Defendant's Attorney: Blake Edward Marks-Dias, Taryn M Basaur and Victoria Ainsworth

Description: Seattle, Washington employment law lawyer represented Plaintiff, who sued defendant on a family medical leave act civil rights violation theory.


This matter comes before the Court on the parties' cross motions for summary judgment. Plaintiff Richard Mooney filed a motion for summary judgment on some of Defendant's affirmative defenses. Dkt. No. 26. Mooney also filed a motion for summary judgment on certain elements of his claims under the Family and Medical Leave Act (“FMLA”) and the Washington
Law Against Discrimination (“WLAD”), Dkt. No. 28, [1] and a motion to strike one of the responses filed by Defendant Roller Bearing Company of America, Inc. (“RBC”), Dkt. No. 51. Mooney also moved to strike RBC's expert report and references thereto. Dkt. No. 42. RBC has filed a motion for summary judgment on all of Mooney's claims, Dkt. No. 33, and a motion to seal portions of that motion and a supporting exhibit, Dkt. No. 32.

Having reviewed the motions and the balance of the record, the Court grants in part and denies in part Mooney's motion for summary judgment on RBC's affirmative defenses, grants in part and denies in part Mooney's motion for summary judgment on elements of his FMLA and WLAD claims, denies RBC's motion for summary judgment, denies Mooney's motion to strike RBC's expert report and references thereto, grants Mooney's motion to strike RBC's response, and denies RBC's motion to seal.

Originally filed in the King County Superior Court, 20-00002-09558-3-KNT, and was removed to federal court by the Defendant.

Outcome:
For all of the foregoing reasons, the Court:

1. GRANTS IN PART and DENIES IN PART Mooney's motion for summary judgment on RBC's affirmative defenses, Dkt. No. 26, by dismissing RBC's affirmative defenses 1, 2, 5, and 6, and denying the remainder of that motion;

2. GRANTS IN PART and DENIES IN PART Mooney's motion for summary judgment on his FMLA and WLAD claims, Dkt. No. 28, by granting the motion as to the first four elements of his FMLA claim and the first element of his WLAD

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claim and denying the remainder of that motion;

3. DENIES RBC's motion for summary judgment on all claims, Dkt. No. 33;

4. DENIES Mooney's motion to strike RBC's expert report and references thereto, Dkt. No. 42;

5. GRANTS Mooney's motion to strike RBC's response, Dkt. No. 51; and

6. DENIES RBC's motion to seal, Dkt. No. 32. Pursuant to Local Civil Rule 5(g)(6), the Clerk of the Court is directed to unseal Docket Entries 33 and 33-1.
Mooney v. Roller Bearing Co. of Am. (W.D. Wash. 2022)

Plaintiff's Experts:

Defendant's Experts:

Comments: