1 COMP

JUSTIN L. WATKINS, ESQ.

2 Nevada Bar No. 9217
MATTHEW W. HOFFMANN, ESQ.
3 Nevada Bar No. 9061
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 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:

27 ...

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 1 PARTIES

2 1. At all times material herein, Plaintiff is an adult 36-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

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

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.

20 8. Defendant CLARK T. RANDT, JR. (“RANDT”) is a citizen of Utah and has served

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.

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

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

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

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

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

16 to join such Defendants in this action.

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

19 any entity within their individual or collective control.

20 15. WYNN, WYNN RESORTS, WYNN DIRECTORS, DOES 1 through 100, and

21 ROE CORPORATIONS 1 through 100 are collectively referred to herein as “Defendants”.

22 GENERAL ALLEGATIONS

23 16. Plaintiff incorporates by reference and realleges each and every allegation set forth

24 above as set forth herein.

25 17. Upon information and belief, in or around 2005 Plaintiff was hired by WYNN

26 RESORTS as a massage therapist.

27 18. In or around 2006, 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

5 power to coerce Plaintiff to perform sexual favors.

6 21. WYNN asked calculated questions of Plaintiff to ensure he discovered any

7 weaknesses he could exploit, such as her financial dependency on keeping her job.

8 22. Once this information was discovered, WYNN began exposing himself to Plaintiff

9 during the massages, often purposefully displacing the cover towel.

10 23. After a few massage sessions with WYNN, Plaintiff was instructed by WYNN to

11 no longer use the towel to cover his penis or any other part of his body.

12 24. WYNN instructed Plaintiff to massage his penis.

13 25. WYNN forced Plaintiff to perform sexual acts with her hand and demanded oral sex

14 from Plaintiff more than 50 times over the course of 2-3 years.

15 26. Plaintiff consistently objected to WYNN demands, but reasonably believed she

16 would be terminated and/or physically harmed if she failed to comply.

17 27. During the massages WYNN consistently made unwanted advances towards

18 Plaintiff, such as touching her legs and body, or placing his hands on or near Plaintiff’s vaginal

19 area.

20 28. WYNN relentlessly pursued vaginal intercourse with Plaintiff, through unwanted

21 verbal propositions.

22 29. Plaintiff consistently objected to WYNN’s unwanted advances and physical contact.

23 30. After the massages WYNN would “tip” Plaintiff $400.00.

24 31. WYNN instructed Plaintiff to never tell anyone what he demanded of her during his

25 massages.

26 32. Plaintiff feared going to work in apprehension of WYNN’s advances and demands.

27 ...

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 1 33. Plaintiff reasonably believed that other massage therapists were aware that she was

2 regularly booked by WYNN, and suspected that they were aware what WYNN was demanding of

3 her.

4 34. Plaintiff reasonably feared how she would be treated by other massage therapists

5 during her employment as a result of WYNN’s actions.

6 35. Plaintiff believes that she, in fact, has been treated differently by her co-workers as

7 a result of WYNN’s conduct, and such disparate treatment continues to this day.

8 36. Plaintiff continues to fear going to work in apprehension of the return of WYNN’s

9 unwanted advances and demands.

10 37. WYNN, through payment, intimidation, and/or duress, sought to prevent Plaintiff

11 from seeking administrative and/or legal remedies against him.

12 38. WYNN DIRECTORS and WYNN RESORTS were aware of WYNN’s proclivities

13 of sexual assault and sexual harassment prior to WYNN’s assault of Plaintiff, chose to conceal such

14 information, and failed to disclose the information to Plaintiff.

15 39. In 2018, media reports surfaced, which included allegations from a number of

16 different women whose experiences with WYNN were similar to those of Plaintiff.

17 40. Plaintiff learned through subsequent media reports and court filings, which were

18 previously unavailable to Plaintiff, that WYNN DIRECTORS and WYNN RESORTS were aware

19 of WYNN’s predatory behaviors, and that WYNN DIRECTORS and WYNN RESORTS assisted,

20 encouraged, endorsed, acted in concert with, and/or otherwise adopted WYNN’s behavior as their

21 own, and failed to prevent harm to Plaintiff.

22 41. As a direct and proximate result of Defendants’ acts and/or omissions by and

23 through its agents, employees and/or contractors as set forth, Plaintiff has sustained special

24 damages, general damages, economic damages and future damages in excess of $15,000.00 subject

25 to proof to trial.

26 42. Plaintiff has been required to obtain an attorney to pursue her legal rights and she is

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

28 ...
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 1 FIRST CAUSE OF ACTION

2 (Assault)

3 43. Plaintiff incorporates by reference and realleges each and every allegation set forth

4 above as fully set forth herein.

5 44. Defendant WYNN caused Plaintiff to feel apprehension of harmful or offensive

6 conduct.

7 45. As a direct and proximate cause of Plaintiff’s apprehension of harmful or offensive

8 contact to her body, she has suffered damages.

9 46. 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 47. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN

13 because they authorized, directed, or otherwise participated in the conduct.

14 48. 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

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

18 Thousand Dollars ($15,000.00).

19 49. 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.

21 SECOND CAUSE OF ACTION

22 (Battery)

23 50. Plaintiff incorporates by reference and realleges each and every allegation set forth

24 above as fully set forth herein.

25 51. Defendant WYNN made an intentional, unlawful, and harmful contact with

26 Plaintiff.

27 52. As a direct and proximate result of these intentional, unlawful and harmful contacts,

28 Plaintiff has suffered damages.

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 1 53. 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 54. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN

5 because they authorized, directed, or otherwise participated in the conduct.

6 55. 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

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

10 Thousand Dollars ($15,000.00).

11 56. 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.

