1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-1- 

Kami M. Hoskins (SBN: 026271)

GORDON REES SCULLY MANSUKHANI, LLP 

111 W. Monroe Street, Suite 1600 

Phoenix, AZ 85003 

Telephone: (602) 794-2468 

Facsimile: (602) 265-4716 

khoskins@grsm.com 

Attorneys for Defendant Mesa Hospitality, LLC 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Fernando Gastelum, 

Plaintiff, 

vs. 

Mesa Hospitality, LLC, 

Defendant.

Case No. 2:18-cv-00559-JZB

ANSWER TO VERIFIED COMPLAINT

Defendant Mesa Hospitality, LLC (“Defendant”), by and through its undersigned 

counsel, hereby answers Plaintiff Fernando Gastelum (“Plaintiff”) Verified Complaint

[Doc. No. 1] (the “Complaint”) as follows: 

INTRODUCTION 

1. Defendant denies each and every allegation contained in the Complaint and 

each and every claim for relief thereof, which Defendant does not expressly admit or 

otherwise plead. 

2. Responding to paragraph 1, Defendant affirmatively alleges such paragraph 

contains legal conclusions and analysis to which no response is required. Further 

responding to paragraph 1, Defendant admits Plaintiff has brought this action pursuant to 

the Complaint. Defendant denies the remaining allegations in paragraph 1. 

3. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 2, and therefore denies them. 

Defendant further denies the remaining allegations in paragraph 2, which contain legal 

conclusions and analysis to which no response is required. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 1 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-2- 

4. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 3, and therefore denies them. 

Defendant denies any and all factual allegations in paragraph 3 related to its alleged 

actions and/or omissions. 

5. The allegations in paragraph 4 are not susceptible to an admission or denial 

inasmuch as Plaintiff asserts legal conclusions and analysis under 42 U.S.C. § 12101 and 

28 C.F.R. § 36.101. Defendant further affirmatively alleges paragraph 4 contains legal 

conclusions and analysis to which no response is required. Defendant denies paragraph 4 

to the extent it includes factual allegations against Defendant. 

6. Defendant affirmatively alleges paragraph 5 contains legal conclusions and 

analysis to which no response is required. Defendant denies the allegations in paragraph 

5 to the extent such allegations relate to Defendant’s alleged actions and/or omissions. 

7. Defendant denies the allegations in paragraph 6. 

PARTIES 

8. The allegations in paragraph 7 are not susceptible to an admission or denial 

inasmuch as Plaintiff asserts legal conclusions and analysis under 42 U.S.C. § 

12188(A)(1) and 28 C.F.R. Subpart E. Defendant further affirmatively alleges paragraph 

7 contains legal conclusions and analysis to which no response is required. Defendant 

denies paragraph 7 to the extent it includes factual allegations against Defendant. 

9. Defendant denies the allegations in paragraph 8, including subparts (a) 

through (c). 

10. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 9, and therefore denies them. 

11. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 10, and therefore denies them. 

12. In response to paragraph 11, Defendant admits it owns and operates the 

Days Inn Hotel located at 333 W. Juanita Avenue, Mesa, AZ 85210 (the “Hotel”). In 

further response to paragraph 11, Defendant affirmatively alleges such paragraph 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 2 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-3- 

contains legal conclusions and analysis to which no response is required. Defendant 

denies the remaining allegations in paragraph 11. 

JURISDICTION 

13. In response to paragraph 12, Defendant admits that the Court has original 

jurisdiction over Plaintiff’s claim under the Americans with Disabilities Act, 42 U.S.C. § 

12101 et seq. (the “ADA”) (Count One), and may exercise supplemental jurisdiction over 

Plaintiff’s alleged claims for Negligence (Count Two), Negligent Misrepresentation 

(Count Three), Failure to Disclose (Court Four), or Common Law Fraud and Consumer 

Fraud (Count Five). Defendant affirmatively states that the Court may decline to exercise 

supplemental jurisdiction over Plaintiff’s claims for Negligence (Count Two), Negligent 

Misrepresentation (Count Three), Failure to Disclose (Court Four), or Common Law 

Fraud and Consumer Fraud (Count Five), to the extent such claims raise a novel or 

complex issue of Arizona law, 28 U.S.C. § 1367(c)(1). 

14. In response to paragraph 13, Defendant affirmatively alleges such 

paragraph contains legal conclusions and analysis to which no response is required. 

Defendant lacks knowledge or information sufficient to form a belief about the truth or 

falsity of the remaining allegations in paragraph 13, and therefore denies them. 

15. In response to paragraph 14, Defendant admits that venue is proper in this 

Court. 

