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FTP Discussion Thread (Everything but big new news goes here. Cliffs in OP) FTP Discussion Thread (Everything but big new news goes here. Cliffs in OP)
View Poll Results: Do you want the AGCC to regulate the new FTP?
Yes
1,156 56.58%
No
887 43.42%

07-09-2012 , 04:50 PM
Quote:
Originally Posted by bizzle03
For jurisdiction to be proper, a court needs subject matter jurisdiction (jurisdiction over the type of claim) and personal jurisdiction (jurisdiction over the person/company).

Without looking at the complaint, I believe it was because they were violating federal law (federal question jurisdiction to give them subject matter jurisdiction) and doing so in New York (cited players in NY playing on the site, then cashing out to bank, etc.,) therefore, they had sufficient minimum contacts in NY such that they purposefully availed themselves/could reasonably be expected to be hailed into court there.

The federal question of law + sufficient minimum contacts in New York means that they have subject matter jurisdiction and personal jurisdiction and jurisdiction is proper.
federal law prohibits it in states where it's prohibited?
07-09-2012 , 04:59 PM
Still nothing on PACER as of 4:58pm ET.
07-09-2012 , 05:00 PM
Quote:
Originally Posted by zoomie123
Yes but that was kind of a stretch. Even so networks would not have put the ads on if they thought the real money sites were illegal. Televised tournaments and cash games with millions in real money on the line and cutaway to a poker adds.

If I were going to sue I would go after the networks.
Based on what cause of action, exactly?
07-09-2012 , 05:01 PM
Quote:
Originally Posted by zoomie123
federal law prohibits it in states where it's prohibited?
Federal law prohibits bank fraud and money laundering in all states.
07-09-2012 , 05:03 PM
Quote:
Originally Posted by zoomie123
federal law prohibits it in states where it's prohibited?
I'm not sure what you mean by "it"? Federal law prohibits bank fraud, money laundering, etc. UIGEA is federal law, too. Most, if not all of the stuff they were charged with were federal law vioaltions. Otherwise (if any were state), the federal court could obtain supplemental jurisdiction over state law claims arising out of a common nucleus of operative fact, as was present here.
07-09-2012 , 05:10 PM
Quote:
Originally Posted by Mondogarage
Still nothing on PACER as of 4:58pm ET.
meaning what? can a deadline just go ignored?
07-09-2012 , 05:22 PM
Quote:
Originally Posted by bizzle03
I guess maybe there is a 4th possibility. They just don't file a motion to dismiss or a motion to strike. That seems like legal malpractice not to, though. If they didn't do it, I would think it's because a settlement is a lock.

Lawyers?
No, this is not a viable possibility. They don't have ot file a motion to dismiss or motion to strike, but they do need to file a responsive pleading. If it's not a MTD, it would generally be an Answer.

ECF filings are not instantaneously available on PACER, however. Once a pleading is filed via ECF, it has to be reviewed for format by the court clerk's office (or whoever in a given district reviews all ECF filings), to ensure that the filing conforms to ECF rules. Once that happens, it makes it way over to PACER, and in my experience, that can take a couple hours.

PACER is the main database for those not in the case to get access to filings, but the filings themselves are accomplished via ECF, not PACER.
07-09-2012 , 05:25 PM
keep up the good work gentlemen
07-09-2012 , 05:25 PM
Quote:
Originally Posted by insidemanpoker
meaning what? can a deadline just go ignored?
I don't think it can here. This is the deadline for motions to dismiss, motions to strike, and most importantly, answers not yet filed.

Answers are the most important part here. An answer is a pleading by the defendant that responds to the plaintiffs complaint. If a responsive pleading is required and the allegations set forth in the complaint are not denied, then any allegations not denied are admitted.

I'm a little confused on the timing though. If you file a motion to dismiss, you don't need to file an answer until that is resolved. If you don't file a motion to dismiss, I'm not sure if the answer is immediately due. That's what it looks like here, though.
07-09-2012 , 05:26 PM
Quote:
Originally Posted by Mondogarage
No, this is not a viable possibility. They don't have ot file a motion to dismiss or motion to strike, but they do need to file a responsive pleading. If it's not a MTD, it would generally be an Answer.

