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Philip J. Nathanson Arizona State Bar #013624

THE NATHANSON LAW FIRM

8326 E. Hartford Dr., Suite 101

Scottsdale, AZ 85255 

(480) 419-2578

(480) 419-4136

philipj@nathansonlawfirm.com

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

ALYSSA JONES,

Plaintiff,

vs.

RIOT HOSPITALITY GROUP, LLC, 

RHG VENTURES, LLC, 

ERIC SANCHEZ, individually and

RYAN HIBBERT, individually,

Defendants.

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No. 

COMPLAINT 

(Jury Trial Demanded)

Plaintiff, ALYSSA JONES, by her attorneys, PHILIP J. NATHANSON and

THE NATHANSON LAW FIRM, complains against the Defendants, RIOT 

HOSPITALITY GROUP, LLC, RHG VENTURES, LLC, ERIC SANCHEZ, 

individually, and RYAN HIBBERT, individually, and alleges as follows:

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. Sections 451, 

1331, and 1343. This action is authorized and instituted pursuant to (1) Title VII of 

the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. Section 2000e5(f)(1); (2) and Section 102 of the Civil Rights Act of 1991, 42 U.S.C. Section 

1981a; (3) Arizona Civil Rights Act, A.R.S. §§41-1461 et seq. (the ACRA); and 

(4) Arizona state law on sexual battery.

2. Venue is proper in this district pursuant to 28 U.S.C. § 1391.

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3. The employment practices and sexual battery alleged to be unlawful 

were committed within the County of Maricopa, State of Arizona.

4. Defendant Riot Hospitality Group, LLC is an Arizona limited liability 

company having its principal place of business within the State of Arizona, County 

of Maricopa for purposes of jurisdiction and venue. 

5. Defendant RHG Ventures, LLC is a member of Riot Hospitality Group, 

LLC and is an Arizona limited liability company principal place of business in the 

State of Arizona, County of Maricopa, for purposes of jurisdiction and venue. 

6. Defendant Ryan Hibbert is a citizen of Maricopa County, Arizona. At all 

times relevant to this Complaint, Defendant, Ryan Hibbert was a principal in Riot 

Hospitality Group, LLC Defendant. Mr. Hibbert owned operated and managed El 

Hefe, and was the person in charge of all operations.

7. At all times relevant to this Complaint, Defendant, Eric Sanchez is a 

citizen in Maricopa County, Arizona and was a general manager at El Hefe, 

Scottsdale. 

8. El Hefe is owned, operated and managed by Defendants RIOT 

HOSPITALITY GROUP, LLC and RHG VENTURES, LLC.

9. Plaintiff, ALYSSA JONES, has worked as a cocktail waitress at the 

El Hefe Super Macho Taqueria, in Scottsdale, Arizona (“El Hefe”), from November 

of 2015 to the present. Plaintiff lives in Chandler, Arizona.

10. At all relevant times, RIOT HOSPITALITY GROUP, LLC has 

continuously been an employer within the meaning of Title VII of the Civil Rights 

Act of 1964.

11. At all times Plaintiff, Alyssa Jones, performed her job satisfactorily.

12. Plaintiff was hired approximately two years ago by Defendant 

HIBBERT to work at El Hefe in Scottsdale. 

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13. After Plaintiff started working at El Hefe, Defendant HIBBERT would 

deliberately come around to the area where Plaintiff was working and would 

interact with Plaintiff during her shifts at El Hefe, asking her in the course of doing 

so if she would “hang out” with him. 

14. Thereafter, at two company parties, Defendant HIBBERT insisted that 

Plaintiff drink to excess and be with him. 

15. After one of these episodes, SANCHEZ gave Plaintiff a ride home, and 

began to socialize with her. SANCHEZ ingratiated himself with Plaintiff by giving 

her better shifts at work so she would socialize with him.

16. When Plaintiff refused to continue socializing with SANCHEZ, he 

began to take away Plaintiff’s shifts at work and impose on Plaintiff other adverse 

employment actions.

17. Defendants HIBBERT and SANCHEZ sexually harassed Plaintiff by 

requesting that Plaintiff and her co-workers (other cocktail waitresses) hang out 

with potential and actual customers who spend a lot of money drinking expensive 

bottles of wine and champagne, so those customers would want to come to El Hefe 

and consume such high-priced liquor

18. Defendants HIBBERT and SANCHEZ requested Plaintiff and her coworkers, all the time, to go to dinner with regular customers and big spenders so 

that Plaintiff could get them to come back to El Hefe and book tables with her.

