X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Pro se Plaintiff Scott Phillip Lewis (“Plaintiff”) commenced this action on January 25, 2024, alleging violations of his rights under the Americans with Disabilities Act (“ADA”) by Defendants Paymaster Payroll Systems, Inc. (“Paymaster”), Joseph Pompo, and Kenneth Cardarelli. See Dkt. No. 1. In a Report-Recommendation and Order dated February 29, 2024, Magistrate Judge Daniel J. Stewart recommended (1) Plaintiff’s application to proceed in forma pauperis (“IFP”) be granted for the purposes of filing and; (2) Plaintiff’s complaint be dismissed without prejudice. See Dkt. No. 7. Plaintiff filed written objections following the Report-Recommendation and Order. See Dkt. No. 8. For the below stated reasons, the Court adopts the Report-Recommendation and Order in its entirety. II. BACKGROUND Plaintiff’s claims arise from being allegedly denied tax filing services by two entities while he was disabled from injuries he sustained several years prior. Thereafter, Plaintiff moved from Syracuse, New York, to Austin, Texas. See Dkt. No. 1 at 10. Sometime after May 2014, Plaintiff was hired as a “JV Lacrosse Coach at Vandegrift High School in Austin, TX.” Id. at 10. Plaintiff does not state when, if ever, he stopped working as a lacrosse coach. Plaintiff alleges that he has suffered from chronic pain since he sustained a wrist injury in 2012. See id. at 8. In November 2015, Plaintiff was injured “in a hit and run accident” that left him with a traumatic brain injury.1 Id. at 11. Plaintiff received treatment for post-traumatic stress disorder (“PTSD”) and attention-deficit hyperactivity disorder (“ADHD”) sometime around December 2015. See id. at 15. Around December 2017, Plaintiff received family and medical leave (“FMLA”) from his employer, Charles Schwab. See id. at 27. Plaintiff was officially diagnosed with ADHD around January 2022, see id. at 69, and with PTSD around May 2023. See id. at 70. In April 2016, Plaintiff asked Kenneth Cardarelli (“Cardarelli”), a licensed Certified Public Accountant, for assistance in filing for an extension to file his 2015 tax return. See id. at

15-16. Cardarelli ran a sole proprietorship in Syracuse, New York, and had completed Plaintiff’s taxes in 2013 and 2014. See id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›