37 results for 'judge:"Estudillo"'.
J. Estudillo denies the high school student default judgment for his complaint accusing the school district of not taking enough action to stop a fellow student from saying homophobic slurs to the high school student, who is queer and gender fluid. The high school student does not adequately allege that the school district did not provide him services comparable to non-disabled students, because it is possible that the school district fails to stop all bullying regardless on the protected class status of the victim.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 29, 2024, Case #: 3:23cv5717, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education
J. Estudillo amends the employee's judgment to $5,400 in economic damages for her complaint alleging that the supervisor and the city did not prove her promotional opportunities and fired her because of her gender. The supervisor and the city agree with the employee's contention that the parties stipulated to economic damages if the jury found liability for the retaliation claim, which they did.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 23, 2024, Case #: 3:19cv5002, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Damages
J. Estudillo dismisses a complaint alleging that the biotech company laid off the employee, who was 63 years old at the time, after he suffered a workplace injury and returned from leave with light duty restrictions. The employee does not present any facts showing a causal link between his Washington Department of Labor and Industries workers' compensation claim and his termination, nor does he present enough facts showing that the biotech company wanted to fire him because of his age.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 21, 2024, Case #: 3:23cv5863, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
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J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: Communications, Privacy, Class Action
J. Estudillo denies the prison healthcare service's motion to exclude the inmate's expert, Dr. Isabel Hujoel, from testifying in his lawsuit alleging that the county and Nashville healthcare company did not accommodate his celiac disease while he was in custody. Dr. Hujoel is well qualified because she is a gastroenterologist who specializes in celiac disease, and her report focuses on how the inmate suffered “acute injury and distress” due to the lack of a gluten-free diet; she does not testify as to monetary or economic damages.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 11, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Estudillo sets definitions to terms in the software company's complaint alleging that Amazon infringed on 10 of the former's patents. The term "output manager software" and the disputed function terms are not subject to additional construction, because the software company identifies output manager software that can perform the functions identified in the disputed claim limitation, and thus an ordinary person could understand that output manager software has a sufficiently definite meaning as the name for structure.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 5, 2024, Case #: 2:21cv1055, NOS: Patent - Property Rights, Categories: Patent
J. Estudillo remands the hourly employee's class action alleging that the healthcare company did not provide meal and rest periods, did not pay overtime and withheld wages. The healthcare company does not present enough evidence to prove that the employee claims that it violated Washington law 60% of the time. A 20% violation rate is more reasonable in this case based on the evidence presented, including the fact that the employee uses phrases like "at times," which implies that the alleged illegal practices did not happen consistently. Based on this 20% rate, the potential damages do not meet the $75,000 jurisdictional minimum.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 20, 2024, Case #: 3:23cv5892, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Class Action
J. Estudillo compels arbitration in the port's lawsuit seeking the enforcement of the arbitration award ordering the railway company to discontinue bringing unauthorized cars onto the port's property. Among other reasons, the arbitration is ambiguous because the panel's expectations and suggestions on what the railway company could do is not the same as concrete instructions, so judicial interpretation is inappropriate at this time.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5560, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Arbitration, Property, Contract
J. Estudillo dismisses the homeowner's complaint alleging that the officer repeatedly punched the homeowner in the face while he was handcuffed to the point that he needed to go to the hospital for his injured eye, and then the officers arrested the homeowner once he left the hospital. Among other deficiencies, the homeowner recites his causes of action without specifying any actual policies, practices or customs that violated his rights during the police encounter.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5782, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Estudillo grants the inmate's motion for discovery for his complaint that the county and Wellpath did not accommodate his Celiac disease while he was in custody. The inmate seeks information about federal and state government funding, which is not privileged information, and a protective order can deal with any alleged trade secrets that may come up.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: January 29, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery, Prisoners' Rights
J. Estudillo grants the family's counsel $39,800 in attorney fees for their complaint that the prison healthcare services' negligent practices concerning suicide prevention led to the death of the inmate. The family's counsel is entitled to fees regarding research of the deleted video, deposition and discovery prep, and for time spent drafting a notice of deposition. The family's counsel had to spend time on this because of Kitsap County's spoliation of the video evidence.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 17, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Discovery, Attorney Fees
