11 49. i-iyder emphasized how important it was for plaintiff to ensure that ii~oethlisber~er had a...

web_win2k

Rectangle

17. Defendant Mark Masters (hereinafter sometimes "Masters") at all t 'hes relevant

ereto, was and is employed at Harrah's Tahoe in security and is a close associate of Hyder.

18. On information and belief Plaintiff alleges that at all times relevant, Masters was

nd is a resident of Douglas County, Nevada.

19. Defendant Stacy Dingman (hereinafter sometimes "Dingman") was formerly and

t some times relevant hereto was Director of Hotels at Harrah's and was and is currently

mployed by Lakeside Inn and Casino.

20. On information and belief Plaintiff alleges that Dingman was and is a resident of

louglas County, Nevada.

21. Defendant Bryan Casuscelli (hereinafter sometimes "Casuscelli") was and is, at

I1 times relevant hereto, Hanah's Tahoe's Director of Player Development, and Ben

.oethlisberger's Executive Casino Most.

22. On information and belief Plaintiff alleges that Casuscelli was and is a resident of

louglas County, Nevada

23. On information and belief Plaintiff alleges that Defendant Roethlisberger is an

wner of or has a financial interest in various DOE DEFENDANTS I-XX (hereinafter

~metimes DOES I-XX) partnerships, companies and business entities that have an

wnership interest in and promote his name, his celebrity, and his various commercial

nterprises.

24. On information and belief Plaintiff alleges that Defendant Roethlisberger and

IOES I-XX, DEFENDANTS, together, sought to promote the Roethlisberger "brand" by

!nt on file with the Clerk of Court -- Second Judicial District Court, County of Washoe. State of Nevada

Copy of original doc

Iotel Operations to the VIP Services Manager.

31. Plaintiff was responsible for setting the direction of VIP departments, budgeting,

nd capital project submissions. Plaintiff was also appointed to serve on the project team

Tat oversaw the building of the Summit Suite Penthouses, a 30 million dollar project.

32. Plaintiff was, also, charged with the responsibility of building, and training the

Lutler staff.

33. Plaintifreventually was recognized, upon completion of projects, by Harrah's as

le "Leader of the Quarter" for the Tahoe properties.

34. After completion of the capital projects, with success in getting them off the

round, Plaintiff sought to transition into the Casino Marketing department.

35. Plaintiff applied for the position of an Executive Casino Host, was offered the

osition in February, 2008 and began reporting to the Vice President of Casino Marketing,

~nnifer Trinkaus.

36. In July of 2008 theNBC American Century Celebrity Golf Tournament was held

t Lake Tahoe.

37. In addition to her regular responsibilities, Plaintiff was scheduled to be on the

enthouse floor each and every night during the event serving a concierge-like function, in

ddition to her other duties.

38. When Plaintiff questioned this, Plaintiff was told by her superiors that because of

er level of exper~ise, reputation for excellent service, and knowledge of the Penthouse

~cilities and Staff, she was selected to serve the important and celebrity guests, on that floor.

?nt on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

CODV of oriainal doc

39. Plaintiff felt honored to be considered for such a position and reported each day

) carry out her other duties and those duties.

40. Prior to the event starting, Plaintiff was introduced, by one of the Butlers, to Ben

oethlisberger, an NFL Quarterback for the Pittsburgh Steelers who had checked in on or

bout July 5,2008.

41. Plaintiff knew that Roethlisberger was a celebrity, but was not very familiar with

is football career.

42. Plaintiff was, also, familiar with Roethlisberger's name from hearing Harrah's

lorthern Nevada President (Tahoe President), John Koster, bring his name up on several

ccasions.

43. Plaintiff also learned that Defendant John Koster was paired with Ben

.oethlisberger for the golf event.

44. Plaintiff learned that Koster boasted about what good friends he and

.oethlisberger were on many occasions.

45. There were other very high profile guests on the floor, including, among others,

Aichael Jordan and Charles Barkley.

46. On or about July 10,2008, Defendant Roethlisberger came to Plaintiff's desk and

truck up a conversation. There was a discussion of fly-fishing and of the fact that Plaintiff

ias an avid fly fisherman.

47. It was Plaintiffs responsibility to serve all of these guests on the floor, in

ddition to her role as an Executive Casino Host.

48. Hyder, the Harrah's Director of Security, commented to Plaintiff on how pleasant

I

, I

I

1

I

I

I

)

I

3

)

I

!

3

1 - >

j

7

3

nt on file with the Clerk of Court -- Second Judicial District Court. Countv of Washoe. State of Nevada

' h

j R

tc

R

a

h

0

R

S

\1

a

urne

11 49. I-Iyder emphasized how important it was for Plaintiff to ensure that

II~oethlisber~er had a nice trip.

/ / 5 0 On the evening of Friday, July 11, 2008, Plaintiif, afier being on the Harrah's

casino floor in the high limit area, taking care of one of her guests, returned to her post on

711 the Penthouse floor, at approximately 10:00 p.m..

8 11 51. On Friday July 1 l", 2008, Plaintiff was at her post. on the seventeenth floor, in

9 the Penthouse area, at approximately ten o' clock p.m. in the evening. I I

20 /I 57. A few minutes later, Ben Roethlisberger's name came up on Plaintiffs

10

* 11 U1 e ; 12 5 Gi

a z Z & 13 x h $ $ 5 $ 2 2 1 14 d $ g S c a y e ? : 15

4 0 - " 4 ~ ~ 0 ~ - f r . m z fi

3 & = $ n 17

a !!

