Phil Ivey’s legal dispute with the Borgata Hotel Casino and Spa is now working to a legal timetable.
Last week representatives of the parties involved appeared in Camden New Jersey for a Scheduling Conference, the results of which have determined deadlines for future proceedings.
The key dates as ordered by the court are as follows:
- Agree on digital discovery matters by August 29, 2014
- Initial discovery requests served by September 30, 2014
- Telephone status conference on November 10, 2014
- File amended pleadings and motions by November 28, 2014
- All pretrial discovery concluded by March 31, 2015
- All expert reports for defendants due by April 30, 2015
- Deposition of expert witnesses concluded by June 30, 2015
- Dispositive motions filed by July 31, 2015
The court also ordered the Borgata to file a RICO Case Statement within the next 30 days to substantiate its claims that Ivey’s and Sun’s actions violated RICO statutes.
Last month, the Borgata responded to Phil Ivey’s motion to dismiss the $9.6 million lawsuit claiming that Ivey cheated at the Baccarat tables. They refuted Ivey’s claim that the relevant statute of limitations had expired.
Should the parties not agree an out of court settlement, the case is likely to go to trial by jury.
The casino alleges that the “edge sorting” technique used by Ivey constituted cheating.
Ivey played Baccarat at the casino accompanied by Cheng Yin Sun, who is alleged to be an expert at identifying errors in the design of playing cards.
By asking the casino to rotate specific cards 180 degrees, and use an automatic card shuffler, Ivey is alleged to have obtained an edge on the casino which enabled him to make massive profits from the game.
He has previously acknowledged that he used the technique after a dispute with Crockfords Casino in London, where he played Punto Banco—a game similar to Baccarat—and won £7.8 million.
Ivey argues that his use of the technique at the Borgata did not legally count as cheating, and that he has done nothing wrong.
Cheng Yin Sun v Foxwoods
Ivey’s alleged partner during the Crockfords and Borgata incidents, Cheng Yin Sun, has now filed a case against the Mashantucket Pequot Gaming Enterprise, owner of Foxwoods Casino in Connecticut.
She is demanding $3 million plus punitive damages after the casino refused to pay her and two co-plaintiffs $1.148 million in winnings they had accumulated at the tables using the edge sorting technique in 2011.
The casino also refused to return $1.6 million in “front money deposits” that the plaintiffs used to gamble.
Sun contends that the casino was aware of her reputation throughout casino surveillance networks as “Queen of Sorts” before inviting her to play on the date in question.
The complaint contends that Foxwoods would have kept the money if the players lost, but intended to “cheat the plaintiffs out of $1.6 million”—essentially “freerolling” the plaintiffs—by contesting the win and confiscating the deposited funds.