Friday, September 3, 2010

Update on Zuffa hq-streams Dispute -- Zuffa Attempts to Serve Papers At A Parking Lot

As set forth in my post, Zuffa Gets Its Temporary Restraining Order Prohibiting Stream of UFC 118 at hq-streams.com, Judge Mahan of the United States District Court for the District of Nevada set a hearing for Zuffa's preliminary injunction motion for today at 10 a.m. 

According to the docket, defendant didn't file an opposition to the motion for a preliminary injunction, but Zuffa still put in a reply.  In the reply, Zuffa claims as follows (emphasis added):
Plaintiff served notice of the present lawsuit on Defendant via email on August 26,2010, in compliance with the temporary restraining order.  []  Upon receipt of the notice, Plaintiffs counsel's office received a response, presumably from Defendant, stating 'Sir We are not doing no UFC events nor will we ever do it again.'
Zuffa attached this email to its declaration in support of the motion.

Zuffa also filed an "affidavit of due diligence" from what appears to be a process server.  In the affidavit, the process server indicates that she was unable to serve the papers.  She also notes as follows:  "Supervisor [] 'Doe' stated that Subject is not known at said location. Location is a parking lot named 'Interpark.'

Given that defendant didn't oppose the motion for a preliminary injunction and given that Zuffa appears to have taken reasonable efforts to serve the papers (even if it was at a parking lot), Zuffa will likely get its preliminary injunction this afternoon.

Fight Lawyer