9 DISTRICT COURT
11
JANE DOE, an individual; CASE NO.:
12 DEPT. NO.:
Plaintiff,
13
v.
14 COMPLAINT
STEPHEN A. WYNN, an individual; JOHN J.
15 HAGENBUCH, an individual; RAY R.
IRANI, an individual; JAY L. JOHNSON, an (Exemption From Arbitration Requested
16 individual; ROBERT J. MILLER, an Damages Exceed $50,000)
individual; PATRICIA MULROY, an
17 individual; CLARK T. RANDT, JR., an
individual; ALVIN V. SHOEMAKER, an
18 individual; J. EDWARD VIRTUE, an
individual; D. BOONE WAYSON, an
19 individual; WYNN RESORTS, LIMITED, a
Nevada Corporation; DOES 1 through 100,
20 inclusive; and ROE CORPORATIONS 1
through 100, inclusive,
21
Defendants.
22
23 COMES NOW, Plaintiff, JANE DOE (hereinafter “Doe” or “Plaintiff”), whose identity is
24 withheld due to privacy and concerns, by and through her counsel of record, JUSTIN L.
25 WATKINS, ESQ. and MATTHEW W. HOFFMANN, ESQ., of the law firm of ATKINSON
26 WATKINS & HOFFMANN, LLP, and for her Complaint on file herein alleges as follows:
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1 PARTIES
2 1. At all times material herein, Plaintiff is an adult 49-year-old female, and is and was
3 a resident of the State of Nevada, County of Clark, during the duration of her employment with
4 WYNN RESORTS.
5 2. At all times material herein, Defendant STEPHEN A. WYNN (“WYNN”), was and
6 is a resident of Clark County, Nevada, and was Chairman and Chief Executive Officer of Defendant
7 WYNN RESORTS, LIMITED (“WYNN RESORTS”), which owns and operates Wynn Las Vegas,
8 a hotel and casino located at 3131 Las Vegas Boulevard South, Las Vegas, Nevada, County of
12 4. Defendant DR. RAY R. IRANI (“IRANI”) is a citizen of California and has served
20 8. Defendant CLARK T. RANDT, JR. (“RANDT”) is a citizen of Utah and has served
24 10. Defendant J. EDWARD VIRTUE (“VIRTUE”) is a citizen of Florida and has served
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1 12. WYNN, HAGENBUCH, IRANI, JOHNSON, MILLER, MULROY, RANDT,
3 DIRECTORS”.
4 13. The true names and capacities, whether individual, corporate, limited liability
5 company; partnership; or otherwise of Defendants DOES 1 through 100, inclusive, are unknown to
6 Plaintiff who therefore sues said Defendants by such fictitious names. On information and belief,
7 Plaintiff alleges that the Defendants, and each of them, designated herein as a DOES were
8 responsible in some manner for the injuries sustained by the Plaintiff during and/or after her
10 WYNN’s sexual harassment, assault, abuse, and/or breach of duties owed to Plaintiff, and/or
11 otherwise failed to take or order appropriate action to avoid harm to Plaintiff; and further that
12 certain, without limitation, employees employed and/or engaged by said Defendants; or other
13 patrons of said business; knew of or should have known of or caused a dangerous condition and are
14 therefore liable for all damages due to Plaintiff as alleged herein. Plaintiff will ask leave of court
15 to amend this Complaint to insert the true names and capacities when the same is ascertained and
17 14. ROE CORPORATIONS 1 through 100 are the unknown legal names for the subject
18 WYNN RESORTS and/or WYNN, their parent company(ies), subsidiary(ies), alter ego(s), and/or
20 15. WYNN, WYNN RESORTS, WYNN DIRECTORS, DOES 1 through 100, and
22 GENERAL ALLEGATIONS
23 16. Plaintiff incorporates by reference and realleges each and every allegation set forth
25 17. Upon information and belief, in or around 2005 Plaintiff was hired by WYNN
27 18. In or around 2011, WYNN began booking regular appointments for massages with
28 Plaintiff.
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1 19. The massages were routinely scheduled to take place in WYNN’s office at WYNN
2 RESORTS, with the door locked and guarded with security personnel and dogs.
3 20. While the first massage or two were “routine” from a physical standpoint, WYNN
4 began mentally and emotionally grooming Plaintiff for his true intentions; leveraging his immense
7 weaknesses he could exploit, such as her financial dependency on keeping her job. He discovered
8 that Plaintiff was going through a divorce and would soon be a single mother, and that her job at
9 WYNN RESORTS was necessary for her to provide for her children.
10 22. Once this information was discovered, WYNN began exposing himself to Plaintiff
12 23. After a few massage sessions with WYNN, Plaintiff was instructed by WYNN to
13 no longer use the towel to cover his penis or any other part of his body.
14 24. On occasion WYNN would shower in front of Plaintiff and expose himself to
15 Plaintiff.
16 25. During massages, WYNN would have his personal security stand guard outside the
17 office, and always had his dogs present, which he explained to Plaintiff would attack on command.
18 26. WYNN instructed Plaintiff to massage his penis, and Plaintiff reasonably believed
19 that she would be terminated and/or physically harmed if she failed to comply.
20 27. WYNN forced Plaintiff to perform sexual acts with her hand approximately a dozen
22 28. During the massages WYNN consistently made unwanted advances towards
23 Plaintiff, such as touching her legs and body, or placing his hands on or near Plaintiff’s vaginal
24 area.
25 29. WYNN relentlessly pursued sexual intercourse with Plaintiff, through innumerable
26 verbal propositions for sex and countless comments about Plaintiff’s physical appearance and his
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1 30. Plaintiff consistently objected to WYNN’s unwanted advances and physical contact.
