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Thread: I'm being sued by Mike Postle, as are ESPN, Doug Polk, Joey Ingram, Bart Hanson, Phil Galfond, Matt Berkey, Daniel Negreanu, Jonathan Little, Veronica Brill, Haralabob, and Pokernews

  1. #261
    Owner Dan Druff's Avatar
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    You guys are making too much of the attorney's fees thing. It is very standard for a court to only award a percentage of requested fees. It's also important to remember that some of these fees were related to the repeated delays requested by Postle, and that we also proposed early on to be dropped out of the case (while agreeing to waive all fees in return), and he refused. We did everything we could to get this done quickly and minimize the fees.

    I am now very curious to see what they do about Veronica's request next week, as her fees (for a very similar case & motion) were something like $78,000.

    It is not official until tomorrow, when the actual hearing takes place. However, the PDF Eric posted is from the judge herself, so it's unlikely she will deviate much from it at this point.

    This is looking pretty much over (aside from the collection process), and I thank Eric for his excellent work on the matter.

     
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  2. #262
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    Quote Originally Posted by Dan Druff View Post
    You guys are making too much of the attorney's fees thing. It is very standard for a court to only award a percentage of requested fees. It's also important to remember that some of these fees were related to the repeated delays requested by Postle, and that we also proposed early on to be dropped out of the case (while agreeing to waive all fees in return), and he refused. We did everything we could to get this done quickly and minimize the fees.

    I am now very curious to see what they do about Veronica's request next week, as her fees (for a very similar case & motion) were something like $78,000.

    It is not official until tomorrow, when the actual hearing takes place. However, the PDF Eric posted is from the judge herself, so it's unlikely she will deviate much from it at this point.

    This is looking pretty much over (aside from the collection process), and I thank Eric for his excellent work on the matter.

    You are probably right about the attorneys fees and making too much out of it but it is a curiosity as I do not really understand the legal framework, however, based on the PDF it does seem hostile towards the defence and lawyer representing ( Eric ), is this standard ?

    Now this is coming to an end what have you achieved above and beyond what everyone who did nothing achieved ? On the face of it it seems that you have occurred additional costs compared to those who did not aggressively attack this with no upside , what were the benefits in the pro active approach that you took ?

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    Platinum FRANKRIZZO's Avatar
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    Quote Originally Posted by Dan Druff View Post
    You guys are making too much of the attorney's fees thing. It is very standard for a court to only award a percentage of requested fees. It's also important to remember that some of these fees were related to the repeated delays requested by Postle, and that we also proposed early on to be dropped out of the case (while agreeing to waive all fees in return), and he refused. We did everything we could to get this done quickly and minimize the fees.

    I am now very curious to see what they do about Veronica's request next week, as her fees (for a very similar case & motion) were something like $78,000.

    It is not official until tomorrow, when the actual hearing takes place. However, the PDF Eric posted is from the judge herself, so it's unlikely she will deviate much from it at this point.

    This is looking pretty much over (aside from the collection process), and I thank Eric for his excellent work on the matter.
    Are you paying Eric 30k ? Doubt he has moneys for atty fees.

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    Quote Originally Posted by FRANKRIZZO View Post
    Quote Originally Posted by Dan Druff View Post
    You guys are making too much of the attorney's fees thing. It is very standard for a court to only award a percentage of requested fees. It's also important to remember that some of these fees were related to the repeated delays requested by Postle, and that we also proposed early on to be dropped out of the case (while agreeing to waive all fees in return), and he refused. We did everything we could to get this done quickly and minimize the fees.

    I am now very curious to see what they do about Veronica's request next week, as her fees (for a very similar case & motion) were something like $78,000.

    It is not official until tomorrow, when the actual hearing takes place. However, the PDF Eric posted is from the judge herself, so it's unlikely she will deviate much from it at this point.

    This is looking pretty much over (aside from the collection process), and I thank Eric for his excellent work on the matter.
    Are you paying Eric 30k ? Doubt he has moneys for atty fees.
    Obv he's doing it pro boner I mean bono

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    Owner Dan Druff's Avatar
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    Quote Originally Posted by nutty007 View Post
    Quote Originally Posted by Dan Druff View Post
    You guys are making too much of the attorney's fees thing. It is very standard for a court to only award a percentage of requested fees. It's also important to remember that some of these fees were related to the repeated delays requested by Postle, and that we also proposed early on to be dropped out of the case (while agreeing to waive all fees in return), and he refused. We did everything we could to get this done quickly and minimize the fees.

    I am now very curious to see what they do about Veronica's request next week, as her fees (for a very similar case & motion) were something like $78,000.

    It is not official until tomorrow, when the actual hearing takes place. However, the PDF Eric posted is from the judge herself, so it's unlikely she will deviate much from it at this point.

