A-15-721481-C CIVIL COVER SHEET @116; C?untyi Nevacia Case No. - (Assigned by Cleric 1i Q?lce) 1. Party Information Plaimi ills} JB Defenclan?t(5} EDS FITNESS HOLDINGS, LLC, et a1. Alen'ney Liberius Agwam, Esq? 4693 E, Flami?go Rd? L83 Vagas, Nevada, 8912i Phone: {702) 3854800 Niamey ll. Nature of Controversy (Please check applicable bold categmy and Arbitration Requested applicable subcategory, ifapp'mpriate) Civil Cases Real Property Torts Negligence Negligence Ant? Negligence cdicaymntai Landlorleeuam Unlawful Detaiutzr El Product Liability Product LiabilitylMomr Vehicle- [1 Other Tortsil?roduct Liability Title. to Property Femi? 031mg El Negligence Premises Liability El Misconduct I iem Tonsf?efamation (Libelr?Slander) Qui?t??e Negligence Other Interfere with Contract Rights . i Employment Torts [Wrongful termination) petl?c. i161 fol mancc - Other Tarts Anti?trusl El Insurance. Cl Legal Tort El Unfair Competition I3 Cnndemnatianf?miuent Domain Other Reai Pmperiy P?rtition lexning?Zoning Probate Other Civil Filing Types El Appeal from Lower Cuurt (also check mimic-tibia- civil mm bax) Transfer from Justice Couri- Justice Court Civil Appeal Civil Writ El Other Spatial Pl?aceed'ing Cl Other Civil Filing El Comproniisa nf? Mimr?s Claim [3 Conversion of Property Dennagc: to Property Employment Security El of Judgment El F-?oraign Judgmmit Civil Other Personal i?mperty [3 Recovery {if Properly El Stockholder Suit Other Civil Matters El Consiructieu Defect [mp [51? 4i} General Breach ol'Contracl? Building Construction Insurance Carrier Commercial lnsh'imicni Other ContractslAcct?ud gment Collecticn of Actions Employment Contract Guarantee Sale Contract Unil?m'm Cuzi'lmeminl {Jude Civil Petition fur Judicial Review Cl Other Administrative Law Department of Motor Vehicles Cl Worker?s Compensaliou Appcal Summary Aclministmtion Cl {192191111 Administratian Special Administration Set Asid? Estates TrusiiConservamrships El Individual Trustee Corpmatc Trustct: Other-Probate IE1. Business Court Requested (Please check applicable Clark or ll?nsl?we Counties only.) El NR3 Chapters 78-88 investments 104 Art. 8) Commodities (HRS 90) Ducujilivr. Trade Practices 598) Securities (NR8 90] Trademarks (NR3 600A) #7 Date: ?Signamre ofinitiati?g party or represantative Enhanced Case: MgliitlBusiness Ll Other Business Matters: ff Farm PA 201 Ilcv. 2,31?2 Nevada Planning and Analysis Division AGWARA ?5 ASSOCIATES 4693 El. Flamingo Road Las Vegas, NV 8912! (Fill) 385-48?0 Of?ce. 0 (792) 385?4909 llElectronically Filed 07/14/2015 05:24:25 PM COMP (wi- LIBORIUS AGWARA, ESQ. CLERK OF THE COURT Nevada Bar No. 7576 AGWARA ASSOCIATES 4693 E. Flamingo Road Las Vegas,'NV 89121 (702) 385 4800 Qf?ce (702) 385 4900 fax libolawl?lelg?ahmu clam. Plainhj?" DISTRICT COURT CLARK COUNTY, NEVADA JB, an Individual, Case No. . DeptNo. Plaintiff, XI COMPLAINT VS. JAMES COLEMAN BOOKER, an Individual; TRT INC, a Texas Cmporation; E68 FITNESS HOLDINGS, LLC, an A?zona? Limited Liability Company; FIRST ALLIANCE, LLC dba DOES luv, and ROE CORPORATIONS VLX: Inclusive, I Defendants. COMES NOW, JB (?Plaimg?i?), all individual, by and through her counsel of record, Li'borius Agwara, Esq, of the law firm of Agwara 8L Assnciatss, and for her Complaint against Defendants, alleges as fallaws: 1. COMMON 1. That at all times material and pertinent harem Plaintiff was and continues; to be a resident of Clark County, State of Nevada; that Plaintiff?s initials are being used as her true identity is being withheld bammss this action involves allegatians of sexual assault while Plainliff was a 16-year01d child. AGEVARA :51: ASSOCIATES 4693 E. Flamingo Road [.33 gas, NV 3912] {79132) 335?4800 Office 5'02} 385-49DB Fax That at. all times material and portinont horoto, Defendant JAMES COLEMAN HOOKER (?Dtgf?endnn?? or monitor?), an Individual, Was and continues to be. a resident of Clark County, State of Nevada. 