PlayLV Gaming Operations, LLC v. Hanco, Inc.

Filing 1

COMPLAINT against Hanco, Inc. (Filing fee $ 350 receipt number 0978-2187195), filed by PlayLV Gaming Operations, LLC. Certificate of Interested Parties due by 11/28/2011. Proof of service due by 3/17/2012. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Hafter, Jacob)

5

JACOB L. HAFTER, ESQ.
Nevada State Bar No. 9303
MICHAEL K. NAETHE, ESQ.
Nevada State Bar No. 11222
LAW OFFICE OF JACOB L. HAFTER & ASSOCIATES
7201 W. Lake Mead Boulevard, Suite 210
Las Vegas, Nevada 89128
Tel: [phone]
Fax: [phone]

6

Attorneys for PLAYLV GAMING OPERATIONS, LLC

1
2
3
4

7
8

UNITED STATE DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12

PLAYLV GAMING OPERATIONS ,
LLC, a Nevada limited liability
company,

13
14

Case No.: _________________

Plaintiffs,
COMPLAINT

vs.

7201 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
[phone] Telephone
[phone] Facsimile

15
16
17
18

HANCO, INC., an Indiana corporation,
DOES 1-10, individuals, inclusive and
ROE ENTITIES S 1-10, inclusive.
Defendants.

19
20

COMES

NOW,

PLAYLV

GAMING

OPERATIONS,

LLC

21

(“PlayLV”), by and through their attorneys of record the Law Offices of Jacob

22

Hafter & Associates, P.C., and for cause of action against Defendant HANCO,

23

INC. (“Hanco”), hereby complains and alleges as follows:

24
25
26

PARTIES
1. At all relevant times hereto, Plaintiff PlayLV was and is doing
business in Nevada as a limited liability company domiciled in Nevada.

27
28
COMPLAINT - 1

1
2

2. Upon information and belief, Defendant Hanco is corporation
domiciled in Indiana.

3

3. The true names and capacities of the Defendants designated herein as

4

DOES 1 through 10 and ROE ENTITIES 1 through 10 are presently unknown

5

to Plaintiff at this time who, therefore, sues said Defendants by such fictitious

6

names and when their true names and capacities are ascertained, Plaintiff will

7

amend this Complaint accordingly to insert the same herein. Plaintiff is

8

informed and believes, and based upon such information and belief, alleges

9

that Defendants, and each of them, designated as DOES and/or ROE

10

ENTITIES ARE, in some manner, responsible for the occurrence and injuries

11

sustained by Plaintiff, as alleged herein.
JURISDICTION AND VENUE

12
13
14

7201 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
[phone] Telephone
[phone] Facsimile

15
16
17
18
19

4. As the parties hereto are citizens of different states, complete diversity
exists.
5. As the matter in controversy exceeds the sum of $75,000, this Court
has original jurisdiction.
6. All of the acts complained of herein occurred in Clark County,
Nevada.
7. Where applicable, all matters set forth herein are incorporated by

20

reference in the various causes of action which follow.

21

GENERAL ALLEGATIONS

22

8. Hanco was created in March 1991.

23

9. Hanco uses the assumed business name of Classico Seating.

24

10. Hanco is a merchant is a merchant under the Uniform Commercial

25

Code.

26

11. Hanco offered to sell PlayLV 953 chairs as described in Sales Order

27

Nos. 037895 and 37896 (“Chairs”) for the Plaza Hotel & Casino property

28
COMPLAINT - 2

1

(“The Plaza”).

2

incorporated herein as Exhibits “A” and “B”.

3
4
5
6

See Sales Order Nos. 037895 and 37896, attached and

12. The total value of the contracts was approximately $198,039.20,
including tax, freight and miscellaneous.
13. PlayLV accepted the offers and provided funds in the amount of
$110,637 (“Deposit”).

7

14. The remaining balance is $87,402.20 (“Total Balance Remaining”)

8

15. The delivery date was set for August 22, 2011.

9

16. Hanco retained the money and failed to tender the Chairs.

10

FIRST CAUSE OF ACTION

11

Breach of Contract

12
13

17. Plaintiff repeats and realleges the allegations contained above as if
fully set forth herein.
18. Hanco entered into a contract with PlayLV.

15
7201 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
[phone] Telephone
[phone] Facsimile

14

19. PlayLV performed under the contract.

16

20. Hanco failed to tender the goods and services due and owing under the

17

contract.

18

21. As such, Hanco breached the contract with PlayLV.

19

22. As a direct result of Hanco’s breach, Plaintiff has suffered damages,

20

including the following:

21

a. Loss of consideration paid by PlayLV;

22

b. Costs in seeking replacement chairs; and

23

c. Fees and costs of collection of monies paid.

24

23. Plaintiff requests judgment against Hanco for the following relief:

25

a. Compensatory damages;

26

b. Consequential damages;

27

c. Declaratory relief;

28
COMPLAINT - 3

1

d. Preliminary injunctive relief; and

2

e. Attorneys’ fees and costs incurred pursuant to N.R.S. § 18.010.

3

SECOND CAUSE OF ACTION

4

Unjust Enrichment

5
6

24. Plaintiff repeats and realleges the allegations contained above as if
fully set forth herein.

7

25. Plaintiff paid Defendant the Deposit in the amount of $110,637.

8

26. Defendant failed to satisfy its obligations to Plaintiff.

9

27. Plaintiff had a reasonable expectation of being compensated in full

10

under the terms of the Representation Agreement and Defendant would have

11

been unjustly enriched should he be permitted to retain the benefits of said

12

agreement without tendering payment in full to PlayLV.

13
14

28. As a direct result of Hanco’s breach, Plaintiff has suffered damages,
including the following:

7201 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
[phone] Telephone
[phone] Facsimile

15

a. Loss of funds paid by PlayLV;

16

b. Costs in seeking replacement chairs; and

17

c. Fees and costs of collection of monies paid.

18

29. Plaintiff requests judgment against Hanco for the following relief:

19

a. Compensatory damages;

20

b. Consequential damages;

21

c. Declaratory relief;

22

d. Preliminary injunctive relief; and

23

e. Attorneys’ fees and costs incurred pursuant to N.R.S. § 18.010.

24

ATTORNEY FEES

25

As a result of the Defendant’s actions as set forth above, Plaintiff has

26

been required to prosecute this action and has incurred and will continue to

27

incur costs and attorney fees for which the Plaintiff is entitled to a separate

28
COMPLAINT - 4

1

award pursuant to N.R.S § 18.010, as well as any other applicable statute or

2

rule, in an amount to be determined by the Court.
PRAYER FOR RELIEF

3
4
5

WHEREFORE, the Plaintiff prays for judgment against the Defendant
as follows:

6

1. For a declaration of rights, responsibilities, and obligations of Plaintiff

7

and Defendant, including a declaration that the Defendant is obligated to

8

satisfy his obligations to PlayLV;

9
10

2. For a judgment for the Plaintiff for all money damages available in a
sum to be determined;

11

3. For an award of attorney fees to the Plaintiff for his reasonable

12

attorney’s fees, court costs and necessary disbursements incurred in

13

connection with this lawsuit; and

14

7201 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
[phone] Telephone
[phone] Facsimile

15
16

4. For such other and further relief as the Court deems just and equitable.
Dated this 18th day of November, 2011.
LAW OFFICE OF JACOB HAFTER & SSOCIATES

17
18
19
20

By: _______________________________
JACOB L. HAFTER, ESQ.

21
22
23
24
25
26
27
28
COMPLAINT - 5