Ferris et al v. Wynn Resorts Limited et al, No. 2:2018cv00479 - Document 310 (D. Nev. 2023)

Court Description: ORDER Granting 308 Motion for an Order Establishing a Program and Schedule for Notice to the Class of Pending Class Action. Signed by Magistrate Judge Brenda Weksler on 10/20/2023. (Copies have been distributed pursuant to the NEF - RGDG)

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Ferris et al v. Wynn Resorts Limited et al 1 2 3 4 5 6 Doc. 310 Patrick G. Byrne (Nevada Bar #7636) Bradley T. Austin (Nevada Bar #13064) SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone: 702.784.5200 Facsimile: 702.784.5252 Email: pbyrne@swlaw.com baustin@swlaw.com Attorneys for Defendants Wynn Resorts, Ltd. and Matthew O. Maddox 7 8 Additional Counsel on Signature Block UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 JOHN V. FERRIS, JOANN M. FERRIS, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, 13 14 15 16 17 18 Case No. 2:18-CV-00479-APG-BNW v. WYNN RESORTS LIMITED, STEPHEN A. WYNN, CRAIG SCOTT BILLINGS, STEPHEN COOTEY, and MATTHEW O. MADDOX, JOINT STIPULATION AND ORDER RE PLAINTIFFS’ MOTION FOR AN ORDER ESTABLISHING A PROGRAM AND SCHEDULE FOR NOTICE TO THE CLASS OF PENDING CLASS ACTION (ECF No. 308) (FIRST REQUEST) Defendants. 19 20 21 22 23 24 25 26 27 28 1 Dockets.Justia.com Matthew Solum (Pro Hac Vice) KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: 212.446.4688 Facsimile: 212.446.4900 Email: matthew.solum@kirkland.com 1 2 3 4 5 Patrick G. Byrne (Nevada Bar #007636) Bradley T. Austin (Nevada Bar #13064) SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone: 702.784.5200 Facsimile: 702.784.5252 Email: pbyrne@swlaw.com baustin@swlaw.com 6 7 8 9 10 11 Counsel for Defendants Wynn Resorts Limited and Matthew O. Maddox 12 /s/ Dylan T. Ciciliano Erika Pike Turner, Esq. Dylan T. Ciciliano, Esq. GARMAN TURNER GORDON 7251 Amigo Street, Ste. 210 Las Vegas, Nevada 89119 Telephone: 725.777.3000 Facsimile: 725.777.3112 Email: eturner@gtg.legal dciciliano@gtg.legal 13 14 15 16 17 18 19 23 James Neil Kramer, Esq. (Pro Hac Vice) M. Todd Scott, Esq. (Pro Hac Vice) ORRICK HERRINGTON & SUTCLIFFE LLP 405 Howard St. San Francisco, CA 94105 Email: jkramer@orrick.com tscott@orrick.com 24 Counsel for Kimmarie Sinatra 20 21 22 25 26 27 28 3 6 /s/ Daniel R. McNutt Daniel R. McNutt, Esq. Matthew C. Wolf, Esq. MCNUTT LAW FIRM, P.C. 11441 Allerton Park Dr. #100 Las Vegas, Nevada 89135 Telephone: 702.384.1170 Facsimile: 702.384.5529 Email: drm@mcnuttlawfirm.com mcw@mcnuttlawfirm.com 7 Counsel for Stephen Cootey 8 /s/ Colby J. Williams J. Colby Williams, Esq. CAMPBELL & WILLIAMS 700 South Seventh Street Las Vegas, Nevada 89101 Telephone: 702.382.5222 Facsimile: 702.382.0540 Email: jcw@cwlawlv.com 1 2 3 4 5 9 10 11 12 13 Gary S. Lincenberg Jumin Lee Oliver Rocos BIRD, MARELLA, BOXER, WOLPERT, NESSIM, DROOKS, ET AL., P.C. 1875 Century Park East, 23rd Fl. Los Angeles, CA 90067 Telephone: 310-201-2100 Email: glincenberg@birdmarella.com orocos@birdmarella.com clee@birdmarella 14 15 16 17 18 19 20 /s/ Andrew R. Muehlbauer Andrew R. Muehlbauer MUEHLBAUER LAW OFFICE, LTD. Nevada Bar No. 10161 7915 West Sahara Avenue, Suite 104 Las Vegas, Nevada 89117 Telephone: 702-330-4505 Facsimile: 702-825-0141 Email: andrew@mlolegal.com 21 22 23 24 25 26 27 28 4 6 Jeremy Alan Lieberman (pro hac vice) Murielle J. Steven Walsh (pro hac vice) POMERANTZ LLP 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: 212-661-1100 Facsimile: 212-661-8665 Email: jalieberman@pomlaw.com mjsteven@pomlaw.com erakhlin@pomlaw.com 7 Lead Counsel for Plaintiffs 8 Phillip Kim (Pro Hac Vice) Daniel Tyre-Karp (Pro Hac Vice) THE ROSEN LAW FIRM, P.A. 275 Madison Ave., 40th Floor New York, NY 10016 Telephone: (212) 686-1060 Facsimile: (212) 202-3827 Email: pkim@rosenlegal.com dtyrekarp@rosenlegal.com 1 2 3 4 5 9 10 11 12 13 Additional Counsel for Plaintiffs 14 15 16 17 IT IS SO ORDERED: 18 19 BRENDA N. WEKSLER UNITED STATES DISTRICT JUDGE 20 DATED: 10/20/2023 21 22 23 24 25 26 27 28 5 INDEX OF EXHIBITS 1 2 3 4 Exhibit A Exhibit B Exhibit C Exhibit C Notice of Pendency of Class Action Summary Notice Notice of Pendency of Class Action -- Redline Summary Notice -- Redline 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Case 2:18-cv-00479-APG-BNW Document 309 Filed 10/17/23 Page 7 of 7 CERTIFICATE OF SERVICE 1 2 3 4 5 6 On October 17, 2023, I served a true and correct copy of the foregoing document to all parties appearing in this case when filing said document through the Court’s PACER system with automatic