Nevada ADA Lawsuit

Case 2:17-cv-00304 Document 1 Filed 02/01/17 Page 1 of 5
Page 1 of 5
AO 239 (Rev. ) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)
UNITED STATES DISTRICT COURT

for the
District
__________ of Nevada
District of __________
Kevin L. Zimmerman )
Plaintiff/Petitioner )
v. ) Civil Action No. 17-cv-00304
GJS Group, Inc. )
Defendant/Respondent )
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS

(Long Form)
Affidavit in Support of the Application Instructions
I am a plaintiff or petitioner in this case and declare Complete all questions in this application and then sign it.
that I am unable to pay the costs of these proceedings Do not leave any blanks: if the answer to a question is 0,
and that I am entitled to the relief requested. I declare none, or not applicable (N/A), write that response. If
under penalty of perjury that the information below is you need more space to answer a question or to explain your
true and understand that a false statement may result in answer, attach a separate sheet of paper identified with your
a dismissal of my claims. name, your case's docket number, and the question number.
Signed: Kevin L. Zimmerman Date: 02/01/2017
1. For both you and your spouse estimate the average amount of money received from each of the following
sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly,
semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions
for taxes or otherwise.
Income source Average monthly income Income amount expected
amount during the past 12 next month
months
You Spouse You Spouse
Employment
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Self-employment
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Income from real property (such as rental income)
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Interest and dividends
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Gifts
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Alimony
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Child support
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Page 2 of 5
Retirement (such as social security, pensions, annuities,

$ 0.00 $ 0.00 $ 0.00 $ 0.00
insurance)
Disability (such as social security, insurance payments)
$ 1,070.00 $ 0.00 $ 1,070.00 $ 0.00
Unemployment payments
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Public-assistance (such as welfare)
$ 0.00 $ 0.00 $ 0.00 $ 0.00
Other (specify):
$ 0.00 $ 0.00 $ 0.00 $ 0.00
$ 1,070.00 $ 0.00 $ 1,070.00 $ 0.00

Total monthly income:
2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or
other deductions.)
Employer Address Dates of employment Gross

monthly pay
NA NA NA $ 0.00
3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before
taxes or other deductions.)
Employer Address Dates of employment Gross

monthly pay
NA NA NA $ 0.00
4. How much cash do you and your spouse have? $ 0.00
Below, state any money you or your spouse have in bank accounts or in any other financial institution.
Financial institution Type of account Amount you have Amount your
spouse has
NA NA $ 0.00 $ 0.00
$ $
$ $
If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts,
expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts,
perhaps because you have been in multiple institutions, attach one certified statement of each account.
Page 3 of 5
5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary
household furnishings.
Assets owned by you or your spouse
Home (Value) $ 0.00

Other real estate (Value)
$ 0.00
Motor vehicle #1 (Value) $ 0.00
Make and year:
Model:
Registration #:
Motor vehicle #2 (Value) $ 0.00
Make and year:
Model:
Registration #:
Other assets (Value) $ 0.00
Other assets (Value) $ 0.00
6. State every person, business, or organization owing you or your spouse money, and the amount owed.
Person owing you or your spouse Amount owed to you Amount owed to your spouse
money
NA $ 0.00 $ 0.00
$ $
$ $
7. State the persons who rely on you or your spouse for support.
Name (or, if under 18, initials only) Relationship Age
NA NA
Page 4 of 5
8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your
spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the
monthly rate.
You Your spouse
Rent or home-mortgage payment (including lot rented for mobile home)

Are real estate taxes included? u Yes u No $ 836.00 $ 0.00
Is property insurance included? u Yes u No
Utilities (electricity, heating fuel, water, sewer, and telephone) $ 30.00 $ 0.00
Home maintenance (repairs and upkeep) $ 0.00 $ 0.00
Food $ 250.00 $ 0.00
Clothing $ 83.00 $ 0.00
Laundry and dry-cleaning $ 12.00 $ 0.00
Medical and dental expenses $ 300.00 $ 0.00
Transportation (not including motor vehicle payments) $ 100.00 $ 0.00
Recreation, entertainment, newspapers, magazines, etc. $ 50.00 $ 0.00
Insurance (not deducted from wages or included in mortgage payments)
Homeowner's or renter's: $ 15.00 $ 0.00
Life: $ 0.00 $ 0.00
Health: $ 0.00 $ 0.00
Motor vehicle: $ 0.00 $ 0.00
Other: $ 0.00 $ 0.00

