Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
1/15/2019 3:54 PM
Steven D. Grierson
CLERK OF THE COURT
1 COMP
REMPFER MOTT LUNDY, PLLC
2 JOSEPH N. MOTT
Nevada Bar No. 12455
3
SCOTT E. LUNDY
4 Nevada Bar No. 14235
10091 Park Run Dr., Ste. #200
5 Las Vegas, NV 89145-8868
6 T: (702) 825-5303
F: (702) 825-4413
7 Joey@rmllegal.com
Scott@rmllegal.com
8
Attorneys for Plaintiff
9 JAIMEE LEE
10 DISTRICT COURT
12
15 vs. COMPLAINT
16 DIET CENTER LLC dba HEART ATTACK EXEMPT FROM ARBITRATION
17
GRILL, a Delaware Limited Liability 1. NAR 3(A) – Declaratory Relief
Corporation, 2. NAR 3(A) – Value Exceeds $50,000.00
18
Defendant. [Jury Demand]
19
20
21 1. Declaratory Relief
22 2. Violations 42 U.S.C. § 2000e et. seq. and NRS § 613.330 – Sexual Harassment &
25 Plaintiff JAIMEE LEE, through her counsel of record, Joseph N. Mott and Scott E. Lundy of
26 REMPFER MOTT LUNDY, PLLC, hereby Complains against Defendant DIET CENTER LLC dba HEART
28 Page 1 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
Case Number: A-19-787612-C
1 THE PARTIES, JURISDICTION, VENUE, AND INTRODUCTION
4 2. Defendant DIET CENTER LLC dba HEART ATTACK GRILL (hereinafter referred to as
5 “Defendant” or “Heart Attack Grill”) was and is a Delaware limited-liability corporation licensed
7 3. Heart Attack Grill was, at all relevant times, Lee’s employer, as that phrase is
8 defined under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., and NRS 613.310.
9 4. Upon information and belief, Heart Attack Grill is a restaurant operator and it
10 provides such service in Las Vegas, Nevada. Heart Attack Grill is an employer engaged in an
12 5. As an employer with more than fifteen (15) employees, Heart Attack Grill is
13 required to comply with all state and federal statutes and law prohibiting discrimination and
15 6. Lee filed her Charge of Discrimination with the United States Equal Employment
17 7. Lee received a Right to Sue Letter less than ninety days prior to the filing of this
18 Complaint.
19 8. Lee has satisfied all administrative and jurisdictional conditions precedent to filing
20 this Complaint.
21 9. Lee’s Complaint states a controversy over which this Honorable Court has
22 jurisdiction and venue is properly in this Court as Heart Attack Grill is licensed and does extensive
23 business within Clark County, Nevada; Lee was a resident of Clark County, Nevada; the case arises
24 out of Lee’s employment at Heart Attack Grill in Clark County, Nevada; the complained-of
25 discrimination, hostile work environment, and retaliation occurred in Clark County, Nevada; the
26 loss, injuries, and damages that underlie this claim against Heart Attack Grill were incurred by
27 Lee while she was in Clark County, Nevada; all amounts owed to Lee are due and payable in Clark
28 Page 2 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 County, Nevada; and Lee seeks an award in excess of $15,000.00.
2 FACTUAL ALLEGATIONS
3 10. Heart Attack Grill is a Delaware LLC, licensed and based out of Clark County,
4 Nevada.
5 11. Heart Attack Grill owns and operates a restaurant at 450 Fremont St., #130, in
6 downtown Las Vegas. Heart Attack Grill is a hospital themed restaurant whose website promotes
8 12. Heart Attack Grill requires its waitresses to dress as “nurses”. In this role,
9 waitresses are required to dress in scantily clad nurse uniforms. Photos and images of them are
11 13. The primary owner and operator of Heart Attack Grill is Jon Basso (“Basso”). Basso
13 14. Heart Attack Grill does not employ any Human Resource personnel. Instead, all
15 15. Lee’s employment at Heart Attack Grill began on or about October 13, 2011.
16 16. During Lee’s first few years at the company, Basso displayed a volatile temper
17 towards employees. At times he would heap praise upon them, and at other times he would
18 criticize them using overly harsh language. This pattern of unpredictable behavior continued
20 17. In 2015, Basso, a married man with kids, made the first of many inappropriate
21 romantic gestures towards Lee when he had dozens of roses delivered to Lee’s home on at least
22 4 separate occasions.