J. Estudillo finds in favor of the city against the mother's complaint that the city's officer erred when he fatally shot her son, who was in the midst of a mental health crisis. The officer has qualified immunity against the mother's Fourteenth Amendment claim that he should have deliberated before shooting the son, because the son lunged at the officer with a knife while saying, “Just do it, just do it," which made deliberation impractical.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 2, 2023, Case #: 3:21cv5458, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Estudillo partially grants the docking cradles manufacturer's motion for sanctions against the machinery company for not providing timely responses to the manufacturer's discovery requests in this patent litigation. The machinery company had 30 days to respond to the requests and did not provide a reasonable explanation as to why it did not, and its attorney did not agree to a face-to-face meeting or a telephone conference as required by the local rules. The manufacturer may file a motion for attorney fees within 10 days of this order.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 25, 2023, Case #: 2:20cv428, NOS: Patent - Property Rights, Categories: Patent, Sanctions, Discovery
J. Estudillo finds the company president in contempt of violating a court order regarding the equipment seller's original lawsuit alleging that the company president and Bobcat Rentals used the equipment seller's BOBCAT marks without permission. The company president and Bobcat Rentals "flagrantly violated" the order by continuing to use signs and decals with the BOBCAT marks, and they also replicated their trademark infringing website, "Bobcat Rentals Co." The company president must comply with the court's order within 14 days of this order or the company president will pay fines of $500 for each day of continued non-compliance.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 18, 2023, Case #: 3:21cv5886, NOS: Trademark - Property Rights, Categories: Contempt, Trademark
J. Estudillo grants the family's motion to exclude the testimony of Kitsap County's expert about her opinions on constitutional or legal standards regarding the family's claim that the prison healthcare services' negligent practices concerning suicide prevention led to the death of the inmate. The expert's assertion that Kitsap County providing the inmate constitutionally required minimum care is equivalent to a reasonable standard of care is improper, because it suggests that the family must prove that the county committed a constitutional violation to prove their negligence claim, which would confuse a jury about the actual legal standards for a negligence claim.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 11, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Estudillo denies the county a new trial for the Roads Division employees' lawsuit alleging that their supervisors and co-workers made anti-Latino remarks without reprimand. The county claims that the employees' attorney committed misconduct by having slides in a PowerPoint presentation that regarded dismissed claims, thus warranting a new trial. The several isolated examples of alleged attorney misconduct that the county cites, which occurred over the course of a lengthy trial, likely did not influence the jury's decision or prejudice them in a significant way. It is more likely that the jury simply believed the employees' witnesses more than the county's witnesses.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 8, 2023, Case #: 3:21cv5411, NOS: Employment - Civil Rights, Categories: Employment, Jury, Employment Discrimination
J. Estudillo grants preliminary approval of a $2.2 million settlement in a class action accusing the telecommunications company of not paying its technicians minimum and overtime wages. The settlement is fair because the technicians and the telecommunications company engaged in discovery that involved interviewing over 100 class members, they have spoken about the settlement for years with the use of multiple mediators, and they capped the attorneys fees so that they are directly proportionate to class funds.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: September 6, 2023, Case #: 3:20cv5438, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Estudillo dismisses the former deputy prosecuting attorney's claims alleging that Jefferson County Deputy Prosecuting Attorney Tuppence Macintyre tortiously interfered with the former deputy prosecuting attorney's business expectations by only communicating with her via court record or in writing. Macintyre is entitled to qualified immunity, as the former deputy prosecuting attorney does not cite any authority that states that communicating only via court record or in writing is an unconstitutional prior restraint on speech. It was, in fact, a neutral method of communication that was in the best interests of everyone given the fraught relationship between the parties.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: August 25, 2023, Case #: 3:22cv5893, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Immunity
J. Estudillo denies summary judgment to Boeing for the employee's claim that the company demoted him after he complained about his supervisor's treatment of him and other older employees. Boeing's argument that the employee's retaliatory demotion claim is time-barred fails because while it did tell the employee that he was going to be demoted as far back as April 2019, none of these assertions go beyond a desire to demote the employee rather than an actual plan to do so.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: August 8, 2023, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Estudillo grants Kitsap County's motion to reconsider the imposition of default judgement regarding the family's claim that the county failed to retain 11 hours of video evidence from Jan. 1, 2020, which is relevant to the family's lawsuit alleging that NaphCare did not maintain adequate suicide prevention practices, leading to the death of the inmate. The 11 hours of deleted videotape may not be the most critical evidence in this case and may not have much bearing on the inmate's suicide, so entering default judgment provided a disproportionate reward to the family.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: July 19, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Health Care, Sanctions
J. Estudillo finds in favor of the former employee regarding the addiction treatment center's affirmative defenses for the former's lawsuit, which alleges that the addiction treatment center's lack of action when its employee sexually harassed the former employee and multiple other women led to her resignation. The former employee properly brought her claims under Title VII and WLAD, which are based not only on the assault incidents but also on the hostile work environment created in the aftermath of the incidents and the lack of intervention from the addition treatment center.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: July 13, 2023, Case #: 3:22cv5094, NOS: Employment - Civil Rights, Categories: Employment