Hunt v. Zuffa, LLC et al

Filing 218

ORDER Granting 217 Stipulation to Extend Discovery Deadlines (First Request). Discovery due by 12/13/2022. Motions due by 1/13/2023. Proposed Joint Pretrial Order due by 2/13/2023. Signed by Magistrate Judge Cam Ferenbach on 8/26/2022. (Copies have been distributed pursuant to the NEF - TRW)

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CHRISTINA DENNING, ESQ. (CA Bar No. 211137)
[e-mail]
DENNING MOORES, APC
12526 High Bluff Drive, Suite 300
San Diego, CA 92130
T: 858.356.5610
F: 858.356.5508
BRIAN W. BOSCHEE, ESQ. (NV Bar No. 7612)
[e-mail]
JESSICA M. LUJAN, ESQ. (NV Bar No. 14913)
[e-mail]
HOLLEY DRIGGS
300 S. Fourth St., Suite 1600
Las Vegas, Nevada 89101
T: 702.791.0308
F: 702.791.1912
Attorneys for Plaintiff Mark Hunt

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK HUNT, an individual,

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Plaintiff,

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v.
ZUFFA, LLC d/b/a ULTIMATE FIGHTING
CHAMPIONSHIP, a Nevada limited liability
company; BROCK LESNAR, an individual;
DANA WHITE, an individual, and DOES 1-50,
inclusive,

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Case No.: 2:17-cv-00085-JAD-VCF
STIPULATION TO EXTEND DISCOVERY
DEADLINES
FIRST REQUEST1

Defendants.

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Pursuant to LR IA 6-1, LR IA 6-2, LR II 7-1, and LR II 26-3, Plaintiff Mark Hunt

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(“Plaintiff”), by and through his undersigned counsel, Defendant Brock Lesnar (“Lesnar”), by and

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through his undersigned counsel, and Defendants Zuffa, LLC (“UFC”) and Dana White (“White”),

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by and through their undersigned counsel, hereby stipulate, contingent upon this Court’s approval

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to extend the remaining discovery deadlines set forth in the Court’s Scheduling Order (ECF No.

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215). This is the parties’ first request to extend the subject deadlines.

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This is the parties’ first request for an extension of the deadlines set forth in the Court’s
Scheduling Order entered post-remand (ECF No. 215).

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A.

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In addition to the voluminous written discovery that the parties exchanged and responded

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to prior to the appeal, the parties have completed the following further discovery post-remand:
Date
3/18/2022
3/23/2022
5/20/2022

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7/6/2022
7/15/2022
8/4/2022
8/15/2022
8/16/2022
8/18/2022

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The Discovery Completed to Date:

Discovery Event
UFC served a subpoena for documents to non-party USADA
Lesnar served Interrogatories, Requests for Production, and Requests for
Admission on Plaintiff
Plaintiff responded to Lesnar’s Interrogatories, Requests for Production, and
Requests for Admission
Plaintiff served a subpoena for documents to non-party USADA
The parties disclosed their Initial Designation of Expert Witnesses
Plaintiff served Requests for Production to UFC (responses not yet due)
Plaintiff disclosed his Initial Expert Reports
UFC noticed Plaintiff’s deposition (September 16, 2022)
Parties confirmed deposition dates for White and non-party Jeff Novitzky (10/2728, Notices forthcoming)

In addition to the above events, the parties have engaged at length regarding counsel’s and
the parties’ availability for depositions, as well as the depositions of certain additional non-parties.
Given various scheduling conflicts amongst counsel and the parties (and non-parties), as well as
the parties’ ongoing disagreement regarding the propriety of certain non-party depositions, the
parties anticipate the need for an extension of the discovery deadline to accommodate the
remaining depositions that remain outstanding. This includes the depositions of Defendant White
and non-party Jeff Novitzsky, which depositions are already scheduled to take place after the
current close of discovery by necessity of the parties’ and counsel’s respective availability.

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B.

The Discovery that Remains to be Completed:

Discovery that remains to be completed includes the depositions of each of the parties and
certain non-party percipient witnesses. Additional written discovery may also be appropriate.
C.

The Reasons Why Specified Discovery Has Yet to Be Completed:

As stated above, the parties have had difficulty identifying dates, times, and locations that

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work for all of the parties (and non-parties) and their counsel to take depositions in this matter.

