Zuffa, Couture Have Different Takes on Preliminary Injunction
Adam Swift Mar 4, 2008
Judge Jennifer Togliatti handed down the first ruling last Thursday
in the contentious Zuffa v. Randy Couture (Pictures) proceeding, issuing a preliminary
injunction barring Couture's participation in the IFL's event the
following day. However, the impact of the ruling is open to
interpretation and neither party has been shy about offering its
own version.
Zuffa characterized the ruling on UFC.com as "a preliminary injunction preventing Randy Couture (Pictures) and those acting in concert with him from violating Couture's contractual commitment not to promote competing mixed martial arts events."
The news release went on to state that the judge specifically
"agreed that it appeared Couture had violated his non-compete
agreement with Zuffa by promoting the International Fight League's
(IFL) upcoming event to be staged Friday, February 29, 2008."
Couture had a decidedly different take on the significance of the ruling. A statement released by Xtreme Couture on its Web site emphasized the ruling's narrow nature, applicable only to the Feb. 29 event, and the fact that the remedy was merely an expression of what Couture had already advised the court he was planning to do.
Judge Togliatti might have been persuaded to issue the injunction rather than just a stipulation -- despite the fact that the Feb. 29 event had largely become a non-issue by the court's own admission -- by an argument raised by Zuffa attorney Donald Campbell.
Campbell argued to the court that Couture was attempting a bait and switch, pulling the name "Xtreme Couture" from the Feb. 29 show only to attach it to the IFL's April 4 event in East Rutherford, N.J. Campbell offered as evidence the fact that the IFL's Web site is currently promoting Jay Hieron (Pictures) as an Xtreme Couture fighter for that event. The IFL first touted the presence of Hieron on its April 4 card in a press release on Feb. 13.
When pressed by Couture's counsel J. Stephen Peek as to why the injunction was being issued despite Xtreme Couture's voluntary withdrawal from the event, Judge Togliatti responded that she was afraid Couture or the IFL might change course and that, barring an injunction, she was concerned with the court's enforcement powers against non-parties after the hearing.
The parties will be back in court this Thursday for a hearing on preliminary discovery issues. Among the items on the agenda is a schedule for limited discovery. At the previous hearing, the judge suggested granting each side the right to take some limited discovery over the next three weeks. The subject of discovery would be confined to the non-compete clause at this time, specifically as it pertains to the IFL.
Zuffa is expected to ask for the right to depose Couture, and Couture will likely ask for the right to depose Dana White.
In its news release, Zuffa stated that its counsel is looking forward to deposing Couture about his "chronic and brazen violations of his contractual obligations to Zuffa."
Xtreme Couture's release also went on to explain the circumstances that lead to the gym asking that the IFL remove its name from the event in favor of Team Tompkins.
According to Xtreme Couture, a list of seven fighters was submitted to the IFL on Jan. 8. The IFL then informed them that while one of the fighters would be booked in a preliminary bout, none of the other fighters were suitable opponents for Mario Sperry (Pictures)'s team. As a result, Xtreme Couture said it decided to ask that its name be pulled from the event.
A league representative who asked not to be named said the IFL was concerned with the relative inexperience of the fighters submitted by Xtreme Couture.
On Thursday, Joe Favorito, the senior vice president of communications for the IFL released a statement saying, "Given the ongoing litigation between Extreme Couture and the UFC, we were asked by Extreme Couture Wednesday to not use the Extreme Couture camp name in our event this Friday. Out of respect for Randy and his team in this difficult situation, the camp will take the name Team Tompkins ... Shawn Tompkins (Pictures) is coaching this Friday as already announced ... for this Friday's event. The IFL is not in any way involved in this litigation, we are doing this out of professional courtesy for Randy and his group."
The three-man Team Tompkins ultimately included only one member of Xtreme Couture, Josh Haynes (Pictures). Xtreme Couture characterized the other two fighters on the team as members of American Top Team while the IFL maintained that they trained with Shawn Tompkins (Pictures).