ECF filings are not instantaneously available on PACER, however. Once a pleading is filed via ECF, it has to be reviewed for format by the court clerk's office (or whoever in a given district reviews all ECF filings), to ensure that the filing conforms to ECF rules. Once that happens, it makes it way over to PACER, and in my experience, that can take a couple hours.

PACER is the main database for those not in the case to get access to filings, but the filings themselves are accomplished via ECF, not PACER.
Lol, realized this and deleted that. This is great review for the bar exam.

Question, though, would there be a 5 pm EST deadline for the e-filing?
07-09-2012 , 05:28 PM
still nothing? I thought I would hear the big announcement today.
07-09-2012 , 05:33 PM
Quote:
Originally Posted by bizzle03
Lol, realized this and deleted that. This is great review for the bar exam.

Question, though, would there be a 5 pm EST deadline for the e-filing?
Not sure, that depends on the Local Rules for SDNY. Some federal districts have 5pm or 6pm filing deadlines. Some judges within a given district have their own time deadlines. In the absence of a local rule stating otherwise, I believe the deadline is midnight. I've never actively worked an SDNY case, but I suppose I can look up their local rules easily enough.
07-09-2012 , 05:37 PM
Okay, I just got this from the SDNY ELECTRONIC CASE FILING RULES & INSTRUCTIONS:

Quote:
13.10 Can I file electronically at any time?
Yes. You can file electronically 24 hours a day, 7 days a week, 365 days a year. Filing must be completed
before midnight local time where the Court is located in order to be considered timely filed that day.
So they've got another six hours or so, to file something electronically, if they have not already done so.
07-09-2012 , 05:38 PM
07-09-2012 , 05:47 PM
Has Howard turned up for the main yet?!
07-09-2012 , 05:54 PM
Quote:
Diamond Flush ‏@Diamond_Flush

Bitar to be released today, more to follow!
Hopefully not just more about Bitar.
07-09-2012 , 06:07 PM
"Bitar will remain in the New York area for the next 48 hours until he discloses to federal prosecutors all of the assets he holds both in the U.S. and abroad."

Mean anything?
07-09-2012 , 06:09 PM
Quote:
Originally Posted by NeedsToBeSaid
Hopefully not just more about Bitar.
Seriously, where Ray sleeps tonight is not exactly what we are going for here
07-09-2012 , 06:10 PM
Quote:
Originally Posted by Huskermoney00
"Bitar will remain in the New York area for the next 48 hours until he discloses to federal prosecutors all of the assets he holds both in the U.S. and abroad."

Mean anything?
No. They've always been trying to freeze all of his accounts. This just makes it easier. The court is making him do it probably on the premise that he can't become a lifelong fugitive if he doesn't have millions readily available.

You would think the monitoring device that they are making him wear would do this.
07-09-2012 , 06:11 PM
Quote:
Originally Posted by Huskermoney00
"Bitar will remain in the New York area for the next 48 hours until he discloses to federal prosecutors all of the assets he holds both in the U.S. and abroad."

Mean anything?
Not really, though if he doesn't disclose every one of his assets now, and the feds find them later, he's gonna be ****ed with his bond revoked.

Otherwise, the only things of significance here are a) Kaplan did recuse himself, and b) Bitar can go to Glendora, CA, but will be doing so with new jewelry festooned on his ankle.
07-09-2012 , 06:18 PM
Taken a few weeks off poker and I now see things are at least moving forward albeit slightly, it might not look like it for you guys who check this thread every day though, I can def see that and I dont blame you. Hopefully there will be some resolution to this soon, hang in there guys.
07-09-2012 , 06:18 PM
Ahhh alright thanks guys, just thought maybe it would have had something to do with him giving those assets over to the DOJ so they could pass them on to PS for us.... well, another dream crushed
07-09-2012 , 06:25 PM
The reports I have seen, though not conclusive, have said that the DOJ would not "pass assets" to Pokerstars. Rather, they may get a discount on the settlement price based on certain seized funds, but DOJ is keeping the seized funds.

Effectively, it's the same thing, though.
07-09-2012 , 06:26 PM
I mean it's cool and everything reading news about Bitar. But news that doesn't shed light on WTF is going to happen to my money is so MEH right now.

      
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