Unites States v. Pokerstars, et al

Filing 223

MOTION to Strike Document No. 59 (Claim of Kentucky) and Dismiss Counterclaim. Document filed by United States Of America.(Cowley, Jason)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - x : UNITED STATES OF AMERICA, : Plaintiff, : : : - v. - NOTICE OF MOTION TO STRIKE THE CLAIM AND DISMISS THE COUNTER CLAIM OF THE COMMONWEALTH OF KENTUCKY 11 Civ. 2564 (LBS) : POKERSTARS, et al. Defendants; : : ALL RIGHT, TITLE AND INTEREST IN THE ASSETS OF POKERSTARS, et al.; : Defendants-in-rem. : - - - - - - - - - - - - - - - - - x PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law in Support of the Government’s Motion to Strike the Claim and Dismiss the Counter Claim of the Commonwealth of Kentucky, and upon all the pleadings heretofore filed in this action and all proceedings had herein, Plaintiff United States of America, by its attorney Preet Bharara, United States Attorney for the Southern District of New York, will move this Court, before the Honorable Leonard B. Sand, United States District Judge for the Southern District of New York, at the United States Courthouse for the Southern District of New York, located at 500 Pearl Street, New York, New York, on a date and time to be set by the Court, for an Order striking the Claim of the Commonwealth of Kentucky, for lack of standing pursuant to Rule 12(b) and (c) of the Federal Rules of Civil Procedure and Rule G(8)(c) of the Supplemental Rules for Certain Admiralty and Maritime Claims. Dated: New York, New York July 16, 2012 Respectfully submitted, PREET BHARARA United States Attorney for the Southern District of New York By: To: /s/ SHARON COHEN LEVIN MICHAEL D. LOCKARD JASON H. COWLEY Assistant United States Attorneys One St. Andrews Plaza New York, New York 10007 (212) 637-1060/2218/2479 D. Eric Lycan, Esq. Steptoe & Johnson, PLLC 1010 Monarch Street, Suite 250 P.O. Box 910810 Lexington, Kentucky 40513 (859) 255-7080 Counsel for Commonwealth of Kentucky 2

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