Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Awosefaju v. Martinez

United States District Court, D. Massachusetts

April 24, 2017

FRANCIS O. AWOSEFAJU, Plaintiff,
v.
ELIZABETH MARTINEZ and MANDELA PRESERVATION, LLC, Defendants.

          MEMORANDUM AND ORDER ON MOTION TO DISMISS

          F. Dennis Saylor IV United States District Judge

         This 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 the development.

         For the 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 dismissed.

         I. Background

         Construing the complaint liberally in favor of the pro se plaintiff, the complaint alleges as follows:

         Plaintiff 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.

         Awosefaju suffers from multiple health issues, including asthma and type-two diabetes. He contends that he "did not have good accommo[]dations 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."

         The 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 Connect[]icu[]t[] 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.

         On 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 be granted.

         II. Standard of Review

         On a 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)).

         III. Analysis

         A. Claims Against Martinez

         Although 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. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.