Al-Sammak v. Higher Ground A Resource Center

Arizona District Court
Judge:John C Hinderaker
Case #: 4:24-cv-00502
Nature of Suit442 Civil Rights - Employment
Cause42:2000 Job Discrimination (Race)
Case Filed:Oct 11, 2024
Last checked: Wednesday Apr 09, 2025 2:02 AM MST
Defendant
Higher Ground A Resource Center
Represented By
Ari Hoffman
Womble Bond Dickinson (us) Llp - Phoenix
contact info
Laura Mary Pasqualone
Womble Bond Dickinson (us) Llp - Phoenix
contact info
Plaintiff
Mohammed Al-Sammak
3525 E 3rd St., Apt. 205
Tucson, AZ 85716

GPO Jan 30 2025
REPORT AND RECOMMENDATION: The Court recommends that Plaintiff's Motion to Remand (Doc. 13, No. CV-24-538) be denied, and that Defendant's partial Motions to Dismiss (Doc. 14, No. CV-24-502; Doc. 8, No. CV-24-538) be granted. As to the consolidated case (No. CV-24-538), the Court further recommends that Plaintiff's claim of retaliation under Title VII be dismissed without prejudice as duplicative. This recommendation is not immediately appealable to the United States Court of Appeals for the Ninth Circuit. The parties have 14 days to file specific written objections with the district court, and 14 days to file responses to objections. The parties may not file replies on objections absent the district court's permission. A failure to file timely objections may result in the waiver of de novo review. Signed by Magistrate Judge Maria S Aguilera on 1/30/25. (BAC)

