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Electronically Filed 9/11/2020 2:33 PM Steven D. Grierson CLERK OF THE COURT 1 Lawrence J. Semenza, III, Esq., Bar No. 7174 Email: [email protected] 2 Christopher D. Kircher, Esq., Bar No. 11176 Email: [email protected] 3 Jarrod L. Rickard, Esq., Bar No. 10203 CASE NO: A-20-821028-C Department 26 4 Email: [email protected] Katie Cannata, Esq., Bar No. 14848 5 [email protected] SEMENZA KIRCHER RICKARD 6 10161 Park Run Dr., Ste. 150 Las Vegas, Nevada 89145 7 Telephone: (702) 835-6803 8 Facsimile: (702) 920-8669 9 Attorneys for Plaintiff Wynn Las Vegas, LLC d/b/a Wynn Las Vegas 10 DISTRICT COURT 11 CLARK COUNTY, NEVADA 12 WYNN LAS VEGAS, LLC d/b/a WYNN Case No. 6803 - 13 LAS VEGAS, a Nevada limited liability Dept. No. company, 14 15 Plaintiff, COMPLAINT Las Vegas, Nevada 89145 16 v. Telephone: (702) 835 (702) Telephone: 10161 Park Run Drive, Suite 150 Suite Drive, Run Park 10161 SEMENZA RICKARD KIRCHER 17 DOE individuals 1-20, inclusive, 18 Defendants. 19 20 For its Complaint, Wynn Las Vegas, LLC d/b/a Wynn Las Vegas ("Wynn") complains 21 against DOE Individuals 1-20 ("Defendants") as follows: 22 INTRODUCTION 23 By this action, Wynn seeks to honor its long-held commitment to protect the safety and 24 security of its guests and employees. Be assured, Wynn will not sit idly by when anyone engages 25 in mayhem or flouts government-imposed safety measures in violation of Nevada law. Wynn will 26 aggressively pursue all options to hold these individuals accountable even after they flee from 27 Wynn's buildings and away from Nevada's borders. In taking such action, Wynn seeks to quash 28 1 Case Number: A-20-821028-C 1 any mistaken belief that Wynn would ever tolerate any intrusion upon the safety and wellbeing of 2 its guests and employees. Wynn will not. 3 As detailed below, the individuals identified herein as DOES 1-20, and who Wynn will 4 spare no expense or effort in seeking to identify through this action, broke Nevada law and 5 breached Wynn's terms of entry during the early morning minutes of September 6, 2020. While 6 their actions may have been isolated and lasted only moments, the damage they caused to Wynn 7 and to the gaming industry still reeling from the effects of the COVID-19 pandemic is incalculable. 8 Wynn is prepared to do whatever is necessary to pursue and press all possible charges against these 9 individuals to the full extent of equitable and legal remedies available. 10 PARTIES 11 1. Wynn is a Nevada limited liability company created and existing under and by virtue of the laws of the State of Nevada. 12 6803 - 13 2. The true names and capacities of the Defendants named herein as DOES 1 through 20, inclusive, are unknown to Wynn at this time and Wynn therefore sues said Defendants by such 14 15 fictitious names. Wynn is informed and believes, and therefore alleges, that each of the Defendants designated herein as DOES are responsible in some manner for the events and happenings referred Las Vegas, Nevada 89145 16 Telephone: (702) 835 (702) Telephone: 10161 Park Run Drive, Suite 150 Suite Drive, Run Park 10161 SEMENZA RICKARD KIRCHER 17 to and caused damages proximately to Wynn as herein alleged, and Wynn will ask leave of this Court to amend its Complaint to insert the true names and capacities of said DOES when the same 18 19 become ascertained and join said Defendants in this action.. 20 BACKGROUND 21 3. Wynn owns and operates the Wynn Las Vegas and Encore Las Vegas casino/resort 22 in Las Vegas, Nevada. 23 4. Like other casino/resort operators, Wynn implements and enforces certain terms 24 and conditions of entry for its patrons and invitees. 25 5. Among Wynn's foremost considerations is the safety and security of its customers 26 and employees. As such, Wynn operates under a zero-tolerance approach to violence. Wynn's 27 policy is simple. If you engage in violence, you will be trespassed from Wynn's property. 28 2 1 6. Similarly, Wynn is steadfast in its approach to enforcing Nevada's executive orders 2 meant to curb the spread of COVID-19. Wynn's policy is again simple. All orders, including 3 wearing facemasks and maintaining social distancing protocols, must be obeyed on Wynn's 4 premises. 5 7. This action centers on clear violations of Wynn's terms and conditions of entry. 