STANDING TO SUE JURISDICTION 

16. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in the first sentence of paragraph 15, and therefore 

denies them. In further response to paragraph 15, Defendant affirmatively alleges the 

second sentence of paragraph 15 contains legal conclusions and analysis to which no 

response is required. Defendant denies the remaining allegations in paragraph 15. 

17. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations paragraph 16, and therefore denies them. Defendant 

denies the remaining allegations in paragraph 16. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 3 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-4- 

18. Defendant denies the allegations in paragraph 17. 

19. Defendant denies the allegations in paragraph 18, including subparagraphs 

(a) through (b). 

20. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations paragraph 19, and therefore denies them. Defendant 

denies the remaining allegations in paragraph 19. 

CONTINUING JURISDICTION 

21. The allegations in paragraph 20 contain Plaintiff’s legal argument for the 

Court to exercise continuing jurisdiction after entry of judgment, and are therefore 

premature. Defendant affirmatively alleges paragraph 20 contains legal conclusions and 

analysis to which no response is required. Defendant denies any remaining allegations in 

paragraph 20. 

22. The allegations in paragraph 21 contain Plaintiff’s legal argument for the 

Court to exercise continuing jurisdiction after entry of judgment, and are therefore 

premature. Defendant affirmatively alleges paragraph 21 contains legal conclusions and 

analysis to which no response is required. Defendant denies any remaining allegations in 

paragraph 21. 

23. The allegations in paragraph 22 contain Plaintiff’s legal argument for the 

Court to exercise continuing jurisdiction after entry of judgment, and are therefore 

premature. Defendant affirmatively alleges paragraph 22 contains legal conclusions and 

analysis to which no response is required. Defendant denies any remaining allegations in 

paragraph 22. 

24. The allegations in paragraph 23 contain Plaintiff’s legal argument for the 

Court to exercise continuing jurisdiction after entry of judgment, and are therefore 

premature. Defendant affirmatively alleges paragraph 23 contains legal conclusions and 

analysis to which no response is required. Defendant denies any remaining allegations in 

paragraph 23. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 4 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-5- 

COUNT ONE 

(Violation of Plaintiff’s Civil Rights under the ADA) 

25. Defendant incorporates its responses to paragraphs 1 through 23 of the 

Complaint. Defendant denies the remaining allegations in paragraph 24. 

26. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 25, and therefore denies them. 

27. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 26, and therefore denies them. 

28. In response to paragraph 27, Defendant affirmatively alleges it does not 

control the information that may or may not be disclosed on the third-party website 

“www.expedia.com” regarding the Hotel. Defendant lacks knowledge or information 

sufficient to form a belief about the truth or falsity of the allegations in paragraph 27, and 

therefore denies them. 

29. In response to paragraph 28, Defendant affirmatively alleges it does not 

control the information that may or may not be disclosed on the third-party website 

“www.expedia.com” regarding the Hotel. Defendant lacks knowledge or information 

sufficient to form a belief about the truth or falsity of the allegations in paragraph 28, and 

therefore denies them. 

30. In response to paragraph 29, Defendant affirmatively alleges it does not 

control the information that may or may not be disclosed on the third-party website 

“www.expedia.com” regarding the Hotel. Defendant lacks knowledge or information 

sufficient to form a belief about the truth or falsity of the allegations in paragraph 29, and 

therefore denies them. 

31. In response to paragraph 30, Defendant affirmatively alleges it does not 

control the information that may or may not be disclosed on the third-party website 

“www.expedia.com” regarding the Hotel. Defendant lacks knowledge or information 

sufficient to form a belief about the truth or falsity of the allegations in paragraph 30, and 

therefore denies them. Defendant further affirmatively alleges paragraph 30 contains 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 5 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-6- 

legal conclusions and analysis to which no response is required. Further answering 

paragraph 30, Defendant denies the allegations in subparagraphs (a) through (gg), 

including the inference that 28 C.F.R. § 36.302(e)(1)(ii) requires Defendant to ensure any 

third-party website identify all accessible features in the Hotel and its guest rooms, 

identify accessible features not offered through the Hotel’s reservation system, or 

describe the accessible features by reference to the 2010 ADA Standards for Accessible 

Design. Defendant denies any remaining allegations in paragraph 30. 

32. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 31, and therefore denies them. 

33. In response to paragraph 32, Defendant affirmatively alleges it does not 

control the information that may or may not be disclosed on the third-party website 

“www.wyndhamhotels.com” regarding the Hotel. Defendant lacks knowledge or 

information sufficient to form a belief about the truth or falsity of the allegations in 

paragraph 32, and therefore denies them. 

