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: ljs@skrlawyers.com
2 Christopher D. Kircher, Esq., Bar No. 11176
Email: cdk@skrlawyers.com
3 Jarrod L. Rickard, Esq., Bar No. 10203 CASE NO: A-20-821028-C
Email: jlr@skrlawyers.com Department 26
4
Katie Cannata, Esq., Bar No. 14848
5 klc@skrlawyers.com
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
SEMENZA KIRCHER RICKARD

12
10161 Park Run Drive, Suite 150

Telephone: (702) 835-6803

Las Vegas, Nevada 89145

WYNN LAS VEGAS, LLC d/b/a WYNN Case No.

13 LAS VEGAS, a Nevada limited liability Dept. No.
company,
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Plaintiff, COMPLAINT
15
16 v.
17 DOE individuals 1-20, inclusive,
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Defendants.
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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

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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
SEMENZA KIRCHER RICKARD

12 virtue of the laws of the State of Nevada.

10161 Park Run Drive, Suite 150

Telephone: (702) 835-6803

Las Vegas, Nevada 89145

13 2. The true names and capacities of the Defendants named herein as DOES 1 through

14 20, inclusive, are unknown to Wynn at this time and Wynn therefore sues said Defendants by such

15 fictitious names. Wynn is informed and believes, and therefore alleges, that each of the Defendants

16 designated herein as DOES are responsible in some manner for the events and happenings referred

17 to and caused damages proximately to Wynn as herein alleged, and Wynn will ask leave of this

18 Court to amend its Complaint to insert the true names and capacities of said DOES when the same

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.

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 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
SEMENZA KIRCHER RICKARD

12 unknown males and females were involved.

10161 Park Run Drive, Suite 150

Telephone: (702) 835-6803

Las Vegas, Nevada 89145

13 9. During this same time, another male began swinging a liquor bottle hitting several

14 persons. Two security officers were struck by unknown males. In the process, a veridoc machine,

15 plants and stanchions were damaged.

16 10. Multiple videos were obtained recording these events and posted to social media.

17 FIRST CAUSE OF ACTION

18 (Trespass)

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.

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 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.
SEMENZA KIRCHER RICKARD

12 21. Wynn has been forced to hire an attorney to prosecute this action and therefore
10161 Park Run Drive, Suite 150

Telephone: (702) 835-6803

Las Vegas, Nevada 89145

13 seeks recovery of its attorneys' fees and court costs.

14 THIRD CAUSE OF ACTION

15 (Concert of Action)

16 22. Wynn incorporates the allegations contained in paragraphs 1 to 21 as though fully

17 set forth herein.

18 23. As alleged herein, Defendants acted with one-another and together to commit a tort

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.

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 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,
SEMENZA KIRCHER RICKARD

12 exclusive of costs and interest.

10161 Park Run Drive, Suite 150

Telephone: (702) 835-6803

Las Vegas, Nevada 89145

13 31. Wynn has been forced to hire an attorney to prosecute this action and therefore

14 seeks recovery of its attorneys' fees and court costs.

15 FIFTH CAUSE OF ACTION

16 (Declaratory Relief)

17 32. Wynn incorporates the allegations contained in paragraphs 1 through 31 as though

18 fully set forth herein.

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. Wynn has been forced to hire an attorney to prosecute this action and therefore

27 seeks recovery of its attorneys' fees and court costs.

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 1 WHEREFORE, Wynn prays for judgment as follows:

2 A. For damages in an amount to be determined at trial, but in excess of $15,000.00;

3 B. For declaratory relief, as stated above;

4 C. Attorneys' fees and costs of suit;

5 D. Prejudgment and post-judgment interest on the amounts owed; and

6 E. Any further relief this Court deems proper.

7 DATED this 11th day of September, 2020.

8 SEMENZA KIRCHER RICKARD

9
/s/ Lawrence J. Semenza, III
10 Lawrence J. Semenza, III, Esq., Bar No. 7174
Christopher D. Kircher, Esq., Bar No. 11176
11 Jarrod L. Rickard, Esq., Bar No. 10203
Katie Cannata, Esq., Bar No. 14848
SEMENZA KIRCHER RICKARD

12
10161 Park Run Drive, Suite 150

10161 Park Run Drive, Suite 150

Telephone: (702) 835-6803
Las Vegas, Nevada 89145

13 Las Vegas, Nevada 89145

14 Attorneys for Plaintiff Wynn Las Vegas, LLC

d/b/a Wynn Las Vegas
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