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JOSEPH IARUSSI, Esq. Nevada Bar No. 9284 320 E. Charleston Blvd, Suite 105. Las Vegas, Nevada 89104 (702) 473-9640 (702) 473-9641 Fax Attorney for Plaintiff: DISTRICT COURT CLARK COUNTY, NEVADA ) ) Plaintiff, ) CASE NO. A597067 ) vs. ) DEPT NO: XIII ) THE MIRAGE CASINO-HOTEL, D/B/A ) ) COMPLAINT THE MIRAGE, A NEVADA CORPORATION, THE LIGHT GROUP ) ) LLC., A NEVADA LIMITED Exemption from Arbitration LIABILITY COMPANY, DANCING Amount in Controversy Exceeds MONKEY, LLC, A NEVADA LIMITED $50,000.00 LIABILITY COMPANY, and DOES I through X, ROE CORPORATIONS I through X, inclusive, KYLE ARBUCKLE, Defendants.

Plaintiff, KYLE ARBUCKLE, for his causes of action against Defendants, and Does IX, hereby alleges and complains as follows: 1. Plaintiff, Kyle Arbuckle is and has been a resident of Clark County, Nevada, at all times relevant herein. 2. Defendant, THE MIRAGE CASINO-HOTEL d/b/a THE MIRAGE is upon information and belief, a Nevada Corporation, which is and has been transacting business in Clark County, Nevada, all times relevant herein. 3. Defendant, The Light Group, LLC., is upon information and belief, a Nevada limited liability company, which is and has been transacting business in Clark County, Nevada, all times relevant herein. 1

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4. Defendant, DANCING MONKEY, LLC., is upon information and belief, a Nevada limited liability company, which is and has been transacting business in Clark County, Nevada, all times relevant herein. 5. The true names and capacities, whether corporate, individual, or otherwise, of Defendant Does I-X, inclusive and Defendant Roe Corporations I-X, are unknown to Plaintiff who therefore, sues such Defendant by fictitious names. Plaintiff is informed and believes and thereon alleges that each Defendant designated as a Doe or Roe Corporation caused or contributed to the injury and damages to Plaintiff as alleged herein. Plaintiff will ask leave of this Court to amend this Complaint to insert the true names and capacities of said Defendant Does I-X, inclusive and/or Roe Corporations I-X, inclusive, when the same have been ascertained by Plaintiff, together with the appropriate charging allegations, and to join said Defendant in this action. 6. All of the events giving rise to this Complaint occurred in Clark County, Nevada. BACKGROUND FACTS 7. That Plaintiff, Kyle Arbuckle is a professional photographer. 8. That on or about July 23, 2008, Plaintiff was at the Bare Pool and Lounge, which is, upon information and belief, operated by Defendant The Light Group, LLC, and/or Dancing Monkey LLC., on the property of and owned by Defendant The Mirage Casino and Hotel d/b/a The Mirage, located at 3400 Las Vegas Blvd S, Las Vegas, Nevada 89109, to take photographs of the performer Slashs Birthday Party. 9. That Plaintiff was lawfully on The Mirages property on said date

10. That Plaintiff was greeted at the event by an individual known as Liam, who was the Director/Manager of the Pool. 11. The manager of the pool Liam gave Plaintiff an All Access Pass to take photographs of the event. 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Moquin.

12.

That halfway through the event, as Plaintiff was taking pictures, Plaintiff was

approached by Ms. Denise Truscello a photographer from Wire Image who complained to him that Wire Image had exclusive rights to take all photos of the event, and that Plaintiff should not be there. 13. 14. 15. 16. 17. 18. exiting the stage area. 19. 20. Denise Truscello saw Plaintiff waiting outside the office and became furious. Ms. Tuscello went into Liams office and came out with another employee of Ms. Truscello next complained to Liam the manager of the Bare Pool, and Liam Liam asked Plaintiff if he would stop taking photos of the event, and if he would Plaintiff agreed not to take any more photos of the event and told Liam that he After the event was over Plaintiff returned to speak with Liam at the Bare Pool Plaintiff waited outside Liams office to speak with him. As Plaintiff waited outside Liams office, performers from the event were approached Plaintiff and advised him that there was a problem with Wire Image. leave until the event was over, and then he could return. would return after the event was over to review photos and discuss future events. office located next to the stage at Bare Pool.

