Doe A v. Veer Hospitality Phoenix LLC

CourtDistrict Court, W.D. Washington
DecidedFebruary 12, 2025
Docket2:24-cv-01270
StatusUnknown

This text of Doe A v. Veer Hospitality Phoenix LLC (Doe A v. Veer Hospitality Phoenix LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe A v. Veer Hospitality Phoenix LLC, (W.D. Wash. 2025).

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 JANE DOE A, CASE NO. C24-1270 MJP 11 Plaintiff, ORDER DENYING MOTION TO DISMISS 12 v. 13 SEATAC HOTELS LLC, et al., 14 Defendants. 15 16 17 This matter comes before the Court on Defendant Choice Hotels International, Inc.’s 18 Motion to Dismiss. (Dkt. No. 83.) Having reviewed the Motion, the Response (Dkt. No. 86), the 19 Reply (Dkt. No. 87), and all supporting materials, the Court DENIES the Motion. 20 BACKGROUND 21 Plaintiff “Jane Doe A” brings claims under the Trafficking Victims Protection 22 Reauthorization Act (TVPRA) against the hotel franchisors and franchisees of two hotels where 23 24 1 she was trafficked for commercial sex between 2012 and 2016.1 Starting in 2012, Doe was 2 forced into commercial sex trafficking at two Seatac hotels: Motel 6 and Quality Inn. (Amended 3 Complaint ¶ 30.) For approximately four years, Doe’s traffickers would rotate her between these 4 hotels, where she was forced to engage in commercial sex for “days at a time, encountering the

5 same staff” and taking well over five “dates” per day. (AC ¶ 31, 40.) Doe has filed suit against 6 the franchisors and franchisees of both hotels, alleging that they participated and benefitted from 7 her forced sex trafficking in violation of the TVPRA. Choice Hotels International, Inc., the 8 franchisor of the Quality Inn moves to dismiss. Choice challenges the adequacy of the 9 allegations concerning its knowing participation in the trafficking of Doe. The Court reviews 10 relevant factual allegations of Doe’s trafficking at the Quality Inn and the allegations related to 11 Choice’s alleged knowledge and involvement. 12 Doe’s complaint catalogues many red flags that made her trafficking apparent to the hotel 13 owners and employees where she was trafficked. During Doe’s frequent stays over a four-year 14 period, front desk and other staff at these hotels “would consistently see Plaintiff with her

15 trafficker and would have realized they kept returning and exhibiting red flags of trafficking.” 16 (AC ¶ 32.) Doe alleges she had visible marks caused by her trafficker, which included frequent 17 broken lips, broken and missing teeth, black eyes, and cigarette burns on her skin. (AC ¶¶ 34- 18 36.) At check-in, her trafficker did “most, if not all, of the talking during check-in,” while Doe 19 was visibly scared, did not make eye contact, and appeared withdrawn and timid. (AC ¶ 38.) 20 Doe’s traffickers would not allow cleaning staff into Doe’s room, but would “ask for 21

22 1 The Court refers to Jane Doe by her pseudonym, although she has not formally moved for permission to proceed anonymously. Doe will need to move separately to continue to proceed 23 under a pseudonym. The motion for leave to do so must be filed within 20 days of entry of this Order. 24 1 extraordinary amount of linens and towels throughout their stays.” (AC ¶ 39.) Doe also identifies 2 the following additional red flags: 3 paying for stays in cash; paying for extended stays on a day-to-day basis; requesting certain rooms away from other guests; obvious signs of illegal drug use; frequent requests 4 for clean linens or towels; unusually large numbers of used condoms in the trash; unusually large numbers of male visitors going in and out of Plaintiff’s room at all times 5 during the day and night; visible signs of physical abuse; women wearing clothing inappropriate for the weather; and loud noises of abuse and other violence audible to staff 6 and/or other rooms. 7 (AC ¶ 41.) Doe alleges that the red flags surrounding her stays were known to the hotel staff and 8 owner, and her trafficker paid the owner or manager extra money to allow visitors past 11:00 9 PM. (AC ¶¶ 134, 136.) 10 As to Choice’s awareness of her trafficking, Doe relies principally on the control Choice 11 allegedly exerted over its franchisees, like the Seatac Quality Inn. (AC ¶¶ 70-75.) Doe alleges 12 that Choice “exercises day-to-day control over the Quality Inn and its other brand hotels through 13 centralized corporate systems, training, policies and brand standards.” (AC ¶ 71.) Doe alleges 14 Choice has access to reservation, payment, and occupancy data for each franchisee, which 15 includes customer names, payment information, and reservation histories, and it retains the 16 ability to audit and inspect the franchises to ensure compliance with the franchise agreements. 17 (AC ¶¶ 72, 75.) She further alleges that Choice manages and enforces “corporate and branded 18 property training, policies, and procedures on human trafficking, cybersecurity, guest 19 preferences, internet access, cleanliness and other hotel brand related policies.” (AC ¶ 73.) She 20 also alleges on information and belief that all reservation information passed through Choice’s 21 central reservation system. (AC ¶ 82.) 22 Doe includes several allegations about Choice’s alleged knowledge of criminal activity at 23 the Seatac Quality Inn. (AC ¶¶ 130-38.) Doe alleges that Choice has been generally aware of sex 24 trafficking at its franchisees locations, and that it has been named in “numerous civil lawsuits 1 arising out of sex trafficking at their properties,” though she does not link these allegations 2 specifically to the Seatac Quality Inn. (AC ¶¶ 130, 132.) Doe also alleges that various internet 3 reviews of the Seatac Quality Inn put Choice on notice that sex trafficking was occurring. (AC ¶ 4 133.) These include statements that the hotel was “seedy,” that a guest found “condoms behind

5 the TV,” and that one guest was “approached a number of times by hoodlum individuals” and 6 that they heard and saw couples arguing and fighting. (Id.) Doe also includes general allegations 7 about how hotel franchisors control the brand standards at franchisees, control a central 8 reservation system, and may conduct investigations to ensure compliance with franchise 9 agreements. (AC ¶¶ 59-65.) And she alleges, on information and belief, that franchised hotels 10 pay a percentage of their total revenue back to the franchisor. (AC ¶ 79.) Doe’s Amended 11 Complaint includes other allegations about the hospitality industry’s role in sex trafficking, its 12 awareness of the problem, and the ways in which the industry continues to benefit financially 13 from sex trafficking. (AC ¶¶ 43-58.) 14 ANALYSIS

15 A. Legal Standard 16 Under Fed. R. Civ. P. 12(b)(6), the Court may dismiss a complaint for “failure to state a 17 claim upon which relief can be granted.” In ruling on a motion to dismiss, the Court must 18 construe the complaint in the light most favorable to the non-moving party and accept all 19 well-pleaded allegations of material fact as true. Livid Holdings Ltd. v. Salomon Smith Barney, 20 Inc., 416 F.3d 940, 946 (9th Cir. 2005); Wyler Summit P’ship v. Turner Broad. Sys., 135 F.3d 21 658, 661 (9th Cir. 1998). Dismissal is appropriate only where a complaint fails to allege “enough 22 facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 23 544, 570 (2007). A claim is plausible on its face “when the plaintiff pleads factual content that

24 1 allows the court to draw the reasonable inference that the defendant is liable for the misconduct 2 alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). 3 B. Plaintiff’s TVPRA Claims 4 Doe pursues two distinct claims under the TVPRA against Choice. First, she alleges that

5 Choice violated the TVPRA as a perpetrator, in violation of 18 U.S.C.

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Doe A v. Veer Hospitality Phoenix LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-a-v-veer-hospitality-phoenix-llc-wawd-2025.