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Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 1 of 41
Jay Edelson*
Rafey Balabanian*
2
3
4
5
KAMBEREDELSON LLC
350 North LaSalle Street
Suite 1300
Chicago, Illinois 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
j edelson@kamberedelson.com
rbalabanian(&kamberedelson.com
6
7
8
9
James E. Smyth, II
KUMMER KAEMPFER BONNER RENSHAW 8•; FERRARIO
3800 Howard Hughes Parkway, Seventh Floor
Las Vegas, Nevada 89169
Tel: (702) 792-7000
Fax: (702) 796-7181
)m
10
11
UNITED STATES DISTRICT COURT
12
DISTRICT OF NEVADA
13
THEODORE TRAPP,
on behalf of all others
on
his
own
behalf and
similarly situated,
14
Plaintiff,
15
16
17
18
19
20
21
22
23
24
Case No.
DEMAND FOR JURY TRIAL
CLASS ACTION
BIG POPPA'S, LLC, a Nevada limited
liability company d/b/a BADDA BING
MEN'S CLUB; SKY TOP VENDING, INC.,
CAN
a Nevada Corporation d/b/a CAN
ROOM; LA FUENTE, INC., a Nevada
corporation d/b/a CHEETAH'S; C.P. FOOD
AND BEVERAGE, INC., a Nevada
corporation d/b/a CLUB PARADISE;
DI•J• VU SHOWGIRLS OF LAS VEGAS,
LLC, a Nevada limited liability company
d/b/a DI•J,• VU SHOWGIRLS; PALOMINO
CLUB, INC., a Nevada corporation d/b/a
PALOMINO CLUB; SHAC, LLC, a Nevada
limited liability company d/b/a SAPPHIRE;
K-KEL, INC., a Nevada corporation d/b/a
SPEARMINT RHINO; D.2801
WESTWOOD, INC., a Nevada corporation
d/b/a TREASURES; LITTLE DARLINGS Ot
CLASS ACTION COMPLAINT
•UMMER KAEMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
800 Howard
Las
Vegas.
Hughes Parkway
Nevada
89169
785541_1.DOC [Client-Matter]
Page
of 41
Case 2:09-cv-00995
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
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17
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20
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Document 1
Filed 06/02/2009
Page 2 of 41
LAS VEGAS, LLC, a Nevada limited liability
company d/b/a LITTLE DARLINGS; O.G.
ELIADES, A.D., LLC, a Nevada limited
liability company d/b/a OLYMPIC
GARDENS; LAS VEGAS
ENTERTAINMENT, LLC, a Nevada limited
liability company d/b/a LARRY FLYNT'S
HUSTLER CLUB; MICHAEL A. SALTMAN
d/b/a MINXX; RICK'S LAS VEGAS; FRIAS
MANAGEMENT, LLC, a Nevada limited
liability company d/b/a ACE CAB
COMPANY and A-NORTH LAS VEGAS
CAB; WESTERN CAB COMPANY, a
Nevada corporation d/b/a WESTERN CAB
COMPANY and WESTERN LIMOUSINE;
NEVADA CHECKER CAB
CORPORATION, a Nevada corporation d/b/a
CHECKER CAB COMPANY; NEVADA
STAR CAB CORPORATION, a Nevada
corporation d/b/a STAR CAB COMPANY;
NEVADA YELLOW CAB CORPORATION
a Nevada corporation d/b/a YELLOW CAB
COMPANY; LUCKY CAB COMPANY OF
NEVADA, a Nevada corporation d/b/a
LUCKY TRANS; SUN CAB, INC., a Nevada
corporation d/b/a NELLIS CAB COMPANY;
CLS NEVADA, LLC, a Nevada limited
liability company d/b/a CLS
TRANSPORTATION LAS VEGAS;
ON DEMAND SEDAN SERVICES, LLC, a
Nevada limited liability company d/b/a ODS
LIMOUSINE and ODS CHAUFFEURED
TRANSPORTATION; BLS LIMOUSINE
SERVICE OF LAS VEGAS, INC., a Nevada
corporation d/b/a BLS LIMOUSINE
SERVICE OF LAS VEGAS; DESERT CAB,
INC., a Nevada corporation d/b/a DESERT
CAB COMPANY and ODYSSEY
LIMOUSINE; BELL TRANS A NEVADA
CORPORATION, a Nevada corporation d/b/a
BELL TRANS; TONY CHONG, an
individual; and DOE EMPLOYEES 1-1000;
22
Defendants.
23
24
1.1.1.1
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes Pa•way
78554
I_I.DOC [Client-Matter]
Page
2 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 3 of 41
CLASS ACTION COMPLAINT
Plaintiff, Theodore Trapp ("Plaintiff"), brings this class action Complaint against all
and his
experiences, and,
acts and
own
alleges
Plaintiff
Defendants listed above.
including investigation
conducted
by
6
8
the
primary industry
9
"Entertainment
his attorneys.
1.
dining,
is
one
that fuels the economy in Las
Capital
and entertainment.
As
result,
fine
11
types, from corporate executives traveling
12
It is the
13
not be
subjected
It is
currently
2.
expectation
to
Vegas.
Las
a
of visitors to Las
fraud, extortion,
("Drivers")
Vegas
attracts
business to families
on
other
among
transportation
to collect
16
"kickback" for
17
referred to
18
as
19
kickbacks
20
kickbacks often times reach and exceed $100 per passenger.
3.
the
customers
"Strip."
practice
This
originally began
Because this
practice
22
totaling $100,000
23
(Ordinance 8.20.297),
24
state laws make
in
pervasive,
given
week.
the
City
of Las
payments of this type
such
an
illegal
Boulevard
taking place
an
for
and
some
taxi and
as
or
(hereinafter
commonly
known
time, and while the
often in the amount of five dollars,
today
individual Club often pays out kickbacks
Ordinances enacted
by Clark County,
Vegas (Ordinance 6.06.195),
to
city
cash payment
or more
most
vacation.
on
visit the
Vegas
Las
has been
"tips"
to
entertainment clubs
so
is
a
as
traveling
to certain adult
"Clubs") located off
the
the
gaming, shopping,
workers
limousine drivers
delivering
as
illegal activities.
Vegas
in Las
known
visitors of all ages and
Vegas that they will be able
or
practice
common
Las
15
as
Vegas is
of the World," and is world renowned for its
10
21
belief,
of the foremost vacation destinations in the United States. Tourism is
Vegas
14
himself
to
as
all other matters, upon information and
to
as
personal knowledge
NATURE OF ACTION
Las
7
follows upon
as
Drivers
Nevada
and other Nevada
illegal.
RENSHAW & FERR•RIO
Seventh Floor
800 Howard
LasVegas,
Hughes Parkway
Nevada
89169
785541_1
DOC
lClient-Matter]
Page
3 of 41
Case 2:09-cv-00995
1
4.
Due to the
Document 1
large
Filed 06/02/2009
of money involved, Drivers
sums
fraudulently
misleadingly
2
illegally
3
their chosen destinations when such destinations
4
deliver such customers to the Clubs that
5
customers.
5.
6
and
coerce
routinely falsely
Drivers
7
substandard, undesirable,
8
"burned down."
9
providing satisfactory
10
refuse
ll
to
In
transport
to
out
some
largest
the
diverting
kickback for
requested
or
destinations
sometimes
instances, if certain adult entertainment clubs
opinion,
a
are
even
not
are
simply
Driver will
destination, irrespective of the customer's request
visit that destination.
14
(N.R.S.) §
15
also
Drivers, deceiving and/or attempting deliver passengers
a
requested
location is
If the Driver receives
706.8846.
a
violation of Nevada Revised Statute
(N.A.C.) § 706.552.
The harm to customers, however, does not end when
paid
the contrary, to recoup the monies
18
part with large
19
or
20
destruction of property and serious
21
More
broadly,
22
people
from
23
ensnared in
actual
sums
physical
encounters
the aggregate of this
returning
an
These
illegal
to Las
Vegas
scheme and
are
injury
practice
as
a
exits
customer
a
given
kickbacks, these Clubs force
by fraudulent
of money either
harm.
out in
to
payment for diverting the customer, it is
a
violation of Nevada Administrative Code
17
or
often become
fosters
an
employees
environment that
these individuals have
unable to travel
freely
via
threats
or
violent and result in
and Club
to customers
customers to
overcharges
concealed
cab. To
discourages
unwittingly
common
alike.
become
carrier.
1.1.1.1
24
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes Parkway
LasVegas, Nevada 89169
provide
Clubs, and instead
not among the
are
of business, riddled with bullet holes
customers to that
locations other than the
7.
visiting
divert customers away from
cash payments in the Driver's
13
16
incentivized, and in fact do,
are
tell their customers that certain
6. With respect to taxis and
12
and
Page 4 of 41
78554
Page
4 of 41
Case 2:09-cv-00995
8.
3
9.
This
Filed 06/02/2009
illegal
illegal
negatively impacting
scheme is
Perhaps
Nevada in
5
families, who
6
Vegas since taxi cab drivers
have
7
groups of men, which is the
demographic
8
clubs where the drivers receive kickbacks.
9
surreptitiously
ways.
numerous
have the
a
opposed
as
Vegas, Clark County,
economic climate, the
city
12
losing
millions of dollars in
tax revenues
13
these kickbacks.
under
16
207.470,
as
well
consumer
impact
women
on
and
pick
likely
to
visit
up
(not
to
tourists
brings
are
often
Crucially
the
government)
are
income
generated by
the instant class action
Corrupt Organizations Act,
protection
or
particularly given
mention the federal
unreported
men
adult entertainment
to
destination of their choice.
from the
and
single
complaint
N.R.S.
§
laws.
PARTIES
17
Trapp is a resident of California.
18
11. Plaintiff Theodore
19
12. On information and
20
relevant to this
21
laws of the State of Nevada.
22
business in Clark
23
24
the State of
Non-English speaking
Plaintiff
Influenced
various state
as
and state
illegal activity,
Racketeer
Nevada's
15
Vegas and
and the State of Nevada,
current
this
is the
to the
11
to
prevalent
more
City
stop
of Las
much greater incentive to
for the
a
million
greatest difficulty obtaining the services of taxi cabs in Las
routed to Clubs
of Las
City
the
most
10
10. To put
forty
estimated
an
kickbacks.
