$1425 m uxma = =- m Calvin R.X. Dunlap, Esq. s;4d5;';h Nevada State Bar #2 11 1 =m , ,, , mme .aNY 66 =8:g Monique LaxaIt, Esq. -=8 m ~ - - f -$zE = = v, "6 -, > = - k c r" > A 3.- c 2Q 5 Nevada State Bar # 1969 P. 0.Box 3689, Reno, Nevada 89505 537 Ralston St., Reno, Nevada 89503 775-323-7790 Attorneys for Plaintiff , cwEr8 ga2 w = I W L O a, =.~g.=:g-= . Zoo=< I IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE 1 Andrea McNulty, $V09 02222 Case N . Plaintiff, VS. Ben Roethlisberger; John Koster; Guy Hyder; ark Masters; Dave Monroe; Mike Rosenow; Neall; Bryan Casuscelli; Stacy Dingman; OE DEFENDANTS I-XX Y 19 20 21 22 (partnerships, companies and business entities that have an ownership interest in and promote Defendant Roethlisberger, his name, his celebrity, and his various commercial enterprises); DOES XXI-XXXV(individua1s who participated in and committed acts alleged herein, individually, or along with or at the direction of other Defendants, andlor conspired with other Defendants to cause the harms alleged herein), 23 I Defendants. / COMPLAINT COMES NOW, the Plaintiff in the above entitled matter, by and through her ndersigned attorneys, and for her Claims for Relief complains and alleges the facts and :gal claims set forth below. JURISDICTION AND VENUE I. As set forth below, the Plaintiff is and was, at all times relevant, a resident of the tate of Nevada. The acts and events complained of herein happened in the State of Nevada. Fefendant Monroe is a resident of Washoe County, Nevada. Therefore, venue is proper in Jashoe County and in the State of Nevada. THE PARTIES 2. Plaintiff, Andrea McNulty is, and at times relevant hereto, was a resident of the ~tateof Nevada. 3. Defendant Ben Roethlisberger (hereinafter sometimes "Roethlisberger"), at all :levant times was and is a celebrity athlete, a quarterback, employed by the Pittsburgh teelers. 4. On information and belief Plaintiff alleges that Defendant Roethlisberger was an ivited guest of Harrah's prior to and during the 2008 Celebrity Golf Tournament at Lake ahoe (hereinafter sometimes referred to as the "Celebrity Tournament") . 5. On information and belief Plaintiff alleges that at all times relevant, Defendant oethlisberger was and is a resident of the State of Pennsylvania. 6. On information and belief Plaintiff alleges that Defendant Roethlisberger, at all :levant times, was in the State of Nevada for commercial purposes including for romotional consideration. 2 Copy of original docu nt on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 7. Defendant John Koster (hereinafter sometimes "Koster") was, at all times relevant, I1 Harrah's Northern Nevada President (Tahoe President). 4- 1 I11 8. On information and belief Plaintiff alleges that, at all times relevant, Koster was 6 and is a resident of Douglas County, Nevada. 9. Defendant Guy Hyder (hereinafter sometimes "Hyder") at aH times relevant, was ) m d is Chief of Security at l i d ' s Lake W o e . 9 10. On information and belief Plaintiff alleges that at all times relevant, Hyder was 10 and is in fact a resident of Woodsfords/ Markleeville, California, although, on information f " 'iI2 and belief he claims to be a Nevada resident. rn L 2 V) S4~::: g f k 13 0 0 uao' "bguq ~ 9 t 15 h I I. Defendant Dave Monroe (hereinafter sometimes "Monroe"), at all times relevant, was and is Vice President of Food and Hotel Operations at Harrah's Lake Tahoe. 12. On information and belief Plaintiff alleges that all times relevant, Monroe was adFdG i i a : ~i s 3 n 0, 17 and is a resident of Washoe County, Nevada, residing in Reno, Washoe County, Nevada. 13. Defendant Mike Rosenow (hereinafter sometimes "Rosenow"), at dl times I 19 relevant, was Vice President of Human Resources at Harrah's Lake Tahoe. 20 1 14. On information and belief Plaintiff alleges that at all times relevant, Rosenow llwas a resident of Douglas County, Nevada, and is presently a resident of Florida. 15. Defendant Debbie Neall (hereinafter sometimes 'TJeall") at all times relevant 23 1 hereto was and is the Employee Relations Manager for Harrah's Lake Tahoe. 24 25 1 16. On information and belief Plaintiff alleges that Defendant Neall was and is a resident of Douglas County, Nevada. Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 17. Defendant Mark Masters (hereinafter sometimes "Masters") at all times relevant hereto, was and is employed at Harrah's Tahoe in security and is a close associate of Hyder. 4 II 18. On information and belief Plaintiff alleges that at all times relevant, Masters was 1 1 19. Defendant Stacy Dingman (hereinafter sometimes "Dingman") was formerly and (and is a resident of Douglas County, Nevada. 7 i(atsome times relevant hereto was Director of Hotels at Harrah's and was and is currently lemployed by Lakeside inn and Casino. 9 20. On information and belief Plaintiff alleges that Dingman was and is a resident of 10 9 C 1 11 Douglas County, Nevada. ! $i? 12 21. Defendant Bryan Casusce1l.i (hereinafter sometimes "Casuscelli") was and is, at all times relevant hereto, Harrah's Tahoe's Director of Player Development, and Ben Roethlisberger's Executive Casino Host. 22. On information and belief Plaintiff alleges that Casuscelli was and is a resident of D Douglas County, Nevada. I ,811 23. On information and belief Plaintiff alleges that Defendant Roethlisberger is an I 19 owner of or has a financial interest in various DOE DEFENDANTS I-XX (hereinafter 20 (IsornetimesDOES I-XX) partnerships, companies and business entities that have an 21 ownership interest in and promote his name, his celebrity, and his various commercial 22 enterprises. 23 24 1 I 24. On information and belief Plaintiff alleges that Defendant Roethlisberger and 25 DOES I-XX, DEFENDANTS, together, sought to promote the Roethlisberger "brand" by 26 27 28 4 Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 2 participation in the Harrah's Tahoe Celebrity Golf Tournament. 3 25. DOE DEFENDANTS XXI-XXXV are individuals and/or business entities who 4 combined with and/or conspired with one or more Defendants to advise, to assist, to 5 I 1 6 facilitate, andlor to commit the acts complained of herein and are also liable for the damages 7 llcaused to Plaintiffs. 