WSGC Seeks to Strike Betcha.com's Motion for Summary Judgment

The legal battle continues between Betcha.com (Betcha) and the Washington State Gambling Commission (WSGC), as the WSGC on Aug. 28 moved to strike Betcha's motion for summary judgment scheduled to be heard Sept. 21.

According to court documents, the WSGC, via Washington Attorney General Robert M. McKenna, solicited Thurston County Superior Court to strike the motion and order that a status conference be held to set a case schedule.

The WSGC argued that between Aug. 28 and Sept. 21, adequate time does not exist to conduct discovery "that is necessary to meaningfully respond to Betcha.com's motion for summary judgment."

"As of the date of this pleading, the [WSGC] has not had the opportunity to conduct any discovery in this factually complex case," the motion read.

Nick Jenkins, founder of the Seattle-based operation, was disappointed by the move.

"I did my homework," Jenkins told IGN. "It is increasingly looking like the [WSGC] didn't do theirs."

On July 9, Betcha.com, an honor-based, person-to-person betting platform, was shut down by the WSGC on grounds that the site's mode of betting violated state statutes covering Internet gambling.

Jenkins has argued repeatedly that the honor-based betting system does not violate the state's definition of gambling, as bettors are not required to pay when or if they lose.

With regard to the WSGC latest motion, Jenkins pointed out that the WSGC does not say why it has not commenced discovery nearly two months after Betcha filed its declaratory relief action.

Following an initial (and unsuccessful) attempt to enjoin the WSGC from enforcing provisions of the Gambling Act shortly before the shutdown, Betcha served the WSGC with a complaint on July 6, amended July 23, to which the WSGC responded on Aug. 13.

On Aug. 17, Betcha filed a motion for summary judgment, which it amended Aug. 23.

Click here to view a copy of the Motion to Strike Summary Judgment Hearing filed on behalf of the WSGC.