Attorneys on behalf of the plaintiffs in the UFC Antitrust Lawsuit have filed an opposition to UFC’s Motion to Stay Discovery in the lawsuit that is now in the U.S. District Court of Nevada.
You might recall that Zuffa filed a Motion to Stay Discovery pending the court decision in its Motion to Dismiss. The Motion to Stay Discovery was to be heard September 10, 2015 when the lawsuits were in San Jose. Since the filing, the court determined that based on the forum selection clause found in fight contracts signed by many of the plaintiffs, the venue should be transferred to the federal district court in Las Vegas, Nevada. Zuffa argued that since there was a likelihood that the curt would grant its Motion to Dismiss and would resolve all issues, discovery would be a moot point. It also stressed the fact that the discovery process is “extensive, burdensome and costly.” Zuffa cited the discovery requests which seek a voluminous amount of financial information from Zuffa. In addition, Zuffa suggested that federal courts in California evaluated a request for stay during the pendency of a dispositive motion based on whether: 1) the pending motion must dismiss the entire case (or the issue in which discovery is aimed), and; 2) whether the court may determine the motion without the discovery. Zuffa argues that the court can dismiss the case without the need for conducting discovery.
In its opposition, plaintiffs claim that the UFC’s motion to dismiss is “highly unlikely to succeed” and due to the fact that there are factual issues to resolve, discovery is required. It also argues that a stay of discovery would hurt the plaintiffs’ case.
Plaintiffs state that the UFC’s Motion to Dismiss raises “at least four contentions” requiring discovery.
- Discovery related to UFC’s assertions that its exclusive contracts with fighters, sponsors, venues and others do not substantially foreclose competition or impair rival promoters.
- Discovery seeking to determine whether “minor league” promoters do not compete with the UFC.
- Discovery related to the argument that “Plaintiffs do not show how excluding would-be rivals from access to some venues, sponsors and TV networks amounts to substantial foreclosure.”
- Discovery regarding the UFC challenge of the term “elite MMA fighter” used in the industry creates a factual dispute.
Perhaps a dig at the UFC, the plaintiffs’ brief (on page 4) cites Bob Arum (a noted Dana White foe) stating that the boxing promoter “pays his boxers approximately 80% of the proceeds of events.” The brief quotes Arum: “[b]ecause of the monopoly that the UFC has, [the UFC] pay]s][its] fighters maybe 20% of the proceeds that come in on a UFC fight.”
Response to Motion to Stay Discovery
Payout Perspective:
Its the standard litigation story that one side is stalling discovery, while the other side wants to facilitate discovery.
The opposition sets forth certain discovery requests it believes necessary for its case. Essentially, it is laying the groundwork to broker a compromise with Zuffa to allow limited discovery. The strategy here is for the court to determine what is fair and the fact that the plaintiffs outline a proposed plan may have the court allow the discovery to “see how it goes.” Probably not what Zuffa wants, but one could see this happening.
If Zuffa wins its motion to stay discovery, it will save a lot of time and money and the litigation will hinge on the Motion to Dismiss. If the court sides with plaintiffs and/or grants limited discovery, the plaintiffs may have a greater opportunity to withstand a dismissal.
We will see what the court decides.
Peanut pay, no wonder boxing is more popular and is taking off again. 2 huge boxing movies this year as well. Dana destroyed mma after he built it up.
Hahahaha ufc exposed cheapie promotion
Hahaha. Meanwhile boxing ppv fighters make 1k to fight.
Bellator destroying PBC numbers goes to show how superior mma is to boxing.
“2 huge boxing movies this year as well???”
HAHAHAHAHA!!! Delusions. Not to mention UFC fighters are all over the movies every year. The last time their was a big boxing movie was Rocky VI, the last time before that there was a big boxing movie was Rocky V, then Rocky IV…., etc. HAHAHAHA!! So yeah, every 5-10 years there will be another Rocky movie that does well. Pathetic.
Rousey, GSP, Liddell, Taktorov, Couture, Carano, Jackson, Woodley, etc have all been in major production movie roles. Name some boxers who have other than Tyson(and Tarver from Rocky haha) in the past decade.
