Unites States v. Pokerstars, et al

Filing 285

MOTION to Dismiss Second Amended Complaint. Document filed by Ultra Safe Pay, LLC.(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 ULTRA SAFE PAY, LLC NOTICE OF
MOTION TO DISMISS FORFEITURE COMPLAINT AND FOR OTHER RELIEF
PLEASE TAKE NOTICE that Claimant Ultra Safe Pay, LLC (“USP”), 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 USP and to return to USP the funds
designated in USP’s filed claim in this matter.
USP by this motion joins in and incorporates the motions, legal arguments and
assertions contained in 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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Claimant Ultra Safe Pay, LLC joins these motions filed and to be filed and
requests that this Court issue an Order dismissing the second amended complaint as to the
Defendant Property claimed by USP, returning property of USP in accordance with USP’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 Ultra Safe Pay, LLC
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 Ultra Safe Pay, LLC

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