Melegh v. The Emily Program
Filing
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ORDER granting Defendant's 20 Motion to Dismiss. Plaintiff is granted leave to file an amended pleading relating to her racial discrimination claim only within twenty-one (21) days of this Order. Defendant is not required to file a response to the amended complaint until after the Court has had the opportunity to determine if it has any merit. Signed by Judge Richard A. Jones. (SB) (cc: Plaintiff via USPS)
HONORABLE RICHARD A. JONES
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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DANIELLA KATALIN MELEGH,
Plaintiff,
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CASE NO. 2:23-cv-01458-RAJ
ORDER
v.
THE EMILY PROGRAM, P.C.,
Defendant.
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I.
INTRODUCTION
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THIS MATTER comes before the Court on Defendant The Emily Program, P.C.
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(“Defendant” or “The Emily Program”)’s Motion to Dismiss Plaintiff’s First Amended
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Complaint. Dkt. # 20. Plaintiff Daniella Melegh (“Plaintiff”) did not file a response
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opposing Defendant’s motion.
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The Court ordered the parties to show cause as to why a settlement agreement does
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not render this case moot. Dkt. # 24. The parties responded to the Order accordingly. Dkt.
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## 25, 26.
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For the reasons set forth below, the Court GRANTS Defendant’s Motion to
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Dismiss. Plaintiff’s claim for disability discrimination under the ADA and other federal
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ORDER – 1
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statutes is DISMISSED AS MOOT, and her claim for discrimination under Title VI of
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the Civil Rights Act is DISMISSED WITHOUT PREJUDICE.
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II.
BACKGROUND
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Plaintiff, proceeding pro se and in forma pauperis, initially filed a Complaint for
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violation of her civil rights against Defendant in September 2023. Dkt. # 1-1. In her
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Complaint, she alleged that in July 2023, while a client at The Emily Program, a facility
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that treats individuals with eating disorders, program staff gave her an “Orgain” drink that
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posed a danger to Plaintiff due to her preexisting epilepsy and the drink’s sugar content.
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Id. at 4.
She further claimed that staff failed to provide her with a “reasonable
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accommodation,” prompting her to leave the program “due to discrimination against [her]
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disability” and “no longer [feeling] welcome.” Id. Alleging violations of the Americans
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with Disabilities Act (“ADA”), Plaintiff sought $210,000 so that she could enroll in another
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program tailored to treating eating disorders, $88,000 for mental anguish, and a formal
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apology from Defendant. Id. at 5.
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In February 2024, Defendant moved to dismiss the complaint for failure to state a
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claim and lack of personal jurisdiction. Dkt. # 14. The Court granted the Motion to
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Dismiss, finding that monetary damages were not available to a private plaintiff in a case
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brought under Title III of the ADA. Dkt. # 18 at 5. The Court dismissed the Complaint
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with leave to amend. Id. at 7. Subsequently, Plaintiff filed her First Amended Complaint.
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Dkt. # 19.
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Plaintiff’s First Amended Complaint provides fewer factual allegation than the
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original pleading, but Plaintiff re-asserts her claim for disability discrimination under
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various federal statutes, including the ADA. Id. at ¶¶ 26-34. Notably, Plaintiff also alleges
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racial discrimination under Title VI of the Civil Rights Act of 1964, although she makes
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no specific factual allegations to support such a claim. Id. at ¶¶ 35-37. Further, Plaintiff
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alludes to a disability discrimination complaint that she filed with the United States
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ORDER – 2
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Attorney’s Office for the Western District of Washington, as well as a subsequent
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investigation by the government. Dkt. # 19-1.
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On August 19, 2024, Plaintiff filed an attachment to her First Amended Complaint,
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which consists of an August 9, 2024, Settlement Agreement (the “Agreement”) between
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the United States and The Emily Program. Dkt # 23. According to the Agreement, the
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government initiated the aforementioned investigation after receiving a complaint from an
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individual referred to as “D.M.,” in which the complainant alleged that The Emily Program
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refused to provide reasonable accommodations—specifically, concerning dietary
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restrictions—to its policies and practices necessary to accommodate her epilepsy. Id. at 2.
