Sun v. Mashantucket Pequot Gaming Enterprise

309 F.R.D. 157, 2015 U.S. Dist. LEXIS 101384, 2015 WL 4644582
CourtDistrict Court, D. Connecticut
DecidedAugust 3, 2015
DocketCivil Action No. 3:14-CV-01098 (JCH)
StatusPublished
Cited by4 cases

This text of 309 F.R.D. 157 (Sun v. Mashantucket Pequot Gaming Enterprise) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sun v. Mashantucket Pequot Gaming Enterprise, 309 F.R.D. 157, 2015 U.S. Dist. LEXIS 101384, 2015 WL 4644582 (D. Conn. 2015).

Opinion

RULING RE: PLAINTIFFS’ MOTION TO REOPEN (DOC. NO. 39)

JANET C. HALL, District Judge.

I. INTRODUCTION

Plaintiffs Cheung Yin Sun, Long Mei Fang, and Zong Yang Li (“Plaintiffs”) brought this action against the Mashantucket Pequot Gaming Enterprise, doing business as Foxwoods Resort Casino (“MPGE”); Anne Chen, Jeff DeClerck, Edward Gasser, George Henningsen, Frank Leone, Michael Santagata, and Chester Sieard (collectively referred to as the “Tribal defendants”); and Connecticut Department of Public Safety officer Michael Robinson (“Robinson”). See Amended Civil Complaint (Doc. No. 8) (“Am. Compl.”). The plaintiffs allege that MPGE and the Tribal defendants, acting in concert with Robinson, acted under color of state law to perpetrate a number of wrongs against them. See id. at 16. Specifically, the plaintiffs claim that MPGE, the Tribal defendants, and Robinson committed fraud by inviting the plaintiffs to the casino with the intent of refusing to honor the plaintiffs’ potential winnings, id. ¶ 23; converted money the plaintiffs deposited with MPGE, id. ¶ 24; falsely imprisoned the plaintiffs, id. ¶ 25; seized the plaintiffs’ winnings via false arrest and wrongful threat of criminal prosecution, id. ¶ 26; forced the plaintiffs to assent to a hearing that would result in a final, non-appealable decision regarding the ownership of the winnings, id. ¶ 27; denied the plaintiffs independent counsel at the hearing, thereby effecting a governmental taking without due process, id. ¶ 28; and denied the plaintiffs a [159]*159neutral decisionmaker at the hearing, thereby effecting a governmental taking without due process, id. ¶ 29.

On January 22, 2015, Robinson filed a Motion for Judgment on the Pleadings, with responses due by February 12, 2015. See Motion for Judgment on the Pleadings (Doc. No. 20) (“Mot. for J. on Pleadings”). On February 27, 2015, MPGE and the Tribal defendants jointly filed a Motion to Dismiss for Lack of Jurisdiction, with responses due by March 20, 2015. See Tribal Defendants’ Motion to Dismiss (Doc. No. 31) (“Mot. to Dismiss”). In response to the plaintiffs’ Motion to Continue, the court extended the deadline for the plaintiffs’ response to the Motion to Dismiss until April 30, 2015. See Motion to Continue Plaintiffs’ Response to Defendant’s [sic] Motion to Dismiss (Doc. No. 34) (“Mot. to Continue”)1; Order Granting Motion to Continue (Doc. No. 35); Order Resetting Deadlines (Doc. No. 36). The plaintiffs failed to respond to either the Motion for Judgment on the Pleadings or the Motion to Dismiss within the time ordered. Accordingly, on May 29, 2015, the court granted both Motions, entered judgment in favor of MPGE, the Tribal defendants, and Robinson, and dismissed the case. See Order Granting Motion to Dismiss for Lack of Jurisdiction and Motion for Judgment on the Pleadings (Doc. No. 37); Judgment (Doc. No. 38).