23 18. In or around May of 2016, while at work, Lee mentioned that she had been talking
24 to a guy with tattoos. Basso demanded that Lee come in the back of the restaurant with him,
25 where he yelled at her and told her how “disgusted” he was that would see someone with
26 tattoos. Basso told Lee, “no one will be with you after you’ve been with that disgusting piece of
27 shit.”
28 Page 3 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 19. In or around October of 2016, Basso showed up at Lee’s home. He began crying
2 and told Lee that he loved her and would give up everything for her.
3 20. Lee was in shock and was unsure how to respond to her boss. She explained that
4 she appreciated all that he had done for her, but that she did not reciprocate his feelings and
6 21. Basso was upset by Lee’s rejection, and he angrily left her home. Lee became
9 23. The termination was related to a background check Lee underwent as part of the
10 process of her becoming the key liquor license employee for the restaurant. When Lee delivered
11 the background check to Basso, he became enraged that portions of it were redacted. Lee was
12 told she was terminated and barred from the restaurant until she received an un-redacted
13 background check.
14 24. Lee reached out to local law enforcement and was told that the redactions were
15 routine and that her background check was complete and ready for submission.
16 25. Approximately one week later, Lee returned to work at Heart Attack Grill where
17 she learned Basso had falsely told her co-workers that she had falsified documents and that her
19 26. Lee submitted the background check as-is and was approved as the restaurant’s
21 27. On May 1, 2017, Basso wrote an email to Lee wherein he again expressed his love
22 for Lee while acknowledging that she does not feel the same way about him. Basso wrote, “I want
23 to call you, but rather I am writing this so that you may use it against me someday, feel free to. I
24 love you. I have always loved you. I will always love you. I am NOT saying this in a Christian sense.
25 I AM saying this in a romantic sense. Genuine love. Really really genuine. I am well aware that
26 you do not love me in return, that’s okay. I live in the real world where one just doesn’t win every
27 time.”
28 Page 4 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 28. Shortly thereafter, Basso delivered a typed-out note to Lee where he once more
2 professed his love for her. Basso wrote, in part, “Each time I arrive, a hundred new paths appear,
3 all pointing to an even better answer…it’s your hair…your teeth…your breasts…or knowing that I
4 only feel whole with you.” Basso continued, “Pity me because mine is the most painful existence.
5 Living so close to the woman I want so badly, yet knowing that I can never have you for my own.
6 I struggle so desperately to breath each time you enter a room yet I can never pull you close,
7 never satisfy my desire for you. Even if I were a single man how could I hope that someone as
8 incredible as you would return my affections, for if that were so I would be wealthy beyond
9 belief.” Basso concluded by telling Lee that he would continue on, “all the while desiring one
10 thing…you.”
11 29. Between 2016 and Lee’s final termination in November of 2017, Basso made a
12 number of harassing and inappropriate comments to Lee. Some of these were made verbally in-
13 person, while others were sent via text message or through handwritten notes.
14 30. Basso sent Lee a number of harassing and inappropriate text messages. These
17 dumpster where Basso had placed it, along with the message, “Where it
18 belongs.”
19 B. “I have never lied to a single person, not even my wife, about my personal
20 affections for you because I have never been ashamed of them, until now.”
21 This came after Basso berated Lee for serving a “runny” milkshake to a
22 customer.
23 C. “Let’s get to the ROOT of our real problem. Because I am totally open
24 about my feelings toward you, you have been granted de facto immunity
25 to commit any imaginable crime and I will ALWAYS support you. It’s part
28 Page 5 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 intelligence, beauty, everything that I would ever want in a woman, but
2 sadly everything I will also never be able to have because you could care
5 wrote, “I cannot bring myself to fire you, and I will NOT allow you to quit
6 because I am a jealous psychopath who believes that only I can best take
7 care of you. So get this resignation shit out of your head and help pull your
8 fair oar in our relationship.” Basso also wrote, “I HAVE to have you in my
9 life, and you know that, so you exploit me. You have ZERO reason to be
10 nervous about anything because you have absolute carte blanche over the
11 next 40 years of your life as I stoically grin and bear it, doing what is
13 love. What you should be nervous about is atoning for your sins on
14 judgment day.”
