Washington Western District Court
Judge:Barbara J Rothstein
Case #: 2:23-cv-01084
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause28:1441 Petition for Removal - Americans with Disabilities Act
Case Filed:Jul 18, 2023
Terminated:Jan 16, 2024
Case in other court:King County Superior Court, 23-00002-11540-6-SEA
Last checked: Sunday Jan 14, 2024 2:46 AM PST
Defendant
Qdoba Restaurant Corporation
Represented By
Ryan R Jones
Fisher & Phillips Llp (wa)
contact info
Catharine M Morisset
Fisher & Phillips Llp (wa)
contact info
Defendant
Does 1-20
Plaintiff
Destinee Moliga
Represented By
Timothy W Emery
Emery Reddy PLLC
contact info
Patrick B. Reddy
Emery Reddy PLLC
contact info
Paul Cipriani, Jr
Emery Reddy PLLC
contact info


Docket last updated: 05/07/2024 11:59 PM PDT
Tuesday, January 16, 2024
33 33 misc Remand Letter Tue 01/16 8:14 AM
LETTER to King County Superior Court Remanding Case to State Court. (SB) (cc: letter, remand order, and docket sheet to King County Superior Court via USPS)
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32 32 2 pgs order Order on Motion to Remand Tue 01/16 8:13 AM
ORDER granting Parties'31 Stipulated Motion to Remand to State Court. Signed by Judge Barbara J. Rothstein. (SB)
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Friday, January 12, 2024
31 31 motion Remand Fri 01/12 5:36 PM
Stipulated MOTION to Remand to State Court , filed by All Plaintiffs. Noting Date 1/12/2024, (Emery, Timothy)
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Att: 1 Proposed Order
Monday, January 08, 2024
30 30 order 2 - Minute Order ~Util - Set/Reset Deadlines ~Util - Terminate Deadlines/Hearings Mon 01/08 8:00 AM
MINUTE ORDER (text only) authorized by Judge Barbara J. Rothstein. The Court has reviewed the parties'29 Joint Status Report. Counsel shall file the formal Class Action Settlement Agreement no later than 2/2/2024. Should additional time be needed to perfect the settlement, counsel must contact the Courtroom Deputy to request an extension of this deadline. Any deadlines previously set are hereby VACATED. (NAW)
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Friday, January 05, 2024
29 29 misc Joint Status Report Fri 01/05 3:11 PM
JOINT STATUS REPORT signed by all parties. (Emery, Timothy)
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Friday, December 22, 2023
28 28 order 2 - Minute Order ~Util - Set/Reset Deadlines/Hearings Fri 12/22 8:32 AM
MINUTE ORDER: Pursuant to the parties' joint status report27 , the stay in this case is extended until 1/5/2024. The parties shall file a joint status report no later than 1/5/2024. Authorized by Judge Barbara J. Rothstein. (SB)
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Thursday, December 21, 2023
27 27 misc Joint Status Report Thu 12/21 5:46 PM
JOINT STATUS REPORT signed by all parties. (Morisset, Catharine)
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Thursday, December 07, 2023
26 26 order Order on Motion to Dismiss ~Util - Set/Reset Deadlines/Hearings Thu 12/07 8:07 AM
MINUTE ORDER: Pursuant to the parties' joint status report25 , the Court hereby strikes Defendants' pending motion17 with leave to refile, and extends the stay in this case until 12/20/2023. The parties shall file a joint status report no later than 12/22/2023. Authorized by Judge Barbara J. Rothstein. (SB)
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Wednesday, December 06, 2023
25 25 misc Joint Status Report Wed 12/06 3:40 PM
JOINT STATUS REPORT signed by all parties. Related [+]
Related: [-] ddy, Patrick
Thursday, November 30, 2023
24 24 misc BJR Standing Order (FORM) Thu 11/30 9:16 AM
STANDING ORDER FOR ALL CIVIL CASES by Judge Barbara J. Rothstein. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. (NAW)
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utility Case Assigned/Reassigned to Judge Thu 11/30 9:15 AM
Case Reassigned to Judge Barbara J. Rothstein. Judge Lauren King no longer assigned to the case. (NAW)
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Monday, October 23, 2023
