The Court in the Mark Hunt lawsuit has ordered that discover to continue with respect to all claims except for his RICO claims in his First Amended Complaint until the determination of the Motion to Dismiss filed by Zuffa/Dana White and Brock Lesnar.
The 3-page ruling indicated that discovery (requests for documents and answering of questions) related to Hunt’s RICO claims against the UFC and White. However, the other claims including breach of contract and battery (for Brock Lesnar) may proceed forward.
Order on Motion to Stay Discovery in part in Hunt case by JASONCRUZ206 on Scribd
The Court notes the changes made from the original Complaint from the First Amended Complaint including changes in the breach of contract claim and the battery claim. According to the case law cited by the Court, it may stay discovery from a “preliminary peek,” initially a cursory scan of the Motion to Dismiss to determine whether it might win on the merits and dismiss the need for discovery.
The Court was not convinced from its “preliminary peek” at the motion to dismiss that it will certainly be granted for all claims.
Payout Perspective:
If you think the peek is awkward because it provides foresight into a potential outcome of the actual motion, you are not alone. However, this is the legal authority that is followed. A minor win for Hunt as this might precipitate a settlement between the parties so that the UFC will not have to spend money on discovery. Yet, the Court may decide the Motion to Dismiss at any point. One might suspect that since the Order was issued for the stay in December for a motion to stay that took place in July, it may take more time for the Court to decide the Motion to Dismiss.
Leave a Reply