15 E. After Lee mentioned she was going to need time off to get injections in her
16 face, Basso responded, “Why don’t you just find someone who loves you
17 for the way you are? You are crazy to be injecting things into your face. In
18 the long run it’s going to make you look like:” Basso then sent Lee a link to
20 Basso later acknowledged, “That was mean and hateful of me, it’s just that
21 you look so incredibly perfect right now I can’t STAND the thought of some
22 scumbag charging you money to inject dangerous poisons into your face.
24 ONE! Please, Jaimee leave that beautiful face alone, please damnit.”
25 F. The next day, Basso wrote, “I had wine induced nightmares all night long
26 last night about you. PLEASE do not get any more facial injections PLEASE
28 Page 6 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 G. Later that day, Basso sent Lee a picture of her face and said, “Case in point.
3 with perfection you cannot improve upon it so the odds are that you’re
4 going to fuck it all up! How could a woman of your intelligence to be (sic)
5 so fucking stupid.” Basso also wrote, “You will undoubtedly use this text to
7 right ahead. But the fact remains I need to tell you…..YOU DO A GREAT
9 H. Lee texted Basso about a family member who was ill and potentially close
10 to passing away. Basso responded, “New Life Rule # 527. Only fall in love
12 I. Basso sent Lee a nude picture of himself. In the picture, Basso is not
13 wearing any clothes, although he is turned away from the camera and is
15 J. Lee texted Basso to let him know that she felt some of the photos he had
16 placed around the restaurant of her were unflattering and that she would
17 prefer if they were taken down. Basso responded, “You know DAMN well
19 documented FACT that I have often tried to bribe you to gain a significant
20 amount of weight. In any case, you placing any focus upon your physical
21 appearance is so darn silly as you already rank in the top 1% of all women.”
22 K. Basso wrote, “Jaimee, I am deeply in love with you, but I am more focused
23 on getting you a psychiatrist who can deal with all of these ‘issues’.” This
24 came after Basso falsely accused Lee of mis-reporting the restaurant’s cash
26 L. Basso wrote, “You are the only sexually attractive nurse we have.”
27
28 Page 7 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 31. Additionally, Basso delivered harassing and inappropriate handwritten notes to
2 Lee, sometimes in person and other times directly to her home. These handwritten notes include,
4 A. In a card, Basso wrote, “Be assured that I will always take care of you,
5 always, but the pain of having to remain my proper distance. I just can’t
7 B. With a flower delivery, Basso wrote, “I can’t help it!” With another flower
9 C. On a napkin, Basso wrote, “It is so painful to be the person who loves you
10 to a depth that he cannot express because the right words and the right
11 actions aren’t known. It’s a torture that can’t be ran away from because
12 the thought of not seeing you makes me fear that you might not find what
13 it is that you deserve which is everything beautiful and wonderful that this
14 world can offer. I’ve known many women. Far more than necessary to
15 know that you are someone beyond. You’re the one I cannot leave
18 because the only agony which could be greater would be to betray those
19 who trust and depend upon me for their physical and emotional security.
22 E. In another note, Basso wrote, “half the reason I don’t stick my dick into
23 you is because I am married, the other half is because you’re the best damn
24 employee I’ve EVER had and I don’t want to fuck that up!”
27 with your mommy. The problem is that I hate her more than I love her
28 Page 8 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 because of the way that she treats the person that I love most, herself. Like
3 incredible she is. Unfortunately I am the only one who knows it, she does
4 not even know how wonderful she is. It’s unfortunate that you have to
8 32. These harassing and inappropriate texts and messages continued through the
10 33. Throughout her time at Heart Attack Grill, Lee made clear to Basso that his
11 harassing comments, behavior, flirting, and sexual remarks were unwanted and that any feelings
13 34. Due to Heart Attack Grill’s lack of an HR department, Lee had no one to complain
15 35. In his messages and letters, Basso repeatedly acknowledged that Lee had rejected
16 his overtures and that she did not have romantic feelings towards him. Nevertheless, Basso
18 36. Over time, Basso began to resent Lee for her rejection of his repeated advances.