e-service on all persons who have registered for e-service on PACER for this case. /s/ Laura Bay An employee of KIRKLAND & ELLIS LLP 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 EXHIBIT A Notice of Pendency of Class Action MUEHLBAUER LAW OFFICE, LTD. Andrew R. Muehlbauer (Nevada Bar #10161) 7915 West Sahara Avenue, Suite 104 Las Vegas, Nevada 89117 Telephone: 702.330.4505 Facsimile: 702.825.0141 Email: andrew@mlolegal.com POMERANTZ LLP Jeremy A. Lieberman (pro hac vice) Murielle J. Steven Walsh (pro hac vice) 600 Third Avenue, 20th Floor New York, New York 10016 Tel: (212) 661-1100 Fax: (917) 463-1044 Email: jalieberman@pomlaw.com mjsteven@pomlaw.com Attorneys for Lead Plaintiffs John V. and JoAnn M. Ferris Additional Counsel on Signature Block UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOHN V. FERRIS and JOANN M. FERRIS, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. WYNN RESORTS LIMITED, STEPHEN A. WYNN, CRAIG SCOTT BILLINGS, STEPHEN COOTEY, MATTHEW O. MADDOX, JOHN J. HAGENBUCH, ROBERT J. MILLER, PATRICIA MULROY, CLARK T. RANDT JR., ALVIN V. SHOEMAKER, KIMMARIE SINATRA, DANIEL B. WAYSON, JAY L. JOHNSON, RAY R. IRANI, and J. EDWARD VIRTUE, Defendants. Case No. 2:18-CV-00479-APG-DJA NOTICE OF PENDENCY OF CLASS ACTION TO: All individuals and entities that purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive (the “Class Period”), and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the Company at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. A federal court has authorized this notice. This is not a solicitation from a lawyer. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS ACTION. This Notice is being sent pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Nevada (the “Court”), entered March 1, 2023, certifying the above-captioned Action as a class action. The purpose of this Notice is to inform you of: (a) the pendency of the above-captioned class action in the United States District Court for the District of Nevada (the “Action”); (b) the certification of the Class defined above, of which you may be a member (“Class Member”); and (c) your right to be excluded from the Class. This Action has not been settled and continues to be litigated. Accordingly, no claim form need be filed at this time. YOU ARE HEREBY NOTIFIED of the pendency of this Action as a class action. This Notice is directed to you because you may be a member of a Class whose rights might be affected by this Action. If you are uncertain whether you are a member of the Class, contact Class Counsel listed below or consult your own attorney. A class action is a type of lawsuit in which one or several individuals or entities prosecute claims on behalf of all members of a group of similarly situated persons and entities to obtain monetary or other relief for the benefit of the entire group, known as a class. Class actions are used to decide legal and factual issues that are common to all members of a class. This notice merely informs you that the Action is pending and that you may be a member of the Class. However, this Action has not been fully adjudicated on the merits yet, and the parties have not yet agreed to any settlement. Thus, there currently is no judgment in favor of the Class and the provision of this notice does not suggest whether there will be a judgment in favor of the Class or any monetary recovery. OVERVIEW AND STATUS OF THIS ACTION This Action is a securities class action lawsuit alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as well as Securities and Exchange Commission Rule 10b5. This lawsuit alleges that Defendants knew about or recklessly disregarded allegations of sexual misconduct against Defendant Stephen Wynn and concealed them. In concealing the allegations of sexual misconduct, Defendants made material misrepresentations or omitted material facts. Defendants are Wynn Resorts Limited (“Wynn Resorts”), Stephen Wynn, Kimmarie Sinatra, Matthew Maddox, and Stephen Cootey. 