Bernstein

Bernstein v. United States Department of Housing & Urban Development

Good Law
United States District Court, Northern District of CaliforniaOctober 1, 20213:20-cv-02983California1,265 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARY HELEN BERNSTEIN, et al., Case No. 20-cv-02983-WHO

Plaintiffs,

ORDER ADOPTING MAGISTRATE

v. JUDGE'S REPORT AND

RECOMMENDATION

UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, Re: Dkt. Nos. 95, 98, 102 et al., Defendants. 12 On August 16, 2021, Magistrate Judge Jacqueline Scott Corley issued a Report and Recommendation, recommending the court dismiss this case without leave to amend for failure to state a claim. Dkt. 99. Plaintiff Mary Bernstein filed an objection on August, 21, 2021, contesting the Report and Recommendation on the specific grounds that: (1) “exceptional circumstances” existed warranting the appointment of counsel; (2) judicial immunity did not bar claims brought under the Americans with Disabilities Act (“ADA”); and (3) plaintiffs were not prohibited from bringing an ADA claim against the United States Department of Housing and Urban Development (“HUD”) and the California Department of Fair Employment and…

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