Unites States v. Pokerstars, et al

Filing 273

ENDORSED LETTER addressed to Judge Leonard B. Sand from Sharon Cohen Levin dated 10/1/2012 re: Counsel writes to propose the following briefing schedule: Lederer, Furst/Ajax Trust, and Ferguson shall have until November 16, 2012, to file motions to dismiss. The Government shall have until December 21, 2012, to file a response. Lederer, Furst/Ajax Trust, and Ferguson shall have until January 11, 2013, to file replies. All parties (with the exception of Lederer, Furst/Ajax Trust, and Ferguson who will be filing renewed motions to dismiss as noted below) shall have until October 19, 2012, to answer the Complaint. The motions schedule regarding Lederer, Furst/Ajax Trust, and Ferguson set forth above be adopted. All other deadlines in this action, including discovery deadlines, be terminated until the resolution of the motions to dismiss and the other motions set forth in this Letter. ENDORSEMENT: SO ORDERED. Absolute Entertainment, S.A. answer due 10/19/2012; Absolute Poker answer due 10/19/2012; Autoscribe Corporation answer due 10/19/2012; Raymond Bitar answer due 10/19/2012; Blanca Games, Inc. of Antigua answer due 10/19/2012; Blue Water Services Ltd answer due 10/19/2012; Fiducia Exchange Ltd answer due 10/19/2012; Filco Ltd. answer due 10/19/2012; Full Tilt Poker answer due 10/19/2012; Full Tilt Poker Ltd. answer due 10/19/2012; Kolyma Corporation A.V.V. answer due 10/19/2012; Mail Media Ltd. answer due 10/19/2012; Oldford Group LTD answer due 10/19/2012; Oldford Group Ltd. answer due 10/19/2012; PYR Softward Ltd answer due 10/19/2012; PYR Software Ltd. answer due 10/19/2012; Pocket Kings Consulting Ltd. answer due 10/19/2012; Pocket Kings Ltd. answer due 10/19/2012; Pokerstars answer due 10/19/2012; Ranson Ltd. answer due 10/19/2012; Ranston Ltd. answer due 10/19/2012; Rational Entertainment Enterprises LTD. answer due 10/19/2012; SGS Systems Inc answer due 10/19/2012; Sphene International Ltd. answer due 10/19/2012; Stelekram Ltd. answer due 10/19/2012; Tiltware L.L.C. answer due 10/19/2012; Tiltware LLC answer due 10/19/2012; Trust Services Ltd. answer due 10/19/2012; Ultimate BET answer due 10/19/2012; Vantage Ltd. answer due 10/19/2012; Vantage Ltd. answer due 10/19/2012.( Motions due by 11/16/2012., Responses due by 12/21/2012, Replies due by 1/11/2013.) (Signed by Judge Leonard B. Sand on 10/2/2012) (ft)

U.S. Department of Justice

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United States Attorney
Southern District ofNew York
The Silvio J. Mollo Building
One Saint Andrew's Pla::a
New York. New York 10007

BY HAND
Honorable Leonard B. Sand
United States District Judge
United States Courthouse
500 Pearl Street, Room 1650
New York, NY 10007
Re:

United States v. Pokerstars, et al.,
11 Civ. 2564 (LBS)

Dear Judge Sand:
The Government respectfully writes in regard to scheduling in the above-captioned matter.
The Government, after conferring with counsel for all parties in this action and without opposition,
proposes the following schedule.
In regard to the Second Amended Complaint (the "Complaint," D .E. 272), the Complaint was
hand-filed on September 11, 2012. The Complaint did not appear on CMlECF, however, until
September 26, 2012. Accordingly, the Government requests that the parties shall have until October
19,2012, to answer the Complaint.
The Government has conferred with counsel for claimant/defendants Lederer, Furst/Ajax
Trust, and Ferguson. These parties had filed motions to dismiss the First Amended Complaint and
plan to file updated motions to dismiss regarding the Second Amended Complaint. The Government
and these parties have concurred and request the following briefing schedule:
1.

Lederer, Furst/ Aj ax Trust, and Ferguson shall have until N ovem ber 16, 2012,
to file motions to dismiss.

2.

The Government shall have until December 21, 2012, to file a response.

3.

Lederer, Furst/Ajax Trust, and Ferguson shall have until January 11,2013,
to file replies.

Additionally, because of the anticipated filing of these motions as well as several currently
pending motions to strike claims and a motion for, inter alia, the entrance of a settlement with
certain of the Absolute Poker entities, the Government, after conferring with the remaining parties,
requests that the current additional deadlines, including discovery deadlines, in the action be
terminated pending the resolution ofall ofthese motions. 1 Upon the resolution ofthese motions, the
remaining parties can confer and suggest a discovery schedule to the Court. The Government
respectfully suggests that this procedure will promote efficiency and avoids unnecessary expense of
time and resources.
The Government has communicated with counsel for all parties remaining in this action
regarding these issues. All counsel that have responded have provided consent for the proposed
schedule. No parties have opposed.

[Intentionally Left Blank]

1 The following motions have been fully briefed and are ripe for the Court's
consideration: (1) the Government's motion to strike the claim of Avoine - Servico De
Consultadoria E Marketing, LDA ("Avoine") (DE 197); (2) the Government's motion to strike
the claim of Robb Evans (D.E. 199); (3) the Government's motion to strike the claim of
Cardroom International (D.E. 203); and (4) the Government's motion for (1) the entry ofa
proposed settlement regarding ceratin Absolute Poker-affiliated entities and (2) the interlocutory
sale of the assets of those entities (D.E. 237).

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Accordingly, the Government respectfully requests that the Court so order the following:
1.

That all parties (with the exception of Lederer, Furst/Ajax Trust. and
Ferguson who will be filing renewed motions to dismiss as noted below)
shall have until October 19,2012, to answer the Complaint;

2.

That the motions schedule regarding Lederer, FurstlAjax Trust, and Ferguson
set forth above be adopted; and

3.

That all other deadlines in this action, including discovery deadlines, be
terminated until the resolution of the motions to dismiss and the other
motions set forth in this Letter.

Respectfully submitted,
PREET BHARARA
United States Attorney for the
Sou em District of New York

By:

Jason . Cowley
Assistant United States Attorney
[phone]/219312479
cc:

(by email)
Jerry Bernstein, counsel for Absolute Poker; Leonard Rodes, counsel for Avoine;
Richard Levitt, counsel for Raymond Bitar; Elliot Peters, counsel for Howard Lederer
Jon Harris, counsel for Chris Ferguson; David Angeli, counsel for Rafael Furst and Ajax
Trust; Robert J Hantman and Zachary Kozak, counsel for Cardroom International LLC;
Eric Lycan, counsel for the Commonwealth of Kentucky; Jeremy Frey, counsel for MAS,
Inc. and Ultra Safe Pay, LLC; Gary Caris, Counsel for Robb Evans

AOORDERED:A1

C/~aA'/'~.
The Honorable Leonard B. Sand

United States District Judge

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