Stephanie Gambini v. Total Renal Care, Inc., D/B/A Davita, Inc.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

After review of (a) the petition for rehearing filed by appellee Total Renal Care Inc. d/b/a DaVita, Inc. (“DaVita”), coupled with its motion to withdraw a portion of our opinion and to certify a question to the Washington Supreme Court, and (b) the motion by Washington Retail Association for leave to file a brief amicus curiae in support of that petition and motion, we:

OPINION

Stephanie Gambini (“Gambini”) appeals the district court’s denial of her renewed motion, alternatively seeking judgment as a matter of law and a new trial, following a jury verdict in favor of her former employer Total Renal Care, Inc., d/b/a DaVita, Inc. (“DaVita”). Gambini originally brought suit in Pierce County Superior Court in Tacoma, Washington, charging that DaVita had discriminated against her in violation of the Washington Law Against Discrimination (“Washington Law,” Wash. Rev.Code §§ 49.60.010 to 49.60.401) and the Family Medical Leave Act (“FMLA,” 29 U.S.C. §§ 2601 to 2654). DaVita then timely removed the case to the United States District Court for the Western District of Washington, where DaVita prevailed at trial. We affirm as to…