Joseph R. Francis v. Wynn Las Vegas LLC dba Wynn Las Vegas, Stephen V. Wynn, Barbara Conway, and Does 1 through 10, inclusive
Published: Aug. 1, 2015 | Result Date: Jul. 8, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:11-cv-09054-DSF-VBK Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Defendant
Robert E. Shapiro
(Barack, Ferrazzano, Kirschbaum & Nagelberg LLP)
Facts
"Girls Gone Wild" founder Joseph Francis sued Wynn Las Vegas LLC dba Wynn Las Vegas and casino mogul Stephen Wynn and his wife, Barbara Conway, in connection with the collection of his alleged multimillion-dollar debt from gambling.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs accused defendants of defaming him in their attempt to collect on an alleged gambling debt. Plaintiff contended that defendants made false statements and filed a civil case against him in their attempt to collect an alleged gambling debt that plaintiff claimed harmed his reputation. Plaintiff alleged that one of the cases had been dismissed due to defendants' delay. Plaintiff sued defendants for malicious prosecution, abuse of process, intentional misrepresentation, defamation, intentional infliction of emotional distress, and conspiracy.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses. Defendants alleged that plaintiff owed debts arising from two markers, one for $2.5 million and another for $300,000. Defendants alleged that plaintiff was unable to pay the debt due to his incarceration. Defendants alleged that they ultimately won a judgment for the outstanding amount and attempted to collect on it.
Result
The court initially ordered Francis to appear at a pretrial conference and comply with certain orders, and his failure to do so prompted the court to enter judgment in Wynn's favor. The court then dismissed the lawsuit with prejudice.
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