Manicurist Lawsuit Against Steve Wynn Et Al

1 COMP
JUSTIN L. WATKINS, ESQ.

2 Nevada Bar No. 9217
MATTHEW W. HOFFMANN, ESQ.
ATKINSON WATKINS & HOFFMANN, LLP
4 10789 W. Twain Ave., Suite 100
Las Vegas, NV 89135
5 Telephone: 702-562-6000
Facsimile: 702-562-6066
6 Email: jwatkins@awhlawyers.com
Email: mhoffmann@awhlawyers.com
7 Attorneys for Plaintiff
9 DISTRICT COURT
10 CLARK COUNTY, NEVADA
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 Injunctive Relief Sought)
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; CLAUDE BARUK, an individual;
WYNN RESORTS, LIMITED, a Nevada
20 Corporation; DOES 1 through 100, inclusive;
and ROE CORPORATIONS 1 through 100,
21 inclusive,
22 Defendants.
23
24 COMES NOW, Plaintiff, JANE DOE (hereinafter “Doe” or “Plaintiff”), whose identity is
25 withheld due to privacy and concerns, by and through her counsel of record, JUSTIN L.
26 WATKINS, ESQ. and MATTHEW W. HOFFMANN, ESQ., of the law firm of ATKINSON
27 WATKINS & HOFFMANN, LLP, and for her Complaint on file herein alleges as follows:
28 ...
1 PARTIES
2 1. At all times material herein, Plaintiff is an adult female, and is and was a resident of
3 the State of Nevada, County of Clark, during the duration of her employment with WYNN
4 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
9 Clark, during the duration of Plaintiff’s employment.
10 3. Defendant JOHN J. HAGENBUCH (“HAGENBUCH”) is a citizen of Idaho and
11 has served as a director of WYNN RESORTS since December 2012.
12 4. Defendant DR. RAY R. IRANI (“IRANI”) is a citizen of California and has served
13 as a director of WYNN RESORTS since October 2007.
14 5. Defendant JAY L. JOHNSON (“JOHNSON”) is a citizen of Idaho and has served
15 as a director of WYNN RESORTS since August 2016.
16 6. Defendant ROBERT J. MILLER (“MILLER”) is a citizen of Nevada and has served
18 7. Defendant PATRICIA MULROY (“MULROY”) is a citizen of Nevada and has
19 served as a director of WYNN RESORTS since October 2015.
20 8. Defendant CLARK T. RANDT, JR. (“RANDT”) is a citizen of Utah and has served
22 9. Defendant ALVIN V. SHOEMAKER (“SHOEMAKER”) is a citizen of Idaho and
23 has served as a director of WYNN RESORTS since December 2002.
24 10. Defendant J. EDWARD VIRTUE (“VIRTUE”) is a citizen of Florida and has served
25 as a director of WYNN RESORTS since November 2012.
26 11. Defendant D. BOONE WAYSON (“WAYSON”) is a citizen of Maryland and has
27 served as a director of WYNN RESORTS since August 2013.
28 ...
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1 12. Defendant CLAUDE BARUK (“BARUK”) is a citizen of France, and a resident of
2 Nevada, and has served as the Managing Director of Claude Baruk Salons inside of the Wynn and
3 Encore Resorts in Las Vegas since 2013.
4 13. WYNN, HAGENBUCH, IRANI, JOHNSON, MILLER, MULROY, RANDT,
5 SHOEMAKER, VIRTUE and WAYSON are collectively referred to herein as “WYNN
6 DIRECTORS”.
7 14. The true names and capacities, whether individual, corporate, limited liability
8 company; partnership; or otherwise of Defendants DOES 1 through 100, inclusive, are unknown to
9 Plaintiff who therefore sues said Defendants by such fictitious names. On information and belief,
10 Plaintiff alleges that the Defendants, and each of them, designated herein as a DOES were
11 responsible in some manner for the injuries sustained by the Plaintiff during and/or after her
12 employment, concealed, aided, abetted, authorized, directed, and/or otherwise participated in
13 WYNN’s sexual harassment, assault, abuse, and/or breach of duties owed to Plaintiff, and/or
14 otherwise failed to take or order appropriate action to avoid harm to Plaintiff; and further that
15 certain, without limitation, employees employed and/or engaged by said Defendants; or other
16 patrons of said business; knew of or should have known of or caused a dangerous condition and are
17 therefore liable for all damages due to Plaintiff as alleged herein. Plaintiff will ask leave of court
18 to amend this Complaint to insert the true names and capacities when the same is ascertained and
19 to join such Defendants in this action.
20 15. ROE CORPORATIONS 1 through 100 are the unknown legal names for the subject
21 WYNN RESORTS and/or WYNN, their parent company(ies), subsidiary(ies), alter ego(s), and/or
22 any entity within their individual or collective control.
23 16. WYNN, WYNN RESORTS, WYNN DIRECTORS, BARUK, DOES 1 through
24 100, and ROE CORPORATIONS 1 through 100 are collectively referred to herein as “Defendants”.
25 GENERAL ALLEGATIONS
26 17. Plaintiff incorporates by reference and realleges each and every allegation set forth
27 above as set forth herein.
28 18. Plaintiff was hired by WYNN RESORTS as a manicurist.

