Montague v. Safeway, Inc. et al

Filing 16

MINUTE ORDER granting in part and denying in part defendants' 8 Motion to Dismiss; Plaintiff's remaining claims are dismissed without prejudice and with leave to amend no later than 4/6/2018. Authorized by Judge Thomas S. Zilly. (SWT)

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1 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 3 4 5 DESIREE A. MONTAGUE, 6 7 8 Plaintiff, C17-1241 TSZ v. MINUTE ORDER SAFEWAY INC., et al., Defendants. 9 10 11 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: (1) Defendants’ Motion to Dismiss, docket no. 8, is GRANTED in part and 12 DENIED in part. The Court is satisfied that the Complaint for Damages, docket no. 1 (the “Complaint”), alleges sufficient facts to state a claim for Violation of the Americans 13 with Disabilities Act, 42 U.S.C. § 12111, et seq., and the Washington Law Against Discrimination, RCW 49.60.180(2). Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 14 (2007). Plaintiff’s remaining claims for Violation of Title VII of the Civil Rights Act of 1964 (Complaint at ¶¶ 40–46) and Wrongful Discharge (id. at Complaint at ¶¶ 56–59) are 15 dismissed without prejudice and with leave to amend no later than April 6, 2018.1 16 (2) record. The Clerk is directed to send a copy of this Minute Order to all counsel of 17 Dated this 7th day of March, 2018. 18 William M. McCool Clerk 19 s/Karen Dews Deputy Clerk 20 21 22 23 1 The Court notes that Plaintiff has not made clear why Defendant Sedgwick Claims Management Services, Inc., might be liable under either of these theories. MINUTE ORDER - 1

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