Electronically Filed

1/15/2019 3:54 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
REMPFER MOTT LUNDY, PLLC
2 JOSEPH N. MOTT
Nevada Bar No. 12455
3
SCOTT E. LUNDY
4 Nevada Bar No. 14235
10091 Park Run Dr., Ste. #200
5 Las Vegas, NV 89145-8868
6 T: (702) 825-5303
F: (702) 825-4413
7 Joey@rmllegal.com
Scott@rmllegal.com
8
Attorneys for Plaintiff
9 JAIMEE LEE

10 DISTRICT COURT

11 CLARK COUNTY, NEVADA

12

13 JAIMEE LEE, an individual, Case No.: A-19-787612-C

14 Plaintiff, Dept. No.:Department 25

15 vs. COMPLAINT
16 DIET CENTER LLC dba HEART ATTACK EXEMPT FROM ARBITRATION
17
GRILL, a Delaware Limited Liability 1. NAR 3(A) – Declaratory Relief
Corporation, 2. NAR 3(A) – Value Exceeds $50,000.00
18
Defendant. [Jury Demand]
19

20

21 1. Declaratory Relief

22 2. Violations 42 U.S.C. § 2000e et. seq. and NRS § 613.330 – Sexual Harassment &

23 Hostile Work Environment

24 3. Retaliation in Violation of 42 U.S.C. § 2000e-3 and NRS § 613.340

25 Plaintiff JAIMEE LEE, through her counsel of record, Joseph N. Mott and Scott E. Lundy of

26 REMPFER MOTT LUNDY, PLLC, hereby Complains against Defendant DIET CENTER LLC dba HEART

27 ATTACK GRILL, as follows:

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Case Number: A-19-787612-C
 1 THE PARTIES, JURISDICTION, VENUE, AND INTRODUCTION

2 1. Plaintiff JAIMEE LEE (hereinafter referred to as “Plaintiff” or “Lee”) was at all

3 relevant times a resident of Las Vegas, Clark County, Nevada.

4 2. Defendant DIET CENTER LLC dba HEART ATTACK GRILL (hereinafter referred to as

5 “Defendant” or “Heart Attack Grill”) was and is a Delaware limited-liability corporation licensed

6 and doing business in Clark County, Nevada.

7 3. Heart Attack Grill was, at all relevant times, Lee’s employer, as that phrase is

8 defined under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., and NRS 613.310.

9 4. Upon information and belief, Heart Attack Grill is a restaurant operator and it

10 provides such service in Las Vegas, Nevada. Heart Attack Grill is an employer engaged in an

11 industry affecting commerce with fifteen (15) or more employees or members.

12 5. As an employer with more than fifteen (15) employees, Heart Attack Grill is

13 required to comply with all state and federal statutes and law prohibiting discrimination and

14 retaliation because of sex.

15 6. Lee filed her Charge of Discrimination with the United States Equal Employment

16 Opportunity Commission (“EEOC”) in a timely fashion.

17 7. Lee received a Right to Sue Letter less than ninety days prior to the filing of this

18 Complaint.

19 8. Lee has satisfied all administrative and jurisdictional conditions precedent to filing

20 this Complaint.

21 9. Lee’s Complaint states a controversy over which this Honorable Court has

22 jurisdiction and venue is properly in this Court as Heart Attack Grill is licensed and does extensive

23 business within Clark County, Nevada; Lee was a resident of Clark County, Nevada; the case arises

24 out of Lee’s employment at Heart Attack Grill in Clark County, Nevada; the complained-of

25 discrimination, hostile work environment, and retaliation occurred in Clark County, Nevada; the

26 loss, injuries, and damages that underlie this claim against Heart Attack Grill were incurred by

27 Lee while she was in Clark County, Nevada; all amounts owed to Lee are due and payable in Clark

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 1 County, Nevada; and Lee seeks an award in excess of $15,000.00.