Docket last updated: 05/16/2025 11:59 PM MST
Wednesday, February 26, 2025
29 29 misc Response Wed 02/26 12:46 PM
RESPONSE to Objections to Recommendation by Defendant Higher Ground A Resource Center. (Hoffman, Ari)
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Wednesday, February 12, 2025
28 28 respoth Objection to Report and Recommendation Wed 02/12 11:54 PM
OBJECTION to27 Report and Recommendation filed by Mohammed Al-Sammak. (Al-Sammak, Mohammed)
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Thursday, January 30, 2025
27 27 motion Report and Recommendation Thu 01/30 11:34 AM
REPORT AND RECOMMENDATION: The Court recommends that Plaintiff's Motion to Remand (Doc. 13, No. CV-24-538) be denied, and that Defendant's partial Motions to Dismiss (Doc. 14, No. CV-24-502; Doc. 8, No. CV-24-538) be granted. As to the consolidated case (No. CV-24-538), the Court further recommends that Plaintiff's claim of retaliation under Title VII be dismissed without prejudice as duplicative. This recommendation is not immediately appealable to the United States Court of Appeals for the Ninth Circuit. The parties have 14 days to file specific written objections with the district court, and 14 days to file responses to objections. The parties may not file replies on objections absent the district court's permission. A failure to file timely objections may result in the waiver of de novo review. Signed by Magistrate Judge Maria S Aguilera on 1/30/25. (BAC)
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Friday, January 10, 2025
26 26 respm Reply Mon 01/13 3:29 PM
*REPLY in Support of Motion to Remand by Mohammed Al-Sammak. (BAC) *Modified to unseal; filed under seal accidentally; NEF regenerated on 1/13/2025 (CEI)
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Tuesday, January 07, 2025
25 25 2 pgs order Order on Motion to Allow Electronic Filing Tue 01/07 11:33 AM
ORDER GRANTING21 Motion to Allow Electronic Filing. The party is required to complete the Electronic Case File Registration form to register as a user with the Clerk's Office and to register as a subscriber to PACER (Public Access to Electronic Records) within five (5) days of the date of this Order. See document for complete details. (See attached PDF for complete information). Signed by Magistrate Judge Maria S Aguilera on 1/7/25. (BAC)
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Friday, January 03, 2025
24 24 misc Reply Fri 01/03 1:30 PM
REPLY IN SUPPORT OF MOTION TO DISMISS by Defendant Higher Ground A Resource Center. (Hoffman, Ari)
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23 23 notice Notice of Change of Address/Email/Firm Name (Attorney) Fri 01/03 1:27 PM
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/EMAIL/FIRM NAME by Ari Hoffman. (Hoffman, Ari)
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Thursday, January 02, 2025
22 22 5 pgs order Order on Motion to Consolidate Cases Thu 01/02 10:43 AM
ORDER: IT IS ORDERED withdrawing the referral in the above captioned case for the purpose of this Order only. All future pretrial proceedings in 4:24-CV-502-TUC-JCH-MSA are referred to Magistrate Judge Maria S Aguilera. IT IS ORDERED GRANTING Defendant's17 Motion to Consolidate. The Clerk of the Court shall consolidate Case 4:24-CV-538-TUC-JCH with Case 4:24-CV-502-TUC-JCH-MSA. All future filings shall bear Case 4:24-CV-502-TUC-JCH-MSA as the lead case and be submitted in substantially the same format as the caption of this Order. All future filings related to these cases shall be filed in Case 4:24-CV-502-TUC-JCH-MSA. Signed by Judge John C Hinderaker on 12/30/24. (Associated Cases: 4:24-cv-00502-JCH-MSA, 4:24-cv-00538-JCH) (BAC)
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Thursday, December 26, 2024
21 21 motion Allow Electronic Filing Thu 12/26 11:45 AM
MOTION to Allow Electronic Filing by a Party Appearing Without an Attorney by Mohammed Al-Sammak.(BAC)
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Att: 1 Proposed Order
Monday, December 23, 2024
20 20 respm Response in Opposition to Motion Thu 12/26 11:33 AM
Plaintiff's RESPONSE in Opposition re:14 MOTION to Dismiss Case filed by Mohammed Al-Sammak.(BAC)
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Att: 1 Exhibit
Tuesday, December 17, 2024
19 19 respm Reply to Response to Motion to Consolidate/Transfer Cases Tue 12/17 5:28 PM
REPLY to Response to Motion re: (17 in 4:24-cv-00502-JCH-MSA) MOTION to Consolidate Cases Reply ISO Motion to Consolidate filed by Higher Ground A Resource Center. (Associated Cases: 4:24-cv-00502-JCH-MSA, 4:24-cv-00538-JCH) (Hoffman, Ari)
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Tuesday, December 10, 2024
18 18 respm Response to Motion to Consolidate/Transfer Cases Wed 12/11 2:48 PM
Plaintiff's Opposition RESPONSE to Defendant's Motion re: (17 in 4:24-cv-00502-JCH-MSA) MOTION to Consolidate Cases filed by Mohammed Al-Sammak. (Associated Cases: 4:24-cv-00502-JCH-MSA, 4:24-cv-00538-JCH) (BAC)
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Thursday, December 05, 2024
16 16 minutes ~Util - Set/Reset Motion and R&R Deadlines/Hearings Order Thu 12/05 9:51 AM
ORDER: IT IS ORDERED that Plaintiff must respond to Defendant's motion to dismiss (Doc.14 ) on or before December 23, 2024. Defendant may file a reply on or before January 3, 2025. The motion will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered. Signed by Magistrate Judge Maria S Aguilera on 12/5/2024. (See attached Order for complete information.)(SCA)
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Wednesday, November 27, 2024
17 17 motion Consolidate Cases Wed 12/11 12:36 PM
MOTION to Consolidate Cases by Higher Ground A Resource Center. (Associated Cases: 4:24-cv-00502, 4:24-cv-00538-JCH) (BAC)
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Att: 1 Proposed Order
15 15 misc Disclosure Statement Wed 11/27 2:40 PM
Disclosure Statement by Higher Ground A Resource Center. (Hoffman, Ari)
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14 14 motion Dismiss Case Wed 11/27 2:39 PM
MOTION to Dismiss Case by Higher Ground A Resource Center. (Hoffman, Ari)
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Wednesday, November 06, 2024
13 13 notice Notice (Other) Thu 11/07 8:44 AM
NOTICE re: Execution of Service by Mohammed Al-Sammak. (BAC)
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Friday, November 01, 2024
11 11 cmp Amended Complaint Sun 11/03 11:08 AM
AMENDED COMPLAINT against Higher Ground A Resource Center filed by Mohammed Al-Sammak.(DLC)
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Att: 1 Exhibit A-I
service Summons Issued Mon 11/04 10:16 AM
Summons Issued in person at the Customer Service Intake Counter as to Higher Ground A Resource Center. (REM)
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Wednesday, October 23, 2024
10 10 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 10/23 12:48 PM
ORDER granting2 Motion for Leave to Proceed In Forma Pauperis. The Clerk of Court is directed to seal the complaint and its exhibits. On or before November 1, 2024, Plaintiff may refile his complaint with the necessary redactions. Signed by Magistrate Judge Maria S Aguilera on 10/23/24. (KAH)
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9 9 1 pgs order Order ~Util - Add and Terminate Judges Wed 10/23 10:28 AM
ORDER: This case, reassigned to the Honorable John C Hinderaker, is referred to Magistrate Judge Maria S Aguilera for all pretrial proceedings and a report and recommendation in accordance with 28 U.S.C. § 636(b)(1), Rule 72 of the Federal Rules of Civil Procedure, and Rule 72.2 of the Rules of Practice and Procedure of the United States District Court for the District of Arizona. All future filings in this case shall be designated: CV 24-00502 TUC-JCH(MSA). Signed by Judge John C Hinderaker on 10/22/24. (BAC)
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Tuesday, October 22, 2024
8 8 minute_ord ~Util - Add and Terminate Judges Tue 10/22 4:18 PM
MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. IT IS ORDERED this case is reassigned by random draw to District Judge John C Hinderaker. All further pleadings/papers should now list the following COMPLETE case number: CV 24-00502 TUC-JCH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC)
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7 7 misc 25 Pct Mag - Election to Assign Case to District Judge Tue 10/22 4:15 PM
Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DLC)
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Monday, October 21, 2024
5 5 misc Request by Non-Prisoner Pro Se Party for Electronic Noticing Tue 10/22 8:41 AM
REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by Mohammed Al-Sammak. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAC)
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Friday, October 11, 2024
4 4 misc Notice to Self-Represented Litigant Tue 10/15 3:54 PM
NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (BAC)
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3 3 misc New Case Opened Tue 10/15 3:52 PM
This case has been assigned to the Honorable Maria S Aguilera. All future pleadings or documents should bear the correct case number: CV 24-00502 TUC-MSA. Magistrate Election form attached. (BAC)
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2 2 motion Proceed In Forma Pauperis Tue 10/15 3:50 PM
APPLICATION for Leave to Proceed In Forma Pauperis by Mohammed Al-Sammak. (BAC)
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1 1 cmp Complaint Tue 10/15 3:40 PM
COMPLAINT filed by Mohammed Al-Sammak.(BAC)
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Att: 1 Exhibit