PBC destroying boxing as we speak- well, that and the fact that they’ll have no more ppv stars shortly after Mayweather-Pacquaio retire.
Bahahha D on a rant of nonsense and fantasy. Even with evidence he is a denier of the truth. I guess when you get paid to be stupid it makes sense. Free fight pass is a hell of a drug. Dana and the girls at the ufc being exposed as the frauds they truly are, way more to be reviled. Get ready to continue sucking big ones D. And where is that fuck tool matt?? Whats the matter, you haven’t received your pre written ufc talking points yet?? You and D are complete fuck tards!
D trying so hard to convince others because he cant even convince himself…ufc really declining hahahaha.no big money all hype…a bubble about to burst
Sal ranting like the boxing welfare paid troll that he is. Just more nut house ranting.
When PBC’s bubble bursts, Tops is going to implode. UFC isn’t going anywhere. PBC’s name is worth less than the XFL’s. HAHAHAHA!
Pbc is 10% of boxing fuck stick! Ufc is 90% of mma. d is a dribbling moron! What a tool box!! Bahahha bahahha. Ufc is smoke and mirrors. Look! just what I hvae been saying and more will be revealed stay tuned!!! Hah hah
Yeah, that’s why Arum & De La Hoya are going crazy and suing Haymon you retard! 500m is more than both of those two promotions are worth combined idiot.
there are because they can! and here is another thing you can suck on 10% of boxing is way more then 100% of mma you amateur retard! And you have no idea what you are talking about. Have fun defending the failing ufc in the next few months!! bahahahahahahaha
You are such an idiotic nutjob. Nothing you say is ever right. PBC is the biggest player in the game now, despite the fact that they are losing millions, they are bankrupting everyone else in the process. HAHAHA!!
How can you be the biggest player if you are losing millions? oh wait that’s UFC language for a success bahahahaha D is a complete mental moron. And who is bankrupt besides the UFC? bahahahah D is in fantasy mode, and is out of touch with any reality. Yup Top Rank and GB are running bahahahahhah!!! D and the ufc will always be dead wrong!! look at history fuck face! hahahahaha
Because they are producing more events and have more capital than every other promotion combined in boxing you stupid smelly fuck! Eventually they will be bankrupt of course, but in the present situation, they are the one’s on network tv with far more events, not GB or Top Rank.
Yeah, Top Rank and GB are really killing it- that’s why De La Hoya’s thinking about coming out of retirement to save his business and he along with Arum are suing PBC claiming they are monopolizing the industry. Does Top Rank even have anyone that fights on ppv anymore? When’s Pac coming back for his last fight? Next year? Haha.
Also, the UFC language for success is to get a legit network tv deal and consistently sell ppvs while not overpaying their fighters. PBC’s language for success is what you described retard.
Get ready for tons of D typing out his ass! as the ufc flounders to a pathetic fail! hahahaha Dorothy is desperate and the UFC is in a shit hole. Boxing has some great fights and we got Rousey for the ufc. Oh wait kimbo is back too. bahahahah
Sal is crazy. Hahahaha.
yup everything Ive been saying is coming to light yea thats crazy bahahah wait till the discovery D will be sucking on a big one once again. D must be so busy he keeps sucking on big ones one proved wrong again and again hah haha
He continues to prove my point with his psychotic rants. Haha.
4.4 million buys for MayPac.
1.1 million buys for Canelo-Cotto
Delusions across the board.
UFC dominating the ppv industry. HAHAHA!
“UFC dominating the ppv industry. HAHAHA!”
How can that be true?
They havent even hit 4.4mil with the 7 UFC ppvs they put out this year already.
Boxing already hit that with 1 ppv.
Using math, it looks like boxing is dominating the ppv market.
Math is something that went out the window with you a long time ago- that plus logic, rational thought, objectivity, etc.
Its not even worth paying attention to this fool D he is a paid ufc troll retard.
Says the nutjob who rants like a mental patient every opportunity he can.