Shine v. New York City Housing Authority ( 2020 )

UNITED STATES DISTRICT COURT EDLOECC#:T RONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 8/3/2020 WENDY SHINE, individually and on behalf of her minor child, C.W., Plaintiffs, No. 19-cv-04347 (RA) v. ORDER NEW YORK CITY HOUSING AUTHORITY, Defendant. RONNIE ABRAMS, United States District Judge: No later than August 14, 2020, the parties shall submit supplemental briefing in connection with Defendant’s motion to dismiss addressing the following questions: (1) Does a plaintiff alleging discrimination based on a failure to provide reasonable accommodations under the Americans with Disabilities Act (“ADA”), 42 U.S.C § 12131 et seq., or Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 701 et seq., need to show that the defendant “knew or reasonably should have known” of the plaintiff’s disability as an element of her prima facie case, consistent with McMillan v. City of New York., 711 F.3d 120, 125-26 (2d Cir. 2013), Logan v. Matveevskii, 57 F. Supp. 3d 234, 256 (S.D.N.Y. 2014), and Pinckney v. Carroll, No. 18-CV-12198 (VEC), 2019 WL 6619484, at *6, *8 (S.D.N.Y. Dec. 4, 2019)? (2) To the extent that a plaintiff must allege that a defendant “knew or reasonably should have known” of the plaintiff's disability as an element of an ADA or Section 504 reasonable accommodation claim, has Shine made the adequate showing here and if not, does she seek leave to amend her complaint? SO ORDERED. Dated: August 3, 2020 Sf New York, New York A □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ United States District Judge