Yasin v. MV Transportation et al

Filing 6

ORDER entered: The court grants the motion to dismiss. (Docket Entry No. 2). Yasin must file an amended complaint by June 30, 2023. Failure to file an amended complaint will result in dismissal with prejudice. The IPTC will be reset by separate notice to allow time to amend. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Case 4:23-cv-01050 Document 6 Filed on 05/22/23 in TXSD Page 1 of 2
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SHARON YASIN,
Plaintiff,
v.
MV TRANSPORTATION and JORGE
GONZALEZ,
Defendants.

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May 22, 2023
Nathan Ochsner, Clerk

CIVIL CASE NO. H-23-1050

ORDER
Sharon Yasin sued the defendants in state court for violations of the Americans with
Disabilities Act, 42 U.S.C. §§ 12102 et seq. The defendants removed the case to this court,
(Docket Entry No. 1), and have moved to dismiss the complaint for failure to state a claim. (Docket
Entry No. 2). Yasin has not responded to the motion.
Yasin’s complaint alleges, as its factual basis, only that “MV Transportation denied me
service” and that “Jorge Gonzale[z] fraudulently created [f]alse statements and documents to
intentionally disqualify Plaintiff from utilizing MV Transportation Paratransit Service.” (Docket
Entry No. 1-1 at 9 ¶¶ 1–2).
While the Federal Rules ask for a “short and plain statement of the claim showing that the
pleader is entitled to relief,” FED. R. CIV. P. 8(a)(2), a complaint must be “more than an unadorned,
the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
A claim must contain a plausible claim for relief, meaning allegations “that allow[] the court to
draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007)). Yasin’s complaint does not pass this bar,

Case 4:23-cv-01050 Document 6 Filed on 05/22/23 in TXSD Page 2 of 2

omitting essential elements of an ADA claim. She fails to allege, for example, that she is a
qualified individual under the ADA. Neely v. PSEG Tex., L.P., 735 F.3d 242, 245 (5th Cir. 2013).
The court grants the motion to dismiss. (Docket Entry No. 2). Yasin must file an amended
complaint by June 30, 2023. Failure to file an amended complaint will result in dismissal with
prejudice.
SIGNED on May 22, 2023, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge

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