The complaint filed against Kamalen Karidat, a church ministry serving the homeless, has been dismissed by District Court Chief Judge Frances Tydingco-Gatewood, for lack of jurisdiction and a failure to state a plausible claim for relief.
Tydingco-Gatewood agreed with Kamalen Karidat that Fedor Simanov’s complaint fails to state a cognizable legal theory or alleges insufficient facts under the legal theory.
“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face,” the judge stated.
The court ruled that Simanov’s claim of employment discrimination under the ADA lacks standing because he was never employed and never applied for employment with Kamalen Karidat. Tydingco-Gatewood stated that Simanov was merely an individual seeking to utilize the services of the establishment.
In addition, the federal court stated that Simanov filed an amended complaint but his motion to cancel the original complaint failed to provide any legal basis for his request, resulting in the court denying his motion regarding jurisdictional ground. Moreover, the amended complaint was filed without obtaining leave from the court prior to the filing and it was filed outside of the allotted time frame, nearly two months after the complaint was served on the defendant.
With the dismissal of the case, all other motions filed by Simanov have become moot.