Tausinga v. Golden Gaming, LLC

Filing 13

ORDER Granting 10 Stipulation to File a First Amended Complaint. Signed by Judge James C. Mahan on 8/18/17. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6
7

MARK J. BOURASSA, ESQ.
Nevada Bar No. 7999
CHRISTOPHER W. CARSON, ESQ.
Nevada Bar No. 9523
THE BOURASSA LAW GROUP
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Jennifer Tausinga

8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

JENNIFER TAUSINGA, an individual,

12
13

Case No.: 2:17-cv-01825-JCM-NJK

Plaintiff,
vs.

STIPULATION AND ORDER TO FILE
A FIRST AMENDED COMPLAINT

14
15
16

GOLDEN GAMING, LLC a Nevada Limited
Liability Company, and DOES I through X,
inclusive,
Defendants.

17
18

Pursuant to Federal Rules of Civil Procedure Rule 15(a)(2), Plaintiff JENNIFER
19
20

TAUSINGA, (“Plaintiff”), by and through her attorneys of record, Mark J. Bourassa, Esq. and

21

Christopher W. Carson, Esq. of The Bourassa Law Group, and Defendant GOLDEN GAMING,

22

LLC, a Nevada Limited Liability Company by and through their attorneys of record, Anthony L.

23

Martin, Esq. and Dana B. Salmonson, Esq. of Ogletree, Deakins, Nash, Smoak & Stewart, P.C.,

24

hereby stipulate and agree as follows:

25

1.

Plaintiff filed her Complaint against the Defendants in this matter on July 3, 2017

26
[ECF No. 1].
27
28
-1-

1
2

2.

Defendant Golden Gaming filed its Motion to Dismiss Plaintiff’s Complaint on July

27, 2017 [ECF No. 6].

3

3.

As a result of Defendant’s Motion, Plaintiff agrees that an Amended Complaint is

4
warranted to further clarify the claims alleged in the instant case.
5
4.

6
7

Exhibit 1.
5.

8
9

Plaintiff and Defendant Golden Gaming have reviewed and discussed the First

Amended Complaint.

10
11

A copy of Plaintiff’s proposed First Amended Complaint is attached hereto as

6.

As a result of these discussions, Defendant agrees to allow Plaintiff to file a First

Amended Complaint, rendering Defendant’s Motion to Dismiss moot.

12
7.

13
14

By agreeing to the filing of the First Amended Complaint, Defendant is not agreeing

to the merits of any claim, the factual allegations contained in the First Amended Complaint, or

15

waiving any defenses that may wish to assert. Defendant expressly reserves the right to file a

16

Motion to Dismiss Plaintiff’s First Amended Complaint.

17

///

18

///

19
///
20
21

///

22

///

23

///

24

///

25

///

26
27
28
-2-

1
2
3

8.

Therefore, the Parties hereby stipulate and agree that Plaintiff shall be permitted to

file the First Amended Complaint attached hereto as Exhibit 1. Defendants may then file a
responsive pleading thereto within 21 days from the date the First Amended Complaint is filed.

4
IT IS SO STIPULATED.
5
6
7

Dated: August 10, 2017

Dated: August 10, 2017

THE BOURASSA LAW GROUP

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

s/s Mark J. Bourassa, Esq.
MARK J. BOURASSA, ESQ.
Nevada Bar No. 7999
CHRISTOPHER W. CARSON, ESQ.
Nevada Bar No. 9523
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Attorneys for Plaintiff Jennifer
Tausinga

s/s Dana B. Salmonson, Esq.
ANTHONY L MARTIN, ESQ.
Nevada Bar No. 8177
DANA B. SALMONSON, ESQ.
Nevada Bar No. 11180
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Attorneys for Defendant Golden Gaming,
LLC

8
9
10
11
12
13
14
15
16

ORDER

17

IT IS SO ORDERED.

18
19

United States District/MagistrateJUDGE
UNITED STATES DISTRICT Judge

20

August 18, 2017
Dated:________________________

21
22
23
24
25
26
27
28
-3-

1
2
3
4
5
6
7

MARK J. BOURASSA, ESQ.
Nevada Bar No. 7999
CHRISTOPHER W. CARSON, ESQ.
Nevada Bar No. 9523
THE BOURASSA LAW GROUP
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorney for Plaintiff

8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA

10

17

) Case No.: 2:17-cv-01825-JCM-NJK
)
Plaintiff,
) FIRST AMENDED COMPLAINT AND
) DEMAND FOR JURY TRIAL
vs.
)
)
GOLDEN GAMING, LLC a Nevada Limited
)
Liability Company; GOLDEN TAVERN GROUP, )
LLC, a Nevada Limited Liability Company; and )
DOES I through X, inclusive,
)
)
Defendants.
)

18

Plaintiff JENNIFER TAUSINGA, (hereinafter referred to as “Plaintiff”), by and through

11
12
13
14
15
16

19

JENNIFER TAUSINGA, an individual,

her attorneys of record, The Bourassa Law Group, alleges upon knowledge as to herself and her

20
own acts, and upon information and belief as to all other matters, brings this First Amended
21
22

Complaint against the above-named defendants and in support thereof alleges the following:
PARTIES

23
24

1.

