164051P.pdf   03/29/2018  Melanie Davis  v.  Anthony, Inc.
   U.S. Court of Appeals Case No:  16-4051
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Benton, Author, with Shepherd and Kelly, Circuit Judges] 
   Civil case - Americans with Disabilities Act. Plaintiff's lawsuit seeking 
   declarative and injunctive relief for alleged violations of the ADA was 
   moot in light of defendant's remediation; claim that the suit, which 
   focused on accessible parking, was not moot because the remediation 
   evidence did not discuss slope of the newly-installed spaces rejected as 
   the complaint did not mention slope or the relevant regulation as grounds 
   for relief; plaintiff never entered defendant's building and while her 
   presence and use of the parking lot gave her standing to raise claims 
   concerning the lot, she cannot use the violation encountered in the 
   parking lot to expand her standing to sue for unencountered violations 
   inside the building that never injured her; defendant's response made a 
   factual attack on standing, and the procedural protections in Rule 
   12(b)(6) did not apply; plaintiff's affidavit was insufficient to request 
   jurisdictional discovery under Rule 56. Judge Kelly, concurring.