19 This resulted in him taking adverse employment actions against Lee, up to and including her
21 37. On November 5, 2017, Basso texted Lee to inform her that she would not be
22 scheduled that week. He threatened that if she did show up to work, “your behavior will be
24 38. Basso went on to threaten legal action if Lee spoke out about his abusive and
25 harassing behavior, writing, “As a further COURTESY, in case you are not thinking clearly, you are
26 under contractual obligation not to make any adverse public or private statements against the
27 company or myself. I remind you of this because in such case of any eyewitness coming forward
28 Page 9 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 the company would have every intention of immediately pursuing you in court at an enormous
2 expense which YOU are contractually obligated to pay regardless of which party prevails.”
3 39. Within days, Basso began telling other Heart Attack Grill employees that Lee’s
5 40. Lee eventually wrote to Basso, “You have sent me several messages expressing
6 your intent to find a way to eliminate me.” Lee expressed frustration that she was being forced
8 41. Lee was terminated from Heart Attack Grill effective on or about Monday,
10 42. Following Lee’s termination, Basso sent another threatening text, “I caution you
11 not to give any person the ability to bear witness that you have made any slanderous allegations
12 (such as the false statement that you were fired) against myself, any employees, or the company.
13 If so much as one person comes forward in witness of any of your adverse actions, we have
14 legitimate grounds for our counsel to take aggressive civil action against you at a cost which could
15 easily hit six figures. You are contractual (sic) obligated to cover that cost which would cause
16 lifelong damage to your credit rating. In short my advice to you is to leave us alone.”
17 43. Despite Basso’s repeated threats, Lee now brings this lawsuit.
19 Declaratory Relief
20 44. Plaintiff incorporates by reference the balance of the Complaint as though set
22 45. An actual controversy exists between Lee on the one hand and Heart Attack Grill
24 46. Specifically, Lee contends Heart Attack Grill is liable to her for violations of Title
26 47. Lee is informed and believes and thereupon alleges that Heart Attack Grill disputes
27 her contentions. Specifically, Heart Attack Grill and Basso have indicated that they believe two
28 Page 10 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 releases of claims that Lee was forced to sign as a condition of employment serve to bar portions
3 48. Lee did not receive any consideration in exchange for executing these releases.
4 Instead, the only consideration contemplated by the releases was Lee’s ongoing at-will
5 employment. This consideration was illusory as Lee was already employed by Heart Attack Grill
6 and the at-will nature of the employment meant she received no additional benefit above and
7 beyond what she already had. Therefore, the agreements are not binding as to Lee.
8 49. Lee seeks a declaration from this Court with respect to said controversies, and a
9 judicial determination of the rights and responsibilities of the parties and of all appropriate
12 Violations 42 U.S.C. § 2000e et. seq. and NRS § 613.330 – Sexual Harassment & Hostile Work
13 Environment
14 50. Plaintiff incorporates by reference the balance of the Complaint as though set
16 51. 42 U.S.C. § 2000e-2(a)(1) states, “it shall be an unlawful employment practice for
18 against any individual with respect to [her] compensation, terms, conditions, or privileges of
21 environment” in which unwelcome sexual conduct, “has the purpose or effect of unreasonably
25 described above in paragraphs 15 through 43, all of which are incorporated by this reference,
27 54. Basso was Lee’s supervisor. As such, all of Basso’s conduct must be imputed to
28 Page 11 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 Heart Attack Grill, i.e., Basso’s conduct described above in paragraphs 15 through 43 was in the
3 55. Additionally, Heart Attack Grill did not have proper policies, practices, and
4 procedures in place to address complaints of sexual harassment in the workplace. Instead, Lee’s
6 56. As described more fully above in paragraphs 15 through 43, Basso’s harassing
12 D. Appearing at Lee’s home and professing his love for her and then becoming
13 upset when Lee informed him that she did not feel the same;
14 E. Threatening Lee’s job when she pushed back and resisted his harassing
16 F. Retaliating against Lee by changing her hours, decreasing her pay, and
19 person, and it did detrimentally affect Lee because she felt a lack of self-esteem, self-worth,
20 depression, humiliation, fear for her job and security, anxiety, and among other things, general
21 emotional distress.
22 58. As a result of Defendant’s conduct, Lee was terminated from her employment
23 with the company and thus lost wages, benefits, future earnings, and other employment
24 opportunities.
