovery and Further Proceedings by Defendants Alphabet, Inc., Google LLC. (Sutz, Jesse) |
Filing 27
ORDER by Magistrate Judge Susan Prose on 03/27/2026. This matter is before the court sua sponte. In reviewing the parties' Proposed Scheduling Order (ECF No. #26 ), the court notes Defendant's position that discovery is "premature" in this case given the pending Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6). Ordinarily, this court does not stay discovery simply because a Rule 12(b)(6) motion is pending. See, e.g., Lucero v. City of Aurora, No. 23-cv-00851-GPG-SBP, 2023 WL 5957126, at *2 (D. Colo. Sept. 13, 2023). Notwithstanding Defendant's position as stated in the parties' Proposed Scheduling Order, Defendant has failed to address the factors set forth in String Cheese Incident, LLC v. Stylus Shows, Inc., No. 05-cv-01934-LTB-PAC, 2006 WL 894955 at *2 (D. Colo. Mar. 30, 2006), as required to show such a stay is warranted in the court's discretion. The court advises Defendant it will not evaluate any request to stay discovery absent a motion and full briefing relative to the factors discussed in the String Cheese case.In light of this issue, the court finds that the Scheduling Conference set for April 2, 2026 would be futile. Accordingly, the Scheduling Conference set for April 2, 2026 is VACATED. The parties are directed to conduct meaningful conferral regarding a discovery schedule in this case. The parties shall file an Amended Proposed Scheduling Order (including a copy in Word format to # [email protected])on or before April 13, 2026. The Fed. R. Civ. P. 16(b) Scheduling Conference is RESET, and shall be held on April 20, 2026, at 2:30 p.m. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speakerphone and Bluetooth connections. Text Only Entry (sjeff)
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| Filing 26 Proposed Scheduling Order by Defendants Alphabet, Inc., Google LLC. (Sutz, Jesse) |
| Filing 25 REPLY to Response to #18 MOTION to Dismiss First Amended Complaint PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE filed by Defendants Alphabet, Inc., Google LLC. (Attachments: #1 DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR REPLY TO PLAINTIFF'S OPPOSITION TO THEIR MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, #2 INDEX OF UNPUBLISHED OPINIONS IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO THEIR MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO RULE 12(B)(6) OF THE FEDERAL RULES OF CIVIL PROCEDURE)(Sutz, Jesse) |
| Filing 24 REPLY to Response to #18 MOTION to Dismiss First Amended Complaint Mandy Smith filed by Plaintiff Mandy Smith. (Attachments: #1 Exhibit Email from Plaintiff to EEOC raising age discrimination and disparate impact, #2 Exhibit Email from Plaintiff to EEOC providing ages of comparator employees, #3 Exhibit EEOC correspondence confirming Plaintiffs charge remained open and under investigation, #4 Exhibit Email from Plaintiff notifying Defendants of active EEOC charge and protected activity, #5 Exhibit EEOC correspondence confirming ongoing administrative processing of Plaintiffs charge, #6 Exhibit Email correspondence regarding Plaintiffs inability to access severance agreement portal, #7 Exhibit Emails from Plaintiff to EEOC requesting file, clarification, and guidance prior to filing deadline, #8 Exhibit EEOC correspondence confirming administrative shutdown and processing delays, #9 Exhibit Google internal ticket confirming Plaintiff lacked access to severance portal after termination)(Smith, Mandy) |
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 02/09/2026. Proposed scheduling order (including a copy in Word format to # [email protected]) due March 26, 2026. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on April 2, 2026, at 2:00 p.m. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speakerphone and Bluetooth connections. (sjeff)
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Filing 22
MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/5/2026, re: #11 Defendant Alphabet Inc. and Google LLC's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) of the Federal Rules of Civil Procedure DENIED without prejudice as moot.For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(sphil, )
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| Filing 21 MEMORANDUM regarding #18 MOTION to Dismiss First Amended Complaint filed by Google LLC, Alphabet, Inc. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 2/04/2026. Text Only Entry (pabsec, ) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Susan Prose for all motions. 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 non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored 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 Chief Judge Philip A. Brimmer on 2/04/2026. Text Only Entry (pabsec, )
