Montague v. Safeway, Inc. et al
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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
DESIREE A. MONTAGUE,
SAFEWAY INC., et al.,
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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
The Clerk is directed to send a copy of this Minute Order to all counsel of
Dated this 7th day of March, 2018.
William M. McCool
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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