Gowen lawsuit tilts

Clonie Gowen
Clonie Gowen's lawsuit against Full Tilt Poker was dismissed, but may not go away just yet.

Clonie Gowen's lawsuit against Full Tilt Poker, its related companies and thirteen of its Pros took a significant hit last week when a Federal Judge granted a motion to dismiss the case.

The lawsuit was not thrown out in its entirety, however, and will likely continue against Tiltware, LLC, and two other named defendants.

In her lawsuit, Gowen claims she was entitled to 1% of Tiltware's profits in exchange for becoming a Full Tilt Pro and representing the company at poker-related events.

The defendants responded with a motion to dismiss, which not heard when Gowen filed an amended complaint, changing some of the language and adding additional factual allegations.

According to the defendants, Gowen's changes were merely cosmetic and did not cure any of the deficiencies they previously identified, so they renewed their motion to dismiss.

Front and center in the renewed motion was the argument that defendants Tiltware CEO Raymond Bitar, 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 were not parties to the alleged agreement between Tiltware and Gowen, and therefore could not be liable for a breach of that agreement.

In a hearing on April 27 Judge Robert Jones agreed with the defendants.

Against all but three of the defendants - Tiltware, Bitar and Lederer - Gowen's complaint was dismissed with prejudice, meaning she is not permitted to amend her complaint a second time to try and bring those defendants back into the case.

Gowen was, however, given the opportunity to re-plead her claims against Tiltware, Bitar and Lederer.

Full Tilt attorney Thomas Dillard had no comment on the court's ruling.

However, Gowen's attorneys have indicated that they intend to appeal the Judge's ruling.

In the interim, they have filed a motion asking for clarification alleging the court did not dismiss two other claims unrelated to the alleged breach of contract.

Because of the court ruling, an earlier dispute with respect to discovery has also been put on hold.

Gowen was seeking depositions and documents from the various defendants and sanctions for their alleged failure to respond.

But with the lawsuit being dismissed against most, the discovery sanctions motion was taken off calendar.

Gowen did not respond to requests for an interview regarding the case.

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