Nebraska Court finds VKGS has taken inconsistent positions in Planet Bingo lawsuit

PALM DESERT, California -- (PRESS RELEASE) -- Planet Bingo, LLC previously issued a press release commenting on decisions made in litigation involving Planet Bingo and VKGS, LLC, d/b/a Video King. On October 27, 2014, District Court Judge Dougherty issued his order on motions to strike and/or to dismiss brought by VKGS, LLC and the Nogales parties. In denying the VKGS, Nogales Investors, VK Holdings, Inc. and Nogales Investors Fund I, LP motions, Judge Dougherty made the following comments:

"In denying the Plaintiffs' Motion to Strike and Dismiss, the Court considered the clearly inconsistent position that the Plaintiff (VKGS) had earlier strongly asserted to this Court in defense to the Defendants' Motion to Dismiss filed in the very early stages of these proceedings."

It was determined that VKGS had taken the exact opposite position in one set of filings in the state of Nebraska as opposed to what it filed in the state of Michigan. It was, in part, on this basis that the Judge denied the VKGS and Nogales motions and ordered VKGS and the Nogales parties to file responsive pleadings to the claims that had been filed by Planet Bingo and Melange. A copy of the nine-page October 27, 2014 decision is available on request.

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