19. During the 2015 Christmas party a Dierks Bentley’s Whiskey Row bar 

HIBBERT forced Plaintiff into performing oral sex on him in order to keep her job.

20. Sometime around January or February of 2016, HIBBERT came to 

El Hefe and cut Plaintiff from work (took her off the working shift) and told her that 

they were going to go get massages. Plaintiff had no choice but to agree to 

HIBBERT’s instruction.

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21. HIBBERT then took Plaintiff to Omni Scottsdale Resort & Spa at 

Monteluccia. When Plaintiff entered the massage room she observed HIBBERT 

being completely naked. Plaintiff felt very uncomfortable in light of the situation 

and informed HIBBERT several times that she needed to go back to work. 

However, HIBBERT did not take Plaintiff to work upon her request. 

22. On the evening of August 4, 2017, Plaintiff was working at El Hefe.

23. On the evening of August 4, 2017, a good friend of HIBBERT, 

REZWAN MANJI, was a customer of El Hefe, consuming alcohol. 

24. Defendant HIBBERT and Defendant SANCHEZ encouraged Plaintiff to 

socialize with customers like HIBBERT’S friend, who came in and spent a lot of 

money buying and drinking alcohol. 

25. After Plaintiff had already been working the dinner shift for a couple of 

hours, HIBBERT’S friend tried to grab Plaintiff and told her that it was his friend 

Steve's birthday, and he wanted to get a table and have Plaintiff join them. Plaintiff 

was working and did not respond right away.

26. Shortly thereafter, Plaintiff received a text message from HIBBERT’S 

friend saying that she had snubbed him and failed to give him attention. ·

27. Subsequently, Plaintiff’s manager, and a couple of the other servers 

came up to her, asking her what did she do, because HIBBERT’S friend left El Hefe 

and did not spend a lot of money, as he otherwise would have, but for Plaintiff’s 

rude behavior towards him. 

28. Plaintiff’s manager then instructed Plaintiff that she needed to text 

HIBBERT’S friend and try to make things better, and try to get him to come back to 

El Hefe and spend money. 

29. Plaintiff followed her manager’s instructions; texted HIBBERT’S friend

and apologized. HIBBERT’S friend responded by asking Plaintiff to encourage 

him to come back to El Hefe, which she did, because of what her manager told her 

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to do. Then HIBBERT’S friend came back to El Hefe. They purchased a table and 

started to purchase some champagne.

30. HIBBERT’S friend then went up to one of Plaintiff’s bosses and told 

him that he wanted Plaintiff to be cut immediately, meaning that she would be taken 

off the work shift that night so she could go drink with HIBBERT’S friend and his 

friends. 

31. Plaintiff’s boss said okay because HIBBERT’S friend was HIBBERT's 

best friend, and he spent a lot of money at El Hefe.

32. Plaintiff’s boss and manager pulled her outside and told her that: “We 

are cutting you. But you can’t go home, you have to go drink with him. You’ll still 

get paid for” HIBBERT’S friend “coming in and having a table, but you need to 

stay there and drink with him and try to get him to spend more money." Plaintiff 

had no choice but to say okay.

33. Plaintiff then went to the table of HIBBERT’S friend at El Hefe and 

started drinking with him and his friends for a while, until HIBBERT’S friend and 

his friends decided that they were ready to leave El Hefe and move on to a different 

venue.

34. Plaintiff had no choice but to go with them to a different venue. At that 

point, they were all pretty drunk, including Plaintiff, who had been drinking a lot 

because they were telling her that she needed to catch up.

35. The entire group then went to Dakota bar, in Scottsdale. They all had a 

few more drinks, and Plaintiff realized that she was pretty drunk.

36. HIBBERT’S friend told her to come after-partying with them, and to 

hang out with them. 

37. Plaintiff was planning on having an Uber driver take her all the way back 

home to Chandler. However, HIBBERT’S friend, REZWAN MANJII, told 

Plaintiff that if she stayed with them and went to an after party with them, and hung 

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out with them, he would help her and get her an Uber home so that Plaintiff didn't 

have to pay for it. Plaintiff agreed to that because it made the most sense.

38. Yet, Defendant ordered an Uber driver and instructed the driver to take 

them back to Defendant’s house. 

39. After arriving at the house, HIBBERT’S friend became sexually 

aggressive with Plaintiff, who said no and refused to have sexual relations. Plaintiff 

told HIBBERT’S friend she had her monthly menstrual period and that she did not 

feel comfortable. She wanted to go to her home.

