VANNAH & VANNAH. «00s 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 Page | of 4Case 2:18-cv-00763-RFB-NJK Document1-3 Filed 04/26/18 Page 9 of 11 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, Page 2 of 4Case 2:18-cv-00763-RFB-NJK Document 1-3 Filed 04/26/18 Page 10 of 11 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 9 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; 26 4, Punitive damages, pursuant to NRS 42.005; 2 gg || Coss ofsuitand attomey fes: and Page 3 of 4VANNAH & VANNAH J lor, Las Vegas, Neva 8910 Case 2:18-cv-00763-RFB-NJK Document 1-3 Filed 04/26/18 Page 11 of 11 22 23 24 28 ” 28 6 Such further relief as the Court finds just and equitable. DATED this 20th day of March, 2018. VANNAH & VANNAH MATTHEW R. VANNAH, Page 4 of 4