4
14
Page 5 of 41
past year alone, Drivers in Las Vegas have collected
In the
dollars in
2
Document 1
belief, Defendant BIG POPPA'S,
action,
a
County,
times relevant to this
limited
liability
company
On information and
Nevada
as
LLC
organized
was
and
existing
belief, BIG POPPA'S
a
under the
LLC does
BADDA BING MEN'S CLUB.
belief, Defendant SKY TOP VENDING, INC. is and
action,
at all times
is and
corporation incorporated
and
existing
was
at
all
under the laws of
(UMMER KAEMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
800 Howard
LasVegas.
Hughes Pad•way
Nevada
89169
785541_I.DOC
[Client-Matter]
Page
5 of 41
Case 2:09-cv-00995
Document 1
3
business in Clark Count, Nevada
relevant to this action,
5
State of Nevada.
6
Clark Count, Nevada
a
as
of the State of Nevada.
existing
14
SHOWGIRLS
15
D]•J, h,
at
all times
under the laws of the
INC., does business in
and
existing
On information and belief, C.P. FOOD &
all times relevant to this
as
was
OF LAS
at
under the laws
BEVERAGE, INC.,
CLUB PARADISE.
action,
a
limited
liability
LLC
organized
and
belief, D]•J•
VU
company
On information and
under the laws of the State of Nevada.
VEGAS, LLC, does business in Clark County, Nevada
as
VU SHOWGIRLS.
and
18
existing
19
DARLINGS
20
LITTLE DARLINGS.
was
at
belief, Defendant
a
limited
OF
LAS
liability
company
organized
and
On information and belief, LITTLE
VEGAS, LLC does business in Clark County, Nevada
belief, Defendant O.G. ELIADES, A.D., LLC is and
this action,
limited
22
times relevant
23
the laws of the State of Nevada.
24
LLC does business in Clark
to
VEGAS, LLC is
LITTLE DARLINGS OF LAS
all times relevant to this action,
17
21
at
belief, Defendant DI•J• VU SHOWGIRLS OF LAS VEGAS,
13
16
a
does business in Clark Count, Nevada
was
existing
and
was
CHEETAH' S.
9
is and
FUENTE, INC. is and
belief, Defendant C.P. FOOD & BEVERAGE, INC., is and
12
LA
On information and belief, LA FUENTE,
11
the CAN CAN ROOM.
8
10
as
belief, Defendant
4
7
Page 6 of 41
On information and belief, SKY TOP VENDING, INC., does
the State of Nevada.
2
Filed 06/02/2009
a
liability
company
On information and
County, Nevada
as
organized
and
was
existing
at
as
all
under
belief, O.G. ELIADES, A.D.,
OLYMPIC GARDENS.
RENSHAW & FERRARIO
Seventh Floor
Hughes Parkway
800 Howard
785541_1.DOC
[Client-Matter]
Page
6 of 41
Case 2:09-cv-00995
Document 1
1
2
relevant to this
3
State of Nevada.
4
in Clark
5
Nevada
7
State of Nevada.
8
County, Nevada
9
10
this action,
11
Nevada.
12
Nevada
13
a
as
existing
and
company
organized
existing
and
at
all times relevant to
does business in Clark
and
existing
was
at
all times relevant to
under the laws of the State of
County,
On information and belief, K-KEL, INC., does business in Clark
as
SPEARMINT RHINO.
belief, Defendant D.2801 WESTWOOD, INC., is
16
Nevada
as
action,
a
D.2801
WESTWOOD, INC.,
and
existing
and
was
at all
under the laws of
does business in Clark
County,
TREASURES.
belief, Defendant LAS VEGAS ENTERTAINMENT, LLC is and
limited
liability
18
was
19
existing
20
VEGAS ENTERTAINMENT, LLC, does business in Clark
21
FLYNT'S HUSTLER CLUB.
24
was
belief, SHAC, LLC
15
23
PALOMINO CLUB.
belief, Defendant K-KEL, INC., is and
times relevant to this
22
at all times
SAPPHIRE.
at
was
belief, PALOMINO CLUB, INC., does business
On information and
14
17
as
liability
limited
this
a
belief, Defendant SHAC, LLC is and
action,
a
On information and
6
Page 7 of 41
belief, Defendant PALOMINO CLUB, INC., is and
action,
County,
Filed 06/02/2009
a
who does business
as
belief, Defendant MICHAEL
company
duly organized
and
On information and belief, LAS
County,
A. SALTMAN
Nevada
is
a
as
LARRY
natural person
MINXX.
/./././
RENSHAW & FERRARIO
Seventh Floor
800 Howard
Las
Hughes parkway
Vegas, Nevada 8gt6g
785541_1.DOC
[Client-Matter]
Page
7 of 41
Case 2:09-cv-00995
1
Document 1
belief, Defendant RICK'S LAS
2
3
State of Nevada.
4
a
publicly
times relevant to this action,
6
7
LLC does business in Clark
8
LAS VEGAS CAB.
times relevant to this action,
11
12
business in Clark
13
LIMOUSINE.
a
liability
limited
County,
Nevada
a
On information and
17
CHECKER
18
CHECKER CAB COMPANY.
and
all
under
existing
was
at all
under the laws of
belief, WESTERN CAB COMPANY
CAB COMPANY
CORPORATION
a
does
and WESTERN
and
existing
On information and belief, NEVADA
business
does
in Clark
County,
Nevada
as
29. On information and belief, Defendant NEVADA STAR CAB CORPORATION is and
at all times relevant to
this action,
20
was
21
22
CORPORATION does business in Clark County, Nevada
24
existing
and
at
ACE CAB COMPANY and A-NORTH
as
action,
16
23
was
belief, Defendant NEVADA CHECKER CAB CORPORATION is
all times relevant to this
CAB
organized
company
WESTERN
as
and
19
at all times
was
licensed to transact business in the
15
at
is and
On information and belief, FRIAS MANAGEMENT,
County, Nevada
was
VEGAS
belief, Defendant WESTERN CAB COMANY is and
10
14
corporation
traded
Page 8 of 41
belief, Defendant FRIAS MANAGEMENT, LLC is and
5
9
Filed 06/02/2009
and
was
a
On information and
and
existing
under
belief, NEVADA STAR CAB
as
STAR CAB COMPANY.
belief, Defendant NEVADA YELLOW CAB CORPORATION is
this action,
a
and
existing
RENSHAW & FERRARIO
Seventh Floor
785541_1DOC
[Client-Matter]
Page
8 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 9 of 41
information and belief, NEVADA
On
1
2
YELLOW CAB CORPORATION does business in Clark
3
CAB COMPANY.
4
this action,
was
6
7
OF NEVADA does business in Clark
9
to
this
10
Nevada.
11
Nevada
action,
a
a
On information and
County, Nevada
under
LUCKY TRANS.
as
existing
and
existing
and
was
at all
times relevant
under the laws of the State of
County,
On information and belief, SUN CAB, INC., does business in Clark
NELLIS CAB COMPANY.
as
belief, Defendant CLS NEVADA, LLC is and
13
relevant to this
14
laws of the State of Nevada.
15
business in Clark
16
action,
a
County,
limited
liability
company
On information and
Nevada
as
belief, Defendant
organized
and
liability
limited
company
18
existing
19
DEMAND
20
LIMOUSINE and ODS CHAUFFEURED TRANSPORTATION.
a
SEDAN SERVICES, LLC does business in Clark
23
existing
was
under the
does
organized
and
On information and belief, ON
INC. is and
existing
ON DEMAND SEDAN SERVICES, LLC is and
22
all times
at
CLS TRANSPORTATION LAS VEGAS.
was
was
belief, CLS NEVADA, LLC
17
21
YELLOW
as
belief, LUCKY CAB COMPANY
belief, Defendant SUN CAB, INC. is and
12
at
Nevada
belief, Defendant LUCKY CAB COMPANY OF NEVADA is and
5
8
County,
County,
Nevada
as
ODS
belief, Defendant BLS LIMOUSINE SERVICE OF LAS VEGAS,
at all times relevant to this
action,
a
and
On information and belief, BLS
24
•UMMER KAEMPFER
BONNER
RENSHAW & FERRARIO
Seventh Floor
Las
Vegas,
Nevada
89169
785541_1.DOC [Client-Malter]
Page
9 of 41
Case 2:09-cv-00995
SERVICE
LIMOUSINE
2
3
Nevada
Document 1
VEGAS, INC. does business in Clark County,
LAS
OF
belief, Defendant DESERT CAB, INC. is and
5
State of Nevada.
6
Clark
County,
a
Nevada
9
NEVADA
11
TRANS.
12
13
14
CORPORATION,
the state of Nevada, and
39. The Defendants
DOE
a
EMPLOYEES
ignorant
16
When the true
17
to name
said defendants.
18
herein
DOE EMPLOYEES
19
40. For
ease
business
does
of the true
names
names
are
Defendants"
paragraphs
22
"Defendant Drivers." All Defendants,
23
as
26-38
are
so
fictitious names; the Plaintiff is
designated by
will be
in
some
paragraphs
manner
to
said fictitious
amend the
collectively
referred to
as
including Chong,
names.
Complaint
designated
for the events herein.
12-25 will be
"Defendant Clubs."
21
24
1-1000
responsible
or
BELL
natural person, citizen of
Plaintiff believes that each of the Defendants
to
as
by profession.
of use, the Defendants named in
the "Club
a
discovered, Plaintiff will seek leave
are
existing
and
County, Nevada
in Clark
of the individuals
20
as
On information and belief, BELL TRANS A
taxi cab driver
15
as
a
belief, TONY CHONG ("Chong"), is
BELL TRANS A NEVADA CORPORATION is
belief, Defendant
and
10
at all times
DESERT CAB COMPANY and ODYESSY LIMOUSINE.
as
8
at
existing
and
was
belief, DESERT CAB, INC., does business in
On information and
was
Page 10 of 41
BLS LIMOUSINE SERVICE OF LAS VEGAS.
as
4
7
Filed 06/02/2009
collectively
referred
Defendants named
in
the "Driver Defendants"
or
The
will be
collectively
referred to
the "Defendants."