26. At all times relevant hereto, Defendants and the Doe Defendants were the agents, lland servants, of the other named Defendants who were acting in the course and scope of 10 their agency and at some times their employment, and with the knowledge, direction, and * I1 3 12 llconsent of their principal(s) andlor employer. L h * ' I zEf$; 13 '8 2 .ag;$~ 4 '! ks ~ a , 27. The true names or capacities of Defendants named herein as DOES I-XXX, 0) a:xlQif inclusive, are to plaintif% who sue said Defendants by such fictitious and Plaintiff will amend this Complaint to show their true names and capacities when the same z a o ~ c 3 a= $ have been ascertained. Q p 17 n W 2 l!Aa& 18 11 28. Plaintiff McNulty applied for a position in the Hotel at Harrah's Lake Tahoe, l9 20 Iwas ofiered a job, accepted the offer, and relocated to Lake Tahoe, State of Nevada. She *'1 lbegan her employment with Harrah's in March of 2003. Plaintiff began her employment with 22 Harrah's in March of 2003 as a Hotel Shift Manager, at the Front Desk. She was promoted 23 1 to the Reflection's Spa Manager in or about July, 2004. 24 25 26 27 1 29. After approximately six months, Plaintiff became the VIP Shift Manager 30. Approximately six months later, she was promoted by the Vice President of / I ~ o t eOperations l to the VIP Services Manager. 2 3 1. Plaintiff was responsible for setting the direction of VIP departments, budgeting, 3 4 and capital project submissions. Plaintiff was also appointed to serve on the project team that oversaw the building of the Summit Suite Penthouses, a 30 million dollar project. 1 32. Plaintiff was, also, charged with the responsibility of building, and training the 8 33. Plaintiff eventually was recognized, upon completion of projects, by Harrah's as 9 the "Leader of the Quarter" for the Tahoe properties. 10 34. After completion of the capital projects, with success in getting them off the * 11 3 I- 1 $- 12 ground, Plaintiff sought to transition into the Casino Marketing department. C % $ S 13 35. Plaintiff applied for the position of an Executive Casino Host, was offered the x:'?xg 558:: mag oa8$%. l4 position in February, 2008 and began reporting to the Vice President of Casino Marketing, 15 Jennifer Trinkaus. 16 5 % ~ ~ f Q:; n g 36. In July of 2008 the NBC American Century Celebrity Golf Tournament was held 17 j9 1 37. In addition to her regular responsibilities, Plaintiff was scheduled to be on the i(~erithousefloor each and every night during the event serving a concierge-like function, in 21 lladdition to her other duties. 23 24 1 38. When Plaintiff questioned this, Plaintiff was told by her superiors that because of IP II er level of expertise, reputation for excellent service, and knowledge of the Penthouse 25 facilities and Staff, she was selected to serve the important and celebrity guests, on that floor. 39: Plaintiff felt honored to be considered for such a position and reported each day 2 //tocarry out her other duties and those duties. 1 40. Prior to the event starting, Plaintiff was introduced, by one of the Butlers, to Ben I Roethlisberger, an NFL Quarterback for the Pittsburgh Steelen who had checked in on or 5 Ilabout July 5,2008. 6 1 41. Plaintiff knew that Roethlisberger was a celebrity, but was not very familiar with 11 42. Plaintiff was, also, familiar with Roethlisberger's name fiom hearing Harrah's f3 (Ihisfootball career. Northern Nevada President (idhoe President), John Koster, bring his name up on several occasions. 43. Plaintiff also learned that Defendant John Koster was paired with Ben Roethlisberger for the golf event. 44. Plaintiff learned that Koster boasted about what good friends he and Roethlisberger were on many occasions. 45. There were other very high profile guests on the floor, including, among others, Michael Jordan and Charles Barkley. 46. On or about July 10,2008, Defendant Roethljsberger came to Plaintiffs desk and struck up a conversation. There was a discussion of fly-fishing and of the fact that Plaintiff 22 llwas an avid fly fisherman. 23 1 47. It was Plaintiff's responsibility to serve all of these guests on the floor, in tddition to her role as an Executive Casino Host. 48. Hyder, the Harrah's Director of Security, commented to Plaintiff on how pleasant Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 1* /I 1 Roethlisberger was, and said that Koster was a huge fan of Roethlisberger. 49. Hyder emphasized how important it was for Plaintiff to ensure that Il~oethlisbcr~er had a nice trip. 4 50. On the evening of Friday, July 1 I , 2008, Plaintiff, after being on the Harrah's 5 casino floor in the high limit area, taking care of one of her guests, returned to her post on 6 1 the Penthouse floor, at approximately 10:OO p.m.. 9 1lithe 1 lo 51. On Friday July 1 lth,2008, Plaintiff was at her post, on the seventeenth floor, in Penthouse area, at approximately ten o' clock p.m. in the evening. 52. Ben Roethlisberger returned to his room with a young woman who Plaintiff had not seen before. She left his room approximately 20 minutes later. 53. Roethlisberger walked her to the elevator. He then stopped by Plaintiffs desk and said hello. He talked with Plaintiff and other staff for approximately 20 minutes. 54. As Roethlisberger left, he mentioned to Plaintiff that his television sound system was not working. 55. Plaintiff offered to have someone from engineering fix it. 19 2o 1 56. Roethlisberger said that he would call about it later. I1I 57. A few minutes later, Ben Roethlisberger's name came up on Plaintiffs 21 telephone, at her desk. 22 23 1 58. Plaintiff answered the phone, and Roethlisberger said that his television was still broken and asked if Plaintiff could fix it. 24 59. Plaintiff said that she would have someone look at it and he responded by asking 25 I1 if Plaintiff would come and "take a quick look". 26 60. Plaintiff called her boss, Jennifer Trinkaus, the VP of Casino Marketing, but 1 2 Trinkaus did not answer her phone. Plaintiff later learned that Trinkaus was allegedly in the 61. Plaintiff also called engineering, but was unable to reach anyone. 62. Roethlisberger caHed, again, asking when Plaintiff was going to fix the television. 1 63. Mindful of Hyder's earlier admonition that Koster wanted to be sure that 8 ll~oethlisber~er had a good trip, and because of Roethlisberger's insistence, Plaintiff 9 complied with Roethlisberger's demand that she go to fix the television. 10 4'P C 3 g 64. Plaintiff knocked on Roethlisberger s door, the last door on the left at the end of 11 the hallway on the 17thfloor, and Roethlisberger opened it. He was wearing athletic shorts 12 5; and a t- shirt. 65. Plaintiff entered the room. The room was a mess. 66. Plaintiff asked which television it was that was malfunctioning. 67. Roethlisberger led her to the adjacent room and pointed at the bedroom n $a 17 television. 4 68. Plaintiff picked up the remote control and attempted to identify and solve the 20 alleged problem or problems. 69. The equipment functioned properly and Plaintiff could see no problem with the 21 22 lltelevision or with the sound system and so informed Roethlisberger. 