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O'Reilly v. Connecticut Light & Power Co.

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


March 17, 2010

MICHAEL J. O'REILLY AND JOHN T. O'REILLY, PLAINTIFFS-APPELLANT S,
v.
CONNECTICUT LIGHT & POWER COMPANY, DIANE H. BROWN, MARY GOFFIN, AND NORTHEAST UTILITIES, DEFENDANTS-APPELLEES.

Appeal from the United States District Court for the District of Connecticut (Chatigny, J. ).

SUMMARY ORDER

SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER J ANUARY 1, ERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT' S LOCAL RULE 32.1.1. A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN DATABASE ( WITH THE NOTATION " SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 17th day of March, two thousand and ten.

PRESENT: ROBERT D. SACK, RICHARD C. WESLEY, Circuit Judges, RICHARD K. EATON, Judge.*fn1

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the United States District Court for the District of Connecticut be AFFIRMED.

Plaintiffs-appellants Michael O'Reilly and John O'Reilly, both pro se , commenced this action pursuant to, inter alia , Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq. ; the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq. ; the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692 et seq. ; and Connecticut law. The district court granted summary judgment in favor of defendants, and it denied plaintiffs' subsequent motion for reconsideration. Plaintiffs appeal both decisions.*fn2 We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

We review de novo a district court's order granting summary judgment. Graves v. Finch Pruyn & Co. , 457 F.3d 181, 183 (2d Cir. 2006). Having conducted a thorough and independent review of the parties' submissions and the appellate record, we conclude that the district court properly granted summary judgment in favor of defendants. First, Michael O'Reilly failed to adduce sufficient evidence that defendants discriminated against him "'by reason of'" his disability. Bolmer v. Oliveira , 594 F.3d 134, 148 (2d Cir. 2010) (quoting 42 U.S.C. § 12132). Therefore, summary judgment was appropriate as to his claim under Title II of the ADA. Second, with respect to Michael O'Reilly's FHA claim, we agree with the district court that a rational trier of fact could not conclude from this record that defendants violated the statute in the manner that plaintiff alleges. Third, the district court properly dismissed both plaintiffs' FDCPA claims because no defendant in this action is a "debt collector" under the statute. See 15 U.S.C. § 1692a(6). Finally, because each of plaintiffs' federal claims was properly dismissed, the district court acted within its discretion by declining to exercise supplemental jurisdiction over the remaining state-law claims. WWBITV, Inc. v. Vill. of Rouses Point , 589 F.3d 46, 52 (2d Cir. 2009). Accordingly, the district court did not err by granting defendants' motion for summary judgment.

Following the district court's entry of summary judgment, plaintiffs' filed a timely motion for reconsideration. The district court denied this motion, and we review that conclusion for abuse of discretion. United Airlines, Inc. v. Brien , 588 F.3d 158, 175 (2d Cir. 2009). However, for substantially similar reasons to those stated by the district court in its April 2, 2009 order, that motion was properly denied as well.

We have considered each of plaintiffs' arguments and find them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED .


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