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| News, Views, and Gossip For poker news, views, and gossip |
04-25-2011, 06:45 PM
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#1
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enthusiast
Join Date: Mar 2011
Location: Woburn, MA
Posts: 87
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News: Regarding Clonie Gowen v. FTP
I was looking on Wiki and I saw that her case was dismissed. So being the noisy person I am I went on PACER and read some of the pleadings and motions from the original action, which was dismissed because (I want to keep this as simple as possible for non-legal minded folks) she failed to state in her complaint specific facts that could establish a cause of action (i.e. breach of contract and the covenant of good faith and fair dealing). The judge gave her 3 times to amend the complaint to comply with the rules, but each time she was unable to state specific facts as to when she was promised payment amongst other things.
So come to find out she filed for an Appeal back in March, 2010 and the case is still pending in the United States Court of Appeals for the Ninth Circuit. As of April 21, 2011 they are in mediation with the help of a mediator to reach a settlement. I wonder what she is going to get out of this. As you may know prior to filing suit Clonie found out that all of the FTP pros were receiving distribution checks from FTP except for her. Howard offered her $250k for "past performance" which she rejected. I assume now the offer is going to increase, but by how much with the DOJ stuff going on.
She claims to have been a 1% owner in the company and basically divulging the corporate scheme for FTP.
The original case named the following Defendants:
Defendant Full Tilt Poker (The Brand)
Defendant Tiltware LLC
Defendant Pocket Kings Ltd.
Defendant Kolyma Corporation, A.V.V.
Defendant Raymond J. Bitar
Defendant Howard Lederer
Defendant Andrew Bloch
Defendant Phillip Ivey
Defendant Christopher Ferguson
Defendant John Juanda
Defendant Phillip Gordon
Defendant Erick Lindgren
Defendant Erik Seidel
Defendant Jennifer Harman-Traniello
Defendant Michael Matusow
Defendant Allen Cunningham
Defendant Gus Hansen
Defendant Patrick Antonious
Defendant Pocket Kings Consulting, Ltd.
Defendant Tiltproof, Inc
_______________________
From reading the pleadings apparently this is what their corporate "structure" is:
Kolyma (Parent of All FTP Companies)
Incorporated in Aruba
Principal Place of Business: Aruba
Full Tilt Poker
Incorporated in Aruba
Principal Place of Business: Ireland
Tiltware, LLC: (Parent Company of Pocket Kings)
Incorporated in California
Manager: Raymond J. Bitar
Manager: Howard Lederer
Major Shareholders: Lederer, Bitar, Ferguson, Ivey and Gordon
Pocket Kings LTD (Subsidiary of Tiltware, LLC)
Incorporated In: Ireland
Principal Placeo of Business: Ireland
Not much information to go on, but you can see that the top shareholders are Lederer, Bitar, Ferguson, Ivey and Gordon, with Lederer and Bitar holding managing positions with Tiltware, LLC. (This kind of answers the questions in the other threads as to who owns FTP, it is quite obvious who the key players are though)
I have set an alert up on PACER to alert me of any docket changes so I will let you know if anything else develops.
I did feel it necessary to add an additional line at the end of her personal info in Wikipedia though. haha
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04-25-2011, 07:01 PM
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#2
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Carpal \'Tunnel
Join Date: Jun 2007
Location: Where your job is your credit
Posts: 6,948
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Re: News: Regarding Clonie Gowen v. FTP
She must have some crappy attorneys.
Notice pleading is a pretty easy bar to get over. This was a 12(b)(6) issue right?
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04-25-2011, 07:03 PM
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#3
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enthusiast
Join Date: Mar 2011
Location: Woburn, MA
Posts: 87
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Re: News: Regarding Clonie Gowen v. FTP
Quote:
Originally Posted by eastern motors
She must have some crappy attorneys.
Notice pleading is a pretty easy bar to get over. This was a 12(b)(6) issue right?
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Correcto-mundo, however the controlling precedent was set in 2007 and heightened the standard from notice-pleading to something a little higher.
The modified Federal rule is that, to survive a motion to dismiss, a complaint must contain factual allegations "enough to raise a right to relief above the speculative level . . . on the assumption that all the allegations in the complaint are true. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)
Also she retained the same counsel for her appeal so she must be pleased with them. I have the judge's order from the District Court dismissing the complaint if anyone is interested, let me know.
Last edited by pokerbeastsu; 04-25-2011 at 07:06 PM.
Reason: Respond to the quality of her attorneys
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04-25-2011, 07:13 PM
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#4
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banned
Join Date: Jan 2007
Posts: 264
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Re: News: Regarding Clonie Gowen v. FTP
LOL, Clonie was always a big joke. I don't even know why Team FullTilt ever let her on board in the first place. She will never see a single cent with the shape FullTilt is in now.
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04-25-2011, 07:29 PM
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#5
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Pooh-Bah
Join Date: Feb 2010
Posts: 5,034
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Re: News: Regarding Clonie Gowen v. FTP
Quote:
Originally Posted by pokerbeastsu
From reading the pleadings apparently this is what their corporate "structure" is:
Kolyma (Parent of All FTP Companies)
Incorporated in Aruba
Principal Place of Business: Aruba
Full Tilt Poker
Incorporated in Aruba
Principal Place of Business: Ireland
Tiltware, LLC: (Parent Company of Pocket Kings)
Incorporated in California
Manager: Raymond J. Bitar
Manager: Howard Lederer
Major Shareholders: Lederer, Bitar, Ferguson, Ivey and Gordon
Pocket Kings LTD (Subsidiary of Tiltware, LLC)
Incorporated In: Ireland
Principal Placeo of Business: Ireland
Not much information to go on, but you can see that the top shareholders are Lederer, Bitar, Ferguson, Ivey and Gordon, with Lederer and Bitar holding managing positions with Tiltware, LLC. (This kind of answers the questions in the other threads as to who owns FTP, it is quite obvious who the key players are though)
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And they don't get named by the DOJ, except Bitar?