2 This Action was commenced on February 20, 2018. On December 4, 2018, the Court issued an Order appointing John V. Ferris and JoAnn M. Ferris as Lead Plaintiffs, appointing Pomerantz LLP as lead counsel, and appointing Muehlbauer Law Office, Ltd. as liaison counsel. On July 1, 2020, Lead Plaintiffs filed a Second Amended Class Action Complaint (the “SAC”). On August 14, 2020, Defendants moved to dismiss the SAC. On July 28, 2021, the Court issued an Order granting in part and denying in part Defendants’ motion to dismiss. On July 18, 2022, Lead Plaintiffs filed a motion for class certification. On March 1, 2023, the Court certified the Class defined above, appointed Lead Plaintiffs John V. Ferris and JoAnn M. Ferris and Plaintiff Jeffrey Larsen as Class Representatives (the “Class Representatives”), appointed Pomerantz LLP as Class Counsel, and appointed Muehlbauer Law Office, Ltd. as local/liaison counsel. The certification of the Class means that the ultimate outcome of the Action will apply in like manner to each person or entity that continues to be a member of the Class through the resolution of the litigation. Defendants deny all claims and wrongdoing asserted in the Action and any liability arising out of the conduct alleged in the SAC. Discovery in this Action is ongoing and fact discovery is set to be complete by May 31, 2024. The parties will have the opportunity to file motions for summary judgment to seek Court resolution of the case and/or specific claims within the case. Opening briefs in support of summary judgment are due January 15, 2025. INSTRUCTIONS TO CLASS MEMBERS YOUR RIGHTS AS A CLASS MEMBER: If you purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive, you are a member of the Class. If you choose to remain a Class Member, you do not need to do anything at this time. Please note, if you choose to opt out of the class, your individual claims will be time barred by the applicable five-year statute of repose under 28 U.S.C. § 1658(b). You will automatically be included in the Class unless you request exclusion in accordance with the procedure set forth below. Your decision is important for the following reasons: If you choose to remain in the Class, you will be bound by all orders and judgments in this Action, whether favorable or unfavorable. If the Class prevails on the common issues, or if a settlement is reached, you may be able to recover an award. If Defendants prevail, you may not pursue a lawsuit on your own behalf with regard to any of the issues decided in this Action. Your interests are being represented by the Class Representatives and Class Counsel. You will not be personally responsible for attorneys’ fees or costs unless you hire your own individual attorney. Class Counsel has agreed to represent the Class on a contingent fee basis, which means that it will be awarded fees and costs only if it succeeds in obtaining a recovery from one or more of the Defendants. Any attorney’s fees and costs will be awarded by this Court from the settlement or judgment, if any, obtained on behalf of the Class. You may remain a member of the Class and elect to be represented by counsel of your own choosing. If you retain your own separate counsel, you 3 will be responsible for that counsel’s fees and expenses, and such counsel must enter an appearance on your behalf by filing a Notice of Appearance with the Court and mailing it to Class Counsel at the address set forth below on or before [90 days after Summary Notice is published]. If you seek to share in any Class recovery, you will be required to prove your membership in the Class with evidence of your purchases, acquisitions, and sales of Wynn Resorts securities during the Class Period. If you choose to be excluded from the Class, you will not be bound by any judgment in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action. If you choose to be excluded, or in other words, “opt-out” of the Action, you may individually pursue any legal rights that you may have against any of the Defendants. Please note that if you exclude yourself from the Class and decide to pursue your own action individually, you will not be able to pursue certain claims if the applicable statute of limitations and/or statute of repose under 28 U.S.C. § 1658(b) has lapsed. HOW TO BE EXCLUDED FROM THE CLASS: If you fall within the Class definition and are not otherwise excluded, you will automatically be considered a member of such Class unless you request exclusion in writing. Any member of a Class may request not to be bound by these proceedings. To exclude yourself from the Class, you must send a signed letter by mail stating that you “request to be excluded” from the Class in “Ferris, et al. v. Wynn Resorts Limited, et al., No. 18-cv-00479 (D. Nev.).” Your letter must include: (1) your name, address, and telephone number, (2) the transactional details of the Wynn Resorts securities you purchased, acquired, or sold during the Class Period, including purchase/sale dates, and the amount of shares purchased or sold, and (3) the signature of the person or entity requesting