29 results for 'judge:"Pechman"'.
J. Pechman denies the electronic financial services company's motion to dismiss the consumer's class action alleging that the company substantially assisted its user in sending the consumer unsolicited text messages inviting her to sign up for the company's Cash App services, in violation of the Washington Consumer Electronic Mail Act. The consumer sufficiently alleges that the company gave its user substantial assistance in sending the unsolicited texts because its "Refer a Friend" program process creates easy steps for its user to follow in order to send the referral message.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 2, 2024, Case #: 2:23cv1969, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Communications, Class Action
J. Pechman grants the petition of Julie Su, Acting Secretary of Labor of U.S. Department of Labor, to enforce an administrative subpoena seeking information about the amounts paid to various Amazon officers, managers and supervisors in 2021 to 2022 to go to Staten Island, New York to convince Amazon employees not to unionize. The information about the names and job positions are relevant to the investigation, because that will help determine if these individuals acted outside their normal job duties or if they acted in their individual capacities.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 24, 2024, Case #: 2:24cv270, NOS: Other Statutory Actions - Other Suits, Categories: Discovery, Labor / Unions
J. Pechman declines to dismiss the personal representative's federal claims that the sheriff's deputy shot and killed Joshua Sarrett on Sep. 19, 2020, while Sarrett was "unarmed, intoxicated and was only suspected of being a harm to himself." The personal representative adequately alleges that the deputy's decision to seize Sarrett was unreasonable because the deputy did not investigate any crime at the time and the deputy did not ask Sarrett if he was armed.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 22, 2024, Case #: 2:23cv1316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Pechman finds in favor of Oppenheimer & Co. for its complaint seeking to prevent the investors from asserting claims against it in a Financial Industry Regulatory Authority (FINRA) arbitration case, as the investors want to recover funds they lost in a private equity fund called Horizon Private Equity III LLC that an Oppenheimer-registered broker allegedly created and operated for a Ponzi scheme. The Oppenheimer & Co. has no obligation to arbitrate any and all claims that the investors asserted in the underlying FINRA arbitration case because the investors do not present any evidence that the registered broker facilitated the purchase through the trust company.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 5, 2024, Case #: 2:23cv67, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Securities
J. Pechman dismisses the internet security company's complaint that Microsoft wrongfully used compromised account credential data to check against any login credentials entered into any website, brands and domains even if it it didn't belong to Microsoft. The contract does not have any limitations on how Microsoft could use the data, and the internet security company does not explain what Microsoft Edge web browser and active directory federation service did and how it violated the contract.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 2, 2024, Case #: 2:23cv899, NOS: Other Contract - Contract, Categories: Contract
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J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Jurisdiction, Class Action
J. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, Class Action
J. Pechman denies Nationstar Mortgage's motion for summary judgment against the consumer's complaint that it did not remove inaccurate information about delinquent payments due on a loan in the consumer's credit report, which are solely his ex-wife's responsibility. The consumer sufficiently alleges that Nationstar owed him a duty to make a more accurate report acknowledging that his ex-wife was entirely responsible for repaying the loan.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 15, 2024, Case #: 3:22cv5840, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Pechman awards the insured $49,500 in attorney fees for their complaint that the insurance company wrongfully denied the minor rehabilitation services without a full and fair review. The insurance company's bad faith and culpability warrants attorney fees, because while the insurance company argues that it only needs to show that the insurance company had a reasonable basis to deny coverage to qualify as good faith, this argument misreads the court's order on cross-motions and relies on two inapplicable 9th Circuit cases.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 9, 2024, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Pechman declines to dismiss the mental health service's complaint that two of its former therapists used the mental health service's trade secrets to form the mental health company. The mental health service sufficiently pleads a connection between its DTSA claim and interstate commerce claim, because it alleges that its clients paid for its services through interstate insurance plans such as Medicare while other clients came from outside Washington state, and one of the former therapists solicited many of these clients via email, which affects interstate commerce.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 1, 2024, Case #: 2:23cv1239, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Jurisdiction
J. Pechman grants Attorney General Robert Ferguson's motion to dismiss the nonprofit organization's complaint alleging that Ferguson, Assistant Attorney General Joshua Studor and the Attorney General's office targeted conservative activist Alan Gottlieb, four nonprofit organizations and two for-profit entities for their gun rights advocacy efforts, attempting to silence them with sham civil investigations. Except for the Public Records Act claim, the nonprofit organization does not show that it or the others suffered injury from the civil investigative demands or the AG's office, especially not that they suffered chilled speech.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: January 9, 2024, Case #: 2:23cv1554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Pechman grants the family judgment on their ERISA claims accusing the insurance company and others of wrongfully denying coverage for the minor, who was under the father's plan, for his stays at mental healthcare facilities in 2019 and 2020. The insurance company abused its discretion in policy determination because it denied full coverage without providing a reasonable explanation for why the minor did not need further treatment at one of the mental healthcare facilities. The insurance company must complete its review and determination of what is owed to the family.