3. That at all times material and portinont hototo, HOLDINGS, INC, (?ich??erchant"? or is a Texas Corporation, with its headquarters locatotl in Dallas, Texas; that ?llR?l? HOLDINGS ounis tho Gold?s natno and (initiation Gold?s International, Inc.; that Plaintiff is informed and believes that TRT Holdings had an oninorship intorost in, or received royalties item, the Gold?s- locationffranohiso that employed Defendant Booker. 4. That at 'all times material and pertinent hereto, De?fondant EOS FITNESS HOLDINGS, LLC or Fitness"), is an Arizona Limited Liability Company, with its hoadqunrters located in Phoenix, Arizona; that at all times tnatorial and pertinent hereto, Defendant E08 FITNESS owned, operated, and/or did business as GYM in Clark County, Nevada. 5. Th at at all times inatm'ial and pertinent hereto, Defendant FIRST LLC (?De endow? or ?First doing business as Gold?s Gym, and is a. Limited Liability Company organized under the laws of an nnlmown State, but did, and continuos to do, business in Clark County. 6, That the true names and capacities of the designated herein as Doi: 01' Ron Corporations are presently unknown to Plaintiff; therefore, Plaintiff sues said Dofondantn by such ?ctitious names, and when their two names and capacities are ascertained, Plaintiff will sonic leave to amenti her Complaint to insort some herein; that Plaintiff believes. and. alleges that the Don and Ron Defendants; are in Some manner liable to Plaintiff for her injuries complained of heroin. memes. ?5 ASSQCIATES ngo Reed Les Vegas. NV 8912i 85-4800 Office {3?02} 385-4909 Fax up. 4693 E. Flam 1. a {Elli'22. 23 24 7.. - That on or about February 22, 2013, Plaintiff was a. l?wyear old minor child when she Wins given membership and allowed access to Defendants? gym, located at 7501 West Lake Mead Blvd, Las Vegas, Nevada 891 28; that Defendants knew that Plaintiff was a minor and could not legally enter into a binding contract. 8. That Defendants? gym, currently known as E08 was named Gold?s (heree?er, ?De?endanrs'Gym?) on said date. 9. That Defendants negligently hired Defendant BOOKER, whom they knew was a convicted felon and sex offender, as a personal trainer. 10. That Defendant HOOKER possessed an extensive criminal history of Sixteen (16) - prior convictions for crimes, including illegal sex with a minor, kidnapping, larceny, grand larceny, witness tampering, assault and battery, illegal possession of a fireoim, etc. 11. The: on Plaintiff?s first visit to Defendants? gym, on or about Febr-uery 22, 2013, Defendants assigned Defendant BOOKER to Plaintiff, as her personal trainer. 12. That alter the training session, Defendant HOOKER offered to give Plaintiff a ride in his ?331" and tool: her to dark and hidden location where he raped her in his vehicle.- 13. That Plaintiff reported the sexual assault to authorities the next day; that Dciien'dant HOOKER was formally charged in connection with this crime, pled guilty, and was Sentenced on June 12, 2014 to a prison term years. FIRST CAUSE OF ACTION Against James Coleman Booker 1.4. Pla?n?iff re?ellcges and incot?pt'n?etee by reference each and every allegation contained in paragraphs 1 through l3 as though fully set forth herein. l.?l.ai11tiff ?trther alleges: AGWARA ?5 ASSOCLQTES 4693 E. Flaminge Road Les Vegas, NV 89121 853?4890 Office it $011) 3%5-4900 Fax - 15. That on or about February 22, 2013, at a location near 7501 West Lake Mead. Blvd, Las Vegas, Nevada 391.28, Defendant HOOKER. intentionally did acts Which resulted in offensive contacts with Plaintiffs person, including but not limited to, sexually assaulting Plaintiff. 16. That Defendant did Such acts; with the intent to cause a harmful or offensive contact with the body of Plaintiff. 