exclusion or an authorized representative. Your request for exclusion will not be effective unless it contains all this information. You must then mail your exclusion request, postmarked no later than [ninety days after publication of the Summary Notice] to: Ferris, et al. v. Wynn Resorts, Limited et al. c/o JND Legal Administration PO Box 91471 Seattle, WA 98111 You cannot exclude yourself from the Class by telephone or email. If your request for exclusion is timely mailed and follows the above requirements, you will not be bound by any judgment in this Action. However, if you validly request exclusion, then you will not be eligible to share in any recovery in this Action. Do not request exclusion if you wish to participate in this Action as a Class Member. CLASS COUNSEL: Class Counsel are Pomerantz LLP (attn: Jeremy A. Lieberman and Murielle J. Steven Walsh), 600 Third Avenue, 20th Floor, New York, New York 10016, (212) 661-1100. PLEASE KEEP YOUR ADDRESS CURRENT: To assist the Court and the parties in maintaining an accurate list of Class Members, please update your name and contact information. To update this information online, visit [insert website] or mail this information to JND Legal Adminstrator, the “Notice Administrator,” at the address listed above (Ferris, et al. v. Wynn 4 Resorts, Limited et al., c/o JND Legal Administration, PO Box 91471, Seattle, WA 98111). If this Notice was forwarded to you by the postal service, or it was otherwise sent to you at an address that is no longer current, you should immediately contact the Notice Administrator and provide them with your current address. If the Notice Administrator does not have your current address, you may not receive notice of important developments in this Action or information about any settlements obtained for the benefit of the Class. WHERE YOU CAN FIND ADDITIONAL INFORMATION: This Notice provides only a summary of the lawsuit and the claims asserted. For more detailed information, visit the website www.WynnSecuritiesLitigation.com, or you may contact Class Counsel or call the Notice Administrator at 888-256-6153. PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION OR ADVICE. SPECIAL NOTICE TO BANKS, BROKERS, AND OTHER NOMINEES: If you purchased or otherwise acquired Wynn Resorts securities during the Class Period for the beneficial interest of any person or entity other than yourself, you must, WITHIN SEVEN (7) DAYS OF YOUR RECEIPT OF THIS NOTICE, either (a) request from the Notice Administrator sufficient copies of the Notice to forward to all beneficial owners, which you shall forward to all beneficial owners within seven (7) days of receipt, or (b) provide a list of the names and addresses of all beneficial owners to the Notice Administrator, who shall promptly send the Notice directly to all beneficial owners. If you select option (a) above, you must send a statement to the Notice Administrator confirming that the mailing was made, and you must retain your mailing records for use in connection with any further notices that may be provided in this Action. If you select option (b), the Notice Administrator will send a copy of the Notice to the beneficial owners. You are entitled to reimbursement for your reasonable expenses actually incurred in complying with the foregoing, including reimbursement of reasonable postage expenses and the reasonable cost of obtaining the names and addresses of beneficial owners, not to exceed $0.15 plus actual postage at the current pre-sort rate used by the Notice Administrator per notice you mailed, $0.05 per notice you emailed, or $0.10 per name and address you provided to the Notice Administrator, and subject to further order of the Court with respect to any dispute concerning such reimbursement. Those reasonable expenses and costs will be paid upon request and submission of appropriate supporting documentation. All requests for reimbursement should be sent to the Notice Administrator. Dated: , 2023 BY ORDER OF THE COURT United States District Court District of Nevada 5 EXHIBIT B Summary Notice MUEHLBAUER LAW OFFICE, LTD. Andrew R. Muehlbauer (Nevada Bar #10161) 7915 West Sahara Avenue, Suite 104 Las Vegas, Nevada 89117 Telephone: 702.330.4505 Facsimile: 702.825.0141 Email: andrew@mlolegal.com POMERANTZ LLP Jeremy A. Lieberman (pro hac vice) Murielle J. Steven Walsh (pro hac vice) 600 Third Avenue, 20th Floor New York, New York 10016 Tel: (212) 661-1100 Fax: (917) 463-1044 Email: jalieberman@pomlaw.com mjsteven@pomlaw.com Attorneys for Lead Plaintiffs John V. and