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Lindsay G. Leavitt – 029110 

Lleavitt@jsslaw.com 

JENNINGS, STROUSS & SALMON, P.L.C. 

A Professional Limited Liability Company 

One East Washington Street 

Suite 1900 

Phoenix, Arizona 85004-2554 

Telephone: (602) 262-5911 

Attorneys for Defendant 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Fernando Gastelum,

Plaintiff, 

vs. 

Kuber-Ramdas Investments, LLC, 

Defendant.

No. 2:18-cv-00470-MHB

ANSWER 

Defendant, Kuber-Ramdas Investments, LLC d/b/a Hampton Inn & Suites 

Tempe/Phoenix Airport, (“Kuber-Ramdas” or “Defendant”) admits, denies, states 

and alleges as follows: 

1. In response to Paragraph 1 of the Verified Complaint, Defendant 

asserts that the allegations contained therein are not directed towards Defendant, 

objects to the allegations and therefore denies the same. 

2. In response to Paragraph 2 of the Verified Complaint, Defendant 

admits the allegations therein. 

3. In response to Paragraph 3 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine the truth of the allegations 

therein and therefore denies the same. 

4. In response to Paragraph 4 of the Verified Complaint, Defendant 

asserts that the allegations contained therein are not directed towards Defendant, 

objects to the incomplete recitations of the law and therefore denies the same. 

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5. In response to Paragraph 5 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine the truth of those 

allegations and therefore denies the same. 

6. In response to Paragraph 6 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine what Plaintiff has actual 

notice of and therefore denies the allegations therein. 

7. In response to Paragraph 7 of the Verified Complaint, Defendant 

objects to the incomplete recitation of the law, asserts that the allegations therein are 

not directed towards the Defendant and therefore denies the same. 

8. In response to Paragraph 8—and its subparts (a), (b) and (c)—of the 

Verified Complaint, Defendant denies the allegations contained therein. 

9. In response to Paragraph 9 of the Verified Complaint, Defendant 

admits that Plaintiff resides in Casa Grande, has a disability and has filed more than 

90 ADA accessibility lawsuits since August 2017 against places of public 

accommodation. 

10. In response to Paragraph 10 of the Verified Complaint, Defendant 

admits the allegations therein. 

11. In response to Paragraph 11 of the Verified Complaint, Defendant 

admits the allegations contained therein. 

12. In response to Paragraph 12 of the Verified Complaint, Defendant 

admits the allegations therein. 

13. In response to Paragraph 13 of the Verified Complaint, Defendant 

objects to the incomplete legal recitation and conclusions and therefore denies the 

same. 

14. In response to Paragraph 14 of the Verified Complaint, Defendant 

admits that venue is proper. 

15. In response to Paragraph 15 of the Verified Complaint, Defendant is 

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without adequate knowledge or information to determine the truthfulness of whether 

Plaintiff intends to reserve a room at Defendant’s hotel and therefore denies the 

allegations therein. 

16. In response to Paragraph 16 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine the truthfulness of the 

allegations therein and denies the remaining allegations. 

17. In response to Paragraph 17 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine the truthfulness of the 

allegations therein and denies the remaining allegations. 

18. In response to Paragraph 18 of the Verified Complaint, Defendant 

denies the allegations therein. 

19. In response to Paragraph 19 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine whether Plaintiff actually 

intends to book a room at the hotel in the future and denies the remaining allegations 

therein. 

20. In response to Paragraph 20 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

21. In response to Paragraph 21 of the Verified Complaint, Defendant 

denies the allegations therein. 

22. In response to Paragraph 22 of the Verified Complaint, Defendant 

denies the allegations therein. 

23. In response to Paragraph 23 of the Verified Complaint, Defendant 

admits that first and third-party websites should be truthful and accurate, but denies 

the inference that its website was not compliant. 

24. Defendant incorporates the above Paragraphs 1-23. 

25. In response to Paragraph 25 of the Verified Complaint, Defendant is 

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without adequate knowledge or information to determine the truthfulness of the 

allegations therein and denies the same. 

26. In response to Paragraph 26 of the Verified Complaint, Defendant is 

without adequate knowledge or information to determine the truthfulness of the 

allegations therein and denies the same. 

27. In response to Paragraph 27 of the Verified Complaint, Defendant 

admits the allegations contained therein. 

28. In response to Paragraph 28 of the Verified Complaint, Defendant 

denies the allegations therein. 

29. In response to Paragraph 29 of the Verified Complaint, Defendant 

admits the allegations therein. 