2 FACTUAL ALLEGATIONS

3 10. Heart Attack Grill is a Delaware LLC, licensed and based out of Clark County,

4 Nevada.

5 11. Heart Attack Grill owns and operates a restaurant at 450 Fremont St., #130, in

6 downtown Las Vegas. Heart Attack Grill is a hospital themed restaurant whose website promotes

7 its, “unhealthy diet of incredibly large hamburgers.”

8 12. Heart Attack Grill requires its waitresses to dress as “nurses”. In this role,

9 waitresses are required to dress in scantily clad nurse uniforms. Photos and images of them are

10 plastered throughout the restaurant and on the company’s website.

11 13. The primary owner and operator of Heart Attack Grill is Jon Basso (“Basso”). Basso

12 served as Lee’s supervisor throughout her tenure at Heart Attack Grill.

13 14. Heart Attack Grill does not employ any Human Resource personnel. Instead, all

14 employment-related complaints and concerns are to be directed to Basso.

15 15. Lee’s employment at Heart Attack Grill began on or about October 13, 2011.

16 16. During Lee’s first few years at the company, Basso displayed a volatile temper

17 towards employees. At times he would heap praise upon them, and at other times he would

18 criticize them using overly harsh language. This pattern of unpredictable behavior continued

19 throughout Lee’s time at the company.

20 17. In 2015, Basso, a married man with kids, made the first of many inappropriate

21 romantic gestures towards Lee when he had dozens of roses delivered to Lee’s home on at least

22 4 separate occasions.

23 18. In or around May of 2016, while at work, Lee mentioned that she had been talking

24 to a guy with tattoos. Basso demanded that Lee come in the back of the restaurant with him,

25 where he yelled at her and told her how “disgusted” he was that would see someone with

26 tattoos. Basso told Lee, “no one will be with you after you’ve been with that disgusting piece of

27 shit.”

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 1 19. In or around October of 2016, Basso showed up at Lee’s home. He began crying

2 and told Lee that he loved her and would give up everything for her.

3 20. Lee was in shock and was unsure how to respond to her boss. She explained that

4 she appreciated all that he had done for her, but that she did not reciprocate his feelings and

5 that any continued showings of affection or sexual advances were unwanted.

6 21. Basso was upset by Lee’s rejection, and he angrily left her home. Lee became

7 concerned about her job.

8 22. Approximately one month later, Basso terminated Lee’s employment.

9 23. The termination was related to a background check Lee underwent as part of the

10 process of her becoming the key liquor license employee for the restaurant. When Lee delivered

11 the background check to Basso, he became enraged that portions of it were redacted. Lee was

12 told she was terminated and barred from the restaurant until she received an un-redacted

13 background check.

14 24. Lee reached out to local law enforcement and was told that the redactions were

15 routine and that her background check was complete and ready for submission.

16 25. Approximately one week later, Lee returned to work at Heart Attack Grill where

17 she learned Basso had falsely told her co-workers that she had falsified documents and that her

18 actions could result in the restaurant’s closure.

19 26. Lee submitted the background check as-is and was approved as the restaurant’s

20 key liquor license employee.

21 27. On May 1, 2017, Basso wrote an email to Lee wherein he again expressed his love

22 for Lee while acknowledging that she does not feel the same way about him. Basso wrote, “I want

23 to call you, but rather I am writing this so that you may use it against me someday, feel free to. I

24 love you. I have always loved you. I will always love you. I am NOT saying this in a Christian sense.

25 I AM saying this in a romantic sense. Genuine love. Really really genuine. I am well aware that

26 you do not love me in return, that’s okay. I live in the real world where one just doesn’t win every

27 time.”

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10091 Park Run Dr., Ste. #200
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 1 28. Shortly thereafter, Basso delivered a typed-out note to Lee where he once more

2 professed his love for her. Basso wrote, in part, “Each time I arrive, a hundred new paths appear,

3 all pointing to an even better answer…it’s your hair…your teeth…your breasts…or knowing that I

4 only feel whole with you.” Basso continued, “Pity me because mine is the most painful existence.