/./././
'(UMMER KAEMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
785541_1.DOC
[Client-Matter]
Page
10 of 41
Case 2:09-cv-00995
Document 1
41. This Court has
original jurisdiction
§ 1332(d),
over
this action pursuant to the Class Action
(a)
3
Fairness Act, 28 U.S.C.
4
is
5
$5,000,000, exclusive of interest and costs, and (c)
6
subsection
7
8
9
42.
a
citizen of
a
apply
Specifically,
12
13
14
15
16
17
18
19
20
least
at
(b)
member of the
one
putative
class
the amount in controversy exceeds
of the
none
exceptions
under that
to the instant action.
injunctions sought easily
the cost and value of the
exceed $5,000,000,
exclusive of interest and costs.
43. Venue is proper before this Court under 28 U.S.C.
§ 1391(b) and
28 U.S.C.
§ 1391(c).
GENERAL ALLEGATIONS
continuing
44. For the past five years, and
operated
off of the
to
the present date, the Defendant Clubs have
Strip.
45. As is most often the case, to visit the Defendant
transportation
must
use
are
currently providing
47. Defendant
an
the
Defendant Clubs that
largest illegal
provide
a
kickbacks to Defendant Drivers.
customers
largest
from
their chosen
Knowingly making
false
destination
to
the
kickbacks.
48. Defendant Drivers will attempt to divert customers in the
a.
own
incentive to deliver customers to those Defendant Clubs that
divert
often
Drivers
Clubs, individuals without their
the services of Defendant Drivers.
46. Defendant Drivers have
following
representations regarding
the
ways:
quality
of services and
amenities offered at certain Clubs; and
21
22
because
different from Defendants,
state
10
11
Page 11 of 41
JURISDICTION AND VENUE
1
2
Filed 06/02/2009
b.
Knowingly making
(e.g.,
23
clubs
24
or even
that
burned
a
false
particular
the business status of certain
club is closed, shut down, has gone out of business,
down).
RENSHAW & FERRARIO
Seventh Floor
Las Ve•jas, Nevada 89169
785541_1.DOC [Client-Matterl
Page
11 of 41
Case 2:09-cv-00995
49. In
provide
Page 12 of 41
drop
to
off customers at locations that
kickbacks to Defendant Drivers.
3
50. Defendant Drivers collect
4
the Defendant Clubs.
51. Defendant Clubs
5
Filed 06/02/2009
instances, Defendant Drivers will refuse
some
do not
2
Document 1
estimated $100 for each customer that is diverted
an
individually
pay
much
as
to one
$100,000 per week in kickbacks
as
of
to the
Defendant Drivers.
6
7
52. As
8
in
9
53. A
industry
illegal
believe, Defendant Clubs pay
sources
portion
paid
of the money
paid by
out
kickbacks is derived from the
as
customer at the door of
the monies
11
collected from the customers.
a
13
which is then diverted to the Driver
14
Internal Revenue Service
55. To recoup the
16
a
17
profit,
a.
sums
by
paid
when in fact
19
lower
price;
b.
20
"Watering
22
c.
Falsely stating
they
liquor
down"
lower than what is
21
that
to customers
liquor
are
24
first instance; and
charges,
income to the
as
goods
or
to the
to
presumably
to make
practices, including:
are
lower
and other drinks
the amount
customer to pay for
they
selling
represented
23
reported
Drivers, and
in kickbacks to Defendant
18
not
cover
any of the Defendants.
Defendant Clubs utilize anti-consumer
Representing
gain admittance)
Defendant Clubs from
Defendants, is
charges (e.g.,
cover
Defendant Club to
a
by
54. On information and belief, the income derived
15
million dollars
kickback per year.
10
12
forty
estimated
out an
selling
them
high quality, expensive
quality liquor,
which sells at
a
much
that their alcohol concentrations
so
are
customer;
actually
owed
services that
they
by customers,
never
received
and
or
forcing
the
ordered in the
(UMMER K•EMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
Las
Vegas. Nevada
89169
78554
Page
12 of 41
Case 2:09-cv-00995
Making customers, by
d.
1
Document 1
2
Clubs.
3
56. This kickback scheme is
Filed 06/02/2009
Page 13 of 41
force,
turn over money
force
pervasive
so
threat of
or
Chong himself admitted
that it is
Defendant
5
local reporter that it would be unfair to end the
6
his and his
7
57. In November
2008,
to
8
unidentified taxi driver
9
four guys
right,
as
strip
the
follows:
"When
club will pay
take
a
The report found that taxi drivers
11
concluding
12
the cabs. It's been this way for years in Las
that "Clubs that don't pay,
Stripped:
provides
Twenty
Jordan
15
way this extortion
16
dozen dead tourists and Las
17
behavior."
a
practice
to
or
of
Years
a
person to the
person to
routinely
on
drop
strip club,
them off.
an
say like
It doesn't
lied and mislead passengers,
pay less than what others shell out, don't get
Vegas.
''2
Secrets From Inside the
would end will be "with
Vegas
a
scheme and take money out of
full insider's view of this scheme.
14
one
Strip Club, by
Jordan worried that the
cab,
wrecked
pile
a
the national media hot seat for 'our'
Brent
only
of half-a-
irresponsible
3
EFFECT ON LAS VEGAS
18
19
we
$50
us
matter where."
58. A book
brazenly stating
''l
10
13
illegal
Vegas. Indeed,
investigative report by George Knapp quoted
I-Team
an
in Las
the existence of the scheme,
4
co-conspirators "pockets.
"open secret"
an
to Defendant
59.
Only
a
20
illegal
21
are
small percentage of taxi and limousine drivers in Las
actions described in this
honest and
Complaint.
Most
Vegas
transportation
are
involved in the
workers in Las
Vegas
operate within the law.
22
23
24
RENSHAW & FERRARIO
Defendant
available
at:
Chong's
2
Id.
3
Brent
Las
Hughes parkway
Vegas. Nevada 89169
a news
Jordan, Stripped: Twenty Years of Secrets
Seventh Floor
800 Howard
comments appear in
report by Channel 8 Las Vegas Now Eyewitness News,
http://www.lasvegasnow.com/Global/story.asp?S-9340821&nav=menu102
From Inside the
Strip Club,
136
2
(Satsu
Press
2005).
Page
13 of 41
Case 2:09-cv-00995
60. As
Document 1
Filed 06/02/2009
Defendants, the entire transportation industry in Las
result of the actions of the
a
playing
2
Vegas
3
incentive to take customers to Clubs that
4
customers
5
particularly,
6
during
7
obtain
8
does not operate
kickback for
provide kickbacks,
This has
negative impact
a
dollars in
ll
deprives local,
12
Las
13
discouraged
charges
cover
Vegas
them.
give illegal
are
subjected
from
ever
returning
kickbacks
are
16
their drivers less and
17
the drivers
18
are
19
and the Defendant Clubs.
20
Vegas
21
/./././
22
/./././
workers in Las
to
reported,
the Defendant's
to Las
reducing
of
have been
a
the
City
they
cannot
of Las
Vegas.
through
fair wage and benefits
And
as
an
Millions of
and thus not taxed.
Finally,
revenue.
visitors to
illegal
fraudulent and
This
acts
are
Vegas.
Complaint
their benefits. The
money
women
service but,
of customers.
also
negatively
Vegas. Taxi and Limousine companies
already making
are
deprived
deprived
are
not
62. The actions of the Defendants described in this
transportation
transportation
on
state, and federal government entities from
15
families and
on
via
economic effects
and kickbacks
who
strong
4
negative
scheme also has
10
Vegas
a
and at times will not drive
unable to because the Defendant Drivers know
transporting
Businesses that refuse to
9
14
are
Defendant Drivers have
field.
who often need to travel within Las
illegal
61. This
level
a
other locations.
to
certain hours,
a
on
Page 14 of 41
by
companies justify
small
end up
paying
by saying
minority
important corollary,
of
unscrupulous
that
Vegas
Honest drivers in Las
kickbacks.
a
this
affect honest
drivers
the taxi cab unions in Las
seriously undermined.
23
24
RENSHAW & FERRARIO
4
practice,
Eyewitness
and its effects on women, have been
results
The
News.
Now
are
http://www.lasvegasnow.com/global/story.asp?S 10147297.
This
Seventh Floor
800 Howard Hughes
Las Vegas, Nevada
Parkway
89169
785541_1
.DOC
[Client-Matter]
investigated
detailed
reported
and
in
a
on
by
story
Channel 8 Las
available
Page
Vegas
at:
14 of 41
Case 2:09-cv-00995
Document 1
January 17, 2009, Plaintiff
2
63. On
or
around
3
64. On
or
around that
4
65.
6
Upon entering
Again Sam,
66. Plaintiff
7
believing
8
told
date, Plaintiff boarded
vehicle, Plaintiff told
the
located at 4120
discouraged
was
Spring
from
that his chosen destination
him,
"There
are
better clubs than
10
b.
"There
are
better
11
c.
"The
girls
12
d.
"Play
it
13
e.
"I'll take you to
was
are
Play
16
68. The
17
Sam
or
Vegas.
was
Play
Caesar's Palace.
at
the driver his intended destination
Vegas,
to his chosen
it
NV 89102.
destination,
somehow undesirable.
and
was
Specifically,
misled into
the driver
clubs";
Sam is kinda
sketchy";
a
to divert
representations
was
an
Again Sam";
better at other
Again
attempt
it
clubs";
and
better club."
67. The purpose and intention behind the
divert
taxi cab
a
Las
inter alia:
a.