18

19

21 telephone, at her desk. II

52. Ben Roethlisberger returned to his room with a young woman who Plaintiff had

not seen before. She lefi his room approximately 20 minutes later.

53. Roethlisberger walked her to the elevator. Me then stopped by Plaintiffs desk

and said hello. He talked with Plaintiff and other stafrfor approximately 20 minutes.

54. As Roethlisberger left, he mentioned to Plaintiff that his television sound system

was not working.

55. Plaintiff offered to have someone from engineering fix it.

56. Roethlisberger said that he would call about it later.

22 11 58. Plaintiff answered the phone, and Roethlisberger raid that his television was still

26 I1 if Plaintiff would come and "take a quick look".

23

24

25

Copv of original document on file with the Clerk of Coua --Second Judicial District Court. Countv of Washoe. State of Nevada

broken and asked if Plaintiff could fix it.

59. Plaintiff said that she would have someone look at it and he responded by asking

1

61. Plaintiff also called engineering, but was unable to reach anyone.

60. Plaintiff called her boss, Jennifer Trinkaus, the VP of Casino Marketing, but

2

62. Roethlisberger called, again, asking when Plaintiff was going to fix the television. 6

Trinkaus did not answer her phone. Plaintiff later learned that Trinkaus was allegedly in the

nightclub.

1 1 63. Mindful of I-Iyder's earlier admonition that Koster wanted to be swe that

8 Roethlisberger had a good hip, and because of Roethlisberger's insistence, Plaintiff I 1 9 complied with Roethlisberger's demand that she go to fix the television.

11 61. Plaintiff knocked on Roethlisberger s door, the last door on the lefi at the end of 11

the hallway on the ITh floor, and Roethlisberger opened it. I-Ie was wearing athletic shorts 1 2

13 lland a t- shirt.

l 4 11 65. Plaintiffentered the room. The room was a mess

1 5 11 66. Plaintiff asked which television i t was that was malhctioning.

l 6 11 67. Roethlisberger led her to the adjacent room and pointed at the bedroom

19 11 68. Plaintiff picked up the remote control and attempted to identify and solve the

20 1 1 alleged problem or problems.

21 1 1 6 9 The equipment functioned pmpe.rlu(y and Plaintiff could see no problem with the

22 i/ielevirion or with the sound system and so informed Roethlisberger.

25 Iraintiff, blocking her way.

2 3

2 4

COPV of original document on file with the Clerk of Court --Second Judicial District Court. County of Washoe. State of Nevada

70. As Plaintiffattempted to leave the room, Roethlisberger stood in front of

100. The day prior to Labor Day, Plaintiff fell apart, stopped eating, could not sleep,

suffered a nervous breakdown, and became so anxious and depressed that her self-care went

lramatically downhill.

101. Plaintiff called her boss and told her that something tenible had happened, that

;he did not want to speak to her about it, and asked to go home to her parents' house.

102. Plaintiff was not eating and had lost a great deal of weight.

103. Plaintiff was reluctant to tell her parents or anyone what had really happened.

104. Plaintiffs parents were very concerned about Plaintiffs dramatic change in her

ippearance and her obvious depression and anxiety. But, Plaintiff, not wanting to distress

2 I1 * ?

C ; 12

l g ll emergency room doctors felt that Plaintiff was very anxious and so depressed that she should

her parents, by telling them what had happened to her, did not inform her parents of what

2 - 0

a :EL 13 x i g s x < E X - S - I $ O q . 14 m o o w 4 p * e u 2 . 5 : g 15 6 0 .n

5o:.o. 5 fi > & L T w

0 z 0, 17 e

181

20 11 be admitted to West Hills Hospital, a Reno facility that treated anxiety and depression . She

had actually happened.

105. Plaintiff flew back to Lake Tahoe in bad shape, and was checked into the Reno

Renown Hospital on or about Se~tember.25'~ where she was diagnosed with major

depression and anxiety.

106. Plaintiff had to be fed intravenously because of the lack of fluids. Thc

21 Ik admitted on or about September 26Ih, 2008,

Copv of original document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

22

23

24

25

26

27

107. While at West Hills, Plaintiff was heavily drugged, and was frightened and

traumatized by some of the inmates.

108. Plaintiffwas hospitalized there until on or about October 2"* 2008.

1 119. Hyder pretending to be a friend, told Plaintiff that he should have a key a her

1

2

llhome, in ordcr to check on her.

be there as a friend for Plaintiff when, in fact, he was engaged in surveillance of her and her

progress for his own purposes andlor for those of Koster and other Defendants.