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1 19. Beginning in 2015, Plaintiff began performing regular manicures for WYNN.
2 20. The manicures took place in WYNN’s office or at The Claude Baruk Salon (the
3 “Salon”) at WYNN RESORTS.
4 21. During manicures, WYNN would demand that Plaintiff’s sit close and intertwine
5 their legs so that Plaintiff’s knee was touching WYNN’s crotch.
6 22. During the manicure WYNN would rub Plaintiff’s arms or legs without invitation
7 or permission.
8 23. Plaintiff was offended by WYNN’s physical contact, which Plaintiff reasonably
9 believed was intended by WYNN to be intimate in nature.
10 24. Plaintiff did not consent to WYNN’s offensive contact in her actions or her words.
11 25. When Plaintiff objected or otherwise tried to retreat from the seating arrangement
12 demanded by WYNN, or from avoiding his touch, WYNN would become angry and agitated.
13 26. On several occasions when Plaintiff began to manicure WYNN’s hands, WYNN
14 would place the hand being manicured over his genitals, thereby making Plaintiff contact his
15 genitals through his pants.
16 27. If Plaintiff objected or otherwise tried to remove WYNN’s hand or her hand from
17 his genitals, WYNN would become angry or agitated.
18 28. Plaintiff reasonably feared that if she further objected she would be terminated or
19 otherwise harmed.
20 29. Plaintiff complained of WYNN’s conduct to her supervisor and upper management
21 at WYNN RESORTS and was told the conduct would be stopped
22 30. Plaintiff complained of WYNN’s conduct to BARUK but was ignored or casually
23 dismissed.
24 31. Plaintiff shared her story with many of her co-workers, who likewise shared with
25 Plaintiff similar stories of WYNN’s behavior during manicures and pedicures.
26 32. WYNN’s offensive and extreme conduct continued after her complaints, and those
27 of her co-workers, were made known to WYNN RESORTS.
28 ...
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1 33. WYNN RESORTS management indicated to Plaintiff that the complaints had been
2 taken to the highest levels in WYNN RESORTS, and that nothing would be done to change
3 WYNN’s behavior.
4 34. WYNN’s offensive and extreme conduct and BARUK, WYNN DIRECTORS, and
5 WYNN RESORTS’ failures to protect Plaintiff and her co-workers from WYNN’s offensive and
6 extreme conduct created an environment of intimidation, fear, ridicule, insult, abuse, and hostility
7 towards the salon workers, including Plaintiff.
8 35. When WYNN would call or visit the salon for an appointment, the salon workers
9 would try to avoid WYNN and his appointments, in order to avoid further offensive conduct by
10 WYNN.
11 36. Plaintiff feared going to work in apprehension of WYNN and his extreme and
12 outrageous conduct.
13 37. BARUK, WYNN DIRECTORS and WYNN RESORTS were, and are, aware of
14 WYNN’s proclivities of sexual assault and sexual harassment prior to WYNN’s assault of Plaintiff,
15 chose to conceal such information, and failed to disclose the information to Plaintiff.
16 38. BARUK, WYNN DIRECTORS and WYNN RESORTS were, and are, aware of
17 WYNN’s predatory behaviors, and BARUK, WYNN DIRECTORS, and WYNN RESORTS
18 assisted, encouraged, endorsed, acted in concert with, and/or otherwise adopted WYNN’s behavior
19 as their own, and failed to prevent harm to Plaintiff.
20 39. On or about January 27, 2018, the Wall Street Journal, after speaking with more
21 than 100 current and former employees of WYNN, recounted a decades-long pattern of sexual
22 misconduct by WYNN, which included allegations of misconduct from employees of the Salon
23 similar to those of Plaintiff.
24 40. On or about January 31, 2018, BARUCK, WYNN DIRECTORS, and WYNN
25 RESORTS, while present personally or through agents, attended a meeting at the Salon and allowed
26 WYNN to directly address all employees of the Salon.
27 41. In front of all employees and WYNN RESORTS executives, WYNN demanded that
28 anyone who had ever felt assaulted or abused to raise their hand.
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1 42. Understandably, no one raised their hands, including Plaintiff, out of fear of
2 retaliation.
3 43. On or about February 1, 2018, during a birthday celebration for one of the Salon
4 employees, WYNN appeared with audio/video personnel.
5 44. WYNN demanded that all employees record a video in which they stated that
6 WYNN had never assaulted them.
7 45. Plaintiff was never questioned individually by anyone from WYNN RESORTS or
8 by WYNN DIRECTORS prior to WYNN conducting the January 31, 2018 meeting or the
9 February 1, 2018 meeting.
10 46. Plaintiff continues to fear going to work because of BARUK, WYNN DIRECTORS,
11 and WYNN RESORTS were doing nothing to investigate the allegations reported in the media, and
12 clearly had no intention on limiting WYNN’s access to the Salon or protecting its workers.
13 47. WYNN continues to make appointments and receive manicures, pedicures, and
14 salon services in the Salon or in his on-site villa, with BARUK, WYNN DIRECTORS, and WYNN
15 RESORTS’ full knowledge and permission, despite media reports and court filings detailing
16 WYNN’s outrageous and offensive conduct.
17 48. As a direct and proximate result of Defendants’ acts and/or omissions by and
18 through its agents, employees and/or contractors as set forth, Plaintiff has sustained special
19 damages, general damages, economic damages and future damages in excess of $15,000.00 subject
20 to proof to trial.
21 49. Plaintiff has been required to obtain an attorney to pursue her legal rights and she is
22 entitled to reasonable attorneys’ fees and costs incurred therein.
23 FIRST CAUSE OF ACTION
24 (Assault)
26 above as fully set forth herein.
27 51. Defendant WYNN caused Plaintiff to feel apprehension of harmful or offensive
28 conduct.
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1 52. As a direct and proximate cause of Plaintiff’s apprehension of harmful or offensive
2 contact to her body, she has suffered damages.
3 53. BARUK, WYNN DIRECTORS, and WYNN RESORTS are liable for the actions
4 of WYNN because they knew, or reasonably should have known, that WYNN was a danger to
5 female employees, such as Plaintiff, and failed to take or order appropriate action to avoid the harm.
7 of WYNN because they authorized, directed, or otherwise participated in the conduct.
8 55. 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
11 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen
12 Thousand Dollars ($15,000.00).
13 56. 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.
15 SECOND CAUSE OF ACTION
16 (Battery)
19 58. Defendant WYNN made an intentional, unlawful, and harmful contact with
20 Plaintiff.
21 59. As a direct and proximate result of these intentional, unlawful and harmful contacts,
22 Plaintiff has suffered damages.
28 ...
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8 THIRD CAUSE OF ACTION
9 (Intentional Infliction of Emotional Distress)
12 65. Defendant WYNN’s conduct towards Plaintiff was extreme and outrageous with
13 either the intention or the reckless disregard for causing emotional distress.
14 66. Plaintiff suffered severe emotional distress as the actual or proximate result of
15 WYNN’s conduct.
28 ...
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1 FOURTH CAUSE OF ACTION
2 (Negligent Infliction of Emotional Distress)
5 72. As set forth above, Defendants owed a duty of care to Plaintiff.
6 73. Defendants breached their respective duties of care.
7 74. Defendants’ breach caused injuries to Plaintiff.
8 75. As a result of Defendants’ actions, Plaintiff suffered serious emotional distress.
11 FIFTH CAUSE OF ACTION
12 (Negligent Hiring – WYNN RESORTS and WYNN DIRECTORS)
15 78. Defendants owed a duty of care to Plaintiff.
16 79. Defendants breached that duty by electing and/or appointing WYNN as Chairman
17 of the Board and Chief Executive Officer of WYNN RESORTS, hiring CLAUDE BARUK as
18 Managing Director of the Salon, and by hiring employees that aided and abetted WYNN’s conduct,
19 even though they knew, or should have known, of WYNN’s dangerous propensities towards female
20 employees, such as Plaintiff.
21 80. Defendants’ breach was the legal cause of Plaintiff’s injuries.
22 81. Plaintiff suffered damages.
25 SIXTH CAUSE OF ACTION
26 (Breach of Contract)

