Nelson v. MGM Grand Hotel, LLC

MEMORANDUM **

Plaintiff-Appellant John Nelson (“Nelson”), a veteran gambler, brought suit against MGM Grand Hotel, LLC, MGM Grand Resorts, LLC, and MGM Mirage (collectively “MGM”), for alleged violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1963 , and various state law claims arising out of MGM’s failure to immediately wire transfer $235,000 in winnings to Nelson’s personal bank account. Nelson appeals the district court’s dismissal of his Complaint pursuant to Fed.R.Civ.P. 12(b)(6), arguing that: (1) he pleaded sufficient facts to show that MGM violated five Nevada gaming statutes and the federal wire fraud statute in demonstrating “racketeering activity” in violation of RICO; (2) the two failed wire transfers qualify as a “pattern” of such racketeering activity; (3) he pleaded sufficient facts to show that *589 MGM collected an unlawful debt in violation of RICO; (4) his state law claims are outside the exclusive jurisdiction of the Nevada State Gaming Control Board; and (5) he should have been granted leave to amend his RICO claims.

We need not address the merits of Nelson’s underlying claims of racketeering activity because the…