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This difficulty is exacerbated by Plaintiff’s residence in Australia, and by each of the parties’

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uniquely busy travel and work schedules. However, the parties have already begun to identify

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dates that are workable and issued Notices of Deposition accordingly. As such, the parties are

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requesting an extension of the discovery deadline sufficient to accommodate the various

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depositions sought by the parties.

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D.

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By this stipulation, the parties agree and request a sixty-day extension of the following

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deadlines (adjusted as necessary for holidays or weekends) set forth in the Scheduling Order (ECF

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No. 215):

A Proposed Schedule for Completing All Remaining Discovery:

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Discovery Event
Amending Pleadings / Adding Parties
Discovery Completion
Initial Disclosure of Experts
Initial Disclosure of Expert Reports
Rebuttal Expert Opinions
Dispositive Motions
Pre-Trial Order

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E. Good Cause

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Current Deadline
July 18, 2022
October 14, 2022
July 15, 2022
August 15, 2022
September 14, 2022
November 14, 2022
December 14, 2022

Extended Deadline
No change
December 13, 2022
No change
No change
No change
January 13, 2023
February 13, 2023

If dispositive motions are filed, the deadline
for filing the joint pretrial order will be suspended until 30 days after
decision on the dispositive motions or further court order.

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Pursuant to LR IA 6-1(a) and LR II 26-3, good cause exists to extend the deadlines under

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the Scheduling Order, as the parties have been diligently cooperating to identify dates and locations

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for the various depositions that must be taken in this matter. Despite various scheduling conflicts

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amongst counsel and the parties alike, the parties have begun to select firm dates for certain

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depositions and request the instant extension to accommodate those dates.

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IT IS SO AGREED AND STIPULATED.

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Respectfully submitted this 24th day of August 2022.

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HOLLEY DRIGGS

CAMPBELL & WILLIAMS

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/s/ Jessica M. Lujan
Brian W. Boschee, Esq. (NBN 7612)
Jessica M. Lujan, Esq. (NBN 14913)
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101

/s/ J. Colby Williams
J. Colby Williams, Esq. (NBN 5549)
Donald J. Campbell, Esq. (NBN 1216)
Philip R. Erwin, Esq. (NBN 11563)
710 S. Seventh Street, Ste. A
Las Vegas, NV 89101

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And
Attorneys for Defendants Zuffa, LLC and
Dana White

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Christina Denning, Esq.
DENNING MOORES, APC
12526 High Bluff Drive, Suite 300
San Diego, CA 92130

CHRISTIANSEN TRIAL LAWYERS
/s/ David Olsen
Peter S. Christiansen, Esq. (NBN 5254)
Kendelee L. Works (NBN 9611)
710 S. Seventh Street, Ste. B
Las Vegas, Nevada 89101

Attorneys for Plaintiff Mark Hunt

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And

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David Olsen, Esq. (pro hac vice)
HENSON & EFRON, P.A.
225 South Sixth Street, Suite 1600
Minneapolis, MN 55402

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Attorneys for Defendant Brock Lesnar

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE /
UNITED STATES MAGISTRATE
JUDGE

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DATED:

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8-26-2022

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CERTIFICATE OF SERVICE

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Pursuant to Federal Rule of Civil Procedure 5 and the Court’s Local Rules, I hereby

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certify that on August 24th, 2022, a copy of the foregoing document titled STIPULATION

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TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST) was efiled/emailed to

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all parties and their counsel.

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J. Colby Williams, Esq.
Donald J. Campbell, Esq.
Philip R. Erwin, Esq.
CAMPBELL & WILLIAMS
710 S. Seventh Street, Suite A
Las Vegas NV 89101

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Attorneys for Defendants Zuffa, LLC
& Dana White

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Peter S. Christiansen, Esq.
Kendelee L. Works, Esq.
CHRISTIANSEN TRIAL LAWYERS
710 S. Seventh Street, Suite B
Las Vegas NV 89101

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&

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Howard L. Jacobs, Esq.
Law Offices of Howard L. Jacobs
2815 Townsgate Road, Suite 200
Westlake Village, CA 91361

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&

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David B. Olsen, Esq.
HENSON & EFRON PA
225 S. Sixth Street, Suite 1600
Minneapolis MN 55402

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Attorneys for Defendant Brock Lesnar

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/s/ Sandy Sell
An employee of HOLLEY DRIGGS

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