STIPULATION AND ORDER
CONTINUING TIME FOR
DEFENDANT WYNN RESORTS
HOLDINGS, LLC TO RESPOND
TO COMPLAINTS
(FIRST REQUEST)
WHEREAS, on or about February 20, 2026, it was announced that Defendant Wynn Resorts Holdings ("Wynn Resorts") had experienced a cybersecurity incident (the "Incident"); WHEREAS, following that announcement, a series of putative class action lawsuits were filed against Wynn Resorts in this District asserting claims relating to the Incident, which are LAT AM&WATKINScce
Carter v. Wynn Resorts Holdings, LLc.
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described further below (the "Related Actions"); WHEREAS, on March 4, 2026, plaintiffs filed the instant action, Carter v. Wynn Resorts Holdings, LLC No. 2:26-cv-00534-610-BNW (Dkt. 1);
WHEREAS, Defendant Wynn Resorts was served with the Carter complaint on March 11, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the instant Carter complaint is currently due on or before April 1, 2026; WHEREAS, in addition to the Carter complaint, on February 21, 2026, plaintiffs filed Reed v. Wynn Resorts Holdings, LLC, Case No. 2:26-cv-00482-APG-DJA (Dkt. 1); WHEREAS, Defendant Wynn Resorts was served with the Reed complaint on March 20, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the Reed complaint is currently due on or before April 10, 2026;
WHEREAS, on February 24, 2026, plaintiffs filed Maynard v. Wynn Resorts Holdings, LLC No. 2:26-cv-00504-CDS-BNW (Dkt. 1);
WHEREAS, Defendant Wynn Resorts was served with the Maynard complaint on March 4, 2026 (Dkt. 7);
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the Maynard complaint was originally due on or before March 25, 2026; WHEREAS, on March 24, 2026, the parties to the Maynard action stipulated to extend Wynn Resort's deadline to respond to the complaint in the Maynard action pending a ruling on Plaintiffs' Motion to Consolidate (defined below);
WHEREAS, on February 24, 2026, plaintiffs filed Li v. Wynn Resort Holdings, LLC No. 2:26-CV-00505-CDS-EJY (Dkt. 1);
WHEREAS, Defendant Wynn Resorts was served with the Li complaint on March 4, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resort's response to the Li LAT AM&WATKINScce
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complaint was originally due on or before March 25, 2026; WHEREAS, on March 24, 2026, the parties to the Li action stipulated to extend Wynn Resort's deadline to respond to the complaint in the Li action pending a ruling on Plaintiffs' Motion to Consolidate;
WHEREAS, on February 25, 2026, plaintiffs filed Gebo v. Wynn Resorts Limited et al, LLC No. 2:26-cv-00524-ART-DJA (Dkt. 1);
WHEREAS, Defendant Wynn Resorts Limited and Defendant Wynn Resorts (collectively, "Wynn") have yet to be served with the Gebo complaint; WHEREAS, on February 25, 2026, plaintiffs filed Livingston v. Wynn Resorts Holdings, LLC No. 2:26-cv-00534-CDS-DJA (Dkt. 1);
WHEREAS, Defendant Wynn Resorts was served with the Livingston complaint on March 4, 2026 (Dkt. 5);
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the Livingston complaint was originally due on or before March 25, 2026; WHEREAS, on March 24, 2026, the parties to the Livingston action stipulated to extend Wynn Resort's deadline to respond to the complaint in the Livingston action pending a ruling on Plaintiffs' Motion to Consolidate;
WHEREAS, on February 27, 2026, plaintiffs filed Alba v. Wynn Resort Holdings, LLC No. 2:26-cv-00564-JCM-MDC (Dkt. 1);
WHEREAS, Defendant Wynn Resorts was served with the Alba complaint on March 2, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the Alba complaint was originally due on or before March 23, 2026;
WHEREAS, on March 23, 2026, the parties to the Alba action stipulated to extend Wynn Resort's deadline to respond to the complaint in the Alba action pending a ruling on Plaintiffs' Motion to Consolidate;
WHEREAS, on February 27, 2026, plaintiffs filed Hunt v. Wynn Resorts Holdings, LLC LAT AM&WATKINScce
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No. 2:26-cv-00572-APG-EJY (Dkt. 1); WHEREAS, Defendant Wynn Resorts was served with the Hunt complaint on March 5, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the Hunt complaint was originally due on or before March 26, 2026;
WHEREAS, on March 24, 2026, the parties to the Hunt action stipulated to extend Wynn Resort's deadline to respond to the complaint in the Hunt action pending a ruling on Plaintiffs' Motion to Consolidate;
WHEREAS, on March 4, 2026, plaintiffs filed Murray v. Wynn Resorts Holdings, LLC. No. 2:26-cv-00615-GMN-DJA (Dkt. 1);
