The UFC’s ongoing antitrust case continues to unfold, with a $335 million dollar settlement agreement denied by a judge on Tuesday.
Judge Richard Boulware has now set a tentative date of October 28, 2024 for a trial to commence in the case, a class action that is actually two lawsuits grouped together: the first brought by ex-UFC fighters Cung Le, Nate Quarry, and Jon Fitch, and a second, covering a later class period, initiated by Kajan Johnson.
Only the Le side of the case it set to begin trial later this year, with a case conference scheduled for August 19 that is likely to see dates finalized.
Previously, Judge Boulware had expressed concern over the amount fighters would receive from said settlement, noting that well over a billion dollars was on the table should the matter proceed to trial.
While that trial now has a date, the UFC and lawyers for the plaintiffs still have the option to reach a new settlement agreement, and it appears both sides are open to just that.
In a statement issued on Wednesday, Eric Cramer, lead attorney for the plaintiffs, suggested splitting the two cases in future settlement talks.
“Plaintiffs respect the Court’s ruling rejecting the proposed global resolution of the Le and Johnson cases, and accordingly will be moving forward full speed on all fronts as directed by the Court. We now plan on ramping up preparations in Le for the imminent trial, and also will begin pressing forward with discovery in Johnson,” wrote Cramer (h/t Josh Gross). “At the same time, with the interests of our clients and the classes at the forefront, we are also open to reengaging with the UFC to see whether the parties could reach a settlement building off of the momentum achieved in the prior settlement, but working to satisfy the Court’s expressed concerns within that resolution.”
“In particular, to eliminate several of the issues expressed by the Court regarding the prior proposed combined settlement of Le and Johnson, Plaintiffs believe the best path forward, if a new settlement becomes a possibility, is to attempt to resolve the two cases separately, focusing first on the Le case given its imminent trial date, and using the progress made as a jumping off point for further discussions.”
The statement goes on to read that the plaintiffs’ lawyers are “keeping an open mind with respect to a potential new resolution.”
The UFC, meanwhile, provided a glimpse into its mindset in a new SEC filing by parent company TKO Group. It highlights the October 28, 2024 tentative trial date for the Le side of the case.
Noting that the court issued its ruling and “denied the motion for preliminary approval of the settlement agreement,” TKO Group wrote that “the Company is evaluating all of its options, including, without limitation, an appeal, and has also initiated discussions with the plaintiff’s counsel, who have expressed a willingness to engage in separate settlement discussions for the Le and Johnson cases. A motion to dismiss the complaint in Johnson remains pending and no trial date has been set [for the Johnson case].”
