Zuffa has filed a motion to reopen discovery in the Le antitrust lawsuit and amend the scheduling order. The current trial date is set for April 8, 2024. However, Zuffa wants to delay the trial date 4-6 months.
In a filing on October 24th, Zuffa argued that discovery should be reopened because of “developments after the period of alleged misconduct can be considered-and are often highly relevant-in determining liability in Section 2 cases.”
Zuffa argues that the “low barriers to entry in the MMA industry meant that any market power Zuffa enjoyed during the Class Period was transient, and a function of Zuffa’s pioneering investments in developing the industry” which it contends was procompetitive conduct.
Fact discovery closed on July 31, 2017 but due to the changes in the industry, Zuffa contends that further discovery is warranted.
It argues that developments in the competitive landscape warrant the reopening of discovery. Zuffa highlights Bellator, PFL, Once and Invicta which reflects the success of other promotions despite the fact that Plaintiff contends a monopsony. They also highlight the fact fighters like Francis Ngannou have left the UFC for other organizations.
The standard cited by Zuffa includes six elements:
Of the elements, Zuffa states that all factors apply except that the Plaintiffs likely oppose the reopening.
Zuffa also cites a case which indicates that further discovery would lead to relevant evidence.
Also, it claims that it would be prejudice if it cannot show the success of other promotions.
However, the Le plaintiffs opposed the notion that Zuffa satisfies the six elements listed above. In fact, it argues Zuffa has a harder battle to prove to the court that discovery should be reopened. Specifically, it would prejudice the plaintiffs as they would not get the trial date they seek. Also, Le plaintiffs argue its mere speculation that they would find relevant evidence in post-2017 discovery.
The Le plaintiffs most salient argument is below. It would push the April trial date due to the enormous amount of discovery Zuffa intends to seek.
While Zuffa claims it has been diligent in seeking to reopen discovery the Le plaintiffs think otherwise:
Payout Perspective:
It is hard to believe that Judge Boulware would reopen discovery after a huge delay for the written Order on class certification to come out. Then again, this could be a means for Zuffa to get ready for an appeal if this motion is denied. Regardless, a footnote in the Motion to Reopen Discovery notes that there are conflicts for Zuffa counsel for the April 8, 2024 trial date.
Whether or not Judge Boulware entertains conflict requests is another issue. But the Zuffa motion at this late date seems to be a longshot at best.
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