ADA v20y2m26d

DISTRICT COURT Case
PLAINTIFF: Clifford Hackett, General Delivery, Barrigada, GU, 96913

DEFENDANT: GRTA grta.guam.gov

COMPLAINT

1. This Court has subject matter jurisdiction under 28 U.S.C. sections 1331 and 1343.

2. This action is commenced pursuant to 2201 and 2202 and 42 U.S.C., section 1983.

3. Defendant blocks disabled .

4. ADA enacted 1/26/90,

5. Congress said “discrimination persists" 42 U.S.C. l2101(a).

6. Congress said ADA is to "mandate standards” 42 U.S.C. 12101(b).

7. ADA Title III, covers "Public Accommodations and Services." 42 U.S.C. 12181.

8. Businesses are public accommodations. 42 USC 12181.

9 The barrier removal is “readily achievable” 42 USC12182(b)(2)(A)(iv).

10. Removing barriers IS MANDATORY 28 C.F.R 36.304(a) – (c). By failing to remove barriers defendant violates the ADA.

CLAIM FOR RELIEF

The plaintiff pray that the Court order the defendant to remove barriers and pay plaintiffs attorney fees and such relief as the court sees fit.

I HEREBY CERTIFY this was sent to the other party when it was sent to this court and I will settle for mediation at www.rayis.me/ada

3PART MOTION

FOR FREE PROCESS

I request waiver of fees as my only income is $600social security and I pay $500rent

_GRANTED DENIED_

TO ALLOW FILING BY FAX

I request the reasonable accommodation of filing by fax as I am deaf/blind

_GRANTED DENIED_

FOR ELECTRONIC PROCESS SERVICE

I request as a reasonable accommodation leave to serve parties via Fax and/or Email

_GRANTED DENIED_

ADA copy

.. DISTRICT COURT CASE #

PLAINTIFF: Clifford Hackett, General Delivery, Barrigada, GU, 96913

DEFENDANT: GRTA grta.guam.gov

COMPLAINT

1. This Court has subject matter jurisdiction under 28 U.S.C. sections 1331 and 1343.

2. This action is commenced pursuant to 2201 and 2202 and 42 U.S.C., section 1983.

ALLEGATIONS

3. Plaintiffs are USA citizen

4. Defendant owns a business

5. Defendant blocks disabled .

6. ADA enacted 1/26/90,

7. Congress said “discrimination persists" 42 U.S.C. l2101(a).

8. Congress said ADA is to "mandate standards” 42 U.S.C. 12101(b).

9. ADA implemented 1/ 26/92.

10. Defendant’s business has barriers

11. ADA Title III, covers "Public Accommodations and Services." 42 U.S.C. 12181.

12. Businesses are public accommodations. 42 USC 12181.

13. Defendant’s business has barriers

14 The barrier removal is “readily achievable” 42 USC12182(b)(2)(A)(iv).

15. Removing barriers IS MANDATORY 28 C.F.R 36.304(a) – (c).

16. Similar businesses have made similar modifications, but defendant chose not to comply.

17. In Section 44 and 190 of the IRS Code, businesses get a tax credit of 50% of the cost

18. Plaintiff wants to use the defendant’s business.

CLAIM FOR RELIEF:

19. Pursuant to the ADA, 42 USC12101, et seq., and law pursuant to this Act, 28 CFR36.304, defendant was to remove barriers by 1/26/92. .

20. By failing to remove barriers defendant violates the ADA.

WHEREFORE, the plaintiff

pray that the Court order the defendant to remove barriers and pay plaintiffs attorney fees and such relief as may be just, proper, and equitable.