34. In response to paragraph 33, Defendant affirmatively alleges it does not 

control the information that may or may not be disclosed on the third-party website 

“www.wyndhamhotels.com” regarding the Hotel. Defendant lacks knowledge or 

information sufficient to form a belief about the truth or falsity of the allegations in 

paragraph 33, and therefore denies them. Defendant further affirmatively alleges 

paragraph 33 contains legal conclusions and analysis to which no response is required. 

Further answering paragraph 33, Defendant denies the allegations in subparagraphs (a) 

through (gg), including the inference that 28 C.F.R. § 36.302(e)(1)(ii) requires Defendant 

to ensure any third-party website identify all accessible features in the Hotel and its guest 

rooms, identify accessible features not offered through the Hotel’s reservation system, or 

describe the accessible features by reference to the 2010 ADA Standards for Accessible 

Design. Defendant denies any remaining allegations in paragraph 33. 

35. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity the allegations in paragraph 34, and therefore denies them. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 6 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-7- 

36. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 35, and therefore denies them. In 

further response to paragraph 35, Defendant affirmatively alleges it does not directly 

employ a hotel reservations clerk named “Gloria.” Defendant denies the remaining 

allegations in paragraph 35. 

37. Responding to paragraph 36, Defendant denies Plaintiff called the Hotel or 

that he spoke with a reservations clerk for the Hotel. Defendant lacks knowledge or 

information sufficient to form a belief about the truth or falsity the remaining allegations 

in paragraph 36, and therefore denies them. 

38. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the remaining allegations in paragraph 37, and therefore denies 

them. 

39. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 38, including Plaintiff’s alleged 

findings as listed in subparagraphs (a) through (r), and therefore denies them. Defendant 

denies the Hotel is not in compliance with the Americans with Disabilities Act. 

Defendant denies any remaining allegations in paragraph 38. 

40. Defendant lacks knowledge or information sufficient to form a belief about 

the truth or falsity of the allegations in paragraph 39, and therefore denies them. 

41. Defendant denies the allegations in paragraph 40. 

42. Defendant denies the allegations in paragraph 41. 

43. Defendant affirmatively alleges Plaintiff has not stated a claim under Count 

One and is not entitled to the relief he seeks. 

COUNT TWO 

(Negligence) 

44. Defendant incorporates its responses to paragraphs 1 through 41 of the 

Complaint. Defendant denies the remaining allegations in paragraph 42. 

45. Defendant denies the allegations in paragraph 43. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 7 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-8- 

46. Defendant denies the allegations in paragraph 44. 

47. The allegations in paragraph 45 and the footnote thereto are not susceptible 

to an admission or denial inasmuch as Plaintiff asserts legal conclusions and analysis 

under 42 U.S.C. § 12101(a)(2). Defendant denies the remaining allegations in paragraph 

45. 

48. Defendant denies the allegations in paragraph 46. 

49. The allegations in paragraph 47 and the footnote thereto are not susceptible 

to an admission or denial inasmuch as Plaintiff asserts legal conclusions and analysis 

under 42 U.S.C. § 12101(a)(3). Defendant denies the remaining allegations in paragraph 

47. 

50. Defendant denies the allegations in paragraph 48. 

51. The allegations in paragraph 49 and the footnote thereto are not susceptible 

to an admission or denial inasmuch as Plaintiff asserts legal conclusions and analysis 

under 42 U.S.C. § 12101(a)(5). Defendant denies the remaining allegations in paragraph 

49. 

52. Defendant denies the allegations in paragraph 50. 

53. The allegations in paragraph 51 and the footnote thereto are not susceptible 

to an admission or denial inasmuch as Plaintiff asserts legal conclusions and analysis 

under 42 U.S.C. § 12101(a)(6). Defendant denies the remaining allegations in paragraph 

51. 

54. Defendant denies the allegations in paragraph 52. 

55. The allegations in paragraph 53 and the footnote thereto are not susceptible 

to an admission or denial inasmuch as Plaintiff asserts legal conclusions and analysis 

under 42 U.S.C. § 12101(a)(7). Defendant denies the remaining allegations in paragraph 

53. 

56. Defendant denies the allegations in paragraph 54. 

57. The allegations in paragraph 55 and the footnote thereto are not susceptible 

to an admission or denial inasmuch as Plaintiff asserts legal conclusions and analysis 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 8 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-9- 

under 42 U.S.C. § 12101(a)(8). Defendant denies the remaining allegations in paragraph 

55. 

