Randall v. Fulcrum Real Estate Services, Inc

Filing 3

ORDER ON APPLICATION TO PROCEED IN FORMA PAUPERIS AND ORDER TO SHOW CAUSE, granting 1 Motion for Leave to Proceed in forma pauperis. Plaintiff IS ORDERED TO SHOW CAUSE, in writing, if any he has, why this case and C17-5425RJB should not be consolidated. Signed by Judge Robert J. Bryan. Copy posted in C17-5425RJB. (JL) Paper copy sent to plaintiff @ Centralia address . Modified on 8/3/2017 (JL).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ROY V. RANDALL, SR.,

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Plaintiff,

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v.

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CASE NO. C17-5570 RJB
ORDER ON APPLICATION TO
PROCEED IN FORMA PAUPERIS
AND ORDER TO SHOW CAUSE

FULCRUM REAL ESTATE
SERVICES, Inc.,

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Defendant.

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This matter comes before the Court on Plaintiff’s application to proceed in forma
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pauperis (Dkt. 1) and on review of the proposed complaint (Dkt. 1-1). The Court has considered
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the relevant record and the remainder of the file herein.
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On July 24, 2017, Plaintiff filed a proposed civil complaint, an application to proceed in
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forma pauperis (“IFP”), that is, without paying the $400 filing fee for a civil case. Dkts. 1-1 and
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1.
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Plaintiff’s proposed complaint asserts that since April of 2015, he requested that the
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Defendant’s employees give him the “reasonable accommodation” of “unfettered access” to get
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ORDER ON APPLICATION TO PROCEED IN
FORMA PAUPERIS AND ORDER TO SHOW
CAUSE- 1

1 his bicycle to his basement apartment. Dkt. 1-1. Plaintiff maintains that he is a disabled veteran.
2 Id. He states that he had that access in his third floor apartment. Id. Plaintiff alleges that “the
3 only accommodation that would allow unfettered access is a key to the elevator allowing access
4 to the basement apartment.” Id. Plaintiff states that each of the Defendant’s employees “refused
5 [his] reasonable accommodations.” Id. Plaintiff asserts that after his basement apartment flooded
6 twice, the “decision was made to do the repair work on their own,” and “they were seeking to
7 force me to surrender [his] basement apartment.” Id. Plaintiff states that he was forcefully
8 evicted in July of 2017. Id. Plaintiff’s proposed complaint references “Title VIII of the Civil
9 Rights Act of 1968,” and § “804b or f” and “804f3B.” Id. As relief, Plaintiff states that he is
10 seeking (1) “pain and suffering for two years plus of being deprived of full use of [his] bicycle,”
11 (2) “appropriate punishment for denial of [his] reasonable accommodation,” (3) “punishment for
12 the forcible eviction” and “ensuing homeless situation,” (4) damages, (5) injunctive relief of
13 suspension of Defendant’s “license to practice Real Estate,” and (6) “Defendant business
14 practices he studied for further Civil Rights Discrimination violations.” Id.
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Plaintiff makes the same or similar allegations in this case as he does in a case Plaintiff

16 recently filed against Defendant’s current and former employees in Randal v. Parodi, et al,
17 Western District of Washington case number 17-5425 RJB. In that case, Plaintiff he alleges that
18 since April of 2015, he requested the “reasonable accommodation” of “unfettered access” to get
19 his bicycle to his basement apartment. Randal v. Parodi, et al, Western District of Washington
20 case number 17-5425 RJB, Dkt. 3, at 2. He states that he had that access in his third floor
21 apartment. Randal v. Parodi, et al, Western District of Washington case number 17-5425 RJB,
22 Dkt. 3, at 2. Plaintiff alleges that “the only accommodation that would allow unfettered access is
23 a key to the elevator allowing access to the basement apartment.” Randal v. Parodi, et al,
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ORDER ON APPLICATION TO PROCEED IN
FORMA PAUPERIS AND ORDER TO SHOW
CAUSE- 2

1 Western District of Washington case number 17-5425 RJB, Dkt. 3, at 2. Plaintiff states that each
2 of the individuals he names as defendants have “refused [his] reasonable accommodations.”
3 Randal v. Parodi, et al, Western District of Washington case number 17-5425 RJB, Dkt. 3, at 2.
4 Plaintiff’s complaint in that case references “Title VIII of the Civil Rights Act of 1968,” §
5 “8046” and “80463B.” Id. As relief, Plaintiff seeks (1) a key to the elevator, (2) pain and
6 suffering for having to carry his belongings by hand because he did not have access to his bike,
7 (3) “appropriate punishment for denial of [his] reasonable accommodation for the two years
8 plus,” (4) Defendants cease all efforts to evict him, and (5) training for Defendants. Randal v.
9 Parodi, et al, Western District of Washington case number 17-5425 RJB, Dkt. 3. His application
10 for IFP was granted on July 10, 2017. Randal v. Parodi, et al, Western District of Washington
11 case number 17-5425 RJB, Dkt. 4. The Parodi Defendants have not yet appeared.
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Standard for Granting Application for IFP. The district court may permit indigent

13 litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See
14 28 U.S.C. § 1915(a). However, the court has broad discretion in denying an application to
15 proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied 375
16 U.S. 845 (1963).
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Plaintiff’s Application to Proceed IFP. Plaintiff states that he has income of $995.00

18 per month in “disability, unemployment, workers compensation, or public assistance.” Dkt. 1.
19 He indicates he has $50 in cash and checking, no other assets or dependents, and has $600 in
20 monthly expenses. Id.
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Decision on IFP Application. Plaintiff’s application to proceed IFP (Dkt. 1) should be

22 granted. Plaintiff has sufficiently shown he is unable to pay the filing fee.
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ORDER ON APPLICATION TO PROCEED IN
FORMA PAUPERIS AND ORDER TO SHOW
CAUSE- 3

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Order to Show Cause. The allegations in this case and in Randal v. Parodi, et al,

2 Western District of Washington case number 17-5425 RJB are the same or similar; this case
3 involves a corporate defendant and Parodi involves the individual employees. On or before
4 August 11, 2017, Plaintiff should be ordered to show cause, in writing, if any he has, why this
5 case and Randal v. Parodi, et al, Western District of Washington case number 17-5425 RJB
6 should not be consolidated.
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Accordingly, it is hereby ORDERED that:

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Plaintiff’s application to proceed in forma pauperis (Dkt. 1) IS GRANTED; and

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On or before August 11, 2017, Plaintiff IS ORDERED TO SHOW CAUSE, in

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writing, if any he has, why this case and Randal v. Parodi, et al, Western District

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of Washington case number 17-5425 RJB should not be consolidated.

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The Clerk is directed to file a copy of this order in Randal v. Parodi, et al, Western

13 District of Washington case number 17-5425 RJB and send uncertified copies of this Order to all
14 counsel of record and to any party appearing pro se at said party’s last known address.
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Dated this 3rd day of August, 2017.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ON APPLICATION TO PROCEED IN
FORMA PAUPERIS AND ORDER TO SHOW
CAUSE- 4