Kerkering et al v. Nike Inc.
| Oregon District Court | |
| Judge: | Youlee Yim You |
| Case #: | 3:22-cv-01790 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1981 Civil Rights |
| Case Filed: | Nov 15, 2022 |
| Last checked: Sunday May 14, 2023 2:26 AM PDT |
|
Defendant
Nike Inc.
|
Represented By
|
|
Plaintiff
Doug Kerkering
|
Represented By
|
|
Plaintiff
Wanda Rozwadowska
|
Represented By
|
|
Plaintiff
Hannah Thibodo
|
Represented By
|
GPO
May 30 2023
h a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. Signed on 5/30/2023 by Magistrate Judge Youlee Yim You. (pvh)Findings & Recommendations: Defendant's Motion to Dismiss (ECF 18) should be granted in that plaintiffs Kerkering and Thibodo's First Claim for Relief, based on the theory that defendant regarded them as disabled because of their vaccination status, should be dismissed for failure to state a cognizable claim. However, Thibodo should be allowed to amend the complaint to allege that she informed her supervisor that her disability prevented her from being vaccinated and that she requested an accommodation to the vaccine mandate, which was denied. The motion to dismiss should be denied as to the Second and Third Claims alleged by plaintiff Rozwadowska. These Findings and Recommendations will be referred to a district judge. Objections, if any, are due Tuesday, June 13, 2023. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within 14 days after being served wit |
|
|
GPO
Jul 31 2023
ORDER - The Court ADOPTS Judge You's Findings and Recommendation. ECF 28. The Court GRANTS IN PART AND DENIES IN PART Defendant's Motion to Dismiss. ECF 18. The Court dismisses Plaintiffs' first claim for relief, allowing only Plaintiff Thibodo leave to amend. Plaintiff Thibodo may file an amended complaint within two weeks from the entry of this Order to cure deficiencies in Thibodo's allegations in the first claim. The Court denies Defendant's motion with respect to Plaintiffs' second and third claims for relief. Signed on 7/31/2023 by Judge Michael H. Simon. (mja) |
| Docket last updated: 06/26/2026 11:59 PM PDT |
| Monday, April 27, 2026 | ||
| 133 | 133
resp
Response to Objections to Findings & Recommendation
Mon 04/27 6:01 PM
Response to Objections to Findings & Recommendation. Related document(s): (54 in 3:23-cv-00858-YY) Objections to Magistrate Judges Order,. Filed by Nike, Inc., Nike Inc..Associated Cases: 3:22-cv-01790-YY, 3:23-cv-00858-YY (Sargent, Christine) |
|