58. Defendant denies the allegations in paragraph 56. 

59. Defendant denies the allegations in paragraph 57. 

60. Defendant denies the allegations in paragraph 58. 

61. Defendant denies the allegations in paragraph 59. 

62. Defendant denies the allegations in paragraph 60. 

63. Defendant denies the allegations in paragraph 61. 

64. Defendant affirmatively alleges Plaintiff has not stated a claim under Count 

Two and is not entitled to the relief he seeks. 

COUNT THREE 

(Negligent Misrepresentation) 

65. Defendant incorporates its responses to paragraphs 1 through 61 of the 

Complaint. Defendant denies the remaining allegations in paragraph 62. 

66. Defendant denies the allegations in paragraph 63. 

67. Defendant denies the allegations in paragraph 64. 

68. Defendant denies the allegations in paragraph 65. 

69. Defendant denies the allegations in paragraph 66. 

70. Defendant denies the allegations in paragraph 67. 

71. Defendant denies the allegations in paragraph 68. 

72. Defendant denies the allegations in paragraph 69. 

73. Defendant affirmatively alleges Plaintiff has not stated a claim under Count 

Three and is not entitled to the relief he seeks. 

COUNT FOUR 

(Failure to Disclose) 

74. Defendant incorporates its responses to paragraphs 1 through 69 of the 

Complaint. Defendant denies the remaining allegations in paragraph 70. 

75. Defendant denies the allegations in paragraph 71. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 9 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-10- 

76. Defendant denies the allegations in paragraph 72. 

77. Defendant denies the allegations in paragraph 73. 

78. Defendant denies the allegations in paragraph 74. 

79. Defendant denies the allegations in paragraph 75. 

80. Defendant denies the allegations in paragraph 76. 

81. Defendant denies the allegations in paragraph 77. 

82. Defendant denies the allegations in paragraph 78. 

83. Defendant affirmatively alleged Plaintiff has not stated a claim under Count 

Four and is not entitled to the relief he seeks. 

COUNT FIVE 

(Fraud – Common Law and Consumer) 

84. Defendant incorporates its responses to paragraphs 1 through 78 of the 

Complaint. Defendant denies the remaining allegations in paragraph 79. 

85. Defendant denies the allegations in paragraph 80. 

86. Defendant denies the allegations in paragraph 81. 

87. Defendant denies the allegations in paragraph 82. 

88. Defendant denies the allegations in paragraph 83. 

89. Defendant denies the allegations in paragraph 84. 

90. Defendant denies the allegations in paragraph 85. 

91. Defendant denies the allegations in paragraph 86. 

92. Defendant denies the allegations in paragraph 87. 

93. Defendant denies the allegations in paragraph 88. 

94. Defendant affirmatively alleges paragraph 89 contains legal conclusions 

and analysis to which no response is required. Defendant denies the remaining 

allegations in paragraph 89. 

95. Defendant denies the allegations in paragraph 90. 

96. Defendant denies the allegations in paragraph 91. 

97. Defendant denies the allegations in paragraph 92. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 10 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-11- 

98. Defendant denies the allegations in paragraph 93. 

99. Defendant affirmatively alleges Plaintiff has not stated a claim under Count 

Five and is not entitled to the relief he seeks. 

100. Defendant further denies Plaintiff is entitled to any of the relief he seeks. 

101. To the extent not specifically admitted above, Defendant denies each and 

every allegation in the Complaint, including, without limitation, the allegations in the 

headings, subheadings, and “Prayer for Relief.” Defendant expressly reserves the right to 

amend and/or supplement its Answer. 

AFFIRMATIVE AND OTHER DEFENSES 

1. The Complaint and/or each cause of action fail to state a claim upon which 

relief may be granted. 

2. Plaintiff is not entitled to injunctive relief against Defendant because 

Defendant does not control the third-party websites “www.expedia.com” or 

“www.wyndhamhotels.com”. 

3. Plaintiff’s claims may be barred for lack of standing because he did not and 

does not intend to stay at the Hotel. 

4. Plaintiff’s claims may be barred for mootness because an ADA accessible 

room can be reserved online. 

5. Plaintiff’s claims may be barred by the doctrines of waiver, estoppel, and/or 

unclean hands. Plaintiff has filed dozens of ADA lawsuits since July 29, 2017. Upon 

information and belief, these lawsuits are aimed at coercing a quick settlement. Upon 

information and belief, Plaintiff is attempting to transform the ADA into a moneymaking scheme, which is not a remedy Congress intended when it enacted the ADA and 

its regulations. 

6. Plaintiff’s claims for monetary relief and/or compensatory damages are 

barred because the Title III of the ADA does not provide for compensatory damages. 

