Case: Washington v. Motel 6

18-2-00283-4 SEA | Washington state trial court

Filed Date: Jan. 3, 2018

Closed Date: April 3, 2022

Clearinghouse coding complete

Case Summary

On January 3, 2018, the Washington State filed this action in King County Superior Court. The plaintiffs sued Motel 6, a hotel chain, alleging that hotel employees routinely gave guest information like names, license plate numbers, and birthdays to immigration agents. This information was then used to determine if the guests were wanted in civil immigration matters. The suit alleges that Motel 6 employees violated the Consumer Protection Act (CPA) and the Washington Law Against Discrimination. …

On January 3, 2018, the Washington State filed this action in King County Superior Court. The plaintiffs sued Motel 6, a hotel chain, alleging that hotel employees routinely gave guest information like names, license plate numbers, and birthdays to immigration agents. This information was then used to determine if the guests were wanted in civil immigration matters. The suit alleges that Motel 6 employees violated the Consumer Protection Act (CPA) and the Washington Law Against Discrimination.

Specifically, Washington alleged that the employees of several Motel 6 hotels would turn over the guest registry without agents providing documentation, evidence of reasonable suspicion, probable cause, or a search warrant. Motel 6 staff observed ICE identify guests of interest to ICE, including by circling guests with Latino-sounding names. Over 9,000 names had been turned over by Motel 6 staff, resulting in six known detainments. The Washington lawsuit comes after a similar action in Arizona (see Unknown Party v. Motel 6). While Motel 6 implied in those proceedings that the problem was isolated, the Washington suit alleged that this was not the case.

On March 5, 2018, Motel 6 removed the case to federal court under the federal officer removal statute, 28 U.S.C. § 1442(a). On May 18, 2018 the United States District Court for the Western District of Washington ruled that Motel 6’s decision to turn over information at its own discretion did not justify a federal forum, and the case was remanded to King County Superior Court.

While this case was still pending, the Arizona class action case settled for $7.6 million, paid to class members whose names were given to ICE. Additionally Motel 6 and the Mexican American Legal Defense and Educational Fund (who represented the plaintiffs in the Arizona case) said in a joint statement that the hotel has prohibited employees from sharing such information with ICE.

On April 3, 2019, the parties entered into a consent decree that Superior Court Judge Dean Lum then approved. The decree mandated that the defendant shall maintain a policy that it will not share guest information with law enforcement without a judicially enforceable subpoena or warrant or without probable cause. The defendants must create procedures and keep records such that the policy is implemented, that employees can adequately comply with the policy, and customers can report when they believe information has been unlawfully shared with law enforcement. The decree was to apply to all hotels operating within the State of Washington. As part of the decree, the defendant paid $12 million into a settlement fund, providing approximately $10,250,000 in restitution to guests affected by the defendant's unlawful practices.

The case is now closed.

Summary Authors

Anna Brito (2/23/2019)

Aaron Gurley (1/28/2020)

People


Attorney for Plaintiff

Brenneke, Andrea (Washington)

Ferguson, Robert W. (Washington)

Riese, Mitchell A. (Washington)

Attorney for Defendant

Doran, Ambika K. (Washington)

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Documents in the Clearinghouse

Document
1

Complaint

Jan. 3, 2018

Jan. 3, 2018

Complaint

18-2-00283-4 SEA

Consent Decree

None

None

Settlement Agreement

Docket

Last updated Feb. 14, 2024, 4:44 p.m.

ECF Number Description Date Link Date / Link
4

Document Document name: SM - Summons Additional information: SUMMONS Page number: 2

Jan. 3, 2018

Jan. 3, 2018

3.1

Document Document name: LOCS ORIGINAL LOCATION - SEATTLE

Jan. 3, 2018

Jan. 3, 2018

3

Document Document name: CICS - Case Information Cover Sheet Additional information: CASE INFORMATION COVER SHEET Page number: 1

Jan. 3, 2018

Jan. 3, 2018

2.1

Document Document name: JDG0012 JUDGE DEAN S LUM, DEPT 12

Jan. 3, 2018

Jan. 3, 2018

2

Document Document name: *ORSCS - Order Setting Case Schedule Additional information: SET CASE SCHEDULE 12-31-2018ST Page number: 6

Jan. 3, 2018

Jan. 3, 2018

1

Document Document name: CMP - Complaint Additional information: COMPLAINT Page number: 8

Jan. 3, 2018

Jan. 3, 2018

Summary Filing type: PT-Petition Case disposition: STPR - Settled By Parties / Agreed Judgment

