Judge Richard Boulware held a status conference in the Misha Cirkunov antitrust lawsuit against Zuffa on December 18th. The Court set a number of deadlines to determine several discovery issues including having Dana White testify at some point during hearing that will span two days at the beginning of February (h/t John Nash).
There are several discovery issues being argued but the key one here are alleged missing texts, chats, etc. from key executives within Zuffa. Notably, Dana White texts which plaintiffs alleged defendants have not collected (as part of the discovery process) “for a total of 7.5 years of the 10.5 year relevant time period.” Plaintiffs believe they have a right to them because the messaging may include information on negotiations with fighters.
Per a ruling on Pacer:
MINUTES OF PROCEEDINGS – Status Conference held on 12/18/2025 before Judge Richard F. Boulware, II. Crtrm Administrator: D Smith; Pla Counsel: Michael Dell’Angelo, Patrick Madden, and Jeremy Gradwohl, Daniel Gifford, Itak Moradi, Michael Gayan; Def Counsel: Aaron Chiu, Joseph Axelrad, Robert Medina, Adam Peterson, Colby Williams, Sam Mirkovich; Court Reporter: P Ganci; Time of Hearing: 10:55 – 11:35; Courtroom: 7C;
Parties are present as represented above; the Court makes preliminary remarks and hears from counsel regarding the appeal in the Cirkunovs case and how it affects these proceedings.
Further, the Court and the Parties discuss the logistics of the forthcoming spoliation proceedings in all three cases, namely: witnesses, expected testimony, and other information reflected on the record. Pursuant to this discussion, IT IS HEREBY ORDERED the Spoilation Hearing is set for February 4th and February 5th of 2026 at 9:00 a.m. Mr. Dana White will testify first and then Ms. Tracy Long. Defendants are instructed to file supplemental briefing, as described on the record, on the potential impact of attorney client privilege by December 30, 2025.
An additional hearing is set for January 6, 2026, at 11:00 a.m. to address: this Courts jurisdiction over Cirkunovs, outstanding discovery disputes, and the scope of this Courts spoliation proceedings. IT IS FURTHER ORDERED the Parties should be prepared to discuss the proper allocation of fees and expenses stemming from Plaintiffs Motion to Compel (Johnson, ECF No. 234). Plaintiffs are also instructed to file a brief list of authorities regarding this Courts jurisdiction by December 19, 2025. The Parties are also instructed to file a Joint Status Report, no more than 4 pages per side, listing outstanding discovery issues to be addressed at this hearing by December 30, 2025.
White and long-time contracts administrator Tracy Long will testify at the “Spoilation Hearing” on February 4th and 5th, 2026. The issues of spoilation deals with the allegation that certain evidence in possession of the defendants has not been turned over to plaintiffs. Either the evidence has been destroyed or not turned over to the plaintiffs. Zuffa argues that the evidence the plaintiffs seek does not exist.
Specific to the Dana White and Tracy Long questioning, plaintiffs proposed the reasons why they would like to depose both White and Long in a court pleading. For White, it relates to discovery received in Le.
Notably, Zuffa has filed an interlocutory appeal to the Ninth Circuit Court of Appeals arguing that the case should be sent to arbitration based on the contract signed by Cirkunov.
MPO will continue to follow the developments.
Leave a Reply