03 March 2021Poker Gossip & Opinion

Mike Postle Files For Second Continuation, Todd Witteles Files Opposing Motion

Alleged poker cheat Mike Postle has filed a motion for a second continuation in his $330 million libel lawsuit against a dozen high-profile defendants, and one of those defendants, Todd Witteles, has immediately filed his own opposing motion seeking to deny the continuance request.

Postle’s lawsuit has stagnated since being announced and filed last October. The lawsuit appeared with much fanfare including his being represented by a Beverly Hills attorney and the promises of a documentary about the legal saga, which began with nearly 90 poker-player plaintiffs suing Postle and two other defendants over alleged cheating during dozens of live-streamed “Stones Live!” cash games. Postle was later dismissed from that lawsuit on a legal technicality, while the other two defendants -- Sacramento’s Stones Gambling Hall and Stones employee Justin Kuraitis -- paid a nominal settlement amount to resolve the original case.

The latest continuation request by Postle was filed on February 24, and it seeks to postpone the next hearing, currently scheduled for March 18.

According to the filing:

“The motion [for another continuance] will be made on the grounds that the plaintiff will be interviewing new counsel and needs guidance to answer the opposition. Additionally, the plaintiff has just retained an organization specializing in internet based First Amendment and defamation issues, substantial recovery remains to be completed, and the Plaintiff is unable to adequately prepare in the time remaining.”

Postle’s filing appears highly professional in its construction, despite his official current stance as a self-representing (pro se) litigant. The filing’s polish is reminiscent of documents created by Sacramento attorney William Portanova on Postle’s behalf in the earlier alleged-cheating case, though Portanova is unlikely to be involved with this latest filing.

Professional polish aside, however, the countering filing by Witteles rips Postle’s filing for being a continuation of playing the victim rather than seeking to actually litigate the claims. The filing’s introduction from Witteles’ counsel Eric Bensamochan asserts major issues with Postle’s case and continuing delaying requests:

“Having accomplished his goal of generating headlines as the ‘victim’ of a variety of well-known defendants, it is clear that Plaintiff Michael Postle has no interest in actually defending his frivolous claims. In fact, not a single defendant, corporate or individual, has even been served with the complaint.”

The filing noted that Witteles acted proactively to defend himself against the SLAPP-style (Strategic Lawsuit Against Public Participation) lawsuit.

Witteles’ response also asserts that Postle has had three months to find new counsel since his original attorney, Steven T. Lowe, filed and was granted his own motion to be removed as Postle’s attorney. Lowe asserted that Postle had ceased to communicate with him and had breached the terms of his agreement with his own counsel. Witteles’ opposition to Postle’s second continuation request notes:

“...Plaintiff has not gotten around to hiring an attorney despite ample time to do so.”

Witteles’ counsel also noted that the filing asks for the March 18 hearing to be cancelled without even proposing a replacement date.

Postle filed his $330 million defamation claim just three weeks after that settlement, but except for one defendant, original lead plaintiff and accuser Veronica Brill, Postle’s return lawsuit targeted high-profile and/or presumably deep-pocketed media and internet outlets and personalities that offered commentary on the cheating allegations. Defendants besides Witteles and Brill include ESPN, PokerNews, and numerous high-stakes pros who also run online poker-related businesses.

If you missed anything connected to the case over the past year, our extensive coverage of the Postlegate scandal can be viewed below:

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