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Evolution accused the law firm that published the 2021 mystery prohibited jurisdictions report of ‘delaying tactics’ in a New Jersey court yesterday (30 May).

The live casino giant said Calcagni & Kanefsky’s (C&K) 10 May bid to prevent Evolution from again filing to unmask the report’s sponsors was “yet another transparent attempt at further delay”.

Evolution is engaged in a multi-billion dollar defamation case against C&K regarding a 2021 report which accused it of operating in prohibited jurisdictions, often termed the Calcagni Report.

The New Jersey Division of Gaming Enforcement concluded in February there was “no evidence” the business promoted, permitted, or otherwise benefitted from prohibited jurisdictions.

Evolution’s attempt to use this decision to get a court order revealing the names of the entities that put together and commissioned the report was denied in April.

Judge John C. Porto argued further evidence must be heard in the case to establish the veracity of the Calcagni Report.

As such, he said the previously initiated limited discovery process should continue, which involves the key depositions of C&K attorneys Ralph Marra and Thomas Calcagni.

Evolution accuses C&K of delaying tactics

In its latest filing, Evolution highlighted that only one of the three witnesses chosen has so far been deposed since the original July 2023 order.

The provider argued this has delayed the entire discovery process and prevented the resolution of an important threshold issue.

C&K’s 10 May motion requested the court to clarify it would not entertain any renewed attempts to order them to reveal the report’s sponsors until the depositions had completed.

Evolution argued this motion represented a delaying tactic.  

Its attorneys said: “In their latest effort at delay, defendants have filed a wasteful, pointless motion for clarification, seeking a premature advisory opinion on an issue that is not ripe for resolution.

“Defendants are using the motion as an excuse to refuse to produce witnesses for their depositions, further and unnecessarily delaying this case.”

Evolution argues motion is meritless

Evolution further argued the motion was meritless because there is no basis for it under New Jersey law.

It further added that even if the court approved the motion, it would not actually bind Evolution from again attempting to reveal the report’s sponsors, since it could be revised at any time.

The attorneys added: “Given Defendants’ oft-professed desire to take those depositions and insistence that the Calcagni Report is true and that truth will be proved by all the depositions in this case, one might expect Defendants to be eager to proceed through depositions and vindicate themselves at the Rule 104 hearing.

“Instead, they have obstructed the depositions at every turn, resorting to a series of baseless procedural manoeuvres to delay. The time for delay is up.”

The filing is the latest twist in the years-long dispute.

NEXT.io understands that many in the industry suspect one of Evolution’s competitors in the supplier space was behind the report.

There have been separate claims the report was commissioned by a US-based gaming operator that aimed to level the playing field, according to Casino.org.

It also claimed a separate report was compiled against bet365, but this was never ultimately released.

The aftermath of the Calcagni Report saw 36%, or $10bn, wiped off Evolution’s market cap.

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