15
Trapp visited the City of
Theodore
Mountain Rd. Las
traveling
9
14
Page 15 of 41
ALLEGATIONS AS TO THE NAMED PLAINTIFF
1
5
Filed 06/02/2009
foregoing
statements made
being
Play
Plaintiff from
taken to
of the driver deceived the Plaintiff into
by
the driver
Again
Sam.
believing
that
it
Play
were
it
to
Again
undesirable club.
intentionally
omitted to inform Plaintiff of the fact that the driver would
kickback
diverting
18
69. The driver
19
receive
20
SPEARMINT RHINO and concealed the fact that the diversion of customers to certain
21
Defendant Clubs
22
Clubs.
23
24
70. As
a
a
for
was
a
pervasive practice
result of the driver's false
driver to take him to
a
Plaintiff from
Play
it
Again
Sam
to
Defendant
among Defendant Drivers and Defendant
representations
destination other than the
and
one
omissions, the Plaintiff allowed
the
requested.
•UMMER K•EMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
LasVegas, Neva• 89169
785541_1.DOC
[Client-Matter]
Page
15 of 41
Case 2:09-cv-00995
71.
Document 1
Instead, Plaintiff
2
RHINO, where,
3
diverting
taken to
was
a
Filed 06/02/2009
Club owned and
5
a.
the Plaintiff from
Obtaining
operated by
information and belief, the driver received
on
Play it Again
Defendant SPEARMINT
a
significant
knowingly
from Defendant SPEARMINT RHINO
belief, approximately $100, which
and for the purpose of:
kickback
a
of,
7
Defendant SPEARMINT RHINO would collect from the Plaintiff
8
was
9
kickback
b.
10
scheme);
Obtaining
a
supposedly
more
11
sum
Defendant SPEARMINT
tip
that would result from
that
taking
the Plaintiff to
a
desirable destination.
larger
13
of
inducing
Plaintiff into
paying
14
of
diverting
Plaintiff
Defendant Club who
15
which is often
applied
(a charge
and
favorable
to a
that
RHINO due to the existence of the
73. The driver made the statements to the Plaintiff about
12
charge
included the admission
and
by
information
on
6
inflated
kickback for
Sam.
72. The driver made such statements and omissions
4
Page 16 of 41
a
Play
it
Again
cab fare and resultant
charges
an
tip
increased
Sam for the purpose
and for the purpose
charge,
cover
all of
towards the kickback.
CLASS CERTIFICATION ALLEGATIONS
16
74. Plaintiff seeks certification of
17
a
class
("The Class")
under Rule
23(b)(2),
defined
18
follows:
19
20
All persons who have or will travel to Defendant Clubs via Defendant Drivers, or
otherwise has attended such Defendant Clubs in the past or will attend such
Defendant Clubs in the future.
21
Excluded from the Class
22
members of their
23
predecessors,
24
interest and their current
are
1)
any
Judge
or
Magistrate presiding
over
this action and
families; 2) Defendants, Defendants' subsidiaries, parents,
and any
entity
or
in which the Defendants
former
employees,
or
their parents have
officers and directors;
as
successors,
a
controlling
3) persons who
RENSHAW & FERRARIO
Seventh Floor
Las Vegas. Nevada 89169
78554
I_I.DOC
[Client-Matter]
Page
16 of 41
Case 2:09-cv-00995
1
properly
2
representatives,
3
4
5
Document 1
execute and file
76. There
are
joinder
predominate
7
These
8
(a)
over
10
than the
(b)
by diverting
directed
by
are
attempting
or
to the class and such
commercial establishments;
are
for
in violation of Clark
taxi and limousine drivers for the
16
to
19
to
20
(e)
(f)
Statute
destination other
customers
delivery
from
8.20.297
by
of customers
respective Clubs;
are
in violation of Las
Vegas Ordinance 6.06.195 by
cash payments to taxi and limousine drivers for the
delivery
of customers
respective clubs;
Whether Defendants
are
in violation of Nevada's Consumer Fraud Act, N.R.S.
Whether Defendants
are
in violation of Nevada's Racketeer Influenced and
Corrupt Organizations Act, N.R.S. 207.470;
23
24
their
questions
41.600;
21
22
to
Whether Club Defendants
making
such,
Revised
County Ordinance
making
payments
a
diverting prospective
15
18
As
in violation of Nevada Administrative Code
are
(d)
common
in violation of Nevada
Whether Club Defendants
17
legal
individual members.
to divert passengers to
by accepting cash payments
13
their
the
the passenger;
Whether the Driver Defendants
cash
4)
and
include:
706.552
(c)
common
questions affecting only
12
14
class;
100,000 members of the Class.
over
are
of fact and law
the
one
for exclusion from the
of any such excluded persons.
Whether the Driver Defendants
706.8846
Page 17 of 41
impracticable.
is
questions
common
9
11
assigns
belief, there
questions
6
timely request
successors or
individual
a
Filed 06/02/2009
1.1.1.1
RENSHAW & FERRARIO
Seventh Floor
Page
17 of 41
Case 2:09-cv-00995
(g)
Filed 06/02/2009
Whether the Plaintiff and the Class
entitled
are
77. Plaintiff's claims
relief, and the
to
nature of such
of the claims of other members of the Class,
typical
are
wrongful
alleged here,
conduct
4
claims arise out of the
5
kickbacks to divert customers to Defendant Clubs.
6
Page 18 of 41
relief.
2
3
Document 1
fairly
78. Plaintiff will
same
adequately represent
and
which is the
as
their
payment of
and protect the interests of the Class
7
members, and has retained counsel competent and experienced in complex class
8
actions. Plaintiff has
9
79. This class action is also
10
refused to act
11
final
injunctive
12
as a
whole. The
13
of the Class
14
conduct,
15
16
not
interest
no
appropriate
19
to those of the members of the Class.
for certification because Defendants have acted
grounds generally applicable
on
policies
uniformly,
on
facts
or
of the Defendants
law
challenged
challenge
and Plaintiff's
applicable only
to
or
Class, thereby making appropriate
to the
corresponding declaratory
relief and/or
relief with respect to the Class
apply
herein
and affect members
policies hinges
of these
on
Defendants'
Plaintiff.
ALLEGATIONS RELATING TO VIOLATIONS OF THE NEVADA RACKETEER
(N.R.S.
INFLUENCED & CORRUPT ORGANIZATIONS ACT
(against
17
18
antagonistic
The RICO Club
80. The
following
all
207.470
Defendants)
Enterprises
Club Defendants
are
each, individually,
POPPA'S, LLC,
an
"enterprise"
20
meaning
21
d/b/a
22
Corporation
23
CHEETAH'S; C.P. FOOD AND BEVERAGE, INC.,
24
PARADISE; DI•JA VU SHOWGIRLS OF LAS VEGAS, LLC,
of NRS 207.380:
BADDA
seq.)
et
BING
BIG
MEN'S
CLUB;
SKY
a
liability
Nevada limited
INC.,
VENDING,
TOP
d/b/a CAN CAN ROOM; LA FUENTE, INC.,
a
a
Nevada
within the
company
a
Nevada
corporation
Nevada
corporation
a
d/b/a
d/b/a CLUB
Nevada limited
RENSHAW & FERRARIO
Seventh Floor
785541_1.DOC
[Client-Matter]
Page
18 of 41
Case 2:09-cv-00995
liability
Document 1
company d/b/a
Dt•J,•
Filed 06/02/2009
VU
SHOWGIRLS; PALOMINO CLUB, INC.,
2
corporation
3
d/b/a SAPPHIRE; K-KEL, INC.,
4
D.2801
5
DARLINGS OF LAS VEGAS, LLC,
6
DARLINGS; O.G. ELIADES, A.D., LLC,
7
OLYMPIC GARDENS;
8
liability
9
SALTMAN d/b/a MINXX; and RICK'S LAS VEGAS,
d/b/a PALOMINO CLUB; SHAC, LLC,
INC.,
WESTWOOD,
Club entities is
11
and/or other
legal entity.
12
affairs of
association-in-fact
13
14
15
At all relevant
times,
enterprise
including
the
racketeering
liability
a
public
LITTLE
company d/b/a
Nevada limited
a
CLUB;
HUSTLER
MICHAEL
A.
Each of these
company.
business
trust
the Club Defendants each conducted the
within the
activities herein
company
company d/b/a LITTLE
ENTERTAINMENT, LLC,
meaning
legitimate
81. Each of the named Club defendants engages in
of NRS 207.380.
illegitimate activities,
and
alleged.
82. At all times relevant, each of the Club Defendants obtained and/or maintained control of
interest in their Club
16
an
17
activity
18
an
a
liability
proprietorship, partnership, corporation,
sole
RICO
liability
Nevada
d/b/a SPEARMINT RHINO;
Nevada limited
a
a
d/b/a TREASURES;
Nevada limited
FLYNT'S
LARRY
10
corporation
Nevada
a
Nevada limited
a
corporation
Nevada
a
LAS VEGAS
d/b/a
company
a
Page 19 of 41
herein
operations through
both
legitimate activity
and the
alleged.
83. At all times relevant, each of the Club Defendants used and invested the
19
racketeering activity
20
herein
The RICO Club Criminal
22
84. The
following Club
meaning
24
d/b/a BADDA
alleged
promotion
in and for the
proceeds
of the
and continuation of the
described herein.