23 1 1 70. As Plaintiflattempted to leave the room, Roethlisberger stood in front of 25 ~ l a i ~ ~ blocking iff, her way. Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 71. Roethlisberger was and is a very large person, reportedly Six Foot Five inches tall I1 2 and approximately two hundred and forty pounds, much larger than Ms. McNuity. 3 4 5 1 72. Roethlisberger grabbed Plaintiff and started to kiss her. 73. Plaintiff was shocked and stunned that this previously friendly man, that appeared I to be a gentleman in her previous contacts with him was suddenly preventing her from 6 1 leaving, was assaulting her and battering her. 1 74. Ms. McNulty feared that since he was a football player he could or would 9 llphysically hum her if she attempted to fight him. 1 * I1 3 1 $ '75. Plaintiff communicated her objection and lack of consent. 76. Plaintiff protested several times, but instead of stopping, Roethlisberger began 12 <*%:& 13 fondling Plaintiff through her dress and between her legs. Xi$%$ q $m ~n o< 14 : 77. Roethlisberger held her against her will and physically moved Plaintiff and dp;$r 8 15 pushed her onto his bed. Sf ;g. ay t $ Z Q ; ~ -I6 3 Q 17 0 IL! 78. Despite additional protests, he kept going, pulled her underpants off and proceeded to penetrate her. 79. Plaintiff continued to protest "You don't want to do this." 20 1I I11I 80. Panicked, Plaintiff begged, "Please don't" and also, hoping it would cause him 21 o stop, attempted to stop him by saying, "I am not on any type of birth control." 22 24 8 1. Roethlisberger continued to penetrate Plaintiff, against her will, stating, "Don't 82. Roethlisberger did "pull out" and ejaculated on PlaintifPs stomach. 25 26 1 83. After that, Roethlisberger allowed Plaintiff to get off of the bed. 84. Very shocked and upset, Plaintiff got up and immediately went into the athroom, where she splashed water on her face, and tried to pull herself together. 85. When Plaintiff came out of the bathroom, Roethlisberger asked, "There are ameras on this room, aren't there?" Plaintiff said, "Yes. There are cameras everywhere." 86. Roethlisberger, acting very wonied, sternly instructed her, "If anyone asks you, ou fixed my television." "You fixed my television. Now go!", he said sternly. 87. Plaintiff left the room, embarrassed, stunned and confused. 88. Plaintiff left the building, shortly thereafter, and went to her truck, in the parking ~ t ,and drove away, very distraught, and crying. 89. The next day, Plaintiff reported to work and attempted to do her job, but still very hocked and distressed, sobbing and crying, Plaintiff called Guy Hyder, the Chief of iecurity, and told him what happened. 90. Hyder dismissed Plaintiffs distress and crying and responded by saying that 'laintiff was "over reacting", that "most girls would feel lucky to get to have sex with omeone like Ben Roethlisberger" and that "Koster would love you even more if he knew .bout this.'' Hyder said, "Koster would suck his dick if Roethlisberger let him." 91. From the day of the assault, Plaintiff became increasingly anxious, afraid, and lepressed . 92. Plaintiff was frightened, lost sleep, and became very wary of others, particularly nen, and did not know who to turn to after she had reported this very traumatic incident to Iyder, Chief of Security, assuming that the assault would be investigated by him, and that he appropriate executives would be notified . Copy of original doc ?nt on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 93. Hyder, apparently unwilling to displease Koster or make the least inquiry, uticularly of Defendant Roethlisberger, did not do his job of investigating the assault and, I information and belief, of properly reporting it as was his duty. 94. Plaintiff now suspects, however, that Koster was informed of the assault and 2ttei-y by Hyder, of her report of it and of his, Hyder7s,dismissal of the incident intended to iscourage any report by Plaintiff. 95. Hyder failed to preserve any evidence, failed to interview any witnesses, Wicularly Roethlisberger, and, apparently fearful of reprisals by Koster, failed to conduct I investigation of this serious matter, as was his duty. 96. At a gathering in August of 2008 Defendant Monroe stated to Plaintiff that .oster was very good friends with Roethlisberger and if Plaintiff ever let on that she knew im, Roethlisberger, or had any personal conversations with him, Koster "will personally fire ~u for starting rumors about Roethlisberger's personal life." "John will fire you, Andrea," lonroe said, "that's how he is." "That guy (Roethlisberger) can have anyone he wants." 97. Plaintiff fell into a depression which deepened over time. 98. Plaintiff felt that she had nobody to turn to at Harrah7sand was afraid of the msequences of reporting it to police authorities since it was obvious to her that Harrah's ~d its personnel, particularly Hyder and Koster, would side with and support .oethlisberger,the celebrity friend of Koster. Koster valued his friendship with .oethlisberger more than employee safety. 99. Plaintiff told herself that she just had to try to deal with the trauma on her own nd get through Labor Day so she could go home and seek rehge with her family. Copy of original doc 'nt on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 100. The day prior to Labor Day, Plaintiff fell apart, stopped eating, could not sleep, 1 / 2 Isuffered a nervous breakdown, and became so anxious and depressed that her self-care went 1 ! I idramaticslly downhill. 4 101. Plaintiff caIled her boss and told her that something temble had happened, that 5 6 she did not want to speak to her about it, and asked to go home to her parents' house. 1 1 9 102. Plaintiff was not eating and had lost a great deal of weight. 103. Plaintiff was reluctant to tell her parents or anyone what had really happened. 1 104. Plaintifl's parents were very concerned about Plaintiff's dramatic change in her * 1 lappearance and her obvious depression and anxiety. But, Plaintic not wanting to distress a 11 her parents, by telling them what had happened to her, did not inform her parents of what ? c:m 12 C il In 13 k3;x had actually happened. EXWS 105. Plaintiff flew back to Lake Tahoe in bad shape, and was checked into the Reno mag 14 J $ o q * qas, L i $ 8 15 Renown Hospital on or about September 2 5 ' where she was diagnosed with major 52:*p 5! z 3 0 p depression and anxiety. 17 106. Plaintiff had to be fed intravenously because of the lack of fluids. The 4 2 18 19 emergency room doctors felt that Plaintiff was very anxious and so depressed that she should I1 be admitted to West Hills Hospital, a Reno facility that treated anxiety and depression . She 2o *' 1P z2 1 23 /1 as admitted on or about September 261h,2008. 