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1 ||comp FILED
LARRY C. JOHNS, ESO.
2 | Nevada Bar No. 1895
3017 W. Charleston Bivd., #30 708 JUL 24 Pw Ty
3 ||Las Vegas, Nevada 89102
Tele: (702) 387-5003
Fax: (702) 387-5018
5 |] Attorney for Plaintiff
7 DISTRICT COURT
8 CLARK COUNTY, NEVADA
1 oases uncer, LOR GIRS C
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Plaintiff,
ti NO.
DEPT. NO.
my vs.
13 ||¢. P. FOOD & BEVERAGE, INC., a Nevada
corporation, d/b/a/ Club Paradise;
14 || AMERICAN EXPRESS COMPANY,
a Delaware corporation, ARBITRATION EXEMPT.
1s (DECLARATORY RELIEF)
16 Defendants.
17 ———————_————————_J
18 COMPLAINT FOR DECLARATORY RELI
ry PLAINTIFF, for its cause of action against Defendants, alleges as follows:
a GENERAL ALLEGATIONS
a4 1, Plaintiff, JAMES HACKETT, is and was at all times relevant a resident of
22 || Andover, Massachusetts.
23 2. Defendant C. P. FOOD & REVERAGE, INC., is a Nevada corporation, which
24 ll owns and operates a business known as Club Paradise, located at 4416 Paradise Road,
25 Il Las Vegas, Nevada.
42 o oJ 3. Defendant American Express is a Delaware corporation, which dues
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AS & ‘business in Nevada. fare
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4. On or about Saturday October 11, 2008, at around 7:40 P.M. Plaintiff
arrived at Las Vegas, Nevada on United flight #1597; and was transported by cab and
checked into his reserved room at the Las Vegas Hilton Hotel.
5. Upon entering his room he noted that the television was not working and
‘went to desk to report the non-working television because he wanted to watch the end of
the Boston Red Sox game. He was directed to a bar near the lobby area to watch the
game.
6. While watching the game at the bar over a period of time. an African-
American about 40 years of age sitting near him stated “you dropped this” and handed
Plaintiff his wallet, Plaintiff noticed that his American Express Card and Driver’s license
had been swapped from their usual positions, but wasn’t concerned since the wallet was
returned and he did not notice anything missing.
7. Plaintiff remained at the bar for 1 tol hours, watched the game go into
extra innings and the post-game interviews, had some vodka martinis, and recalls talking
to a couple from Phoenix who were Red Sox fans.
8. After leaving the bar, Plaintiff recalls that he walked toward the lobby
intending to return to his room, but became light headed and slightly dizzy, sat on a
bench somewhere in the lobby area and recalls someone pulling his right arm and hand,
and then seemed to “black out” having no recollection of anything else until he awoke late|
ithe next morning in his room.
9. When Plaintiff awoke, he was groggy and disoriented and cancerned about
his loss of memory of the events the preceding night: He called his wife in Andover and
told her what he could recall about the prior evening and the incident regarding his
wallet and the American By“
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10. Plaintiff's wife stated that she would call American Express and Chase (the
ding any charges that may
have been made on those cards that night; she contacted American Express and Chase
and was advised that there was no activity reported on either card as of October 12,
2009.
11. Plaintiff came to Las Vegas to attend the Direct Marketing Association trade
show and attended activities beginning at 3:00 P.M. on October 12, 2008.
12. After the afternoon session ended, Plaintiff returned to the Hilton, stopped
at the desk and asked to speak with someone from security: a security man named
Dennis Dermer came over and Plaintiff explained the situation the prior night and
inquired whether the hotel had any video cameras in the bar or lobby areas that would
shaw the incident involving his wallet and his activities. Mr. Dermer advised he would
check surveillance. Plaintiff made a request that Hilton preserve any tapes for the period
involved.
49, Plaintiff attended trade show aviiviiies aud returned to Andover,
Massachusctts late on October 14, 2008.
14. On October 12, 13, and 14, 2008, Plainuft’s wife reviewed credit card
activities on-line and no charges were reflected for the night of October 11-12; on October
15, 2008, Plaintifi and his wife reviewed on-line charges at which time charges of
$30,000.00 were reported on the American Express account at CP Food & Beverage in
the morning hours of October 12, 2008.
15. _ Plaintiff contacted AMEX immediately, contesting the charges, and was
advised not to worry about it as the charges would be removed and deducted.
16. On October 23, 2008, Laurie from AMEX contacted Plaintiff advising that
she had been informed by someone from CP Food and Beverage, that Plaintiff had gonc to|