Plaintiff is, and at all times mentioned herein, was a Nevada resident.

25

2.

Defendant GOLDEN GAMING, LLC (“GOLDEN GAMING”) is a Nevada

26
27

limited liability company.
3.

Defendant GOLDEN TAVERN GROUP, LLC (“GOLDEN TAVERN”) is a

28
-1-

1
2
3

Nevada limited liability company.
4.

GOLDEN GAMING, LLC and GOLDEN TAVERN GROUP, LLC are hereby

collectively referred to as “DEFENDANTS”.

4
5.

At

all

times

mentioned

herein,

DEFENDANTS

employed

Plaintiff.

5
6
7
8
9
10
11

DEFENDANTS are and were an employer within the meaning of Title VII of the Civil Rights
Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq.
6.

The true names or capacities, whether individual, corporate, associate or otherwise

of defendants, DOES I through X, inclusive are unknown to Plaintiffs, who, therefore sues said
defendants by such fictitious names. Plaintiffs are informed and believes and therefore allege,
that each of the defendants designated as DOE are responsible in some manner for the events

12
13
14

and happenings herein referred to, and caused damages to Plaintiffs as alleged herein; such that
Plaintiffs will ask leave of this Court to amend this Complaint to insert the true names and

15

capacities of said defendants, DOES I through X, inclusive, when the same have been ascertained

16

by Plaintiffs, together with appropriate charging allegations, and to join such defendants in this

17

action.

18

Specifically, Plaintiffs will ask leave to amend to include any and all trustees,

beneficiaries, culpable affiliates and/or culpable agents of Defendants as defendants herein.

19
JURISDICTION AND VENUE
20

7.

This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 in that this

21
22
23

case arises under federal law, specifically, Title VII, 42 U.S.C. § 2000e, et seq.
8.

Venue is appropriate in this judicial district because both Plaintiff and Defendants

24

reside and/or do business in the District of Nevada. Venue is also proper in this district because

25

the acts and transactions that give rise to this action occurred, in substantial part, in the District of

26

Nevada.

27
28

ADMINISTRATIVE PREREQUISITES
9.

Plaintiff has complied with all the administrative prerequisites to this action under
-2-

1

42 U.S.C. § 2000e-5 as she timely filed a Charge with the U.S. Equal Employment Opportunity

2

Commission (“EEOC”) and was issued a Notice of Right to Sue. A true and correct copy of

3

Plaintiff’s Notice of Right to Sue is attached hereto as Exhibit 1.

4
STATEMENT OF FACTS
5
10.

Plaintiff began working for Defendants as a Bar Host on or about October, 2010.

11.

For nearly seven full years of employment, Plaintiff was a highly regarded

6
7
8

employee. Hired at a pay rate of $8.25 per hour, Plaintiff was promoted to General Manager.

9

The pay for her position of General Manager was $38,000.00 per year plus tips.

10

12.

11

Leave Act.

12

13.

Plaintiff became pregnant in 2015 and took leave pursuant to the Family Medical

Plaintiff returned to work at the same position and pay rate as when she went on

13
maternity leave.
14
15
16

14.

Plaintiff became pregnant again in 2016.

15.

Plaintiff never received any written or oral discipline for her work at Defendants;

17

in fact, on May 1, 2016 Plaintiff received a text from her direct supervisor, Jason Anderson

18

stating, “Hell of a month lady!! Good job! 1.8 [million] coin in and beverage revenue up 5K.

19
20

Proud of you!”
16.

Upon learning she was pregnant, Plaintiff told her direct supervisor, Jason

21
22
23
24
25
26
27

Anderson.
17.

His response was “Are you f*****g kidding me, not again. Corporate wouldn’t

be happy about this. You were just pregnant.”
18.

On May 23 2016, shortly after informing her employer she was pregnant, Plaintiff

was demoted from General Manager to bartender. Plaintiff was also transferred to a different, less
busy location, and was given a part-time, dayshift position, working only three days per week.

28
-3-

1

The pay for this position was $7.25 per hour plus tips, in contrast with her previous salary of

2

$38,000 per year plus tips.

3

19.

During the six weeks she worked as a bartender, due to deductions for tips and

4
health insurance, Plaintiff did not receive one dollar in net pay.
5
20.

