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Want v. Cerrone

United States District Court, D. Maryland

August 25, 2016

KEVIN CERRONE, et al. Defendants


          J. Frederick Motz United States District Judge

         On July 22, 2016, this court issued an order granting plaintiff to and including August 12, 2016, to file an amended complaint in the above-entitled action. ECF 10. Plaintiff has filed a response and an addendum addressing the matters outlined in this court's order. ECF 12 and 13.

         Plaintiff first asserts that this court is mistaken regarding the requirement that he provide names of litigants who are representative of the putative class action and states that "it is the defendant who is required to provide names of those who are potential litigants in a class matter." ECF 12 at p. 1. He further states that riders on public transportation do not wear name tags and "most are unwilling to identify themselves to others and many are afraid of retaliation." Id. Notwithstanding those observations, plaintiff provides the "names of several others who have provided their names for the purpose of this complaint." Id. No signatures are provided from the individuals named.

         In the addendum, plaintiff states "in response to this court's request for names of those who have engaged in discrimination, it would seem clear that those persons cited in the header of [the] complaint as defendants . . . were the persons responsible for the discrimination." ECF 13 at p. 1. He contends that the names of "drivers and other personnel of the Washington Co. Transit" will be obtained through the discovery process. Id. Plaintiff further suggests that this court is being "deliberately obstructive" with its orders requiring plaintiff to amend the complaint. Id.

         The complaint and addendum thereto asserts with respect to plaintiff Jerome Want that:

1. A driver of a fixed route bus attempted to drop him off at "several hundred yards" away from an intersection which would have required Want to walk up a long hill. ECF 1 at pp. 6-7.
2. In "late 2011" the driver for para transit picked Want up 30 minutes early requiring him to rush to finish his shopping. Want states the driver came into the store to tell him she was there and that drivers are prohibited from leaving the bus. Once he arrived at the bus with four bags of groceries, he was chastised by the driver for attempting to retrieve two bags from the sidewalk while leaning out of the bus holding onto the interior handle. ECF 9 at pp. 1 - 2.
3. On May 3, 2012, the bus was more than an hour late to transport Want to a medical appointment. He states he arrived at the doctor's office at 11:30 a.m. for a 10:40 a.m. appointment, but the driver dropped other riders off at places within the same medical center first, making Want so late for his appointment it was cancelled. Want states he then had to wait a full hour for a return para transit bus home. Id. at p. 2.
4. On August 2, 2012, a bus was supposed to pick Want up at 11:15 a.m. following a medical appointment, but was forty minutes late. Want was required to stand outside for forty minutes waiting for the bus. Id.
5. On February 3, 2015 at 1:30 p.m., Want was picked up at Walmart by a driver named David who informed Want that he had to make two other pick-ups before taking Want home with his groceries. One destination was in the eastern part of the county and Want was picked up in the western part of the county. Want's destination was in the southern part of the county. Because of his concern regarding the effect a one-hour ride on the bus would have on his back condition and the groceries he purchased, Want asked the driver to call the office to ask if he could let Want off at or near a transfer center on the way to the eastern part of the county. When the driver called, the office asked that Want himself call. Want states he called for fifteen minutes and no one answered the phones. Id. at pp. 2-3.
6. On March 3, 2015, Want states that a bus that was scheduled to pick him up at a store at 1:30 p.m. never arrived resulting in him standing in thirty degree weather for one and one-half hours. Want saw a para transit bus at the other end of the shopping center, walked approximately 200 yards to investigate and found it unattended. In an effort to locate the driver, Want went into another store and had the driver paged. When he returned the bus had left. After retrieving his packages, Want took a "fixed route bus" which dropped him off at the regular bus stop near his apartment complex, 150 yards from his apartment. When his merchandise fell to the ground because the shopping bag broke, Want was required to make two additional round trips to retrieve it. Id. at p. 3.
7. On November 18, 2015, a driver dropped Want off in the wrong location at Hagerstown Community College requiring Want to carry a desktop computer up 25 steps from the street to the doors of the building only to discover that the place he needed to be was on the opposite side of campus. When Want complained that the driver had not been provided with proper instructions, an alternate driver picked him up from the location and told him there would be no charge for the ride. He states "I could have further injured my back." Id. at p. 4.
8. On October 13, 2015, a para transit driver named Christina could not find Want's apartment, did not call Want for directions, and did not ask at the office for the apartment complex for directions. Want required the ride to appear as a witness in court. He claims after waiting for an hour he called the office to inform them he would be taking the regular bus. As he was waiting for the bus, a supervisor, Stephanie Overcash, drove to the bus stop and picked Want up in a county commuter car. Want was 50 minutes late for court and the case was continued in part due to his absence. Id. at p. 5.
9. On October 19, 2015, Want was scheduled to be picked up at 10:45 a.m., but no one arrived until 12:15 p.m. when a driver named Doris picked him up in a County Commuter Car and informed him that schedules were too tight for the drivers to comply with it. Want's ...

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