107. While at West Hills, Plaintiff was heavily drugged, and was frightened and Jltraumatizsdby some ofthe inmates. 24 108. Plaintiff was hosoitalized there until on or about October Zd 2008. Copy of original docuient on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada I 109. Upon discharge from West Hills, Plaintiff had nightmares and was put on 1 l 2 several anti -depressants, anti-anxiety drugs and on sleep medication. 4 (1 I 110. Plaintiff filed for a Family Medical Leave Act (FMLA) leave and was released from work. 5 11 1. Plaintiff did not recover and, therefore, was, then, sent to a care facility in Napa 6 8 11 1 12. Plaintiff was admitted to St. Helena Hospital, until on or about October 14", I 1 9 2008 and was released on or about October 30" 2008. Plaintiff was diagnosed with extreme ( I ~ o sTraumatic t Stress Disorder (PTSD), Anxiety, and Major Depression. L 3 1 1 13. After leaving St. Helena Hospital, Plaintiff returned to her home at Zephyr 12 A Cove, Lake Tahoe. 1 14. Plaintiff continued a discharge treatment program for PTSD, anxiety and 15 depression, on an outpatient basis. 1 15. A few weeks later, on or about November lgth,2008, Plaintiff was admitted to a - P 171) p 18 n u! Carson City Hospital, again, for major depression and anxiety and was in grave health due to 19 20 21 not eating and sleeping. I1 1 1 16. Plaintiff was thirty pounds lighter and her spirit was broken. 117. During the fall of 2008, while Plaintiff was hospitalized, Hyder entered into 22 Ilcontact with Plaintiffs parents, stating falsely that the reason for Plaintiffs breakdown was 23 lithe cessation of Plaintiff's e-mail correspondence with a young man, and omitting all II reference to and concealing the sexual assault that had taken place on July 1 1,2008. 25 1 18. Hyder proceeded to gain the confidence of the McNulty family and pretended to I I1 2 progress for his own purposes andlor for those of Koster and other Defendants. 3 4 1 1 19. Hyder, pretending to be a friend, told Plaintiff that he should have a key to her home, in order to check on her. 5 120. Believing Hyder's claim that he was a fi-iend and was helping her, and, under the 6 7 I1circumstances, believing his stated purpose or purposes for having the key, Plaintiff provided I 8 him with a key. Subsequently, Hyder andone or more of the other Defendants, including I 9 Defendant Masters, entered her home, and on information belief, without her knowledge, (/proceededto examine, and remove and alter the content of and the file or files and information on her work laptop computer, and to remove her computer, which was done without her knowledge and understanding, and was done for the purpose of providing the information to Harrah's and for their own, Defendants' purposes. 121 . Near the end of her leave time, Plaintiff, at risk of losing her job, and, particularly, concerned about the possible loss of her much needed medical benefits and the 9 assistance she so badly needed, returned to work during the Thanksgiving weekend, 2008. 18 122. Plaintiff attempted to work as hard as she could, but the setting was a disturbing 19 I reminder of the sexual assault and battery. 21 23 l 123. PIaintiff was called by a pit boss at Harvey's, and went there to assist with a 124. The pit boss, during that visit to the pit, asked Plaintiff, "What happened? Why 24 were you in the hospital?" 25 26 125. Plaintiff became tearful and indicated to the pit boss that she couldn't talk about Copy of original docuient on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada t. 126. The next day, Plaintiffs Manager, Rod Campbell called her at home and asked ier to come to his office. She went to work early and was faced with Defendant Debbie qeall, the Manager of Employee Relations. 127. Plaintiff was given her first ever "Negative Work History" documentation for lllegedly "becoming visibly upset in view of both guests and employees on the casino floor which placed others in an uncomfortable position." This allegation was false. 128. At the meeting, Defendant Neall did not ask for Plaintiffs version of what iappened, nor did she ask any questions. 129. Plaintiff, initially, under the circumstances, refused to sign the write up because t did not reflect what happened. 130. Because Plaintiff became very upset concerning this treatment, Defendant Iebbie Neall took Plaintiff to the in-house clinic. The doctor said that Plaintiff was not well :noughto work. He opined that she has been through a lot. 13 1. Plaintiff was put on another leave. 132. A few weeks later, on December I 8'h, 2008, Plaintiff was admitted to Barton demorial Hospital at Lake Tahoe. 133. Plaintiff was devastated and was very afraid of being retaliated against if she poke out about what had happened. 134. Plaintiff was afraid to return to work but was under extreme pressure to return )ecauseof her medical expenses, loss of income, debt piling up, and with a desperate need or on-going treatment and health insurance. Copy of original doc1 ent on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada I1 135. Plaintiff was afraid to speak out to Harrah's because she was, under the I 2 circumstance, very afraid of the consequences and was, by her experience, and knowledge, ilconvinced that Hanah's would continue to side with the celebrity and do nothing as Hyder 4 had done. 5 136. She knew that on multiple occasions President Koster had referred to his very 6 ' 1 1lk 1 close personal relationship with Roethlisberger. 9 137. She learned that he had said that he was welcome in RoethIisberger's home and versa. 138. Plaintiff was afraid that she would be terminated if she said or did anything that might displease Roethlisberger or Koster. 139. Plaintiff is informed that in late December of 2008 or early January of 2009, Hyder, Monroe, Rosenow and Koster met for the specific purpose of discussing Stacy Dingman had reported that plaintiff had divulged to her that she had been ' by Defendant Roerhlisberger during the 2008 Celebrity Tournament. d u! l7 !- 18 19 (1 140. Plaintiff is M e r informed that at that time Defendants Hyder, Monroe, Rosenow and Koster reached an agreement not to investigate the incident. Defendants, I1 instead, continued to surveil and monitor Plaintiff, hoping she would do nothing. 