1 1 circumstances, believing his stated purpose or purposes for having the key, Plaintiff provided

5

6

8 him with a key. Subsequently, Hyder and.one or more of the other Defendants, including I

120. Believing Hyder's claim that he was a friend and was helping her, and, under the

9 Defendant Masters, entered her home, and on information belief, without her knowledge, I I lo Ilproceeded to examine, a d remove and alter the content of and the file or files and 11

information on her work laptop computer, and to remove her computer, which was done 12

l3 /I without her knowledge and understanding, and was done for the purpose ofproviding the

14 //information to Harrah's and for their own, Defendants' purposes.

l5 1 1 121. Near the end of her leave time, Plainriff, at risk of losing herjob, and,

l6 I/particularly, concerned about the possible loss of her much needed medical benefits and the

assistance she so badly needed, returned to work during the Thanksgiving weekend, 2008. 18

122. Plaintiff attempted to work as hard as she could, but the setting was a disturbing 19

20 I/ reminder of the sexual assault and battery.

21 11 123. Plaintiff was called by a pit boss at Harvey's, and went there to assist with a

124. The pit boss, during that visit to the pit, asked Plaintiff, "What happened? Why 24 23 11

II were you in the hospital?" 25

26 / I 125. Plaintiff became tearful and indicated to the pit boss that she couldn't talk about

Coov of oriainal document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

it.

/I 126. The next day, PIaintiff s Manager, Rod Campbell called her at home and asked

her to come to his office. She went to work early and was faced with Defendant Debbie I I

11 allegedly "becoming visibly upset in view of both guests and employees on the casino floor

4

5

6

8 which placed others in an uncomfortable position." This allegation was false. I I

Neall, the Managcr of Employee Relations.

127. Plaintiff was given her iirst ever 'Wegative Work History'' documentation for

/I 128. At the meeting, Defendant Neal1 did not ask for Plaintiffs version of what

10

11 1

I- $ 1 2

happened, nor did she ask any questions.

129. Plaintiff, initially, under the circumstances, refused to sign the write up because

1 c a S ~ L 13 x k ~ 2 ~ Q ~ x ~ K - I L O < . m o g 1 4

= w < " d , ~ _,; F a y t 1 5

0 .: a j E L g c Z a w E 3 - r $ 0 9 17

LI

? 1 8

23 11 134 Plaintiff war a h i d to reNm to work but was under exireme pressw lo return

it did not reflect what happened.

130. Because Plaintiff became very upset concerning this treaunent, Defendant

DebbieNeall took Plaintiff to the in-house clinic. The doctor said that Plaintiff was not well

enough IO work He opined that she has been through a lot.

131. Plaintiff was put on another leave.

19

20

21

22

132. A few weeks later, on December ISih, 2008, Plaintiff was admitted to Barton

Memorial Hospital at Lake Tahoe.

133. Plaintiff was devastated and was very afraid of being retaliated against if she

spoke out about what had happened.

Copy of oriqinal document on file with the Clerk of Court --Second Judicial District Court. County of Washoe. State of Nevada

24

25 because of her medical expenses, loss of income, debt piling up, and with a desperate need

135. Plaintiff was afraid to speak out to H a d ' s because she was, under the

ircumstance, very &d of the consequences and was, by her experience, and knowledge,

onvinced that Harrah's would continue to side with the celebrity and do nothing as Hyder

ad done.

136. She knew that on multiple occasions President Koster had referred to his very

lose personal relationship with Roethlisberger.

137. She learned that he had said that he was welcome in Roethlisberger's home and

ice versa.

138. Plaintiff was afraid that she would be terminated if she said or did anything that

light displease Roethlisberger or Koster.

139. Plaintiff is informed that in late December of 2008 or early January of 2009,

jefendants Hyder, Monroe, Rosenow and Koster met for the specific purpose of discussing

le fact that Stacy Dingman had reported that PlaintifThad divulged to her that she had been

exually assaulted by Defendant Roethlisberger during the 2008 Celebrity Tournament.

140. Plaintiff is further informed that at that time Defendants Iiyder, Monroe,

Losenow and Koster reached an agreement not to investigate the incident. Defendants,

stead, continued to surveil and monitor Plaintiff, hoping she would do nothing.

141. In early March of 2009 Plaintiff spoke with the physician at Harrah's, told him

ihat had occurred, explained that she was always very afraid to say anything, and that was

ihy she had suffered so much over the past few months.

!nt on file with the Clerk of Court -- Second Judicial District Court. Countv of Washoe. State of Nevada

Copv of original doc

142. The doctor said he would call DebbieNeall, the Manager of Employee

:elations, concerning the matter. He cryptically inquired of Neall as to what Neall would do

fan employee was assaulted or attacked by a guest while at work.

143. Neall reportedly responded that Harrah's would have no responsibility in

zporting it but would encourage the employee to make a report with Douglas County

ihcriffs Department.

144. The doctor asked Plaintiff for permission to discuss the incident with Debbie

.leal1 which Plaintiff gave to him, but, upon later inquiry by Plaintiff, the doctor said he had

hanged his mind about contacting employee relations and Debbie Neall, and suggested that

'laintiff would be bcttcr off not pursuing the matter further with Wanah's.

145. The Dr. released Plaintiff back to work on March 3'd. 2009. That return date was

elayed by Neall.

146. Because of the lapse in the FMLA and the new start date, Plaintiff's health

Isurance was canceled.

147. On the day before her return to work, Plaintiff went to Guy Hyder's office and

sked to spcak to him, privately.

148. Plaintiff was tearful and said, do you remember that day that I called you about

ie incident with Ben Roethlisberger, refening to the day after the sexual assault? Hyder

aid, Yes.

149 Plaintiff then said, I want you to know that that is specifically why I have fallen

part over the last few months. I was very scared and 1 didn't know what to do.

150. Plaintiff stated that her problems arose directly out of the sexual assault by

en! on file with the Clerk of Court --Second Judicial District Court. Countv of Washoe. State of Nevada

3 ilupat, but that he thought that she had regretted sleeping wilh Defendant Roehlisberger and

1

2

llbecame upset.

