Attorneys for casino high roller Dwight Manley continue to press to depose more witnesses in their case in U.S. District Court in Las Vegas on behalf of Manley, who alleges he lost millions at blackjack after being drugged while gambling in December 2021 in the MGM Grand Mansion high-limit salon in Las Vegas.
If Manley is right and can prove it, it would rock the company to its core. If he’s exposed as a sore and vindictive loser, he’s sure to face formidable blowback for harassing a licensed casino company with more than 30 shimmering gaming properties around the world.
That’s one reason a federal magistrate’s decision to reopen discovery in the case, including allowing sworn interview sessions with hotel executives, raises the stakes considerably. A stipulated agreement filed Monday in U.S. District Court in Las Vegas has both parties agreeing to delay depositions until a potentially key player’s standing in the case is adjudicated.
More than four years after Manley claimed someone slipped the tranquilizer ketamine into his Old Fashioned cocktails, causing him to sign credit-limit extensions up to $3.5 million – and losing more than $2 million in all – his attorneys finally appear close to deposing current and former employees they believe possess information that will shed light on the case.
An MGM patron for more than three decades, Manley gambled for three hours before becoming so groggy he could barely stand, surveillance video shows. At least one employee noticed his condition and reported it, according to the lawsuit, but casino personnel neither provided medical attention nor stopped him from playing, despite the erratic behavior that included breaking an ashtray and cutting his hand.
Attorneys for MGM counter that the case should be dismissed for a lack of evidence that either the company or its employees acted irresponsibly. In recent filings, attorneys Lawrence Semenza III and Katie Cannata have sought to end discovery and the litigation.
As the case has dragged on, Manley has taken out billboards offering $1 million for information that will help him prove he was drugged. In court documents, he has stated that he tested positive for ketamine after returning from Las Vegas to his California home and denied using the drug. Plaintiff expert and longtime gaming-industry executive Danny Wade has stated his belief that the company failed to follow standard practices when dealing with Manley.
In 2023, attorneys for MGM won a partial dismissal of the complaint and US. District Judge Miranda Du appeared less than enthused about the plaintiff’s arguments.
Has something changed?
Plaintiff attorneys Paul Hejmenowski and Charles McCrea argue that the additional depositions are essential to augment their argument that MGM management failed to follow the law and its own workplace rules.
Last month, U.S. Magistrate Judge Elayna Youchah issued an order extending discovery in the case to include the questioning of five witnesses considered important to the plaintiff. She denied the request to include two others, including the MGM Grand’s head of security.
Manley’s attorneys in late January filed an objection to the magistrate’s denial of the deposition of MGM Grand Chief of Security Sean Durand. On Monday, attorneys for both sides agreed to delay depositions until the magistrate rules on the Durand objection.
The five witnesses include Vice President of Customer Development Chris Durlej, MGM Resorts International General Manager Stewart Patchefsky, Director of Table Games William Ash, Director of Food and Beverage Kendall Hart, and Director of Surveillance Ronald Buono.
Although the case is entering its fifth year, the attorneys insist in the stipulated agreement that they’re not trying to stall the process:.“This Stipulation is not made for the purpose of undue delay and is without prejudice to or waiver of any parties’ rights and arguments with regard to their respective Objections.”
Allowing additional depositions and the possibility of questioning the hotel’s chief of security under oath are signs the magistrate is paying close attention to both sides’ arguments.
