ZUFFA files to move suit to Nevada
ZUFFA has filed for a change of venue from Northern District of California in San Jose to Nevada. The hearing is scheduled for May 7th.
In December Jon Fitch, Cung Le, and Nate Quarry named as plaintiffs in class-action suit against the UFC, alleging that the promotion held a monopoly position in the sport. The case was filed in Northern California, where juries and judges are believe to be more sympathetic toward class action suits than, say, Nevada.
Now Jason Cruz reports that ZUFFA has filed for a change of venue from Northern District of California in San Jose to Nevada. The hearing is scheduled for May 7th; defendants have requested it be moved up to March 26.
In its filing, Zuffa anticipated that the discovery process will be contentious as it appears that the parties already dispute a briefing schedule to file pleadings. Zuffa also cites subpoenas issued to third-parties for this case which Zuffa indicates violates the federal rules. Zuffa was granted an extension to address the three complaints filed by the plaintiffs.
Payout Perspective:
We had predicted this possibility back in December when the Complaint was filed in San Jose. Zuffa is based in Nevada and has a viable argument under the federal rules of civil procedure that it should be able to defend its lawsuit in its state. Zuffa argues that plaintiffs signed UFC contracts with the proviso that any legal dispute is filed in Nevada. Essentially, they agreed to the forum selection as part of a clause in their contract. It also argues that for convenience purposes the lawsuit should be transferred since most witnesses are located in Nevada.