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1 84. Plaintiff and Defendants entered into a valid and existing contract of employment.
2 85. Plaintiff performed all duties of her employment.
3 86. Defendants breached the contract by, among other things, failing to protect Plaintiff
4 from physical and emotional harm.
5 87. As a result of Defendants’ breach, Plaintiff suffered damages.
13 SEVENTH CAUSE OF ACTION
14 (Breach of Fiduciary Duty)
17 91. Defendants owed a fiduciary duty to Plaintiff.
18 92. Defendants breached that duty in the manner described above.
19 93. As a result of Defendants’ breach, Plaintiff suffered damages.
27 ...
28 ...
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1 EIGHTH CAUSE OF ACTION
2 (Tortious Breach of Implied Covenant of Good Faith and Fair Dealing)
5 97. Plaintiff and Defendants entered into a valid and existing contract of employment.
6 98. Defendants owed a duty of good faith to Plaintiff.
7 99. Defendants breached that duty by performing in the manner described above, which
8 was unfaithful to the purpose of the contract.
9 100. Plaintiff’s justified expectations were thus denied.
17 NINTH CAUSE OF ACTION
18 (Aiding and Abetting – CLAUDE BARUK, WYNN DIRECTORS and WYNN RESORTS)
21 104. Defendants knew that WYNN’s conduct constituted a breach of duty to Plaintiff.
22 105. Defendants substantially assisted or encouraged WYNN’s conduct.
23 106. As a result, Plaintiff sustained damages.

