Unites States v. Pokerstars, et al

Filing 189

MOTION to Dismiss Verified First Amended Complaint. Document filed by Howard Lederer. Responses due by 7/30/2012 Return Date set for 8/13/2012 at 11:59 PM.(Peters, Elliot)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,

Case No. 11 Civ. 2564 (LBS)

Plaintiff,
v.
POKERSTARS; et al.,
Defendants.
ALL RIGHT, TITLE AND INTEREST IN
THE ASSETS OF POKERSTARS, et al.;
Defendants-In-Rem.

DEFENDANT AND CLAIMANT HOWARD LEDERER’S NOTICE OF MOTION AND
MOTION TO DISMISS VERIFIED FIRST AMENDED COMPLAINT

PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 9(b) and
12(b)(6), Defendant Howard Lederer hereby moves the Court to dismiss the $42 million in
personam claim against Lederer for money laundering, along with the First and Fourth Claims
for Relief in rem. This Motion shall be heard before the Honorable Leonard B. Sand, United
States District Judge for the Southern District of New York, located at 500 Pearl Street, New
York, New York, at a date and time to be set by the Court.
Defendant Lederer bases his Motion on this Notice of Motion and Motion; the
Memorandum of Law that follows; all pleadings, records and papers on file in this action; such
evidence and oral argument as may be presented at or before a hearing of this matter, and any
other evidence that the Court deems appropriate.

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675083.01

Dated: July 9, 2012

Respectfully submitted,

/s/ Elliot R. Peters
Elliot R. Peters
Cody S. Harris
KEKER & VAN NEST LLP
633 Battery Street
San Francisco, CA 94111-1809
415 391 5400 (Telephone)
415 397 7188 (Facsimile)
Email: [e-mail]
Attorneys for Defendant and Claimant
HOWARD LEDERER

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675083.01

CERTIFICATE OF SERVICE
I hereby certify under penalty of perjury that on July 9, 2012, I caused a true copy of the
foregoing Defendant and Claimant Howard Lederer’s Notice of Motion and Motion to Dismiss
Verified First Amended Complaint pursuant to Rule G of the Supplemental Rules for Admiralty
and Maritime Claims to be served by the Court’s ECF system upon:
Jason H. Cowley
Michael D. Lockard
United States Attorneys Office
One Saint Andrew’s Plaza
New York, NY 10007
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

/s/Elliot R. Peters
Elliot R. Peters

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675083.01