Lawrence Terry v. Extra Space Storage, Inc.; Extra Space Management, Inc.; ES Operating Partnership, L.P.; Jeffrey "Jeff" Lakevicius; Rick Miller; and John/Jane Does 1-10

Summary

The United States District Court for the District of South Carolina recommends summarily dismissing Lawrence Terry’s amended pro se complaint against Extra Space Storage and related defendants without prejudice and without issuance or service of process. The court concludes that the alleged facts do not plausibly establish ADA discrimination or retaliation and recommends dismissal of the related state-law claims for lack of supplemental jurisdiction. The court also denies or recommends denial of several pending motions, including motions for accommodations, appointed counsel, supplementation, reconsideration, and injunctive relief.

Holdings

1. The amended complaint failed to plausibly allege that defendants discriminated against Terry because of his disability because the allegations did not show that defendants failed to provide the requested accommodations.
2. The amended complaint failed to plausibly allege ADA retaliation because the alleged auction of Terry's storage units was attributed to his failure to make payments rather than retaliation for requesting accommodations or demanding arbitration.
3. Terry could not recover monetary damages under Title III of the ADA.
4. The court recommended dismissal of the state-law claims under 28 U.S.C. § 1367(c) after recommending dismissal of the federal ADA claim.
5. Terry was not entitled to appointment of counsel because he did not demonstrate exceptional circumstances warranting discretionary appointment in a civil action.

Questions Presented

1. Whether the amended complaint plausibly alleged discrimination or retaliation under Title III of the ADA.
2. Whether the court should dismiss the state-law claims for lack of an independent basis for federal jurisdiction after dismissal of the federal ADA claim.
3. Whether Terry was entitled to court-ordered ADA accommodations, appointment of counsel, supplementation of his motions, reconsideration of the prior report and recommendation, or a temporary restraining order.

Disposition

other