2o 21 22 1 141. In early March of 2009 Plaintiff spoke with the physician at Harrah's, told him IChat had occurred, explained that she was always very afraid she had suffered to say anything, and that was much over the past few months. Copy of original docukent on file with the Clerk of Court -- Second Judicial District Court, County Washoe, State of Nevada I 2 Relations, concerning the matter. He cryptically inquired of Neall as to what Neall would do 3 //ifan employee was assaulted or attacked by a guest while at work. 4 143. Neall reportedly responded that Harrah's would have no responsibility in 5 reporting it but would encourage the employee to make a report with Douglas County 6 1 sheriffs Department. I1 144. The doctor asked Plaintiff for permission to discuss the incident with Debbie I 9 Neall which Plaintiff gave to him, but, upon later inquiry by Plaintiff, the doctor said he had llchanged his mind about contacting employee relations and Debbie Neall, and suggested that 8 11 4 12 3 ' Plaintiff would be better off not pursuing the matter further with Hanah's. 145. The Dr. released Plaintiff back to work on March 3'*, 2009. That return date was delayed by Neall. 146. Because of the lapse in the FMLA and the new start date, Plaintiffs health d insurance was canceled. - z Pn. 1711 w !?! 147. On the day before her return to work, Plaintiff went to Guy Hyder's ofice and 18 19 20 asked to speak to him, privately. 148. Plaintiff was tearful and said, do you remember that day that I called you about I1 21 the incident with Ben Roethlisberger, referring to the day after the sexual assault? Hyder 22 Isaid, Yes. 23 24 149. Plaintiff then said, I want you to know that that is specifically why I have fallen apart over the last few months. I was very scared and I didn't know what to do. 25 26 150. Plaintiff stated that her problems arose directly out of the sexual assault by Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada Loethlisberger. Hyder said, "I figured that was what was wrong, but I thought it was just ke a date rape thing." Hyder then said that he knew that Plaintiff was very distraught and pset, but that he thought that she had regretted sleeping with Defendant Roethlisberger and ecarne upset. 151. Plaintiff, again, very upset by Hyder's comments, and disappointed with this tatement, left Hyder's office in tears. 152. After returning to work on Friday, March 6,2009, Plaintiff was subjected to arious acts by the Defendants which were intended to silence her and to dissuade her from Jrther mentioning the sexual assault which had taken place during the 2008 Celebrity 'ornament. 2 zigg Gi Z i S 8 a"o8 153. On her first day back to work, Plaintiff was reissued the negative work history '3 14 , rom Harrah's based on the incident which had occurred on November 29,2008, and was 11d that an!, fiu-ther e~isodeswould result in termination. 9:kg" zwB:E16 3 0 8 17 2 18 L 19 154. Plaintiff was told about an incident wherein the Director of Player Development, Lryan Casuscelli, Ben Roethlisberger's Executive Casino Host, was seen removing and hrowing away Plaintiffs business cards that were in the Butler pantry. 155. When confronted by one of the butlers, Defendant Casuscelli stated that she 20 21 Plaintiff) may be coming back (to work), but she will never be a Host again. 22 23 156. Plaintiff complained to Supervisor Rod Campbell, but Campbell stated that he vasn't comfortable speaking to Bryan about it because he was hoping to be considered for 24 he promotion to Vice President of Casino Marketing and speaking to Bryan might rock the 25 26 roat. 27 2e Copy of original doc ent on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 157. A few days afterward, Plaintiff had a meeting with Mike Rosenow, Vice I 2 President of Human Resources for Harrah's, and told him that she was very concerned with lithe write up, with Bryan Casuscelli's remarks regarding the business cards, and the overall 4 . level of support, or lack thereof that she was receiving from Harrah's. 5 158. She explained that she had been through a considerable amount of anguish and 6 1 that she was trying her very best to return to work and be an asset to the company. *9 1llactions and agreed that it was in very poor 1 H9 54 sBE x5:g.i 159. Rosenow noted that John Koster was aware of the Defendant Bryan Casuscelli's lassured Plaintiff that there would be written statements taken from the Butlers who were 11 present. 12 + d a x m L taste and would not be tolerated. Mike Rosenow 160. Rosenow asked Plaintiff to continue staying focused on her work. l3 161. On or about the early part of March, 2009, Plaintiff, during the course of her _]boa. m o o 14 datsf a E U 5 work shift, was in the company of guests, and introduced the guest to Koster. a$;6! 16 ZZOW3 0 f 17 b 162. Notwithstanding Koster's awareness of the assault which had taken place on July 11,2008, Koster proceeded to engage in an effusive and laudatory description of his 18 "close fiendship" with Ben Roethlisberger. 19 20 21 1 163. Koster knew of the devastating impact this would have on Plaintiff, but chose, 1I P onetheless, to send a message to Plaintiff that he, Koster, was supportive of his friend 22 pethlisberger, continued to admire this rapist, would not tolerate any but the most laudatory 1 23 liew and comments regarding Roethlisberger and would not investigate in any way the sault which had taken place during the 2008 Celebrity Tournament. 25 26 I' 164. Fearing reprisal and that she was being set up for termination, Plaintiff sought Copy of original docuient on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada *1 165. On April 2,2009, the undersigned Counsel sent a letter to Gary Loveman, 1 hairm man, Chief Executive Officer and Pres. Of Harrah's Entertainment lnc., Tom Jenkin, :President, Western Division and William Buffalo, Vice President and Deputy General 5 Counsel, informing them of the assault that had taken place on July 1 1,2008, and of the acts 6 /I c3f ratification, condonation and approval by the executives at Harrah's Tahoe, and of the acts *9 11 matter and of those acts. i ~ failure d to act of Hyder, requesting a full and independent investigation of the entire 10 5 a,asL 166. Plaintiff believes that Counsel retained by Harrah's Entertainment, Inc., 39 11 ; 12 interviewed Defendants Koster, Hyder, Monroe and Neal1 regarding their actions and E failures to act upon learning of the sexual assault that had taken place during the 2008 13 x ~ 3 e ~ 5 8 : 14 Celebrity Tournament. qa,kz; g e F 15 167. On April 13,2009, Counsel for Harrah's Entertainment, Inc., sent a letter to Sziai zaowk 3 n Plaintiffs Counsel communicating what Plaintiff believes to be character assassination p 17 advanced by Defendants Koster, Hyder, Monroe, Neall and Dingman intended to inflict 4 @ 18 emotional distress on Plaintiff, to defame Plaintiff, and to dissuade Plaintiff from pressing 19 I1 claims against Roethlisberger andlor Defendants and Harrah's. 20 21 I1 I 168. The attorney, among other things, set forth false and scurrilous claims by 22 Defendant Stacy Dingman who had combined with Hyder and others in this defamation and 1 23 lattacks on Plaintiff. 