6 8. Specifically, at approximately 12:32 a.m. on September 6, 2020, an unknown male 7 dispersed cash in the air ("made it rain") in front of the Encore Lobby Bar. Due to that action, a 8 crowd formed. As that group of 15-20 persons were being escorted out of the Encore Las Vegas 9 by Wynn security, an unknown male (M1) and unknown woman were walking into the same area 10 and words were exchanged between M1 and an unknown male being escorted out of the premises 11 at the time (M2). M1 confronted M2, M2 sucker punched M1, and a fight began. Multiple unknown males and females were involved. 12 6803 - 13 9. During this same time, another male began swinging a liquor bottle hitting several persons. Two security officers were struck by unknown males. In the process, a veridoc machine, 14 15 plants and stanchions were damaged. 10. Multiple videos were obtained recording these events and posted to social media. Las Vegas, Nevada 89145 16 Telephone: (702) 835 (702) Telephone: 10161 Park Run Drive, Suite 150 Suite Drive, Run Park 10161 SEMENZA RICKARD KIRCHER 17 FIRST CAUSE OF ACTION (Trespass) 18 19 11. Wynn incorporates the allegations contained in paragraphs 1 to 10 as though fully 20 set forth herein. 21 12. As the operator for Encore Las Vegas, Wynn retains the exclusive right to 22 possession and to set terms and conditions for entry. 23 13. Given their above-alleged actions, Defendants interfered with Wynn's right to 24 possession by clearly, and openly, violating these terms and conditions. 25 14. Defendants' actions were intentional or at least negligent. 26 15. Wynn has been damaged in an amount that exceeds $15,000.00, exclusive of costs 27 and interest. 28 3 1 16. Wynn has been forced to hire an attorney to prosecute this action and therefore 2 seeks recovery of its attorneys' fees and court costs. 3 SECOND CAUSE OF ACTION 4 (Nuisance) 5 17. Wynn incorporates the allegations contained in paragraphs 1 through 16 as though 6 fully set forth herein. 7 18. Given their above-alleged actions, Defendants interfered with Wynn's use and 8 enjoyment of its real and personal property. 9 19. Defendants' interference was both substantial and unreasonable. 10 20. Wynn has been damaged in an amount that exceeds $15,000.00, exclusive of costs 11 and interest. 21. Wynn has been forced to hire an attorney to prosecute this action and therefore 12 6803 - 13 seeks recovery of its attorneys' fees and court costs. THIRD CAUSE OF ACTION 14 15 (Concert of Action) 22. Wynn incorporates the allegations contained in paragraphs 1 to 21 as though fully Las Vegas, Nevada 89145 16 Telephone: (702) 835 (702) Telephone: 10161 Park Run Drive, Suite 150 Suite Drive, Run Park 10161 SEMENZA RICKARD KIRCHER 17 set forth herein. 23. As alleged herein, Defendants acted with one-another and together to commit a tort 18 19 while acting in concert or pursuant to a common design. 20 24. As a result, Wynn has been damaged in an amount that exceeds $15,000.00, 21 exclusive of costs and interest. 22 25. Wynn has been forced to hire an attorney to prosecute this action and therefore 23 seeks recovery of its attorneys' fees and court costs. 24 25 26 27 28 /// 4 1 FOURTH CAUSE OF ACTION 2 (False Light) 3 26. Wynn incorporates the allegations contained in paragraphs 1 through 25 as though 4 fully set forth herein. 5 27. Defendants created publicity in a matter concerning Wynn that placed Wynn before 6 the public in a false light. 7 28. The false light under which Wynn was placed would be highly offensive to a 8 reasonable person. 9 29. Defendants had knowledge of or acted in reckless disregard as to the falsity of the 10 publicized matter and the false light in which Wynn was placed. 11 30. As a result, Wynn has been damaged in an amount that exceeds $15,000.00, exclusive of costs and interest. 12 6803 - 13 31. Wynn has been forced to hire an attorney to prosecute this action and therefore seeks recovery of its attorneys' fees and court costs. 14 15 FIFTH CAUSE OF ACTION (Declaratory Relief) Las Vegas, Nevada 89145 16 Telephone: (702) 835 (702) Telephone: 10161 Park Run Drive, Suite 150 Suite Drive, Run Park 10161 SEMENZA RICKARD KIRCHER 17 32. Wynn incorporates the allegations contained in paragraphs 1 through 31 as though fully set forth herein. 18 19 33. Pursuant to the Nevada Declaratory Relief Act, persons whose rights, status, or 20 other legal interests are affected by a statute, ordinance, or other legal obligation, or who may have 21 a question of validity arising under such legal obligation, may obtain a declaration of rights 22 thereunder. 23 34. Given Defendants' above-alleged actions, Wynn is entitled to a declaration that 24 Defendants were trespassers on Wynn's property and acted in violation of Wynn's terms and 25 conditions. 26 35.