5 Living so close to the woman I want so badly, yet knowing that I can never have you for my own.

6 I struggle so desperately to breath each time you enter a room yet I can never pull you close,

7 never satisfy my desire for you. Even if I were a single man how could I hope that someone as

8 incredible as you would return my affections, for if that were so I would be wealthy beyond

9 belief.” Basso concluded by telling Lee that he would continue on, “all the while desiring one

10 thing…you.”

11 29. Between 2016 and Lee’s final termination in November of 2017, Basso made a

12 number of harassing and inappropriate comments to Lee. Some of these were made verbally in-

13 person, while others were sent via text message or through handwritten notes.

14 30. Basso sent Lee a number of harassing and inappropriate text messages. These

15 messages include, but are not limited to, the following:

16 A. Basso sent Lee a picture of a life-sized cardboard cut-out of Lee in a

17 dumpster where Basso had placed it, along with the message, “Where it

18 belongs.”

19 B. “I have never lied to a single person, not even my wife, about my personal

20 affections for you because I have never been ashamed of them, until now.”

21 This came after Basso berated Lee for serving a “runny” milkshake to a

22 customer.

23 C. “Let’s get to the ROOT of our real problem. Because I am totally open

24 about my feelings toward you, you have been granted de facto immunity

25 to commit any imaginable crime and I will ALWAYS support you. It’s part

26 of my bullshit Italian hero complex.” Basso continued, “I am the one

27 person who recognizes what an incredible perfect catch you are:

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 1 intelligence, beauty, everything that I would ever want in a woman, but

2 sadly everything I will also never be able to have because you could care

3 less about me. I get that, yet I am still willing to continue.”

4 D. After Lee brought up resigning due to Basso’s treatment of her, Basso

5 wrote, “I cannot bring myself to fire you, and I will NOT allow you to quit

6 because I am a jealous psychopath who believes that only I can best take

7 care of you. So get this resignation shit out of your head and help pull your

8 fair oar in our relationship.” Basso also wrote, “I HAVE to have you in my

9 life, and you know that, so you exploit me. You have ZERO reason to be

10 nervous about anything because you have absolute carte blanche over the

11 next 40 years of your life as I stoically grin and bear it, doing what is

12 necessary to support my employees, my family, and the woman I genuinely

13 love. What you should be nervous about is atoning for your sins on

14 judgment day.”

15 E. After Lee mentioned she was going to need time off to get injections in her

16 face, Basso responded, “Why don’t you just find someone who loves you

17 for the way you are? You are crazy to be injecting things into your face. In

18 the long run it’s going to make you look like:” Basso then sent Lee a link to

19 an article titled “17 Celebrity Before-and-After Plastic Surgery Disasters”.

20 Basso later acknowledged, “That was mean and hateful of me, it’s just that

21 you look so incredibly perfect right now I can’t STAND the thought of some

22 scumbag charging you money to inject dangerous poisons into your face.

23 NO ONE ever ended up better off as a result of artificial procedures, NO

24 ONE! Please, Jaimee leave that beautiful face alone, please damnit.”

25 F. The next day, Basso wrote, “I had wine induced nightmares all night long

26 last night about you. PLEASE do not get any more facial injections PLEASE

27 for fuck sake! I love you damn it.”

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 1 G. Later that day, Basso sent Lee a picture of her face and said, “Case in point.

2 This is perfection. It makes me so damn ANGRY when you want to mess

3 with perfection you cannot improve upon it so the odds are that you’re

4 going to fuck it all up! How could a woman of your intelligence to be (sic)

5 so fucking stupid.” Basso also wrote, “You will undoubtedly use this text to

6 prove that I am some type of insane up-and-down roller coaster, so go

7 right ahead. But the fact remains I need to tell you…..YOU DO A GREAT

8 FUCKING JOB AROUND HERE.”

9 H. Lee texted Basso about a family member who was ill and potentially close

10 to passing away. Basso responded, “New Life Rule # 527. Only fall in love

11 with chicks who have a healthy family kidney history.”

