In the latest salvo involving discovery of information from the phones of key TKO members in the Kajan Johnson lawsuit, the Plaintiffs provided a lengthy filing that breaks down the information that they believe is missing and/or wiped from phones intentionally.
The filing reflects the electronic information that Plaintiffs believe are missing from several of the key members of the UFC office including Dana White. This post will focus on the information Plaintiffs claim are missing from White. As you may recall, White along with several other UFC employees testified in Court this past spring as to the retention of information as it relates to the lawsuit involving Johnson. Some of the information had been retained in the discovery in the Cung Le case but this case involves different timelines.
The Plaintiffs built a “Contract Negotiation Tracker” which identifies all of the contracts and corresponding information provided to them by the UFC in fact discovery. Plaintiffs argued that “only a minute percentage of negotiations had been produced.” They argue that this information is vital to their case because the contracting practices of the UFC is what matters in this case. This includes the contracts themselves and the conversations/negotiations between fighters and the UFC.
The Plaintiffs identify 3,400 unique fighter contracts but claim that there are more out there not yet produced. In its brief, the Plaintiffs produced a chart reflecting the missing information.
Plaintiffs argue that a “substantial volume” of Dana White’s electronic discovery information was “intentionally deleted.” They note that several of his devices were “wiped” entirely which means that all information was deleted from it prohibiting anyone to find anything on it.
Plaintiffs note there being significant gaps in text messages from White’s phones.
Plaintiffs identify that the gaps are notably because one includes the months leading up to the Conor McGregor-Floyd Mayweather boxing match. Another includes the Demetrious Johnson-Ben Askren trade. yet another includes a time when Francis Ngannou attempted to exercise a “sunset provision” in the UFC contracts to leave the UFC for the PFL.
It also notes that the Court-appointed forensic expert that two of White’s iphones had been wiped and done intentionally. Plaintiffs contend that this was done so that they would not be able to see the information White had on them.
A greater analysis of White’s phone reveals that he had deleted a lot of texts.
Plaintiffs also believe that there is a phone that has not yet been identified. They deduce this from a podcast video where he is provided three phones, one of which has not been produced.
Payout Perspective:
Zuffa’s lawyers will respond to these allegations and we will see what become of it. The Court will eventually have to make a ruling on these allegations and the veracity of the missing messages and what to do to address this disparity. Obviously, we are getting into more granular, forensic discovery but the big allegation here is a coverup of information so no one can see what has been done. MPO will continue to follow.
Leave a Reply