Federal magistrate in LA transfer Bellator’s Motion to Quash UFC Subpoena to Nevada
March 18, 2017
A Los Angeles Federal Magistrate Judge has transferred Bellator’s Motion to Quash Zuffa’s Subpoenas to the Nevada court hearing the antitrust lawsuit. The decision to transfer venue was made on Friday March 17th and done without oral argument.
Citing “exceptional circumstances” pursuant to the federal rules governing subpoenas, it determined that the “interests in favor of transfer outweigh the interests of Bellator in obtaining local resolution of the subpoena-related motions.”
Bellator, a non-party in the antitrust lawsuit, sought relief from a UFC subpoena requesting certain documents including information related to specific fighter contracts including information related to negotiations, terminations, cancellations and transfer of contracts. Bellator has provided the UFC with documents but reached an impasse on certain information.
The federal magistrate, which ordered the transfer, pointed to the looming May 1, 2017 fact discovery deadline, the Nevada court issued the protective order and the Nevada magistrate had been active in previous discovery as reasons for the transfer.
Moreover, the court determined that Bellator would not be inconvenienced by having to appear in Nevada citing the possibility of appearing telephonically. Alternatively, the proximity between California and Nevada would make the travel negligible.
If you were to ask me, it appears that California did not want anything to do with the Motion. Rather, it kicked it back to Nevada to deal with the details of the Motion and the lawsuit. In most instances, Bellator did the appropriate thing in filing for relief where their business is primarily located but the court found reasons to negate the inconvenience. For the UFC, it’s a win as the issue will go before the magistrate that has been dealing with the UFC and plaintiffs since the case was transferred from a Norther California federal court back in June 2015.
MMA Payout will have more on this. Stay tuned.