Wynn Lawsuit - Massage Therapist

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 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 ...
28 ...
1 PARTIES
2 1. At all times material herein, Plaintiff is an adult 49-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
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 ...
-2-
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 2011, WYNN began booking regular appointments for massages with
28 Plaintiff.
-3-
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. He discovered
8 that Plaintiff was going through a divorce and would soon be a single mother, and that her job at
9 WYNN RESORTS was necessary for her to provide for her children.
10 22. Once this information was discovered, WYNN began exposing himself to Plaintiff
11 during the massages, often purposefully displacing the cover towel.
12 23. After a few massage sessions with WYNN, Plaintiff was instructed by WYNN to
13 no longer use the towel to cover his penis or any other part of his body.
14 24. On occasion WYNN would shower in front of Plaintiff and expose himself to
15 Plaintiff.
16 25. During massages, WYNN would have his personal security stand guard outside the
17 office, and always had his dogs present, which he explained to Plaintiff would attack on command.
18 26. WYNN instructed Plaintiff to massage his penis, and Plaintiff reasonably believed
19 that she would be terminated and/or physically harmed if she failed to comply.
20 27. WYNN forced Plaintiff to perform sexual acts with her hand approximately a dozen
21 times over the course of a year.
22 28. During the massages WYNN consistently made unwanted advances towards
23 Plaintiff, such as touching her legs and body, or placing his hands on or near Plaintiff’s vaginal
24 area.
25 29. WYNN relentlessly pursued sexual intercourse with Plaintiff, through innumerable
26 verbal propositions for sex and countless comments about Plaintiff’s physical appearance and his
27 desire for sex.
28 ...
-4-
1 30. Plaintiff consistently objected to WYNN’s unwanted advances and physical contact.
2 31. After the massages WYNN would “tip” Plaintiff $1,000.00.
3 32. WYNN instructed Plaintiff to never tell anyone what he demanded of her during his
4 massages.
5 33. WYNN demanded oral sex and vaginal sex from Plaintiff, but Plaintiff refused.
6 34. Plaintiff repeatedly told WYNN she did not want to perform any sexual acts on him
7 or to see him nude.
8 35. Throughout her employment, Plaintiff feared going to work in apprehension of
9 WYNN’s advances and demands.
10 36. Plaintiff reasonably believed that other massage therapists were aware that she was
11 regularly booked by WYNN, and suspected that they were aware what WYNN was demanding of
12 her.
13 37. Plaintiff reasonably feared how she would be treated by other massage therapists
14 during her employment as a result of WYNN’s actions.
15 38. WYNN, through payment, intimidation, and/or duress, sought to prevent Plaintiff
16 from seeking administrative and/or legal remedies against him.
17 39. WYNN DIRECTORS and WYNN RESORTS were aware of WYNN’s proclivities
18 of sexual assault and sexual harassment prior to WYNN’s assault of Plaintiff, chose to conceal such
19 information, and failed to disclose the information to Plaintiff.
20 40. In 2018, media reports surfaced, which included allegations from a number of
21 different women whose experiences with WYNN were similar to those of Plaintiff.
22 41. Plaintiff learned through subsequent media reports and court filings, which were
23 previously unavailable to Plaintiff, that WYNN DIRECTORS and WYNN RESORTS were aware
24 of WYNN’s predatory behaviors, and that WYNN DIRECTORS and WYNN RESORTS assisted,
25 encouraged, endorsed, acted in concert with, and/or otherwise adopted WYNN’s behavior as their
26 own, and failed to prevent harm to Plaintiff.
27 42. As a direct and proximate result of Defendants’ acts and/or omissions by and
28 through its agents, employees and/or contractors as set forth, Plaintiff has sustained special
-5-
1
2 damages, general damages, economic damages and future damages in excess of $15,000.00 subject
3 to proof to trial.
4 43. Plaintiff has been required to obtain an attorney to pursue her legal rights and she is
5 entitled to reasonable attorneys’ fees and costs incurred therein.
6 FIRST CAUSE OF ACTION
7 (Assault)
9 above as fully set forth herein.
10 45. Defendant WYNN caused Plaintiff to feel apprehension of harmful or offensive
11 conduct.
12 46. As a direct and proximate cause of Plaintiff’s apprehension of harmful or offensive
13 contact to her body, she has suffered damages.
14 47. WYNN DIRECTORS and WYNN RESORTS are liable for the actions of WYNN
15 because they knew, or reasonably should have known, that WYNN was a danger to female
16 employees, such as Plaintiff, and failed to take or order appropriate action to avoid the harm.
18 because they authorized, directed, or otherwise participated in the conduct.
19 49. That at all times mentioned herein, Defendants, and each of them, acted with fraud,
20 oppression, and/or malice toward Plaintiff, exhibited an intention and willingness to injure Plaintiff,
21 and/or conscious disregard for the rights and safety of Plaintiff, and each Defendant should be
22 punished by imposition of punitive or exemplary damages in an amount in excess of Fifteen
23 Thousand Dollars ($15,000.00).
24 50. It has been necessary for Plaintiff to retain the services of an attorney to bring this
25 action, and Plaintiff is entitled to recover all attorneys’ fees and costs incurred herein.
26 ...
27 ...
28 ...
-6-
1 SECOND CAUSE OF ACTION
2 (Battery)
5 52. Defendant WYNN made an intentional, unlawful, and harmful contact with
6 Plaintiff.
7 53. As a direct and proximate result of these intentional, unlawful and harmful contacts,
8 Plaintiff has suffered damages.
21 THIRD CAUSE OF ACTION
22 (Intentional Infliction of Emotional Distress)
25 59. Defendant WYNN’s conduct towards Plaintiff was extreme and outrageous with
26 either the intention, or the reckless disregard for causing emotional distress.
27 60. Plaintiff suffered severe emotional distress as the actual or proximate result of
28 WYNN’s conduct.
-7-
13 FOURTH CAUSE OF ACTION
14 (Negligent Infliction of Emotional Distress)
17 66. As set forth above, Defendants owed a duty of care to Plaintiff.
18 67. Defendants breached their respective duties of care.
19 68. Defendants’ breach caused injuries to Plaintiff.
20 69. As a result of Defendants’ actions, Plaintiff suffered serious emotional distress.
23 FIFTH CAUSE OF ACTION
24 (Breach of Contract)
27 72. Plaintiff and Defendant entered into a valid and existing contract of employment.
28 73. Plaintiff performed all duties of her employment.

