LIV Golf and the PGA Tour filed a joint motion to the U.S. District Court for Northern California on Sunday asking for a case management conference to discuss the possibility of delaying the current trial date or extending the discovery period in the ongoing antitrust suit.
The trial is being overseen by Beth Labson Freeman, U.S. District Judge. It is currently scheduled for January 2024. March 30 is the deadline for document discovery. The deadline for fact discovery is May 26.
Greg Norman’s lawyers, financially supported by the Public Investment Fund, argued that “the Tour exploits litigation delay to chokeoff air to LIV/players” and that the current timeframes were “not only feasible but crucial to the careers and viability of LIV (a legitimate competitor to it)”.
In August last year, eleven LIV Golf players, including Phil Mickelson, and Bryson deChambeau filed a federal antitrust suit against the PGA Tour. Players have joined and left the suit over the past six months. Now, only LIV Golf, DeChambeau and Matt Jones remain.
https://golfweek.usatoday.com/2022/08/03/11-liv-golfers-lawsuit-pga-tour/
Four key points are the core of the argument by PGA Tour. The joint motion:
- First, the Public Investment Fund of the Kingdom of Saudi Arabia (“PIF”) continues to refuse to comply with the Tour’s subpoenas of documents and testimony. This dispute is still unresolved, and will likely result in an appeal.
- The Tour requested permission to amend its counterclaims and to include Mr. Al-Rumayyan and PIF as counterdefendants. Recent documents have shown that they were central to tortiously interfering in the Tour’s contracts.
- Third, LIV, former and current player plaintiffs, as well as several third parties, have not produced key documents or, in some cases have not produced any documents at all.
- Fourth, Plaintiffs’ claim for an expedited case program has been significantly undermined by the fact that the case is now about two golf leagues and not about golfers.
The Tour lawyers stated that “Given current status of discovery (or lack thereof), Mr. Al-Rumayyan and PIF in particular, it’s not realistic for them to meet the current deadlines.” “In fact, PIF, Mr. Al-Rumayyan already indicated that they would not comply with any Court order requiring them to give discovery. Instead, they have indicated that they will continue their meritless defenses via lengthy appeals.”
The 2022 season was all about player movement. However, 2023 will be dominated by the many lawsuits in play. Patrick Reed, a media member and entity sued for defamation. A case involving LIV Golf players began Monday in London. It will be clarified whether LIV golfers can participate in DP World Tour events.