13 THIRD CAUSE OF ACTION

14 (Intentional Infliction of Emotional Distress)

15 57. Plaintiff incorporates by reference and realleges each and every allegation set forth

16 above as fully set forth herein.

17 58. Defendant WYNN’s conduct towards Plaintiff was extreme and outrageous with

18 either the intention, or the reckless disregard for causing emotional distress.

19 59. Plaintiff suffered severe emotional distress as the actual or proximate result of

20 WYNN’s conduct.

21 60. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN

22 because they knew, or reasonably should have known, that WYNN was a danger to female

23 employees, such as Plaintiff, and failed to take or order appropriate action to avoid the harm.

24 61. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN

25 because they authorized, directed, or otherwise participated in the conduct.

26 62. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

27 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

28 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
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 1 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen

2 Thousand Dollars ($15,000.00).

3 63. It has been necessary for Plaintiff to retain the services of an attorney to bring this

4 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.

5 FOURTH CAUSE OF ACTION

6 (Negligent Infliction of Emotional Distress)

7 64. Plaintiff incorporates by reference and realleges each and every allegation set forth

8 above as fully set forth herein.

9 65. As set forth above, Defendants owed a duty of care to Plaintiff.

10 66. Defendants breached their respective duties of care.

11 67. Defendants’ breach caused injuries to Plaintiff.

12 68. As a result of Defendants’ actions, Plaintiff suffered serious emotional distress.

13 69. 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 FIFTH CAUSE OF ACTION

16 (Breach of Contract)

17 70. Plaintiff incorporates by reference and realleges each and every allegation set forth

18 above as fully set forth herein.

19 71. Plaintiff and Defendant entered into a valid and existing contract of employment.

20 72. Plaintiff performed all duties of her employment.

21 73. Defendants breached the contract by, among other things, failing to protect Plaintiff

22 from physical and emotional harm.

23 74. As a result of Defendants’ breach, Plaintiff suffered damages.

24 75. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

25 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

26 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be

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

28 Thousand Dollars ($15,000.00).

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 1 76. 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 SIXTH CAUSE OF ACTION

4 (Breach of Fiduciary Duty)

5 77. Plaintiff incorporates by reference and realleges each and every allegation set forth

6 above as fully set forth herein.

7 78. Defendants owed a fiduciary duty to Plaintiff.

8 79. Defendants breached that duty in the manner described above.

9 80. As a result of Defendants’ breach, Plaintiff suffered damages.

10 81. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

11 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

12 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be

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

14 Thousand Dollars ($15,000.00).

15 82. It has been necessary for Plaintiff to retain the services of an attorney to bring this

16 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.

17 SEVENTH CAUSE OF ACTION

18 (Tortious Breach of Implied Covenant of Good Faith and Fair Dealing)

19 83. Plaintiff incorporates by reference and realleges each and every allegation set forth

20 above as fully set forth herein.

21 84. Plaintiff and Defendants entered into a valid and existing contract of employment.

22 85. Defendants owed a duty of good faith to Plaintiff.

23 86. Defendants breached that duty by performing in the manner described above, which

24 was unfaithful to the purpose of the contract.

25 87. Plaintiff’s justified expectations were thus denied.

26 88. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

27 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

28 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
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 1 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen

2 Thousand Dollars ($15,000.00).

3 89. It has been necessary for Plaintiff to retain the services of an attorney to bring this

4 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.

5 EIGHTH CAUSE OF ACTION

6 (Aiding and Abetting – as to WYNN DIRECTORS and WYNN RESORTS)

7 90. Plaintiff incorporates by reference and realleges each and every allegation set forth

8 above as fully set forth herein.

9 91. Defendants knew that WYNN’s conduct constituted a breach of duty to Plaintiff.

10 92. Defendants substantially assisted or encouraged WYNN’s conduct.

11 93. As a result, Plaintiff sustained damages.

12 94. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

13 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

14 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be

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

16 Thousand Dollars ($15,000.00).

17 95. It has been necessary for Plaintiff to retain the services of an attorney to bring this

18 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.

19 NINTH CAUSE OF ACTION

20 (Concert of Action)

21 96. Plaintiff incorporates by reference and realleges each and every allegation set forth

22 above as fully set forth herein.

23 97. Defendants acted together to engage in conduct, which they knew or should have

24 known risked harm to Plaintiff.

25 98. Actual harm to Plaintiff resulted from Defendants’ actions.

26 99. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

27 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

28 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
- 10 -
 1 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen

2 Thousand Dollars ($15,000.00).

3 100. It has been necessary for Plaintiff to retain the services of an attorney to bring this

4 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.

5 TENTH CAUSE OF ACTION

6 (Civil Conspiracy)

7 101. Plaintiff incorporates by reference and realleges each and every allegation set forth

8 above as fully set forth herein.

9 102. Defendants, by acting in concert, intended to accomplish assault, battery, false

10 imprisonment, and/or other unlawful objectives described above, for the purposes of harming

11 Plaintiff.

12 103. Plaintiff suffered damage resulting from Defendants’ acts.

13 104. That at all times mentioned herein, Defendants, and each of them, acted with fraud,

14 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,

15 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be

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

17 Thousand Dollars ($15,000.00).

18 105. It has been necessary for Plaintiff to retain the services of an attorney to bring this

19 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.

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;

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 ...

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 1 5. For such other relief as this Court deems appropriate.

2 Dated this 1st day of March, 2018.

3 ATKINSON WATKINS & HOFFMANN, LLP

5 By: /s/ Matthew W. Hoffmann, Esq.

JUSTIN L. WATKINS, ESQ.
6 Nevada Bar No. 9217
MATTHEW W. HOFFMANN, ESQ.
7 Nevada Bar No. 9061
10789 W. Twain Ave., Suite 100
8 Las Vegas, NV 89135
Attorney for Plaintiff
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