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The Agreement states that it is not an admission of liability on the part of The Emily
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Program. Id. at 3.
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The Agreement provides for various forms of equitable relief concerning procedures
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to make reasonable accommodations for disabled patients and contains training
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requirements in conjunction with a monitoring, compliance, and enforcement plan. Id. at
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3-10. It also provides for monetary relief in the form a $15,000 payment to be made by
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The Emily Program to D.M. Id. at 9. Thus, Plaintiff appears to have obtained monetary
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relief from The Emily Program, and The Emily Program has agreed to provide equitable
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relief, such as outlining detailed procedures for handling requests for reasonable
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accommodations.
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Because of these facts, the Court determined that Plaintiff’s ADA claim may be
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moot. Accordingly, the Court ordered each party to submit a short and plain statement no
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longer than five (5) pages setting forth its respective position on the potential mootness of
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Plaintiff’s claims.
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After reviewing the parties’ responses, the Court finds that Plaintiff’s claim for
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disability discrimination under the ADA and other federal statutes is moot. The Court also
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finds that Plaintiff does not sufficiently plead a Title VI racial discrimination claim,
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ORDER – 3
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although it is proper to allow Plaintiff leave to amend her complaint as it relates to this
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claim only.
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III. LEGAL STANDARD
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Federal Rule of Civil Procedure 12(b)(6) permits a court to dismiss a complaint for
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failure to state a claim. Fed. R. Civ. P. 12(b)(6). The rule requires the court to assume the
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truth of the complaint’s factual allegations and credit all reasonable inferences arising from
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those allegations. Sanders v. Brown, 504 F.3d 903, 910 (9th Cir. 2007). A court “need not
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accept as true conclusory allegations that are contradicted by documents referred to in the
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complaint.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir.
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2008). The plaintiff must point to factual allegations that “state a claim to relief that is
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plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568 (2007). If the plaintiff
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succeeds, the complaint avoids dismissal if there is “any set of facts consistent with the
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allegations in the complaint” that would entitle the plaintiff to relief. Id. at 563; Ashcroft
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v. Iqbal, 556 U.S. 662, 679 (2009).
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A court typically cannot consider evidence beyond the four corners of the complaint,
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although it may rely on a document to which the complaint refers if the document is central
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to the party’s claims and its authenticity is not in question. Marder v. Lopez, 450 F.3d 445,
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448 (9th Cir. 2006). A court may also consider evidence subject to judicial notice. United
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States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003).
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Where a plaintiff proceeds pro se, the court must construe her “complaint[] liberally
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even when evaluating it under the Iqbal standard.” Johnson v. Lucent Techs. Inc., 653 F.3d
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1000, 1011 (9th Cir. 2011) (citing Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010)).
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“Furthermore, ‘[l]eave to amend should be granted unless the pleading could not possibly
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be cured by the allegation of other facts, and should be granted more liberally to pro se
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plaintiffs.’” Id. (quoting McQuillion v. Schwarzenegger, 369 F.3d 1091, 1099 (9th Cir.
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2004)).
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ORDER – 4
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IV. DISCUSSION
A.
Disability Discrimination Under the ADA and Other Federal Statutes
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i.
ADA Claim
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In its response to the Court’s order, Defendant avers that “the claims in Plaintiff’s
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First Amended Complaint have been rendered moot by The Emily Program’s agreement
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to institute additional procedures to make reasonable accommodations for dietary
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modifications within its programs and services.” Dkt. # 25 at 1-2. The Court concurs with
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this reasoning.
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“A claim may become moot if (1) subsequent events have made it clear that the
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alleged wrongful behavior cannot reasonably be expected to recur, and (2) interim relief or
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events have completely and irrevocably eradicated the effects of the alleged violation.”
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Whitaker v. Aguilar, No. 21-cv-06897-EMC, 2022 WL 3099223, at *4 (N.D. Cal. Aug. 4,
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2022) (citing Norman-Bloodshaw v. Lawrence Berkely Lab., 135 F.3d 1260, 1274 (9th Cir.
