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Stross v. Gables Condo. Ass'n

United States District Court for the Western District of Washington

June 18, 2009, Decided; June 18, 2009, Filed

CASE NO. C09-830JLR

Opinion

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND TEMPORARY RESTRAINING ORDER

I. INTRODUCTION

This matter comes before the court on Plaintiff Susan Stross's motion for temporary restraining order (Dkt. # 2). The court has reviewed the complaint, the motion and accompanying papers, and the remainder of the record, and has heard the argument of counsel at the June 18, 2009 hearing on the motion for temporary restraining order. As outlined below in the court's findings of fact and conclusions of law, the court GRANTS Ms. Stross's motion for a temporary restraining order on the terms described in Part IV and orders that the parties appear on Wednesday, July 1, 2009, at 9:30 a.m. for a hearing on Ms. Stross's motion for preliminary injunction.

II. FINDINGS OF FACT

1. Ms. Stross is resident of Defendant The Gables Condominium Association ("The Gables") in Seattle,  [*2] Washington. She owns a condominium unit in The Gables. (Compl. (Dkt. # 1) P 1; Declaration of Susan Stross ("S. Stross Decl.") (Dkt. # 2-3) PP 2-3.)

2. Ms. Stross has progressive multiple sclerosis. (Compl. P 5; S. Stross Decl. P 1.) She is mentally competent; however, she has no use of her legs or right arm and she has only limited and sporadic use of her left arm. (Compl. P 5; Declaration of Peter Stross ("P. Stross Decl.") (Dkt. # 2-3) P 3; S. Stross Decl. PP 7-8.) Ms. Stross uses an electric wheelchair. (S. Stross Decl. P 1.)

3. Ms. Stross requires physical assistance on a daily basis. (Compl. PP 6, 11.) She employs six aides to assist her with daily functions, including getting out of bed, bathing, dressing, and eating. (Compl. P 8; S. Stross. Decl. P 9.) Ms. Stross's aides work on a part-time schedule on varying days. (S. Stross. Decl. P 9.)

4. Ms. Stross also has four emergency responders who are available to provide emergency assistance during the night. (Compl. P 11.) Her emergency responders include her sister, mother, father, and brother-in-law. (Id.)

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2009 U.S. Dist. LEXIS 52918 *; 2009 WL 1770129

SUSAN STROSS, Plaintiff, v. THE GABLES CONDOMINIUM ASSOCIATION, Defendant.

CORE TERMS

temporary restraining order, aides, condominium, responders, emergency, preliminary injunction, accommodation, handicap, box, locks, irreparable injury, door