40. HIBBERT’S friend grabbed Plaintiff’s head and began smashing her 

head against the wall while holding the back of her neck. He did this at least three 

times, causing extreme pain. Plaintiff became dizzy and felt the pain. Then she 

blacked out. 

41. During that night, Plaintiff did go in and out of consciousness a few 

times, but she could not see anything. When she awoke the next day, she had no 

clothes on and had her menstrual blood all over her. She had been raped by 

Defendant. Her head hurt really bad, and she was extremely distressed about what 

had occurred.

42. She left Defendant’s home and went to Urgent Care, where she was 

diagnosed with a concussion.

43. Subsequently Plaintiff filed a complaint for battery against HIBBERT’s 

friend in the State Court. 

44. Upon learning about the case, Defendants substantially cut Plaintiff’s 

shifts and even moved Plaintiff to work at another bar location – Cake night club, 

owned by Riot Hospitality Group.

45. Thereafter Cake night club was shut down, at which time Plaintiff was 

transferred back to El Hefe, however with a substantial reduction in work hours, 

which reduction constituted an adverse job action.

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46. On August 31, 2017, Plaintiff filed a Charge of Discrimination with the 

United States Equal Employment Opportunity Commission (the EEOC).

47. Plaintiff complained to the EEOC as follows:

 “In or around November 2015, I was employed as a 

Bartender/Server by the above employer. Starting around January 1, 

2016 Owner Ryan Hibbert would require me to drink with him while 

I was working. He would touch my butt, take me to get massages 

during my shift and had sexual relations with me. The owner would 

try to get me to leave work with him. My manager would text me at 

night and ask me to come over or go somewhere with him. If I 

refused, he would cut my hours. In August 2017, the owner's wealthy 

friend requested that my manager cut me from my duties so I could 

join him and his friends to drink at their table. My manager had me 

join them. I would get paid for working if a big spender requested me 

and I spent time with him. We left and went to his house and when I 

said I didn't want to have sex, he got very aggressive and smashed my 

head in to the wall. I ended up with a concussion and was out of work 

for a few days. When I returned to work, I was still not feeling well

and my hours were cut because my manager said I didn't show enough 

energy. He warned me that I would be written up if my energy level 

didn’t change. I was put on the worse shift. I believe that he was 

afraid that I was going to go to the police about what the owner's best 

friend did to me so he was trying to get me to quit and go away. On or 

around August 25, 2017, my manager had a meeting with employees 

stating that the servers needed to continue to build outside relations 

with regular clients and "big spenders" and if it made anyone 

uncomfortable that they need to quit and find a new job. He said the 

servers should go out to dinner with them and it will start affecting 

our shift time if we don't. He said the servers were not servers they 

were sales people.”

48. On September 15, 2017, the EEOC has concluded the investigation and 

issued a notice of Right to Sue on September 15, 2017. 

49. All procedural and/or administrative prerequisites and/or conditions 

precedent to filing a legal claim against Defendants have been met.

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COUNT I – SEXUAL HARASSMENT IN VIOLATION OF TITLE VII

50. Plaintiff repeats, re-alleges and incorporates herein by this reference the 

allegations contained in paragraphs 1-50.

51. Plaintiff is a member of protected class, female.

52. RIOT HOSPITALITY GROUP, LLC had 15 or more employees in the 

current or preceding calendar year.

53. Defendants RIOT HOSPITALITY GROUP, LLC, RHG VENTURES, 

LLC, through its employee Eric Sanchez and its principal Ryan Hibbert, engaged in 

unlawful employment practices in violation of Title II, 42 U.S.C. §2000e-2 by 

sexually harassing Alyssa Jones.

54. The sexual harassment by Ryan Hibbert included:

A. Asking Plaintiff to “hang out” with him;

B. Demanding Plaintiff to drink in excess with him;

C. Requiring Plaintiff to hang out and go to dinners with potential and 

actual customers as a condition of her continued employment.

D. Insisting that she be cut from her shift so that she could participate in a 

“spa day” with him and have a couple’s massage, during which HIBBERT was 

completely naked;

E. Persistently touching her on her buttocks;

F. Forcing her to perform oral sex on him at the company’s holiday party.

55. The sexual harassment by Eric Sanchez included:

A. Requiring Plaintiff to hang out and go to dinners with potential and 

actual customers as a condition of her continued employment

B. Requiring Plaintiff to go out with him 

56. Plaintiff found these actions extremely offensive. 

57. This behavior was unwelcome and created a hostile work environment 

for Plaintiff.

