United States District Court, D. Maryland
Frederick Motz United States District Judge
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.
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.
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.
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 ...