Roethlisberger. Hyder said, '1 figured that was what was wrong, but I thought it was just

like a date rape thing." Hyder then said that he knew that Plaintiff was very distraught and

/ I statement, left Hyder's office in tears.

5

6

11 152. After returning to work on Friday, March 6,2009, Plaintiff was subjected to

151. Plaintiff, again, very upset by Hyder's comments, and disappointed with this

9 llvarious acts by the Defendan. which were intended to silence her and to dissuade her horn

lo l/huther mentioning the sexual assault which had taken place during the 2008 Celebrity

F $ 1 2 -I j;

qI ; !gE 13 X w o m 2

E X ~ I L

, 14 mag 2 111 6 * e u $ c

a y : r: 1 5 5:;g: z ~ : o w E 1 6

e E g

2 0, 17 R

20 11 155. When confronted by one ofthe butlers, Defendant Casuscelli stated that she

153. On her first day back to work, Plaintiff was reissued the negative work history

from Harrah's based on the incident which had occurred on November 29,2008, and was

told that any further e~isodes would result in termination.

154. Plaintiff was told about an incident wherein the Director of Player Development,

Bryan Casuscelli, Ben Roethlisberger's Executive Casino Host, was seen removing and 18

19

21 (Plaintim may be coming back (to work), but she will never be a Host again. I I

throwing away Plaintiffs business cards that were in the Butler pantry.

22 1 156. Plaintiff compiained to Supervisor Rod Campbell, but Campbell stated that he

23 (hasn't comfortable speaking to Bryan about it because he was hoping to be considered for

Copv of oriqinal document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

24

25 the promotion to Vice President of Casino Marketing and speaking to Bryan might rock the

Copv of original doc1

157. A few days afterward, Plaintiff had a meeting with Mike Rosenow, Vice

resident of Human Resources for Harrah's, and told him that she was very concerned with

le write up, with Bryan Casuscelli's remarks regarding the business cards, and the overall

:vel of support, or lack thereof that she was receiving from E-larrah's.

158. She explained that she had been through a considerable amount of anguish and

lat she was trying her very best to return to work and be an asset to the company.

159. Rosenow noted that John Koster was aware of the Defendant Bryan Casuscelli's

ctions and agreed that it was in very poor taste and would not be tolerated. Mike Rosenow

ssured Plaintiff that there would be written statements taken from the Butlers who were

resent.

160. Rosenow asked Plaintiff to continue staying focused on her work.

161. On or about the early part of March, 2009, Plaintiff, during the course of her

~ork shift, was in the company of guests, and introduced the guest to Koster.

162. Notwithstanding Koster's awareness of the assault which had taken place on

uly 11,2008, Koster proceeded to engage in an effusive and laudatory description of his

close friendship" with Ben Roethlisberger.

163. Koster knew of the devastating impact this would have on Plaintiff, but chose,

onctheless, to scnd n message to Plaintiff that he, Koster, was supportive of his friend

.oethlisberger, continued to admire this rapist, would not tolerate any but the most laudatory

iew and comments regarding Roethlisberger and would not investigate in any way the

ssault which had taken place during the 2008 Celebrity Tournament.

164. Fearing reprisal and that she was being set up for termination, Plaintiffsought

tnt on file with the Clerk of Couli -- Second Judicial District Court. County of Washoe. State of Nevada

I I legal Counsel who referred her to the undersigned Counsel.

2

4

5

6

7

8

9

165. On April 2,2009, the undersigned Counsel sent a letter to Gary Loveman,

Chairman, Chief Executive Officer and Pres. Of Hamah's Entertainment lnc., Tom Jenkin,

President, Western Division and William Buffalo, Vice President and Deputy General

Counsel, informing them of the assault that had taken place on July 11,2008, and of the acts

of ratification, condonation and approval by the executives at Harrah's Tahoe, and of the acts

and failure to act of Hyder, requesting a full and independent investigation of the entire

matter and of those acts.

166. Plaintiff believes that Counsel retained by Harrah's Entertainment, Inc., 11

12 interviewed Defendants Koster, Hyder, Monroe and Neall regarding their actions and

13

14

15

/lemononal distress on Plaintiff, to defame Plaintin. and to dissuade Plaintiff from pressing 19

failures to act upon learning of the sexual assault that had taken place during the 2008

Celebrity Tournament.

167. On April 13,2009, Counsel for Harrah's Entertainment, lnc., sent a letter to

Plaintiffs Counsel communicating what Plaintiff believes to be character assassination

17

18

20 1 1 claims against Rocthlisberger andlor Dcfcndants and Hmah's.

advanced by Defendants Koster, Hyder, Monroe, Neall and Dingman intended to inflict

21 1 1 168. The attorney, among other things, set forth false and scunilous claims by

22 Defendant Stacy Dingman who had combined with Hyder and others in this defamation and I I

COPV of original document on file with the Clerk of Court -- Second Judicial District Court. Countv of Washoe. State of Nevada

24

25 169. Dingman has been known to be a close personal friend of and to be personally

Copv of original doc1

170. The Defendants sought by the letter and the accusations in it to dissuade

'laintiff from pursuing this matter against any of the Defendants and others involved in this

over-up.