Taxes (not deducted from wages or included in mortgage payments) (specify):
$ 0.00 $ 0.00
Installment payments
Motor vehicle: $ 0.00 $ 0.00
Credit card (name): $ 0.00 $ 0.00
Department store (name): $ 0.00 $ 0.00
Other: Internet $ 50.00 $ 0.00
Alimony, maintenance, and support paid to others $ 0.00 $ 0.00

Page 5 of 5
Regular expenses for operation of business, profession, or farm (attach detailed $

statement) 0.00 $ 0.00
Other (specify): $ 0.00 $ 0.00
$ 1,726.00 $ 0.00
Total monthly expenses:
9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the
next 12 months?
u Yes No
u If yes, describe on an attached sheet.
10. Have you spent or will you be spending any money for expenses or attorney fees in conjunction with this
lawsuit? u Yes u No
If yes, how much? $ 7%'
11. Provide any other information that will help explain why you cannot pay the costs of these proceedings.
12. Identify the city and state of your legal residence.

Las Vegas, Nevada
Your daytime phone number:

Your age: 39 Your years of schooling: 13
Case 2:17-cv-00304 Document 1-1 Filed 02/01/17 Page 1 of 12
1 Whitney C. Wilcher, Esq.

THE WILCHER FIRM
2
Nevada State Bar No. 7212
3 8465 West Sahara Avenue Suite 111-236
Las Vegas, NV 89117
4 702-466-1959
Email: wcw@nevadaada.com
5 Attorney for Plaintiff
6
7
DISTRICT OF NEVADA
8
9 Kevin Zimmerman, an individual, Civil Action No:

10
11 Plaintiff,
COMPLAINT
12 vs.
13
GJS Group, Inc.,
14
15 Defendant.
16
17 Plaintiff, Kevin Zimmerman, hereby brings an action for declaratory judgment,
18 injunctive relief, attorneys fees and costs pursuant to the Americans with Disabilities
19 Act, 42 U.S.C. 12101 et. seq., and its implementing regulations (the, ADA).
20
JURISDICTION AND VENUE
21
1. Defendant, owns and/or operates a place of Public Accommodation (PPA) as
22
that term is defined in 42 U.S.C. 12181(7) located at 8080 S LAS VEGAS
23
24 BLVD , LAS VEGAS, NV 89123 .
25
26
27
1
28
1 2. On the date of the visit to Defendants PPA, Plaintiff was, and is currently, a
2
resident of the State of Nevada.
3
3. Plaintiff travels throughout Nevada including, in particular, the communities in
4
and surrounding Las Vegas, Nevada.
5
4. This action arises from a violation ADA Title III regulations. This Court has
6
7 original jurisdiction pursuant to 28 U.S.C. 1331, 28 U.S.C. 1343, and 42
8 U.S.C. 12188.
9 5. Venue in this judicial district is proper under 28 U.S.C. 1391(b) and (c) in that
10
this is the judicial district in which a substantial part of the acts and omissions
11
giving rise to the claims occurred.
12
STANDING
13
14 6. Plaintiff seeks both retrospective declaratory relief (that Defendant has violated
15 and continues to violate Title III of the ADA) and prospective injunctive relief all
16 as more fully stated below.

