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.
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