171. Plaintiffs Counsel requested access to the Harrah's electronic surveillance and

~ther phone and radio and electronic communications for the purpose of confirming facts

elating to these claims. That request for access has been repeatedly ignored or denied.

172. Nonetheless, demand has been made that all evidence in this matter be

reserved. including, but not limited to all information regarding Ben Roethlisberger during

is stay at Harrah's.

173. Notwithstanding the Defendants' full awareness of the assault which took place

In July 11,2008, they have again invited Defendant Roethlisberger to to be the guest of

{amah's during the 2009 celebrity golf tournament, while insisting that Plaintift to the

etriment of her client relations, and her professional future, take a paid leave for a two-week

~eriod of time to accommodate her assailant. Defendants have done so with full knowledge

sf the emotional impact such action would have on Plaintiff.

174. Additionally, on various occasions, Defendants and agents of I-Iarrah's have

ttempted to obtain detailed statements from Plaintifrand have lobbied her against and

liscouraged her from pursuing any claims relating to this outragc.

175. Defendant Monroe, who had held himself out as Plaintiffs and her family's

riend and was acutely aware of the emotional devastation suffered by Plaintiff, as recently

s June of 2009, falsely informed Plaintiff that he was unaware ofthe fact that she had been

exually assaulted.

!nt on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

176. Additionally, Defendant Monroe urged Plaintiff to not trust attorneys in general

d her attorneys in particular while pretending to be her fiiend.

177. Defendant Monroe has been guilty of complicity in the cover-up of lh is very

rious incident, has, along with other Defendants, adopted, ratified, and approved the

~nduct of Roethlisberger and others who have failed to properly investigate and pursue this

atter according to the law and according to Harrah's stated policies, practices and

ocedure, and has failed to be the fiiend that he pretends to be and has failed to stand up to

her Hanah's executives and insist that Mr. Hyder and others be punished for their failure

1d1or failures to properly investigate and pursue this matter upon receiving PlainWs report

ortly after the sexual assault.

178. Plaintiff has incurred medical bills in excess of Three Hundred and Eighty

lousand Dollars ($380,000.00) as a direct and proximate result of the harm done to her by

e Defendants.

179. Plaintiff has lost wages in excess of Thirty Thousand Dollars ($30,000.00)

180. Plaintiffhas suffered and continues to suffer extreme emotional upset and pain

le to the sexual assault by Roethlisberger and the acts of the other Defendants named

:rein.

CLAIMS AGAINST DEFENDANT BEN ROETHLISBERGER

FIRST CLAIM FOR RELIEF

ASSAULT

181. Plaintiwincorporates by reference each and every allegation in the preceding

uagraphs as if set forth, herein, verbatim.

it on file with the Clerk of Court -- Second Judicial District Court, Countv of Washoe. State of Nevada

COPV of original docu

182. Defendant Roethlisberger caused Plaintiff to feel apprehension of a harmful or

ffensive contact with or on her person.

183. That apprehension of a h d l and offensive contact caused Plaintiff to suffer

arm and injury.

184. Defendant suffered damages thereby as set forth herein.

185. Defendant's acts were intentional and malicious.

186. As a direct and proximate result of the wrongful conduct of Defendant

.oethIisberger, Plaintiff suffered great mental anguish, extreme damage to her career and

rofessional reputation and other damages, and incurred legal expenses, all to Plaintiffs

smage in an amount in excess of TEN THOUSAND DOLLARS ($1 0,000.00), according

I proof at the time of trial.

187. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and

ppressive, entitling Plainriff to an award of exemplary and punitive damages in an amount

~fficient to deter Defendant from engaging in such conduct in the future.

SECOND CLAIM FOR RELIEF

SEXUAL ASSAULT AND BATTERY

188. Plaintiff incorporates by reference each and every allegation in the preceding

aragraphs as if set forth herein, verbatim.

189. Defendant Roethlisberger made an intentional, unlawful, and haimfid sexual

~ntact with and on the person of Plaintiff including, but not limited to sexual penetration of

laintiff.


nt on file with the Clerk of Court --Second Judicial District Court, County of Washoe. State of Nevada

2 professional reputation and other damages, and incurred legal expenses, all to Plaintiffs I1 3 (Idamage in an amount in excess of TEN THOUSAND DOLLARS ($IO,OOO.OO). according

llto pmof at the time of trial

I / oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount

5

6

8 sufiicient to deter Defendant fiom engaging in such conduct in the future. I I

191. The conduct of Defendant Rocthlisbe~ger was willful, wanton, malicious, and

THIRD CLAlM FOR RELIEF

FALSE IMPRISONMENT 11

! I- +, PI 12

20 /I 195. Plaintiff was conscious of a confinement and was harmed by it.


3 - "7

3 g L 13 x&:!Q Q u x m , 0 1 4 m o g = u l Q ~ F E > L !l!l$$'i 15 <so6: J F L

a f $ Is 3 z 0 17

a !+ : 18

l' ll 196. As a direct and proximate result of the wrongful conduct of Defendant

paragraphs as if set forlh herein, verbatim.

193. Defendant Roethlisberger intentionally and unlawfully acted and committed acts

intcndcd to and did confine Plaintiff within boundaries fixed by Defendant and did, thereby,

confine her against her will.

194. Defendant's acts directly and indireclly resulted in such a confinement of

22 I(~oetblisberger, Plaintiff suffered great mental anguish extreme damage to her career and

26 ip pmof a1 the time of trial.

