By Evert Caldwell, Rounder Life News Team
On the afternoon of June 16, 2020 a “Motion to Dismiss” was submitted in response to a lawsuit filed in Nevada by Maurice “Mac” VerStandig on behalf of Marle Cordeiro alleging Mike Postle cheated Cordeiro in a poker live stream at Stones Gambling Hall in California. The response was filed by the law firm of Maier Gutierrez & Associates on behalf of Postle.
In the eleven page document attorney Joseph N. Mott argues the case should be dismissed “for lack of personal jurisdiction, or, in the alternative, based on forum non conveniens.”
Mott points out the complaint was filed by the same firm (The VerStandig Law Firm, LLC) who had their case recently dismissed in the United States Court for the Eastern District of California asserting “..nearly identical claims to those asserted by Marle in this case. Knowing her case was drawing dead in California, Plaintiff filed her complaint in Nevada, despite a complete lack of any basis for a Nevada court to exercise personal jurisdiction over Michael.”
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Mott explains Postle is a resident of California, has no continuous and systematic contacts with Nevada, and “did not direct any activities toward Nevada related to the allegations in the complaint.” He further clarifies his client didn’t invite Cordeiro to play in the stream, and the period of time the two played together on the Stones Live stream on September 21, 2019 was “the only interaction Marle alleges ever occured between her and Michael.”
In addition to addressing personal jurisdiction issues, Mott decries the filing as “a blatant attempt to forum shop.”
Factors such as ease of access to evidence and whether the plaintiff’s chosen court would be burdensome to the defendant are weighed prior to a court opting to use its discretionary power to decline to exercise its jurisdiction where another court may more conveniently hear a case.
Mott points out, “California is a convenient forum for the parties and nearly all evidence, proof, and witnesses are located in California”.
In conclusion Mott summarizes, “The filing of this complaint in Nevada is puzzling. Given the completely California based facts, the only explanation for Marle filing in Nevada is that she knew her case would be dismissed in California and decided to instead try her hand in a Nevada court hoping for a more favorable ruling. This is the definition of forum shopping and such conduct should not be tolerated. If Marle’s claims must be litigated, they should be litigated in California. For the reasons stated above, Michael respectfully requests that this Court grant his motion to dismiss for lack of personal jurisdiction, or, in the alternative, based on forum non conveniens.”
Read the entire Motion To Dismiss.
Cordeiro, who is currently in the U.K., has mostly avoided commenting on the case. A recent post on Twitter reveals she’s in no rush to return to the U.S.
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In 2007 Rounder Magazine recognized Mike Postle as an elite pro and provided him with merchandise to promote the Rounder brand. No other considerations have been provided. Mr. Postle has never had ownership rights, nor has he ever been employed by Rounder. Rounder Life Media is not in a position to determine Mike Postle's guilt or innocence. This will be determined by the official investigation(s) being conducted, or through a court of law, not speculation. We will continue to pursue all relevant facts related to this case and report such, whether they support or disprove the charges.
