Wausa v. Davenport Grand Hotel
Filing
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ORDER GRANTING DEFENDANT'S 12(B)(6) MOTION TO DISMISS 25 PLAINTIFFS ADA, GINA AND ADEA CLAIMS WITH PREJUDICE - denying 32 Plaintiff's Motion to Grant Plaintiff's Claims under the ADA, GINA andADEA, with Prejudice. Signed by Judge Stanley A Bastian. (VR, Courtroom Deputy)
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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Aug 14, 2018
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SEAN F. MCAVOY, CLERK
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF WASHINGTON
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8 PAUL KIZA WAUSA,
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Plaintiff,
v.
11 DAVENPORT GRAND HOTEL,
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No. 2:18-cv-00008-SAB
Defendant.
ORDER GRANTING
DEFENDANT’S 12(B)(6)
MOTION TO DISMISS
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PLAINTIFF’S ADA, GINA AND
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ADEA CLAIMS WITH
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PREJUDICE
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Before the Court is Defendant’s 12(b)(6) Motion to Dismiss Plaintiff’s
17 ADA, GINA and ADEA Claims With Prejudice. ECF No. 25. The motion was
18 heard without oral argument. Defendant is represented by Keller Allen and Mary
19 M. Palmer. Plaintiff is proceeding pro se.
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Plaintiff Paul Kiza Wausa is bringing suit against his former employer,
21 Defendant Davenport Grand Hotel. He is alleging claims under Title VII, the
22 Americans with Disabilities Act (“ADA”), the Genetic Information Non23 Discrimination Act (“GINA”) and the Age Discrimination in Employment Act
24 (ADEA).
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Defendant moves to dismiss the ADA, GINA, and ADEA claims for failure
26 to obtain a Notice of Right to Sue, which is a prerequisite to filing a claim in court
27 under the ADA, GINA, and the ADEA. 42 U.S.C. § 2000e-5(f)(1) (Race, ADA,
28 ADEA); 42 U.S.C. § 2000ff–6 (GINA); 29 C.F.R. § 1601.28(a)(1) and (e)(1). It
ORDER GRANTING DEFENDANT’S 12(B)(6) MOTION TO DISMISS
PLAINTIFF’S ADA, GINA AND ADEA CLAIMS WITH PREJUDICE ~ 1
1 appears that Plaintiff obtained a Right to Sue letter with regard to his claim of
2 racial discrimination. Because Plaintiff has not alleged that he filed a claim with
3 the EEOC regarding his claims under the ADA, GINA, and ADEA, these claims
4 are dismissed.
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In the alternative, Plaintiff has failed to allege sufficient facts to support his
6 ADA, GINA, and ADEA claims, and these claims are dismissed. Previously,
7 Plaintiff has been given leave to amend his Complaint and he has failed to cure the
8 deficiencies. As such, these claims are dismissed with prejudice
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Accordingly, IT IS HEREBY ORDERED:
1. Defendant’s 12(b)(6) Motion to Dismiss Plaintiff’s ADA, GINA and
11 ADEA Claims With Prejudice, ECF No. 25, is GRANTED.
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2. Plaintiff’s Motion to Grant Plaintiff’s Claims under the ADA, GINA and
13 ADEA, with Prejudice, ECF No. 32, is DENIED.
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IT IS SO ORDERED. The Clerk of Court is directed to enter this Order
15 and forward copies to counsel.
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DATED this 14th day of August 2018.
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Stanley A. Bastian
United States District Judge
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ORDER GRANTING DEFENDANT’S 12(B)(6) MOTION TO DISMISS
PLAINTIFF’S ADA, GINA AND ADEA CLAIMS WITH PREJUDICE ~ 2
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