23

24

25

Copv of original document on file with the Clerk of Court --Second Judicial District Courl. County of Washoe. State of Nevada

professional reputation and other damages, and incurred legal expenses, all to Plaintiff's

damage in an amount in excess of TEN THOUSAND DOLLARS ($10:000.00), according

I/ 197. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and

2 ]/oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount

3 !/sufficient to d e b Defendant fiom engaging in such conduct in the future.

FOIJRTEI CLAIM FOR RELIEF

FALSE PRETENSES

I1 198. Plaintiff incorporates by reference each and every allegation in the preceding

8 paragraphs as if set forth herein, verbatim. I/ 9 11 199. Defendant Roethlisbcrger intentionally and unlawfully acted and made

llstatements ghat were false and that pretended facts and circumstances designcd to deceive

20 proof at the time of Vlai.

* 11 m

3 ; 12 - ", 13

W O ~ X x m if 5 a ~2 , 14

.a$!$! a?:z= 15 y;$: Z 3 O 3 & =

Cl ? 17 e 5 F 18

19

*' I1 202. The conduct of Defendant Roethlisberger was willful: wanton, malicious, and

Plaintiff and to induce her to act on and rely on said false pretenses to her detriment.

200. Defendant's acts directly and indirectly resulted in action and conduct by

Plaintiff in that, but for those false pretenses, would not have occurred.


Roethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and

professional reputation and other damages, and incurred legal expenses, all to Plaintiffs

damage in an amount in excess of TEN THOUSAND DO1,LARS ($10.000.00), according

22 l ~ p p m s i v e , entitling PlaintiBto an award of exemplary and punitive damages in an amount

23 ibificient to deter Defendant Roethlisberger from engaging in such conduct in the am..

FIBTH CLAlM FOR RELIEF

FRAUD

Copy of original document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

2 paragraphs as if set forth herein, verbatim. I1 1 204. Defendant Roethlisberger intentionally made statements and representations that

Ihere false and were known to be false.

711 acting upon the statements and misrepresentations.

5

6

I1 206. Plaintiff justifiably relied upon Defendant's statements and representations.

205. Defendant Roethlisberger intended to induce Plaintiff to act or refrain f ~ o m

9 1 1 207. As a result, Plaintiff suffered damages thereby, as set forth herein.

lo 11 208. Defendant's acts were intentional and malicious.

20 11 ufficient to deter Defendant from engaging in such conduct in the future.

2 * 11

12 5 L1 -

Y1 13 xks$? 4 f, 5 .r . 14 m o g . a$ ;zc L Y k z 8 15 4z;g-g Z 1 O $) yC 3 n e 17

a !! F 18

19

21 I1 SMTH CLAIM FOR RELIEF


Roethlisberger, PlaintiKsuffered great mental anguish, extreme damage to her career and

professional reputation and othcr damages, and incurred legal expenses, all to Plaintiffs

damage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according

to proof at the time of trial.

210. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and

oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount

22 11 INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

21 1. Plaintiff incorporates by reference each and every allegation in the preceding

aragaphs as if set fonh herein, verbatim. 25

26 11 212. Defendant Roethlisberger's conduct was extreme and outrageous with the intent

Copv of original document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe, State of Nevada

COPV of oriqinal doc

f and reckless disregard for causing emotional distress to Plaintiff.

213. Plaintiff suffered severe and extreme emotional distress with severe physical

mptomology as the actual and proximate result of Defendant's conduct.


oethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and

rofessional reputation and other damages, and incurred legal expenses, all to Plaintiffs

amage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according

proof at the time of trial.

215. The conduct of Defendant was willful, wanton, malicious, and oppressive,

ntitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to

eter Defendant Rocthlisberger from engaging in such conduct in the future.

CLAIMS AGAINST JOHN K O S m GUY HYDER, DAVE MONROE, MIKE ROSENOW, DEBBIE NEALL, MARK MASTERS, BRYAN CASUSCELLI, AND

STACY DINGMAN

SEVENTH CLAIM FOR RELIEF

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS


aragraphs as if set forth, herein, verbatim.

217. Defendants' various conduct was extreme and outrageous and was committed

iith the intent of causing harm and with reckless disregard for causing harm and emotional

istress to Plaintiff, who was known to be a vulnerable person in recovery.

218. Plaintiff suffered severe and extreme emotional distress, with extreme physical

ymptomology, as the actual and proximate result of Defendants' conduct.

?nt on file with the Clerk of Court -- Second Judicial Dislrict Court. County of Washoe. State of Nevada

2 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and I I 1

3 /professional reputation and other damages, and incurred legal expenses, all to Plaintiff's

219. As a direct and proximate result of the wrongful conduct of Defendants, and

/Idamage in an amount in excess of T M THOUSAND DOLLARS (S10.000.00), according

I1 220. The conduct ofDefendants was willful, wanton, malicious, and oppressive,

5

6

1 1 entitling Plaintiff to an award of exemplary and punitive damages in an amount suflicient to


9 deter Defendants, and each of them from engaging in such conduct in the future. I1 EIGEWH CLAIM FOR RELIEF

INVASION OF PRIVACY

14 paragraphs as if set forth herein, verbatim. I I

12

13

l5 1 1 222. Plaintiff had an actual expectation of seclusion, solitude, and privacy which was


l6 llobjectively reasonable.