21
23
racketeering
Syndicates
Defendants
are
each, individually,
of NRS 207.370: BIG POPPA'S,
BING
MEN'S
CLUB;
LLC,
SKY
a
a
"Criminal
Syndicate"
Nevada limited
TOP
VENDING,
within the
liability
INC.,
company
a
Nevada
RENSHAW 8= FERRARIO
Seventh Floor
LasVegas. Nevada 89169
785541_1.DOC
[Client-Matter]
Page
19 of 41
Case 2:09-cv-00995
Corporation
Document 1
Filed 06/02/2009
Page 20 of 41
d/b/a CAN CAN ROOM; LA FUENTE, INC.,
CHEETAH'S; C.P. FOOD AND BEVERAGE, INC.,
a
corporation
Nevada
a
corporation
Nevada
PARADISE; DI•JA VU SHOWGIRLS OF LAS VEGAS, LLC,
liability
DI•J,•
company d/b/a
d/b/a PALOMINO CLUB; SHAC, LLC,
corporation
6
d/b/a SAPPHIRE; K-KEL, INC.,
7
D.2801
8
DARLINGS OF LAS VEGAS, LLC,
9
DARLINGS; O.G. ELIADES, A.D., LLC,
INC.,
WESTWOOD,
Nevada
a
a
corporation
Nevada limited
a
liability
12
SALTMAN d/b/a MINXX; and RICK'S LAS VEGAS,
13
operations
14
racketeering activity,
15
individual members of the criminal
16
or
17
multiple
18
not as the
19
The RICO Driver
20
85. The
FLYNT'S
LARRY
d/b/a SPEARMINT
RHINO;
d/b/a TREASURES;
LITTLE
liability
company d/b/a LITTLE
liability
Nevada limited
CLUB;
HUSTLER
a
a
company d/b/a
public
MICHAEL
company.
leave the
organization.
following
The
employees
persons and
unique
continued
act of any
for many
engaging
and will continue
years,
syndicate (employees
of the Club
racketeering activities alleged herein
of the Club Defendants
particular
in
as
enter
engaged
function of the
as a
even
Defendants)
were
A.
The unlawful
of each of the listed Club Defendants, which consists of
have
Nevada
company
ENTERTAINMENT, LLC,
11
LAS VEGAS
a
liability
Nevada limited
OLYMPIC GARDENS;
d/b/a
Nevada limited
a
Nevada limited
corporation
Nevada
a
a
10
company
d/b/a CLUB
SHOWGIRLS; PALOMINO CLUB, INC.,
VU
d/b/a
in
entity
by
and
individual.
Enterprises
Driver Defendants
are
each, individually,
of NRS 207.380: FRIAS MANAGEMENT,
an
LLC,
"enterprise"
within the
liability
21
meaning
22
company d/b/a ACE CAB COMPANY and A-NORTH LAS VEGAS CAB; WESTERN
23
CAB
24
WESTERN
COMPANY,
a
Nevada
corporation
d/b/a WESTERN
a
Nevada limited
CAB
COMPANY
LIMOUSINE, NEVADA CHECKER CAB CORPORATION,
a
and
Nevada
RENSHAW & FERRARIO
Seventh Floor
78554
Page
20 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 21 of 41
1
corporation
2
CORPORATION,
a
3
YELLOW
CORPORATION,
4
COMPANY; LUCKY CAB COMPANY OF NEVADA,
5
LUCKY
6
COMPANY; CLS NEVADA, LLC,
7
TRANSPORTATION
8
Nevada limited
9
TRANSPORTATION; BLS LIMOUSINE SERVICE OF LAS VEGAS, INC.,
CHECKER
d/b/a
CAB
TRANS;
corporation
Nevada
a
CAB, INC.,
SUN
COMPANY;
CAB
dgo/a STAR
a
Nevada limited
Nevada
liability
SEDAN
a
a
Nevada
VEGAS; DESERT CAB, INC.,
a
12
BELL
13
TRANS; and TONY CHONG,
14
sole
15
all relevant times, the Driver Defendants each conducted the affairs of
16
fact
17
Defendants engages in
18
activities herein
d/b/a DESERT CAB COMPANY and ODYSSEY LIMOUSINE;
corporation
A NEVADA
CORPORATION,
an
within the
meaning
legitimate
and
a
Nevada
corporation
d/b/a BELL
Each of these RICO Driver entities is
individual.
proprietorship, partnership, corporation,
legal entity.
business trust and/or other
of NRS
an
illegitimate activities, including
a
At
association-in-
Each of the named
207.380.
the
Driver
racketeering
alleged.
Syndicates
19
The RICO Driver Criminal
20
86. The
21
the
22
company d/b/a ACE CAB COMPANY and A-NORTH LAS VEGAS
23
CAB
24
WESTERN
meaning
CAB
SERVICES, LLC,
11
d/b/a BLS LIMOUSINE SERVICE OF LAS
following
d/b/a
company d/b/a CLS
corporation
enterprise
corporation
company d/b/a ODS LIMOUSINE and ODS CHAUFFEURED
liability
TRANS
CAB
d/b/a NELLIS
10
Nevada
YELLOW
d/b/a
corporation
Nevada
VEGAS; ON DEMAND
LAS
a
CAB
STAR
COMPANY; NEVADA
CAB
corporation
Nevada
a
NEVADA
Driver Defendants
are
each, individually,
of NRS 207.370: FRIAS MANAGEMENT,
COMPANY,
a
Nevada
corporation
an
"Criminal
LLC,
d/b/a WESTERN
a
Syndicate"
Nevada limited
CAB
within
liability
CAB; WESTERN
COMPANY
LIMOUSINE, NEVADA CHECKER CAB CORPORATION,
a
and
Nevada
RENSHAW & FERRARIO
Seventh Floor
800 Howard
Hughes Parkway
785541_1.DOC
[Client-Matter]
Page
21 of 41
Case 2:09-cv-00995
corporation
Document 1
Filed 06/02/2009
CHECKER
d/b/a
corporation
a
YELLOW
CORPORATION,
CAB
Nevada
COMPANY;
CAB
CORPORATION,
Page 22 of 41
corporation
COMPANY; LUCKY CAB COMPANY OF NEVADA,
TRANS; SUN CAB, INC.,
LUCKY
corporation
Nevada
a
d/b/a
Nevada
a
YELLOW
CAB
corporation
d/b/a
liability
company d/b/a CLS
COMPANY; CLS NEVADA, LLC,
7
TRANSPORTATION
8
Nevada limited
9
TRANSPORTATION; BLS LIMOUSINE SERVICE OF LAS VEGAS, INC.,
LAS
liability
Nevada limited
VEGAS; ON DEMAND
corporation
11
a
12
BELL
13
TRANS; and TONY CHONG,
14
listed Driver Defendants, which consists of
15
continued for many years, and will continue
16
17
racketeering
18
employees
19
of any
d/b/a BLS LIMOUSINE SERVICE OF LAS
corporation
CORPORATION,
an
of the Driver
activities
alleged
20
87. The unlawful
21
engaging
22
as
23
enter
a
Nevada
corporation
Nevada
operations
even
were
as a
as
d/b/a BELL
of each of the
in
have
enter
engaged
function of the
leave the
or
organization.
by multiple
in
entity
and not
as
The
persons
the
unique
and
act
individual.
operations
of each of the listed Driver Defendants, which consists of
leave the
a
engaging
Defendants)
have continued for many years, and will continue
or
a
VEGAS; DESERT CAB, INC.,
individual. The unlawful
herein
of the Driver Defendants
particular
SERVICES, LLC,
d/b/a DESERT CAB COMPANY and ODYSSEY LIMOUSINE;
A NEVADA
TRANS
in
SEDAN
company d/b/a ODS LIMOUSINE and ODS CHAUFFEURED
10
Nevada
CAB
d/b/a NELLIS
6
a
CAB
STAR
COMPANY; NEVADA
d/b/a STAR CAB
Nevada
a
NEVADA
organization.
The
racketeering
activities
of the Driver
alleged
herein
even
Defendants)
were
engaged
24
(UMMER KA•MPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
800 Howard
Hughes Parkway
785541_1.DOC
[Client-Matter]
Page
22 of 41
Case 2:09-cv-00995
by multiple
1
in
2
entity
and not
Document 1
employees
persons and
as
the
unique
Filed 06/02/2009
act of any
of the Driver Defendants
particular
3
The Predicate Acts of the Driver Defendants
4
88. The
predicate
acts that
Page 23 of 41
as
individual.
represent racketeering activity conducted by the RICO Driver
Syndicates
multiple
5
Enterprises,
6
property
7
takings
8
pretense, knowingly and designedly, and with the intent
9
customer, obtained additional cab fare from their customers, and
and the RICO Driver Criminal
include
amounting
from another under circumstances not
was
function of the
a
to
robbery.
Each of these
cheat
charge their
knowingly
designedly
ll
admission fee that would then be
12
violations
13
thousands, of other
customers
14
activity.
These acts
were
15
objective
of the Defendants to defraud customers of the Driver Defendants.
diverted their customers to clubs that would
were
paid
back
committed upon the Plaintiff and
89. These acts all shared
in
an
connected
common
ongoing
as
customers
the Driver in the form of
to
to
thousands, and perhaps
plan,
a common
methods in that each
a
was
by
acts all included acts of
higher
tens
of
racketeering
of conduct, and
course
committed
and
kickback. Said
a
and continuous pattern of
part of
false
defraud the
or
10
16
though
unlawful pursuant to N.R.S. 205.380. The Driver Defendants,
to
taking
of
acts
and under the
fraud, deception,
17
direction each of the Driver Defendants. These
18
and false pretense and with intent to cheat in order to obtain money from the customer
19
that the customer would otherwise not have
2O
and false pretense.
21
occurred in the five years
22
present time. The conduct herein described
23
uninterrupted
paid
These acts had sufficient
for years and
without such acts of
continuity
preceding January 18, 2009,
permeated
the
was
ongoing
manner
fraud, deception,
and duration in that
including
the
persisted continuously
and
and up to and
and
they
in which the Driver Defendants
24
RENSHAW & FERPJ•RIO
Seventh Floor
785541_1.DOC
[Client-Matterl
Page
23 of 41
Case 2:09-cv-00995
Document 1
They
pose
and the
gains
1
conducted their business.
2
unless halted
3
90. The
by
repetition
threat of
a
Page 24 of 41
and will continue to
4
Defendants in
5
customers.
6
commercial ventures and
7
otherwise been able to afford.
amount
an
at
obtained therefrom have enriched the Driver
equal
least
wrongfully
the money
to
participate
8
The Predicate Acts of the Club Defendants
9
91. The
acts that
projects
in similar
taken from their
ability
The fraud also enhances the Driver Defendants
predicate
they
that
represent racketeering activity conducted by the RICO Club
Syndicates
multiple
11
property from another under circumstances
12
takings
13
pretense, knowingly and designedly, and with the intent
14
customer, obtained additional admission from their customers, and
15
designedly paid
16
from their otherwise intended and
17
Club Defendants could then
18
represent
19
to the Driver.