    This is looking pretty much over (aside from the collection process), and I thank Eric for his excellent work on the matter.

    You are probably right about the attorneys fees and making too much out of it but it is a curiosity as I do not really understand the legal framework, however, based on the PDF it does seem hostile towards the defence and lawyer representing ( Eric ), is this standard ?

    Now this is coming to an end what have you achieved above and beyond what everyone who did nothing achieved ? On the face of it it seems that you have occurred additional costs compared to those who did not aggressively attack this with no upside , what were the benefits in the pro active approach that you took ?
    The court wasn't hostile toward Eric. They were making matter-of-fact statements that they felt some of the charges were excessive. This is very standard language. The court isn't interested in being polite -- just very straightforward and clear regarding whether they think a claim is valid or not. The judge basically looks at the work done, ballparks in his/her head what it should really costs, and awards accordingly. It's not too different from when someone sues for some kind of damages and gets a partial award. It's also important to note that Eric charged only a little bit more than half of what Randazza did, so obviously he wasn't pumping up the bill. Much of this could have been a lot cheaper if Postle just answered the anti-SLAPP at the beginning and showed up at the hearing for it. We did everything we could to bring the charges down, and the record shows it.

    Regarding your other question as to why I aggressively responded, I decided that I wanted to get out of this frivolous (but very large) suit as soon as possible, and be done. As you noticed, I wasn't interested in bringing it to discovery or turning it into a spectacle. I wanted it to be done ASAP, and put it out of my head. There are also implications to being named in a $330 million lawsuit, whereas any time I get a loan for any reason, this has to be disclosed, and can affect whether I get the loan. You just don't want this sort of thing hanging over you, especially when you know it's frivolous, and the intention seemed to involve filing it and just letting it sit without serving anyone. I don't tolerate that bullshit. I'm going to act quickly and make the other side answer to what they're doing.

    Most importantly, I was never a major player in this entire situation, and Postle's public image would have turned out the same whether or not I commented on it. I was just one of thousands of people commenting on the matter -- a story which was probably in the top 3 of all time in poker. The story blew up on social media for several days before I even said a word about it. I shouldn't have been part of this suit, regardless of how much Postle felt he was wronged by the community. We gave him a chance to realize this and to drop it, in exchange for eating the fees I had spent fighting it up to that point -- and he refused.

    I guess you can say that the other 10 defendants got the benefit of the work put in by Eric Bensamochan and Marc Randazza. So be it.

  6. #266
    Diamond dwai's Avatar
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    look I don't know what kind of operation this guy is running but I'm pretty sure neither of you even had to step into a courtroom this whole time, 50k worth of paper filing?

    and the way Druff has come out swinging it kinda looks like they tried to angle for more money out of the (uncollectable) Mike postle

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    Quote Originally Posted by Dan Druff View Post
    Quote Originally Posted by nutty007 View Post


    You are probably right about the attorneys fees and making too much out of it but it is a curiosity as I do not really understand the legal framework, however, based on the PDF it does seem hostile towards the defence and lawyer representing ( Eric ), is this standard ?

    Now this is coming to an end what have you achieved above and beyond what everyone who did nothing achieved ? On the face of it it seems that you have occurred additional costs compared to those who did not aggressively attack this with no upside , what were the benefits in the pro active approach that you took ?
    The court wasn't hostile toward Eric. They were making matter-of-fact statements that they felt some of the charges were excessive. This is very standard language. The court isn't interested in being polite -- just very straightforward and clear regarding whether they think a claim is valid or not. The judge basically looks at the work done, ballparks in his/her head what it should really costs, and awards accordingly. It's not too different from when someone sues for some kind of damages and gets a partial award. It's also important to note that Eric charged only a little bit more than half of what Randazza did, so obviously he wasn't pumping up the bill. Much of this could have been a lot cheaper if Postle just answered the anti-SLAPP at the beginning and showed up at the hearing for it. We did everything we could to bring the charges down, and the record shows it.

    Regarding your other question as to why I aggressively responded, I decided that I wanted to get out of this frivolous (but very large) suit as soon as possible, and be done. As you noticed, I wasn't interested in bringing it to discovery or turning it into a spectacle. I wanted it to be done ASAP, and put it out of my head. There are also implications to being named in a $330 million lawsuit, whereas any time I get a loan for any reason, this has to be disclosed, and can affect whether I get the loan. You just don't want this sort of thing hanging over you, especially when you know it's frivolous, and the intention seemed to involve filing it and just letting it sit without serving anyone. I don't tolerate that bullshit. I'm going to act quickly and make the other side answer to what they're doing.

