The 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 Ferris, et al. v. Wynn Resorts, Limited et al., as a class action.  The purpose of the Notice is to inform potential Class Members 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 below, 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.

The Class includes all individuals and entities that purchased or otherwise acquired Wynn Resorts securities between March 28, 2016 and February 12, 2018, inclusive, and who were damaged thereby.

If you fit the description of a Class Member, you have a choice whether or not to remain a member of the Class on whose behalf this Action is being maintained.

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 Representative 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 attorneys’ fees and costs will be awarded by this Court from the settlement or judgment, if any, obtained on behalf of the Class.

Please note the deadline for exclusion has passed.

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 10b-5.  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.

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.

The Exclusion Deadline has passed. 

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.

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. 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.

The Exclusion Deadline has passed. 

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.

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 have sent 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) 4 Questions? Visit www.WynnSecuritiesLitigation.com 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 have then mailed your exclusion request, postmarked no later than March 7, 2024 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

As a member of the Class, you will be represented by Class Counsel who are:

Pomerantz LLP
Jeremy A. Lieberman
Murielle J. Steven Walsh
600 Third Avenue, 20th Floor
New York, NY 10016
(212) 661-1100

Unless you hire your own personal lawyer, as a Class member you will not have any direct obligations to pay the costs of this lawsuit. In the event there is a recovery by the Class, all costs and expenses, including Class Counsel’s attorneys’ fees, will be paid from that recovery in an amount that is approved by the Court. If there is no recovery, Class Counsel will not receive any attorneys’ fees or expenses.

For more detailed information regarding the Action, you may view case-related documents on the Important Documents page of this website, or you may contact Class Counsel. You may also call JND Legal Administration (the “Notice Administrator”) at 888-256-6153. Please do not call or write the Court or the Clerk for information or advice.

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 THE 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.