Kholost et al v. U.S. Department of Housing and Urban Development et al
| Eteri Kholost and Leonid Leontiev |
| Real Page, Inc. and U.S. Department of Housing and Urban Development |
| 1:2016cv06651 |
| November 30, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Ann M Donnelly |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
32
MEMORANDUM AND ORDER. The plaintiffs' claims against HUD are barred by sovereign immunity; the plaintiffs' FTCA claim against HUD fails because the plaintiffs did not exhaust their administrative remedies and did not allege any tortious act by a federal employee; RealPage is not subject to suit under § 1983 or the FCRA; and the plaintiffs fail to state a claim under FOIA. Accordingly, HUD and RealPage's motions to dismiss are granted. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Ann M. Donnelly on 7/23/2018. (Greene, Donna)
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