    Most importantly, I was never a major player in this entire situation, and Postle's public image would have turned out the same whether or not I commented on it. I was just one of thousands of people commenting on the matter -- a story which was probably in the top 3 of all time in poker. The story blew up on social media for several days before I even said a word about it. I shouldn't have been part of this suit, regardless of how much Postle felt he was wronged by the community. We gave him a chance to realize this and to drop it, in exchange for eating the fees I had spent fighting it up to that point -- and he refused.

    I guess you can say that the other 10 defendants got the benefit of the work put in by Eric Bensamochan and Marc Randazza. So be it.
    Thanks for the detailed response, it does make sense , final question though that I have.. now that this is coming to an end and you have been awarded an amount how do you go about actually receiving this amount? If for example Postle works a 'normal' job or binks a large amount in a tournament do you apply an attachment of earnings to his income and as such you receive a percentage of his windfall or wages ? Will your claim work in a similar way to the claim against Phil Ivey where he entered tournaments and then had his winnings frozen or do you have to apply a different method to collect ?

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    Owner Dan Druff's Avatar
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    Quote Originally Posted by dwai View Post
    look I don't know what kind of operation this guy is running but I'm pretty sure neither of you even had to step into a courtroom this whole time, 50k worth of paper filing?

    and the way Druff has come out swinging it kinda looks like they tried to angle for more money out of the (uncollectable) Mike postle


    If we were angling for money, we wouldn't have made an attempt right at the beginning for him to get out for zero point zero.

    We also kept pushing for the quickest and cheapest resolution to the matter, the entire way.

    I didn't ask to be part of this shit.

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    Diamond dwai's Avatar
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    Quote Originally Posted by Dan Druff View Post
    Quote Originally Posted by dwai View Post
    look I don't know what kind of operation this guy is running but I'm pretty sure neither of you even had to step into a courtroom this whole time, 50k worth of paper filing?

    and the way Druff has come out swinging it kinda looks like they tried to angle for more money out of the (uncollectable) Mike postle


    If we were angling for money, we wouldn't have made an attempt right at the beginning for him to get out for zero point zero.

    We also kept pushing for the quickest and cheapest resolution to the matter, the entire way.

    I didn't ask to be part of this shit.
    very good point I stand corrected

     
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      shoeshine box: takes a man to say that Dwai..right on. Druff wrong guy to haul into frivolous BS. Ben the man..If I need a lawyer again I call Mr S.

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    Owner Dan Druff's Avatar
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    The hearing was just now.

    It was basically just to give Postle and Eric to object to the preliminary ruling on the attorney's fees, if they saw fit. Eric did not object and said that while he was disappointed, he accepted the reduction and wouldn't challenge it.

    Postle attempted to state that I didn't have the right to hire an attorney and incur the billing for an anti-SLAPP because he hadn't served anyone yet. The judge shot that down, stating that I was well within my rights to hire an attorney to prepare the anti-SLAPP motion, since he actually filed the lawsuit. While many people wait to be served before taking action, that's not a requirement. As soon as you're named in as a defendant a filed court case, it is reasonable to retain counsel, which I did.

    Postle attempted to state that, even with the reduction, the fees were unreasonable, and claimed to have consulted "attorneys" about the matter, but didn't provide evidence of that.

    He did say that "one of opposing counsel doxxed me", but it was presumably referring to Randazza (Veronica's lawyer), who posted a court document on Twitter at one point which had Postle's address on it. However, this doesn't really qualify as doxxing, because it was an official court document related to one of Randazza's clients. Some attorneys will redact info like that, but if one of the parties lists his own address on the documents as Postle did, I think there's nothing he can do.

    The judge stopped Postle at that point and said that this hearing was only about the fee award, so his statements weren't relevant to what we were doing here. (I also don't understand why he was complaining about Randazza at our hearing! He can do that next week at Veronica's.)

    When it was all done, the fee amount was affirmed, and did not change from yesterday.

    I now have a judgment of $26,982 against Mike Postle, which is $26,547 of attorney's fees, and $435 of court costs.

    This was not a fun experience for me, and I'm glad it's over. However, I'm glad I had an excellent attorney representing me, whose recommendations were all spot on, and his work was thorough and well reasoned. I couldn't be happier with how Eric handled this case.

     
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      dwai: owned
      
      Matt The Rat: Justice prevails
      
      Shizzmoney: Freeroll atttorneys fees rep
      
      rum dick: Well lookie there, a fair ruling. Good job!

  11. #271
    Owner Dan Druff's Avatar
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    You can watch the hearing, recorded by the court, at the 24 minute mark. Note that this video may go down at any point, so watch quickly! This is from the court's own YouTube:


     
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      BCR: Postle really thought he was getting in a burn with the egregious. Judge clearly didn’t agree. What an idiot.