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| Filing 19 CASE REASSIGNED Pursuant to #17 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-00006-PAB. (Text Only Entry) (ccuen, ) |
| Filing 18 MOTION to Dismiss First Amended Complaint by Defendants Alphabet, Inc., Google LLC. (Attachments: #1 Request for Judicial Notice, #2 Ex A to Request for Judicial Notice, #3 Ex B to Request for Judicial Notice, #4 Ex C to Request for Judicial Notice, #5 Ex D to Request for Judicial Notice, #6 Ex E to Request for Judicial Notice, #7 Ex F to Request for Judicial Notice, #8 Ex G to Request for Judicial Notice, #9 Index of Unpublished Opinions, #10 Ex A to Index of Unpublished Opinions, #11 Ex B to Index of Unpublished Opinions, #12 Ex C to Index of Unpublished Opinions, #13 Ex D to Index of Unpublished Opinions, #14 Ex E to Index of Unpublished Opinions, #15 Ex F to Index of Unpublished Opinions, #16 Ex G to Index of Unpublished Opinions, #17 Ex H to Index of Unpublished Opinions)(Sutz, Jesse) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendants Alphabet, Inc., Google LLC All parties do not consent.. (Sutz, Jesse) |
| Filing 16 AMENDED COMPLAINT First Amended Complaint against Alphabet, Inc., Google LLC, filed by Mandy Smith.(Smith, Mandy) |
| Filing 15 REPLY to Response to #11 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) of the Federal Rules of Civil Procedure filed by Plaintiff Mandy Smith. (Attachments: #1 Declaration of Mandy Smith, #2 Exhibit Index, #3 Exhibit Exhibit)(Smith, Mandy) |
| Filing 14 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Mandy Smith, sought and received e-filing privileges on 1/14/2026. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, ) |
| Filing 13 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ggill, ) |
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Filing 12
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). Accordingly, it is ORDERED that this case shall be DRAWN to a presiding judge and, if applicable, to a magistrate judge. By Magistrate Judge Richard T. Gurley on 1/9/2026. (Case randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings shall be designated to 26-cv-00006-SBP). For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ggill, )
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| Filing 11 MOTION to Dismiss Plaintiff's Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) of the Federal Rules of Civil Procedure by Defendants Alphabet, Inc., Google LLC. (Attachments: #1 Declaration of Emily Lirag iso Defendant Alphabet, Inc. and Google LLC's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) of the Federal Rules of Civil Procedure, #2 Index of Unpublished Opinions iso Defendant Alphabet, Inc. and Google LLC's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim Pursuant to Rule 12(B)(6) of the Federal Rules of Civil Procedure)(Sutz, Jesse) |
| Filing 10 NOTICE of Entry of Appearance Daniel E. Lassen by Jesse Daniel Sutz on behalf of Alphabet, Inc., Google LLC (Sutz, Jesse) |
| Filing 9 NOTICE of Entry of Appearance Brian L. Johnsrud by Jesse Daniel Sutz on behalf of Alphabet, Inc., Google LLC (Sutz, Jesse) |
| Filing 8 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eguth, ) |
| 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.) (eguth, ) |
| Filing 6 COMPLAINT for a Civil Case against Alphabet, Inc., Google LLC, filed by Mandy Smith.(eguth, ) |
| Filing 5 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal,, #3 Corporate Disclosure Statement filed by attorney Jesse Sutz. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) |
| Filing 4 SUPPLEMENT/AMENDMENT to #1 Notice of Removal,, STATE COURT REGISTER OF ACTIONS by Defendants ALPHABET, INC., a Delaware corporation, GOOGLE, LLC, a Delaware limited liability company. (Sutz, Jesse) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ALPHABET, INC., a Delaware corporation, Corporate Parent XXVI Holdings Inc. for ALPHABET, INC., a Delaware corporation, GOOGLE, LLC, a Delaware limited liability company. (Sutz, Jesse) |
| Filing 2 CERTIFICATE CIVIL CASE COVER SHEET re: #1 Notice of Removal,, by Defendants ALPHABET, INC., a Delaware corporation, GOOGLE, LLC, a Delaware limited liability company. (Attachments: #1 Supplemental Case Cover Sheet)(Sutz, Jesse) |
| Filing 1 NOTICE OF REMOVAL by GOOGLE, LLC, a Delaware limited liability company, ALPHABET, INC., a Delaware corporation from State Court of Boulder County, Case Number 25CV224. (Filing fee $ 405, Receipt Number ACODC-10741078), filed by GOOGLE, LLC, a Delaware limited liability company, ALPHABET, INC., a Delaware corporation. (Attachments: #1 Ex A. State Court Complaint, #2 Ex B. State Court Summons, #3 Ex C. State Court Civil Cover Sheet, #4 Ex D. State Court Order Concerning Payment of Fees)(Sutz, Jesse) |
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