/ 223. Defendants Hyder and Masters and other Defendants intentionally intruded upon $ 18

19 the exclusion, solitude, and privacy of the Plaintiff.

20

21

22

23

24

25

28

Copv of oriainal document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

224. Defendants by pretense and fraud and misrepresentation gathered information

regarding the private and personal life of Plaintiff and regarding her medical condition or

conditions.

225. The intrusions were such that each one was and would be highly offensive to

Plaintiff and would be highly offensive to a reasonable person.

26

27

226. Defendants Hyder and Masters entered Plaintiffs home and gathered

2 her computer and other private information including medical information. 11 / 227. Plaintiff alleges on infom~ation and belief that Defendants Myder and Masters

711 the state of mind of Plaintiff, the information possessed by Plaintiff and other information

4

5

6

8 related to the sexual assault and the conduct of and involvement of others and relating to her 11

copied, deleted, altered, and destroyed, the private and personal information of Plaintiff on

the computer and sought to and did inspect it to determine information about Plaintiffand

9

10

roximate result of Defendants' conduct. 19

relationship with third p ~ . e s before and arter the July 11,2008 incident.

228. Defendants publicly disclosed private facts regarding Plaintiff to which she had

$ 11 L?

R 12 3 "I

6

14

3 n 17

a ,,,

20 11 232. As a direct and proximate result of the wrongful conduct of Defendants, and

a right of privacy.

229. These disclosures and each of them was and would be offensive and

objectionable to a reasonable person of ordinaq sensibilities.

230. Defendants' conduct was extreme and outrageous with the intent of and reckless

disregard for causing emotional distress to Plaintiff.

23 1. Plaintiff suffered severe and extreme emotional distress as the actual and

21 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and I I 2 2 1)xofessional reputation and other damages, and incurred legal expenses, all to Plaintips

amage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according

proof at the time of trial. 25

26 233. The conduct of Defendants was willful, wanton, malicious, and oppressive,

Copy of original document on file with the Clerk of Court -- Second Judicial District Court. Countv of Washoe. State of Nevada

711 paragraphs as if set forth herein, verbatim.

1

2

3

4

5

6

11 235. Plaintiff had an actual expectation of seclusion, solitude, and privacy on and in

entitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to

deter Defendants, and each of them from engaging in such conduct in the future.

NINTH CLAIM FOR RELIEF

TRESPASS


9 her home which was objectively reasonable. I I 1 236. Defendants Hyder and Masters intentionally intruded upon the seclwioo,

$ " 9 " 12 5 - Y) < ""k 13 xh:gx a f x m s - J w g s i

& 6 ! S , 0- 5 - 15 a2:6g J c m z Z E: 0 w fi l6 3 n g 17

a w

20 / I 239. Defendants Hyder and Masters trespassed upon and entered PlaintifPs home and

solitude, and privacy of the Plaintiff by entering into her home and on her land.

237. Defendants and each of them, personally or through their agents, trespassed

upon and throughout her home and gathered information regarding her medical conditions,

and regarding other private matters and information andlor aided, counseled and encouraged

others, including, but not limited to Hyder and Masters, to trespass for their benefit.

238. The intrusions and trespasses were such that each one was and would be highly $ 18

1 9

21 gathered information, including, without limitation, information from Plaintiff's computer I1

offensive to a reasonable person.

22 lland other private information including medical information and other and private

26 11 publicly disclosed the private information and these private facts andlor information of 2 5

24

Copv of oriqinal document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada

240. Defendants disclosed said information to Harrah's and to each other and i

1

2

3

4

5

6

7

8

9

Plaintiff.

241. Disclosure was and would be offensive and objectionable to a reasonable person

of ordinary sensibilities.

242. Defendants' conduct was extreme and outrageous and was with the intent of and

reckless disregard for causing emotional distress to Plaintiff.

243. Plaintiff was caused to suffer and suffered severe and extreme emotional

distress, as the actual and proximate result of Defendants' conduct.


each of them, Plaintiff sut'fered great mental anguish, extreme damage to her career and

11 3 i 12 5 (1

a f 2 k i S i '3 Q c x m ~ 1 k 0 4 . 14 a n g q;;fi LLY$rz 15

4 0 .(1 4 ~ ~ s . Z E: 0 tu fi 16 , 0

a ' YI

21 11 246. Plaintiff incorporates by reference each and every allegation in the preceding

professional reputation and other damages, and incurred legal expenses, all to Plaintiffs



245. The conduct of Defendants was willful: wanton, malicious, and oppressive,

entitling Plaintiff to an award of exemplary and punitive damages in an an~ount sufficient to

dtex Defendants, and each of them from engaging in such conduct in the futwe. 18

19

20

2.2 ibaragraphs as if set forth herein, verbatim.

TENTH CLAIM FOR RELIEF

DEFAMATION, DEFAMATION PER SE AND TRADE DEFAMATION

23 1 247. Defendants made false and defamatory statements regarding the character ofand

redibility of Plaintiff in general and in particular regarding the assault, battery and false 25

'mprisonrnent of Plaintiff by Ben Roethlisberger.

Z61t

Copy of oriqinal document on file with the Clerk of Court -- Second Judicial District Court. County of Washoe. State of Nevada

Copy of original doc^

248. Defendants made false and defamatory statements regarding Plaintiffs illness.

249. Defendants made false and defamatory statements regarding Plaintiffs physical

nd mental health.

