Court of Appeals for the Ninth Circuit September 19, 2007, 05-16467 (Menken v. Emm)

Opinion by Judge SEABRIGHT; Partial Concurrence and Partial Dissent by Judge BYBEE.

*1054SEABRIGHT, District Judge.

On December 12, 2003, Plaintiff-Appellant David Menken (“Menken”) filed a Complaint in Arizona state court alleging negligence, interference with contractual relations, civil extortion, and a violation of Arizona Revised Statutes (“A.R.S.”) § 33-420.