Unites States v. Pokerstars, et al

Filing 292

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012 re: Accordingly, the Government and defendant/claimant Ferguson jointly request that (a) Ferguson's memorandum in support of Lederer's motion to dismiss (D.E. 286) be treated as a separate motion to dismiss on behalf of Ferguson; and (b) the Government will have until January 28, 2013 to respond to the motion, and Ferguson will have until February 18, 2013 to file any reply. ENDORSEMENT: GRANTED. SO ORDERED., ( Responses due by 1/28/2013, Replies due by 2/18/2013.) (Signed by Judge Kimba M. Wood on 12/17/2012) (ama)

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MEMO ENDORSED'

December 14, 2012

BY HAND
Honorable Kimba M. Wood
United States District Judge
United States Courthouse
500 Pearl Street, Room 1910
New York, NY 10007
Re:

United States v. Pokerstars, et at.,

11 Civ. 2564 (KMW)

Dear Judge Wood:

The Government respectfully writes regarding scheduling in the above-captioned matter,

particularly in regard to Claimant/Defendant Christopher Ferguson and his motion to dismiss the

Second Amended Complaint.

By way of background, the Government tiled the Second Amended Complaint (the

"Complaint") on or about September 11, 2012. (D.E. 272) On or about November 15, 2012,

defendant/claimant Howard Lederer tiled a motion to dismiss the Complaint. (D.E. 281) That same

day, claimants MAS, Inc. and Ultra Safe Pay, LLC also tiled motions to dismiss. (D.E. 284, 285)

On or about November 16,2012, defendant/claimant Christopher Ferguson tiled a memorandum in

further support of Lederer's motion to dismiss. (D.E.286) Pursuant to the Court's so-ordered letter

of October 2,2012, (D.E. 273), the Government's deadline to respond to such motions is presently

December 21,2012.

On today's date, proposed settlements have been submitted for the Court's consideration in

regard to Howard Lederer, MAS, Inc., and Ultra Safe Pay, LLC. Pursuant to these settlement

agreements, Lederer, MAS, Inc., and Ultra Safe Pay, LLC have agreed to withdraw all pending

motions in this action, including their motions to dismiss.

The Government is also in settlement discussions with the remaining defendant/claimant,

Christopher Ferguson. In the meantime, however, counsel for Ferguson has informed the

Government that, in light ofLederer' s settlement and withdraw ofhis motion, Ferguson requests that

his memorandum in support of Lederer's motion now be treated as a separate and independent

motion to dismiss the complaint. The Government consents to this request, and counsel for

Ferguson has consented to permitting the Government additional time to respond to the motion,

particularly in light of the ongoing settlement negotiations.

Accordingly, the Government and defendant/claimant Ferguson jointly request that (a)
Ferguson's memorandum in support of Lederer's motion to dismiss (D.E. 286) be treated as a
separate motion to dismiss on behalf of Ferguson; and (b) the Government will have until January
28, 2013 to respond to the motion, and Ferguson will have until February 18, 2013 to file any reply.

Respectfully submitted,
PREET BHARARA

By:
Sh
. Cowley
Assistant United States Attorneys
[phone]/2193/2479
cc:

(by email)
Jon Harris, counsel for Chris Ferguson

SO ORDERED: I it .. IT -

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(~yY).~
The Honorable Kimba M. Wood
United States District Judge

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