Hunt v. Zuffa, LLC et al

Filing 110

ORDER. IT IS HEREBY ORDERED that 68 , 71 the motions to dismiss the amended complaint are DENIED without prejudice to the defendants' ability to file new motions to dismiss 109 the supplemental complaint by 3/23/2018. Signed by Judge Jennifer A. Dorsey on 2/21/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Mark Hunt, 4 Case No.: 2:17-cv-0085-JAD-CWH Plaintiff 5 6 v. 7 Zuffa, LLC dba Ultimate Fighting Championship, et al., 8 Order Denying Motions to Dismiss [ECF Nos. 68, 71] Defendants 9 10 11 Plaintiff Mark Hunt sues Zuffa, LLC dba Ultimate Fighting Championship, its President 12 Dana White, and mixed martial artist Brock Lesnar, alleging various tort, contract, and statutory 13 claims. In May 2017, I granted in part the defendants’ motions to dismiss the original complaint 14 with leave to amend.1 Hunt filed an amended complaint, and the defendants moved to dismiss 15 it.2 Hunt then moved for and obtained leave to file a supplemental complaint.3 Hunt’s 16 supplemental complaint incorporates new and additional allegations into the previously operative 17 complaint. Because those additional allegations may have some bearing on the issues raised in 18 the pending motions to dismiss, and in an effort to avoid a second and separate set of motions 19 addressing the new allegations, I exercise my discretion to manage the docket, and I deny the 20 pending motions to dismiss without prejudice to the defendants’ ability to file new motions to 21 dismiss that incorporate and address the new, supplemental complaint by March 23, 2018. I 22 anticipate that defendants might need additional pages to address the new allegations, so good 23 24 25 26 27 28 1 ECF No. 63 (minutes); ECF No. 65 (transcript). 2 ECF Nos. 68, 71. 3 ECF No. 108 (order granting leave); ECF NO. 109 (supplemental complaint). 1 1 cause appearing, I sua sponte give defendants leave to exceed the 24-page limit4 for their 2 motions by 6 pages, and I similarly extend the plaintiff’s response page limit to 30. Accordingly, IT IS HEREBY ORDERED that the motions to dismiss the amended 3 4 complaint [ECF Nos. 68, 71] are DENIED without prejudice to the defendants’ ability to file 5 new motions to dismiss the supplemental complaint [ECF No. 109] by March 23, 2018. Dated: February 21, 2018 6 _______________________________ _________________ _ _ _ _ __ ____ __ U.S. District Judge Jennifer A. Dorsey rict Judge Jennifer A. t Judg if if r 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 L.R. 7-3(b). 2

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