Opinion
No. 11-41178 RJN.
March 9, 2011
MEMORANDUM AND ORDER
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).
Signed: March 09, 2011
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0971-4 User: twilliams Date Created: 3/9/2011 Case: 11-41178 Form ID: pdfeoc Total: 3 ust Office of the U.S. Trustee/Oak USTPRegion17.OA.ECF@usdoj.gov tr Martha G. Bronitsky 13trustee@oak13.com TOTAL: 2 db Diddo Ruth Clark 3527 Mt. Diablo Blvd., #131 Lafayette, CA 94549 TOTAL: 1