Lamboy v. AG-FCP Fairways Owners, L.L.C.

Filing 13

MEMORANDUM. Signed by Judge J. Frederick Motz on 2/12/14. (hmls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

JASMINE LAMBOY

v.
AG-FCP FAIRWAYS OWNERS, LLC

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Civil No. – JFM-13-3825

MEMORANDUM

In this action plaintiff asserts claims under the Americans With Disability Act and for
negligence under state common law. Plaintiff’s claim arises from defendant’s alleged failure to
remediate mold conditions that existed in an apartment rented by plaintiff from defendant.
It has been held in this district that “residential facilities – such as apartments and
condominiums - do not fall within the definite of public accommodation.” Hardaway v. Equity
Residential Mgmt., 2012 U.S. Dist. LEXIS 127051 (D.Md. Sept. 6, 2012). Although, as noted by
plaintiff, Hardaway was a case involving two pro se plaintiffs where no hearing was held, cases
from other jurisdictions have reached the same result that was reached in Hardaway. See Gragg
v. Park Ridge Mobile Home Court, LLP, 2011 WL 4459701, at *4 (C.D. Ill. Sept. 26, 2011);
Radivojevic v. Granville Terrace Mutual Owndership Trust, 2001 WL 123796, at *3 (N.D. Ill.
Jan 31, 2001); Independent Hous. Servs. v. Fillmore Ctr. Assocs., 840 F. Supp. 1328, 1344 & n.
14 (N.D. Cal. 1993).
There is no diversity of citizenship between the parties, and therefore this court has no
independent jurisdiction over the negligence claim. The court declines to exercise supplemental
jurisdiction over that claim and it will be dismissed without prejudice. See 28 U.S.C. §1367(c).

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A separate order effecting the rulings made in this memorandum is being entered
herewith.

Date: February 12, 2014

___/s/_____________________
J. Frederick Motz
United States District Judge

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