Attorneys for Dana White have filed a Motion to Dismiss the Complaint filed by Joshua Ramos in relation to his claim that White breached an agreement for his silence as he allegedly had an affair with his girlfriend and mother of his child.
Here is background I did on the case back in April. Details can be found here and here.
White allegedly had a sexual relationship with Ramos’ girlfriend who worked as an exotic dancer at the Spearmint Rhino in Las Vegas. The Complaint claims that his girlfriend accepted a ticket to go to Brazil to be with White at a UFC event. Ramos attempted to confront White via text and eventually got Zuffa and the Nevada Attorney General in on helping with the investigation.
Ramos was arrested and sentenced to one year in jail for attempting to extort White.
He claims that the two had agreed to negotiate some sort of monetary settlement where he would be compensated in exchange for is silence in his affair. However, at a scheduled mediation, White did not offer much, if anything to Ramos.
Ramos filed the lawsuit alleging breach of contract, tortious interference with a contract and breach of the duty of good faith and fair dealing. As expected, Zuffa with its long-term firm Campbell & Williams is representing White in the case.
“Some parties never learn,” the Introduction to the Motion to Dismiss starts portraying Ramos as a simpleton and his “attempts at civil extortion are just as inept as his prior criminal endeavors.” The crux of the motion discredits Ramos and his lawsuit claiming that he does not have legitimate claims due in part to the fact that the parties never entered into a valid legal contract.
In addition, Campbell & Williams argues on behalf of Zuffa that White’s actions were not a part of his role as an executive with the company and therefore any alleged misdoings should not be attributed to any liability on the part of Zuffa.
Payout Perspective:
From its face, its clear that Zuffa has a legitimate shot at dismissing Ramos case with maybe one issue. The legal claim for the duty of good faith and fair dealing is a catchall in breach of contract claims and tends to be an ambiguous claim for parties to act in good faith in dealing in contract. If the court entertains the notion that there was an agreement entered into between White and Ramos, the plaintiff’s lawsuit may survive.
One can see that when Ramos was charged with criminal extortion that any chance of obtaining a settlement with White would be difficult. Even if White agreed to a mediation, it would be hard to prove the intent of White heading into it and if he really was willing to engage in settlement. And if so, what exactly would they be agreeing to? One might infer that Ramos was outmaneuvered here. Usually mediation information is barred as evidence in court and Ramos is unlikely to show a lack of willingness to negotiate on the part of White. Ramos does have a chance to respond and MPO will keep you updated.
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