Cervantes vs Marnell Gaming, LLC
ORDERED that defendant's motion to dismiss (ECF No. 4) is DENIED without prejudice. FURTHER ORDERED that plaintiff Saul Cervantes shall have twenty (20) days after entry of this order to file an amended complaint. Signed by Judge Larry R. Hicks on 11/4/2017. (Copies have been distributed pursuant to the NEF - DRM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:17-cv-0519-LRH-(WGC)
MARNELL GAMING, LLC,
Before the court is defendant Marnell Gaming, LLC’s (“Marnell”) motion to dismiss
plaintiff Saul Cervantes’ complaint (ECF No. 1). ECF No. 4. Plaintiff Cervantes filed an
opposition and request for leave to file an amended complaint (ECF No. 7) to which Marnell
replied (ECF No. 8).
This action involves the alleged discrimination of Cervantes, a Mexican-American, by
the Nugget Resort located in Sparks, Nevada, and owned by defendant Marnell. Cervantes
alleges that on August 9, 2017, he and his family were discriminated against by being forced to
park farther away from the Nugget Resort property than other patrons and having their
reservation cancelled upon arrival which caused Cervantes to pay additional money to stay at
On August 27, 2017, Cervantes filed a complaint against Marnell for three causes of
action: (1) discrimination; (2) negligent infliction of emotional distress; and (3) intentional
infliction of emotional distress. ECF No. 1. In response, Marnell filed the present motion to
dismiss all three causes of action. ECF No. 4. In his opposition, Cervantes recognizes that his
complaint is not properly pled and has requested leave to file an amended complaint. See
ECF No. 8.
The court has reviewed the documents and pleadings on file in this matter and finds that
leave should be granted to allow Cervantes to file an amended complaint. In his opposition,
Cervantes requests leave to amend his complaint to address the pleading defects identified by
Marnell in its motion to dismiss. Although Cervantes has not provided the court with a copy of
his proposed amended complaint, he did provide additional allegations that address several of
the issues raised in Marnell’s motion to dismiss. Further, the court finds that there is no undue
delay, bad faith, or dilatory motive on behalf of Cervantes in requesting leave to amend his
complaint as this action is still very early in litigation. Therefore, the court shall deny Marnell’s
motion to dismiss without prejudice and grant Cervantes leave to file an amended complaint.
IT IS THEREFORE ORDERED that defendant’s motion to dismiss (ECF No. 4) is
DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff Saul Cervantes shall have twenty (20) days
after entry of this order to file an amended complaint.
IT IS SO ORDERED.
DATED this 7th day of November, 2017.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
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