JoAnn M. Ferris Additional Counsel on Signature Block UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOHN V. FERRIS and JOANN M. FERRIS, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. WYNN RESORTS LIMITED, STEPHEN A. WYNN, CRAIG SCOTT BILLINGS, STEPHEN COOTEY, MATTHEW O. MADDOX, JOHN J. HAGENBUCH, ROBERT J. MILLER, PATRICIA MULROY, CLARK T. RANDT JR., ALVIN V. SHOEMAKER, KIMMARIE SINATRA, DANIEL B. WAYSON, JAY L. JOHNSON, RAY R. IRANI, and J. EDWARD VIRTUE, Defendants. Case No. 2:18-CV-00479-APG-DJA SUMMARY NOTICE OF PENDENCY OF CLASS ACTION TO: All individuals and entities that purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive (the “Class Period”), and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the Company at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS ACTION. This Notice is being sent pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Nevada (the “Court”). This Action has not been settled and continues to be litigated. No claim form need be filed at this time. This Notice is not an expression of any opinion by the Court with respect to the merits of the claims or the defenses asserted in the Action. This Notice is merely to advise you of the pendency of this Action and of your rights therein. If you are a member of the Class, your rights are affected by this Action, and you may have the right to participate in any recovery. You also have the right to exclude yourself from the Class by 90 days after publication of the Summary Notice in accordance with the directions set forth in the Notice, which is available at www.WynnSecuritiesLitigation.com or by writing the Notice Administrator at: Ferris, et al. v. Wynn Resorts, Limited et al., c/o JND Legal Administration, PO Box 91471, Seattle, WA 98111. Inquiries other than requests for notice may be made to Class Counsel: Jeremy A. Lieberman Murielle J. Steven Walsh POMERANTZ LLP 600 Third Avenue, 20th Floor New York, New York 10016 (212) 661-1100 PLEASE DO NOT CALL OR WRITE THE COURT OR OFFICE OF THE CLERK FOR INFORMATION OR ADVICE. Dated: , 2023 BY ORDER OF THE COURT United States District Court District of Nevada 2 EXHIBIT C Notice of Pendency of Class Action -- Redline MUEHLBAUER LAW OFFICE, LTD. Andrew R. Muehlbauer (Nevada Bar #10161) 7915 West Sahara Avenue, Suite 104 Las Vegas, Nevada 89117 Telephone: 702.330.4505 Facsimile: 702.825.0141 Email: andrew@mlolegal.com POMERANTZ LLP Jeremy A. Lieberman (pro hac vice) Murielle J. Steven Walsh (pro hac vice) 600 Third Avenue, 20th Floor New York, New York 10016 Tel: (212) 661-1100 Fax: (917) 463-1044 Email: jalieberman@pomlaw.com mjsteven@pomlaw.com Attorneys for Lead Plaintiffs John V. and JoAnn M. Ferris Additional Counsel on Signature Block UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOHN V. FERRIS and JOANN M. FERRIS, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. WYNN RESORTS LIMITED, STEPHEN A. WYNN, CRAIG SCOTT BILLINGS, STEPHEN COOTEY, MATTHEW O. MADDOX, JOHN J. HAGENBUCH, ROBERT J. MILLER, PATRICIA MULROY, CLARK T. RANDT JR., ALVIN V. SHOEMAKER, KIMMARIE SINATRA, DANIEL B. WAYSON, JAY L. JOHNSON, RAY R. IRANI, and J. EDWARD VIRTUE, Defendants. Case No. 2:18-CV-00479-APG-DJA NOTICE OF PENDENCY OF CLASS ACTION TO: All individuals and entities that purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive (the “Class Period”), and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the Company at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. A federal court has authorized this notice. This is not a solicitation from a lawyer. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS ACTION. This Notice is being sent pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Nevada (the “Court”), entered March 1, 2023, certifying the above-captioned Action as a class action. The purpose of this Notice is to inform you of: (a) the pendency of the above-captioned class action in the United States District Court for the District of Nevada (the “Action”); (b) the certification of the Class defined above, of which you may be a member (“Class Member”); and (c) your right to be excluded from the Class. This Action has not been settled and continues to be litigated. Accordingly, no claim form need be filed at this time. YOU ARE HEREBY NOTIFIED of the pendency of this Action as a class action. This Notice is directed to you because you may be a member of a Class whose rights might be affected by this Action. If you are uncertain whether you are a member of the Class, contact Class Counsel listed below or consult your