H. v. Wynn Las Vegas, LLC

District Court, D. Nevada·Decided December 30, 2024·No. 2:24-cv-01041·Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 A.H., 4 Plaintiff, Case No.: 2:24-cv-01041-GMN-NJK 5 vs. ORDER GRANTING, IN PART, AND 6 WYNN LAS VEGAS, LLC, et al., DENYING, IN PART, MOTIONS TO 7 DISMISS Defendants. 8 9 Pending before the Court are three Motions to Dismiss (“MTDs”) filed by Defendants 10 Aria Resort & Casino, LLC, Aria Resort & Casino Holdings, LLC, CityCenter Land, LLC, Ace 11 A PropCo, LLC, (collectively “Aria”), MGM Resorts International, and New York New York 12 Hotel & Casino, LLC, (ECF No. 41), Wynn Las Vegas, LLC and its corporate affiliates,1 (ECF 13 No. 42), and Venetian Gaming Las Vegas,2 (ECF No. 43). Plaintiff filed Responses, (ECF 14 Nos. 46–47, 51), to which Defendants filed Replies, (ECF Nos. 52–53, 55). For the reasons 15 discussed below, the Court GRANTS, in part, and DENIES, in part, Defendants’ MTDs. 16

17 18 19 1 Wynn Las Vegas, LLC argues that “[e]ven assuming one or more claims survive against Wynn. . . all claims against the remaining Wynn affiliates—“Wynn Resorts, Limited,” “Wynn Resorts Holdings, LLC,” “Wynn Resorts Finance, LLC,” 20 “Wynn America Group, LLC,” and “Wynn Las Vegas Holdings, LLC”. . . must be dismissed.” (Wynn MTD 19:15–18, ECF No. 42). In Plaintiff’s Response to Wynn’s MTD she agreed to dismiss her claims against four of the Wynn Defendants: 21 Wynn Las Vegas Holdings, LLC; Wynn American Group, LLC; Wynn Resorts Finance, LLC; and Wynn Resorts Holding, LLC, without prejudice. Thus, those parties are DISMISSED without prejudice. But Plaintiff argues that Wynn Resorts, 22 Limited should remain a Defendant because “[i]t is plausible Wynn Resorts, Limited exercised sufficient day-to-day control over the adoption and implementation of corporate initiatives sufficient to establish its own liability for A.H.’s alleged damages, irrespective of any principal-agency relationship.” (Resp. to Wynn MTD 25:11–14, ECF No. 47). The Court 23 agrees with Plaintiff that Wynn Resorts, Limited should remain a Defendant at this stage of the proceedings. 2 Defendants Las Vegas Sands, LLC, Venetian Casino Resort, LLC, and Plaintiff stipulated to add Venetian Las Vegas 24 Gaming as a Defendant in place of Las Vegas Sands, LLC and Venetian Casino Resort, LLC. (See generally Order Adding Venetian Las Vegas Gaming, ECF No. 70). Defendant Venetian Las Vegas Gaming brought its Motion to Dismiss and 25 addressed Plaintiff’s causes of action on the assumption that changing these parties would occur before the Court decided the pending Motion. (Venetian MTD n.1, ECF No. 43). Thus, the party substitutions do not impact the Court’s analysis in the pending matter. 1 I. BACKGROUND 2 This action arises from Defendants’ alleged involvement with Plaintiff being sex 3 trafficked in their establishments from March to June 2014. (See generally First Am. Compl., 4 (“FAC”), Ex. A. to Removal Pet., ECF No. 1-1).3 Plaintiff moved to Las Vegas in Fall 2013 to 5 live with her father. (Id. ¶ 45). When she turned 18 years old, she decided to move to Ohio to 6 live with a friend. (Id. ¶ 46). In March 2014, Plaintiff purchased a bus ticket to Ohio where she 7 hoped to begin a new chapter of her life. (Id. ¶ 47). Plaintiff’s hopes, however, were halted on 8 March 9, 2014, as she waited at the bus stop. (Id. ¶ 49). On that day, two people, in a car, 9 pulled up to the bus stop. (Id. ¶ 49). One of those people would become Plaintiff’s trafficker 10 and the other would become a “recruiter and enforcer” of Plaintiff’s victimization. (Id. ¶ 49). 11 The trafficker coerced and forced Plaintiff into prostitution, and on the night of March 10, 12 2014, Plaintiff was trafficked for the first time. (Id. ¶¶ 50–51). 13 Plaintiff alleges that she was first sex trafficked at the Aria Resort and Casino. (Id. ¶ 52). 14 Inside the Aria, Plaintiff and her recruiter encountered two “Johns” who paid them for sex 15 inside a hotel room. (Id.). Plaintiff was trafficked approximately two to three times per week in 16 the beginning, but eventually was trafficked approximately every other day. (Id. ¶ 57). Plaintiff 17 was trafficked most consistently at the Aria, Wynn, Venetian, and New York New York. (Id. ¶ 18 59). Each time Plaintiff visited these establishments, she and her recruiter entered through the 19 front entrances, often in full view of security cameras, while her trafficker stalked her from 20 nearby. (Id. ¶ 60). Plaintiff alleges that the Aria, Wynn, Venetian, and New York New York

