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Garcia v. Nevada Prop. 1, LLC

United States District Court, D. Nevada

January 6, 2015

AIDA KATIE GARCIA, Plaintiff(s),
v.
NEVADA PROPERTY 1, LLC d/b/a THE COSMOPOLITAN OF LAS VEGAS, et al., Defendant(s)

For Aida Katie Garcia, Plaintiff: Ross C Goodman, LEAD ATTORNEY, Goodman Law Group, Las Vegas, NV; T. Louis Palazzo, LEAD ATTORNEY, Palazzo Law Firm, Las Vegas, NV.

For Nevada Property 1, LLC, doing business as Cosmopolitan of Las Vegas, Defendant: Lisa A McClane, Jackson Lewis P.C., Las Vegas, NV.

ORDER

James C. Mahan, UNITED STATES DISTRICT JUDGE.

Presently before the court is defendant Nevada Property 1, LLC's (hereinafter " defendant") motion to dismiss. (Doc. # 9). Plaintiff Aida Katie Garcia (hereinafter " plaintiff") filed a response, (doc. # 11), and defendant filed a reply, (doc. # 13).

I. Background

Defendant Nevada Property operates the Cosmopolitan of Las Vegas. Beginning on December 1, 2010, plaintiff was employed by defendant Nevada Property as a dealer. On or about November 1, 2013, plaintiff's pit manager asked her to move from a blackjack table to a roulette table located in a different pit. (Doc. # 1).

When plaintiff approached the roulette table, she saw defendant Jose Samat (" Samat"), a casino patron. Samat had been playing at plaintiff's roulette table the night before. Samat ran to plaintiff and gave her a hug. As the evening progressed, Samat became more physically aggressive toward plaintiff. He grabbed her face, kissed her mouth, grabbed her buttocks, picked her up, and licked her on the neck and face. (Doc. # 1).

At one point when plaintiff was bent over her roulette table, Samat came up behind her and simulated a sexual act while grabbing her breasts. All of the described acts occurred in plain sight of management employees. (Doc. # 1).

Plaintiff repeatedly asked Samat to stop, but he refused. The casino managers ignored plaintiff when she asked for help. As a result, Samat's conduct continued for two hours until he ran out of money and was asked by management employees to leave. (Doc. # 1).

A male dealer had been assigned to the roulette table before plaintiff. Plaintiff later learned that Samat had treated this dealer similar manner. Plaintiff was informed that the male dealer had asked to be removed due to Samat's conduct. (Doc. # 1).

Management gave the dealer permission to change tables, and plaintiff was moved to the table at that time. Plaintiff also learned that management told security personnel not to interfere or attempt to stop Samat's aggressive acts toward plaintiff. (Doc. # 1).

On January 23, 2014, plaintiff filed a charge of discrimination with the United States Equal Employment Opportunity Commission (" EEOC"). (Doc. # 1). On July 17, 2014, plaintiff received a right to sue letter. (Doc. # 1).

On October 15, 2014, plaintiff filed the instant complaint alleging causes of action against defendant Nevada Property for sexual harassment; negligent/intentional infliction of emotional distress; respondeat superior and vicarious liability; and punitive damages. (Doc. # 1). Plaintiff also asserted claims against Samat for assault and battery; negligent/intentional infliction of emotional ...


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