Sunday, January 7, 2018

Top Rank Files Motion for Summary Judgment in Middendorf-Crawford Contract Dispute

Attorneys for Top Rank have filed for summary judgment in the case brought against them by Middendorf Sports on the issues regarding the duration of the promotional agreement between Top Rank and Terence Crawford and release.  Middendorf is seeking payment for a number of Crawford bouts it claims it is owed pursuant to agreements it had with both Crawford and Top Rank.

For a recap of Middendorf's Second Amended Complaint please see this blog's summary.

District Judge John Gerrard, however, partially granted Top Rank's motion to file the summary judgment under seal to the extent that the moving papers and exhibits are only available to court users and the parties to the case.  Thus, the general public (and, it follows, the readers of this blog) do not have access to the documents.

As previously reported on this blog, this case was stayed in late October, 2017 as the parties tried to resolve it in mediation.  In early December, attorneys for Middendorf filed a Notice of Mediation Report informing the court that the mediation was held on November 27, 2017 and it was unsuccessful.  An Amended Final Progression Order was filed by the Magistrate Judge Susan Bazis setting the final discovery deadlines, including for Top Rank's motion for summary judgment re: the issue of duration of the Agreement and Release, which was to be filed by January 5, 2018.  Top Rank filed the motion on December 29, 2017.

Previous to all of this, in October 2017, Middendorf had attempted to file a Third Amended Complaint (which it also filed under seal).  Top Rank filed an opposition brief and Middendorf filed their reply brief, in which Middendorf dropped a cause of action from the Third Amended for tortious interference - all prior to the mediation stay.  Top Rank was allowed to file a sur-reply motion in late December.  The Court has not issued an opinion on whether Middendorf can file the Third Amended Complaint.

See many of the motions and orders mentioned below.

See Top Rank's Motion in Opposition to Middendorf's filing of a Third Amended Complaint:

See Middendorf's reply brief to Top Rank's Opp:

See Top Rank's Sur-reply:

See the Court's Progression Order:

See the Court's Order partially granting Top Rank's Motion to File under Seal its motion for summary judgment:

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