own attorney. A class action is a type of lawsuit in which one or several individuals or entities prosecute claims on behalf of all members of a group of similarly situated persons and entities to obtain monetary or other relief for the benefit of the entire group, known as a class. Class actions are used to decide legal and factual issues that are common to all members of a class. This notice merely informs you that the Action is pending and that you may be a member of the Class. However, this Action has not been fully adjudicated on the merits yet, and the parties have not yet agreed to any settlement. Thus, there currently is no judgment in favor of the Class and the provision of this notice does not suggest whether there will be a judgment in favor of the Class or any monetary recovery. OVERVIEW AND STATUS OF THIS ACTION This Action is a securities class action lawsuit alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as well as Securities and Exchange Commission Rule 10b5. This lawsuit assertsalleges that Defendants knew about or recklessly disregarded allegations of sexual misconduct against Defendant Stephen Wynn and concealed them. In concealing the allegations of sexual misconduct, Defendants made material misrepresentations or omitted material facts. Defendants are Wynn Resorts Limited (“Wynn Resorts”), Stephen Wynn, Kimmarie Sinatra, Matthew Maddox, and Stephen Cootey. 2 This Action was commenced on February 20, 2018. On December 4, 2018, the Court issued an Order appointing John V. Ferris and JoAnn M. Ferris as Lead Plaintiffs, appointing Pomerantz LLP as lead counsel, and appointing Muehlbauer Law Office, Ltd. as liaison counsel. On July 1, 2020, Lead Plaintiffs filed a Second Amended Class Action Complaint (the “SAC”). On August 14, 2020, Defendants moved to dismiss the SAC. On July 28, 2021, the Court issued an Order granting in part and denying in part Defendants’ motion to dismiss. On July 18, 2022, Lead Plaintiffs filed a motion for class certification. On March 1, 2023, the Court certified the Class defined above, appointed Lead Plaintiffs John V. Ferris and JoAnn M. Ferris and Plaintiff Jeffrey Larsen as Class Representatives (the “Class Representatives”), appointed Pomerantz LLP as Class Counsel, and appointed Muehlbauer Law Office, Ltd. as local/liaison counsel. The certification of the Class means that the ultimate outcome of the Action will apply in like manner to each person or entity that continues to be a member of the Class through the resolution of the litigation. Defendants deny all claims and wrongdoing asserted in the Action and any liability arising out of the conduct alleged in the SAC. Discovery in this Action is ongoing and fact discovery is set to be complete by May 31, 2024. Opening briefs in support of summary judgment are due January 15, 2024. The parties will have the opportunity to file motions for summary judgment to seek Court resolution of the case and/or specific claims within the case. Opening briefs in support of summary judgment are due January 15, 2025. INSTRUCTIONS TO CLASS MEMBERS YOUR RIGHTS AS A CLASS MEMBER: If you purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive, you are a member of the Class. If you choose to remain a Class Member, you do not need to do anything at this time. Please note, if you choose to opt out of the class, your individual claims will be time barred by the applicable five-year statute of repose under 28 U.S.C. § 1658(b). You will automatically be included in the Class unless you request exclusion in accordance with the procedure set forth below. Your decision is important for the following reasons: If you choose to remain in the Class, you will be bound by all orders and judgments in this Action, whether favorable or unfavorable. If the Class prevails on the common issues, or if a settlement is reached, you may be able to recover an award. If Defendants prevail, you may not pursue a lawsuit on your own behalf with regard to any of the issues decided in this Action. Your interests are being represented by the Class Representatives and Class Counsel. You will not be personally responsible for attorneys’ fees or costs unless you hire your own individual attorney. Class Counsel has agreed to represent the Class on a contingent fee basis, which means that it will be awarded fees and costs only if it succeeds in obtaining a recovery from one or more of the Defendants. Any attorney’s fees and costs will be awarded by this Court from the settlement or judgment, if any, obtained on behalf