Kerwin v. Cage Fury Fighting Championships
United States District Court for the Eastern District of Pennsylvania
2015 WL 5092976 (2015)
Ryan Kerwin (plaintiff), the owner of Xtreme Caged Combat (Xtreme), filed an antitrust suit in federal district court against Rob Haydak (defendant) and Cage Fury Fighting Championships (CFFC) (defendant), alleging that Haydak and CFFC had conspired with certain mixed martial arts (MMA) promoters and various casinos (defendants) to prevent competitors, including Xtreme, from entering the MMA market in Philadelphia. During discovery, Kerwin sought information related to the defendants’ business agreements, non-compete agreements, relative market shares, and nature of their businesses. Kerwin also sought information related to CFFC’s roster of MMA fighters, fighter contracts, financial documents, profits, advertising materials and tickets, sponsor and employee lists, and videos of past MMA events. Finally, Kerwin sought the financial terms and contracts for every venue where CFFC had promoted an MMA event. Haydak and CFFC refused to provide the requested information. Kerwin moved to compel Haydak and CFFC to respond to specific interrogatories and requests for production of documents. Haydak and CFFC moved for a protective order to preclude them from having to respond to Kerwin’s requests, arguing that Kerwin sought the requested information to gain an unfair business advantage.
Rule of Law
Holding and Reasoning (Stengel, J.)
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