17 7. Plaintiff is an individual with disabilities which substantially limits major life
18
activities. Plaintiffs health and mobility is dependent on the use of a wheelchair.
19
At the time of Plaintiffs visit to Defendants PPA, Plaintiff qualified for and
20
required reasonable accommodations to access and use the PPA.
21
22 8. Plaintiff personally visited Defendants PPA, but was denied full and equal
23 access and full and equal enjoyment of the facilities, services, goods and
24 amenities.
25
26
27
2
28
1 9. Plaintiff is a customer of Defendant and visited Defendants PPA on or about

2
December 30, 2016, to enjoy the goods and services offered at the PPA.
3
Defendant offers goods and services at its PPA without restriction to members of
4
the public who do not suffer from a physical disability.
5
10. Plaintiff will avail himself of the goods and services offered at the PPA in the
6
7 future provided that Defendant modify the PPA to accommodate individuals with
8 disabilities.
9 11. Completely independent of Plaintiffs personal desire to access the PPA, Plaintiff
10
also acted as a tester for purposes of discovering, encountering, and engaging
11
discrimination against persons with disabilities at Defendants PPA. 1 Plaintiff
12
intends to visit the PPA regularly to verify compliance or non-compliance with
13
14 the ADA. In the instances referenced herein, Plaintiff, in his individual capacity
15 and as a tester, visited the PPA, encountered barriers to access at the PPA,
16 engaged and tested those barriers, suffered legal harm and legal injury and will
17 continue to suffer harm and injury as a result of the illegal barriers to access and
18
the violations of Defendant set forth herein. Without judicial intervention,
19
Plaintiff will suffer a real and imminent threat of encountering Defendants
20
accessibility barriers in the near future.
21
22
23
24
25
1
Tandy v. City of Wichita, 380 F.3d 1277, 1285-86 (10th Cir. 2004)
26
27
3
28
1 12. With respect to prospective relief, Plaintiff alleges that Plaintiff is suffering a
2
continuing injury or is under a real and immediate threat of being injured in the
3
future all as more fully developed below.
4
13. Plaintiff avers that Plaintiff intends to visit Defendants PPA several times per
5
year in the near future, but is deterred from doing so while Defendants PPA
6
7 violates the ADA as detailed below. 2
8 14. Plaintiff further avers that Plaintiff is deterred from visiting the Defendants
9 PPA. 3
10
15. Plaintiff further avers that any voluntary cessation of Defendants noncompliance
11
with the ADA may be readily reversed by the reinstatement of the barriers to
12
individuals with disabilities. Therefore, injunctive relief should be issued
13
14 irrespective of Defendants potential voluntary cessation. 4
15
16
17
18
19
20
21
22
2
23 Colo. Cross-Disability Coal. v. Abercrombie & Fitch Co., 765 F.3d 1205 (10th Cir. 2014)
3
Chapman v. Pier 1 Imports (U.S.) Inc., 631 F. 3d 939, 946 (9th Cir. 2011).
4
24 Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., Inc., 528 U.S. 167, 189, 120 S.Ct. 693, 145
L.Ed.2d 610 (2000): It is well settled that a defendant's voluntary cessation of a challenged
25 practice does not deprive a federal court of its power to determine the legality of the practice. If
it did, the courts would be compelled to leave the defendant free to return to his old ways.
26
27
4
28
1 THE ADA AND ITS IMPLEMENTING REGULATIONS

2
16. On July 26, 1990, President George H.W. Bush signed into law the ADA, a
3
comprehensive civil rights law prohibiting discrimination on the basis of
4
disability.
5
17. The ADA broadly protects the rights of individuals with disabilities in
6
7 employment, access to State and local government services, places of public
8 accommodation, transportation, and other important areas of American life.

9 18. Title III regulations prohibit discrimination in the activities of places of public
10
accommodation and requires places of public accommodation to be readily
11
accessible to, and independently usable by, individuals with disabilities. 42
12
U.S.C. 12181-89, 36 C.F.R. part 1191.
13
14 19. On July 26, 1991, the Department of Justice (DOJ) issued rules implementing
15 Title III of the ADA, which are codified at 28 CFR Part 36.
16 20. Appendix A of the 1991 Title III regulations (republished as appendices B and D
17 to 36 C.F.R. part 1191, and 28 C.F.R. part 36) contains the ADA standards for
18
Accessible Design (1991 Standards), which were based upon the Americans with
19
Disabilities Act Accessibility Guidelines (1991 ADAAG) published by the
20
Access Board on the same date.
21
22 21. In 1994, the Access Board began the process of updating the 1991 ADAAG by
23 establishing a committee composed of members of the design and construction
24 industries, the building code community, and State and local governmental
25
entities, as well as individuals with disabilities.
26
27
5
28
1 22. In 1999, based largely on the report and recommendations of the advisory
2
committee, the Access Board issued a notice of proposed rulemaking to update
3
and revise its ADA and ABA Accessibility Guidelines.
4
23. The Access Board issued final publication of revisions to the 1991 ADAAG on
5
July 23, 2004 (2004 ADAAG).
6
7 24. On September 30, 2004, the DOJ issued an advanced notice of proposed
8 rulemaking to begin the process of adopting the 2004 ADAAG.

