Kerby Stracco v. Townsquare Mark Center, et al.

Summary

The United States District Court for the Eastern District of Virginia denied Plaintiff Kerby Stracco’s motions to transfer, for recusal, and for emergency injunctive relief. The court granted the Bozzuto Defendants’ motion to dismiss the Fair Housing Act reasonable-accommodation claims, denied their alternative motion for summary judgment as moot, and dismissed the claims against Caitland Roberts. Plaintiff was granted 21 days to amend the complaint.

Holdings

1. Transfer was improper because Plaintiff did not allege that any defendant resided in the District of Columbia or that a substantial part of the events or omissions giving rise to the claims occurred there.
2. Recusal was not warranted because Plaintiff failed to show extrajudicial bias or that the court's impartiality might reasonably be questioned.
3. The complaint failed to state a plausible FHA reasonable-accommodation claim because it did not adequately allege that the requested accommodations were necessary to afford a disabled person an equal opportunity to use and enjoy housing, or that there was a sufficient nexus between the alleged disability and the alleged discrimination.
4. The claims against Caitland Roberts were dismissed because Plaintiff failed to allege sufficient facts establishing her liability.
5. Plaintiff was granted twenty-one days to amend the complaint to address its deficiencies and comply with Rule 8(a).

Questions Presented

1. Whether the action could be transferred to the United States District Court for the District of Columbia under 28 U.S.C. § 1404(a).
2. Whether recusal was required under 28 U.S.C. §§ 144 and 455.
3. Whether the complaint plausibly alleged a Fair Housing Act failure-to-provide-reasonable-accommodation claim.
4. Whether Defendant Caitland Roberts was individually liable on the allegations in the complaint.
5. Whether Plaintiff should receive leave to amend the complaint.

Disposition

other