Jan. 3, 2018

Jan. 3, 2018

5

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

Jan. 12, 2018

Jan. 12, 2018

Time Standard Name: AFFIDAVIT / CONFIRMATION OF SERVICE Status: Expired

Jan. 31, 2018

Jan. 31, 2018

Time Standard Name: AFFIDAVIT / CONFIRMATION OF SERVICE Status: Expired

Jan. 31, 2018

Jan. 31, 2018

7

Document Document name: AMCPT - Amended Complaint Additional information: AMENDED COMPLAINT Page number: 8

Feb. 2, 2018

Feb. 2, 2018

6

Document Document name: SM - Summons Additional information: SUMMONS Page number: 2

Feb. 2, 2018

Feb. 2, 2018

9

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

Feb. 6, 2018

Feb. 6, 2018

8

Document Document name: NTAPR - Notice of Appearance Additional information: NOTICE OF APPEARANCE /DEFS Page number: 3

Feb. 6, 2018

Feb. 6, 2018

10

Document Document name: ACSR - Acceptance of Service Additional information: ACCEPTANCE OF SERVICE Page number: 1

Feb. 6, 2018

Feb. 6, 2018

15

Document Document name: NTHG - Notice of Hearing Additional information: NOTICE OF HEARING /LTD ADMISSION 02-20-2018 Page number: 2

Feb. 8, 2018

Feb. 8, 2018

14

Document Document name: MT - Motion Additional information: MOTION /DEFS Page number: 5

Feb. 8, 2018

Feb. 8, 2018

13

Document Document name: NTHG - Notice of Hearing Additional information: NOTICE OF HEARING /LTD ADMISSION 02-20-2018 Page number: 2

Feb. 8, 2018

Feb. 8, 2018

12

Document Document name: MT - Motion Additional information: MOTION /DEFS Page number: 5

Feb. 8, 2018

Feb. 8, 2018

11

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

Feb. 8, 2018

Feb. 8, 2018

17

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

Feb. 16, 2018

Feb. 16, 2018

16

Document Document name: ANAFDF - Answer and Affirmative Defense Additional information: ANSWER & AFFIRMATIVE DEFENSE /DEFS Page number: 13

Feb. 16, 2018

Feb. 16, 2018

19.1

Document Document name: PETER KADZIK

Feb. 20, 2018

Feb. 20, 2018

19

Document Document name: ORAU - Order Authorizing Additional information: ORDER AUTHORIZING PRO HAC VICE Page number: 2

Feb. 20, 2018

Feb. 20, 2018

18.1

Document Document name: MICHAEL DESANCTIS

Feb. 20, 2018

Feb. 20, 2018

18

Document Document name: ORAU - Order Authorizing Additional information: ORDER AUTHORIZING PRO HAC VICE Page number: 2

Feb. 20, 2018

Feb. 20, 2018

21

Document Document name: NTFPR - Notice of Filing Petition for Removal to U.S. District Court Additional information: NOTIC FILING PET REMOVE TO US DISTR Page number: 93

March 5, 2018

March 5, 2018

20

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

March 5, 2018

March 5, 2018

24

Document Document name: MTAF - Motion and Affidavit / Declaration Additional information: MOTION AND AFFIDAVIT/DCLR /DEFS Page number: 13

June 8, 2018

June 8, 2018

23

Document Document name: NTHG - Notice of Hearing Additional information: NOTICE OF HEARING /JDGT 07-13-2018 Page number: 2

June 8, 2018

June 8, 2018

22

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

June 8, 2018

June 8, 2018

25

Document Document name: NT - Notice Additional information: NOTICE OF REMAND FROM US DIST COURT Page number: 15

June 11, 2018

June 11, 2018

Time Standard Name: Confirmation of Joinder if not subject to arbitration Status: Expired

June 13, 2018

June 13, 2018

Time Standard Name: Confirmation of Joinder if not subject to arbitration Status: Expired

June 13, 2018

June 13, 2018

Time Standard Name: DEADLINE TO FILE STMT ARBITRABILITY Status: Expired

June 13, 2018

June 13, 2018

Time Standard Name: DEADLINE TO FILE STMT ARBITRABILITY Status: Expired

June 13, 2018

June 13, 2018

26

Document Document name: CRRSP - Correspondence Additional information: CORRESPONDENCE Page number: 1

