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Case 1:21-cv-20148-CPO-SAK Document 29 Filed 10/24/22 Page 1 of 3 PageID: 430
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`
`
`James E. Cecchi
`Lindsey H. Taylor
`CARELLA, BYRNE, CECCHI,
`OLSTEIN, BRODY & AGNELLO, P.C.
`5 Becker Farm Road
`Roseland, New Jersey 07068
`(973) 994-1700
`Attorney for Defendant
`DRAFTKINGS INC.
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`BETEIRO, LLC,
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`Plaintiff,
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`DRAFTKINGS INC.,
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`v.
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`Civil Action No. 21-20148(CPO)(SAK)
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`DRAFTKINGS’ RESPONSE IN
`OPPOSITION TO MOTION FOR
`RECONSIDERATION AND
`NOTICE OF JOINDER
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`Defendant.
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`
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`To: All Persons On ECF Service List
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`
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`PLEASE TAKE NOTICE that DraftKings, Inc. (“DraftKings”) opposes Plaintiff’s motion
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`for reconsideration dated October 5, 2022 (ECF 28), seeking reconsideration of this Court’s Order
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`(ECF 25), which was based, in part, on the Opinion attached hereto as Exhibit 1 (Beteiro LLC v.
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`BETMGM, LLC, 21-cv-20156, ECF 27 (Sept. 6, 2022)). In an effort to reduce the volume of
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`briefing before the Court, DraftKings joins in and incorporates BetMGM’s Response in Opposition
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`to Beteiro’s Motion for Reconsideration, as filed in Civil Action No. 21-20156 (ECF 33) on
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`October 24, 2022 (“BetMGM’s Response”).1 For all of the reasons stated in BetMGM’s Response,
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`DraftKings notes that the Court’s Opinion (attached as Exhibit 1) refers to Beteiro’s
`1
`Amended Complaint (ECF No. 5) in Beteiro v. BetMGM, 21-cv-20156 (“BetMGM Matter”)
`case. The referenced paragraphs of the Amended Complaint in the BetMGM Matter are
`identical to the corresponding paragraphs in the Complaint filed in the above-captioned matter,
`offset by two paragraph numbers. For example, paragraphs 14 and 30-33 of the Complaint in the
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`
`
`

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`Case 1:21-cv-20148-CPO-SAK Document 29 Filed 10/24/22 Page 2 of 3 PageID: 431
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`Plaintiff’s motion fails to provide a basis for altering or amending the judgment pursuant to Fed.
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`R. Civ. P. 59(e) and further fails to provide a basis for reconsideration that satisfies Fed. R. Civ.
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`P. 60(b).
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`Dated: October 24, 2022
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`CARELLA, BYRNE, CECCHI,
`OLSTEIN, BRODY & AGNELLO
`Attorneys for Defendant
`
`By:
`
`
`/s/ Lindsey H. Taylor
`LINDSEY H. TAYLOR
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`above-captioned matter correspond to paragraphs 16 and 32-35, respectively, in the Amended
`Complaint in the BetMGM Matter.
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`2
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`

`

`Case 1:21-cv-20148-CPO-SAK Document 29 Filed 10/24/22 Page 3 of 3 PageID: 432
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`
`
`G. Hopkins Guy, III
`
`BAKER BOTTS L.L.P.
`1001 Page Mill Road, Suite 200
`Palo Alto, CA 94304-1007
`
`hop.guy@bakerbotts.com
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`PRO HAC VICE ATTORNEY INFORMATION:
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`Name:
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`Address:
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`Email:
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`Name:
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`Address:
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`Email:
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`Name:
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`Address:
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`Email:
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`Name:
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`Address:
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`
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`Email:
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`Jamie R. Lynn
`
`BAKER BOTTS L.L.P.
`700 K Street, N.W.
`Washington, DC 20001
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`jamie.lynn@bakerbotts.com
`
`Robert L. Maier
`
`BAKER BOTTS L.L.P.
`30 Rockefeller Plaza
`New York, NY 10112
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`robert.maier@bakerbotts.com
`
`Clarke Stavinoha
`
`BAKER BOTTS L.L.P.
`2001 Ross Avenue, Suite 900
`Dallas, TX 75201-2980
`
`Clarke.stavinoha@bakerbotts.com
`
`
`
`
`3
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`

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