21 staff, employees, and security, routinely saw her and her recruiter arrive without luggage or 22 bags, loiter in common areas such as bars, interact with guests, depart with guests for their 23 room, and then leave together at the end of the night. (Id. ¶ 61). 24

25 3 Plaintiff filed the Amended Complaint, (ECF No. 1-1), in the Eighth Judicial District Court, Clark County, Nevada before this case was removed to Federal Court. The Court refers to this operative Complaint as the FAC. 1 In late March or early April 2014, Plaintiff’s trafficker physically abused her. (Id. ¶ 63). 2 The abuse increased in frequency, and by June 2014, Plaintiff’s trafficker beat her 3 approximately three to four times per day. (Id. ¶¶ 64–65). During this time, Plaintiff continued 4 to be trafficked, bruised, and beaten at Defendants’ properties. (Id. ¶ 66). One specific instance 5 of abuse occurred at the Venetian when a John physically and sexually abused Plaintiff inside a 6 Venetian hotel room. (Id. ¶¶ 67–69). Plaintiff screamed, ran from the room, and went 7 downstairs. (Id. ¶ 68). Plaintiff alleges that the Venetian employees took no action despite her 8 fleeing from abuse in plain view. (Id. ¶ 69). 9 Plaintiff was also trafficked at the Wynn. (Id. ¶ 71). During her trafficking at the Wynn, 10 Plaintiff had a fractured jaw, showed signs of physical abuse, and was in a malnourished state. 11 (Id. ¶ 72). While on the premises, Plaintiff contacted a Wynn cocktail waitress, who notified 12 Wynn security officers. (Id. ¶ 75). The security officers followed Plaintiff and her recruiter 13 until they exited the Wynn, but otherwise did nothing else to intervene or assist Plaintiff. (Id.). 14 Plaintiff continued to be trafficked at the Wynn following this incident. (Id. ¶ 76). 15 In May 2014, Plaintiff was visibly “out of it” while her and her recruiter walked around 16 New York New York. (Id. ¶ 81). While there, a New York New York security guard 17 approached Plaintiff, asked if she was okay, and offered her water. (Id. ¶ 81). Plaintiff did not 18 ask for help because her recruiter was present and on the phone with her trafficker. (Id.). The 19 security guard did not intervene or take steps to protect Plaintiff despite there being multiple 20 signs that she was being trafficked. (Id. ¶ 82).

21 Later in May, after Plaintiff was continually violently beaten and abused by her 22 trafficker, she entered the Aria again. (Id. ¶¶ 83–94). Plaintiff was severely malnourished, 23 displayed sings of physical abuse, and did not resemble her ID photo. (Id. ¶ 94). Plaintiff and 24 her recruiter were stopped by an Aria security officer as part of an undercover investigation and 25 were questioned in a back room. (Id. ¶¶ 95–97). The Aria security officer did not call the 1 police or otherwise assist Plaintiff. (Id. ¶ 98). Instead, the officer made Plaintiff and her 2 recruiter exit the establishment. (Id. ¶ 99). 3 In June 2014, Plaintiff escaped sex trafficking when her trafficker dropped her off near a 4 hospital so she could receive life-saving care. (Id. ¶ 107). On March 8, 2024, Plaintiff 5 commenced this action by filing suit in state court. (See State Ct. Docket. at 4, Ex. C. to 6 Removal Pet., ECF No. 1-3). Plaintiff asserts three claims against each Defendant: violation of 7 18 U.S.C. § 1595

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H. v. Wynn Las Vegas, LLC, (D. Nev. 2024).

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