This story was published March 24, 2020
By Rounder Life News Team
Sacramento, CA – In a filing late this afternoon, Defendant Michael Postle asked the Court for an order “dismissing the claims against him.”
Earlier this month, The Sacramento Bee reported on Defendant King’s Casino’s (D/B/A Stones Gambling Hall) March 4th, response. Justin F. Kuraitis responded on March 13th, and joined Stones in asking the court to toss the complaint. In his response, Postle “joined” Stones and Kuraitis’ Motions to Dismiss on certain counts.
The matter is scheduled to be heard by The Honorable William B. Shubb, U.S. District Judge of the Eastern District of California on May 5, 2020 at the Robert T. Matsui Federal Courthouse.
FULL RESPONSE | FILED RESPONSE
Summary
“Plaintiffs’ Complaint for Damages (“Complaint”) should be dismissed in its entirety because it fails either to state a claim upon which relief can be granted or to plead fraud with particularity.”
“Count I, II, III, and IV, should be dismissed because Plaintiffs fail to plead fraud with particularity. Plaintiffs fail entirely to lay out the who, where, why, when, or how of the alleged fraudulent conduct underlying each cause of action. Instead, Plaintiffs present facts indicating that unknown parties, lost unknown funds, based on undescribed conduct, at an unknown time, via unknown means.”
“Second, Counts II through IV must also be dismissed for the reason set forth in King’s Casino LLC’s Motion to Dismiss, ECF 31, and Justin Kuraitis’ Motion to Dismiss, ECF 33: (1) Plaintiffs fail to plead each count with particularity; (2) gambling losses are not cognizable as damages under California law and public policy; and (3) Plaintiffs allege purely economic losses and fail to assert a special relationship between Plaintiffs and Mr. Postle.
“Finally, Count V should be dismissed under 12(b) (6). Count V purports to bring an action for unjust enrichment. Unjust enrichment is not a recognized cause of action under either federal or California law but rather a synonym for restitution.”
“Plaintiffs’ Complaint alleges that Mr. Postle worked with an unidentified “confederate” through an unidentified method to secure information regarding the cards of unidentified poker players in unidentified historical games.”
“The Complaint does not offer facts laying out a single poker hand that Plaintiffs allege to have been tainted by fraud or the manner in which they allege such fraud to have taken place. As a result, no specific injury sustained by any captioned Plaintiff can be identified nor the logic behind the implication that Mr. Postle caused that injury. Pleading these elements with particularity is a requirement, not a suggestion of Rule 9(b). Without such specific allegations, no substantive response beyond a general denial is possible.”
“The allegations of the Complaint merely demonstrate that Mr. Postle won money, nothing more.”
“The conclusion that a winning gambler is cheating is a non sequitur, though undoubtedly a common one among losing gamblers.”
“Here, Plaintiff’ pleading fails entirely to allege that Mr. Postle engaged in any specific behavior amounting to, or creating a strong inference, of fraud. Plaintiffs instead present page after page of speculation, unsupported conclusion, spurious statistical claims and improper or illogical inferences from neutral facts.”
“Counts II through V must also be Dismissed for Reasons Set Forth in Defendants Kings Casino, LLC and Justin Kuraitis’ Motions to Dismiss. Defendants’ Motions to Dismiss lay out numerous reasons why each of these claims should be dismissed and Mr. Postle joins in each of those arguments and adopts Defendant’s Motions to Dismiss and the arguments and authority cited therein as though fully set forth herein.”
This is a developing story. Check back for updates.
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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