of the Class. You may remain a member of the Class and elect 3 to be represented by counsel of your own choosing. If you retain your own separate counsel, you will be responsible for that counsel’s fees and expenses, and such counsel must enter an appearance on your behalf by filing a Notice of Appearance with the Court and mailing it to Class Counsel at the address set forth below on or before [90 days after Summary Notice is published]. If you seek to share in any Class recovery, you will be required to prove your membership in the Class with evidence of your purchases, acquisitions, and sales of Wynn Resorts securities during the Class Period. If you choose to be excluded from the Class, you will not be bound by any judgment in this Action, nor will you be eligible to share in any recovery that might be obtained in this Action. If you choose to be excluded, or in other words, “opt-out” of the Action, you may individually pursue any legal rights that you may have against any of the Defendants. Please note that if you exclude yourself from the Class and decide to pursue your own action individually, you maywill not be able to pursue certain claims if the applicable statute of limitations and/or statute of repose under 28 U.S.C. § 1658(b) has lapsed. HOW TO BE EXCLUDED FROM THE CLASS: If you fall within the Class definition and are not otherwise excluded, you will automatically be considered a member of such Class unless you request exclusion in writing. Any member of a Class may request not to be bound by these proceedings. To exclude yourself from the Class, you must send a signed letter by mail stating that you “request to be excluded” from the Class in “Ferris, et al. v. Wynn Resorts Limited, et al., No. 18-cv-00479 (D. Nev.).” Your letter must include: (1) your name, address, and telephone number, (2) the transactional details of the Wynn Resorts securities you purchased, acquired, or sold during the Class Period, including purchase/sale dates, and the amount of shares purchased or sold, and (3) the signature of the person or entity requesting exclusion or an authorized representative. Your request for exclusion will not be effective unless it contains all this information. You must then mail your exclusion request, postmarked no later than [ninety days after publication of the Summary Notice] to: Ferris, et al. v. Wynn Resorts, Limited et al. c/o JND Legal Administration PO Box 91471 Seattle, WA 98111 You cannot exclude yourself from the Class by telephone or email. If your request for exclusion is timely mailed and follows the above requirements, you will not be bound by any judgment in this Action. However, if you validly request exclusion, then you will not be eligible to share in any recovery in this Action. Do not request exclusion if you wish to participate in this Action as a Class Member. CLASS COUNSEL: Class Counsel are Pomerantz LLP (attn: Jeremy A. Lieberman and Murielle J. Steven Walsh), 600 Third Avenue, 20th Floor, New York, New York 10016, (212) 661-1100. PLEASE KEEP YOUR ADDRESS CURRENT: To assist the Court and the parties in maintaining an accurate list of Class Members, please update your name and contact information. To update this information online, visit [insert website] or mail this information to JND Legal 4 Adminstrator, the “Notice Administrator,” at the address listed above (Ferris, et al. v. Wynn Resorts, Limited et al., c/o JND Legal Administration, PO Box 91471, Seattle, WA 98111). If this Notice was forwarded to you by the postal service, or it was otherwise sent to you at an address that is no longer current, you should immediately contact the Notice Administrator and provide them with your current address. If the Notice Administrator does not have your current address, you may not receive notice of important developments in this Action or information about any settlements obtained for the benefit of the Class. WHERE YOU CAN FIND ADDITIONAL INFORMATION: This Notice provides only a summary of the lawsuit and the claims asserted. For more detailed information, visit the website www.WynnSecuritiesLitigation.com, or you may contact Class Counsel or call the Notice Administrator at 888-256-6153. PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION OR ADVICE. SPECIAL NOTICE TO BANKS, BROKERS, AND OTHER NOMINEES: If you purchased or otherwise acquired Wynn Resorts securities during the Class Period for the beneficial interest of any person or entity other than yourself, you must, WITHIN SEVEN (7) DAYS OF YOUR RECEIPT OF THIS