20
perhaps
21
racketeering activity.
22
course
23
conduct with the purpose and effect of
and the RICO Club Criminal
tens
the Drivers
a
kickback
of thousands, of other
of conduct,
plan,
These acts
and
destination
actually
Said violations occurred
objective
to cheat
taking
Each of these
or
though
false
defraud the
knowingly
in
to the
and
The
falsely
kickback fee that the Club would pay
a
plaintiff
ongoing
an
to engage in
a
and to
thousands, and
and continuous pattern of
all related to each other
defrauding
Club Defendant.
fee that the Club would
a
named
to the
customers
were
robbery.
The Club Defendants,
the customer
was
to
of
acts
that the Drivers would divert their customers
requested
assess
admission fee, but
so
include
amounting
not
unlawful pursuant to N.R.S. 205.380.
an
other
would not have
Enterprises,
was
acquire
to
10
was
occur
this action.
perpetrated
fraud
Filed 06/02/2009
as
part of
a common
continued and concerted
course
of
the customers of the Club Defendants.
24
Seventh Floor
Vegas,
Nevada 89169
Las
78554
Page
24 of 41
Case 2:09-cv-00995
Document 1
92. These acts all shared
Filed 06/02/2009
methods in that each
common
direction each of the Club Defendants.
3
and false pretense made with the intent
4
customers would
otherwise
5
pretense. These
acts had
6
five years
7
conduct herein
8
years and
9
They
10
93. The fraud
paid
preceding January 18, 2009,
alleged
permeated
pose
was
the
ongoing
manner
threat of
repetition
perpetrated
and the
a
without such acts of fraud,
and will continue to
of money
sums
result of these acts, the Club Defendants have
14
commercial
15
not have
16
94. From at least
RICO Driver Criminal
19
repeated
Because of the
properties
large
and
following
Taking Property
a.
21
Robbery.
rent
or
labor
equal
by
false
to the money
of money
sums
from
pretenses),
for
by
this action.
therefrom have
wrongfully
taken
wrongfully generated
an
enhanced
ability
participate
in similar
projects
Syndicates,
to
as a
acquire
other
they
would
that
the present
the RICO Driver
and
date,
the RICO Club
Enterprises,
and the
continuously engaged
in
violation:
Another
states in
Circumstances
under
95. The Nevada Omnibus Theft Crime statute, N.R.S.
23
uninterrupted
unless halted
Syndicates repeatedly, systematically
instances of the
and
The
afford.
the RICO Club Criminal
20
22
an
occur
January 18, 2004, through and including
18
occurred in the
wrongfully generated
amount at least
13
Enterprises,
and false
in which the Club Defendants conducted their business.
from their customers.
17
deception,
the present time.
persisted continuously
and
12
to
including
and up to and
enriched the Club Defendants in
otherwise been able
and under the
deception,
they
and duration in that
ll
ventures and
by
committed
obtain money from customers that such
to
continuity
sufficient
was
These acts all included acts of fraud,
2
not have
Page 25 of 41
§
205.380
Not
(Obtaining
Amounting
money,
to
property,
part:
A person who knowingly and designedly by any false pretense obtains
from any other person any chose in action, money, goods, wares, chattels,
24
RENSHAW & FERRARIO
Seventh Floor
785541_1.DOC
[Client-Matter]
Page
25 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 26 of 41
effects or other valuable thing, including rent or the labor of another
person not his employee, with the intent to cheat or defraud the other
person, is a cheat, and, unless otherwise prescribed by law, shall be
1
2
punished:
3
4
§ 205.0832(a),
96. In violation of N.R.S.
Enterprises,
and
Driver
6
designedly, by
7
cheat and/or defraud their customers.
9
Syndicates, knowingly
and
false pretense, obtained money from their customers with the intent to
97. In violation ofN.R.S.
Enterprises,
Defendants, acting through the RICO
Criminal
Driver
RICO
the
5
8
the Driver
§ 205.0832(a),
acting through
the Club Defendants,
and the RICO Club Criminal
Syndicates, knowingly
and
the RICO Club
designedly, by
10
false pretense, obtained money from their customers with the intent to cheat and/or
11
defraud their customers.
12
foregoing takings
98. The
13
robbery constitute
14
Nevada RICO Statute, N.R.S.
15
Nevada RICO
16
99. As
a
(money)
of property
violation of N.R.S.
§ 205.380, which is
a
predicate
amounting
to
under the
act
§ 207.360(9).
Injury
direct and immediate result of the
a
under circumstances not
foregoing
of
acts
obtaining
money under false
17
pretenses, the Driver Defendants, acting through the RICO Driver Enterprises, and the
18
RICO Driver Criminal
19
wrongfully acquired substantial
20
and members of the class.
21
substantial monetary losses
22
acts of
23
24
100.As
a
obtaining
Syndicates,
have conducted
sums
of money which
a
rightfully belong
and have
to the Plaintiff
The Plaintiff and members of the class have suffered
as a
direct and immediate result of the Driver Defendants'
money under false
pretenses in
direct and immediate result of the
an
foregoing
amount to be
acts of
determined
obtaining
at
trial.
money under false
pretenses, the Club Defendants, acting through the RICO Club Enterprises, and the
RENSHAW & FERRARIO
Seventh Floor
800 Howard
Las
Vegas,
Hughes Parkway
Nevada
89169
Page
26 of 41
Case 2:09-cv-00995
Document 1
Syndicates,
RICO Club Criminal
2
wrongfully acquired
3
and members of the class.
4
substantial monetary losses
5
of
obtaining
Filed 06/02/2009
substantial
have conducted
Page 27 of 41
a
rightfully belong
of money which
sums
to
and have
the Plaintiff
The Plaintiff and members of the class have suffered
direct and immediate result of the Club Defendants' acts
as a
pretenses in
money under false
an
amount to be
determined
trial.
at
COUNT I
6
(VIOLATION
7
STATUTE)
OF NEVADA RACKETEERING
(N.R.S. § 207.400(1)(a)(2))
8
(As
9
101.Plaintiff
10
realleges
incorporates
and
Defendants)
to Club
foregoing allegations
the
as
though
fully
set forth
herein.
ll
N.R.S.§ 207.400(1)(a)(2),
12
102.In violation of
13
income derived,
14
the establishment
15
unlawful diversion and the unlawful
16
to pay
17
acquisitions
directly
or
operations
or
indirectly,
operation
of the
the RICO Club
from the
charges assessed
enterprises
that
engaged
to the
diverted customers is used
in the unlawful
of additional ventures that also engage in the unlawful
19
direct, proximate, and foreseeable result of
20
well
21
WHEREFORE, Plaintiff requests that this Court:
22
a.
as
the
racketeering activity alleged
Certify
this
action
Representative
23
b.
24
Enter
an
order
as
a
activity
and for
activity.
to
suffer
injury
Enterprises predicate
as
acts
a
as
herein.
class
and his counsel
the RICO Club
in
that is collected from the
103.Plaintiff and the members of the class have suffered and continue
18
have invested
racketeering activity alleged herein,
enterprises. Money
of their
Enterprises
as
action
and
designate
Plaintiff
Class
as
Class Counsel.
permanently enjoining
the Defendants
from
continuing
the
RENSHAW & FERRARIO
Seventh Floor
800 Howard
Las
Vegas,
Hughes Par•way
Nevada
89169
78554
I_I.DOC
[Client-Matter]
Page
27 of 41
Case 2:09-cv-00995
criminal
1
2
Enter
c.
Document 1
operation
and activities
order, pursuant
an
Filed 06/02/2009
alleged
as
N.R.S.
to
Page 28 of 41
herein.
§ 207.460,
that all property, real and
used, derived, gained,
3
personal, including
4
violation of N.R.S. 207.400, be seized and forfeited
5
this Court.
Award Plaintiff and the Class costs and reasonable
d.
6
currency, found to be
prosecution
connection with the
7
8
(VIOLATION
13
14
(As
realleges
104.Plaintiff
105.As
a
to Club
incorporates
and
§
207.470.
equitable
and
just.
STATUTE) (N.R.S. § 207.400 l(b))
Defendants)
the
16
control of their
17
adding
106.This
racketeering activity engaged
direct result of the
through
Enterprises,
the RICO Club
though
as
fully
set forth
significant
a
source
makes it unlawful for
20
directly
or
in
by
the Club Defendants,
the Club Defendants maintained their interest and
indirectly,
a
of
revenue
to
the
operations
of the Clubs.
§
violates Nevada RICO Statute, N.R.S.
person,
through racketeering activity,
any interest in
or
control of any
to
direct, proximate, and foreseeable result of the foregoing
23
/./././
24
1.1.1.1
207.400
acquire
l(b),
or
which
maintain,
enterprise.
107.Plaintiff and the members of the class have suffered and continue
22
acting
Clubs, thereby enhancing the value of the RICO Club Enterprises, and
19
21
fees incurred in
herein.
15
18
by
method determined
attorney's
this Court deems
11
12
as
invested in
COUNT II
9
10
a
this action pursuant to N.R.S.
Award such other and further relief
e.
by
or
to
suffer
injury
as a
acts.
RENSHAW & FERRARIO
Seventh FIo•r
kas Vegas, Nevada 89169
Page
28 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 29 of 41
1
2
Certify
a.
action
this
Representative
3
b.
4
Enter
criminal
5
6
Enter
c.
and his counsel
order
an
as
and activities
order, pursuant
designate
and
alleged
as
§ 207.460,
to N.R.S.
8
violation of N.R.S. 207.400, be seized and forfeited
9
this Court.
prosecution
12
this action pursuant
e.
as
invested in
or
method determined
by
attorney's fees incurred
in
by
d. Award Plaintiff and the Class costs and reasonable
connection with the
the
herein.
personal, including
11
Class
as
continuing
from
the Defendants
7
10
Plaintiff
Class Counsel.
operation
an
action
class
a
as
to
this Court deems
a
N.R.S.
§
equitable
207.470.
and
just.
COUNT III
13
(VIOLATION
14
(As
15
realleges
108.Plaintiff
16
STATUTE) (N.R.S. § 207.400 l(c))
and
to Club
incorporates
the
Defendants)
forth
fully
taking property
from
though
as
set
herein.