23 23 order 2 - Minute Order ~Util - Set/Reset Motion Noting Date Mon 10/23 8:58 AM
MINUTE ORDER (text only) authorized by Judge Lauren King. Pursuant to the parties'22 Joint Status Report and Request to Continue Stay, Defendant's17 Motion to Dismiss is renoted for 12/1/2023. This case will remained stayed until that date. The parties shall file a joint status report no later than 12/1/2023 apprising the Court of the status of the motion to dismiss and the need (should there be one) for a continued stay. (NAW)
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Friday, October 20, 2023
22 22 misc Status Report Fri 10/20 5:10 PM
Joint STATUS REPORT and Request to Continue Stay by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
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Friday, September 29, 2023
21 21 respm Reply to Response to Motion Fri 09/29 1:59 PM
REPLY, filed by Defendant Qdoba Restaurant Corporation, TO RESPONSE to17 MOTION to Dismiss (Morisset, Catharine)
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Friday, September 15, 2023
20 20 respm Response to Motion Fri 09/15 1:09 PM
RESPONSE, by Plaintiff Destinee Moliga, to17 MOTION to Dismiss . (Emery, Timothy)
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Friday, August 25, 2023
19 19 misc Certificate-Other Fri 08/25 12:49 PM
CERTIFICATE of Dkt. 17 - LCR(e)(3) and (6) re17 MOTION to Dismiss by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
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18 18 order 2 - Minute Order Fri 08/25 9:16 AM
MINUTE ORDER (text only) authorized by Judge Lauren King. Motions to dismiss filed in the Western District of Washington may not exceed 8,400 words. LCR 7(e)(3). To enforce this restriction, the moving party must include in its signature block "the certification of the signer as to the number of words, substantially as follows: 'I certify that this memorandum contains __ words, in compliance with the Local Civil Rules.'" LCR 7(e)(6). Defendant's17 motion to dismiss does not contain the requisite certification in the signature block. No later than 8/28/2023, Defendant must separately certify its compliance with the applicable word count limitation and identify any overlength portion of its motion. The Court will strike the motion in its entirety absent a timely response. (NAW)
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Thursday, August 24, 2023
17 17 motion Dismiss Thu 08/24 7:24 PM
MOTION to Dismiss , filed by Defendant Qdoba Restaurant Corporation. Noting Date 10/20/2023, (Morisset, Catharine)
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Tuesday, August 22, 2023
16 16 order Order on Motion to Stay ~Util - Set/Reset Deadlines Tue 08/22 12:59 PM
MINUTE ORDER (text only) authorized by Judge Lauren King. In light of the supplemental information provided in Defendant's13 Response to Order to Show Cause and the supporting15 Declaration of Sanjay Shastri, the Court discharges its12 Order to Show Cause. The Court also GRANTS the parties'11 Stipulated Motion for Stay and to Extend Answer Deadline. Defendant shall file a motion to dismiss on 8/24/2023, Plaintiff shall file her opposition on 9/15/2023, and Defendant shall file its reply on 9/29/2023. Mediation shall be completed by 10/13/2023. The parties shall file a status report regarding whether the results of mediation affect the case and/or the pending motion to dismiss by 10/20/2023. The Court will not consider the motion to dismiss prior to receiving such report. The initial scheduling deadlines are as follows: FRCP 26(f) Conference by 11/22/2023; FRCP 26(a)(1) Initial Disclosures by 12/6/2023; and FRCP 26(f) Combined Joint Status Report and Discovery Plan by 12/20/2023. (NAW)
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Thursday, August 17, 2023
15 15 misc Declaration (non motion) Thu 08/17 4:56 PM
DECLARATION of Sanjay Shastri re13 Response to Order to Show Cause by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
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14 14 misc Declaration (non motion) Thu 08/17 4:55 PM
