VANNAH & VANNAH.
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Case 2:18-cv-00763-RFB-NJK Document1-3 Filed 04/26/18 Page 8 of 11
1 || MATTHEW R. VANNAH, ESQ.
Nevada Bar No. 006
VANNAH & VANNAB
400 South Seventh Street, Fourth Floor
Las Vegas, Nevada 89101
4 || Telephone: (702) 369-4161
Facsimile: (702) 441-0808
mvennah@vannahlaw.com
6
corneys for Plainti’
7 DISTRICT COURT
CLARK COUNTY, NEVADA
9
10|} 7a . a
WILLIAM PEGG, CASENO: A-17#
n DEPTNO: 28
Plaintiff,
2H vs,
B FIRST AMENDED COMPLAT
CONOR McGREGOR, MeGREGOR SPORTS.
14) AND ENTERTAINMENT, LLC, and DO!
15 |] trough 10,
16 Defendants.
7
Is JURISDICTION
19], wattiam Pegg (“Pegg”) is an individual residing in Clark County, Nevada.
20
vy [2 Conor repo Mires an inva siding Clark Coun, Nevada
39 ||3. McGregor Sports and Entertainment, LLC. is a Nevada limited liabitity company, doing
23 business in Clark County, Nevada.
24 ;
4, The true names of DOES 1 through 10, their citizenship and capacities, whether a natural
25
6 person, corporation, business trust, estate, tust, partnership, association, joint venture,
27 government or govemmental subdivision, agency, or instrumentality or any other legal or
28 commercial entity (NRS 87.4309), are unknown to the Plaintiff who, therefore, sues these
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1 Defendants by such fictitious names. DOES 1 through 10 aided, abetted or encouraged
2 McGregor. Johnson v. Fong, 62 Nev. 249, 147 P.2d 884 (1944), Plaintifs will ask leave of
this court to insert the true names and capacities of such Defendants when the same have
4
|| deen ascertained
6 NEGLIGENCE AND BATTERY
71s, on Wednesday, August 17, 2016, Pegg was present inside the Copperfield Theater atthe
e MOM Resort Hotel & Casino during the Ultimate Fighting Championship (“UFC”) 202
. Precfight Conference (“Conference”)
11 ||6. Gregor participated in the Conference to promote the UFC 202 contest aguinst Nathan
2 Diaz
13>, MeGregor was om stage at the Copperfield Theater during the press conference.
‘ 8. During the press conference, McGregor threw unopened beverage cans from the stage
ie toward the audience.
17|]9. MeGregor had a duty to act as reasonable and prudent person under the circumstances.
18 10, McGregor breached that duty when he threw the cans.
: LI, MoGregor intended to cause a harmful or offensive contact with a person when he threw
a the cans,
22]}12. One of the cans hit Pegg in his back, near his left shoulder.
?3\113_ MeGregor’s actions were the actual and proximate cause of physical injuries to Pegg.
* 14, Plaintiff incurred medical expenses, pain, and suffering as a result of the harmful contact,
A ‘ 15, McGregor threw the cans with a conscious disregard of the rights or safety of others.
27 NRS 42.001(3).
28 ll16. Pegg seeks punitive damages as a result of MeGregor’s express or implied malice,
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1 MoGregor is the mnanaging member of MeGregor Sports and Entertainment, LLC.
2|I18, McGregor acted in the course and scope of his employment for McGregor Sports and
Entertainment, LLC.
4
“][19, MeGregor was aed, abetted and encouraged by MeGregor Sports and Entertainment
5 LLC
1|[o0. MeGiregor Sports and Entertainment, LLC., is an alter ego of Conor MeGregor.
8 or. egy seeks punitive damages against MeGregor Sports & Entertainment, LLC, pursuant
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to NRS 42.007,
UNJUST ENRICHMENT/RESTITUTION
(Restatement (Third) of Restitution and Unjust Enrichment §1 (2011)
5 a result of the actions of the Defendants as set forth herein, the Defendants are
consciouis wrongdoers who have profited from the underlying wrong,
Pegg is entitled to restitution to disgorge the Defendants of the benefits of the
wrongdoing, including, but not limited to eliminating any profits from the underlying
wrongdoing,
DEMAND FOR JUDGMENT
20 Wherefore, William Pegg prays for judgment against Conor McGregor and MeGregor
21
Sports and Entertainment, LLC, as follows:
n
ja||}: Compensatory damages in excess of $15,000.00
24 |]2. Restitution in excess of $15,000.00;
25113 Interest from the time of service of this complaint, as allowed by NRS 17.130;
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4, Punitive damages, pursuant to NRS 42.005;
2
gg || Coss ofsuitand attomey fes: and
Page 3 of 4VANNAH & VANNAH
J lor, Las Vegas, Neva 8910
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Such further relief as the Court finds just and equitable.
DATED this 20th day of March, 2018.
VANNAH & VANNAH
MATTHEW R. VANNAH,
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