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Gowen files amended complaint against Full Tilt
Her amendment follows the defendants' motion to dismiss her lawsuit, and adds two defendants and seven causes of action. It also states additional facts on which her claims are based.
The defendants had sought to have her case dismissed in its entirety, or to have the court order that she amend her complaint to allege additional facts and drop certain existing allegations.
Rather than filing an opposition to the defendants' motion to dismiss, Gowen's attorneys elected instead to simply file the amended complaint, which they were allowed to do as a matter of right without the court's permission.
Gowen is suing Full Tilt Poker, its related companies, its CEO/CFO Raymond Bitar and 13 individual members of Team Full Tilt.
She claims that the defendants breached their agreement to pay her 1% of Full Tilt's profits in exchange for her agreement to become a member of Team Full Tilt and a "celebrity representative, promoter and spokesperson" for the Full Tilt brand.
Key phone call
Although the nature of the lawsuit remains the same, in order to address the defendants' argument that her allegations were not specific enough in her original complaint, Gowen has added some details surrounding the February 2004 telephone conversation she had with Bitar.
It was during that conversation, Gowen claims, that Bitar entered into the agreement at issue. Gowen asserts there was not much in the way of negotiations during that call - Bitar made the offer and she accepted.
Finally, Gowen alleges that Bitar made this agreement not only on behalf of Full Tilt, but of the other defendants as well.
Gowen also added new claims for an accounting, promissory estoppel, specific performance, declaratory relief, right of publicity, quantum meruit and negligent misrepresentation.
She also continues to maintain her "minority oppression" claim - which refers to a breach of fiduciary action brought by a minority shareholder against the majority - against the other members of Team Full Tilt.
Gowen also tinkered with the amended complaint to include additional legal elements, such as alleging that the defendants had superior knowledge of the companies and that Gowen placed her trust in them and relied on their statements to her.
Pocket Kings, Tiltproof added as defendants
Rounding out her changes, Gowen added Pocket Kings Consulting and Tiltproof as defendants. Pocket Kings Consulting is alleged to be a subsidiary of Tiltware that performs the same services as Tiltware and Full Tilt Poker. Tiltproof is claimed to be the customer support center for Full Tilt as well as the processor of all financial transactions for the companies.
Gowen continues to assert claims against individual members of Team Full Tilt Howard Lederer, Andy Bloch, Phil Ivey, Chris "Jesus" Ferguson, John Juanda, Phil Gordon, Erick Lindgren, Erik Seidel, Jennifer Harman, Mike Matusow, Allen Cunningham, Gus Hansen and Patrik Antonius.
Gowen's amended complaint does not address some of the issues raised in the Full Tilt defendants' motion to dismiss.
She does not make any specific allegations against the individually named defendants, other than Lederer, except to state that the remaining individual defendants were directors and shareholder members of the Full Tilt companies and that all actions taken by Full Tilt were done with their authorization and consent.
The defendants have another 30 days to file their response to Gowen's amended complaint. That response can be either an Answer or another motion to dismiss.
Based upon the allegations made by Gowen concerning the purported breach of contract, however, it is unlikely a court would dismiss the case in its entirety.
As the case proceeds beyond this first stage, the pleading phase, it moves to the discovery phase, where both parties will take depositions, ask written questions (interrogatories) and request documents which will reveal many more details of this dispute. Stay tuned.