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04-25-2011, 07:32 PM
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#6
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veteran
Join Date: Aug 2010
Posts: 2,304
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Re: News: Regarding Clonie Gowen v. FTP
So Ivey owns the software. And he's won 20 mil on the site? hmmmm lol
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04-25-2011, 07:35 PM
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#7
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old hand
Join Date: Nov 2007
Location: getting into photography
Posts: 1,732
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Re: News: Regarding Clonie Gowen v. FTP
Quote:
Originally Posted by gaboonviper
LOL, Clonie was always a big joke. I don't even know why Team FullTilt ever let her on board in the first place. She will never see a single cent with the shape FullTilt is in now.
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She had someone by the balls
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04-25-2011, 07:43 PM
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#8
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Carpal \'Tunnel
Join Date: Oct 2002
Location: Syracuse
Posts: 27,024
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Re: News: Regarding Clonie Gowen v. FTP
She ran well at the right time when Full Tilt got started. I believe Jennifer Harman was having health issues, which is why she wasn't an original member of Team Full Tilt, IIRC.
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04-25-2011, 07:47 PM
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#9
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enthusiast
Join Date: Mar 2011
Location: Woburn, MA
Posts: 87
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Quote:
Originally Posted by rugmuncher
She had someone by the balls
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What's the saying... Sex Sells. I guess they needed a pretty face to promote Full Tilt Poker.
In the court docs there is a factual allegation where Clonie was approached by Howard in Texas to be part of FTP as the "Woman of FTP"
Also remember these are her allegations, I assume she named all of the parties correctly, but she may have no idea who holds what interest in each of the companies, but I assume Yes Ivey owns some share in the software company.
Quote:
Originally Posted by Go Get It
And they don't get named by the DOJ, except Bitar?
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Shareholder's are not liable for the companies actions unless they exercise control over the company to a certain extent amongst other things. Just like if Ford got sued for illegal practices the shareholders wouldn't be named in the lawsuit. I assume Bitar is the head honcho and thus they indicted him.
Now that I think about it, it is odd that Howard, Gordon and Ferguson were not indicted.
Last edited by Professionalpoker; 04-25-2011 at 07:54 PM.
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04-25-2011, 07:56 PM
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#10
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adept
Join Date: Jul 2008
Posts: 904
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Re: News: Regarding Clonie Gowen v. FTP
Every single "pro" or whatever walking down the streets, etc in the full tilt commercials were shareholders. It is ludicrous to think she didn't have equity but every other member of Team Full Tilt were shareholders? Impossible IMO.
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04-25-2011, 08:30 PM
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#11
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adept
Join Date: Oct 2009
Location: NYC
Posts: 1,033
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Re: News: Regarding Clonie Gowen v. FTP
Has she won anything in recent memory? She was cute at one point though...
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04-25-2011, 08:34 PM
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#12
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journeyman
Join Date: Oct 2008
Posts: 242
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Re: News: Regarding Clonie Gowen v. FTP
Quote:
Originally Posted by OMG_LadyGaga
So Ivey owns the software. And he's won 20 mil on the site? hmmmm lol
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I assume you were tongue in cheek, but he's just a major shareholder. And it's not like he didn't have a pretty impressive resume prior to online winnings =p
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04-25-2011, 08:38 PM
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#13
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Pooh-Bah
Join Date: Feb 2010
Posts: 5,034
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Re: News: Regarding Clonie Gowen v. FTP
Quote:
Originally Posted by Go Get It
Tiltware, LLC: (Parent Company of Pocket Kings)
Incorporated in California
Manager: Raymond J. Bitar
Manager: Howard Lederer
Major Shareholders: Lederer, Bitar, Ferguson, Ivey and Gordon
And they don't get named by the DOJ, except Bitar?
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Quote:
Originally Posted by pokerbeastsu
Shareholder's are not liable for the companies actions unless they exercise control over the company to a certain extent amongst other things. Just like if Ford got sued for illegal practices the shareholders wouldn't be named in the lawsuit. I assume Bitar is the head honcho and thus they indicted him.
Now that I think about it, it is odd that Howard, Gordon and Ferguson were not indicted.
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Agree that shareholders are not liable, but to think that they did not have some form of control is silly. If I remember Ferguson and Bloch wrote some of the source code for FTP (I think I've read this somewhere I just can not find the source so don't quote me on this) and Ivey and Gordon got in on the ground floor. And how Howard gets away is just unbelievable.
All that said I would be rooting against Clowine as I would rather see mine and all the players rolls returned before she gets X amount of dollars in damages, if anything.
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04-25-2011, 08:54 PM
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#14
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journeyman
Join Date: Nov 2008
Posts: 372
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Re: News: Regarding Clonie Gowen v. FTP
Quote:
Originally Posted by pokerbeastsu
Tiltware, LLC: (Parent Company of Pocket Kings)
Incorporated in California
Manager: Raymond J. Bitar
Manager: Howard Lederer
Major Members: Lederer, Bitar, Ferguson, Ivey and Gordon
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FYP. No such thing as a shareholder for a LLC. Only members.
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04-25-2011, 09:11 PM
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#15
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grinder
Join Date: Jul 2005
Posts: 446
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Re: News: Regarding Clonie Gowen v. FTP
First i like to see there are some lawyers or at least some law students up on 2+2, how did you all do in your civil procedure class? If she is losing on 12(b)(6) motions And on appeal now I'd expect that 250k amount to go way down.
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