17
109.The
18
predicate
acts
alleged
above constitute substantial acts of
another under circumstances not
19
110.The Club Defendants,
20
acting through
21
Racketeer Influenced and
22
which
23
conduct of the
prohibits
amounting
to
the RICO Club
Corrupt Organizations
any person associated with
enterprise's
robbery
affairs
Act
an
in violation ofN.R.S.
Enterprises,
§
205.380.
have violated Nevada's
("Nevada RICO"), § 207.400(1)(c),
enterprise
from
participating
in the
through racketeering activity.
/./././
24
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes
Las
Parkway
Vegas. Nevada 89169
78554
I_I.DOC
[Client-Matter]
Page
29 of 41
Case 2:09-cv-00995
1
Document 1
Filed 06/02/2009
Page 30 of 41
2
direct, proximate, and foreseeable result of individual predicate
3
activity
4
through
conducted
the affairs of the RICO Club
Certify
a.
this
action
Representative
6
b.
7
Enter
9
Enter
c.
as
as
Enterprises.
and activities
order, pursuant
alleged
as
personal, including
11
violation of N.R.S.
§ 207.400,
12
by
15
be seized and forfeited
prosecution
by
a
or
the
invested in
method determined
attorney's fees
e.
continuing
from
this Court.
connection with the
14
Class
as
Award Plaintiff and the Class costs and reasonable
d.
13
Plaintiff
herein.
§ 207.460,
N.R.S.
to
designate
and
the Defendants
10
as
this Court deems
§
equitable
incurred in
207.470.
and
just.
COUNT IV
16
(VIOLATION
17
(N.R.S. §
18
(As
19
l l2.Plaintiff
realleges
and
207.400
to Driver
incorporates
the
STATUTE)
l(c))
Defendants)
as
though
set forth
fully
taking property
from
herein.
21
l l3.The
predicate
acts
alleged
23
24
racketeering
acts and
Class Counsel.
operation
an
action
class
a
and his counsel
order
an
criminal
8
22
as a
5
20
injury
111.Plaintiff and the members of the class have suffered and continue to suffer
amounting
to
robbery
§ 205.380.
/./././
RENSHAW & FERRARIO
Seventh Floor
785541_1.DOC
[Client-Matter]
Page
30 of 41
Case 2:09-cv-00995
1
l l4.The Driver
Document 1
Filed 06/02/2009
Defendants, acting through the RICO Driver Enterprises, have violated
2
Nevada's Racketeer Influenced and
3
207.400(1)(c),
4
participating
5
prohibits
which
in the conduct of the
associated
person
any
enterprise's
injury
7
8
9
a.
Certify
this
conducted
action
Representative
10
b.
11
Enter
an
criminal
12
13
c.
Enter
with
damages
an
order
through
as
action
class
a
and his counsel
as
and activities
order, pursuant
to
and
designate
as
the Defendants
alleged
N.R.S.
§ 207.460,
violation of N.R.S.
§ 207.400, be seized and forfeited by
16
by
20
/./././
21
/./././
22
/./././
23
/./././
24
/./././
Class
as
continuing
the
a
or
invested in
method determined
this Court.
Award Plaintiff and the Class
connection with the
e.
from
15
19
Plaintiff
18
Enterprises.
herein.
personal, including
d.
acts and
Class Counsel.
operation
from
and continue to suffer
the affairs of the RICO Driver
14
17
enterprise
an
6
a
("Nevada RICO"), §
Act
through racketeering activity.
affairs
l l5.Plaintiff and the members of the class have suffered
as
Page 31 of 41
prosecution
costs
and reasonable
attorney's
as
this Court deems
fees incurred in
§ 207.470.
equitable
and
just.
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes
Las Vegas, Nevada
Pa•way
89169
785541_1.DOC
[Client-Matter
Page
31 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
COUNT V
1
(VIOLATION
2
(N.R.S. §
3
(As
4
5
6
7
8
9
predicate
l l7.The
acts
alleged
Defendants)
as
set forth
fully
taking property
from
though
118.The actions
11
Syndicates.
alleged
by
financed
119. The Club
above
were
the Club
amounting
to
robbery
Defendants, acting though the RICO Club Criminal
Defendants, acting through the RICO Club Criminal Syndicates, have violated
14
207.400(1)(d),
15
supervising
prohibits
which
financing
or
a
person
any
syndicate.
criminal
damages
17
injury
18
19
financing
a
("Nevada RICO"), §
Act
organizing, managing, directing,
from
120.Plaintiff and the members of the class have suffered
as
§ 205.380.
intentionally organized, managed, directed, supervised,
13
20
l(d))
the
STATUTE)
herein.
and
16
207.400
to Club
realleges and incorporates
l l6.Plaintiff
10
12
Page 32 of 41
conducted
through
the management,
acts
and
direction, supervision, and
Syndicate.
of the RICO Club Criminal
21
a.
Certify
this
action
Representative
22
b.
23
Enter
an
criminal
24
order
as
a
action
class
and his counsel
as
and activities
designate
Plaintiff
as
Class
Class Counsel.
operation
and
as
alleged
the Defendants
from
continuing
the
herein.
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes
Las Vegas, Nevada
Parkway
89169
785541_1.DOC
[Client-Matter]
Page 32 of
41
Case 2:09-cv-00995
1
Enter
c.
Document 1
Filed 06/02/2009
order, pursuant
an
2
personal, including
3
violation of N.R.S.
§ 207.400,
4
by
5
7
16
(VIOLATION
(As
122.The
predicate
and
207.400
§ 207.470.
equitable
and
just.
STATUTE)
the
l(d))
Defendants)
to Driver
incorporates
acts
alleged
another under circumstances
123.The actions
alleged
Syndicates.
by
above
as
not
were
amounting
to
set forth
fully
taking property
from
though
acting through
124.The Driver Defendants,
Racketeer
violated Nevada's
21
RICO"), § 207.400(1)(d),
22
directing, supervising
or
robbery
acting though
as
a
§
205.380
Influenced
prohibits
which
financing
a
criminal
and
Driver Criminal
the RICO
the RICO Driver Criminal
Syndicates,
have
("Nevada
Act
from
organizing, managing,
damages
any persons
syndicate.
injury
intentionally organized, managed, directed, supervised,
the Driver defendants,
20
acts and
BONNER
RENSHAW & FERRARIO
Seventh Floor
Nevada
this Court deems
as
fees incurred in
herein.
18
24
LasVegas,
realleges
121.Plaintiff
and financed
23
invested in
method determined
attorney's
(N.R.S. §
17
19
a
or
COUNT VI
11
15
by
e.
10
14
prosecution
connection with the
9
13
this Court.
8
12
6
(UMMER KAEMPFER
§ 207.460,
N.R.S.
to
Page 33 of 41
89169
785541_1DOC [Client-Matter]
Page
33 of 41
Case 2:09-cv-00995
Document 1
1
2
financing
3
4
a.
the
management, direction, supervision, and
Syndicate.
of the RICO Driver Criminal
Certify
action
this
Representative
b.
Enter
c.
Enter
action
class
a
and activities
order, pursuant
personal, including
10
violation of N.R.S.
§ 207.400,
11
by
14
the
a
or
invested in
method determined
attorney's
as
this Court deems
fees incurred in
§
207.470.
equitable
and
just.
COUNT VII
(VIOLATION
(N.R.S. §
17
(As
18
21
by
16
20
prosecution
15
19
continuing
from
this Court.
connection with the
e.
Class
as
herein.
13
Plaintiff
§ 207.460, that all property, real and
9
12
designate
the Defendants
alleged
as
N.R.S.
to
and
Class Counsel.
as
operation
an
as
and his counsel
order
an
criminal
7
8
through
conducted
Page 34 of 41
5
6
Filed 06/02/2009
realleges
126.Plaintiff
to Club
incorporates
and
207.400
the
STATUTE)
l(h))
Defendants)
as
though
set forth
fully
conspired
with
herein.
127.The Club Defendants
willfully, intentionally,
and
knowingly agreed
22
the Driver Defendants to engage in thousands of acts of
23
including
24
robbery
the
taking
of
alleged wrongful conduct,
property from another under circumstances
and
not
amounting
to
§ 205.380.
RENSHAW & FERRARIO
Seventh Floor
800 Howard
LasVegas,
Hughes Parkway
Nevada
89169
Page
34 of 41
Case 2:09-cv-00995
1
Document 1
alleged above,
of agreement
3
ratifying, participating in,
129.As
adopting
6
have suffered monetary
7
the
conspiracy
Defendants, Plaintiff and the
acting
11
provisions
prohibits
which
ofN.R.S.
causing
conspiracy
in
§
207.400
wrongful
The
and harm.
with the Driver Defendants, have violated
any person
conspiring
from
14
15
WHEREFORE, Plaintiff requests
a.
Certify
this
b.
18
Enter
an
criminal
19
20
c.
Enter
an
conspiracy
conducted in
action
Representative
17
violate any of the
to
damages
injury
16
("Nevada RICO"), §
Act
l(a)-l(g).
13
a
members of the class
this harm.
as
order
as
with others.
action
class
a
as
and activities
to
and
designate
Plaintiff
Class
as
Class Counsel.
order, pursuant
acts and
that this Court:
and his counsel
operation
in
conduct committed pursuant to
207.400(1)(h),
the acts of the Driver Defendants.
substantial factor in
130.The Club Defendants,
10
12
a
was
injury
herein pursuant to, and in furtherance
cooperating, encouraging, ratifying, participating
result of
the acts of the Driver
and
9
adopting
Page 35 of 41
conspiracy by cooperating, encouraging,
and furthered the
and
proximate
direct and
a
5
8
alleged
128.The Club Defendants committed the acts
2
4
Filed 06/02/2009
as
the Defendants
alleged
N.R.S.
personal, including
22
violation of N.R.S.
§ 207.400,
23
by
continuing
the
herein.
§ 207.460,
21
from
by
a
or
invested in
method determined
this Court.
