New York granted second extension to respond to Zuffa Preliminary Injunction

November 16, 2015

Judge Kimba Wood has granted the state of New York an extension of time to respond to Zuffa’s Motion for Preliminary Injunction which would allow a UFC event scheduled for April 23, 2016 at Madison Square Garden.  In response, attorneys for Zuffa have expressed concern that the delay may impact the event.

In a letter submitted on November 6th, John Schwartz, Special Litigation Counsel for New York, indicated that due to health issues experienced by his wife, he could not respond to the motion which opposition was due on Friday, November 13th.  It was noted that the second extension was not anticipated.  Schwartz also indicated that he did not believe Zuffa would be prejudiced by this delay.  New York will now have until December 4, 2016 to respond to Zuffa’s motion and Zuffa will have until December 14, 2016 to file a reply.

Letter From Plaintiffs Re 2nd Extension of Time by JASONCRUZ206

Judge Wood granted the request filed by counsel for New York last week.

In a letter dated November 7th, Jamie Levitt, attorney for Zuffa “reminded” the court that this was the second extension request to respond to Zuffa’s lawsuit filed on September 28th  The first was stipulated by the parties on October 9th.  The second, granted by Judge Wood, is due to an illness of the wife of the attorney heading the litigation for this case.  Levitt expressed the concern that the delay in the decision of the Preliminary Injunction may impact the April 23, 2016 event scheduled for UFC.

Letter From Plaintiffs Re 2nd Extension of Time

“The briefing schedule [for the Preliminary Injunction] was carefully negotiated by the parties to ensure that despite Defendants’ [first] extension, the Court would have sufficient time to consider and rule on Plaintiff’s motion by January 2016,” wrote Levitt.  “A ruling after January 2016 would not provide the UFC and MSG sufficient time to finalize and then market the scheduled April event.”

Levitt explains that the MSG licensing agreement and the sanctioning of the event cannot be easily rescheduled.  There was no indication of when another date might be secured for MSG.

Payout Perspective:

This is a delicate situation since it involves a personal health issue.  Zuffa had no grounds to oppose this request without looking totally heartless.  It would be clear that the court would have granted this request.  The unexpected delay may definitely impact an event in April if the court does not decide by the beginning of the year.  With the holidays upcoming, it is hard to say when a ruling might occur.  The Levitt letter puts the court on notice of the injury it may suffer if a decision is not made soon.  While New York argues that moving the date to another time would resolve the issue, it’s clear the UFC has banked on this date.  MMA Payout will keep you posted.

Got something to say?

You must be logged in to post a comment.