Top Rank Boxing withstood another motion to dismiss from Al Haymon in the ongoing lawsuit filed in federal court in Los Angeles. The Honorable John Walter ruled, without oral argument, that Top Rank’s Second Amended Complaint was sufficient enough to survive a motion to dismiss.
A hearing on the motion to dismiss was to be heard on Monday but the court nixed this hearing ruling without the need for oral argument. Previously, the court had dismissed Top Rank’s lawsuit but allowed it to re-file and amend, which it did. But, Haymon had filed another motion to dismiss citing that nothing had changed in its amended filing.
Perhaps an ominous sign from Judge Walter for Top Rank was the notion that the arguments set forth in Haymon’s motion to dismiss might be best addressed in a motion for summary judgment. A summary judgment is a motion brought by a party would dismiss a lawsuit prior to trial due to the fact that one side’s claim(s) that there is no general dispute as to any material fact and the case should be dismissed as a matter of law. Of course, Judge Walter indicated in his order that he expects both parties to file motions for summary judgment. The brief order inferred that it while it sided with Haymon’s arguments, the rule of law dictated that Top Rank’s Second Amended Complaint had sufficient information to go forward.
Top Rank sued Al Haymon for alleged violations of antitrust and state laws with respect to Haymon’s PBC promotion which includes its alleged managing and promoting of fighters.
The court opinion indicates that while it was not persuaded that Top Rank had cured all of its deficiencies in its state law claims, it will not entertain any more motions to dismiss.
Order on Motion to Dismiss by JASONCRUZ206
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And now we enter the discovery phase of the lawsuit as the court essentially tells the parties they have exhausted all of the motion to dismiss. Haymon will now have to answer the 105 page Second Amended Complaint. From there, it will be written discovery and depositions. We shall see if the elusive Al Haymon will be summoned for deposition. MMA Payout will keep you posted.
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