WHEREAS, Defendant Wynn Resorts was served with the Murray complaint on March 17, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts's response to the Murray complaint is currently due on or before April 7, 2026;
WHEREAS, on March 3, 2026, plaintiffs filed Poffenberger v. Wynn Resorts Limited No. 2:26-cv-00621-GMN-NJK (Dkt. 1);
WHEREAS, Defendant Wynn Resorts Limited was served with the Poffenberger complaint on March 17, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts Limited's response to the Poffenberger complaint is currently due on or before April 7, 2026; WHEREAS, on March 10, 2026, plaintiffs filed Emerson v. Wynn Resorts Limited No. 2:26-cv-00662-APG-MDC (Dkt. 1);
WHEREAS, Defendant Wynn Resorts Limited was served with the Emerson complaint on March 13, 2026;
WHEREAS, pursuant to Fed. R. Civ. Proc. 12(a), Wynn Resorts Limited's response to the Emerson complaint is currently due on or before April 3, 2026;
WHEREAS, counsel for Reed, Maynard, Li, Gebo, Livingston, Alba, Hunt, Carter, LAT AM&WATKINScce
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Murray, Poffenberger, and Emerson (collectively, "Plaintiffs") filed an Unopposed Motion to Consolidate the Related Actions for Pre-Trial Proceedings (the "Motion to Consolidate") on March 26, 2026;
WHEREAS, the Motion to Consolidate proposed deadlines: (i) for Plaintiffs' counsel to apply for appointment as interim lead counsel; (ii) upon the appointment of interim lead counsel, for Plaintiffs to file a Consolidated Complaint, and (iii) for Wynn to respond to the Consolidated Complaint;
WHEREAS, the anticipated Motion to Consolidate has not yet been ruled upon, and thus Wynn currently faces upcoming response deadlines in certain of the Related Actions in which it has been served, including in the instant Carter action;
WHEREAS, to avoid unnecessary expenditure of resources and effort responding to individual complaints in the Related Actions where all Parties are agreed that the complaints should first be consolidated, and where the Motion to Consolidate is anticipated to be filed shortly, the Parties have agreed to extend the time for Wynn to respond to the complaints in the Related Actions until (i) forty-five (45) days following the filing of a Consolidated Complaint, assuming the Motion to Consolidate is granted and interim lead counsel are subsequently appointed; or (ii) if the Court denies the Motion to Consolidate, forty-five (45) days after the Court issues such decision. There is good cause to grant this request, which is not made for the purposes of delay.
It is therefore STIPULATED and AGREED that:
1. Defendant's deadline to serve its response to the Complaint shall be extended pending the anticipated ruling on Plaintiffs' Motion to Consolidate.
2. If the Motion to Consolidate is granted and interim lead counsel is subsequently appointed, the court granting such motion shall determine Defendant's deadline to serve its response to the anticipated Consolidated Complaint.
. . . .
. . . .
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3. If the Motion to Consolidate is not granted, Defendant shall file and serve its response to the complaint in the instant action within forty-five (45) days of the court's decision. Dated: March 31, 2026
By: /s/ J. Colby Williams
CAMPBELL & WILLIAMS
J. Colby Williams (5549)
710 South Seventh Street Las Vegas, Nevada 89101 Telephone: (702) 382-5222 jcw@cwlawlv.com
LATHAM & WATKINS LLP
Serrin Turner (pro hac vice forthcoming) 1271 Avenue of the Americas
New York, New York 10020-4834 Telephone: (212) 906-1200
serrin.turner@lw.com
Brad Baglien (pro hac vice forthcoming)
555 Eleventh Street, NW Washington, D.C. 20004-1304 Telephone: (202) 637-2200 brad.baglien@lw.com Attorneys for Defendants Wynn Resorts, Limited., and Wynn Resorts Holdings, LLC Dated: March 31, 2026
By: /s/ Mark J. Bourassa, Esq. (NBN 7999) Mark H. Bourassa
THE BOURASSA LAW GROUP
2350 W. Charleston Boulevard, Suite 100 Las Vegas, NV 89102
Telephone: (702) 851-2180
Facsimile: (702) 851-2189
Email: mbourassa@blgwins.com
LYNCH CARPENTER, LLP
Gerald D. Wells, III* Stephen E. Connolly*
1760 Market Street, Suite 600 Philadelphia, PA 19103 Telephone: (267) 609-6910 Facsimile: (267) 609-6955 jerry@lcllp.com
steve@lcllp.com
*Pro Hac vice application forthcoming Counsel for Plaintiff Brandon Carter
IT IS SO ORDERED:
UNITED STATES MAGISTRATE JUDGE
DATED:
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April 1, 2026
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