12 I. Basso sent Lee a nude picture of himself. In the picture, Basso is not

13 wearing any clothes, although he is turned away from the camera and is

14 covering his penis with his hands.

15 J. Lee texted Basso to let him know that she felt some of the photos he had

16 placed around the restaurant of her were unflattering and that she would

17 prefer if they were taken down. Basso responded, “You know DAMN well

18 that I would be in love with you REGARDLESS of your looks. It is a

19 documented FACT that I have often tried to bribe you to gain a significant

20 amount of weight. In any case, you placing any focus upon your physical

21 appearance is so darn silly as you already rank in the top 1% of all women.”

22 K. Basso wrote, “Jaimee, I am deeply in love with you, but I am more focused

23 on getting you a psychiatrist who can deal with all of these ‘issues’.” This

24 came after Basso falsely accused Lee of mis-reporting the restaurant’s cash

25 intake for the night.

26 L. Basso wrote, “You are the only sexually attractive nurse we have.”

27

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 1 31. Additionally, Basso delivered harassing and inappropriate handwritten notes to

2 Lee, sometimes in person and other times directly to her home. These handwritten notes include,

3 but are not limited to, the following:

4 A. In a card, Basso wrote, “Be assured that I will always take care of you,

5 always, but the pain of having to remain my proper distance. I just can’t

6 help my feelings for you. I love you damnit. Jon Basso.”

7 B. With a flower delivery, Basso wrote, “I can’t help it!” With another flower

8 delivery, Basso wrote, “You deserve this.”

9 C. On a napkin, Basso wrote, “It is so painful to be the person who loves you

10 to a depth that he cannot express because the right words and the right

11 actions aren’t known. It’s a torture that can’t be ran away from because

12 the thought of not seeing you makes me fear that you might not find what

13 it is that you deserve which is everything beautiful and wonderful that this

14 world can offer. I’ve known many women. Far more than necessary to

15 know that you are someone beyond. You’re the one I cannot leave

16 regardless of what happens to me.”

17 D. On a different napkin, Basso wrote, “The disguise is forced upon me

18 because the only agony which could be greater would be to betray those

19 who trust and depend upon me for their physical and emotional security.

20 TO avoid that hellfire I am relegated to suffer in front of you just as I always

21 have and forever will.”

22 E. In another note, Basso wrote, “half the reason I don’t stick my dick into

23 you is because I am married, the other half is because you’re the best damn

24 employee I’ve EVER had and I don’t want to fuck that up!”

25 F. In a card addressed to Lee’s dog, Basso wrote, “Maya, I have not

26 abandoned you. It’s complicated to understand, but I fell deeply in love

27 with your mommy. The problem is that I hate her more than I love her

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 1 because of the way that she treats the person that I love most, herself. Like

2 Columbus I discovered something that no one else ever knew, how

3 incredible she is. Unfortunately I am the only one who knows it, she does

4 not even know how wonderful she is. It’s unfortunate that you have to

5 suffer because of my psychological shortcomings but maybe you’ll

6 understand someday if a boy doggy breaks your heart. I am sorry that I

7 won’t be around to pet you anymore.”

8 32. These harassing and inappropriate texts and messages continued through the

9 date Lee was terminated.

10 33. Throughout her time at Heart Attack Grill, Lee made clear to Basso that his

11 harassing comments, behavior, flirting, and sexual remarks were unwanted and that any feelings

12 of personal affection were not reciprocated.

13 34. Due to Heart Attack Grill’s lack of an HR department, Lee had no one to complain

14 to other than Basso himself.

15 35. In his messages and letters, Basso repeatedly acknowledged that Lee had rejected

16 his overtures and that she did not have romantic feelings towards him. Nevertheless, Basso

17 persisted with his harassing conduct.

18 36. Over time, Basso began to resent Lee for her rejection of his repeated advances.