9 25. On June 17, 2008, the DOJ published a notice of proposed rulemaking covering
10
Title III of the ADA.
11
26. The long-contemplated revisions to the 1991 ADAAG culminated with the DOJs
12
issuance of The 2010 Standards for Accessible Design (2010 Standards). The
13
14 DOJ published the Final Rule detailing the 2010 Standards on September 15,
15 2010. The 2010 Standards consist of the 2004 ADAAG and the requirements
16 contained in appendices B and D to 36 C.F.R. part 1191, and subpart D of 28

17 C.F.R. part 36.
18
27. 42 U.S.C. 12182(a) provides that No individual shall be discriminated against
19
on the basis of disability in the full and equal enjoyment of the goods, services,
20
facilities, privileges, advantages, or accommodations of any place of public
21
22 accommodation by any person who owns, leases (or leases to), or operates a
23 place of public accommodation.
24 28. The ADA also provides a private right of action for preventative relief, including
25
an application for a permanent or temporary injunction or restraining order for
26
27
6
28
1 any person who is being subjected to discrimination on the basis of disability in

2
violation of Title III. 28 C.F.R. 36.501.
3
29. The duty of compliance with the ADA is not delegable.
4
FACTUAL ALLEGATIONS COMMON TO ALL COUNTS
5
30. On or about December 30, 2016, Plaintiff visited Defendants PPA.
6
7 31. Plaintiff was prevented from the full and equal enjoyment of the goods, services,
8 facilities, privileges, advantages, or accommodations of Defendants PPA due to

9 Defendants violation of the ADA and its accompanying Accessibility
10
Guidelines 5 and is discriminating against Plaintiff as a result of specific
11
violations including but not limited to the following:
12
a. Failure to provide the clear width of walking surfaces in aisles and
13
14 pathways no less than 36 inches (915 mm) as required by 36 CFR Part 1191,
15 Appendix D, Guideline 403.5.1;
16 b. Failure to provide signs containing the designation "van accessible" that

17 identify van parking spaces as required by 36 CFR Part 1191, Appendix D,
18
Guideline 502.6.
19
32. Having been deterred from equal enjoyment of Defendants PPA, Plaintiff has
20
not conducted a complete review of Defendants PPA; however, Plaintiff shall
21
22 seek to amend the Complaint to allege additional ADA violations upon the
23 completion of discovery and disclosure process. Since most barriers involve
24
25
5
See also 36 C.F.R. Pt. 1191, App. A and D.
26
27
7
28
1 measurement of inches or degrees, to identify all architectural barriers requires a

2
person to have unfettered access to a property with tools such as a tape measure,
3
inclinator, and note pad. Plaintiff therefore requires an on-site inspection
4
including the entry on Defendants PPA to gather additional evidence pursuant to
5
Rule 34 of the Federal Rules of Civil Procedure to provide a comprehensive list
6
7 of all barriers which existed on or before the date of this Complaint.
8 33. Defendant has discriminated against Plaintiff and others in that it has failed to
9 make its PPA fully accessible to, and independently usable by, individuals who
10
are disabled in violation of the ADA.
11
34. Defendant has discriminated against Plaintiff in that it has failed to remove
12
architectural barriers to make its PPA fully accessible to, and independently
13
14 usable by individuals who are disabled.
15 35. Defendants conduct is ongoing. Plaintiff invokes the statutory right to
16 declaratory and injunctive relief, as well as costs, expenses and attorneys fees.
17 28 U.S.C. 2201, 2202, 28 C.F.R. 36.501.
18
COUNT ONE: VIOLATION OF TITLE III OF ADA
19
36. Plaintiff adopts and re-alleges the allegations stated in the preceding paragraphs
20
as fully stated herein.
21
22 37. 42 U.S.C. 12182(a) prohibits discrimination on the basis of disability in the
23 full and equal enjoyment of the goods, services, facilities, privileges, advantages,
24 or accommodations of any place of public accommodation by any person who