6
7

As a result, Plaintiff was forced to quit her job with Golden Gaming and obtain a

job that would support her family.

8

FIRST CLAIM FOR RELIEF

9

Discrimination – Sex/Pregnancy
In Violation of Title VII, 42 U.S.C. § 2000e et seq.

10
21.

Plaintiff hereby incorporates by reference paragraphs 1-18 above as if fully set forth

13

22.

At all times mentioned herein, Plaintiff was pregnant, and Defendants were aware

14

of her pregnancy.

15

23.

11
12

16

herein.

At all times mentioned herein, Plaintiff was qualified to perform her job duties for

Defendant.

17
24.

Defendants subjected Plaintiff to adverse employment actions because of her

18
19

pregnancy, including, but not limited to, demoting Plaintiff from General Manager to bartender,

20

transferring her to a less desirable location, decreasing her pay, placing her on day shift, and

21

moving her from a full-time employee to a part-time employee.

22
23
24

25.

As a direct and proximate result of these unlawful actions, Plaintiff has suffered

and will continue to suffer damages including, but not limited to, loss of salary, wages, earnings
and benefits, diminution of future earning capacity, loss of accumulated benefits, mental anguish

25
26
27
28

and other compensatory damages in an amount to be determined at trial.
26.

Defendants’ conduct was malicious and/or oppressive conduct by the Defendants

and undertaken with the intent to defraud and oppress Plaintiff, thus warranting the imposition of
-4-

1

punitive damages pursuant to NRS § 42.005 sufficient to punish and embarrass Defendants

2

thereby deterring such conduct by it in the future.

3
4

27.

pursue this claim and Plaintiff is entitled to recover reasonable attorneys’ fees therefor.

5

SECOND CLAIM FOR RELIEF

6

Constructive Termination
In Violation of Title VII, 42 U.S.C. § 2000e et seq.

7
28.

10
11

Plaintiff hereby incorporates by reference paragraphs 1-25 above as if fully set forth

29.

8
9

It has also been necessary for Plaintiff to obtain the services of an attorney to

Plaintiff was unlawfully demoted from General Manager, a full-time position, to a

herein.

part-time, dayshift bartender at a less desirable location due to her pregnancy.

12
30.

Because of this demotion, Plaintiff’s pay decreased significantly.

31.

By demoting Plaintiff due to her pregnancy in violation of Title VII, decreasing her

13
14
15

pay, and denying her full-time employment, and moving her to a less desirable shift and location,

16

Defendants made Plaintiff’s work conditions so intolerable that a reasonable person in Plaintiff’s

17

position would feel compelled to resign.

18
19

32.

Plaintiff did, in fact, feel compelled to resign, and resigned from her position with

Defendants.

20
21
22

33.

As a direct and proximate result of these unlawful actions, Plaintiff has suffered

and will continue to suffer damages including, but not limited to, loss of salary, wages, earnings

23

and benefits, diminution of future earning capacity, loss of accumulated benefits, mental anguish

24

and other compensatory damages in an amount to be determined at trial.

25
26

34.

Defendants’ conduct was malicious and/or oppressive conduct by the Defendants

and undertaken with the intent to defraud and oppress Plaintiff, thus warranting the imposition of

27
28
-5-

1

punitive damages pursuant to NRS § 42.005 sufficient to punish and embarrass Defendants

2

thereby deterring such conduct by it in the future.

3

35.

It has also been necessary for Plaintiff to obtain the services of an attorney to

4
pursue this claim and Plaintiff is entitled to recover reasonable attorneys’ fees therefor.
5
DEMAND FOR JURY TRIAL

6
7
8

Plaintiff, by and through her attorneys of record, The Bourassa Law Group, hereby demands
a jury trial of all of the issues in the above matter.
PRAYER FOR RELIEF

9
10

WHEREFORE, Plaintiff requests judgment and damages against Defendants as follows:

11

a.

12
13

Compensatory damages in amount to be shown at trial for past and future

economic and non-economic losses, including extreme emotional distress and mental anguish,
impairment of the quality of life; and consequential losses;

14
b.

Exemplary and/or punitive damages in an amount to be shown at trial;

c.

Reasonable attorney fees and costs;

d.

Pre- and post-judgment interest on any awards at the highest rate allowed by

15
16
17
18

law; and

19

e.

20

DATED this 11th day of August, 2017.

21

Such other and further relief as this Court deems just and appropriate.

THE BOURASSA LAW GROUP

22
23
24
25
26
27
28

/s/ Mark J. Bourassa, Esq.
MARK J. BOURASSA, ESQ., 7999
CHRISTOPHER W. CARSON, ESQ., 9523
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
-6-