DECLARATION of Catharine M. Morisset re13 Response to Order to Show Cause by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
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13 13 misc Response to Order to Show Cause Thu 08/17 4:53 PM
RESPONSE TO ORDER TO SHOW CAUSE by Defendant Qdoba Restaurant Corporation re:12 Order to Show Cause, (Morisset, Catharine)
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Monday, August 07, 2023
12 12 10 pgs order Order to Show Cause Mon 08/07 11:18 AM
ORDER TO SHOW CAUSE: Qdoba shall have 10 days from the date of this Order to supplement its notice of removal and show by a preponderance of the evidence that the jurisdictional requirements are satisfied. Should Qdoba fail to timely respond to this Order and establish by a preponderance of the evidence that the requirements of either Section 1332(a)(1) or (d)(2) are met, this case will be remanded to King County Superior Court. Signed by Judge Lauren King. (SS)
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Thursday, July 27, 2023
11 11 motion Stay Thu 07/27 4:42 PM
Stipulated MOTION to Stay and to Extend Answer Deadline , filed by Defendant Qdoba Restaurant Corporation. Noting Date 7/27/2023, (Morisset, Catharine)
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Thursday, July 20, 2023
10 10 order Joint Status Report Order Form for District Judges Thu 07/20 2:44 PM
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 8/24/2023, Initial Disclosure Deadline is 9/7/2023, Joint Status Report due by 9/21/2023. Signed by Judge Lauren King. (NAW)
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9 9 order LK Standing Order for All Civil Cases (FORM) Thu 07/20 2:41 PM
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Lauren King. (NAW)
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8 8 order LK Standing Order re 28 USC 455 (FORM) Thu 07/20 2:41 PM
STANDING ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW)
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7 7 1 pgs order Order Reassigning Case Thu 07/20 1:40 PM
MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Lauren King for all further proceedings. Hon. Michelle L. Peterson no longer assigned to case. (TF)
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6 6 misc Consent Letter & Form Thu 07/20 11:52 AM
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 7/27/2023. Please Note: Forms must not be electronically filed with the Court. (TF)
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5 5 utility Judge Assignment Letter (Removal & Transfer cases only) Thu 07/20 11:30 AM
LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. JURY DEMAND - properly submitted federal court jury demand on file (MG)
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utility Disclosure Statement - Notice of Deadlines Thu 07/20 11:27 AM
NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Defendant(s) must file a Corporate Disclosure Statement by 7/27/2023. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (MG)
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utility Add and Terminate Judges Thu 07/20 11:29 AM
Hon. Michelle L. Peterson added. (MG)
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Tuesday, July 18, 2023
4 4 misc Jury Demand Tue 07/18 4:55 PM
DEMAND for JURY TRIAL by Plaintiff Destinee Moliga Related [+]
Related: [-] ddy, Patrick
3 3 misc Declaration (non motion) Tue 07/18 4:32 PM
DECLARATION of Sanjay Shastri re1 Notice of Removal by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
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2 2 misc Declaration (non motion) Tue 07/18 4:30 PM
DECLARATION of Catharine M. Morisset re1 Notice of Removal by Defendant Qdoba Restaurant Corporation(Morisset, Catharine)
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Att: 1 Exhibit A
1 1 8 pgs cmp Notice of Removal Tue 07/18 4:27 PM
NOTICE OF REMOVAL from King County Superior Court, case number 23 2-11540 6-SEA; Related [+] filed by Qdoba Restaurant Corporation.(Morisset, Catharine)
Related: [-] ceipt # AWAWDC-8092081
Att: 1 Civil Cover Sheet,
Att: 2 26 pgs Complaint,
Att: 3 Exhibit