25
owns, leases (or lease to); or operates a place of public accommodation.
26
27
8
28
1 38. 42 U.S.C. 12188(a) provides for a private cause of action against such
2
discrimination.
3
39. The mobility impairment at issue constitutes a disability under 42 U.S.C.
4
12102.
5
40. Plaintiff was prevented from the full and equal enjoyment of the goods, services,
6
7 facilities, privileges, advantages, or accommodations of Defendants PPA due to
8 Defendants violation of the ADA and Defendants architectural barriers at its

9 PPA constitute discrimination against Plaintiff.
10
41. Removal of the Defendants architectural barriers is readily achievable, or
11
Defendant may make their facilities available through alternative methods that
12
are readily achievable.
13
14 42. Defendant was required to make the PPA accessible to persons with disabilities.
15 As of the dates discussed herein, Defendant has failed to comply with the
16 mandates of the ADA.

17 43. Pursuant to 42 U.S.C. 12188, this Court is vested with the authority to grant
18
Plaintiffs request for injunctive relief including an order to alter the PPA to
19
make it readily accessible to, and useable by, individuals with disabilities to the
20
extent required by the ADA, and closing the PPA until the requisite
21
22 modifications are completed.
23
24
25
26
27
9
28
1 RELIEF
2
44. With respect to prospective relief, Plaintiff alleges that Plaintiff is suffering a
3
continuing injury or is under a real and immediate threat of being injured in the
4
future all as more fully developed below.
5
45. Plaintiff avers that Plaintiff intends to visit Defendants PPA several times per
6
7 year in the near future, but is deterred from doing so while Defendants PPA
8 violates the ADA as detailed above. 6

9 46. Plaintiff further avers that Plaintiff is deterred from visiting the Defendants
10
PPA. 7
11
47. Plaintiff further avers that any voluntary cessation of Defendants noncompliance
12
with the ADA may be readily reversed by the reinstatement of the barriers to
13
14 individuals with disabilities. Therefore, injunctive relief should be issued
15 irrespective of Defendants potential voluntary cessation. 8
16
17 WHEREFORE, Plaintiff requests judgment against Defendant as follows:
18
A. A declaration that Plaintiff has a federally protected right to the full and
19
equal enjoyment of the goods, services, facilities, privileges, advantages,
20
21
22
6
23 Colo. Cross-Disability Coal. v. Abercrombie & Fitch Co., 765 F.3d 1205 (10th Cir. 2014)
7
Chapman v. Pier 1 Imports (U.S.) Inc., 631 F. 3d 939, 946 (9th Cir. 2011).
8
24 Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., Inc., 528 U.S. 167, 189, 120 S.Ct. 693, 145
L.Ed.2d 610 (2000): It is well settled that a defendant's voluntary cessation of a challenged
25 practice does not deprive a federal court of its power to determine the legality of the practice. If
it did, the courts would be compelled to leave the defendant free to return to his old ways.
26
27
10
28
1 or accommodations of Defendants PPA, whether alleged in this

2
Complaint or subsequently discovered; and
3
B. A declaration that at the commencement of this action Defendant was in
4
violation of the specific requirements of the ADA described above; and
5
C. Irrespective of Defendants voluntary cessation, if applicable, a
6
7 preliminary and permanent injunction requiring Defendant to remove all
8 barriers so that Plaintiff shall have the full and equal enjoyment of the
9 goods, services, facilities, privileges, advantages, or accommodations of
10
Defendants PPA; and
11
D. An Order requiring Defendant to alter its PPA that is the subject of this
12
Complaint to make the PPA accessible to and usable by individuals with
13
14 disabilities to the full extent required by the ADA; and
15 E. An award of attorneys fees, including litigation expenses, and costs,
16 pursuant to 42 U.S.C. 12205, 28 CFR 36.505, and other principles of