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3 TENTH CAUSE OF ACTION
4 (Concert of Action)
7 110. Defendants acted together to engage in conduct which they knew or should have
8 known risked harm to Plaintiff.
9 111. Actual harm to Plaintiff resulted from Defendants’ actions.
17 ELEVENTH CAUSE OF ACTION
18 (Civil Conspiracy)
21 115. Defendants, by acting in concert, intended to accomplish assault, battery, false
22 imprisonment, and/or other unlawful objectives described above, for the purposes of harming
23 Plaintiff.
24 116. Plaintiff suffered damage resulting from Defendants’ acts.
25 ...
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8 TWELFTH CAUSE OF ACTION
9 (Injunctive Relief)
12 120. Upon information and belief, Defendants intend to and will continue to allow
13 WYNN access to the Salon and its services, thereby endangering the health, safety, and welfare of
14 Plaintiff and other women working in the Salon.
15 121. Plaintiff has no plain, adequate, or speedy remedy at law.
16 122. Defendants’ acts and omissions will result in immediate and irreparable harm to
17 Plaintiff and other women working in the Salon, for which compensatory damages are inadequate.
20 WHEREFORE, Plaintiff expressly reserving the right to amend this Complaint at the time
21 of, or prior to trial, prays for judgment against the Defendants, and each of them, as follows:
22 1. General and special damages in a sum in excess of $15,000.00;
23 2. Punitive and exemplary damages in a sum in excess of $15,000.00;
24 3. For attorney’s fees and costs of suit incurred herein;
25 4. For pre-judgment and post-judgment interest at the statutory rate; and
26 ...
27 ...
28 ...
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1 5. For such other relief as this Court deems appropriate.
2 Dated this 6th day of March, 2018.
3 ATKINSON WATKINS & HOFFMANN, LLP
5 By: /s/ Justin L. Watkins, Esq.

