United States District Court, D. Massachusetts
FRANCIS O. AWOSEFAJU, Plaintiff,
ELIZABETH MARTINEZ and MANDELA PRESERVATION, LLC, Defendants.
MEMORANDUM AND ORDER ON MOTION TO DISMISS
Dennis Saylor IV United States District Judge
is, apparently, a landlord-tenant dispute. According to the
pro se complaint, plaintiff Francis Awosefaju lives
in a rental unit in the Mandela Homes development. Mandela
Homes is owned by defendant Mandela Preservation, LLC. The
complaint alleges that Mandela Preservation failed to provide
a reasonable accommodation for his disability and
discriminated against him based on his national origin. It
further alleges that defendants committed fraud in managing
following reasons, defendants' motion to dismiss will be
denied without prejudice to its renewal and plaintiff shall
have until May 24, 2017, to file an amended complaint that
complies with the Federal Rules of Civil Procedure. If
plaintiff fails to do so, the matter will likely be
the complaint liberally in favor of the pro se
plaintiff, the complaint alleges as follows:
Francis Awosefaju is a tenant at Mandela Homes in Roxbury,
Massachusetts. Mandela Homes is owned by defendant Mandela
Preservation, LLC. It is not clear from the complaint how
defendant Elizabeth Martinez is connected to this action.
suffers from multiple health issues, including asthma and
type-two diabetes. He contends that he "did not have
good accommodations in [his] unit because [he is] from
Africa." Specifically, the complaint alleges that the
unit lacked "good heat... [a] good refrigerator . . .
[and a] good stove, " and that "all [of the]
utilities are not in good condition." It further
alleges that the materials used to construct his unit
"make [him] sick and mess up [his] food."
complaint alleges that "there [is] lots of fraud . . .
going on in Mandela Homes." Although it is not entirely
clear, it appears that the fraud claim concerns allegations
that "the first rents of residents went to the state of
Connecticut instead of [the] HUD office" and that
Awosefaju "was told from [a] member of the . . . Board,
that. . . HUD gave 37, millions dollars every y[ea]r to
maint[ai]n the Mandela Building, and the Court receiver
charge [sic] 447, thousand dollars for a, meeting."
The complaint attaches a Suffolk County Superior Court order
dated June 15, 2011, authorizing an unnamed receiver to
terminate certain members from the Mandela Homes Board.
November 8, 2016, Awosefaju filed the complaint in this
action. Defendants have moved to dismiss under Fed.R.Civ.P.
12(b)(6) for failure to state a claim upon which relief can
Standard of Review
motion to dismiss, the Court "must assume the truth of
all well-plead[ed] facts and give the plaintiff the benefit
of all reasonable inferences therefrom." Ruiz v.
Bally Total Fitness Holding Corp., 496 F.3d 1,
5 (1st Cir. 2007) (citing Rogan v. Menino, 175 F.3d
75, 77 (1st Cir. 1999)). To survive a motion to dismiss, the
complaint must state a claim that is "plausible on its
face." BellAtl. Corp. v. Twombly, 550 U.S. 544,
570 (2007). That is, "[f]actual allegations must be
enough to raise a right to relief above the speculative level
... on the assumption that all the allegations in the
complaint are true (even if doubtful in fact)."
Id. at 555 (citations omitted). "The
plausibility standard is not akin to a 'probability
requirement, ' but it asks for more than a sheer
possibility that a defendant has acted unlawfully."
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Twombly, 550 U.S. at 556). Dismissal is appropriate
if the complaint fails to set forth "factual
allegations, either direct or inferential, respecting each
material element necessary to sustain recovery under some
actionable legal theory." Gagliardi v.
Sullivan, 513 F.3d 301, 305 (1st Cir. 2008) (quoting
CentroMedico del Turabo, Inc. v. Feliciano de
Melecio, 406 F.3d 1, 6 (1st Cir. 2005)).
Claims Against Martinez
Elizabeth Martinez is named as a defendant in this action,
the complaint does not contain any factual allegation
concerning her. It is not clear what connection, if any, she
has to the events described. ...