3 32. WYNN instructed Plaintiff to never tell anyone what he demanded of her during his
4 massages.
5 33. WYNN demanded oral sex and vaginal sex from Plaintiff, but Plaintiff refused.
6 34. Plaintiff repeatedly told WYNN she did not want to perform any sexual acts on him
10 36. Plaintiff reasonably believed that other massage therapists were aware that she was
11 regularly booked by WYNN, and suspected that they were aware what WYNN was demanding of
12 her.
13 37. Plaintiff reasonably feared how she would be treated by other massage therapists
15 38. WYNN, through payment, intimidation, and/or duress, sought to prevent Plaintiff
17 39. WYNN DIRECTORS and WYNN RESORTS were aware of WYNN’s proclivities
18 of sexual assault and sexual harassment prior to WYNN’s assault of Plaintiff, chose to conceal such
20 40. In 2018, media reports surfaced, which included allegations from a number of
21 different women whose experiences with WYNN were similar to those of Plaintiff.
22 41. Plaintiff learned through subsequent media reports and court filings, which were
23 previously unavailable to Plaintiff, that WYNN DIRECTORS and WYNN RESORTS were aware
24 of WYNN’s predatory behaviors, and that WYNN DIRECTORS and WYNN RESORTS assisted,
25 encouraged, endorsed, acted in concert with, and/or otherwise adopted WYNN’s behavior as their
27 42. As a direct and proximate result of Defendants’ acts and/or omissions by and
28 through its agents, employees and/or contractors as set forth, Plaintiff has sustained special
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2 damages, general damages, economic damages and future damages in excess of $15,000.00 subject
3 to proof to trial.
4 43. Plaintiff has been required to obtain an attorney to pursue her legal rights and she is
7 (Assault)
8 44. Plaintiff incorporates by reference and realleges each and every allegation set forth
11 conduct.
14 47. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
15 because they knew, or reasonably should have known, that WYNN was a danger to female
16 employees, such as Plaintiff, and failed to take or order appropriate action to avoid the harm.
17 48. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
19 49. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
20 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
21 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
24 50. It has been necessary for Plaintiff to retain the services of an attorney to bring this
25 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
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1 SECOND CAUSE OF ACTION
2 (Battery)
3 51. Plaintiff incorporates by reference and realleges each and every allegation set forth
5 52. Defendant WYNN made an intentional, unlawful, and harmful contact with
6 Plaintiff.
7 53. As a direct and proximate result of these intentional, unlawful and harmful contacts,
9 54. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
10 because they knew, or reasonably should have known, that WYNN was a danger to female
11 employees, such as Plaintiff, and failed to take or order appropriate action to avoid the harm.
12 55. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
14 56. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
15 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
16 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
19 57. It has been necessary for Plaintiff to retain the services of an attorney to bring this
20 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
23 58. Plaintiff incorporates by reference and realleges each and every allegation set forth
25 59. Defendant WYNN’s conduct towards Plaintiff was extreme and outrageous with
26 either the intention, or the reckless disregard for causing emotional distress.
27 60. Plaintiff suffered severe emotional distress as the actual or proximate result of
28 WYNN’s conduct.
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1 61. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
2 because they knew, or reasonably should have known, that WYNN was a danger to female
3 employees, such as Plaintiff, and failed to take or order appropriate action to avoid the harm.
4 62. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
6 63. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
7 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
8 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
11 64. It has been necessary for Plaintiff to retain the services of an attorney to bring this
12 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
15 65. Plaintiff incorporates by reference and realleges each and every allegation set forth
21 70. It has been necessary for Plaintiff to retain the services of an attorney to bring this
22 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
24 (Breach of Contract)
25 71. Plaintiff incorporates by reference and realleges each and every allegation set forth
27 72. Plaintiff and Defendant entered into a valid and existing contract of employment.
4 76. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
5 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
6 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
9 77. It has been necessary for Plaintiff to retain the services of an attorney to bring this
10 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
13 78. Plaintiff incorporates by reference and realleges each and every allegation set forth
18 82. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
19 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
20 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
23 83. It has been necessary for Plaintiff to retain the services of an attorney to bring this
24 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
27 84. Plaintiff incorporates by reference and realleges each and every allegation set forth
3 87. Defendants breached that duty by performing in the manner described above, which
6 89. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
7 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
8 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
11 90. It has been necessary for Plaintiff to retain the services of an attorney to bring this
12 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
15 91. Plaintiff incorporates by reference and realleges each and every allegation set forth
17 92. Defendants knew that WYNN’s conduct constituted a breach of duty to Plaintiff.
20 95. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
21 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
22 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
25 96. It has been necessary for Plaintiff to retain the services of an attorney to bring this
26 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
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1 NINTH CAUSE OF ACTION
2 (Concert of Action)
3 97. Plaintiff incorporates by reference and realleges each and every allegation set forth
5 98. Defendants acted together to engage in conduct, which they knew or should have
8 100. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
9 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
10 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
13 101. It has been necessary for Plaintiff to retain the services of an attorney to bring this
14 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
16 (Civil Conspiracy)
17 102. Plaintiff incorporates by reference and realleges each and every allegation set forth
20 imprisonment, and/or other unlawful objectives described above, for the purposes of harming
21 Plaintiff.
23 105. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
24 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
25 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
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1 106. It has been necessary for Plaintiff to retain the services of an attorney to bring this
2 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
3 WHEREFORE, Plaintiff expressly reserving the right to amend this complaint at the time
4 of, or prior to trial, prays for judgment against the Defendants, and each of them, as follows:
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