Joyce A. Beverly v. Gateshudson, No. 1:2020cv01517 - Document 17 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION and ORDER. The Court GRANTS IN PART AND DENIES IN PART Defendants' Rule 12(b)(6) motion to dismiss Plaintiff's amended complaint 13 Counts II, III, and IV are DISMISSED. Defendant is DIRECTED lo file an answer within fourteen (14) days of the date of this Order. Signed by District Judge Liam O'Grady on 5/6/2021. (kgall)
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Joyce A. Beverly v. Gateshudson Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Joyce A.Beverly, Plaintiff, Case No. l:20-cv-1517 V. Hon. Liam O'Grady GatesHudson,et ai. Defendants. MEMORANDUM OPINION & ORDER Before the Court is Defendants' Rule 12(b)(6) motion(Dkt 13)to dismiss PlaintiflPs amended complaint(Dkt. 12). For the reasons set forth below, Defendants' motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND This dispute stems from a property management company's purported failure to accommodate a disabled resident, leading to her harm. Plaintiff Joyce Beverly is a retired 100% disabled veteran who leased an apartment managed by Virginia-based Defendant GatesHudson, Inc., for the lease term March 30,2019 through March 29,2020. Dkt. 1, at 2,^ 2. When Ms. Beverly moved into the apartment, she was given "open" parking with no assigned spaces, /rf. at 4,f 13. A week later, she was hospitalized due to severe breathing difficulties. Id. f 15. A short time after she was discharged from the hospital, on April 22,2019, the apartment complex implemented an assigned parking system. Id. ^16. Ms. Beverly was assigned a parking spot that was too far from the entrance ofthe apartment complex to accommodate her respiratory illness, which inhibits her ambulation. Id. f 17. She met with the lease manager ofthe complex to request a spot reassignment based on her disability and offered Dockets.Justia.com
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