I HEREBY CERTIFY this was sent to the other party the same day it was sent to this court and I will settle for mediation at www.rayis.me/ada

http://free4g.me/law/sig.jpg

3PART MOTION

FOR FREE PROCESS

I request waiver of fees as my only income is $600 social security and I pay $500 rent

GRANTED_

DENIED_

TO ALLOW FILING BY FAX

I request the reasonable accommodation of filing by fax as I am deaf/blind

GRANTED_

DENIED_

FOR ELECTRONIC PROCESS SERVICE

I request as a reasonable accommodation leave to serve parties via Fax and/or Email

GRANTED_

DENIED_

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the other party on the same day it was sent to this court.

http://free4g.me/law/sig.jpg

Fedor lawsuit documents

v. Kamalen Karidat
Guam District Court
Judge: Frances M Tydingco-Gatew
Referred: Michael J Bordallo
Case #: 1:19-cv-00143
Nature of Suit 446 Civil Rights – Amer w/Disabilities – Other
Cause 42:2000 Job Discrimination (Public Accomodations)
Case Filed: Oct 21, 2019
Docket
Parties (2)
Docket last updated: 9 hours ago
Monday, February 24, 2020
28 respm Opposition to Motion Mon 02/24 3:32 PM
Opposition re25 Motion to Strike18 Amended Complaint and Dismiss (fad, )
Friday, January 31, 2020
27 service Certificate of Service Fri 01/31 3:37 PM
Certificate of Service filed by Kamalen Karidat re25 Motion to Strike18 Amended Complaint filed by Fedor Simanov.(fad, ) and Dismiss filed by Kamalen Karidat. (Thompson, Randall Todd),24 Opposition re20 Motion on re-calling the representatives of the defendant,21 Motion to Set Trial Date,22 Motion regarding Jurisdictional Grounds , re 19 Motion about transcript of the video filed by Kamalen Karidat. (Thompson, Randall Todd),26 Memorandum in Support re:25 Motion to Strike18 Amended Complaint filed by Fedor Simanov.(fad, ) and Dismiss filed by Kamalen Karidat. (Thompson, Randall Todd) Plaintiff’s Purported Amended Complaint . filed by Kamalen Karidat. (Thompson, Randall Todd). (Thompson, Randall Todd)
26 12 pgs misc Memorandum in Support – Outside users Fri 01/31 1:56 PM
Memorandum in Support re:25 Motion to Strike18 Amended Complaint filed by Fedor Simanov.(fad, ) and Dismiss filed by Kamalen Karidat. (Thompson, Randall Todd) Plaintiff’s Purported Amended Complaint . filed by Kamalen Karidat. (Thompson, Randall Todd)
25 motion Motion to Strike Fri 01/31 1:49 PM
Motion to Strike18 Amended Complaint filed by Fedor Simanov.(fad, ) and Dismiss filed by Kamalen Karidat. (Thompson, Randall Todd)
24 respm Opposition to Motion – Outside users Fri 01/31 1:45 PM
Opposition re20 Motion on re-calling the representatives of the defendant,21 Motion to Set Trial Date,22 Motion regarding Jurisdictional Grounds , re 19 Motion about transcript of the video filed by Kamalen Karidat. (Thompson, Randall Todd)
Tuesday, January 28, 2020
23 misc Digital Audio Recording Order Tue 01/28 4:27 PM
Audio Recording Order. ECF No. 19 filed on 1/23/2020 Fee $ 31, receipt number GUX016075. (fad, )
Thursday, January 23, 2020
22 motion Motion (generic) Thu 01/23 3:13 PM
Motion regarding Jurisdictional Grounds filed by Fedor Simanov. (fad, )
21 motion Motion (generic) Thu 01/23 3:11 PM
Motion to Set Trial Date filed by Fedor Simanov. (fad, )
20 motion Motion (generic) Thu 01/23 3:10 PM
Motion on re-calling the representatives of the defendant filed by Fedor Simanov. (fad, )
19 notice Notice (Other) Thu 01/23 2:55 PM
Notice Submission of CD filed by Fedor Simanov (fad, )
18 cmp Amended Complaint Thu 01/23 2:25 PM
Amended Complaint filed by Fedor Simanov.(fad, )
Tuesday, January 21, 2020
utility Set/Reset Deadlines Tue 01/21 12:03 PM
Set Deadlines: Response to Motion to Dismiss due by 1/24/2020. (vtk)
Thursday, January 09, 2020
17 1 pgs order Order ~Util – Set Deadlines Thu 01/09 12:14 PM
Order re12 Motion to Dismiss Complaint filed by Kamalen Karidat. The court ORDERS the Plaintiff to file a response or opposition to the motion no later than January 24, 2020. The court warns the Plaintiff that failure to file a response to the Motion to Dismiss as directed may result in the granting of the motion and the dismissal of this action. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 1/9/2020. (fad, )
16 3 pgs order Order on Motion for Miscellaneous Relief Order on Request Thu 01/09 12:11 PM
