United States District Court, D. Nevada
DANTE B. MAGDALUYO, JR., Plaintiff,
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)
P. GORDON UNITED STATES DISTRICT JUDGE
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
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.
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.
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.
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
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.
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.
list of alleged incidents would be repetitive, but the
following are independently germane to evaluating
. 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
. 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.
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, ...