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Court sets schedule for Summary Judgment Motions in New York

June 22, 2014 by Jason Cruz

With the New York Assembly not voting on a bill to legalize pro MMA in the state, the focus turns to Zuffa’s lawsuit against the state.  A court order issued late last week will allow the parties to file Motions for Summary Judgment by July 3rd.

The remaining cause of action left from Zuffa’s lawsuit filed back in November 2011 is the claim that the present law banning MMA in the state is unconstitutionally vague.  The Court dismissed the previous claims upon New York’s Motion to Dismiss.

The parties have until July 3rd to file a motion which would dismiss the final claim and end the lawsuit if filed by New York.  Zuffa has the option of filing its own motion which may leave an opening for a possible settlement.

Responses to the initial Summary Judgment Motions are due on July 17th with Replies to those Response Motions by July 31st.

H/t:  Jim Genia

Payout Perspective:

Spoiler Alert.  There will be a Motion for Summary Judgment.  The end to this lawsuit could be near.  Or, we could be hunkering down for more briefing.  Discovery has closed for all intents and purposes and if the Court is not persuaded to dismiss the lawsuit on New York’s Summary Judgment motion, we will be getting ready for a trial.

If you were wondering how long after the Court receives the papers will the Judge make a decision.  The lawyerly answer to that is: it depends.  But if you want some guidance.  New York filed its Motion to Dismiss in October 2012, a hearing did not take place until February 2013 and the ruling was not issued until late September 2013.  Thus, we could wait almost a year for a ruling.  Hopefully, it may happen sooner.  But, we may be through another legislative session in New York before a ruling.

MMA Payout will keep you posted.

Filed Under: legal, New York, regulation

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