The plaintiffs for Cung Le, et al. filed a letter with the Court hedging their bets on the testimony of Joe Silva. The longtime matchmaker of the UFC during the Fertitta era may be a key witness and Zuffa claims that he will voluntarily testify in person.
The plaintiffs and defendants have been at odds as to the testimony of Silva. Technically, Silva cannot be compelled to testify at trial but Zuffa (according to plaintiffs) has represented that he will volunteer to testify live. But, if he does not the parties have a right to designate deposition testimony to submit to court as evidence. If the deposition is submitted, the parties do have a right to object to the use for certain reasons.
Since this is a jury, live testimony might be more persuasive than introducing and/or reading in testimony into the record. Notably, documents uncovered in the discovery process revealed Silva’s negotiation tactics. Thus, Silva might be a key as to a part of plaintiffs’ case in chief in proving its case.
The letter indicates that plaintiffs have listed Silva as their own witness and Zuffa has objected to that and, I infer, vice versa.
MPO will continue to follow as motions in limine are filed.
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