Unites States v. Pokerstars, et al

Filing 130

MOTION to Dismiss. Document filed by MAS, Inc..(Michaels, Adam)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
v.
POKERSTARS, et al.,
Defendants;
ALL RIGHT, TITLE AND INTEREST
IN THE ASSETS OF POKERSTARS,
et al.,
Defendants-in-rem.

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11 Civ. 2564 (LBS)

CLAIMANT MAS, INC.’S NOTICE OF
MOTION TO DISMISS FORFEITURE COMPLAINT AND FOR OTHER RELIEF
PLEASE TAKE NOTICE that Claimant MAS, Inc. (MAS”), by its attorneys,
Pepper Hamilton LLP (by Jeremy D. Frey and Adam B. Michaels), will move this Court before
the Honorable Leonard B. Sand at the U.S. Courthouse for the Southern District of New York,
on a date and time to be designated by the Court, for an Order to return to MAS the funds
designated in MAS’s filed claim in this matter.
There being no scheduling order in this case, the defendants, persons representing
defendants-in-rem and other claimants have diverse dates on which to answer or otherwise
respond to the First Amended Complaint. Accordingly, MAS, being a mere claimant and in the
interest of judicial economy, by this motion prospectively joins in and incorporates the motions,
legal arguments and assertions to be contained in motions and all supporting briefs and
documents that may be filed by defendants, persons representing defendants-in-rem and/or other
claimants to property alleged to be subject to forfeiture, including without limitation any such

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motions and related matters under Fed. R. Civ. P. 12(b)(1), (b)(3) and (b)(6), as its interests may
appear.
For the foregoing reasons, Claimant MAS, Inc. joins these motions to be filed and
requests that this Court issue an Order returning property of MAS in accordance with MAS’s
filed claim, and for such other and further relief as this Court may deem proper.
Respectfully submitted,
/s/ Adam B. Michaels
Adam B. Michaels
PEPPER HAMILTON, LLP
620 Eighth Avenue
37th Floor
New York, NY 10018-1405
[e-mail]
Tel: [phone]
Fax: [phone]
Jeremy D. Frey (Pro hac vice)
PEPPER HAMILTON, LLP
3000 Two Logan Square
Eighteenth and Arch Streets
Philadelphia, PA 19103-2799
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for MAS, Inc.
Dated: November 30, 2011

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CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of November, 2011, I electronically filed the
forgoing Notice of Motion with the Clerk of the Court by using the CM/ECF system, which will
send a notice of electronic filing to the parties of record.
/s/ Adam B. Michaels
Adam B. Michaels
PEPPER HAMILTON, LLP
620 Eighth Avenue
37th Floor
New York, NY 10018-1405
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for MAS, Inc.

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