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58. Defendants made the offensive acts and requests conditional on 

Plaintiff’s employment.

59. As a direct and proximate result of the sexual harassment by Defendants, 

Plaintiff suffered damages that are compensable under Title VII.

60. RIOT HOSPITALITY GROUP, LLC and RHG VENTURES, LLC are 

vicariously liable for the acts of its agents.

61. Defendants’ acts were sufficiently severe to alter the conditions of 

Plaintiff’s employment.

COUNT II – ACRA VIOLATIONS (Sexual Harassment and Retaliation)

62. Plaintiff repeats, re-alleges and incorporates herein by this reference the 

allegations contained in paragraphs 1-60.

63. RIOT HOSPITALITY GROUP, LLC is an “employee” within the 

meaning of the Arizona Civil Rights Act, A.R.S. §§41-1461 et seq. (the ACRA). 

64. During the course of her employment, Plaintiff has been subject to 

hostile and offensive work environment because of her sex, including harassment, 

humiliation, intimidation and sexual touching.

65. Acquiescence to Defendants’ conduct and requests was a condition to 

Plaintiff’s continued employment, which constitutes quid pro quo sexual 

harassment in violation of A.R.S. §41-1463.

66. RIOT HOSPITALITY GROUP, LLC and RHG VENTURES, LLC are 

vicariously liable for the acts of its agents.

67. Plaintiff suffered an adverse consequence, such as reduction in hours and 

shifts as a result of her non-following of El Hefe’s policy to hang out and go to 

dinners with El Hefe’s customers.

68. As a direct and proximate result of the conduct by Defendants in 

violation of the ACRA, Plaintiff suffered damages.

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COUNT III – RETALIATION IN VIOLATION OF TITLE VII

69. Plaintiff repeats, re-alleges and incorporates herein by this reference the 

allegations contained in paragraphs 1-68.

70. Defendants engaged in unlawful employment practices in violation of 

Title VII’s prohibitions against retaliation by taking adverse employment actions 

against Plaintiff.

71. Upon learning that Plaintiff filed a suit against HIBBERT’s friend, 

which was and is contrary to El Hefe’s policy to hang out and go to dinners with 

El Hefe’s customers, Defendants retaliated by substantially cutting Plaintiff’s hours 

and shifts.

72. Such reduction of hours and shifts occurred almost immediately after 

Plaintiff refused to obey El Hefe’s policy of fraternizing with and soliciting of the 

customers.

73. As the result of forgoing retaliation, Plaintiff suffered damages.

COUNT IV – SEXUAL BATTERY 

(Against Ryan Hibbert individually)

74. Plaintiff repeats, re-alleges and incorporates herein by this reference the 

allegations contained in paragraphs 1-74.

75. Defendant HIBBERT intentionally caused offensive bodily contact with 

Plaintiff on several occasions, which offended her reasonable sense of personal 

dignity.

76. HIBBERT acted in reckless or wanton disregard of Plaintiff’s rights, 

entitling her to an award of punitive damages.

COUNT V – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

(Against Ryan Hibbert individually)

77. Plaintiff repeats, re-alleges and incorporates herein by this reference the 

allegations contained in paragraphs 1-77.

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78. Defendant engaged in extreme and outrageous conduct

79. Defendant’s extreme and outrageous conduct intentionally or recklessly 

caused emotional distress to Plaintiff.

80. As a direct and proximate result of Defendant’s intentional infliction of 

emotional suffering, Plaintiff has suffered mental anguish and emotional distress. 

WHEREFORE, Plaintiff ALYSSA JONES, respectfully prays for judgment 

against the Defendants, as follows:

1. For Plaintiff’s compensatory damages;

2. For Plaintiff’s damages for mental anguish and emotional distress;

3. For Punitive Damages;

4. For Plaintiff’s economic damages, i.e. lost wages and other earnings (such as 

lost tips) as the result of Plaintiff reduction in hours and shifts;

5. For Plaintiff’s attorney’s fees, costs and pre- and post-judgment interest; and

6. For such other and further relief as this Court may deem just and proper.

DATED this 13

th day of December, 2017.

ALYSSA JONES

/s/Philip J. Nathanson

By: ________________________________________________

Plaintiff’s Attorney

Philip J. Nathanson (AZ Bar #013624)

THE NATHANSON LAW FIRM

8326 E. Hartford Drive, SUITE 101

SCOTTSDALE, AZ 85255

(480) 419-2578

(480) 419-4136-Fax

philipj@nathansonlawfirm.com

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