NOTICE, either (a) request from the Notice Administrator sufficient copies of the Notice to forward to all beneficial owners, which you shall forward to all beneficial owners within seven (7) days of receipt, or (b) provide a list of the names and addresses of all beneficial owners to the Notice Administrator, who shall promptly send the Notice directly to all beneficial owners. If you select option (a) above, you must send a statement to the Notice Administrator confirming that the mailing was made, and you must retain your mailing records for use in connection with any further notices that may be provided in this Action. If you select option (b), the Notice Administrator will send a copy of the Notice to the beneficial owners. You are entitled to reimbursement for your reasonable expenses actually incurred in complying with the foregoing, including reimbursement of reasonable postage expenses and the reasonable cost of obtaining the names and addresses of beneficial owners, not to exceed $0.15 plus actual postage at the current pre-sort rate used by the Notice Administrator per notice you mailed, $0.05 per notice you emailed, or $0.10 per name and address you provided to the Notice Administrator, and subject to further order of the Court with respect to any dispute concerning such reimbursement. Those reasonable expenses and costs will be paid upon request and submission of appropriate supporting documentation. All requests for reimbursement should be sent to the Notice Administrator. Dated: , 2023 BY ORDER OF THE COURT United States District Court District of Nevada 5 EXHIBIT D Summary Notice -- Redline MUEHLBAUER LAW OFFICE, LTD. Andrew R. Muehlbauer (Nevada Bar #10161) 7915 West Sahara Avenue, Suite 104 Las Vegas, Nevada 89117 Telephone: 702.330.4505 Facsimile: 702.825.0141 Email: andrew@mlolegal.com POMERANTZ LLP Jeremy A. Lieberman (pro hac vice) Murielle J. Steven Walsh (pro hac vice) 600 Third Avenue, 20th Floor New York, New York 10016 Tel: (212) 661-1100 Fax: (917) 463-1044 Email: jalieberman@pomlaw.com mjsteven@pomlaw.com Attorneys for Lead Plaintiffs John V. and JoAnn M. Ferris Additional Counsel on Signature Block UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOHN V. FERRIS and JOANN M. FERRIS, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. WYNN RESORTS LIMITED, STEPHEN A. WYNN, CRAIG SCOTT BILLINGS, STEPHEN COOTEY, MATTHEW O. MADDOX, JOHN J. HAGENBUCH, ROBERT J. MILLER, PATRICIA MULROY, CLARK T. RANDT JR., ALVIN V. SHOEMAKER, KIMMARIE SINATRA, DANIEL B. WAYSON, JAY L. JOHNSON, RAY R. IRANI, and J. EDWARD VIRTUE, Defendants. Case No. 2:18-CV-00479-APG-DJA SUMMARY NOTICE OF PENDENCY OF CLASS ACTION TO: All individuals and entities that purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive (the “Class Period”), and who were damaged thereby. Excluded from the Class are Defendants, the officers and directors of the Company at all relevant times, members of their immediate families and their legal representatives, heirs, successors, or assigns, and any entity in which Defendants have or had a controlling interest. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS ACTION. This Notice is being sent pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the District of Nevada (the “Court”). This Action has not been settled and continues to be litigated. No claim form need be filed at this time. This Notice is not an expression of any opinion by the Court with respect to the merits of the claims or the defenses asserted in the Action. This Notice is merely to advise you of the pendency of this Action and of your rights therein. If you are a member of the Class, your rights are affected by this Action, and you may have the right to participate in any recovery. You also have the right to exclude yourself from the Class by 90 days after publication of the Summary Notice in accordance with the directions set forth in the Notice, which is available at www.WynnSecuritiesLitigation.com or by writing the Notice Administrator at: Ferris, et al. v. Wynn Resorts, Limited et al., c/o JND Legal Administration, PO Box 91471, Seattle, WA 98111. Inquiries other than requests for notice may be made to Class Counsel: Jeremy A. Lieberman Murielle J. Steven Walsh POMERANTZ LLP 600 Third Avenue, 20th Floor New York, New York 10016 (212) 661-1100 PLEASE DO NOT CALL OR WRITE THE COURT OR OFFICE OF THE CLERK FOR INFORMATION OR ADVICE. Dated: , 2023 BY ORDER OF THE COURT United States District Court District of Nevada 2

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