United States District Court, D. Nevada
ORDER (MOT QUASH - ECF NO. 1) (MOT COMPEL - ECF NO.
A. LEEN UNITED STATES MAGISTRATE JUDGE
court heard oral argument at a hearing conducted June 1,
2017, on Non-Party Bellator Sport Worldwide, LLC's
(“Bellator”) Motion to Quash or Modify Subpoenas
(ECF No. 1), and Plaintiffs' Motion to Compel Documents
Responsive to Plaintiffs' Subpoena (ECF No. 26), both of
which were filed in related case 2:17-cv-00849-RFB-PAL which
was initially filed in the Central District of California and
transferred to this district.
Motion to Quash and Modify addresses subpoenas duces tecum
served by plaintiffs in the lead/underlying case on September
15, 2015, and by Zuffa on September 24, 2015. Both subpoenas
requested 15 broad categories of documents asserted to be
relevant to litigation pending in this district. The parties
and non-party Bellator engaged in extensive and protracted
meet-and-confer sessions over a prolonged period of time and
were able to resolve the majority of their disputes. However,
Bellator's motion to quash or modify, and plaintiffs'
motion to compel address five requests for production of
documents concerning two broad categories of documents the
parties were unable to resolve without court intervention.
These two categories are document requests for: (1) Bellator
fighter contract documents and related contract negotiation
documents, plaintiffs Request for Production No. 4, and
Zuffa's Request for Production No. 1; and (2) Bellator
cost and revenue information, plaintiff's Request for
Production No. 12, and Zuffa's Request for Production
Nos. 7 and 12.
conclusion of oral argument at the June 1st
hearing the court directed counsel to file proposed orders
outlining the scope of their requested relief from this
court. Proposed orders (ECF Nos 423, 424 & 427) were
submitted June 5, 2017.
proposed order does not address the time period for which
documents in the two broad categories should be produced.
Plaintiffs' proposed order seeks fighter contract
documents and event level profit and loss data from Bellator
for the time period covered by their subpoena, January 1,
2006 to the present. Zuffa's subpoena seeks documents for
what it defines as the relevant time period-January 1, 2010
to the present. However, Zuffa's proposed order asks that
the court compel compliance for responsive documents from
January 1, 2009 to the present. Bellator claims, and the
parties do not dispute, that Bellator was formed in 2008.
respect to fighter contract documents, Bellator proposes
producing five anonymized exemplar fighter contracts for five
categories of male MMA fighters, and one anonymized exemplar
contract for five categories of female MMA fighters. Bellator
represents that there are approximately 160 fighters
currently on the Bellator roster, of whom less than 20% are
female fighers. As a result, Bellator cannot produce more
than one contract within each female fighter category without
compromising the anonymity of the female fighters. Bellator
proposes producing 30 fighter contracts-25 for male fighters,
and 5 for female fighters. Bellator is proposing to produce
anonymized exemplar contracts for its current roster of
fighters, rather than anonymized exemplar contracts over the
period requested by the parties in their respective
proposed order states that the only document request in
dispute between Bellator and plaintiffs is Request No. 12,
which requests cost and revenue information. Plaintiffs'
proposed order contains a sentence indicating the order
“does not modify any agreement reached by Bellator with
respect to compliance with the subpoena in any other
respect.” Zuffa's proposed order proposes that
Bellator be required to produce a randomized sample of
contracts with its athletes to include at least 20% of
athletes with whom Bellator had an agreement between January
1, 2009 and the present, including any side letters or
agreements redacted of personally identifying information.
respect to Bellator cost and revenue information, Bellator
proposes producing unaudited quarterly profit and loss
statements through the quarter ending March 31, 2017.
Bellator represents that for periods prior to December 31,
2011, it may not be able to produce P&L data in precisely
the categories described in its proposed order because its
operations changed when Viacom acquired Bellator in October
2011. Bellator's proposed order outlines the quarterly
revenue information and expense information it proposes to
proposed order requests revenue and expense information to
include quarterly financial statements from specific sources
such as Pay Per View, television broadcasting agreements,
advertising, sponsorship, gate receipts, merchandizing and
other sources, and total fighter compensation. It also asks
for a list of all events by date and location for every MMA
event promoted or co-promoted by Bellator. For each event, it
proposes that Bellator be compelled to produce profit and
loss statements, or other financial statements showing all
revenue from specific sources such as Pay Per View,
television broadcasting agreements, advertising, sponsorship,
gate receipts, merchandizing and “other sources”,
and costs. Zuffa's proposed order requests quarterly
profit and loss statements for Bellator covering the period
from January 1, 2009, through the present, to include
“the same line-item detail as is maintained by Bellator
in the ordinary course of its business.” Zuffa's
proposed order also requests event level P&L statements
from January 1, 2009, through the present, for each event in
which Bellator contends UFC's allegedly anticompetitive
actions adversely impacted event revenues, viewership,
sponsorship, venue availability, or profitability.
carefully reviewed and considered the moving and responsive
papers and the arguments of counsel, IT IS ORDERED that:
Bellator's Motion to Quash Subpoenas (ECF No. 1) is
Bellator's Motion to Modify Subpoenas (ECF No. 1) is
GRANTED as set forth below.
Plaintiffs' Motion to Compel Documents (ECF No. 26) is
respect to the requests addressing fighter contract
documents, the parties' requests for production ...