On June 3, 2015, the plaintiffs filed a Motion to Reopen. See Plaintiffs [sic] Motion to Reopen Suit (Doc. No. 39) (“Mot. to Reopen”). Along with the Motion to Reopen, the plaintiffs also filed a response to the Motion to Dismiss. See Plaintiffs [sic] Reply and Memorandum to Tribal Defendants’ Motion to Dismiss (Doc. No. 40) (“Pis.’ Reply”)2. Although in the Motion to Reopen the plaintiffs indicated that they were asking the court to consider the plaintiffs’ reply to both the Motion to Dismiss and the Motion for Judgment on the Pleadings, the reply memorandum submitted by the plaintiffs does not address the Motion for Judgments on the Pleadings or the arguments Robinson made in his memorandum in support of the Motion.

On June 4, 2015, the plaintiffs moved to dismiss MPGE as a defendant, and MPGE did not oppose. See Plaintiffs [sic] Motion to Dismiss the Mashantucket Pequot Gaming Enterprise, DBA Foxwoods Resorts Casino as a Defendant (Doc. No. 41). In the interim, MPGE and the Tribal defendants filed a Memorandum in Opposition to the Motion to Reopen. See Tribal Defendants’ Memorandum of Law in Opposition to Plaintiffs’ Motion to Reopen (Doc. No. 42) (“Opp’n to Mot. to Reopen”).

For the following reasons, the plaintiffs’ Motion to Reopen is denied.

II. FACTUAL BACKGROUND

This action arises out of events that allegedly occurred over a roughly week-long period in late December, 2011, when the plaintiffs visited the Foxwoods Resorts Casino. The three plaintiffs deposited $1,600,000 of shared money with MPGE in order to play a game called Mini-Baccarat. See Am. Compl. ¶ 11. The plaintiffs then went on to accrue approximately $1,148,000 in chips (in addition to the original $1,600,000 deposit) using a strategy colloquially known as “edge-sorting.” Id. When the plaintiffs first tried to redeem their chips for cash, MPGE notified [160]*160them that they could not do so immediately because it was a public holiday. Id. ¶ 12. After the plaintiffs waited for three days in them hotel rooms, MPGE staff and Robinson came to the plaintiffs’ hotel room, where Robinson informed the plaintiffs that MPGE had informed him that the plaintiffs had been cheating. Id. Robinson then asked the plaintiffs to return the $1,148,000 in chips. Robinson allegedly returned to the plaintiffs’ hotel room a few hours later and informed them that, although he did not believe they had been cheating, he could not force MPGE to pay the plaintiffs and they would need to make a formal complaint to MPGE or file a civil lawsuit. Id. Meanwhile, MPGE allegedly froze the $1,600,000 the plaintiffs had deposited with MPGE. Id. ¶ 15.

The plaintiffs and MPGE subsequently entered into a formal agreement whereby MPGE agreed to return the $1,600,000 the plaintiffs had deposited and the plaintiffs agreed to submit their claim regarding the $1,148,000 in chips to the Mashantucket Pequot Tribal Nation Gaming Commission (“MPTNGC”) Inspection Division. Id. The Agreement provided that the MPTNGC had the authority to render a final, non-appeal-able decision regarding the ownership of the $1,148,000 in chips. The Inspection Division concluded that the plaintiffs “violated rules and regulations governing gaming at MPGE and therefore are not entitled to the chips that were ‘won’ while wagering at the game of Mini Baccarat.” Id. Ex. A. After a de novo Appeal Hearing before the full MPTNGC, the decision not to award the plaintiffs the winnings was affirmed. Id. Ex. B.

III. LEGAL STANDARD

The plaintiffs seek to reopen the ease pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.3 “Motions under Rule 60(b) are addressed to the sound discretion of the district court and are generally granted only upon a showing of exceptional circumstances.” Xiu Feng Li v. Hock, 371 Fed.Appx. 171, 175 (2d Cir.2010) (internal quotation marks omitted). “In order to grant Rule 60(b) relief, the [c]ourt must find that (1) the circumstances of the ease present grounds justifying relief and (2) the movant possesses a meritorious claim in the first instance.” Jolin v. Casto, 238 F.R.D. 48, 50 (D.Conn.2006) (internal quotation marks omitted). Because “strong public policy favors resolving disputes on the merits ...

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Bluebook (online)
309 F.R.D. 157, 2015 U.S. Dist. LEXIS 101384, 2015 WL 4644582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sun-v-mashantucket-pequot-gaming-enterprise-ctd-2015.