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    Quote Originally Posted by Dan Druff View Post
    You can watch the hearing, recorded by the court, at the 24 minute mark. Note that this video may go down at any point, so watch quickly! This is from the court's own YouTube:

    Wow.. just amazing. I understand why now a man who is his own lawyer has a fool or a client. Also, A real comedy session by the judge and Randazza in attempting to properly pronounce the parties in the case.. Bezzamoin??

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    Quote Originally Posted by Dan Druff View Post
    You can watch the hearing, recorded by the court, at the 24 minute mark. Note that this video may go down at any point, so watch quickly! This is from the court's own YouTube:

    rofl @ the guy mispronounced both your names

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    Quote Originally Posted by Dan Druff View Post
    You can watch the hearing, recorded by the court, at the 24 minute mark. Note that this video may go down at any point, so watch quickly! This is from the court's own YouTube:

    lol Mike you fucking tool no one is making death threats against your daughter
    Mike Postle you fucking cheating ass bitch

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    Quote Originally Posted by BartHanson View Post
    Quote Originally Posted by Dan Druff View Post
    You can watch the hearing, recorded by the court, at the 24 minute mark. Note that this video may go down at any point, so watch quickly! This is from the court's own YouTube:

    Wow.. just amazing. I understand why now a man who is his own lawyer has a fool or a client. Also, A real comedy session by the judge and Randazza in attempting to properly pronounce the parties in the case.. Bezzamoin??

    Lol at Postle pleading his case. They are calling me a cheater! My daughters have been threatened! Judge could tell his a lunatic.

    Great Job Benssmokin

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    Thank you for the kind words. It was my pleasure to step in and help my friend Todd. I am truly glad with the outcome. Now, the actual hard part, is collecting.

     
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      rum dick: Good lawyer
      
      MumblesBadly: Trying to collect is likely to be brutal

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    Postle lives in a perpetual state of Denial. He’s so dug in I think he almost believes his own horseshit. Continuing to use his daughter as a human shield is just fucking sad to see. If his daughter was receiving credible death threats they would be posted somewhere. Glad the judge absolutely shit on him. She actually could have been harsher for wasting the court’s time with that monologue of nonsense. Great job by Ben-Som-A-Kin.

    Postle forgot to bring up his struggle with blood clots from winning so much on Ultimate Bet.
    Last edited by JeffDime; 05-12-2021 at 03:42 PM.

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    Thanks for the updates, that video zoom really is an eye opener and to see Mike squirm so much and try to garner sympathy from the judge was hilarious, what we have witnessed is the further demise of someone who will not accept that he is a cheat who got caught and yet still crys the victim.

    Anyway i'm glad it is over for you and I'm certain Mike has also learnt a painful valuable lesson . How do you now go about collecting your money, can you put things in place that means whenever he works a job and automatic deduction is made from his pay ? If not who do you expect to proceed ?

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    Owner Dan Druff's Avatar
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    Quote Originally Posted by nutty007 View Post
    Thanks for the updates, that video zoom really is an eye opener and to see Mike squirm so much and try to garner sympathy from the judge was hilarious, what we have witnessed is the further demise of someone who will not accept that he is a cheat who got caught and yet still crys the victim.

    Anyway i'm glad it is over for you and I'm certain Mike has also learnt a painful valuable lesson . How do you now go about collecting your money, can you put things in place that means whenever he works a job and automatic deduction is made from his pay ? If not who do you expect to proceed ?
    I believe the judgment lasts 10 years, and we can renew it at that point.

    It will likely not be an easy process to recover this money, but in situations like these, the most aggressive collectors win. We will be aggressive collectors, and will look for every opportunity to get this money, even if it takes years.

    This is Mike's own fault. He dragged me into it, despite never having met me, and despite my part in the whole thing being very minimal. Then he wouldn't let me out when we let him know that we were going to aggressively defend it. He had the chance to drop me from it (while retaining the case against everyone else), and he refused. Had he agreed to this, he would owe me nothing, and this would have been over last year -- at least involving me.

    If you sue someone for defamation in California, this is always the chance you take, so you better be sure your case is very strong. His was not, and here we are.

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    Owner Dan Druff's Avatar
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    On a side note, of course Mason had to get a jab against PFA in his post today about the matter:

    Quote Originally Posted by Mason Malmuth
    An interesting side issue for me is that when we had our Dutch Boyd lawsuit many of the posters on the Witteles forum were quick to point out that we would never collect a penny. Fortunately, we were able to collect.

    Now I wonder if the shoe is on the other foot. In his testimony, assuming I'm remembering it correctly, Postle said that he's unable to work because of all the negative statements made about him. If that's the case, it seems to me that it'll be extremely difficult for anyone to collect anything from him.

    Perhaps some of the attorneys in this thread could comment.

    Best wishes,
    Mason
    https://forumserver.twoplustwo.com/s...ostcount=12793


    Mason has such a hard time reading my name on 2+2 without saying something negative about me or PFA. What a douche.

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