Smith v. Clover Park School District No 400

Opinion

1 2 3

4 5 UNITED STATES DISTRICT COURT AT SEATTLE 7 KRISTI SMITH, CASE NO. 3:21-cv-05767 8

Plaintiff, ORDER 9 v. 10 CLOVER PARK SCHOOL DISTRICT NO. 11 400,

12 Defendant. 13

14 This matter comes before the Court sua sponte. In reviewing the Joint Statement of 15 Disputed Instructions, Dkt. # 64, the Court understands that the parties disagree over whether 16 certain claims are at issue in this case. The Court issues this Order to resolve the dispute. 17 First, Plaintiff indicates that she is pursuing claims for FMLA and WFLA retaliation. But 18 in its motion for summary judgment, Defendant sought dismissal of all of Plaintiff’s claims. 19 Dkt. ## 29 & 29-1. Defendant indicated in the motion that it sought dismissal of “FMLA/WFLA 20 ‘Retaliation or Discrimination’ Claims.” Dkt. # 29 at 16-17. Plaintiff’s opposition to the motion 21 does not address the claims. See generally Dkt. # 34. Accordingly, any such claims were 22 abandoned and waived. See Chang v. Straub Clinic & Hosp. Inc., 670 F. App’x 591, 592 (9th 23 Cir. 2016). 24 l Second, Plaintiff indicates that she seeks liquidated damages under RCW 50A.40.030(4) 2 for a willful violation of the WFLA. The Court’s conclusion above that there is no WFLA 3 retaliation claim at issue would appear to render moot such a claim for damages. But also, 4 || Plaintiff did not plead this in her complaint. See generally Dkt. # 1-1. Accordingly, the claim is 5 || not at issue. 6 Dated this 10th day of January, 2023. 7 g Cok. 4. Chu 9 John H. Chun United States District Judge 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24