WD | S| 5 Ty yas . «elbows se ray 1 ||comp FILED LARRY C. JOHNS, ESO. 2 | Nevada Bar No. 1895 3017 W. Charleston Bivd., #30 708 JUL 24 Pw Ty 3 ||Las Vegas, Nevada 89102 Tele: (702) 387-5003 Fax: (702) 387-5018 5 |] Attorney for Plaintiff 7 DISTRICT COURT 8 CLARK COUNTY, NEVADA 1 oases uncer, LOR GIRS C uw Plaintiff, ti NO. DEPT. NO. my vs. 13 ||¢. P. FOOD & BEVERAGE, INC., a Nevada corporation, d/b/a/ Club Paradise; 14 || AMERICAN EXPRESS COMPANY, a Delaware corporation, ARBITRATION EXEMPT. 1s (DECLARATORY RELIEF) 16 Defendants. 17 ———————_————————_J 18 COMPLAINT FOR DECLARATORY RELI ry PLAINTIFF, for its cause of action against Defendants, alleges as follows: a GENERAL ALLEGATIONS a4 1, Plaintiff, JAMES HACKETT, is and was at all times relevant a resident of 22 || Andover, Massachusetts. 23 2. Defendant C. P. FOOD & REVERAGE, INC., is a Nevada corporation, which 24 ll owns and operates a business known as Club Paradise, located at 4416 Paradise Road, 25 Il Las Vegas, Nevada. 42 o oJ 3. Defendant American Express is a Delaware corporation, which dues ReoBn ~198083~¢ AS & ‘business in Nevada. fare Tinaee ae 10 n 2 13 4 15, 16 7 18 19 a 2 20 27 28 4. On or about Saturday October 11, 2008, at around 7:40 P.M. Plaintiff arrived at Las Vegas, Nevada on United flight #1597; and was transported by cab and checked into his reserved room at the Las Vegas Hilton Hotel. 5. Upon entering his room he noted that the television was not working and ‘went to desk to report the non-working television because he wanted to watch the end of the Boston Red Sox game. He was directed to a bar near the lobby area to watch the game. 6. While watching the game at the bar over a period of time. an African- American about 40 years of age sitting near him stated “you dropped this” and handed Plaintiff his wallet, Plaintiff noticed that his American Express Card and Driver’s license had been swapped from their usual positions, but wasn’t concerned since the wallet was returned and he did not notice anything missing. 7. Plaintiff remained at the bar for 1 tol hours, watched the game go into extra innings and the post-game interviews, had some vodka martinis, and recalls talking to a couple from Phoenix who were Red Sox fans. 8. After leaving the bar, Plaintiff recalls that he walked toward the lobby intending to return to his room, but became light headed and slightly dizzy, sat on a bench somewhere in the lobby area and recalls someone pulling his right arm and hand, and then seemed to “black out” having no recollection of anything else until he awoke late| ithe next morning in his room. 9. When Plaintiff awoke, he was groggy and disoriented and cancerned about his loss of memory of the events the preceding night: He called his wife in Andover and told her what he could recall about the prior evening and the incident regarding his wallet and the American By“ 2 13 4 15 ” 18 19 a 2 24 25 26 Fa 10. Plaintiff's wife stated that she would call American Express and Chase (the ding any charges that may have been made on those cards that night; she contacted American Express and Chase and was advised that there was no activity reported on either card as of October 12, 2009. 11. Plaintiff came to Las Vegas to attend the Direct Marketing Association trade show and attended activities beginning at 3:00 P.M. on October 12, 2008. 12. After the afternoon session ended, Plaintiff returned to the Hilton, stopped at the desk and asked to speak with someone from security: a security man named Dennis Dermer came over and Plaintiff explained the situation the prior night and inquired whether the hotel had any video cameras in the bar or lobby areas that would shaw the incident involving his wallet and his activities. Mr. Dermer advised he would check surveillance. Plaintiff made a request that Hilton preserve any tapes for the period involved. 49, Plaintiff attended trade show aviiviiies aud returned to Andover, Massachusctts late on October 14, 2008. 14. On October 12, 13, and 14, 2008, Plainuft’s wife reviewed credit card activities on-line and no charges were reflected for the night of October 11-12; on October 15, 2008, Plaintifi and his wife reviewed on-line charges at which time charges of $30,000.00 were reported on the American Express account at CP Food & Beverage in the morning hours of October 12, 2008. 15. _ Plaintiff contacted AMEX immediately, contesting the charges, and was advised not to worry about it as the charges would be removed and deducted. 16. On October 23, 2008, Laurie from AMEX contacted Plaintiff advising that she had been informed by someone from CP Food and Beverage, that Plaintiff had gonc to|