When attorney Neil Beller filed a sweeping lawsuit recently alleging numerous local strip clubs conspired with cab drivers to divert customers from the Déjà vu Showgirls and Little Darlings cabarets, he had to expect some push back.
Attorney Dominic Gentile of the Gordon and Silver firm gave Beller a shove on Friday in the form of a tersely worded letter calling for him to remove the Palomino Club from the list of defendants.
Dear Mr. Beller:
I am the attorney for Palomino Club LLC. You are the attorney for the plaintiffs in the above entitled action in which you name as a defendant in the title of the lawsuit an entity which you refer to as Palomino Club, Inc. and assert to be a Nevada corporation. However, at paragraph 12 of the Complaint you do reference my client, and so I will assume that the caption of the case is just one example of the lack of attention to detail that you have paid to the matter …
The purpose of this letter is to place you on notice of the errors contained in the Complaint and to urge you to immediately dismiss this action voluntarily rather than to force me to file on behalf of my client a motion to dismiss, a motion seeking sanctions against you under
Nevada Rule of Civil Procedure 11 and a lawsuit for abuse of process and defamation per se claims against your clients. …
Mr. Beller, you have lived in this community longer than I have, and I have been here thirty years. You must certainly know, or through due diligence should have known, that North Las Vegas does not have such an ordinance and that the Palomino Club, which is operated by
Palomino Club LLC, is located in North Las Vegas. As such, the ordinances of the City of Las Vegas and Clark County do not apply to the Palomino Club LLC. …
Simply stated, the naming of my client as a defendant in the above referenced case was an inexcusable error on your part, has resulted in my client being falsely accused of violating laws that can carry a penal sanction in the jurisdictions in which they operate or did prior to
being repealed and has damaged its business reputation. The abuse of process is self evident and binds your clients to your conduct and liability. I must insist that you and your clients immediately both dismiss the action and publicly announce that you have erred in naming my client in it. …
Very truly yours,
DOMINIC P. GENTILE, ESQ.