Lindgren Lawsuit

8/9/2019 Lindgren Lawsuit

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Craig S. Denney QllVBar No.5232)SNELL&WILMERL.L.P.50 V/est LibertyStreet, Suite 510Reno, NV89501Telephone: (77 5) 785-5440Facsimile:(775) 785-5441

Email:[email protected] E. Gianelloni(NVBar No. 12747)SNELL&V/ILMERL.L.P.3883 HowardHughes Parkway, Suite 1100Las Vegas, NV89169Telephone: (702) 784-5200Facsimile:(702) 784-5252Email:[email protected]

Attorneysr Rational FTEnterprises Limited

UNITEDSTATES DISTRICTCOURTDISTRICTOF'NEVADA

Case No.ATIONALFT ENTERPRISESLIMITED,

Plaintiff

v,

ERICKALLENLINDGREN,

Defendant.

COMPLAINT

Plaintiff,RationalFT Enterprises Limited(a member of the Rational Group oCompanies, dlblaPokerStars) ("PokerStars")hereby submits this complaintagainst Erick All

Lindgren("Lindgren")and states as follows:

I. PARTIESl. PlaintiffPokerStars is a corporation that is incorporatedunder the laws of, an

registered in, the Isle of Man.PokerStars' principalplace of business is located at Douglas BaComplex,KingEdwardRoad, Onchan, Isle of ManIM3lDZ.

2. Defendant Lindgrenis an individualwitha principalresidence located at 1185Oakland HillsDr., Las Vegas, NV89141.

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Case 2:15-cv-00179-LDG-NJK Document 1 Filed 01/30/15 Page 1 of 6


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I l. Lindgrenrequested and received fromFullTiltPoker loan advances in thaggregate principalamount of $531,807, all ofwhich(and all interest thereon) remainoutstanding.

12. FullTiltPoker also requested the repayment of the principalof, and payment othe interest on, the loan advances, but Lindgrenhas persisted to wrongfullyretain the total such

loan advances and the erroneous deposit, whichis a total amount of $2,53 1,807.

13. On or around July 30, 2012, FullTiltPoker, the originalcreditor,assigned itentire right,title,and interest in its claimto PokerStars, as part of and pursuant to an asseforfeitureagreement withthe U,S. Department of Justice.

14. Subsequently, PokerStarsrenewed collectioneffortsagainst Lindgrenandemanded repayment of the loan advance.15. For example, onSeptember 2I,2072,PokerStars' attorney sent a letter and ema

to Lindgrendemanding repaymentof the loan advance, however, those collectionefforts wer

suspended in light ofthe subsequent bankruptcyproceeding filedby Lindgren.Attached hereto

as ExhibitB.

16. Indeed, Lindgrendoes not dispute the validityof the debt because LindgrenlisteFullTiltPoker in his originalbankruptcyschedules as a creditor thatwas owed $2.4 millionas

personal loan. Attachedhereto as ExhibitC,

17. PokerStars also flrleda proofof claimin the amount of $2,531,807 in MLindgren's bankruptcy.Attached heretoas ExhibitD.

18. That debt remains outstandingbecause the bankruptcy courttook no action witrespect to PokerStars' claim and it was not discharged in the bankruptcy proceeding.

19. Because the bankruptcyproceeding was concluded, PokerStarsis free to renew icollection activitiesand has sent, by its counsel, demand letters to the attorneys of record in th

bankruptcycase. Attachedhereto as ExhibitE.

2092965s

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20. To date, PokerStars and its counsel have not received any response to the requesfor payment, whichcaused PokerStars to filethis complaintin an effortto preserve its lega

rights.

2L As a result of the duplicate overpaymentand outstandingloans described aboveLindgrenreceived and wrongfullyretained a total of$2,531,807.

22. Therefore,PokerStars hereby requests that this Court orderLindgren timmediatelysubmit payment in the amount of $2,531,807.

COUNTONE

(Breach of Quasi- Contract)

23. Plaintiffrepeats

andrealleges the preceding Paragraphs as

iffullyset forthherein.

24. PokerStars has conferreda benefiton Lindgren-namely, PokerStars gave tLindgrenan overpayment of $2,000,000, and a loan advance in the principalamount of $531,807

25. Lindgrenhas appreciated that benefit because he has received the substantiaenrichment fromPokerStars and knowinglykept the funds.

26. Lindgrenhas accepted and retained the benefit because he has kept the funds anignored allattempts by PokerStars that requested payment of the funds.

27. Under thecircumstances, it wouldbe inequitableforLindgrento retain the fundwithoutpayment of the fullvalue thereof.

28. Consequently, PokerStars requests that the Court should orderLindgren toreturntotal of $2,531,807 to PokerStars.

COUNTTWO

(UnjustEnrichment)

29. Plaintiffrepeats and re-alleges the preceding Paragraphs as iffullyset forthherein30. PokerStars has conferred a benefiton Lindgren-namely, PokerStars gave tLindgrenan ove{paymentof $2,000,000, and, a loan advance in the principalamount o$531,807.

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31. Lindgrenhas appreciated that benefit because he has received the substantiaenrichment from PokerStars and knowinglykept the funds.

32. Lindgrenhas accepted and retained the benefit because he has kept the funds anignored all attempts by PokerStars thatrequested payment of the funds.

33. Under the circumstances, it wouldbe inequitableforLindgrento retain the fundand the principlesof equityand good conscience warrant that Lindgrenshould be required to pa

to PokerStars the fullamount that Lindgrenwas unjustlyenriched- $2,531,807.

34. Therefore, PokerStars requests that the Court should orderLindgrento returntotal of $2,531,807 to PokerStars.

COUNTTHREE(Conversion)

35. Plaintiffrepeats and realleges the preceding Paragraphs as if fullyset forthherein.36. Lindgrenhas wrongfullyexerted and performed distinctacts of dominionove

PokerStars' personal propertybecause Lindgrenhas wrongfullyretained the funds and refused a

requests for repayment.

37. Lindgren'sactions are inconsistentwithhis rightstherein because the funds arrightfullythe personal propertyof PokerStars.

38. Lindgren'scontinued possession of the funds is in defiance of PokerStars' rights ithe funds.

39. Therefore, PokerStars requests that the Court should orderLindgrento returntotal of $2,531,807 to PokerStars.

PRAYERFOR RELIEF

V/HEREFORE,PlaintiffPokerStars requests the Court enter judgmentand prays fothe followingrelief:

A. Require Defendant Lindgrento fullyrefund the erroneous ove{paymentin thamount of $2,000,000;

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B

C

Require DefendantLindgrento fullyrepay the loan advances in the amount o

531,807;

Awardingcompensatory and consequential damages, attorney's fees, interests an

costs associated withbringing thissuit.

DATED:January 30,2015

SNELL& L.L.P

By:S. Denney (NVBar No. 5232)

Street, Suite 5100

RenoTelephone: (77 5) 7 85-5440Facsimile:(77 5) 7 85-5441Email:[email protected]

Charles E. Gianelloni(NVBar No. 12747)3883 HowardHughes Parkway, Suite1100Las Vegas, NV89169Telephone: (702)784-5200Facsimile:(7 02) 7 84-5252Email: c [email protected]

AttorneysforRational FTEnterprises Limited

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Lindgren Lawsuit

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