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: December 18, 2023, Case #: 2:22cv1517, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Pechman dismisses the internet security company's complaint accusing Microsoft of creating a business-to-business authentication service that directly competes with the internet security company by using data outside the scope of their contract. The internet security company does not allege sufficient facts as to how exactly Microsoft allegedly used data in a way that violated their contract, and its use of extrinsic evidence to prove this claim is strictly prohibited under Washington law.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: December 5, 2023, Case #: 2:23cv899, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Pechman finds in favor of the manufacturing company against the employee's class action complaint that the company and Fluke Manufacturing Corporation did not pay its employees for overtime despite requiring them to work over 40 hours per week. The employee's Fair Labor Standards Act and Washington Minimum Wage Act claims cannot proceed because her duties fall under the purchasing category and relate to the manufacturing company's general business operations, meaning that she is exempt under the FLSA and thus is not entitled to overtime.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: October 23, 2023, Case #: 2:22cv1241, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Pechman grants the consumer's renewed motion for class certification for his complaint that the health insurance provider violated the Telephone Consumer Protection Act using an artificial pre-recorded voice to call cellular telephone numbers without prior consent. The provider's argument that the consumer's interests are fundamentally different from class members' interests is speculative, because the provider does not present any evidence that paying damages will cause the other members' premiums to go up or that damages would affect the provider's ability to provide service.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: October 13, 2023, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Damages, Class Action
J. Pechman grants the counties' emergency motion to remand their complaint, which alleges that the Washington State Department of Social and Health Services violated state law by refusing to admit individuals for court-ordered civil commitment evaluations, to the Pierce County Superior Court. DSHS argues that the counties' case should remain in federal court because it will touch on the constitutional rights argued in the ongoing case "A.B. by & through Trueblood v. Washington State Dep’t of Soc. & Health," but DSHS does not show how the civil conversion patients in this case have the same or superior constitutional rights as the Trueblood class members.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: September 26, 2023, Case #: 3:23cv5775, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Jurisdiction, Venue
J. Pechman grants the joint stipulated motion between the environmental group and the building materials supplier for the entry of a consent decree arising from the environmental group's lawsuit, which alleges that the building materials supplier discharged polluted stormwater into navigable waters in violation of the Clean Water Act. Among other stipulations, the building materials supplier will vacuum sweep all outdoor paved surfaces of the facility at least once per week, and will also hand-sweep all indoor production areas of the facility at least once per day.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: September 5, 2023, Case #: 2:21cv1636, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Pechman denies summary judgment to the insurance company against the insured's bad faith claim in her lawsuit alleging that the insurance company must cover her claim for injuries to her neck, back and shoulder she sustained when an uninsured motorist struck her vehicle and horse trailer. The bad faith claim cannot be resolved with summary judgment at this time because the insured and the insurance company present contrasting and competing evidence, and to weigh in the insurance's company's favor would mean ignoring the insured's expert's opinions in an unfavorable way.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: August 31, 2023, Case #: 2:22cv1116, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Pechman grants summary judgment to the intelligence agency for the veteran's claim that the intelligence agency, non-listed Central Intelligence Agency, non-listed Defense Intelligence Agency and non-listed Department of Defense must turn over all records related to a 1967 incident in which Israeli forces attacked a U.S. naval intelligence ship in international waters, killing 34 and wounding 173 during the Six-Day War. The intelligence agency and others properly withheld records under the Freedom of Information Act, as the redacted information contains intelligence methods and sources, and there is an available index that allows the veteran to understand the basis of why this information is redacted.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: July 31, 2023, Case #: 2:20cv1309, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Maritime
J. Pechman partially grants the criminal detainee's motion for contempt stating that the state department violated their settlement agreement, which arises from a lawsuit alleging that the state department and others did not provide timely competency evaluations and restoration services to pretrial criminal detainees in city and county jails. The state department did not take the reasonable steps to ensure that the 92 additional beds promised in the settlement agreement were available to the criminal detainee class members from September 2022 to May 2023, as the state department knew there was a backlog of cases because of the Covid-19 pandemic but it did not adequately plan for a surge of bed demands.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: July 7, 2023, Case #: 2:14cv1178, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Covid-19
J. Pechman declines to dismiss the protesters' claim that the city's officers arrested them for property destruction because they wrote protest messages, some critical to the Seattle Police Department, in chalk and charcoal on "eco-block" walls. The protesters' Monell claim can proceed because while it may be unlikely that the officers arrested them in retaliation for their protest messages, it is not implausible.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: June 23, 2023, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Pechman grants the protesters' motion for a preliminary injunction enjoining the enforcement of a property destruction ordinance for the duration of the protesters' lawsuit, which alleges that the city's officers arrested them for writing protest messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. The protesters sufficiently allege that the ordinance was selectively enforced against them for their views as their arrests are evidence of a concrete and particularized injury to their rights under the First and Fourteenth Amendments, and the arrests had a chilling effect to their intent to do so again.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: June 13, 2023, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Injunction