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1998)); see also Johnson v. 1082 El Camino Real, L.P., No. 5:17-cv-01391-EJD, 2018 WL
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1091267, at *2 (N.D. Cal. Feb. 28, 2018) (finding an ADA claim moot and the Court
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without jurisdiction where “the undisputed evidence shows that Defendants have corrected
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the sole alleged access barrier alleged in the complaint.”).
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Here, the Agreement highlights that Defendant has delineated specific steps to
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ensure that Plaintiff’s claims cannot reasonably be expected to recur. Defendant states it
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“will make reasonable modifications to meal plans, program participation expectations,
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and food provided when necessary for individuals with disabilities to participate in The
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Emily Program’s services.” Dkt. ## 23 at 3-7; 25 at 2. Defendant also provides that it will
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notify each patient upon acceptance into The Emily Program of his or her opportunity to
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disclose dietary restrictions and request reasonable modifications. Dkt. # 23 at 3-5.
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The Court previously ruled, in following established precedent, that Plaintiff is not
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entitled to monetary damages for her claim under Title III of the ADA. Dkt. # 18. Because
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Defendant has outlined the reasonable accommodations it will provide to its participants
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ORDER – 5
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and the modifications to the program’s procedures, the court dismisses Plaintiff’s ADA
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claim as moot. See Rocca v. Lidgi, No. CV 17-1631-GW(Ex), 2017 WL 11635414, at *5
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(C.D. Cal. Nov. 30, 2017) (ruling that a request for injunctive relief “remains live only so
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long as there is some present harm left to enjoin.”).
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ii.
Discrimination Claims Under Other Federal Statutes
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Plaintiff argues that “this Court has considered none of those other federal laws’
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[sic] violations presented within the First Amended Complaint.” Dkt. # 26 at 2. Although
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it is difficult to discern the issues Plaintiff is referencing, the Court notes that Plaintiff also
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pleads disability discrimination under Section 504 of the Rehabilitation Act and Section
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1557 of the Affordable Care Act. Dkt. # 19 at 7-8. For the reasons stated, infra, the Court
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finds that the Agreement moots these claims to the same effect they moot Plaintiff’s
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disability discrimination claim under the ADA.
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Courts in this Circuit have found the elements of a claim under the Rehabilitation
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Act identical to those of a claim under the ADA. See Niimi-Montalbo v. White, 243 F.
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Supp. 2d 1109, 1121-22 (D. Haw. 2003) (“[t]he Rehabilitation Act, like the ADA,
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proscribes discrimination against a qualified individual with a disability because of the
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disability . . . .”); Jeremiah M. v. Crum, 695 F. Supp. 3d 1060, 1104 (D. Alaska 2023)
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(“elements of a prima facie Section 504 claim mirror those of an ADA claim.”).
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Accordingly, Plaintiff’s claim under Section 504 of the Rehabilitation Act is moot, as this
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claim is interchangeable with and stems from Plaintiff’s ADA claim.
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Plaintiff’s claim under Section 1557 of the Affordable Care Act is moot for a similar
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reason. Plaintiff fails to allege any specific practices by Defendant that violated this
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provision, and the Ninth Circuit has analyzed Section 1557 and the Rehabilitation Act
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under the same lens. See Bax v. Doctors Med. Ctr. of Modesto, Inc., 52 F.4th 858, 873 (9th
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Cir. 2022) (“the plain text of Section 1557’s disability discrimination provision
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incorporates the Rehabilitation Act . . . .”). The Agreement, in detailing the procedures
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Defendant will make to ensure there are reasonable accommodations for disabled
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ORDER – 6
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participants, moots any disability discrimination claim asserted by Plaintiff, regardless of
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which statute she cites.
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Moreover, it is difficult to determine Plaintiff’s intent in citing to various federal
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statutes alleging disability discrimination, as they all relate back to her ADA claim. It is
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unclear if they are cited to buttress her ADA claim or are new causes of action. Plaintiff is
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simply citing the statutes without describing specific conduct on the part of Defendant that
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would violate them. Although the Court just analyzed these statutes, there is an argument
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that they need not be addressed to begin with. See Couturier v. Am. Invsco Corp., No.
