On April 24, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Harris, Shane,
Scanlon, Melissa,
and
Draftkings,
for Torts
in the District Court of Suffolk County.
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wlorr
\)
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT
~238+EV03402-
JA S4CVOIDA4
MELISSA SCANLON AND
SHANE HARRIS, on Behalf of
Themselves and All Others Similarly
ie THe
FILED
Situated,
FOR THE COUNTY As Rion BEX
Plaintiff, SUFFOLK SUPHRIOR QRRBATZ 1] 2026
CIVIL CLERH'S OFFICE
Lasgyom
FIL
Vv.
APR 2
DRAFTKINGS INC.,
JOHN E. POWERS, Ill
ACTING CLERK MAGISTRATE
Defendant.
DEFENDANT’S MOTION TO TRANSFER TO THE BUSINESS LITIGATION
SESSION OF THE MASSACHUSETTS SUPERIOR COURT
Defendant DraftKings Inc. (“DraftKings”) moves to transfer this action to the Business
Litigation Session of the Superior Court (“BLS”) pursuant to Superior Court Administrative
Directive 17-1.
As described in the Memorandum of Law accompanying this Motion, this putative class
action lawsuit fits squarely within three categories of cases that the BLS hears: the Plaintiffs allege
claims involving (1) violation of trade regulation laws, including class actions, (2) unfair trade
practices, and (3) potentially complex issues that require close case management. This case
involves legal and factual issues requiring close case management and is precisely the type of case
that the BLS was designed to hear. See Administrative Directive 17-1. Cases like this benefit
of He BLS & Tether
from the case management process available in the BLS and subject matter ¢ X]
afo6f24. Ht will oftumelel, be the decrsisn
thes cafe ty trams cred flare lex Mid der (on / bt 1 wll
icler thes mchm ty the BLS for deve ober
ZZEEF—
1
familiarity with the record developed vy a single judge. Moreover, venue properly ties in Suffolk
County.
WHEREFORE, for these reasons and the reasons set forth in the accompanying
Memorandum of Law, DraftKings respectfully requests that this case be transferred to the BLS.
Respectfully Submitted,
DRAFTKINGS INC.
By its attorneys:
Willfam F, Lee (B No. 291960)
Andrew Scott Dulberg (BBO No. 6754050)
Andy O’Laughlin (BBO No. 691836)
Carrie Patterson (BBO No. 713528)
WILMER CUTLER PICKERING
HALE AND DorR LLP
60 State Street
Boston, MA 02109
Tel: 617-526-6000
William.Lee@wilmerhale.com
Andrew.Dulberg@wilmerhale.com
Andy.OLaughlin@wilmerhale.com
Carrie.Patterson@wilmerhale.com
Se
Rees Morgan (pro hac vice filed)
COBLENTZ PATCH DuFFY & Bass LLP
1 Montgomery Street, Suite 3000
San Francisco, CA 94104
Tel: (415) 391-4800
ef-rrp@cpdb.com
ef-rfm@cpdb.com
Dated: January 16, 2024
4 CERTIFICATE OF SERVICE
Thereby certify that on January 16, 2024, a true copy of the foregoing was served upon
counsel for Plaintiffs electronically and by first class mail.
3
DOCKET NUMBER Trial Court of Massachusetts
CLERK'S NOTICE The Superior Court
2381CV03402
CASE NAME:
Scanlon, Melissa et al vs. Draftkings, Inc. Michael A. Sullivan, Clerk of Court
Middlesex County
COURT NAME & ADDRESS
File Copy Middlesex County Superior Court - Woburn
200 Trade Center
Woburn, MA 01801
You are hereby notified that on 02/28/2024 the following entry was made on the
above referenced docket:
Endorsement on Motion to Transfer to the Business Litigation Session of the Massachusetts Superior
Court (#9.0): Other action taken
2126/24
It will ultimately be the decision of the BLS whether this case is transferred there from Middlesex
County, but | will refer this motion to the BLS for its decision.
So Ordered.