30. In response to Paragraph 31—including subparts (a) – (gg) of the 

Verified Complaint, Defendant admits that www.expedia.com did not disclose the 

items listed in subparts (a) – (gg), but affirmatively states that § 36.302(e) does not 

require that all of the features listed in subparts (a) – (gg) be identified on the hotel’s 

website to be compliant with that regulation. 

31. In response to Paragraph 31 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

32. In response to Paragraph 32 of the Verified Complaint, Defendant 

admits the allegations contained therein. 

33. In response to Paragraph 33 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

34. In response to Paragraph 34 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

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35. In response to Paragraph 35 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

36. In response to Paragraph 36 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

37. In response to Paragraph 37 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

38. In response to Paragraph 38—including subparts (a) – (k)—of the 

Verified Complaint, Defendant is without sufficient knowledge or information to 

determine the truthfulness of the allegations therein and denies the same. 

39. In response to Paragraph 39 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

40. In response to Paragraph 40 of the Verified Complaint, Defendant is 

without sufficient knowledge or information to determine the truthfulness of the 

allegations therein and therefore denies the same. 

41. In response to Paragraph 41 of the Verified Complaint, Defendant 

denies the allegations contained therein. 

42. Defendant incorporates the above paragraphs 1 – 41. 

43. In response to Paragraph 43 of the Verified Complaint, Defendant 

denies the allegations therein. 

44. In response to Paragraph 44 of the Verified Complaint, Defendant 

denies the allegations therein. 

45. In response to Paragraph 45 of the Verified Complaint, Defendant 

denies the allegations contained therein. 

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46. In response to Paragraph 46 of the Verified Complaint, Defendant 

denies the allegations therein. 

47. In response to Paragraph 47 of the Verified Complaint, Defendant 

objects to the incomplete recitation of law, asserts that the allegations therein are not 

directed specifically at Defendant and therefore denies the same. 

48. In response to Paragraph 48 of the Verified Complaint, Defendant 

denies the allegations therein. 

49. In response to Paragraph 49 of the Verified Complaint, Defendant 

objects to the incomplete recitation of law, asserts that the allegations therein are not 

directed specifically at Defendant and therefore denies the same. 

50. In response to Paragraph 50 of the Verified Complaint, Defendant 

denies the allegations therein. 

51. In response to Paragraph 51 of the Verified Complaint, Defendant 

objects to the incomplete recitation of law, asserts that the allegations therein are not 

directed specifically at Defendant and therefore denies the same. 

52. In response to Paragraph 52 of the Verified Complaint, Defendant 

denies the allegations therein. 

53. In response to Paragraph 53 of the Verified Complaint, Defendant 

objects to the incomplete recitation of law, asserts that the allegations therein are not 

directed specifically at Defendant and therefore denies the same. 

54. In response to Paragraph 54 of the Verified Complaint, Defendant 

denies the allegations therein. 

55. In response to Paragraph 55 of the Verified Complaint, Defendant 

objects to the incomplete recitation of law, asserts that the allegations therein are not 

directed specifically at Defendant and therefore denies the same. 

56. In response to Paragraph 56 of the Verified Complaint, Defendant 

denies the allegations therein. 

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57. In response to Paragraph 57 of the Verified Complaint, Defendant 

denies the allegations therein. 

58. In response to Paragraph 58 of the Verified Complaint, Defendant 

denies the allegations therein. 

59. In response to Paragraph 59 of the Verified Complaint, Defendant 

denies the allegations therein. 

60. In response to Paragraph 60 of the Verified Complaint, Defendant 

denies the allegations therein. 

61. In response to Paragraph 61 of the Verified Complaint, Defendant 

denies the allegations therein. 

62. Defendant incorporates the above paragraphs 1 – 61. 

63. In response to Paragraph 63 of the Verified Complaint, Defendant 

denies the allegations therein. 

64. In response to Paragraph 64 of the Verified Complaint, Defendant 

denies the allegations therein. 

65. In response to Paragraph 65 of the Verified Complaint, Defendant 

denies the allegations therein. 

66. In response to Paragraph 66 of the Verified Complaint, Defendant 

denies the allegations therein. 

67. In response to Paragraph 67 of the Verified Complaint, Defendant is 

without sufficient information to determine the truthfulness of the allegations therein 

and therefore denies the same. 

68. In response to Paragraph 68 of the Verified Complaint, Defendant 

denies the allegations therein. 

69. In response to Paragraph 69 of the Verified Complaint, Defendant 

denies the allegations therein. 