250. Defendant Dingman falsely reported that Plaintiff was being treated in the

ospital for schizophrenia and made other false and defamatory statements regarding

laintiff when she knew that Plaintiff's problems arose out of having been sexually

jsaulted.

251. Defendants made false and defamatory statements regarding Plaintiffs

:lationships with various men.

252. Defendants made false and defamatoiy statements regarding Plaintiff about her

tinesty, integrity and credibility and regarding her stability andlor suitability for

nployment.

253. Defendants made unprivileged publications and communications of the

)regoing statements.

254. Defendants knew or upon reasonable inquiry and investigation would have

amed that their defamatory statements were false and were, at the very least, negligent in

laking the statements and publications.

255. Defendants imputed scxual promiscuity to Plaintiff.

256. Defendants imputed a lack of fitness for her trade, business, and profession.

257. Defendants imputed serious scxual misconduct to Plaintiff.

258. Plaintiff sustained substantial actual and presumed damages to her person and

rofession as the direct and indirect consequences and result of those acts and statements.

nt on file with the Clerk of Court -- Second Judicial District Court. County of Washoe, State of Nevada

2 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and /I 1

3 i/professional reputation and other damages, and incurred legal expenses, all to Plaintiff s

I


5

6

9 deter Defendants, and each of them from engaging in such conduct in the future. I I



7

8

l o 1 1 ELEVENTH CLAIM FOR RELIEF

260. The conduct of Defendants was willful, wanton, malicious, and oppressive,

entitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to

* 11 3

12 !i T,

ji

_1 . 14 mog q ! $ ~ a 5 k z n 15 S S ; ~ : c m z Z E: 0 w

3 "=: n p 17 a w

CIVIL CONSPIRACY


paragraphs as if set forth herein, verbatim.

262. Defendants conspired with one another and acted in concert, to accomplish the

illegal act or acts of aiding and abetting Defendant Ben Roethlisberger after the fact, and as

accessories after the fact, to his assaulf battery, sexual assault, and false imprisonment of @ 18

19

22 (Iseeking to discourage and dissuade Plaintiff from reporting Roethlisberger, by seeking to

Plaintiff, acting to aid, counsel, encouragc, and ratify, approve, cover up, and condone his

20

21

illegal conduct by acting to and seeking to discredit Plaintiff, by invading her privacy, by

seeking to inflict intentional emotional distress, upon her, by seeking to defame her, by

26 1 1 investigation of the acts and conduct of Ben Roethlisberger.

23

24

25

Copy of oripinal document on file with the Clerk of Court --Second Judicial District Court. County of Washoe. State of Nevada

interfere with her contractual relations, and by seeking to, for individual and mutual benefit,

and for the benefit of Harrah's and for the benefit of Roethlisberger, to prevent inquiry and

2 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and I I 1 ,

3 Ilprofessional reputation and other damages, and incurred legal expenses, all to Plaintiff's


!Idamage in an amount in excess of T M THOUSAND DOLLARS (SlO,WO.OO), according


I1 264. The conduct of Defendants was willful, >vanton, malicious, and oppressive,

11 entitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to

9 deter Defendants, and each of them from engaging in such conduct in the future. I I l o 11 TWELFTH CLAIM FOR RELIEF

li Roethlisberger. 19

PUNITIVE DAMAGES 2 1 2

3 6 265. Defendants and each ofthem acted with actual and implied malice and with

20 I/ 266. Thc Defendants and each of them acted with Malice and with Oppression and

F,Zk 13 x E $ g 2

n o g 4"; a 5 E - 15

'raud so as to give rise to a basis for the award of Punitive Damages against each of them IF

intentional disregard for the truth and with the purpose and intent to cause Plaintiff physical

injury and h m , and emotional distress with intentional disregard for the safety of and

22 lbd Plaintiff seeks an award of Punitive Damages against each Defendant so as to punish

23 i/each of them and to deter and prevent them and each of them from carrying out any such acts

4 2 0 - 8 * 0 6 J - m z I

Z E: 0 w E 16 3 % L C z 0 $ 17

% w

r conduct toward any other person or person. 2 5

consequences to Plaintiff, a vulnerable person, due to the consequences of the h m s she had

suffered, by and through the intent to cover up the abominable conduct of and acts of

26 11 WEEREFORE, Plaintiff prays for Judgment against Defendants as follows:

CODV of original document on file with the Clerk of Court --Second Judicial District Court. County of Washoe. State of Nevada

1. For Special Damages, including but not limited to loss of wages,

Medical bills and expenses, and other out of pocket expenses in excess

of Three Hundred and Eighty Thousand Dollars ($380,000.00),

according to the proof.

2. For General Damages in Excess of Ten Thousand Dollars, according

to proof.

3. For attorneys fees and costs.

4. For Punitive Damages.

5. For such other and further relief that is appropriate according to the

proof.

11 The undersigned does hereby affm that the foregoing document does not containthe

security number of any person.

Dated thi~&clay of July, 2009.

/- State E& No. 21 11 MONIQUE LAXALT, State Bar No. I s 9 537 Ralston Street Reno, Nevada 89503 (775) 323-7790

COPY of oriqinal document on file with the Clerk of Court -- Second Judicial District Court. Countv of Washoe. State of Nevada

11 49. i-iyder emphasized how important it was for plaintiff to ensure that ii~oethlisber~er had a...

Documents