It is neither in Clonie Gowen’s nature nor in her name to stand still. Clonie is the abbreviated form of her real name, Cycalona, and she is proving to be a cyclone for Full Tilt Poker. In less than a month after Full Tilt responded to her law suit, Clonie has made her fresh move in the case.
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In November 2008 Clonie had file a civil case against Full Tilt Poker and the other celebrities on its roll for refusing to pay her 1% of the revenues for being a celebrity player on the online poker room. Early in January Full Tilt Poker had responded by filing a motion to dismiss her suit. The ball was then in Clonie’s court, which she has returned to the other side with the alacrity of a Serena Williams’ cross court pass.
Instead of opposing Full Tilt’s motion to dismiss her suit as was being expected, Clonie’s lawyers filed an amended complaint. She has added two defendants and seven causes of action. She has also filed additional facts to support her claim. The key to the complaint made by Clonie lies in the telephone call Raymond Bitar, the CEO of Full Tilt, made to her in February 2004.
She has now provided details surrounding that telephone call in order to counter the argument made by Full Tilt that her allegations were not specific. Clonie had averred that there was no written agreement between her and Full Tilt. Bitar had made an oral offer over telephone and she had accepted. Clonie has also claimed that Bitar has made the offer on behalf of the other celebrity players at Full Tilt as well. They are Howard Lederer, Andy Bloch, Phil Ivey, Chris Ferguson, John Juanda, Phil Gordon, Erick Lindgren, Erik Seidel, Jennifer Harman, Mike Matusow, Allen Cunningham, Gus Hansen and Patrik Antonius.
Therefore they continue to be named as defendants. One of the amendments filed by Clonie states that these defendants had superior knowledge of the working of Full Tilt Poker and therefore she had placed her trust in them and had relied on their statements. The added claims are legalese and one is not sure of exactly what they mean. But for the sake of complete reporting the new claims are for an accounting, promissory estoppel, specific performance, declaratory relief, right of publicity, quantum meruit and negligent misrepresentation.
The defendants added by Clonie are Pocket Kings Consulting and Tiltproof. Pocket Kings Consulting is a subsidiary of Tiltware LLC, the owner of the Full Tilt brand. Tiltproof organizes the customer support center for Full Tilt and processes its financial transactions.
Full Tilt can now reply to Clonie’s amended claim or file another motion to dismiss. The expert opinion is that the case will not be dismissed but move to the hearing stage when both parties will take depositions, ask written questions and request documents. The poker fans following this case can expect a long back and forth rally.