Attorneys representing Fontainebleau Las Vegas have countered Wynn Las Vegas’ bid for a preliminary injunction in a legal skirmish over alleged executive poaching and contract breaches, stating that the court lacks the jurisdiction to impose such a sweeping measure.
The latest salvo in the ongoing legal tussle between the two Strip resorts was fired on Friday in Clark County District Court, where Fontainebleau’s legal team filed an opposition to Wynn’s motion for a preliminary injunction. A hearing before Clark County District Judge Mark Denton is scheduled for May 9.
Fontainebleau’s opposition highlights the deepening fissure between the resorts, emphasizing that the dispute, which formally commenced with Wynn’s lawsuit on February 29, shows no signs of swift resolution despite prior discussions between the parties.
“This court would be hard-pressed to find a more untenable motion for preliminary injunction than that filed by plaintiff Wynn Las Vegas, LLC,” Fontainebleau stated in its court opposition. “WLV requests a sweeping prophylactic injunction which presupposes that each and every restrictive employment covenant it has ever entered into is valid and protected under Nevada law.”
“WLV makes that wild assertion notwithstanding that none of the actual terms of these contracts are before this court, nor are any of the personnel — present or past — who are supposedly bound in WLV’s undefined servitude,” Fontainebleau said.
The legal clash erupted following Fontainebleau’s alleged attempt to recruit Wayne Crane, senior executive director of entertainment for Wynn Nightlife, prompting Wynn’s lawsuit. Crane ultimately opted to remain with Wynn after renegotiating his contract.
Fontainebleau’s version of events, as outlined in their Friday motion, portrays Crane’s decision as a result of his dissatisfaction with Wynn’s management, citing declarations from Michael Waltman, Fontainebleau’s senior vice president of nightlife. According to Waltman, Crane’s wife, Merina, expressed discontent with her employment at Encore Beach Club and sought to leave, prompting Wayne Crane’s consideration of a move to Fontainebleau.
Merina Crane commenced employment at Fontainebleau on November 28, preceding the property’s opening, and reportedly expressed interest in facilitating her husband’s transition. The motion contends that Wayne Crane began preparations to move to Fontainebleau before Wynn executives intervened.