/./././
24
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes
Las
Par•way
Vegas. Nevada 89169
785541_1.DOC
[Client-Matter}
Page
35 of 41
Case 2:09-cv-00995
Document 1
Award Plaintiff and the Class
d.
connection with the
2
3
Filed 06/02/2009
attorney's
e.
and reasonable
costs
prosecution
Page 36 of 41
as
this Court deems
fees incurred in
§
equitable
207.470.
and
just.
COUNT VIII
4
(VIOLATION
5
STATUTE)
(N.R.S. § 207.400 l(h))
6
(As
7
realleges
132.Plaintiff
8
incorporates
and
Defendants)
to Driver
the
as
though
set forth
fully
herein.
9
133.The Driver Defendants
10
willfully, intentionally,
and
knowingly agreed
ll
with the Club Defendants to engage in countless acts of
12
including
13
robbery
the
taking
§
15
of that agreement and furthered the
16
participating in,
135.As
17
a
direct and
adopting
adopting
and
proximate
and
19
have suffered monetary
20
the
conspiracy
was
a
injury
and harm.
acting
in
The
207.400(1)(h),
24
provisions
wrongful
causing
conspiracy
23
prohibits
in
Defendants, Plaintiff and the members of the class
ofN.R.S.
herein pursuant to and in furtherance
cooperating, encouraging, ratifying, participating
result of
22
which
alleged
conspiracy by cooperating, encouraging, ratifying,
substantial factor in
136.The Driver Defendants,
21
to
the acts of the Club Defendants.
the acts of the Club
18
amounting
205.380.
134.The Driver Defendants committed the acts
14
conspired
alleged wrongful conduct,
of property from another under circumstances not
and
conduct committed pursuant to
this harm.
with the Club Defendants, have violated
any person
from
("Nevada RICO"), §
Act
conspiring
to
violate any of the
§ 207.400 l(a)-l(g).
RENSHAW & FERRARIO
Seventh Floor
800 Howard
LasVegas,
Hughes Pa•way
Ne',rada
89169
78554
Page
36 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
injury
3
4
5
a.
a
Certify
b.
7
Enter
this
action
criminal
8
9
c.
Enter
operation
an
and activities
order, pursuant
designate
11
violation of N.R.S.
§ 207.400,
12
by
e.
continuing
from
the
by
a
or
invested in
method determined
this Court.
connection with the
15
Class
as
attorney's fees incurred
14
Plaintiff
herein.
§ 207.460,
personal, including
prosecution
as
§
207.470.
equitable
this Court deems
in
and
just.
COUNT IX
16
17
and
the Defendants
alleged
as
N.R.S.
to
acts and
Class Counsel.
as
10
13
with others.
action
class
a
as
and his counsel
order
an
conspiracy
conducted in
Representative
6
damages
2
as
Page 37 of 41
ACTION UNDER N.R.S
§
41.600 NEVADA DECEPTIVE TRADE PRACTICES ACT
(As
18
realleges
138.Plaintiff
19
20
herein.
21
139.N.R.S.
§
and
to All
incorporates
41.600 creates
practices
a
cause
23
598.0915 states, in relevant part, that
24
if, in
the
course
by
defined
of his business
or
as
of action for individuals
deceptive
as
the
22
trade
Defendants)
a
N.R.S. 598.0915.
person engages in
occupation,
he:
a
though
set forth
injured by
the
Specifically,
"deceptive
(1) Knowingly
fully
use
N.R.S.
trade
passes off
of
§
practice"
goods
or
RENSHAW & FERRARIO
Seventh Floor
78554
Page
37 of 41
Case 2:09-cv-00995
Document 1
services for sale
representation
quantities
of
lease
or
goods
sponsorship, approval,
Disparages
6
representation
7
transaction.
8
goods,
the
of
services
certain clubs
13
or
141.As
a
result of
belief,
15
and
16
the very
19
providing
up to
a
benefits, alterations
false
representation
connection of
or
a
deceptive
by
practices
trade
in the
the
as
or
to the
therewith; (8)
person
any other false
same
false
or
misleading
representation
following
quality
in
a
ways:
of services
trade
practices
21
much lower
b.
are
club is
closed, shut down, burned down,
business);
an
attempt
in the
they
are
must recoup their money from
paying
kickbacks for.
to recoup their losses
following
to customers
when in fact
"Watering
23
particular
a
customers that Defendant Clubs
Representing
a.
that
the business status of
kickbacks to taxi cab and limousine drivers, upon information
142.Defendant Clubs have, in
deceptive
false
$100 per customer, Defendant Clubs
liquor
24
(e.g.
has gone out of
20
22
or
uses,
business of another person
or
false
Knowingly making
b.
12
18
lease
false
a
offered at certain clubs; and
11
17
or
fact, and; (15) Knowingly makes
Knowingly making
a.
10
14
status, affiliation
140.Defendant Drivers have committed
9
(5) Knowingly makes
characteristics, ingredients,
services for sale
or
Page 38 of 41
those of another person;
as
the
to
as
Filed 06/02/2009
that
are
kickbacks, committed
from
ways:
they
are
selling
selling
lower
them
high quality, expensive
quality liquor,
which sells at
a
price;
down"
liquor
lower than what is
and other drinks
represented
to the
so
that their alcohol concentrations
customer; and
/./././
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes Par•way
Las Vegas, Nevad• 89169
Page
38 of 41
Case 2:09-cv-00995
Falsely stating
c.
goods
for
2
143.The
3
Document 1
Plaintiff, and members of
144.Specifically,
5
they
damages
never
as a
Defendant Drivers, and,
7
choice.
as
a
result,
9
as a
result suffered
146.N.R.S.
10
§
practices
deceptive
12
in relevant part, that
13
course
14
fact in connection with the sale
15
federal statute
of his business
as
17
their services.
18
kickbacks for
20
subjected
21
outlined in
to
N.R.S.
person engages in
a
or
occupation
lease of
or
regulation relating
§
a
§
23
by
by
to the club of
their
Defendant Clubs, and
"deceptive
goods
to the sale
598.0923
or
or
inflated
paragraph
or
goods
to
are
state
or
nature
of
a
services.
disclose the actual
they
of
material
a
3. Violates
or
use
when in the
2. Fails to disclose
lease of
by failing
the
§ 598.0923 states,
practice"
trade
services,
Driver Defendants fail to disclose that
delivering
injured by
N.R.S.
598.0923.
knowingly...
he
receiving large illegal
customers to certain clubs.
prices
and other
142 of this
unscrupulous
class
members,
are
unwittingly
actions of Club Defendants,
as
Complaint.
149.Driver Defendants who operate taxi cabs
22
false statements made
freely
statements made
on
148.By omitting this material fact, Plaintiff, and other
19
the
of action for individuals
by
defined
147.Driver Defendants violate N.R.S.
16
on
unable to travel
were
a cause
11
or
by
the false statements made
damages.
41.600 also creates
trade
customers to pay
result of their reliance.
145.Further, the Plaintiff and the Class relied
8
on
the Plaintiff and members of the Class relied
6
forcing
and
received.
Class, relied
the
Page 39 of 41
by customers,
the amount owed
services that
or
Defendants and suffered
4
Filed 06/02/2009
are
in violation of N.R.S.
§
706.8846 which
states:
/./././
24
Seventh Floor
800 Howard
LasVegas,
Hughes Par•way
Nevada
89169
78554
I_IDOC
[Client-Matter]
Page
39 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 40 of 41
With respect to a passenger's destination, a driver shall not:
1) Deceive or attempt to deceive any passenger who rides or
desires to ride in his taxicab;
2) Convey or attempt to convey any passenger to a destination
other than the one directed by the passenger.
150.Driver Defendants who operate taxi cabs
are
also in violation of N.A.C.
§
706.552
which states:
A taxi driver shall
not accept, directly or indirectly, gratuity
or any form of compensation from any person for diverting or
attempting to divert a prospective customer from any commercial
establishment.
6
7
8
9
151.By violating
10
cab drivers
11
598.0923(3).
§ 706.8846 and
N.R.S.
committing
are
§ 706.552,
N.A.C.
deceptive
a
Driver Defendants who
practice
trade
defined
as
by
taxi
are
N.R.S.
§
12
13
a.
Certify
this
action
Representative
14
b.
15
16
17
c.
Enter
an
order
d.
19
20
1.1.1.1
21
1.1.1.1
22
1.1.1.1
23
1.1.1.1
24
1.1.1.1
a
action
class
and his counsel
operation
Award
Plaintiff and
and activities
the
designate
and
Plaintiff
Class
as
Class Counsel;
as
criminal
prosecuting
18
as
as
Class
from
continuing
the
alleged herein;
costs
the Defendants
as
and
reasonable
attorney's fees
in
§ 41.600(3)(b);
this Court deems
equitable
and
just.
'•UMMER K•EMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
800 Howard Hughes Pat•way
785541_1.DOC
[Client-Matter]
Page
40 of 41
Case 2:09-cv-00995
Document 1
Filed 06/02/2009
Page 41 of 41
JURY DEMAND
Plaintiff requests trial
2
by jury
of all claims that
can
be
so
tried.
3
Respectfully submitted,
4
THEODORE TRAPP, individually, and
of all others similarly situated,
5
on
behalf
Dated: June 2, 2009
By:
6
James E. Smyth II
Kummer Kaempfer Bonner
Renshaw & Ferrario
Seventh Floor
7
8
9
jsmyth@kkbrf.com
Jay Edelson*
Rafey Balabanian*
10
11
KAMBEREDELSON LLC
350 North LaSalle Street
Suite 1300
Chicago, Illinois 60654
Tel: (312) 589-6370
Fax: (312) 589-6378
12
13
jedelson@kamberedelson.com
rbalabanian@kamberedelson.com
14
*
Pro hac admittance to be
sought
15
16
17
18
19
20
21
22
23
24
•UMMER K•EMPFER BONNER
RENSHAW & FERRARIO
Seventh Floor
800 Howard
LasVegas.
Hughes Parkway
Nevad•
89169
78554
I_IDOC
[Client-Matter]
Page
41 of 41

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