70. Defendant incorporates the above paragraphs 1 – 69. 

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71. In response to Paragraph 71 of the Verified Complaint, Defendant 

denies the allegations therein. 

72. In response to Paragraph 72 of the Verified Complaint, Defendant 

denies the allegations therein. 

73. In response to Paragraph 73 of the Verified Complaint, Defendant is 

without sufficient information to determine the truthfulness of the allegations therein 

and therefore denies the same. 

74. In response to Paragraph 74 of the Verified Complaint, Defendant 

denies the allegations therein. 

75. In response to Paragraph 75 of the Verified Complaint, Defendant is 

without sufficient information to determine the truthfulness of the allegations therein 

and therefore denies the same. 

76. In response to Paragraph 76 of the Verified Complaint, Defendant 

denies the allegations therein. 

77. In response to Paragraph 77 of the Verified Complaint, Defendant 

denies the allegations therein. 

78. In response to Paragraph 78 of the Verified Complaint, Defendant 

denies the allegations therein. 

79. Defendant incorporates the above paragraphs 1 – 78. 

80. In response to Paragraph 80 of the Verified Complaint, Defendant 

denies the allegations therein. 

81. In response to Paragraph 81 of the Verified Complaint, Defendant 

denies the allegations therein. 

82. In response to Paragraph 82 of the Verified Complaint, Defendant 

denies the allegations therein. 

83. In response to Paragraph 83 of the Verified Complaint, Defendant 

denies the allegations therein. 

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84. In response to Paragraph 84 of the Verified Complaint, Defendant 

denies the allegations therein. 

85. In response to Paragraph 85 of the Verified Complaint, Defendant 

denies the allegations therein. 

86. In response to Paragraph 86 of the Verified Complaint, Defendant 

denies the allegations therein. 

87. In response to Paragraph 87 of the Verified Complaint, Defendant 

denies the allegations therein. 

88. In response to Paragraph 88 of the Verified Complaint, Defendant 

denies the allegations therein. 

89. In response to Paragraph 89 of the Verified Complaint, Defendant 

objects to the legal conclusions and denies the allegations therein. 

90. In response to Paragraph 90 of the Verified Complaint, Defendant 

denies the allegations therein. 

91. In response to Paragraph 91 of the Verified Complaint, Defendant 

denies the allegations therein. 

92. In response to Paragraph 92 of the Verified Complaint, Defendant 

denies the allegations therein. 

93. In response to Paragraph 93 of the Verified Complaint, Defendant 

denies the allegations therein. 

AFFIRMATIVE DEFENSES 

1. Plaintiff’s Complaint fails to state a claim upon which relief can be 

granted. 

2. Plaintiff lacks standing under Article III. 

3. Plaintiff’s claims are barred, in whole or in part, because Plaintiff has 

not suffered damages. 

4. Plaintiff’s claims are moot. 

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5. The alleged ADA violations are not readily achievable. 

6. Plaintiff is comparatively at fault. 

7. Defendant is not liable for the alleged violations because Defendant has 

no access to or control over the subject 1st or 3rd party website. 

8. Defendant reserves the right to amend this Answer after further 

discovery is completed. 

9. Defendant affirmatively alleges that it is entitled to an award of its 

reasonable attorneys’ fees and costs because this lawsuit is frivolous, unreasonable or 

without foundation. 

WHEREFORE, in connection with Plaintiff’s Complaint, Defendant requests 

a judgment against Plaintiff as follows: 

A. For a judgment dismissing with prejudice the Complaint alleged by 

Plaintiff; 

B. For a judgment that includes Defendant’s costs and reasonable 

attorneys’ fees; 

C. For a judgment that includes such other and further relief as the Court 

may deem just and proper. 

RESPECTFULLY SUBMITTED this 14th day of March, 2018. 

JENNINGS, STROUSS & SALMON, P.L.C. 

By: s/ Lindsay G. Leavitt 

Lindsay G. Leavitt 

One East Washington Street, Suite 1900 

Phoenix, AZ 85004-2554 

Defendant 

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CERTIFICATE OF SERVICE 

I hereby certify that on March 14, 2018, I electronically transmitted the 

attached document to the Clerk’s Office using the CM/ECF System for filing 

and transmittal of a Notice of Electronic Filing to the following CM/ECF 

registrants: 

Peter Strojnik 

ADA@strojnik.com

STROJNIK, P.C. 

2375 East Camelback Road, Ste. 600 

Phoenix, AZ 85016 

 I hereby certify that on March 14, 2018, I served the attached document by 

mail on the following, who are not registered participants of the CM/ECF 

System: 

s/ Tana Davis-Digeno 

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