Unites States v. Pokerstars, et al

Filing 284

MOTION to Dismiss Second Amended Complaint. 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 Hon. 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 dismissing the second amended
complaint as to the Defendant Property claimed by MAS and to return to MAS the funds
designated in MAS’s filed claim in this matter.
MAS by this motion joins in and incorporates the motions, legal arguments and
assertions contained and to be contained in motions and all supporting briefs and documents that
have been and 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
motions and related matters under Fed. R. Civ. P. 12(b)(1), (b)(3) and (b)(6), as its interests may
appear.

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For the foregoing reasons, Claimant MAS, Inc. joins these motions, whether filed
or to be filed, and requests that this Court issue an Order dismissing the second amended
complaint as to the Defendant Property claimed by MAS, 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 15, 2012

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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of November, 2012, 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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