19 This resulted in him taking adverse employment actions against Lee, up to and including her

20 eventual termination in November of 2017.

21 37. On November 5, 2017, Basso texted Lee to inform her that she would not be

22 scheduled that week. He threatened that if she did show up to work, “your behavior will be

23 monitored and thoroughly documented at all times.”

24 38. Basso went on to threaten legal action if Lee spoke out about his abusive and

25 harassing behavior, writing, “As a further COURTESY, in case you are not thinking clearly, you are

26 under contractual obligation not to make any adverse public or private statements against the

27 company or myself. I remind you of this because in such case of any eyewitness coming forward

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 1 the company would have every intention of immediately pursuing you in court at an enormous

2 expense which YOU are contractually obligated to pay regardless of which party prevails.”

3 39. Within days, Basso began telling other Heart Attack Grill employees that Lee’s

4 employment had been terminated.

5 40. Lee eventually wrote to Basso, “You have sent me several messages expressing

6 your intent to find a way to eliminate me.” Lee expressed frustration that she was being forced

7 out after 6 years of excellent performance.

8 41. Lee was terminated from Heart Attack Grill effective on or about Monday,

9 November 13, 2017.

10 42. Following Lee’s termination, Basso sent another threatening text, “I caution you

11 not to give any person the ability to bear witness that you have made any slanderous allegations

12 (such as the false statement that you were fired) against myself, any employees, or the company.

13 If so much as one person comes forward in witness of any of your adverse actions, we have

14 legitimate grounds for our counsel to take aggressive civil action against you at a cost which could

15 easily hit six figures. You are contractual (sic) obligated to cover that cost which would cause

16 lifelong damage to your credit rating. In short my advice to you is to leave us alone.”

17 43. Despite Basso’s repeated threats, Lee now brings this lawsuit.

18 FIRST CLAIM FOR RELIEF

19 Declaratory Relief

20 44. Plaintiff incorporates by reference the balance of the Complaint as though set

21 forth fully in this claim for relief.

22 45. An actual controversy exists between Lee on the one hand and Heart Attack Grill

23 on the other hand, arising out of the events alleged herein.

24 46. Specifically, Lee contends Heart Attack Grill is liable to her for violations of Title

25 VII, NRS 613.330, and NRS 513.340.

26 47. Lee is informed and believes and thereupon alleges that Heart Attack Grill disputes

27 her contentions. Specifically, Heart Attack Grill and Basso have indicated that they believe two

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 1 releases of claims that Lee was forced to sign as a condition of employment serve to bar portions

2 of her claims against the company.

3 48. Lee did not receive any consideration in exchange for executing these releases.

4 Instead, the only consideration contemplated by the releases was Lee’s ongoing at-will

5 employment. This consideration was illusory as Lee was already employed by Heart Attack Grill

6 and the at-will nature of the employment meant she received no additional benefit above and

7 beyond what she already had. Therefore, the agreements are not binding as to Lee.

8 49. Lee seeks a declaration from this Court with respect to said controversies, and a

9 judicial determination of the rights and responsibilities of the parties and of all appropriate

10 remedies available to them.

11 SECOND CLAIM FOR RELIEF

12 Violations 42 U.S.C. § 2000e et. seq. and NRS § 613.330 – Sexual Harassment & Hostile Work

13 Environment

14 50. Plaintiff incorporates by reference the balance of the Complaint as though set

15 forth fully in this claim for relief.

16 51. 42 U.S.C. § 2000e-2(a)(1) states, “it shall be an unlawful employment practice for

17 an employer to fail or refuse to hire or discharge any individual, or otherwise to discriminate

18 against any individual with respect to [her] compensation, terms, conditions, or privileges of

19 employment, because of such individual’s…sex….” NRS § 613.330 contains a similar provision.

20 52. According to 29 C.F.R. § 1604.11(a)(3), illegal sexual harassment includes a “hostile

21 environment” in which unwelcome sexual conduct, “has the purpose or effect of unreasonably

22 interfering with an individual’s work performance or creating an intimidating, hostile, or

23 offensive working environment.”