June 19, 2018

June 19, 2018

Time Standard Name: STATUS CONFERENCE Status: Expired

June 27, 2018

June 27, 2018

Time Standard Name: STATUS CONFERENCE Status: Expired

June 27, 2018

June 27, 2018

Time Standard Name: DEADLINE TO TRANSFER CT PROCEEDINGS Status: Expired

June 27, 2018

June 27, 2018

Time Standard Name: DEADLINE TO TRANSFER CT PROCEEDINGS Status: Expired

June 27, 2018

June 27, 2018

29

Document Document name: DCLR - Declaration Additional information: DECLARATION /DIANA LANDEROS Page number: 3

July 2, 2018

July 2, 2018

28

Document Document name: DCLR - Declaration Additional information: DECLARATION /MITCHELL A RIESE Page number: 36

July 2, 2018

July 2, 2018

27

Document Document name: RSP - Response Additional information: RESPONSE /PLA Page number: 24

July 2, 2018

July 2, 2018

31

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

July 9, 2018

July 9, 2018

30

Document Document name: RPY - Reply Additional information: REPLY /DEFS Page number: 42

July 9, 2018

July 9, 2018

32.2

Document Document name: JDG0012 JUDGE DEAN S LUM, DEPT 12

July 13, 2018

July 13, 2018

32.1

Document Document name: AUDIO LOG DR E 912

July 13, 2018

July 13, 2018

32

Document Document name: SMJHRG - Summary Judgment Hearing Additional information: SUMMARY JUDGMENT HEARING Page number: 1

July 13, 2018

July 13, 2018

40

Document Document name: NTHG - Notice of Hearing Additional information: NOTICE OF HEARING /SHORTEN TIME 07-24-2018 Page number: 2

July 23, 2018

July 23, 2018

39

Document Document name: MTAF - Motion and Affidavit / Declaration Additional information: MOTION AND AFFIDAVIT/DCLR /DEFS Page number: 4

July 23, 2018

July 23, 2018

38

Document Document name: DCLR - Declaration Additional information: DECLARATION OF ALISON ANDO Page number: 3

July 23, 2018

July 23, 2018

37

Document Document name: DCLR - Declaration Additional information: DECLARATION OF AMBIKA DORAN Page number: 16

July 23, 2018

July 23, 2018

36

Document Document name: NTHG - Notice of Hearing Additional information: NOTICE OF HEARING /STAY PENDING 07-31-2018 Page number: 2

July 23, 2018

July 23, 2018

35

Document Document name: MTAF - Motion and Affidavit / Declaration Additional information: MOTION AND AFFIDAVIT/DCLR /DEFS Page number: 13

July 23, 2018

July 23, 2018

34

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

July 23, 2018

July 23, 2018

33

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

July 23, 2018

July 23, 2018

44

Document Document name: NTPRES - Notice of Presentation Additional information: NOTICE OF PRESENTATION OF ORDER Page number: 54

July 24, 2018

July 24, 2018

44

Document Document name: RSP - Response Additional information: RESPONSE /PLA Page number: 8

July 24, 2018

July 24, 2018

43

Document Document name: DCLR - Declaration Additional information: DECLARATION OF ANDREA BRENNEKE Page number: 29

July 24, 2018

July 24, 2018

42

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

July 24, 2018

July 24, 2018

41

Document Document name: NTPRES - Notice of Presentation Additional information: NOTICE OF PRESENTATION OF ORDER 07-31-2018 Page number: 52

July 24, 2018

July 24, 2018

46

Document Document name: NT - Notice Additional information: NOTICE /ERRATA RE PRESENTATION Page number: 6

July 25, 2018

July 25, 2018

45

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

July 25, 2018

July 25, 2018

46.1

Document Document name: TIME

July 26, 2018

July 26, 2018

46

Document Document name: ORDYMT - Order Denying Motion / Petition Additional information: ORDER DENYING MOTION TO SHORTEN Page number: 2

July 26, 2018

July 26, 2018

47

Document Document name: RSP - Response Additional information: RESPONSE /PLA Page number: 12

July 27, 2018

July 27, 2018

Time Standard Name: DISCLOSURE POSS PRIMARY WITNESSES Status: Expired

July 30, 2018

July 30, 2018

Time Standard Name: DISCLOSURE POSS PRIMARY WITNESSES Status: Expired

July 30, 2018

July 30, 2018

48

Document Document name: RPY - Reply Additional information: REPLY /DEFS Page number: 7

July 30, 2018

July 30, 2018

50

Document Document name: ORDYMT - Order Denying Motion / Petition Additional information: ORDER DENYING MOTION FOR JUDGMENT Page number: 4

July 31, 2018

July 31, 2018

49

Document Document name: ORDYMT - Order Denying Motion / Petition Additional information: ORDER DENYING MOTION FOR STAY Page number: 2