1 169. Dingman has been known to be a close personal friend of and to be personally 26 involved with Hyder, 28 Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada Ilaint in tiff 170. The Defendants sought by the letter and the accusations in it to dissuade 2 4 from pursuing this matter against any of the Defendants and others involved in this 171. Plaintiffs Counsel requested access to the Harrah's electronic surveillance and 5 other phone and radio and electronic communications for the purpose of confirming facts 6 1 relating to these claims. That request for access has been repeatedly ignored or denied. 0 172. Nonetheless, demand has been made that all evidence in this matter be 9 lipreserved, including, but not limited to all information regarding Ben Roethlisberger during (Ihis stay at Harrah7s. a 11 s : 12 173. Notwithstanding the Defendants' full awareness of the assault which took place f 5 0 8 z b g # k 13 on July 1 I , 2008, they have again invited Defendant Roethlisberger to to be the guest of w m m 2 qx., 9 8 :, 14 q!jsf a 9 tt $ V 5 Harrah's during the 2009 celebrity golf tournament, while insisting that Plaintiff, to the detriment of her client relations, and her professional future, take a paid leave for a two-week 4 ~ ; ~ ; - Z 3 O UJ period of time to accommodate her assailant. Defendants have done so with full knowledge 3 "'=I n q 17 of the emotional impact such action would have on Plaintiff. n w 174. Additionally, on various occasions, Defendants and agents of Harrah's have I1 !I )/ attempted to obtain detailed statements from Plaintiff and have lobbied her against and 2o 21 discouraged her from pursuing any claims relating to this outrage. 22 175. Defendant Monroe,who had held himself out as Plaintiffs and her family's 23 friend and was acutely aware of the emotional devastation suffered by Plaintiff, as recently 24 as June of 2009, falsely informed Plaintiff that he was unaware of the fact that she had been 25 26 sexually assaulted. Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada I1 2 and her attorneys in particular while pretending to be her friend. 3 177. Defendant Monroe has been guilty of complicity in the cover-up of this very serious incident, has, along with other Defendants, adopted, ratified, and approved the 5 I1 conduct of Roethlisberger and others who have failed to properly investigate and pursue this 6 7 lmaner according to the law and according to Harrah's stated policies, practices and I/ 8 procedure, and has failed to be the friend that he pretends to be and has failed to stand up to 9 lother Harrah's executives and insist that Mr. Hyder and others be punished for their failure ' llandior failures to properly investigate and pursue this matter upon receiving Plaintiffs report f 1 lshortly after the sexual assault. 178. Plaintiff has incurred medical bills in excess of Three Hundred and Eighty Thousand Dollars ($380,000.00) as a direct and proximate result of the harm done to her by the Defendants. 179. Plaintiff has lost wages in excess of Thirty Thousand DoIlars ($30,000.00) 180. Plaintiff has suffered and continues to suffer extreme emotional upset and pain 19 I1 due to the sexual assault by Roethlisberger and the acts of the other Defendants named 20 (herein. 21 I CLAIMS AGAINST DEFENDANT BEN ROETHLISBERGER FIRST CLAIM FOR RELIEF ASSAULT 24 181. Plaintiff incorporates by reference each and every allegation in the preceding 25 IP aragraphs as if set forth, herein, verbatim. 26 Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 182. Defendant Roethlisberger caused Plaintiff to feel apprehension of a harmful or 1 I 2 offensive contact with or on her person. 3 1 183. That apprehension of a harmful and offensive contact caused Plaintiff to suffer llhm and injury. 5 184. Defendant suffered damages thereby as set forth herein. 185. Defendant's acts were intentional and malicious. 1 186. As a direct and proximate result of the wrongful conduct of Defendant II 9 Roethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and /Iprofessionalreputation and other damages, and incurred legal expenses, all to Plaintiff's 2 11 damage in an amount in excess of TEN THOUSAND DOLLARS ($1 0,000.00), according $ $ 12 3 proof at the time of trial. 187. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and ~ppressive,entitling Plaintiff to an award of exemplary and punitive damages in an amount ufficient to deter Defendant from engaging in such conduct in the future. SECOND CLAIM FOR RELIEF SEXUAL ASSAULT AND BATTERY 188. Plaintiff incorporates by reference each and every allegation in the preceding I (1 2 1 paragraphs as if set forth herein, verbatim. 22 189. Defendant Roethlisberger made an intentional, unlawful, and harmfi.11 sexual contact with and on the person of Plaintiff including, but not limited to sexual penetration of Plaintiff. 190. As a direct and proximate result of the wrongful conduct of Defendant Copy of original docuient on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada I 2 professional reputation and other damages, and incurred legal expenses, all to Plaintiffs 4 I1 damage in an arnount in excess of TEN THOUSAND DOLLARS ($10,000.00), according to proof at the time of trial. 5 191. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and 6 1 I 1 oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount 8 sufficient to deter Defendant from engaging in such conduct in the future. 1 1 12 sb%$5 13 J;Pdr, 14 1 FALSE IMPRISONMENT 192. Plaintiff incorporates by reference each and every allegation in the preceding -$ I- THIRD CLAIM FOR RELIEF paragraphs as if set forth herein, verbatim. 193. Defendant Roethlisberger intentionally and unlawfidly acted and committed acts 4g;SE L 1t q $ 15 intended to and did confine Plaintiff within boundaries fixed by Defendant and did, thereby, bd;+. --I,coz? 3 0 a confine her against her will. 9 17 194. Defendant's acts directly and indirectly resulted in such a confinement of 4 E 18 20 21 1 195. Plaintiff was conscious of a confinement and was harmed by it. I1 196. As a direct and proximate result of the wrongful conduct of Defendant 22 Roethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and 23 professional reputation and other damages, and incurred legal expenses, all to Plaintiffs 24 25 26 damage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according /lo proof at the time of trial. II Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 197. The conduct of Defendant Roethlisberger was willfbl, wanton, malicious, and II 2 oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount 3 Jlsufficientto deter Defendant from engaging in such conduct in the future. FOURTH CLAIM FOR RELIEF FALSE PRIETENSES 198. Plaintiff incorporates by reference each and every allegation in the preceding I 8 paragraphs as if set forth herein, verbatim. 