Order denying4 Motion If the Defendant Attracts a Lawyer; denying5 Request About Technical Support; denying6 Request for Appointment of a Translator denying7 Request to Close the Process for the Press; denying8 Motion About the Obligation of the Defendant to Appear at the Trial. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 1/9/2020. (fad, )
service Certificate of Service Thu 01/09 12:20 PM
Court Certificate of Service re16 Order,17 Order – Fedor Simanov emailed courtesy copies of orders on 1/9/2020 at address previously provided to the court. (fad, )
service Certificate of Service Thu 01/09 12:32 PM
Court Certificate of Service re16 Order,17 Order – Fedor Simanov served on 1/9/2020 via certified mail no. 7017 1070 0000 5496 3448, return receipt requested at 425 Chalan San Antonio Post Box 595, Tamuning, Guam 96913. (fad, )
Friday, November 29, 2019
15 service Certificate of Service Fri 11/29 1:39 PM
Certificate of Service filed by Kamalen Karidat re13 Memorandum in Support re:12 Motion to Dismiss Complaint filed by Kamalen Karidat. (Thompson, Randall Todd) . filed by Kamalen Karidat. (Thompson, Randall Todd),12 Motion to Dismiss Complaint filed by Kamalen Karidat. (Thompson, Randall Todd),11 Entry of Appearance filed by Randall Todd W. Thompson on behalf of Kamalen Karidat (Thompson, Randall Todd),14 Declaration re12 Motion to Dismiss Complaint of Doris C. Royal filed by Kamalen Karidat. (Thompson, Randall Todd). (Thompson, Randall Todd)
Wednesday, November 27, 2019
14 respm Declaration Wed 11/27 3:03 PM
Declaration re12 Motion to Dismiss Complaint of Doris C. Royal filed by Kamalen Karidat. (Thompson, Randall Todd)
13 12 pgs misc Memorandum in Support – Outside users Wed 11/27 3:01 PM
Memorandum in Support re:12 Motion to Dismiss Complaint filed by Kamalen Karidat. (Thompson, Randall Todd) . filed by Kamalen Karidat. (Thompson, Randall Todd)
12 motion Dismiss Wed 11/27 2:58 PM
Motion to Dismiss Complaint filed by Kamalen Karidat. (Thompson, Randall Todd)
11 notice Entry of Appearance Wed 11/27 2:55 PM
Entry of Appearance filed by Randall Todd W. Thompson on behalf of Kamalen Karidat (Thompson, Randall Todd)
Thursday, November 07, 2019
10 service Summons Returned Executed Thu 11/07 3:12 PM
Summons Returned Executed filed by Fedor Simanov. Kamalen Karidat served on 11/6/2019, answer due 11/27/2019. (fad, ) (fad, )
Att: 1 (11/7/2019) USM285 (Sealed)
Friday, November 01, 2019
9 notice Notice (Other) Mon 11/04 4:47 PM
Petition filed by Fedor Simanov re4 If the Defendant Attracts a Lawyer,6 Request for the Appointment of a Translator,5 About Technical Support,7 Request to Close the Process for the Press,8 About the Obligation of the Defendant to Appear at the Trial. (vtk)
8 motion Motion (generic) – Outside users Mon 11/04 4:40 PM
About the Obligation of the Defendant to Appear at the Trial filed by Fedor Simanov. (vtk)
7 motion Request Mon 11/04 4:38 PM
Request to Close the Process for the Press filed by Fedor Simanov. (vtk)
6 motion Request Mon 11/04 4:36 PM
Request for the Appointment of a Translator filed by Fedor Simanov. (vtk)
5 motion Request Mon 11/04 4:34 PM
About Technical Support filed by Fedor Simanov. (vtk)
4 motion Motion (generic) Mon 11/04 4:28 PM
If the Defendant Attracts a Lawyer filed by Fedor Simanov. (vtk)
service Certificate of Service Fri 11/08 9:11 AM
Court Certificate of Service re3 Order granting2 Application to Proceed without Prepayment of Fees and Affidavit- Feder Simanov acknowledged receipt on 11/1/2019. (fad, )
Wednesday, October 23, 2019
3 1 pgs order Order on Application to Proceed without Prepayment of Fees and Affidavit Wed 10/23 10:14 AM
Order granting2 Application to Proceed without Prepayment of Fees and Affidavit. Signed by Magistrate Judge Joaquin V.E. Manibusan, Jr on 10/23/2019. (fad, )
Monday, October 21, 2019
2 motion Application to Proceed without Prepayment of Fees and Affidavit Mon 10/21 10:43 AM
Application to Proceed without Prepayment of Fees and Affidavit filed by Fedor Simanov. (fad, )
1 cmp Complaint Mon 10/21 10:42 AM
Complaint against Kamalen Karidat (Filing fee $ 400.00 receipt number IFP PENDING.), filed by Fedor Simanov. (fad, )
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Fedor lawsuit against k a r i d a t

