Moliga v. Qdoba Restaurant Corporation
Plaintiff: Destinee Moliga
Defendant: Qdoba Restaurant Corporation a foreign for profit corporation doing business as QDOBA MEXICAN EATS CORPORATION; and DOES 1-20, Qdoba Restaurant Corporation a foreign for-profit corporation doing business as Qdoba Mexican Eats Corporation and Does 1-20
Case Number: 2:2023cv01084
Filed: July 18, 2023
Court: US District Court for the Western District of Washington
Presiding Judge: Lauren King
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 28 U.S.C. § 1441 Petition for Removal - Americans with Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2023 Filing 20 RESPONSE, by Plaintiff Destinee Moliga, to #17 MOTION to Dismiss . (Emery, Timothy)
August 25, 2023 Filing 19 CERTIFICATE of Dkt. 17 - LCR(e)(3) and (6) re #17 MOTION to Dismiss by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
August 25, 2023 Opinion or Order Filing 18 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's #17 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)
August 24, 2023 Filing 17 MOTION to Dismiss , filed by Defendant Qdoba Restaurant Corporation. Noting Date 10/20/2023, (Morisset, Catharine)
August 22, 2023 Opinion or Order Filing 16 MINUTE ORDER (text only) authorized by Judge Lauren King. In light of the supplemental information provided in Defendant's #13 Response to Order to Show Cause and the supporting #15 Declaration of Sanjay Shastri, the Court discharges its #12 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)
August 17, 2023 Filing 15 DECLARATION of Sanjay Shastri re #13 Response to Order to Show Cause by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
August 17, 2023 Filing 14 DECLARATION of Catharine M. Morisset re #13 Response to Order to Show Cause by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
August 17, 2023 Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by Defendant Qdoba Restaurant Corporation re: #12 Order to Show Cause, (Morisset, Catharine)
August 7, 2023 Opinion or Order Filing 12 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)
July 27, 2023 Filing 11 Stipulated MOTION to Stay and to Extend Answer Deadline, filed by Defendant Qdoba Restaurant Corporation. Noting Date 7/27/2023, (Morisset, Catharine)
July 20, 2023 Opinion or Order Filing 10 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)
July 20, 2023 Opinion or Order Filing 9 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)
July 20, 2023 Opinion or Order Filing 8 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)
July 20, 2023 Filing 7 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)
July 20, 2023 Filing 6 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)
July 20, 2023 Filing 5 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)
July 20, 2023 Hon. Michelle L. Peterson added. (MG)
July 20, 2023 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)
July 18, 2023 Filing 4 DEMAND for JURY TRIAL by Plaintiff Destinee Moliga (Reddy, Patrick)
July 18, 2023 Filing 3 DECLARATION of Sanjay Shastri re #1 Notice of Removal by Defendant Qdoba Restaurant Corporation (Morisset, Catharine)
July 18, 2023 Filing 2 DECLARATION of Catharine M. Morisset re #1 Notice of Removal by Defendant Qdoba Restaurant Corporation (Attachments: #1 Exhibit A)(Morisset, Catharine)
July 18, 2023 Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 23-2-11540-6-SEA; (Receipt # AWAWDC-8092081) filed by Qdoba Restaurant Corporation. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Exhibit)(Morisset, Catharine)

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Plaintiff: Destinee Moliga
Represented By: Patrick B. Reddy
Represented By: Paul Cipriani, Jr
Represented By: Timothy W Emery
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Defendant: Qdoba Restaurant Corporation a foreign for profit corporation doing business as QDOBA MEXICAN EATS CORPORATION; and DOES 1-20
Represented By: Catharine M Morisset
Represented By: Ryan R Jones
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Defendant: Qdoba Restaurant Corporation a foreign for-profit corporation doing business as Qdoba Mexican Eats Corporation
Represented By: Catharine M Morisset
Represented By: Ryan R Jones
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Defendant: Does 1-20
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