McGregor’s attorneys respond to request to keep water bottle lawsuit in state court

May 7, 2018

On Friday, Conor McGregor’s attorneys filed a Statement of Removal related to moving the case from Nevada state court to Federal Court.

The Plaintiff filed a lawsuit after alleging that he was injured after being struck by a can thrown by Conor McGregor at the UFC 202 press conference.

Statement of Removal by JASONCRUZ206 on Scribd

McGregor’s attorneys also responded to Plaintiff’s Emergency Motion to Remand to state court:

Response to Emergency Motion by Plaintiffs by JASONCRUZ206 on Scribd

The essence of McGregor’s argument is that Plaintiff’s did not properly conduct a “meet and confer” process which would determine the reasons for non-participation in discovery in the state court matter. Further, the Offer of Judgment for $90,000 set the monetary damage amount which exceeds the $75,000 requirement for Federal Court allowing jurisdiction to be retained (that and diversity jurisdiction which is clear hear with plaintiff being a Nevada resident and McGregor a citizen of Ireland and his company based out of California.

Payout Perspective:

It’s pretty clear that McGregor’s attorneys have solid arguments shutting down Plaintiff’s arguments for the state court to retain jurisdiction.  The Offer of Judgment for $90,000 seems like a strategic error here considering the possibility of removal.  What may have been more prudent would be an offer of $70,000.  The medical bills are slightly under $5,000.  Even if McGregor were to settle for that amount, it would have kept it in state court and having to deal with the discovery issues.

Another issue in this case is whether plaintiff should have sued the venue and/or UFC.  It seems that someone has insurance and that should be sought out in this type of personal injury case.

Man who claimed he was hurt by a Conor McGregor thrown bottle at UFC 202 presser gets case moved to Federal Court

April 27, 2018

The man that has sued Conor McGregor for personal injuries he claims he sustained while working security at the UFC 202 press conference which saw McGregor engage in a bottle throwing war with Nate Diaz and his entourage.

The man, William Pegg, claimed medical bills of $3,065.96 in a demand letter dated December 13, 2016.  In addition to the medical bills, Mr. Pegg wanted an additional $225,000.00.  McGregor’s reps at Paradigm Sports denied liability and threatened to bring an action against Pegg’s attorneys for filing a frivolous lawsuit if it decided to file a lawsuit.

Plaintiff’s Demand Letter to Conor McGregor by JASONCRUZ206 on Scribd

Pegg, of course, filed a lawsuit on March 28, 2017 claiming negligence and battery for throwing “unopened beverage cans” during the press conference.  He claimed that the cans hit him in the back. Pegg sued McGregor and McGregor Sports & Entertainment, LLC.  He originally sought damages of $15,000 in addition to punitive and medical bills.

On March 20, 2018, Pegg Amended his Complaint to add a cause of action for unjust enrichment citing that McGregor profited from the press conference incident and as a result Pegg should receive restitution.

First Amended Complaint by JASONCRUZ206 on Scribd


On April 10, 2018, Plaintiff’s filed an Offer of Judgment with the state court for $90,000.  The Offer of Judgment allows for the Defendant the opportunity to essentially take the offer within 10 days of the filing.  If not, and Plaintiff receives a more favorable judgment than $90,000, the Plaintiff may recoup legal fees and costs.  The purpose of the Offer of Judgment is to facilitate settlement.

However, with the Offer of Judgment, McGregor decided to remove the case to federal court.  With an amount in excess of $75,000 and diversity of jurisdiction (Pegg a Nevada citizen, McGregor’s company located in California), Federal Court may retain jurisdiction.  A removal to Federal Court is automatic and must be remanded by the non-moving party for the state court to retain jurisdiction.

Plaintiff, seeking the state court to retain jurisdiction, has filed an emergency motion to remand the case back to state court.  Plaintiff’s attorney claims that McGregor has been uncooperative in the litigation process despite an impending trial date in November 2018.  They also argue that McGregor’s removal to federal court was not timely.

Plaintiff’s Emergency Motion to Remand by JASONCRUZ206 on Scribd


Payout Perspective:

There are advantages for a defendant to move a case to federal court.  First, there are stricter guidelines and rules that are enforced by the judge who are appointed for life.  Second, due to the glut of cases, obtaining a trial date for the case will likely take years.  Based on the information filed, it appears that there is a trial date in state court for this November.  Finally, state court tend to be lax with its rules and admitting evidence which goes to the first advantage in that federal court is much stricter.  The motion to remand will be a tough hurdle for the plaintiff since they’ve already admitted, via its Offer of Judgment, that the value of the claim is in excess of $75,000.  Add to that that McGregor’s company is in California and the plaintiff resides in Nevada and the rules dictate that Federal court retains jurisdiction.  If the case stays in Federal court, its unlikely that the plaintiff will have a trial date this fall as he did in state Court.  Moreover, the opportunity to settle the case swiftly decreases.  Despite the fact that McGregor’s reps have shown their teeth in threatening counterclaims and the like, that’s just saber-rattling which is common in litigation.

MMA Payout will keep you posted.