Schroedel v. New York University Medical Center, 885 F. Supp. 594 (2nd Cir. SD NY 1995)
A deaf patient sought to bring a class action against a state university medical center seeking injunctive and monetary relief for failing to provide sign language interpreters in the emergency room in violation of the ADA and Section 504. Later, another deaf patient who needed emergency services of same defendant experienced the same refusal. He sought to intervene in the proposed class action amending with a cause of action for negligent and intentional infliction of emotional distress. Plaintiff's motion to certify a class was dismissed with leave to amend: Plaintiff lacked standing to seek injunctive relief. She failed to show a real and immediate threat of repeated injury since defendant hospital was not the nearest medical center to plaintiff's residence or place of employment and she did not regularly use the services of the hospital. Since plaintiff has no standing to assert her claims, the motion for class certification must fail. Motion to amend denied: Since plaintiff lacked standing, a filing for an additional claim for the same relief is also denied. Request for intervention denied: Non-party also lacked standing to assert a claim due to his inability to prove a real and immediate threat of repeated injury. However, he was not precluded from bringing a different action for damages.