The Light Group and/ Dancing Monkey LLC, and/or The Mirage Casino-Hotel, by the name of Kalika 21. 22. 23. 24. earlier in the week. Ms. Moquin began to yell at Plaintiff and demand he delete all of his photos Plaintiff explained to Ms. Moquin that he had an All Access Pass to be there Ms. Moquin again demanded that Plaintiff immediately delete all of the photos Plaintiff explained that he could not delete all of the photos because he had

contained in his digital camera. and that he was waiting to speak to her boss Liam. that he had on his camera card. taken pictures from earlier in the day and the camera card had other photos of events he had taken

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bare Pool. Pool. photos.

25. 26. 27. Plaintiffs possession. 28. 29. 30. 31. 32. guards at Bare Pool. 33. 34. 35. 36.

Ms. Moquin ignored Plaintiff and instructed security to delete Plaintiffs At that point security guards at Bare Pool, employed by Defendants, Next the security guards began to forcibly remove Plaintiffs camera from Plaintiff was then slammed into a wall by Defendants' security guards at Bare Then Plaintiff was beaten by the Defendants' security guards at Bare Pool. Then Plaintiff was choked by the Defendants' security guards at Bare Pool. Plaintiff suffered injuries from being attacked by Defendants' security guards at Plaintiff was unable to eat as a result of the attack by Defendants' security That Plaintiff was unable to sleep as a result of the attack by Defendants' That Plaintiff has suffered and continues to suffer from high levels of agitation as That Plaintiff has suffered and continues to suffer from severe emotional That Plaintiff lost profits and potential sale of the photos which were deleted as

approached Plaintiff and demanded that he delete the photos or he would be arrested.

security guards at Bare Pool. a result of the attack by Defendants' security guards at Bare Pool. distress as a result of the attack by Defendants' security guards at Bare Pool. result of the attack by Defendants' security guards at Bare Pool. FIRST CAUSE OF ACTION (Assault) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.) 37. Plaintiff re-alleges and incorporates by reference each and every allegation

contained in Paragraphs 1-36 as though fully set forth herein. 4

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38. 39.

That Defendants' security guards assaulted Plaintiff by intentionally placing That the fear and anticipation of harm, which preceded the unlawful beating

him in reasonable apprehension of immediate bodily harm. and injuries inflicted on Plaintiff, were the direct and proximate result of Defendants' security guards' tortious behavior. 40. damage. 41. Plaintiff is informed and believes that the acts of the Defendants were willful, malicious, intentional, and oppressive. That these acts were done in conscious disregard for the rights, welfare, and safety of the Plaintiff justifying the award of punitive and exemplary damages in an amount in excess of ten thousand dollars ($10,000.00). 42. and costs. SECOND CAUSE OF ACTION (Battery) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.) 43. 44. 45. 46. Plaintiff re-alleges and incorporates by reference each and every allegation That Defendants' security guards committed a Battery upon Plaintiff by That the willful and unlawful use of force and violence upon Plaintiff inflicted Plaintiff is informed and believes that the acts of the Defendants were willful, As a result of Defendants' security guards' attack on Plaintiff, Plaintiff has retained attorney Joseph Iarussi, Esq. to prosecute this claim and has incurred attorneys fees That as a direct and proximate result of that assault, Plaintiff suffered physical

contained in Paragraphs 1-42 as though fully set forth herein. willfully, unlawfully and without consent, using force and violence upon him. on him were the direct and proximate result of Defendants' security guards' tortious behavior. malicious, intentional, and oppressive. That these acts were done in conscious disregard for the rights, welfare, and safety of the Plaintiff justifying the award of punitive and exemplary damages in an amount in excess of ten thousand dollars ($10,000.00). 47. As a result of Defendants' attack on Plaintiff, Plaintiff lost profits from sales of the photos that were contained in his camera in excess of ten thousand dollars ($10,000.00). 5

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48.

As a result of Defendants' attack on Plaintiff, Plaintiff has retained an attorney and has