17. That as a minor child, Plaintiff lacked. the capacity to consent and did, in fact, not I consent, to Defendant conduct. 18. That as a direct: and proximate result of Defendant?s acts, Plaintiff sustained serious and perm aneni injuries to her. 19. That. Defendant conduct was malicious and reprehensible, as a result, Plaintiff is entitled to intuitive damages; that Plaintiff is entitled to 'a judgment in her favor against Defendant HOOKER for battery in an amount in excess of $10,000. 20. That Defendants TRT HOLDINGS, EDS FITNESS and FIRST ALLIANCE are vicariously liable for Defendant BOOKEWS acts, pursuant to the doctrine of Respondent Superior, as acts were done within the course and scope of his employment as a personal trainer at Defendants? gym. 21,. hat Plaintiff has been required to retain the services of an atterney for the proaeention of this matter, and therefore, is entitled to re aaonable attorney?s fees. SECOND CAUSE OF ACTION (NEGLIGENT HIRING AND RETENTION 0F EMPLOYEE) Against TRT Holdings, E08 Fitness, and First: Alliance nae. 41.745 22. Plaintiff rev-alleges anti incorporates by reference each and every allegation contained in paragraphs 1 through 21, as though fully set forth herein. Plaintiff further alleges: ASSOCIATES 4693 E. Flamingo Road Las Vegas, NV 3.912! 385?4306 Gf?ce I W02) 38 4980 Fax all 23. That at an unlmown date prior to February 22, 2013, Defendants ?l?ltT HOLDINGS, EDS- FITNESS and FIRST ALLIANCE hired James Coleman Booker as a personal trainer, to work at their located at 7501 West Lake Mead Las Vegas, Nevada. 89128. 24. That Defendant HOOKER possessed an extensive criminal history of Sixteen (16) prior convictions for crimes, including illegal sex. with a minor, kidnapping, larceny, grand larceny, ??tness tampering, assault and battery, illegal possession of a ?rearm, etc. 25. That Defendants knew, should have known, or had reason to know that Defendant HOOKER had a criminal history as described above before hiring or retaining him. 26. - That Defendants 111T HOLDINGS, ECS FITNESS and FIRST ALLIANCE had a duty to protect than? patrons and invitees, especially il?lithl? children who are unlawfully given access, from sexual felons and bredators; that these Defendants breached that duty when they hired and retained Defendant Booker while knowing he was a convicted sex 'oiilender and allowing him to come into oontaet with Plaintiff; that the course and scope of Defendant employment as a personal trainer brought him into direct physieai contact Plaintiff and required. him to closely interact with her. 27. That as a direct anchor proximate result of Defendants? breach of their duty, Plaintiff Was sexually assaulted by Defendant BOOKER, and severely injured. 28. That Defendant? actions, or lack thereof, herein were malicious and reprehensible, thus entitling Plaintiff to punitive damages. 29. That Plaintiff is entitled to a judgment in her favor against Defendants TRT HOLDINGS, E08 FITNESS and FIRST ALLIANCE for their negligent hiring and retention of Defendant BOOKER, in an amount in excess of $10,000. 30. That Plaintiff has been required to retain the services of an attorney for the prosecution of this matter, and therefore, is entitled to reasonable attorney?s fees. .5, AGWARA ASSOCIATES 469?: E. Fleminge Road Las Vegas. NV 89] {702} 355-4800 Of?ce I 385-4990 Fax 2.0- 22 23 24 'I?l'fil?i?i) CAUSE OF (NEGLIGENT SUPERV Against TRY Holdings, E68 Fitness. and First. Allianee H.113. 41.745 31. Plaintiff re?allegee and incorporates by reference each and every allegation contained in paragraphs 1 through 30 as though fully set forth herein. Plaintiff furthet alleges: 32. That on or about February 22. 