17 law and equity and in compliance with the prevailing party and
18
material alteration of the parties relationship doctrines.
19
DEMAND FOR JURY TRIAL
20
Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff hereby
21
22 demands a jury trial on issues triable by a jury.
23
24
25
26
27
11
28
2
RESPECTFULLY SUBMITTED this January 31, 2017.
3
5
/s/ Whitney C. Wilcher, Esq.
6
Whitney C. Wilcher, Esq.
7 THE WILCHER FIRM
8465 West Sahara Avenue Suite 111-236
8 Las Vegas, NV 89117
702-466-1959
9 Email: wcw@nevadaada.com
Attorney for Plaintiff
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
12
28
JS 44 (Rev. 08/16) Case
CIVIL COVER SHEET
2:17-cv-00304 Document 1-2 Filed 02/01/17 Page 1 of 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of
Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) DEFENDANTS
PLAINTIFFS
Kevin Zimmerman GJS Group, Inc.
(b) County of Residence of First Listed Plaintiff Clark
(EXCEPT IN U.S. PLAINTIFF CASES)
County of Residence of First Listed Defendant CLARK
(IN U.S. PLAINTIFF CASES ONLY)
(c) Attorneys (Firm Name, Address, and Telephone Number)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
THE WILCHER FIRM TRACT OF LAND INVOLVED.
8465 West Sahara Avenue Suite 111-236, Las Vegas, Attorneys (If Known)
NV 89117
702-466-1959
II. BASIS OF JURISDICTION (Place an X in One Box III. CITIZENSHIP OF PRINCIPLE PARTIES (Place an X in One Box for Plaintiff)
Only) (For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
1 U.S. Government 3 Federal Question Citizen of This State 1 1 Incorporated or Principle Place 4 4
Plaintiff (U.S. Government Not a Party) Of Business In This State
Citizen of Another State 2 2 Incorporated or Principle Place 5 5
2 U.S. Government 4 Diversity Of Business In Another State
Defendant (Indicate Citizenship of Parties in
Item III) Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
VI. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 42 U.S.C. 12101, et. Seq.; 36 C.F.R
Part 1191
Violation of Title III of the ADA
Brief description of cause: Discrimination on the basis of disability.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND DEC. INJ. FEES CHECK YES only if demanded in complaint:
COMPLAINT UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S) (See instructions:):

IF ANY JUDGE ___________________________________ DOCKET NUMBER _________________________
DATE January 31, 2017 SIGNATURE OF ATTORNEY OF RECORD /s/ Whitney C. Wilcher, Esq.
FOR OFFICE USE ONLY
RECEIPT # __________________ AMOUNT ___________________________ APPLYING IFP _______________________ JUDGE _______________________ MAG. JUDGE ________________________________
1 Whitney C. Wilcher, Esq.

THE WILCHER FIRM
2
Las Vegas, NV 89117
4 702-466-1959
Email: wcw@nevadaada.com
5 Attorney for Plaintiff
6
7
DISTRICT OF NEVADA
8
9 Kevin Zimmerman, an individual, Civil Action No:

10
11 Plaintiff,
12 vs.
13
GJS Group, Inc.,
14
15 Defendant.
16 SUMMMONS IN A CIVIL ACTION

17
To: GJS Group, Inc.
18 8080 S LAS VEGAS BLVD
LAS VEGAS, NV 89123
19
20 A lawsuit has been filed against you.
21 Within 21 days after service of this summons on you (not counting the day you
22 received it) or 60 days if you are the United States or a United States agency, or an
23 officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)
24
you must serve on the plaintiff an answer to the attached complaint or a motion under
25
26
27
1
28
1 Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served
2
on the plaintiff or plaintiffs attorney, whose name and address are:
3
4
5 THE WILCHER FIRM
Las Vegas, NV 89117
7
702-466-1959
8 Email: wcw@nevadaada.com
10 If you fail to respond, judgment by default will be entered against you for the relief
11 demanded in the complaint. You also must file your answer or motion with the court.
12
13 CLERK OF COURT
14
15 Date:
16 Clerk or Deputy Clerk
17
18
19
20
21
22
23
24
25
26
27
2
28