24 53. In general, Lee suffered severe, pervasive, unwanted sexual harassment, as

25 described above in paragraphs 15 through 43, all of which are incorporated by this reference,

26 and form the specific factual bases for this claim.

27 54. Basso was Lee’s supervisor. As such, all of Basso’s conduct must be imputed to

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 1 Heart Attack Grill, i.e., Basso’s conduct described above in paragraphs 15 through 43 was in the

2 course and scope of Basso’s employment with Heart Attack Grill.

3 55. Additionally, Heart Attack Grill did not have proper policies, practices, and

4 procedures in place to address complaints of sexual harassment in the workplace. Instead, Lee’s

5 only recourse was to complain to Basso, the individual harassing Lee.

6 56. As described more fully above in paragraphs 15 through 43, Basso’s harassing

7 behavior included, but is not limited to, the following:

8 A. Sending inappropriate and harassing text messages to Lee;

9 B. Delivering inappropriate and harassing letters and handwritten notes to

10 Lee, both in-person and directly to her home;

11 C. Sending inappropriate e-mails to Lee from his work e-mail address;

12 D. Appearing at Lee’s home and professing his love for her and then becoming

13 upset when Lee informed him that she did not feel the same;

14 E. Threatening Lee’s job when she pushed back and resisted his harassing

15 comments and behavior; and

16 F. Retaliating against Lee by changing her hours, decreasing her pay, and

17 ultimately terminating her employment at Heart Attack Grill.

18 57. Defendant’s harassment would have detrimentally affected any reasonable

19 person, and it did detrimentally affect Lee because she felt a lack of self-esteem, self-worth,

20 depression, humiliation, fear for her job and security, anxiety, and among other things, general

21 emotional distress.

22 58. As a result of Defendant’s conduct, Lee was terminated from her employment

23 with the company and thus lost wages, benefits, future earnings, and other employment

24 opportunities.

25 59. Defendant’s conduct was carried on with willful and conscious disregard for Lee’s

26 rights. Defendant’s conduct constitutes malice, oppression, intentional misrepresentation,

27 deceit, concealment of material facts done with the intention, implied or in fact, to deprive Lee

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 1 of her legal rights. Defendant’s conduct was designed to oppress, injure, or constitutes malice,

2 oppression, or fraud within 42 U.S.C. 2000e et. seq., and NRS 42.005. Upon Defendant’s wrongful

3 conduct, as alleged herein, Lee is entitled to punitive or exemplary damages in an amount

4 appropriate to punish or deter Defendant from future similar acts, or to make an example of

5 Defendant to deter others from similar conduct.

6 60. As a further proximate result of Defendant’s acts, Lee was compelled to retain

7 legal counsel. Defendant is liable to Lee for attorney’s fees pursuant to 42 U.S.C. § 2000e-5 and

8 costs reasonably necessary and incurred by Lee, in a sum to be determined at trial.

9 61. The foregoing damages are in excess of $15,000.00, but are presently not fixed

10 and certain, and when the same are ascertained, Lee will move to amend her Complaint or to

11 conform the proof accordingly at the time of trial.

12 THIRD CLAIM FOR RELIEF

13 Retaliation in Violation of 42 U.S.C. § 2000e-3 and NRS § 613.340

14 62. Plaintiff incorporates by reference the balance of the Complaint as though set

15 forth fully in this claim for relief.

16 63. 42 U.S.C. § 2000e-3(a) makes it unlawful for an “employer to discriminate against

17 any of [its] employees…because [she] has opposed any practice made an unlawful employment

18 practice by this subchapter, or because he has made a charge, testified, assisted, or participated

19 in any manner in an investigation, proceeding, or hearing under this subchapter.” NRS § 613.340

20 contains a similar prohibition.

