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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Fernando Gastelum, 

Plaintiff, 

v. 

Canyon Hospitality LLC, 

Defendant. 

No. CV-17-02792-PHX-GMS

ORDER 

 The Court has pending before it a Motion to Dismiss (Doc. 12) which raises the 

question of whether the Court has standing to hear the case. It appears that the motion has 

elements of both a facial and a factual attack on standing. The Court therefore sets a 

hearing at which it requires that the Plaintiff be available to respond to any questions of 

counsel for the parties in this matter and/or the Court. 

 In its research of this motion, however, the Court is reminded that the 

constitutional aspect of standing is so fundamental that federal courts are required to 

explore these issues sua sponte. Bernhardt v. County of Los Angeles, 279 F.3d 862, 868 

(9th Cir. 2001). The Court has other cases before it involving the same Plaintiff, 

Fernando Gastelum, alleging that other hotel defendants in the Phoenix area have 

violated the Americans with Disabilities Act which may present common issues of 

whether Plaintiff has standing.1

 Further, as of the date of this Order, there have 

 

1

 These cases are Gastelum v. Brixton Metro Plaza LLC, No. 17-cv-02903-PHXGMS (D. Ariz. filed Aug. 29, 2017), Gastelum v. 11111 North 7th Street Property De 

LLC, No. 17-cv-03017-PHX-GMS (D. Ariz. filed Sept. 5, 2017), Gastelum v. Drury 

Case 2:18-cv-00470-GMS Document 17 Filed 04/24/18 Page 1 of 3
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apparently been 119 cases of a similar nature filed by Mr. Gastelum in the District of 

Arizona, many of which are still being actively litigated either on the merits or with 

regards to attorney’s fees. 

 So as to avoid the inconvenience of the Plaintiff by making him appear for 

multiple standing hearings, the Court in complying with its obligation to sua sponte

determine the Plaintiff’s standing in the other cases currently pending before it, will set a 

single standing hearing both in the Canyon Hospitality case and the other cases before it 

brought by Mr. Gastelum. Those cases are identified in footnote one. 

 Plaintiff is required to be in attendance, prepared to answer the questions of the 

parties and/or the Court in this the Canyon Hospitality case, and prepared to answer the 

possible questions of the Court in other matters that are pending before it. Should 

counsel for the parties in the other cases pending before it have no desire to attend this 

hearing the Court will allow them to waive their presence. 

IT IS THEREFORE ORDERED setting a hearing for May 4, 2018 at 10:30 a.m. 

in Courtroom 602, Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington 

St., Phoenix, Arizona 85003-2151. 

IT IS FURTHER ORDERED directing the Clerk of Court to enter this Order in 

each of the following cases: 

 (1) Gastelum v. Brixton Metro Plaza LLC, No. 17-cv-02903-PHX-GMS 

 (2) Gastelum v. 11111 North 7th Street Property De LLC, No. 17-cv-03017-PHXGMS 

 (3) Gastelum v. Drury Southwest Inc., No. 17-cv-03626-PHX-GMS 

 Southwest Inc., No. 17-cv-03626-PHX-GMS (D. Ariz. filed Oct. 10, 2017), Gastelum v. 

Marriott Int’l Inc., No. 17-cv-04667-PHX-GMS (D. Ariz. filed Dec. 17, 2017), Gastelum 

v. CPX Phoenix Airport Gateway Opag LLC, No. 18-cv-00068-PHX-GMS (D. Ariz. filed 

Jan. 8, 2018), Gastelum v. Kuber-Rambdas Investments LLC, No. 18-cv-00470-PHXGMS (D. Ariz. filed Feb. 2, 2018), Gastelum v. CGD Tempe L P, No. 18-cv-00512-PHXGMS (D. Ariz. filed Feb. 14, 2018), Gastelum v. Hilton Garden Inns Management LLC, No. 18-cv-00820-PHX-GMS (D. Ariz. filed Mar. 13, 2018), and Gastelum v. Debaca 

Land & Cattle LLC, No. 18-cv-01112-PHX-GMS (D. Ariz. filed Apr. 11, 2018). The Court also has attorney’s fees motions pending in Gastelum v. Pride Hospitality Inc., No. 

17-cv-03607-PHX-GMS (D. Ariz. filed Oct. 8, 2017) and Gastelum v. AUM Hospitality 

Ventures LLC, No. 18-cv-00104-PHX-GMS (D. Ariz. filed Jan. 11, 2018). 

Case 2:18-cv-00470-GMS Document 17 Filed 04/24/18 Page 2 of 3
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 (4) Gastelum v. Marriott Int’l Inc., No. 17-cv-04667-PHX-GMS 

 (5) Gastelum v. CPX Phoenix Airport Gateway Opag LLC, No. 18-cv-00068-

PHX-GMS 

 (6) Gastelum v. Kuber-Rambdas Investments LLC, No. 18-cv-00470-PHX-GMS 

 (7) Gastelum v. CGD Tempe L P, No. 18-cv-00512-PHX-GMS 

 (8) Gastelum v. Hilton Garden Inns Management LLC, No. 18-cv-00820-PHXGMS 

 (9) Gastelum v. Debaca Land & Cattle LLC, No. 18-cv-01112-PHX-GMS 

 (10) Gastelum v. Pride Hospitality Inc., No. 17-cv-03607-PHX-GMS 

 (11) Gastelum v. AUM Hospitality Ventures LLC, No. 18-cv-00104-PHX-GMS 

 Dated this 24th day of April, 2018. 

Honorable G. Murray Snow

United States District Judge

Case 2:18-cv-00470-GMS Document 17 Filed 04/24/18 Page 3 of 3