Nevada ADA Lawsuit

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Nevada ADA Lawsuit

Uploaded by

Copyright:

Available Formats

Case 2:17-cv-00304 Document 1 Filed 02/01/17 Page 1 of 5

UNITED STATES DISTRICT COURT

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS

Affidavit in Support of the Application Instructions

Signed: Kevin L. Zimmerman Date: 02/01/2017

Retirement (such as social security, pensions, annuities,

$ 1,070.00 $ 0.00 $ 1,070.00 $ 0.00

Employer Address Dates of employment Gross

Employer Address Dates of employment Gross

4. How much cash do you and your spouse have? $ 0.00

Home (Value) $ 0.00

Motor vehicle #1 (Value) $ 0.00

Make and year:

Motor vehicle #2 (Value) $ 0.00

Make and year:

Other assets (Value) $ 0.00

Other assets (Value) $ 0.00

Rent or home-mortgage payment (including lot rented for mobile home)

Home maintenance (repairs and upkeep) $ 0.00 $ 0.00

Food $ 250.00 $ 0.00

Clothing $ 83.00 $ 0.00

Laundry and dry-cleaning $ 12.00 $ 0.00

Medical and dental expenses $ 300.00 $ 0.00

Transportation (not including motor vehicle payments) $ 100.00 $ 0.00

Recreation, entertainment, newspapers, magazines, etc. $ 50.00 $ 0.00

Insurance (not deducted from wages or included in mortgage payments)

Homeowner's or renter's: $ 15.00 $ 0.00

Life: $ 0.00 $ 0.00

Health: $ 0.00 $ 0.00

Motor vehicle: $ 0.00 $ 0.00

Other: $ 0.00 $ 0.00

Motor vehicle: $ 0.00 $ 0.00

Credit card (name): $ 0.00 $ 0.00

Department store (name): $ 0.00 $ 0.00

Other: Internet $ 50.00 $ 0.00

Alimony, maintenance, and support paid to others $ 0.00 $ 0.00

Regular expenses for operation of business, profession, or farm (attach detailed $

Other (specify): $ 0.00 $ 0.00

If yes, how much? $ 7%'

12. Identify the city and state of your legal residence.

Your daytime phone number:

1 Whitney C. Wilcher, Esq.

9 Kevin Zimmerman, an individual, Civil Action No:

17 Plaintiff, Kevin Zimmerman, hereby brings an action for declaratory judgment,

24 BLVD , LAS VEGAS, NV 89123 .

7 original jurisdiction pursuant to 28 U.S.C. 1331, 28 U.S.C. 1343, and 42

16 as more fully stated below.

1 9. Plaintiff is a customer of Defendant and visited Defendants PPA on or about

7 violates the ADA as detailed below. 2

14 irrespective of Defendants potential voluntary cessation. 4

1 THE ADA AND ITS IMPLEMENTING REGULATIONS

7 employment, access to State and local government services, places of public

8 accommodation, transportation, and other important areas of American life.

23 establishing a committee composed of members of the design and construction

8 rulemaking to begin the process of adopting the 2004 ADAAG.

16 contained in appendices B and D to 36 C.F.R. part 1191, and subpart D of 28

23 place of public accommodation.

1 any person who is being subjected to discrimination on the basis of disability in

8 facilities, privileges, advantages, or accommodations of Defendants PPA due to

15 Appendix D, Guideline 403.5.1;

16 b. Failure to provide signs containing the designation "van accessible" that

23 completion of discovery and disclosure process. Since most barriers involve

1 measurement of inches or degrees, to identify all architectural barriers requires a

7 of all barriers which existed on or before the date of this Complaint.