incurred attorneys fees and costs. THIRD CAUSE OF ACTION (Intentional Infliction of Emotional Distress) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.) 49. 50. guards. 51. Plaintiff asserts a claim of Intentional Infliction of Emotional Distress against all Defendants. The illegal assault, battery, and negligent supervision and training of officers are all outrageous conduct by the Defendants, which was the direct and proximate result of the Plaintiffs claim for relief. 52. on Plaintiff. 53. 54. 55. eat. 56. sleep. 57. Plaintiff is informed and believes that the acts of the Defendants were willful, malicious, intentional, and oppressive. That these acts were done in conscious disregard for the rights, welfare, and safety of the Plaintiff justifying the award of punitive and exemplary damages in an amount in excess often thousand dollars ($10,000.00). 58. As a result of Plaintiffs emotional suffering, Plaintiff has retained an attorney and 6 incurred attorney's fees and costs. As a result of Defendants' security guards' outrageous actions, Plaintiff was unable to As a result of Defendants' security guards' outrageous actions, Plaintiff has suffered As a result of Defendants' security guards' outrageous actions, Plaintiff has suffered As a result of Defendants' security guards' outrageous actions, Plaintiff was unable to and continues to suffer from high levels of agitation. and continues to suffer from severe emotional distress. Defendants' security guards recklessly disregarded the impact their attack would have Plaintiff re-alleges and incorporates by reference each and every allegation contained On or about July 23, 2008, Plaintiff was outrageously attacked by Defendants' security

in Paragraphs 1-48 as though fully set forth herein.

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FOURTH CAUSE OF ACTION (Negligence) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.) 59. 60. Plaintiff repeats and realleges each and each and every allegation contained in Defendants had a duty to exercise due care in its dealings with the Plaintiff and in the

Paragraphs 1-58 above, and incorporates the same herein by reference. selection, training, supervision, oversight, direction retention and control employees, and agents retained by Defendants to provide security services. Said Defendants, its agents and employees, had a duty to protect the Plaintiff while he was on Defendant's property. 61. 62. 62. 63. That Defendants breached these duties, thus causing the above described injuries and That as a direct and proximate result from Defendants breach of duty, Plaintiff has Plaintiff has been required to retain Joseph Iarussi, Esq. to prosecute this action, and is Plaintiff informed and believes that the acts of the Defendant were intentional and damages to the Plaintiff. physical and financial damages. entitled to a reasonable attorney's fee. malicious and with disregard for the rights, welfare and safety of the Plaintiff, justifying an award of damages in excess of $10,000.00. FIFTH CAUSE OF ACTION (Negligent Infliction of Emotional Distress) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.) 64. 65. Plaintiff. 66. Plaintiff asserts a claim of Negligent Infliction of Emotional Distress against all Defendants. The illegal assault, battery, and negligent supervision and training of officers are 7 Plaintiff re-alleges and incorporates by reference each and every allegation contained Defendants negligently breached their duty when they allowed security guards to attack

in Paragraphs 1-63 as though fully set forth herein.

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negligent conduct on behalf of Defendants which is the direct and proximate result of the Plaintiffs claim for relief. 67. 68. 69. 70. 71. 72. Defendants negligently disregarded the impact their actions would have on Plaintiff. As a result of Defendants' negligent actions, Plaintiff has suffered and continues to As a result of Defendants' negligent actions, Plaintiff has suffered and continues to As a result of Defendants' negligent actions, Plaintiff was unable to eat. As a result of Defendants' negligent actions, Plaintiff was unable to sleep. Plaintiff is informed and believes that the acts of the Defendants were malicious, and

suffer from high levels of agitation. suffer from severe emotional distress.

oppressive. That these acts were done in conscious disregard for the rights, welfare, and safety of the Plaintiff justifying the award of punitive and exemplary damages in an amount in excess often thousand dollars ($10,000.00). 73. As a result of Plaintiff's emotional suffering, Plaintiff has retained an attorney and incurred attorney's fees and costs. SIXTH CAUSE OF ACTION (Negligent Supervision and Training) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.) 74. 75. Plaintiff re-alleges and incorporates by reference each and every allegation contained Plaintiff asserts a claim of Negligent Supervision and Training against Defendants.

in Paragraphs 1-73 as though fully set forth herein. Defendants had a duty to exercise reasonable care in the hiring, selection, oversight, direction, retention and control of employees and agents involved in the assault, battery, and illegal seizure, committed upon Plaintiff. 76. hardship. 8 As a direct and proximate result of the Defendants' breach of those duties, Plaintiff suffered physical injuries, pain and suffering, mental and emotional anguish, distress, and financial

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77.

