Judge Richard Boulware issued a Supplemental Order on Tuesday in response to Zuffa’s attempt to stay a discovery order issued on January 6th.
As a result, Judge Boulware gave a detailed accounting of the discovery issues. This includes calling out Zuffa for an “unfortunate pattern of obfuscation and discovery violations.”
Judge Boulware also noted that Zuffa had “consistently violated its device disclosure order by failing to provide “specific and detailed” device information for all relevant custodians.” Thus, Zuffa was supposed to list all of the relevant employees (and/or people under its control) that had cell phones, computers, laptops, iPads, etc. and turn over information on them. According to Boulware’s order, it has not.
The February 4th and 5th hearings which will include Dana White to testify in person will go forward. Despite the fact that Zuffa has brought up the issue that there may be attorney/client privilege issues, Judge Boulware indicates it had brought up the issue to Defense Counsel, but, according to the Court, “Defense Counsel demurred.”
Judge Boulware 0127 Supp Order by MMA Payout
Payout Perspective:
You can infer from the tone that Judge Boulware was not a fan of Zuffa going to the Ninth Circuit Court of Appeals in attempt to stay his order. In his viewpoint, he believes defendants have had ample time to produce the discovery he has allowed and has a past history of discovery violations. As a result, he is not cutting any slack here. In fact, he makes it clear on the record that defendants have not identified its position. This makes the attorneys look bad and Judge Boulware knows it. Thus, Dana White will appear in court to testify and while he can be coached up to do it, its going to take a lot of time and money to ensure he does a good job.
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