Last week, the UFC filed an emergency appeal to the Ninth Circuit Court of Appeals seeking relief so that it would not have to turn over discovery to plaintiffs in the Kajan Johnson antitrust lawsuit.
Procedurally, the emergency motion is seeking a Court Order for an administrative stay and stay the district court order granting the right for plaintiffs to obtain discovery for which Zuffa claims is protected by attorney client and/or work product. Zuffa claims information from Dana White and UFC Vice President Tracey Long’s cell phones are privileged.
Once granted (it likely will be), Zuffa will file a Writ of Mandamus which would negate the District Court’s order for Zuffa to produce the requisite information it had asked of Zuffa.
Zuffa argued that the district court order forced the “disclosure of a vast number of attorney-client privileged communications–including “virtually undiscoverable” work product of defense counsel.”
Zuffa claims complying with the district court order would allow for Zuffa to “suffer immediate, irreparable and substantial harm.” Zuffa argues that the district court is not pursuant to the norms of discovery and violates the First Amendment.
The motion comes prior to a Spoilation Hearing set for February 4th and 5th where both Dana White and Tracey Long must testify about their knowledge of the whereabouts of their phone. Plaintiffs argue that they have a right to look at (among others’) White’s individual phone as there is evidence that he has used it for business use.
Payout Perspective:
This is a big swing for Zuffa as its clear they do not want to turn over information they argue is privileged. Assuming the argument that the information the attorneys are seeking to protect, it could very harmful and damaging to Zuffa. Or, the information may expose some of the business dealings of White, et al. as less than appropriate. MPO will continue to follow.
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