25 59. Defendant’s conduct was carried on with willful and conscious disregard for Lee’s
27 deceit, concealment of material facts done with the intention, implied or in fact, to deprive Lee
28 Page 12 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 of her legal rights. Defendant’s conduct was designed to oppress, injure, or constitutes malice,
2 oppression, or fraud within 42 U.S.C. 2000e et. seq., and NRS 42.005. Upon Defendant’s wrongful
4 appropriate to punish or deter Defendant from future similar acts, or to make an example of
6 60. As a further proximate result of Defendant’s acts, Lee was compelled to retain
7 legal counsel. Defendant is liable to Lee for attorney’s fees pursuant to 42 U.S.C. § 2000e-5 and
9 61. The foregoing damages are in excess of $15,000.00, but are presently not fixed
10 and certain, and when the same are ascertained, Lee will move to amend her Complaint or to
14 62. Plaintiff incorporates by reference the balance of the Complaint as though set
17 any of [its] employees…because [she] has opposed any practice made an unlawful employment
18 practice by this subchapter, or because he has made a charge, testified, assisted, or participated
19 in any manner in an investigation, proceeding, or hearing under this subchapter.” NRS § 613.340
21 64. As discussed in detail above in paragraphs 15 through 43, which are fully
22 incorporated by this reference, Lee repeatedly and explicitly opposed and resisted Basso’s
23 sexually harassing behavior. Lee made clear to Basso that she did not reciprocate his feelings for
24 her and that his repeated harassment and inappropriate comments and messages were
25 unwanted.
26 65. Lee’s opposition and resistance constitute ‘protected activities’ for purposes of
28 Page 13 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 66. After Lee opposed and resisted Basso’s harassment, Defendant retaliated against
4 B. Removing Lee from a tipped position and thus, lowering her total
5 compensation; and
7 67. These adverse employment actions were made in retaliation for Lee’s opposition
9 68. As a direct and proximate result of Defendant’s violation of 42 U.S.C. § 2000e et.
10 seq. and NRS §613.340 et. seq., Lee has suffered lost wages, lost benefits, lost future earnings,
13 69. Defendant’s conduct was carried on with willful and conscious disregard for Lee’s
15 deceit, concealment of material facts done with the intention, implied or in fact, to deprive Lee
16 of her legal rights. Defendant’s conduct was designed to oppress, injure, or constitutes malice,
17 oppression, or fraud within 42 U.S.C. 2000e et. seq., and NRS 42.005. Upon Defendant’s wrongful
19 appropriate to punish or deter Defendant from future similar acts, or to make an example of
21 70. As a further proximate result of Defendant’s acts, Lee was compelled to retain
22 legal counsel. Defendant is liable to Lee for attorney’s fees pursuant to 42 U.S.C. § 2000e-5 and
24 71. The foregoing damages are in excess of $15,000.00, but are presently not fixed
25 and certain, and when the same are ascertained, Lee will move to amend her Complaint or to
27
28 Page 14 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com
1 PRAYER FOR RELIEF
3 1. For a declaration and Order setting forth the duties and rights of the parties,
4 particularly in light of the releases which Defendant asserts bars certain portions of Plaintiff’s
5 claims;
6 2. Damages including, but not limited to, damages for lost wages, pay, and
8 damages that have foreseeably resulted from Defendant’s actions, including damages for
9 emotional distress and other consequential damages; plus, all interest as provided by law,
11 $15,000.00;
12 3. Punitive and/or exemplary damages pursuant to 42 U.S.C. 2000e et. seq. and NRS
14 4. Attorneys’ fees reasonably incurred to enforce Lee’s rights within the law, in a sum
18 JURY DEMAND
19 Pursuant to the Seventh Amendment to the Constitution of the United States, as well as
20 Article 1, Section 3 of the Constitution of the State of Nevada, Plaintiff hereby demands a jury
23
/s/ Joseph N. Mott
24
Joseph N. Mott
25 Nevada Bar No. 12455
Scott E. Lundy
26 Nevada Bar No. 14235
Attorneys for Plaintiff
27
JAIMEE LEE
28 Page 15 of 15
Rempfer Mott Lundy, PLLC
10091 Park Run Dr., Ste. #200
Las Vegas, NV 89145-8868
(702) 825-5303; fax (702) 8254413
Info@rmllegal.com