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Russian seeking asylum sues archdiocese’s Kamalen Karidat, seeks $500K in damage

Guam Fire Department personnel served food for people in need at the Kamalen Karidat soup kitchen in Hagatna on Monday May 28, 2018. It was the first time Kamalen Karidat served a feast on World Hunger Day, said Doris C. Royal, program director of the Achdiocese of Agana’s Ministry to the Homeless. Since 2011, World Hunger Day is an initiative by The Hunger Project. Started in 2011, it aims to celebrate sustainable solutions to hunger and poverty.
FRANK SAN NICOLAS/PDN
HAIDEE EUGENIO GILBERT | PACIFIC DAILY NEWS | 7:41 am ChST October 22, 2019

A man from Russia seeking asylum in the United States sued the entity running a soup kitchen for the poor and homeless, accusing it of violating his human rights and discriminating against him.

Russian national Fedor Simanov on Monday filed a $500,000 lawsuit in federal court against Kamalen Karidat, which runs a soup kitchen called Kusinan Kamalen under the Archdiocese of Agana.

He filed a lawsuit for discrimination against national origin, age discrimination, discrimination on the basis of disability, and violation of the international law on human rights.

He said discrimination and inhumane treatment should not be an obstacle to the right to seek asylum.

Doris C. Royal, program director of Kamalen Karidat, said she couldn’t comment on the lawsuit.

Simanov said in his lawsuit that Kamalen Karidat refused to provide him service including food and not allowing him to take a proper shower at the facility. He said he’s also discriminated against because of his features and his disability, among other things.

Related: Homeland security terminates parole program, Russian visitors to Guam must obtain visas

Among the incidents, he said, was when Kamalen Karidat program director Doris Royal told him that the institution is now closed to him because he used the shower after he had twice been refused. Simanov said the official began to scream and did not want to listen.

He said Royal refused to give any people food until he was expelled from the premises, leaving him at the mercy of the homeless people waiting for food.

"It seemed to me that this crowd wanted to tear me to pieces. They shouted that I had no right to anything, that I was a spy, an enemy of the people and should leave Guam. They began to throw me out into the street, pushing my stroller. When the police arrived, these people made me leave the room by force," Simanov said in his lawsuit.

Arrived on Guam on Sept. 4
Simanov said he uses a wheelchair because of a rare disease. He said he arrived on Guam on Sept. 4 to flee "torture and harassment by state services from Moscow, Russia."

He said all help services and charitable organizations refused him, and he was "abandoned to die on the street." He said he was forced to seek help from police, and they brought him to Kamalen Karidat on Sept. 20.

Simanov said the following day, an employee of Kamalen Karidat identified as "Gilbert," drew attention to his identity, "considering me a Jew."

He said he wanted to take a shower at the facility, under a program that’s posted on the archdiocese’s website. He said he was refused the service.

On Oct. 13, he said he went to Kamalen Karidat’s dining room. He said he was forced to take a shower for two minutes.

In his lawsuit, he said depriving him of his natural rights to maintain dignity when receiving help from a charitable organization is illegal. He said he was expelled from a charity illegally and arbitrarily.

Reporter Haidee Eugenio Gilbert covers Guam’s Catholic church issues, government, business and more. Follow her on Twitter @haidee_eugenio.

Originally Published 7:41 am ChST October 22, 2019
Updated 7:41 am ChST October 22, 2019
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