Tropicana headliner Wayne Newton has until April 9 to respond to the summons he received from a process server at a meet-and-greet gathering before his show March 20.
It is the contention of his publicist, Trish McCrone, that Newton had left the gathering and that the process server tossed the summons at the back of a Newton security guard.
McCrone told me Wednesday, the day the process server story appeared here, that "it never happened," though she acknowledged she saw the server, a young black man.
The process server has signed a sworn affidavit that he served Newton, according to a court document. A person served has 20 days to respond.
Apparently, the question of legality will come down to a judge's definition of what "it" is. Nevada law states that a person is considered served if the process server makes contact with the person being served and audibly informs the person that he or she is being served.
McCrone said she was walking with Newton when some papers landed on the floor. "He never saw it or has any idea what it was," she said. "I thought it was something for an autograph."
A source told Vegas Confidential that a security guard approached the process server, knocked the summons out of his hand and kicked it on the floor.
As the process server quickly left, a security guard chased him and tried to hand back the papers, which had been ripped up, the source said.
"If they thought the papers were from an autograph seeker, why would they tear them up?" the source said.
The case involves Las Vegas Motor Speedway owner O. Bruton Smith, who alleges Newton has been delinquent on a $3.35 million loan. Smith seeks foreclosure on the Newtons' Casa de Shenandoah ranch, which they had put up to guarantee the loan, along with a Fokker F28 MK 1000 private jet.
Newton's only comment in reference to being served came Thursday during his show.
According to a Las Vegas Sun online report, Newton signaled for the orchestra to stop playing and told the audience, "When you're a public figure, people can write whatever they want to write about you, whether it's true or not. The way the laws are written, because you're a public figure, there's not much you can do about it (pause) except maybe punch them out."
THE SCENE AND HEARD
Barry Manilow's camp responded swiftly Saturday to tweets by the media and other showgoers that suggested the singer was lip-synching during the Media Night show Friday. Garry Kief, who manages Manilow and produces the show, sent me an e-mail saying: "I assure you he's not lip synching. He was holding the mic away because the in-ear monitors were too loud. He's singing live. Always has. Always will."
U.S. Senate Republican front-runner Sue Lowden, taking advantage of bumper-to-bumper traffic on I-95 outside Searchlight on Saturday by going car to car to campaign. With traffic at a standstill about a mile and a half out of town, she left her campaign RV to shake hands and accommodate photo requests. "Never experienced anything like it," said Lowden, adding that she was handed U.S. flags and "Dump Harry Reid" signs. ... Jerry O'Connell and Rebecca Romijn, at Koi (Planet Hollywood Resort) and "Peepshow" on Saturday. Also at the resort: Kendra Wilkinson and husband Hank Baskett at Strip House and "Peepshow," and Wet Republic at MGM Grand with "Peepshow" co-stars Holly Madison and Josh Strickland. A reality show crew shot Kendra and Hank playing craps on the Planet Hollywood Resort casino floor. ... Nebraska defensive lineman Ndamukong Suh, who is projected to go first or second in next month's NFL Draft, at N9NE Steakhouse (Palms) on Friday. ... Backstage after Lionel Richie's show at The Colosseum (Caesars Palace) on Friday: All four members of Human Nature (Imperial Palace). ... Kristen Stewart, who plays Joan Jett in the new movie "The Runaways," seated front and center Friday, watching Lita Ford (formerly of The Runaways) and Dee Snider at the Las Vegas Hilton. ... Amy Davidson of "8 Simple Rules," dining at Tao Asian Bistro (The Venetian) with girlfriends before going to the nightclub. ... At Lavo (Palazzo) on Friday: Sum 41 rocker Deryck Whibley, continuing his birthday celebration, and Damon and Shawn Wayans.
THE PUNCH LINE
"At this press conference, (Tiger Woods) is only taking questions about mistress No. 1. And then he'll do one more mistress each Monday until Christmas." -- Jimmy Kimmel