Favorito told Sherdog.com that the IFL did not wish to comment further on litigation it is not a party to.
Adam Swift is the Editor of MMAPayout.com and a regular contributor to Sherdog.com.
Zuffa characterized the ruling on UFC.com as "a preliminary injunction preventing Randy Couture (Pictures) and those acting in concert with him from violating Couture's contractual commitment not to promote competing mixed martial arts events."
Advertisement
Couture had a decidedly different take on the significance of the ruling. A statement released by Xtreme Couture on its Web site emphasized the ruling's narrow nature, applicable only to the Feb. 29 event, and the fact that the remedy was merely an expression of what Couture had already advised the court he was planning to do.
"We don't believe that anyone with full knowledge of the facts
could consider this a victory," the release stated. "In fact, it is
a non-event."
Judge Togliatti might have been persuaded to issue the injunction rather than just a stipulation -- despite the fact that the Feb. 29 event had largely become a non-issue by the court's own admission -- by an argument raised by Zuffa attorney Donald Campbell.
Campbell argued to the court that Couture was attempting a bait and switch, pulling the name "Xtreme Couture" from the Feb. 29 show only to attach it to the IFL's April 4 event in East Rutherford, N.J. Campbell offered as evidence the fact that the IFL's Web site is currently promoting Jay Hieron (Pictures) as an Xtreme Couture fighter for that event. The IFL first touted the presence of Hieron on its April 4 card in a press release on Feb. 13.
When pressed by Couture's counsel J. Stephen Peek as to why the injunction was being issued despite Xtreme Couture's voluntary withdrawal from the event, Judge Togliatti responded that she was afraid Couture or the IFL might change course and that, barring an injunction, she was concerned with the court's enforcement powers against non-parties after the hearing.
The parties will be back in court this Thursday for a hearing on preliminary discovery issues. Among the items on the agenda is a schedule for limited discovery. At the previous hearing, the judge suggested granting each side the right to take some limited discovery over the next three weeks. The subject of discovery would be confined to the non-compete clause at this time, specifically as it pertains to the IFL.
Zuffa is expected to ask for the right to depose Couture, and Couture will likely ask for the right to depose Dana White.
In its news release, Zuffa stated that its counsel is looking forward to deposing Couture about his "chronic and brazen violations of his contractual obligations to Zuffa."
Xtreme Couture's release also went on to explain the circumstances that lead to the gym asking that the IFL remove its name from the event in favor of Team Tompkins.
According to Xtreme Couture, a list of seven fighters was submitted to the IFL on Jan. 8. The IFL then informed them that while one of the fighters would be booked in a preliminary bout, none of the other fighters were suitable opponents for Mario Sperry (Pictures)'s team. As a result, Xtreme Couture said it decided to ask that its name be pulled from the event.
A league representative who asked not to be named said the IFL was concerned with the relative inexperience of the fighters submitted by Xtreme Couture.
On Thursday, Joe Favorito, the senior vice president of communications for the IFL released a statement saying, "Given the ongoing litigation between Extreme Couture and the UFC, we were asked by Extreme Couture Wednesday to not use the Extreme Couture camp name in our event this Friday. Out of respect for Randy and his team in this difficult situation, the camp will take the name Team Tompkins ... Shawn Tompkins (Pictures) is coaching this Friday as already announced ... for this Friday's event. The IFL is not in any way involved in this litigation, we are doing this out of professional courtesy for Randy and his group."
The three-man Team Tompkins ultimately included only one member of Xtreme Couture, Josh Haynes (Pictures). Xtreme Couture characterized the other two fighters on the team as members of American Top Team while the IFL maintained that they trained with Shawn Tompkins (Pictures).
Favorito told Sherdog.com that the IFL did not wish to comment further on litigation it is not a party to.
Adam Swift is the Editor of MMAPayout.com and a regular contributor to Sherdog.com.
Related Articles