July 31, 2018

July 31, 2018

51

Document Document name: PORD - Protective Order Additional information: PROTECTIVE ORDER RE DISCOVERY Page number: 12

Aug. 22, 2018

Aug. 22, 2018

53.1

Document Document name: APPELLATE FILING FEE 290.00

Aug. 30, 2018

Aug. 30, 2018

53

Document Document name: NTDRCA - Notice of Discretionary Review to Court of Appeals Additional information: NT OF DISCR. REVIEW TO CT OF APPEAL Page number: 7

Aug. 30, 2018

Aug. 30, 2018

52

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

Aug. 30, 2018

Aug. 30, 2018

Time Standard Name: DISCLOSURE POSS REBUTTAL WITNESSES Status: Expired

Sept. 10, 2018

Sept. 10, 2018

Time Standard Name: DISCLOSURE POSS REBUTTAL WITNESSES Status: Expired

Sept. 10, 2018

Sept. 10, 2018

54

Document Document name: LTR - Letter Additional information: LETTER RE DISCRETIONARY REVIEW Page number: 1

Sept. 12, 2018

Sept. 12, 2018

56

Document Document name: $JDR12 - Jury Demand Received - Twelve Additional information: JURY DEMAND RECEIVED - TWELVE 250.00 Page number: 2

Sept. 19, 2018

Sept. 19, 2018

55

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Additional information: AFFIDAVIT/DCLR/CERT OF SERVICE Page number: 1

Sept. 19, 2018

Sept. 19, 2018

Time Standard Name: FINAL DATE TO CHANGE TRIAL Status: Expired

Sept. 24, 2018

Sept. 24, 2018

Time Standard Name: FINAL DATE TO CHANGE TRIAL Status: Expired

Sept. 24, 2018

Sept. 24, 2018

Time Standard Name: DEADLINE TO FILE JURY DEMAND Status: Expired

Sept. 24, 2018

Sept. 24, 2018

Time Standard Name: DEADLINE TO FILE JURY DEMAND Status: Expired

Sept. 24, 2018

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Document Document name: ORCTD - Order for Continuance of Trial Date Additional information: ORDER TO CONTINUE TRIAL DATE /STIP 03-04-2019 Page number: 3

Sept. 26, 2018

Sept. 26, 2018

57

Document Document name: ORACS - Order Amending Case Schedule Additional information: ORDER AMENDING CASE SCHEDULE 03-04-2019ST Page number: 2

Sept. 26, 2018

Sept. 26, 2018

Time Standard Name: DISCOVERY CUTOFF Status: Expired

Nov. 13, 2018

Nov. 13, 2018

Time Standard Name: DISCOVERY CUTOFF Status: Expired

Nov. 13, 2018

Nov. 13, 2018

Time Standard Name: EXCHANGE WITNESS/EXHIBIT LISTS Status: Expired

Dec. 10, 2018

Dec. 10, 2018

Time Standard Name: EXCHANGE WITNESS/EXHIBIT LISTS Status: Expired

Dec. 10, 2018

Dec. 10, 2018

60

Document Document name: AFSR - Affidavit / Declaration / Certificate Of Service Page number: 1

Dec. 11, 2018

Dec. 11, 2018

59

Document Document name: NTACA - Notice of Address Change Page number: 3

Dec. 11, 2018

Dec. 11, 2018

62

Document Document name: ORACS - Order Amending Case Schedule Page number: 3

Dec. 14, 2018

Dec. 14, 2018

61

Document Document name: ORCTD - Order for Continuance of Trial Date Page number: 2

Dec. 14, 2018

Dec. 14, 2018

Time Standard Name: DISPOSITIVE PRETRIAL MOTIONS Status: Expired

Dec. 17, 2018

Dec. 17, 2018

Time Standard Name: DISPOSITIVE PRETRIAL MOTIONS Status: Expired

Dec. 17, 2018

Dec. 17, 2018

Time Standard Name: Joint Statement of Evidence Status: Expired

Dec. 24, 2018

Dec. 24, 2018

Time Standard Name: Joint Statement of Evidence Status: Expired

Dec. 24, 2018

Dec. 24, 2018

Time Standard Name: Trial Date Status: Expired

Dec. 31, 2018

Dec. 31, 2018

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 3, 2018

Closing Date: April 3, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The State of Washington.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Motel 6, Private Entity/Person

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 12,000,000

Order Duration: 2019 - 2022

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Issues

Discrimination-basis:

Immigration status

National origin discrimination

Immigration/Border:

Constitutional rights

ICE/DHS/INS raid

National Origin/Ethnicity:

Hispanic