Wausa v. Davenport Grand Hotel

Filing 33

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)

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FILED IN THE U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 1 2 Aug 14, 2018 3 SEAN F. MCAVOY, CLERK 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 8 PAUL KIZA WAUSA, 9 10 Plaintiff, v. 11 DAVENPORT GRAND HOTEL, 12 No. 2:18-cv-00008-SAB Defendant. ORDER GRANTING DEFENDANT’S 12(B)(6) MOTION TO DISMISS 13 PLAINTIFF’S ADA, GINA AND 14 ADEA CLAIMS WITH 15 PREJUDICE 16 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. 20 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). 25 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. 5 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 9 10 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. 12 2. Plaintiff’s Motion to Grant Plaintiff’s Claims under the ADA, GINA and 13 ADEA, with Prejudice, ECF No. 32, is DENIED. 14 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order 15 and forward copies to counsel. 16 DATED this 14th day of August 2018. 17 18 19 20 21 22 23 Stanley A. Bastian United States District Judge 24 25 26 27 28 ORDER GRANTING DEFENDANT’S 12(B)(6) MOTION TO DISMISS PLAINTIFF’S ADA, GINA AND ADEA CLAIMS WITH PREJUDICE ~ 2

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