Kaveh et al v. Starbucks Corporation
Filing
25
ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting 24 Report and Recommendations. Plaintiffs' disability discrimination claim under Title III of the Americans with Disabilities Act. Plaintiffs' religious discrimination claims under Title II of the Civil Rights Act and the Utah Civil Rights Act. The remaining requests in Defendant's 8 Motion to Dismiss are DENIED. Signed by District Judge Ann Marie McIff Allen on 1/24/2025. (mh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
HOSSEIN KAVEH, et al.
Plaintiffs,
v.
STARBUCKS CORPORATION,
Defendant.
ORDER ADOPTING REPORT AND
RECOMMENDATION
Case No. 2:24-cv-00291-AMA-DAO
District Judge Ann Marie McIff Allen
Magistrate Judge Daphne A. Oberg
Before the Court is the Report and Recommendation issued by United States Magistrate
Judge Daphne A. Oberg on January 3, 2025, recommending the Court grant in part and deny in
party Defendant Starbucks Corporation’s Motion to Dismiss.1
The parties were notified of their right to file objections to the Report and Recommendation
within fourteen days of service. 2 No party has filed any objection.
Having reviewed all relevant materials, including the reasoning set forth in the Magistrate
Judge’s Report and Recommendation, the Court adopts the recommendation, finding Plaintiffs
have not adequately pled claims of disability and religious discrimination. Plaintiffs’ Complaint
fails to specify their theory of disability discrimination and to allege facts to support any theory of
disability discrimination for the reasons set forth in detail by the Magistrate Judge. Likewise,
Plaintiffs’ religious discrimination claims fail because they do not allege the religion of any
comparator.
1
See Mot. Dismiss (ECF No. 8).
2
See Report and Recommendation (ECF No. 24).
ORDER
Based on the foregoing, the Court ADOPTS the Report and Recommendation and
DISMISSES:
•
Plaintiffs’ disability discrimination claim under Title III of the Americans with
Disabilities Act; and
•
Plaintiffs’ religious discrimination claims under Title II of the Civil Rights Act and
the Utah Civil Rights Act.
The remaining requests in Defendant’s Motion to Dismiss (ECF No. 8) are DENIED.
DATED this 24th day of January 2025.
By the Court:
Ann Marie McIff Allen
United States District Judge
2
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