The attorneys for William Keane filed a Reply Brief in support of its request to reopen fact discovery and modify the scheduling order. Keane’s attorneys argue that there was information that was not provided to them prior to the end of discovery.
Keane argues that it had worked with Top Rank in obtaining the depositions of Bob Arum and Todd duBoef but they were taken at the end of fact discovery. In a footnote, Keane states that Top Rank stated that Arum and duBoef were not available until January and then kept pushing that timeline “for medical and personal reasons.” Keane argues that Defendants are “disingenuous” with its argument that they “had agreed to a deposition schedule that would not have provided him enough time to follow up discovery…”
Keane also argues that new information came up during duBoef’s deposition.
051226 Reply ISO of Modifying Scheduling Order by MMA Payout
The argument to extend discovery by Keane is that they discovered new information that requires further examination of information prior to going forward with a possible trial. Top Rank and duBoef claim that Keane drug its feet with discovery and now its too late. From Top Rank and duBoef’s perspective they do not want the litigation to extend and create what would be perceived as an undue burden for them.
A hearing will take place on May 26th to argue the motion.
Leave a Reply