-8-
1 74. Defendants breached the contract by, among other things, failing to protect Plaintiff
2 from physical and emotional harm.
3 75. As a result of Defendants’ breach, Plaintiff suffered damages.
11 SIXTH CAUSE OF ACTION
12 (Breach of Fiduciary Duty)
15 79. Defendants owed a fiduciary duty to Plaintiff.
16 80. Defendants breached that duty in the manner described above.
17 81. As a result of Defendants’ breach, Plaintiff suffered damages.
25 SEVENTH CAUSE OF ACTION
26 (Tortious Breach of Implied Covenant of Good Faith and Fair Dealing)

-9-
1 85. Plaintiff and Defendants entered into a valid and existing contract of employment.
2 86. Defendants owed a duty of good faith to Plaintiff.
3 87. Defendants breached that duty by performing in the manner described above, which
4 was unfaithful to the purpose of the contract.
5 88. Plaintiff’s justified expectations were thus denied.
13 EIGHTH CAUSE OF ACTION
14 (Aiding and Abetting – as to WYNN DIRECTORS and WYNN RESORTS)
17 92. Defendants knew that WYNN’s conduct constituted a breach of duty to Plaintiff.
18 93. Defendants substantially assisted or encouraged WYNN’s conduct.
19 94. As a result, Plaintiff sustained damages.
27 ...
28 ...
- 10 -
1 NINTH CAUSE OF ACTION
2 (Concert of Action)
5 98. Defendants acted together to engage in conduct, which they knew or should have
6 known risked harm to Plaintiff.
7 99. Actual harm to Plaintiff resulted from Defendants’ actions.
15 TENTH CAUSE OF ACTION
16 (Civil Conspiracy)
19 103. Defendants, by acting in concert, intended to accomplish assault, battery, false
20 imprisonment, and/or other unlawful objectives described above, for the purposes of harming
21 Plaintiff.
22 104. Plaintiff suffered damage resulting from Defendants’ acts.
28 ...
- 11 -
3 WHEREFORE, Plaintiff expressly reserving the right to amend this complaint at the time
4 of, or prior to trial, prays for judgment against the Defendants, and each of them, as follows:
5 1. General and special damages in a sum in excess of $15,000.00;
6 2. Punitive and exemplary damages in a sum in excess of $15,000;
7 3. For attorney’s fees and costs of suit incurred herein;
8 4. For pre-judgment and post-judgment interest at the statutory rate; and
9 5. For such other relief as this Court deems appropriate.
10 Dated this 28th day of February, 2018.
11 ATKINSON WATKINS & HOFFMANN, LLP
12
13 By: /s/ Justin L. Watkins, Esq.

JUSTIN L. WATKINS, ESQ.
MATTHEW W. HOFFMANN, ESQ.
10789 W. Twain Ave., Suite 100
16 Las Vegas, NV 89135
Attorney for Plaintiff
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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.

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

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

16 to join such Defendants in this action.

19 any entity within their individual or collective control.

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

24 above as set forth herein.

26 RESORTS as a massage therapist.

5 power to coerce Plaintiff to perform sexual favors.

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

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

21 times over the course of a year.

27 desire for sex.

2 31. After the massages WYNN would “tip” Plaintiff $1,000.00.

7 or to see him nude.

8 35. Throughout her employment, Plaintiff feared going to work in apprehension of

9 WYNN’s advances and demands.

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

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

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

26 own, and failed to prevent harm to Plaintiff.

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

6 FIRST CAUSE OF ACTION

9 above as fully set forth herein.

10 45. Defendant WYNN caused Plaintiff to feel apprehension of harmful or offensive

12 46. As a direct and proximate cause of Plaintiff’s apprehension of harmful or offensive

13 contact to her body, she has suffered damages.

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

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

23 Thousand Dollars ($15,000.00).

4 above as fully set forth herein.

8 Plaintiff has suffered damages.

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

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

18 Thousand Dollars ($15,000.00).

21 THIRD CAUSE OF ACTION

22 (Intentional Infliction of Emotional Distress)

24 above as fully set forth herein.

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

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

10 Thousand Dollars ($15,000.00).

13 FOURTH CAUSE OF ACTION

14 (Negligent Infliction of Emotional Distress)

16 above as fully set forth herein.

17 66. As set forth above, Defendants owed a duty of care to Plaintiff.

18 67. Defendants breached their respective duties of care.