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Magdaluyo v. MGM Grand Hotel, LLC

United States District Court, D. Nevada

February 24, 2017

DANTE B. MAGDALUYO, JR., Plaintiff,
v.
MGM GRAND HOTEL, LLC, Defendant.

          ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 121) ORDER DENYING PLAINTIFF'S APPEAL OF ORDER ON MOTION TO COMPEL (ECF NO. 127) ORDER GRANTING DEFENDANT'S MOTIONS TO STRIKE (ECF NOS. 145, 147, 155)

          ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

         Plaintiff Dante Magdaluyo's Second Amended Complaint alleges that defendant MGM Grand Hotel, LLC (MGM) has directed its employees to engage in an extended campaign of harassment against him. Magdaluyo brings claims for discrimination and retaliation under Title VII, invasion of privacy, defamation, workplace violence, and intentional infliction of emotional distress (IIED).

         MGM moves for summary judgment on the bases that Magdaluyo's evidence is untrustworthy and entirely uncorroborated by other evidence in the record. MGM also makes specific arguments on each claim as to how Magdaluyo fails to meet a required element or offer alleged conduct that falls within the applicable statutes of limitations.

         I grant MGM's motion for summary judgment on the Title VII, defamation, workplace violence, and IIED claims. For these claims, even viewing the evidence in the light most favorable to Magdaluyo, he fails to state a claim. I deny MGM's motion for summary judgment as to the claim for invasion of privacy because I cannot determine as a matter of law that MGM did not allow or encourage employees to search Magdaluyo's backpack or that such searches would not be highly offensive to a reasonable person.

         I deny Magdaluyo's appeal (ECF No. 127) of Magistrate Judge Foley's order on Magdaluyo's motion to compel (ECF No. 125). I agree with the judge that Magdaluyo's request for a detailed schematic of the entire casino's video surveillance system is overbroad and irrelevant, especially to his surviving claim. MGM has produced discovery with respect to its video retention policy, which is relevant.

         I also grant MGM's request to strike Magdaluyo's “objections” and “motions to strike” (ECF Nos. 144-147), as they are inappropriate attempts to evade the page limit for argument, rather than true evidentiary objections.

         I. BACKGROUND

         Magdaluyo has worked at MGM as a dealer since 1993. He alleges that in 1996 an incident occurred at a baccarat tournament where a valuable chip went missing and MGM management suspected him of theft. ECF No. 21 at 4. While management never accused him directly, Magdaluyo alleges that thereafter he was “continuously being watched very closely from 1996-2013, then MGM employees started to search [his] bag in 2012-2014.” Id. at 5.

         Magdaluyo maintained journal entries of hundreds of incidents or interactions that he believes demonstrate a conspiracy by MGM and its employees to intimidate, ostracize, and harass him. See ECF Nos. 138-1-138-14. The alleged incidents mostly involve employees “gang staring, ” approaching Magdaluyo aggressively, whistling to annoy him, pretending to be scared of him on camera, and the like.

         A full list of alleged incidents would be repetitive, but the following are independently germane to evaluating Magdaluyo's claims:

. In 2008, supervisor Phil Rosen told Magdaluyo that he “hates Filipinos and that the United States should invade the Philippines.” ECF No. 21 at 8.
. In 2009, Rosen pointed at Magdaluyo and told several coworkers, “This guy is a thief and a scam artist.” Id.
. On November 29, 2013, an MGM employee removed Magdaluyo's personal backpack from the employee break room and placed it outside the door. Magdaluyo believes she moved it so that another employee could search it, and contends its contents were rifled through when he found it. Id. at 5.
. Magdaluyo was attacked by coworkers twice while on the job, once in 2012 and once in 2013. In the first incident, a pit boss struck Magdaluyo in the head with his elbow; in the second, a floor supervisor punched him in his shoulder. Id. at 13-14.

         Magdaluyo repeatedly complained to MGM Human Resources about the harassment. The first recorded complaint took place in 2001; complaints resumed in 2010 and occurred fairly frequently thereafter. See ECF No. 142 at 18. He also lodged an EEOC complaint in 2014. ECF No. 21 at 25. MGM disputes that it has accused Magdaluyo of stealing, ...


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