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Court will likely decide Zuffa’s-NY motions without oral argument

February 23, 2015 by Jason Cruz 4 Comments

Zuffa’s lawsuit in which it sued New York for its legislation banning professional MMA in the state is still ongoing and it looks like there could be a conclusion this spring based on the dual summary judgment motions filed by the state and Zuffa. But, it appears that there will be no oral argument to persuade the judge on the matter unless attorneys for each side amend their travel schedules.

Originally, the Court of Judge Kimba Wood issued an Order a couple weeks ago in which it would grant the parties final briefing and an oral argument on whether the New York statute banning professional MMA in the state was unconstitutionally vague. The briefs would be limited and the sides would only be allowed only 10 minutes of oral argument. The Court set the hearing for March 5, 2015.

However, the state indicated that both sides had conflicts with the date provided by the Court.  Each side indicated conflicting travel schedules (with nonrefundable tickets) and unavailability for the hearing.  In a letter from attorney John Schwartz on behalf of the state of New York, he proposed a hearing date scheduled for some time the week of March 30th.

Defendants' Letter to the Court by JASONCRUZ206

Well, no go from the Court.

Court Order in response to request to move hearing date

Instead of providing the accommodation, the Court has decided to render its opinion without oral argument unless of course they are available on March 5th.  The Court indicated in an order dated February 20th that it has reserved time for March 5th “in case that date becomes viable for counsel.” This is well within the rights of the Court.

Payout Perspective:

Would the Court have been persuaded by either side’s additional briefing or oral argument? Moreover, did the sides piss off the Judge for not being available or does the Judge just want this case to either end or proceed to trial? We shall see. Based on the limited scope of what the Court was requesting, it appeared that it wanted to hear some further information but maybe not so much as to postpone the decision any further.

What will be interesting is to see if a ruling comes out prior to an anticipated vote in the New York State Assembly on legalizing professional MMA in the state. MMA Payout will keep you posted.

Filed Under: legal, Zuffa

Reader Interactions

Comments

  1. Cicero says

    February 23, 2015 at 6:28 pm

    Looks like a coin toss for Zuffa? Either way, I don’t really care. More money for Zuffa doesn’t help me one bit.

    Reply
  2. George Gonzales says

    February 24, 2015 at 12:27 pm

    So what happens if the judge does not rule in the favor of the UFC? Can the vote on the in the Assembly even take place? Can the Assembly over rule the judges decsion?

    Reply
  3. George Gonzales says

    February 26, 2015 at 7:33 pm

    Still waiting for an answer

    Reply
  4. Jason Cruz says

    March 12, 2015 at 1:05 pm

    @George

    Sorry for not getting back to you. Yes, the vote in the Assembly can still take place since the vote would be on the proposed legislation and the lawsuit is about the language of the current legislation.

    Reply

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