Zoggolis v. Wynn Las Vegas, LLC

Filing 12

ORDER Granting 9 Motion to Dismiss. Defendant's request for attorney fees is denied. Signed by Judge Philip M. Pro on 12/7/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KONSTANTIN ZOGGOLIS,
Plaintiff,

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vs.
WYNN LAS VEGAS, LLC,
Defendant.

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2:11-CV-01562-PMP-PAL
ORDER

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Plaintiff Konstantin Zoggolis commenced this action September 28, 2011

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alleging claims for Breach of Contract (Count One), Recoupment (Count Two), and

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Injunctive Relief (Count Three) (Doc. #1). Currently before the Court is Defendant’s

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fully briefed Motion to Dismiss (Doc. #9) which calls upon the Court to determine

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whether Plaintiffs First & Second Causes of Action are barred by Nevada Law, and

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whether Plaintiff’s claim for injunctive relief is moot. The Court finds Defendant is

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entitled to dismissal of Plaintiffs claims in accord with Rule 12 (b)(6) of the Federal

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Rules of Civil Procedure.

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Specifically, Plaintiff’s claims for breach of contract and recoupment must

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be dismissed because this action arises from a dispute concerning a gambling debt

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which requires that Plaintiff exhaust administrative remedies pursuant to N.R.S.

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463.361, et seq. prior to brining suit. Additionally, Plaintiff’s claim for injunctive

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relief is moot for the reasons set forth in Defendant’s Motion (Doc. #9) and Reply

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(Doc. #11).

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IT IS THEREFORE ORDERED that Defendant’s Motion to Dismiss

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(Doc. #9) is GRANTED and that Plaintiff’s Complaint (Doc. #1) is hereby

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dismissed.

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IT IS FURTHER ORDERED that Defendant’s request for attorney fees is
DENIED.

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DATED: December 7, 2011.

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PHILIP M. PRO
United States District Judge

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