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2:12-cv-01104-APG-NJK, 2013 WL 4499008, at *3 (D. Nev. Aug. 20, 2013) (“[a] judge
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is the impartial umpire of legal battles, not a party’s attorney. He is neither required to
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hunt down arguments the parties keep camouflaged, nor required to address perfunctory
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and undeveloped arguments.”).
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The court GRANTS Defendant’s Motion to Dismiss Plaintiff’s disability
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discrimination claim.
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B.
Racial Discrimination Under Title VI of the Civil Rights Act
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Although she does so in merely one sentence, Plaintiff alleges that Defendant
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violated Title VI of the Civil Rights Act by discriminating against her based on race. She
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claims “[i]t cannot be ruled out that [her] perceived race was not one of the reasons” for
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the alleged discrimination. Dkt. # 19 at ¶ 35. Because the Agreement covered disability
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discrimination only, the Court must analyze whether Plaintiff sufficiently pleads a racial
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discrimination claim.
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To state a claim under Title VI of the Civil Rights Act of 1964, a plaintiff must
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allege that a defendant “acted with an intent or purpose to discriminate based upon
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plaintiff’s membership in a protected class.” Darensburg v. Metro. Transp. Comm’n, 636
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F.3d 511, 522 (9th Cir. 2011) (internal citation and quotation marks omitted). Failing to
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allege “any particular incidents forming the basis of [a] complaint for racial discrimination
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under Title VI” constitutes a failure to allege a viable claim under the statute. See Johnson
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v. Pierce Cnty., No. 3:21-cv-05841-DGE, 2021 WL 6062632 (W.D. Wash. Dec. 22, 2021).
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Here, the sole reference to racial discrimination is the conclusory statement that “[i]t
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cannot be ruled out that [her] perceived race was not one of the reasons” for the alleged
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discrimination. Dkt. # 19 at ¶ 35. Plaintiff’s First Amended Complaint contains no other
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allusion to racial discrimination. Accordingly, Plaintiff fails to plead sufficiently that any
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alleged discrimination was intentional or purposeful, the requisite standard prescribed by
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the Ninth Circuit. See Darensburg, 636 F.3d at 522. The Court GRANTS Defendant’s
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Motion to Dismiss Plaintiff’s racial discrimination claim.
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C.
Leave to Amend
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Having dismissed Plaintiff’s racial discrimination claim under Title VI, the Court
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next considers whether to grant Plaintiff leave to amend her Complaint to cure the
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deficiencies identified. The Court may grant leave to amend freely when justice so desires.
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Fed. R. Civ. P. 15(a)(2). “In exercising this discretion, a court must be guided by the
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underlying purpose of Rule 15 to facilitate a decision on the merits, rather than on the
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pleadings or technicalities.” Roth v. Garcia Marquez, 942 F.2d 617, 628 (9th Cir. 1991);
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United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981). The policy of favoring
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amendments to pleadings should be applied with “extreme liberality.” DCD Programs,
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Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987).
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The court finds it in the best interest of justice to grant Plaintiff leave to file an amended
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pleading relating to her racial discrimination claim only, as the disability discrimination claim has
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been rendered moot by the Agreement. See McQuillion, 369 F.3d at 1099 (“leave to amend .
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. . should be granted more freely to pro se plaintiffs.”).
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Plaintiff shall have twenty-one (21) days of this Order to file an amended
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pleading. If Plaintiff does not make such a pleading within this timeframe, the Court may
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dismiss this action with prejudice sua sponte or by motion.
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V. CONCLUSION
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Based on the foregoing reasons, the Court GRANTS Defendant’s Motion to
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Dismiss. Dkt. # 20. Plaintiff is granted leave to file an amended pleading relating to her
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racial discrimination claim only within twenty-one (21) days of this Order. Defendant is
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not required to file a response to the amended complaint until after the Court has had the
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opportunity to determine if it has any merit.
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Dated this 24th day of September, 2024.
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The Honorable Richard A. Jones
United States District Judge
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