DATE ISSUED ASSOCIATE JUSTICE/ ASSISTANT CLERK SESSION PHONE#
Hon. Christopher K Barry-Smith (781)939-2745
02/28/2024
‘SCROVE 02/2023,
Date/Time Printed: 02-28-2024 06:14:04
Document Filed Date
April 24, 2024
Case Filing Date
April 24, 2024
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wlorr \) COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT ~238+EV03402- JA S4CVOIDA4 MELISSA SCANLON AND SHANE HARRIS, on Behalf of Themselves and All Others Similarly ie THe FILED Situated, FOR THE COUNTY As Rion BEX Plaintiff, SUFFOLK SUPHRIOR QRRBATZ 1] 2026 CIVIL CLERH'S OFFICE Lasgyom FIL Vv. APR 2 DRAFTKINGS INC., JOHN E. POWERS, Ill ACTING CLERK MAGISTRATE Defendant. DEFENDANT’S MOTION TO TRANSFER TO THE BUSINESS LITIGATION SESSION OF THE MASSACHUSETTS SUPERIOR COURT Defendant DraftKings Inc. (“DraftKings”) moves to transfer this action to the Business Litigation Session of the Superior Court (“BLS”) pursuant to Superior Court Administrative Directive 17-1. As described in the Memorandum of Law accompanying this Motion, this putative class action lawsuit fits squarely within three categories of cases that the BLS hears: the Plaintiffs allege claims involving (1) violation of trade regulation laws, including class actions, (2) unfair trade practices, and (3) potentially complex issues that require close case management. This case involves legal and factual issues requiring close case management and is precisely the type of case that the BLS was designed to hear. See Administrative Directive 17-1. Cases like this benefit of He BLS & Tether from the case management process available in the BLS and subject matter ¢ X] afo6f24. Ht will oftumelel, be the decrsisn thes cafe ty trams cred flare lex Mid der (on / bt 1 wll icler thes mchm ty the BLS for deve ober ZZEEF— 1 familiarity with the record developed vy a single judge. Moreover, venue properly ties in Suffolk County. WHEREFORE, for these reasons and the reasons set forth in the accompanying Memorandum of Law, DraftKings respectfully requests that this case be transferred to the BLS. Respectfully Submitted, DRAFTKINGS INC. By its attorneys: Willfam F, Lee (B No. 291960) Andrew Scott Dulberg (BBO No. 6754050) Andy O’Laughlin (BBO No. 691836) Carrie Patterson (BBO No. 713528) WILMER CUTLER PICKERING HALE AND DorR LLP 60 State Street Boston, MA 02109 Tel: 617-526-6000 William.Lee@wilmerhale.com Andrew.Dulberg@wilmerhale.com Andy.OLaughlin@wilmerhale.com Carrie.Patterson@wilmerhale.com Se Rees Morgan (pro hac vice filed) COBLENTZ PATCH DuFFY & Bass LLP 1 Montgomery Street, Suite 3000 San Francisco, CA 94104 Tel: (415) 391-4800 ef-rrp@cpdb.com ef-rfm@cpdb.com Dated: January 16, 2024 4 CERTIFICATE OF SERVICE Thereby certify that on January 16, 2024, a true copy of the foregoing was served upon counsel for Plaintiffs electronically and by first class mail. 3 DOCKET NUMBER Trial Court of Massachusetts CLERK'S NOTICE The Superior Court 2381CV03402 CASE NAME: Scanlon, Melissa et al vs. Draftkings, Inc. Michael A. Sullivan, Clerk of Court Middlesex County COURT NAME & ADDRESS File Copy Middlesex County Superior Court - Woburn 200 Trade Center Woburn, MA 01801 You are hereby notified that on 02/28/2024 the following entry was made on the above referenced docket: Endorsement on Motion to Transfer to the Business Litigation Session of the Massachusetts Superior Court (#9.0): Other action taken 2126/24 It will ultimately be the decision of the BLS whether this case is transferred there from Middlesex County, but | will refer this motion to the BLS for its decision. So Ordered. DATE ISSUED ASSOCIATE JUSTICE/ ASSISTANT CLERK SESSION PHONE# Hon. Christopher K Barry-Smith (781)939-2745 02/28/2024 ‘SCROVE 02/2023, Date/Time Printed: 02-28-2024 06:14:04