Las Vegas Review-Journal

■ A Wynn Resorts filing said a judge dismissed a sexual harassment case properly.

- By Richard N. Velotta

Wynn Resorts Ltd. has filed a legal brief in support of an appeals court upholding a July ruling in a lawsuit filed by nine anonymous women who said they were sexually harassed by the company’s former CEO Steve Wynn.

In a 60-page answering brief filed Wednesday, Wynn Resorts told the 9th U.S. Circuit Court of Appeals that District Court Judge James Mahan ruled properly that the women failed to sufficient­ly defend their decision to use pseudonyms and improperly

used a collective pleading instead of pleading individual acts.

The case was dismissed, though the plaintiffs filed an appeal in August asking the appeals court to revive the lawsuit.

Mahan ruled the women did not follow the proper procedure in their appeal.

“Here, the District Court stated in its order of dismissal the deficienci­es in plaintiffs’ amended complaint may be cured by amendment,” the Wynn response said. “However, an observatio­n that something might be possible is not the equivalent of authorizin­g such action.”

Mahan had dismissed the action in July after the women alleged that Wynn Resorts knew about Steve Wynn’s actions and tried to cover up the misconduct.

The women chose to be referred to as Judy Does in the lawsuit and argued that the use of their real names could lead to retaliator­y defamation lawsuits by Steve Wynn, being ostracized at work or having their lives upended if the sensitive details of the case were made public.

The court sided with a federal magistrate who found the plaintiffs had not sufficient­ly pleaded their case to keep their names hidden and said the women failed to convince the court that their privacy interests outweighed the public’s right of access to the judicial proceeding­s.

“Although plaintiffs wish to preserve their anonymity, this causes several deficienci­es in their claims against the Wynn defendants,” Mahan said in his ruling. “Throughout their complaint, plaintiffs use generalize­d and vague statements without individual­ized factual support for their allegation­s.”

Mahan also sided with Wynn Resorts’ argument that the plaintiffs should have pleaded individual facts — a requiremen­t in sexual harassment claims — instead of collective pleading.

The court cases are tied to allegation­s that led to Wynn’s departure from Wynn Resorts Ltd. in 2018.

Wynn, formerly chairman and CEO of the company, stepped down from those positions days after The Wall Street Journal published an explicit account of him demanding sexual favors from and assaulting female hotel employees. Wynn has denied every allegation.

Matt Maddox, one of the longest-serving executives at Wynn Resorts, replaced Wynn as CEO.

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