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15-1616 - FinansResurs LLC v. Evolution Gaming International LLC


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15-1616 - FinansResurs LLC v. Evolution Gaming International LLC
February 2, 2016
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MEMORANDUM OPINION AND ORDER - FinansResurs is seeking payment of a debt Evolution Gaming has already acknowledged it owes, but which it has refused to pay totaling the amount specified in the complaint and supporting documents. (Doc. 1 at 5-17; doc. 1-1; doc. 1-2). Furthermore, to the extent Evolution Gaming challenges the jurisdictional prerequisite of $75,000, the complaint expressly alleges the principal amount of the debt owed is $87,954.00. (Doc. 1 at 6, 9). Therefore, Evolution Gamings motion to dismiss or, in the alternative, motion for a more definite statement, (doc. 12), is DENIED. Evolution Gaming is DIRECTED to answer the complaint by April 1, 2016. Although counsel for Evolution Gaming may have violated Rule 11, the undersigned finds no indication of vexatious intention at this stage of the litigation. Accordingly, the undersigned declines to impose monetary or other sanctions, and the motion for sanctions, (doc. 15), is DENIED. Accordingly, the motion to withdraw, (doc. 15), must be DENIED at this time. However, the undersigned will grant a motion to withdraw upon receipt of a notice of appearance by other counsel. Evolution Gaming has thirty days (30) to inform the court of his efforts to obtain new counsel. Signed by Magistrate Judge John H England, III on 2/2/2016. (KEK)