As set forth in my previous post:
As you may recall, Mikey Burnett was a Season Four participant on the Ultimate Fighter (the "Comeback") who allegedly suffered a spinal injury while the show was in production and later sued TufGuy Productions, Inc., which produces the Ultimate Fighter, Ultimate Fighting Productions, LLC, Zuffa, and AIG, which allegedly insured him under an "accident" policy. Burnett has asserted claims for negligence, breach of contract (against AIG), and breach of the implied covenant of good faith and fair dealing (against AIG).As set forth in a Minute Order dated August 30, 2010, the settlement conference before the Magistrate Judge is now set for September 21, 2010.
For what it's worth, Tufguy Productions, Inc., Ultimate Fighting Productions, LLC, and Zuffa, LLC's motion for summary judgment --discussed briefly in my earlier post -- is still pending and fully briefed.
I highly doubt we will see a decision on the motion until after the settlement conference because the judge is unlikely to waste judicial resources and resolve a motion that could be rendered moot if the parties reach a settlement and, perhaps more importantly, if he granted the motion Burnett would lose leverage in the settlement negotiation as well as a contributing party to any potential settlement payment.
Fight Lawyer
