Case 1:15-cv-07624-KMW Document 31 Filed 11/07/15 Page 1 of 2

250 WEST 55TH STREET

NEW YORK, NY 10019-9601
TELEPHONE: 212.468.8000
FACSIMILE: 212.468.7900

MORRISON

FOERSTER LLP

BEIJING, BERLIN, BRUSSELS, DENVER,

HONG KONG, LONDON, LOS ANGELES,
NEW YORK, NORTHERN VIRGINIA,
PALO ALTO, SACRAMENTO, SAN DIEGO,
SAN FRANCISCO, SHANGHAI, SINGAPORE,
TOKYO, WASHINGTON, D.C.

WWW.MOFO.COM

November 7, 2015

Writers Direct Contact

+1 (212) 468.8203
JLevitt@mofo.com

Via ECF
Hon. Kimba M. Wood
United States District Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007-1312
Re:

Zuffa, LLC v. Schneiderman, 15-cv-7624 (S.D.N.Y.)

Dear Judge Wood:

I write on behalf of Plaintiff to respond to Defendants letter motion requesting three
more weeks, in addition to their previously granted four week extension, to file papers in
opposition to Plaintiffs September 29, 2015 Motion for a Preliminary injunction. I am in
trial on the west coast and did not hear Mr. Schwartzs message yesterday until late in the
afternoon and, thus, was unable to respond to him before his letter was filed.
Plaintiffs counsel is saddened by the news regarding Mr. Schwartzs wife and we are
holding his family in our thoughts. Given the circumstances, Plaintiff consents to
Defendants proposed extension of time.
I write, however, to explain the difficult timing issues that arise in light of this second
extension. On September 28, 2015, Plaintiff filed this lawsuit alleging that New Yorks
Combative Sport Law (CSL) and Liquor Law are unconstitutionally vague as applied to
professional mixed martial arts (MMA) events. The next day, Plaintiff filed a Motion for a
Preliminary Injunction. That motion seeks to enjoin Defendants from enforcing the CSL and
Liquor Law to prevent Plaintiff Ultimate Fighting Championship (UFC) from promoting
live professional MMA events sanctioned by a statutorily exempt sanctioning organization
during the pendency of this litigation.
In light of concerns expressed by this Court regarding standing in a predecessor
challenge to the CSL action, the UFC entered into a license agreement with Madison Square
Garden (MSG) to hold a professional MMA event at MSG on April 23, 2016. This event
will be sanctioned by the World Kickboxing Association, one of the organizations authorized

ny-1206922

Case 1:15-cv-07624-KMW Document 31 Filed 11/07/15 Page 2 of 2

Judge Kimba M. Wood

November 7, 2015
Page Two
by the CSL to sanction martial arts events in New York. This is the first firm date for a
professional UFC event ever scheduled at MSG.
On October 9, 2015 [ECF No. 25], this Court so-ordered the parties stipulated
briefing and answer schedule. The briefing schedule was carefully negotiated by the parties
to ensure that despite Defendants extension, the Court would have sufficient time to
consider and rule on Plaintiffs motion by January 2016. A ruling after January 2016 would
not provide the UFC and MSG sufficient time to finalize and then market the scheduled
April event. It is not the case that the MSG license agreement and sanctioned event easily
could be rescheduled. As the declarations submitted with the motion make clear, planning an
event at MSG is a substantial undertaking, involving numerous costs and contractual
obligations. The UFC has begun preparation for this event. If the Attorney Generals two
extensions prevent the Court from ruling in time, it is not evident when the next date will be
available from MSG. The UFC will thus suffer tangible injury if these extensions delay
resolution of the motion beyond January 2016.
Plaintiff filed its preliminary injunction motion seven months prior to the April 2016
date scheduled for the event in order to provide ample time for the parties to brief, and this
Court to resolve, the motion by early 2016. Thus, although Plaintiff readily consents to
Defendants additional extension given the regrettable circumstances, Plaintiff remains
hopeful thatdespite this further extensionthe motion still can be resolved in time to
move forward with the event.
Respectfully Submitted,
/s/ Jamie A. Levitt
cc: All Counsel of Record (via ECF)

ny-1206922