Adelson attorney out after judge cites ‘Rambo litigation tactics’
Patrick Hicks is out as attorney for the defendants in the lawsuit filed over allegations of failure to pay overtime wages to billionaire casino titan Sheldon Adelson's personal driver, sources confirm.
The change comes after a Dec. 5 order by U.S. Magistrate Judge C.W. Hoffman Jr. to grant the plaintiff's request for sanctions after Hoffman determined Hicks and Adelson "improperly impeded and frustrated the fair examination of Adelson during his October 6 deposition."
Hicks, of the Littler Mendelson law firm, was unavailable for comment. Attempts to get comment from Littler Mendelson headquarters in San Francisco were unsuccessful.
The lawsuit alleging violations of the Fair Labor Standards Act was filed by attorney Donald Campbell on behalf of former Adelson driver Kwame Luangisa.
Hoffman ordered the defendants to pay all the plaintiff's costs and attorney's fees associated with the impeded deposition. He ordered Adelson's deposition to be taken within 21 days unless both parties agreed otherwise. He also required the defendant to pay all costs and fees incurred during the new deposition.
In his order, Hoffman noted that courts have characterized such obstructive behavior as displayed by Hicks as " 'Rambo litigation tactics,' designed to interfere with or prevent the elicitation of meaningful testimony and disrupt the orderly flow of a deposition."
Campbell cut short the Oct. 6 deposition.
Hoffman wrote, "Based on the foregoing, the Court finds that Plaintiff's decision to terminate the deposition and file this motion was appropriate. The Court further finds that Adelson's refusal to answer questions based upon his counsel's continuous suggestive, argumentative, and unnecessary objections improperly impeded and frustrated fair examination of Adelson during the deposition."
Luangisa is suing to recover back pay, additional damages, and attorney fees and costs.
MUNI ADMINISTRATOR: It was three cheers for Matthew Fisk on Wednesday at City Hall.
Fisk is the new administrator at Municipal Court following a ratification vote by the Las Vegas City Council. He will replace James Carmany, who has supervised the court the past 11 years.
Fisk noted that in addition to his broad-ranging experience as an administrator in courts in Carson City and Reno, he is also a former UNR cheerleader. He insisted his loyalties are now in Southern Nevada and added that he will gladly deliver a UNLV red jersey on behalf of Mayor Carolyn Goodman to Reno Mayor Bob Cashell should the need ever arise. The mayors of each city have a tradition of friendly wagers on UNLV-UNR games.
Councilman Steve Wolfson congratulated Fisk but playfully warned him to use caution when dealing with judges. Wolfson should know. He is married to former District Judge Jackie Glass.
It appears the experienced Fisk has held every position in the courthouse but the one requiring a black robe. The court administrator's job pays a $125,000 annual salary plus benefits.
For his part, Carmany's friends on the council said he's leaving a court that functions efficiently in an era of tight budgets.
"I am very proud of the court, the judges, and what we have accomplished," Carmany said.
ON THE BOULEVARD: Longtime gaming executive Roger Wagner is publishing a candid memoir of his years in the industry that is sure to have casino veterans talking. It's titled "No Work and All Play: Audacious Chronicles of a Casino Boss."
BOULEVARD II: Mayor Goodman downplayed a fire alarm that went off at City Hall during Wednesday's council meeting. Turns out it was someone's hot lunch. "Somebody ate it, so we don't have to worry," she quipped. ... The mayor, council and select staff are scheduled for a budget retreat Monday at Mount Charleston. They probably wanted to be out of town when they take a close look at the city's awful anticipated revenue projections.
Have an item for the Bard of the Boulevard? Email comments and contributions to Smith@reviewjournal.com or call 702-383-0295. He also blogs at lvrj.com/blogs/smith.