9 (1 199. Defendant Roethlisberger intentionally and unlawfully acted and made Ilstatements that were false and that pretended facts and circumstances designed to deceive 8 -i 5 F) 11 Plaintiff and to induce her to act on and rely on said false pretenses to her detriment. 12 200. Defendant's acts directly and indirectly resulted in action and conduct by 0 Q F ~ $ L13 Xi%,x ~ E4Z :2! 8 14 Plaintiff in that, but for those false pretenses, would not have occurred. "eu;y 201. As a direct and proximate result of the wrongful conduct of Defendant [ L f ? k ~ g15 91:6l p' cwze 5 2 ?! 2 6 Roethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and 17(b, rofessional reputation and other damages, and incurred legal expenses, all to Plaintiffs w 18 damage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00),according 19 proof at the time of trial. 20 21 l 202. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and 22 (loppressive,entitling Plaintiff to an award of exemplary and punitive damages in an amount 23 (lsufficientto deter Defendant Roethlisberger from engaging in such conduct in the future. FIFTH CLAIM FOR RELIEF FRAUD II Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada 203. Plaintiff incorporates by reference each and every allegation in the preceding 1 I 2 paragraphs as if set forth herein, verbatim, 1 204. Defendant Roethlisberger intentionally made statements and representations that ere false and were known to be false. 205. Defendant Roethlisberger intended to induce Plaintiff to act or refrain from 6 1 acting upon the statements and misrepresentations. I 9 lo 206. Plaintiff justifiably relied upon Defendant's statements and representations. 1 207. As a result, Plaintiff suffered damages thereby, as set forth herein. 1 208. Defendant's acts were intentional and malicious. 209. As a direct and proximate result of the wrongful conduct of Defendant Roethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and professional reputation and other damages, and incurred legal expenses, all to Plaintiffs damage in an amount in excess of TEN THOUSAND DOLLARS ($1 0,000.00), according to proof at the time of trial. 2 10. The conduct of Defendant Roethlisberger was willful, wanton, malicious, and 18 19 bl ppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount ufficient to deter Defendant from engaging in such conduct in the future. 20 21 22 I1 1 SIXTH CLAIM FOR RELIEF INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 2 1 1. Plaintiff incorporates by reference each and every allegation in the preceding 25 aragraphs as if set forth herein, verbatim. 2 12. Defendant Roethlisberger's conduct was extreme and outrageous with the intent I/ of and reckless disregard for causing emotional distress to Plaintiff. 1 2 13. Plaintiff suffered severe and extreme emotional distress with severe physical llsyrnptomology as the actual and proximate result of Defendant's conduct. 214. As a direct and proximate result of the wrongful conduct of Defendant I Roethlisberger, Plaintiff suffered great mental anguish, extreme damage to her career and 6 rofessional reputation and other damages, and incurred legal expenses, all to Plaintiffs 7lP 8 damage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according 9 I1 O 1 lto proof at the time of trial. 21 5. The conduct of Defendant was willful, wanton, malicious, and oppressive, I. ntitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to I" eter Defendant Roethlisberger fiom engaging in such conduct in the future. CLAIMS AGAINST JOHN KOSTER,GUY IIYDER, DAVE MONROE, MIKE ROSENOW,DEBBE NEALL, MARK MASTERS, BRYAN CASUSCELLI,AND STACY DINGMAN I SEVENTH CLAIM FOR RELIEF I INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS I IP 21 6. Plaintiff incorporates by reference each and every allegation in the preceding aragraphs as if set forth, herein, verbatim. 20 11 21 7. Defendants' various conduct was extreme and outrageous and was committed 22 kith the intent of causing harm and with reckless disregard for causing harm and emotional istress to Plaintiff, who was known to be a vulnerable person in recovery. 24 25 26 I 21 8. Plaintiff suffered severe and extreme emotional distress, with extreme physical I1 II ymptomology, as the actual and proximate result of Defendants' conduct. Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada , , 2 19. As a direct and proximate result of the wronghl conduct of Defendants, and II 2 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and 3 i)professionalreputation and other damages, and incurred legal expenses, all to Plaintips Jamage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according to proof at the time of trial. 6 I/ 220. The conduct of Defendants was willful, wanton, malicious, and oppressive, 8 I)entitlingPlaintiff to an award of exemplary and punitive damages in an amount sufficient to I 9 deter Defendants, and each of them from engaging in such conduct in the future. EIGElTE CLAIM FOR RELIEF INVASION OF PRIVACY 22 1. Plaintiff incorporates by reference each and every allegation in the preceding paragraphs as if set forth herein, verbatim. 222. Plaintiff had an actual expectation of seclusion, solitude, and privacy which was objectively reasonable. 223. Defendants Hyder and Masters and other Defendants intentionally intruded upon the exclusion, solitude, and privacy of the Plaintiff. 20 1 lr 224. Defendants by pretense and fraud and misrepresentation gathered information 21 egarding the private and personal life of Plaintiff and regarding her medical condition or 23 1 225. The intrusions were such that each one was and would be highly offensive to laintiff and would be highly offensive to a reasonable person. 25 26 i II 226. Defendants Hyder and Masters entered Plaintiffs home and gathered Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada I1 2 her computer and other private information including medical information. 227. Plaintiff alleges on infornlation and belief that Defendants Hyder and Masters copied, deleted, altered, and destroyed, the private and personal information of Plaintiff on 1 11 the computer and sought to and did inspect it to determine information about Plaintiff and the state of mind of Plaintiff, the information possessed by Plaintiff and other information 8 lrelated to the sexual assault and the conduct of and involvement of others and relating to her 1 9 Elationship with third parties before and afier the July 1 1,2008 incident. 