2013, Plaintiff was a 16?year old minor child when she was unlawfully given Inemizeiehip and/or allowed access to the Defendants? gym, located at 7501 Went Lake Mead Les Vegas, Nevada 89128. 33. That Befendants had a duty to properly supewise theii~ as Well as employees; that Defend ants breached this duty Iwheii they negligently failed to supervise the operation of their and. the conduct of their by giving Plaintiff, a. minor child, a Membership or allowing her to their facility. 34. That Defendants negligently failed to supervise their employee, Defendant BOOKER. a mule?convicted felon, by allowing him to have close physical contact with a minor child, during the course and scope of his employment an a personal trainer. 35. That as. a direct andfor proximate result of Defendante? negligent supervision. Plainti?" was sexually assaulted by Defendant BOOKER, resulting in physical and emotional injuries to Plaintiff. 36. That flainti'fi? is; entitled to a judgment in her favor against Defendants for their negligent supervision, in an amount in excess. of $10,000. 37. That Plaintiff has been required to retain the services of an attorney for the prosecution of this matter, and therefore, is entitled to renewable attorney?s fees. i -5- AGWARA 8.: ASSOCLATES 4693 E. Flamingo Read Las Vegas,NV 3 121 (fill) 385-4800 {)f?ce I {702} 385-4900 Fax ixFUURTH CAUSE OF ACTION (INTENTIONAL 0F EMOTIONAL Againnt James Coleman Booker 38. Plaintiff rewaliegea and incorporates by reference each and every allegation contained in paragraphs 1 through 37 as though fully set forth herein. Plaintiff ?nther alleges: 39. That Defendant act's- were intentional, extreme, outrageous, and were done with the intent to cause serious emotional distress. or with reckless disregard of the probability of causing Plaintiff serious emotional. distress. 40. That as a direct and proximate result of such acts of Defendant, Plaintiff suffered severe emotional distress and Inertial anguish wl'lich has caused Plaintiff to sustain severe, serious, and permanent injuries to her person, all to her damage in a sum to be shown according to proof. 41. That Plaintiff twill necessarily, by reason of her injuries, incur additional medical, ptefessional, and incidental expenses for an inde?nite period of time into the future, all to Plaintiffs damage in a sum to be shown according to proof. That Defendants TRT HOLDINGS, E08 FITNESS and. FIRST ALLIANCE are vicariously liable for Defendant acts, pursuant to the doctrine of Respondent as acts were done within the course and scape of his employment as a personal trainer at Defendants" gym. 43. That Plaintiff is entitled to a judgment in her favor against Defendant BOOKER for intentional in?iction of emotional distress, in an amount in excess of $10,000. 44. hat Plaintiff has been required to retain the services of an attorney for the prosecution oftl-iislmatten and tl'icre?fore, is entitled to reasonable attorneys fees. Hf 3; ASSOCIATES 4693 E. Flamingo R?ad Las Vegas, NV 8912] (T92) 335?4300 Of?ce I 385-4980 Fax 311-33:k PRAYER FOR mum WHEREFORE, Plajmiff, whila expressly rascrving her right to amend this Complaint at the time; of the Trial of the; action herein to includa all items of dan'sagc: not yat ascertained, hereby prays far relief as follows: For Judgment in favor of Plaintiff and againsi Defmdants on crash cause of action, "in. an amount in excess of TEN THOUSAND DOLLARS For punitive and axemplary damages in an 211116th subject to proof at trial; I For costs of suit herein incm'red; For attorney?s fees, and, For such Otlmr and additional relief as the. Court may deem. just and 13131331: N. DATED this [ii 7:13: 01" July 2015. AGWARA 84 ASSOCIATES AGWARA ESQ. Nevada Bar No. 7576} 4693 Flami?go Roi-1d Las Vegas, NV 89121 (702} 385 4800 of?ce (702) 385 4900 fax llbolar?w?slma?0331; Armmeyfor Plrrimi?'