7. Plaintiff cannot state a claim for negligence, negligent misrepresentation, 

failure to disclosure, and/or fraud using the ADA as the relevant standard of care. 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 11 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-12- 

8. Attorneys’ fees should not be awarded because Plaintiff did not provide 

Defendant with pre-suit notice. 

9. Defendant is entitled to attorneys’ fees as the prevailing party under the 

ADA. 

10. The injuries allegedly sustained by Plaintiff, if any, were caused by the 

sole, concurring, and/or contributory negligence of Plaintiff. 

11. Plaintiff assumed the risk of his alleged injuries, if any. 

12. Defendant’s alleged actions and/or omissions were not the proximate cause 

of Plaintiff’s alleged injuries, and Plaintiff’s alleged injuries, if any, were a result of 

superseding and/or intervening causes. 

13. Defendant’s alleged actions and/or omissions were not the proximate cause 

of Plaintiff’s alleged injuries, and Plaintiff’s alleged injuries, if any, were a result of prior 

and/or subsequent conditions or occurrences for which Defendant was not and is not 

responsible. 

14. Plaintiff’s claims are barred by the doctrines of accord and satisfaction, 

estoppel, release, and/or res judicata. 

15. Defendant denies any and all allegations of negligence or other wrong 

doing as stated in the Complaint and demands strict proof of all allegations in that regard. 

16. Plaintiff has failed to state a claim for fraud with the requisite specificity. 

17. Plaintiff’s state law claims do not arise under federal law, even though they 

are premised on alleged violations of the ADA, and they cannot form the basis for federal 

question jurisdiction. 

18. The District Court may decline to exercise supplemental jurisdiction over 

Plaintiff’s claims for Negligence (Count Two), Negligent Misrepresentation (Count 

Three), Failure to Disclose (Court Four), or Common Law Fraud and Consumer Fraud 

(Count Five), to the extent such claims raise a novel or complex issue of Arizona law. 

See 28 U.S.C. § 1367(c)(1). 

19. To the extent Plaintiff has pled common law claims in an attempt to 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 12 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-13- 

circumvent his obligations under Arizona law, including A.R.S. § 41-1492 et seq. (the 

“Arizona ADA”), such claims are barred by A.R.S. § 41-1492.07(2), which expressly 

provides that the Arizona ADA does not apply to websites. 

20. To the extent Plaintiff has pled common law claims in an attempt to 

circumvent his obligations under Arizona law, including the Arizona ADA, such claims 

are barred by A.R.S. § 41-1492.08(E) for Plaintiff’s failure to provide written notice with 

sufficient detail to allow Defendant to identify and cure any violation or comply with the 

law. See A.R.S. § 41-1492.08(J) (defining “sufficient detail”). 

21. To the extent Plaintiff has pled common law claims in an attempt to 

circumvent his obligations under Arizona law, including the Arizona ADA, Plaintiff’s 

claims are barred by A.R.S. § 41-1492.08(G) for Plaintiff’s failure to file an affidavit, 

under penalty of perjury, that Plaintiff has read the entire complaint, agrees with all of the 

allegations and facts contained in the complaint, and unless authorized by statute or rule, 

is not receiving and has not been promised anything of value in exchange for filing the 

civil action. 

22. Defendant asserts all other affirmative defenses, which may become 

applicable after discovery and disclosure in this matter, including without limitation, 

those set forth under FED. R. CIV. P. 8(c). 

WHEREFORE, having fully answered Plaintiff’s Complaint, Defendant 

respectfully requests that the Court: 

A. Dismiss Plaintiff’s Complaint in its entirety with prejudice; 

B. Deny each and every demand, claim and prayer for relief contained in the 

Complaint; 

C. Award Defendant its reasonable attorneys’ fees and costs incurred in 

connection with this matter; and 

D. Award Defendant such other relief as the Court deems just and appropriate 

under the circumstances. 

/ / / 

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 13 of 14
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

-14- 

DATED this 26th day of March, 2018. 

GORDON REES SCULLY 

MANSUKHANI, LLP 

/s/ Kami M. Hoskins 

Kami M. Hoskins 

Attorneys for Defendant Mesa 

Hospitality, LLC 

CERTIFICATE OF SERVICE 

I hereby certify that on this 26th day of March, 2018, I electronically transmitted 

the foregoing 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, Esq. 

STROJNIK P.C. 

2375 East Camelback Road Suite 600 

Phoenix, Arizona 85016 

ADA@strojnik.corn 

Attorneys for Plaintiff 

/s/ Kimberley Davison 

/37264579v.1

Case 2:18-cv-00559-JZB Document 13 Filed 03/26/18 Page 14 of 14