'O 1 228. Defendants publicly disclosed private facts regarding Plaintiff to which she had a right of privacy. 229. These disclosures and each of them was and would be offensive and objectionable to a reasonable person of ordinary sensibilities. 230. Defendants' conduct was extreme and outrageous with the intent of and reckless disregard for causing emotional distress to Plaintiff. 23 I . Plaintiff suffered severe and extreme emotional:distress as the actual and $ 18 roximate result of Defendants' conduct. 232. As a direct and proximate result of the wrongll conduct of Defendants, and 20 II 21 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and 22 i&rofessionalreputation and other damages, and incurred legal expenses, all to Plaintiffs amage in an amount in excess of TEN THOUSAND DOLLARS ($1 0,000.00), according proof at the time of trial. 25 26 233. The conduct of Defendants was willful, wanton, malicious, and oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount suficient to 1 I/ 2 deter Defendants, and each of them from engaging in such conduct in the fiiture. NINTH CLAIM FOR RELIEF TRESPASS 5 6 234. Plaintiff incorporates by reference each and every allegation in the preceding I /I paragraphs as if set forth herein, verbatim. 235. Plaintiff had an actual expectation of seclusion, solitude, and privacy on and in II 9 her home which was objectively reasonable. / a 1 236. Defendants Hyder and Masters intentionally intruded upon the seclusion, lo lsolitude, and privacy of the Plaintiff by entering into her home and on her land. 3 $m 12 237. Defendants and each of them, personally or through their agents, trespassed 6 St%$& 13 w8mg I/ upon and throughout her home and gathered information regarding her medical conditions, ~ l4 5$22:;, b ~ ~I1 lothers, including, but not limited to Hyder and Masters, to trespass for their benefit. n p $ 15 and regarding other private matters and information andor aided, counseled and encouraged 0 P 238. The intrusions and trespasses were such that each one was and would be highly a W -J W C 19 20 I I offensive to a reasonable person. 239. Defendants Hyder and Masters trespassed upon and entered Plaintiffs home and I1 21 gathered information, including, without limitation, information from Plaintiffs computer 22 and other private information including medical information and other and private 23 24 information. I/ " 26 b 240. Defendants disclosed said information to Harrah's and to each other and ublicly disclosed the private information and these private facts and/or information of Copy of original document on file with the Clerk of Court -- Second Judicial llistrict Court, County of Washoe, State of Nevada I/ 241. Disclosure was and would be offensive and objectionable to a reasonable person *3 //ofordinay sensibilities. 5 1 242. Defendants' conduct was extrerne and outrageous and was with the intent of and reckless disregard for causing emotional distress to Plaintiff. 6 I 243. Plaintiff was caused to suffer and suffered severe and extreme emotional 1 244. As a direct and proximate result of the wmngfil conduct of Defendants, and I1 distress, as the actual and proximate result of Defendants' conduct. 9 lleach of them, Plaintiff suffered great mental anguish, extreme damage to her career and xofessional reputation and other damages, and incurred legal expenses, all to Plaintiffs lamage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according :o proof at the time of trial. 245. The conduct of Defendants was willful, wanton, malicious, and oppressive, :ntitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to leter Defendants, and each of them from engaging in such conduct in the future. TENTH CLAIM FOR RELIEF DEFAMATION,DEFAMATION PER SE AND TRADE DEFAMATION *'I1 246. Plaintiff incorporates by reference each and every allegation in the preceding 22 l~aragraPhsas if set forth herein, verbatim. 247. Defendants made false and defamatory statements regarding the character of and :redibility of Plaintiff in general and in particular regarding the assault, battery and false mpri sonrnent of Plaintiff by Ben Roethlisberger. 2611 *3 11 and mental health. 249. Defendants made false and defamatory statements regarding Plaintiffs physical 5 1 250. Defendant Dingman falsely reported that Plaintiff was being treated in the hospital for schizophrenia and made other false and defamatory statements regarding 6 Plaintiff when she knew that Plaintiff's problems arose out of having been sexually 7 8 assaulted. 9 $ !i < oaf xi$$; 5E $ d .al;gE a5~:$ " 12 25 1. Defendants made false and defamatory statements regarding Plaintiffs 1 1 lre~atipnshi~s with various men. 252. Defendants made false and defamatory statements regarding Plaintiflabout her honesty, integrity and credibility and regarding her stability andfor suitability for l3 employment. 253. Defendants made unprivileged publications and communications of the 15 J?&-? Z $ 0 u. 3 n '6 foregoing statements. pn 1 7 254. Defendants knew or upon reasonable inquiry and investigation would have WA k 18 learned that their defamatory statements were false and were, at the very least, negligent in 19 IPTI aking the statements and publications. 2o *'I1 /I 1 22 23 255. Defendants imputed sexual promiscuity to Plaintiff. 256. Defendants imputed a lack of fitness for her trade, business, and profession. 257. Defendants imputed serious sexual misconduct to Plaintiff 258. Plaintiff sustained substantial actual and presumed damages to her person and rofession as the direct and indirect consequences and result of those acts and statements. 26 II Copy of original document on file with the Clerk of Court -- Second Judicial District Court, County of Washoe, State of Nevada- I1 2 each of them, Plaintiff suffered great mental anguish, extreme damage to her career and 3 lprofessional reputation and other damages, and incurred legal expenses, all to Plaintiffs damage in an amount in excess of TEN THOUSAND DOLLARS ($10,000.00), according 5 to proof at the time of trial. 1 260. The conduct of Defendants was willfbl, wanton, malicious, and oppressive, entitling Plaintiff to an award of exemplary and punitive damages in an amount sufficient to *9 I/deter Defendants, and each of from engaging in such conduct in the future. I" * 11 I I them ELEVENTH CLAIM FOR RELIEF ! !i m CIVIL CONSPIRACY 12 s 26 1. Plaintiff incorporates by reference each and every allegation in the preceding 4 m " L 13 X ~ H S ,g paragraphs as if set forth herein, verbatim.