Plaintiff is informed and believes that the acts of the Defendants were malicious, and

oppressive. That these acts were done in conscious disregard for the rights, welfare, and safety of the Plaintiff justifying the award of punitive and exemplary damages in an amount in excess of ten thousand dollars ($10,000.00). 78. 79. Defendants security guards physically restrained Plaintiff by using extreme physical Defendants had a duty to Plaintiff to hire security guards who were well-trained, force by choking Plaintiff. restrained in their use of force, and otherwise competent to both shield Defendants property from any potential danger or intrusion without inflicting unnecessary harm or damage on any individual. 80. Defendants failed or refused to properly hire, screen, train and/or supervise those members of their security team to carry out their duties in a manner that was well-trained, restrained, orderly, or competent. 81. As a direct and proximate result of Defendants failure to properly hire, screen, train and/or supervise those members of their security team, Plaintiff was injured on the above-mentioned date and his photos and other work product were destroyed costing him thousands of dollars in revenue in excess of ten thousand dollars ($10,000.00). 82. 83. 84. 85. 86. Because of the above-mentioned injuries, Plaintiff has lost income from not being able As a direct and proximate result of Defendants negligent supervision and training of its Punitive damages are warranted and justified in light of Defendants willful, malicious, Plaintiff has been forced to retain the services of legal counsel to protect his interest As a result of Defendants' security guards' attack on Plaintiff, Plaintiff has retained an to sell valuable photos taken on the date of incident and other dates prior to said incident. security guards Plaintiff has been damaged in an amount in excess of $10,000.00. and oppressive behavior in excess of ten thousand dollars ($10,000.00). herein, and, therefore, is entitled to an award of reasonable attorneys fees and costs incurred. attorney and has incurred attorneys fees and costs.

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SEVENTH CAUSE OF ACTION (VICARIOUS LIABILITY/RESPONDEAT SUPERIOR) (against Defendant The Mirage Casino-Hotel dba The Mirage; Defendant, The Light Group, LLC.; and Defendant, Dancing Monkey, LLC.)

87. 88. 89. 90.

Plaintiff repeats, realleges and incorporates by this reference each and all of the On or about July 23, 2008, Plaintiff was viciously assaulted and battered by Defendants Upon information and belief, the security guards were employees of The Mirage Casino Upon information and belief, at the time of the incident that is the subject of this

allegations contained in paragraphs 1 through 86 of this Complaint. security guards while at the Bare Pool. Hotel, and/or The Light Group and/or Dancing Monkey LLC, at all times relevant herein. Complaint, The Security guards were under the control of The Mirage Casino Hotel, and/or The Light Group and/or Dancing Monkey LLC,. 91. 92. Upon information and belief, at the time of the incident that is the subject matter of this That as a direct and proximate result of the negligence, carelessness, recklessness of the Complaint, the security guards were acting within the scope of their employment. security guards while acting within the scope of their employment, liability is imputed to The Mirage Casino Hotel, and/or The Light Group and/or Dancing Monkey LLC. 93. Pursuant to the doctrine of Respondeat Superior, Defendant, The Mirage Casino Hotel and/or The Light Group and/or Dancing Monkey LLC., are vicariously liable and responsible for the acts of their security guards and thus are the cause of personal injuries to the body and psyche of Plaintiff in addition to his financial loss. 94. That as a direct and proximate result of said injuries, Plaintiff has been required to engage the services of physicians to care for and treat him; that Plaintiff is entitled to reimbursement for the bills incurred for medical treatment and therapy; for Plaintiffs pain and suffering, and his financial loss. 95. That Plaintiff has, since the incident, experienced pain and suffering all to his general damages in the total sum in excess to $10,000.00

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96.

The conduct of the Defendants as herein alleged was willful, intentional, oppressive,

fraudulent, malicious, and done in a reckless disregard of the safety and rights of Plaintiff, thereby warranting the imposition of exemplary damages. 97. That Plaintiff has been required to retain the services of Joseph Iarussi, Esq. to prosecute this action and is entitled to reasonable attorneys fees and costs. WHEREFORE Plaintiff prays for each and every aforementioned cause of action, the following relief against Defendants and each of them. 1. For general damages in an amount in excess of $10,000, 2. For special damages in excess of $10,000, 3. For future damages in excess of $10,000, a sum to be proven at trial, 4. For punitive and exemplary damages in an amount in excess of $10,000; 5. For economic damages in excess of $10,000; 6. For an award of attorney's fees and costs of suit as provided by Nevada revised statutes; 7. For prejudgment interest as provided by law; and 8. For such other and further relief as the Court may deem just and proper. DATED this ______ day of _________________, 2009 Respectfully submitted: JOSEPH IARUSSI, ESQ. _____________________________ JOSEPH IARUSSI, ESQ. Nevada Bar No. 9284 320 E. Charleston Blvd, Suite 105 Las Vegas, Nevada 89104 (702) 473-9640 (702) 473-9641 Fax Counsel for Plaintiff

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