21 64. As discussed in detail above in paragraphs 15 through 43, which are fully

22 incorporated by this reference, Lee repeatedly and explicitly opposed and resisted Basso’s

23 sexually harassing behavior. Lee made clear to Basso that she did not reciprocate his feelings for

24 her and that his repeated harassment and inappropriate comments and messages were

25 unwanted.

26 65. Lee’s opposition and resistance constitute ‘protected activities’ for purposes of

27 state and federal law.

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 1 66. After Lee opposed and resisted Basso’s harassment, Defendant retaliated against

2 Lee by, among other things:

3 A. Reducing Lee’s hours;

4 B. Removing Lee from a tipped position and thus, lowering her total

5 compensation; and

6 C. Terminating Lee’s employment at Heart Attack Grill.

7 67. These adverse employment actions were made in retaliation for Lee’s opposition

8 and resistance to Basso’s harassment.

9 68. As a direct and proximate result of Defendant’s violation of 42 U.S.C. § 2000e et.

10 seq. and NRS §613.340 et. seq., Lee has suffered lost wages, lost benefits, lost future earnings,

11 lost employment opportunities, humiliation, embarrassment, loss of self-esteem, and other

12 general emotional distress.

13 69. Defendant’s conduct was carried on with willful and conscious disregard for Lee’s

14 rights. Defendant’s conduct constitutes malice, oppression, intentional misrepresentation,

15 deceit, concealment of material facts done with the intention, implied or in fact, to deprive Lee

16 of her legal rights. Defendant’s conduct was designed to oppress, injure, or constitutes malice,

17 oppression, or fraud within 42 U.S.C. 2000e et. seq., and NRS 42.005. Upon Defendant’s wrongful

18 conduct, as alleged herein, Lee is entitled to punitive or exemplary damages in an amount

19 appropriate to punish or deter Defendant from future similar acts, or to make an example of

20 Defendant to deter others from similar conduct.

21 70. As a further proximate result of Defendant’s acts, Lee was compelled to retain

22 legal counsel. Defendant is liable to Lee for attorney’s fees pursuant to 42 U.S.C. § 2000e-5 and

23 costs reasonably necessary and incurred by Lee, in a sum to be determined at trial.

24 71. The foregoing damages are in excess of $15,000.00, but are presently not fixed

25 and certain, and when the same are ascertained, Lee will move to amend her Complaint or to

26 conform the proof accordingly at the time of trial.

27

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 1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiffs pray for relief as follows:

3 1. For a declaration and Order setting forth the duties and rights of the parties,

4 particularly in light of the releases which Defendant asserts bars certain portions of Plaintiff’s

5 claims;

6 2. Damages including, but not limited to, damages for lost wages, pay, and

7 employment benefits lost by reason of Plaintiff’s termination; consequential and compensatory

8 damages that have foreseeably resulted from Defendant’s actions, including damages for

9 emotional distress and other consequential damages; plus, all interest as provided by law,

10 including prejudgment and statutory interest, in sums to be determined at trial, in excess of

11 $15,000.00;

12 3. Punitive and/or exemplary damages pursuant to 42 U.S.C. 2000e et. seq. and NRS

13 42.005 in an amount appropriate to punish and/or set an example of Defendant;

14 4. Attorneys’ fees reasonably incurred to enforce Lee’s rights within the law, in a sum

15 to be determined at the time of trial pursuant to applicable law;

16 5. For costs of suit incurred herein; and

17 6. Such other relief the Court deems just.

18 JURY DEMAND

19 Pursuant to the Seventh Amendment to the Constitution of the United States, as well as

20 Article 1, Section 3 of the Constitution of the State of Nevada, Plaintiff hereby demands a jury

21 trial for each of her claims for relief.

22 Dated: Tuesday, January 15, 2019. REMPFER MOTT LUNDY, PLLC

23
/s/ Joseph N. Mott
24
Joseph N. Mott
25 Nevada Bar No. 12455
Scott E. Lundy
26 Nevada Bar No. 14235
Attorneys for Plaintiff
27
JAIMEE LEE
28 Page 15 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com