JUSTIN L. WATKINS, ESQ.
MATTHEW W. HOFFMANN, ESQ.
10789 W. Twain Ave., Suite 100
8 Las Vegas, NV 89135
Attorney for Plaintiff
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Manicurist Lawsuit Against Steve Wynn Et Al

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1 COMP

JUSTIN L. WATKINS, ESQ.

10 CLARK COUNTY, NEVADA

9 Clark, during the duration of Plaintiff’s employment.

10 3. Defendant JOHN J. HAGENBUCH (“HAGENBUCH”) is a citizen of Idaho and

11 has served as a director of WYNN RESORTS since December 2012.

13 as a director of WYNN RESORTS since October 2007.

14 5. Defendant JAY L. JOHNSON (“JOHNSON”) is a citizen of Idaho and has served

15 as a director of WYNN RESORTS since August 2016.

16 6. Defendant ROBERT J. MILLER (“MILLER”) is a citizen of Nevada and has served

17 as a director of WYNN RESORTS since October 2002.

18 7. Defendant PATRICIA MULROY (“MULROY”) is a citizen of Nevada and has

19 served as a director of WYNN RESORTS since October 2015.

21 as a director of WYNN RESORTS since October 2015.

22 9. Defendant ALVIN V. SHOEMAKER (“SHOEMAKER”) is a citizen of Idaho and

23 has served as a director of WYNN RESORTS since December 2002.

25 as a director of WYNN RESORTS since November 2012.

26 11. Defendant D. BOONE WAYSON (“WAYSON”) is a citizen of Maryland and has

27 served as a director of WYNN RESORTS since August 2013.

3 Encore Resorts in Las Vegas since 2013.

4 13. WYNN, HAGENBUCH, IRANI, JOHNSON, MILLER, MULROY, RANDT,

5 SHOEMAKER, VIRTUE and WAYSON are collectively referred to herein as “WYNN

12 employment, concealed, aided, abetted, authorized, directed, and/or otherwise participated in

19 to join such Defendants in this action.

22 any entity within their individual or collective control.

23 16. WYNN, WYNN RESORTS, WYNN DIRECTORS, BARUK, DOES 1 through

27 above as set forth herein.

28 18. Plaintiff was hired by WYNN RESORTS as a manicurist.

3 “Salon”) at WYNN RESORTS.

5 their legs so that Plaintiff’s knee was touching WYNN’s crotch.

9 believed was intended by WYNN to be intimate in nature.

15 genitals through his pants.

17 his genitals, WYNN would become angry or agitated.

21 at WYNN RESORTS and was told the conduct would be stopped

25 Plaintiff similar stories of WYNN’s behavior during manicures and pedicures.

27 of her co-workers, were made known to WYNN RESORTS.

7 towards the salon workers, including Plaintiff.

19 as their own, and failed to prevent harm to Plaintiff.

23 similar to those of Plaintiff.

26 WYNN to directly address all employees of the Salon.

4 employees, WYNN appeared with audio/video personnel.

6 WYNN had never assaulted them.

9 February 1, 2018 meeting.

16 WYNN’s outrageous and offensive conduct.

22 entitled to reasonable attorneys’ fees and costs incurred therein.

23 FIRST CAUSE OF ACTION

26 above as fully set forth herein.

27 51. Defendant WYNN caused Plaintiff to feel apprehension of harmful or offensive

2 contact to her body, she has suffered damages.

7 of WYNN because they authorized, directed, or otherwise participated in the conduct.

11 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen

12 Thousand Dollars ($15,000.00).

15 SECOND CAUSE OF ACTION

18 above as fully set forth herein.

22 Plaintiff has suffered damages.

27 of WYNN because they authorized, directed, or otherwise participated in the conduct.

4 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen

5 Thousand Dollars ($15,000.00).

8 THIRD CAUSE OF ACTION

9 (Intentional Infliction of Emotional Distress)

11 above as fully set forth herein.

20 of WYNN because they authorized, directed, or otherwise participated in the conduct.

24 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen

25 Thousand Dollars ($15,000.00).