From Casetext: Smarter Legal Research

In re Clark

United States Bankruptcy Court, Ninth Circuit
Mar 9, 2011
11-41178 RJN (B.A.P. 9th Cir. Mar. 9, 2011)

Opinion


In re DIDDO RUTH CLARK, Chapter 13 Debtor. No. 11-41178 RJN. United States Bankruptcy Court, N.D. California. March 9, 2011.

          MEMORANDUM AND ORDER

          EDWARD D. JELLEN, Bankruptcy Judge

         Diddo Ruth Clark, the above debtor ("Diddo"), has requested certain relief in connection with the above captioned chapter 13 bankruptcy case pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126 (the "Act").

Diddo requests, among other things, that she be excused from compliance with various court deadlines, that all proceedings be stayed until she retains counsel, that certain assets of certain of her creditors be ordered sold by this court, and that certain fees be waived.

         The Act does not apply to the federal government, does not excuse compliance with federal statutes, and does not concern the conduct of court proceedings. Accordingly, the foregoing request is denied.

This Court is part of the judicial branch of the federal government of the United States of America. The United States is excluded from those entities covered by the Act. See, 42 U.S.C. § 12111(5)(B)(i); § 12131(1); § 12181(6), (7) (United States not employer, public entity, or private entity operator of public accommodations subject to the ADA); Webster v. Henderson 32 Fed.Appx. 36, 2002 WL 261527 (4th Cir. 2002); Adger v. Potter, 2002 WL 1424558 (N.D. Ill. 2002) (United States not an employer subject to the Act); Cellular Phone Taskforce v. F.C.C. 217 F.3d 72 (2nd Cir. 2000) (federal government not a public entity subject to the Act); Disabled Rights Action Committee v. Las Vegas Events, Inc., 375 F.3d 861 (9th Cir. 2004) (the Act applies to private entities operating places of public accommodations, not to public entities).


Summaries of

In re Clark

United States Bankruptcy Court, Ninth Circuit
Mar 9, 2011
11-41178 RJN (B.A.P. 9th Cir. Mar. 9, 2011)
Case details for

In re Clark

Case Details

Full title:In re DIDDO RUTH CLARK, Chapter 13 Debtor.

Court:United States Bankruptcy Court, Ninth Circuit

Date published: Mar 9, 2011

Citations

11-41178 RJN (B.A.P. 9th Cir. Mar. 9, 2011)