On Tuesday Bellator filed suit in a federal court in New Jersey, alleging Zuffa used a fighter Bellator claims it has under exclusive promotional contract as part of the cast on “The Ultimate Fighter.”
Bellator’s suit also includes fighter Jonathan Brookins, who is part of the cast of the upcoming TUF 12, and Brookins’ manager, Mickey Dubberly. It accuses all defendants of tortious interference in its promotional agreement with Brookins. It also accuses Zuffa of fraud, Brookins of fraud, breach of contract and misrepresentation and Dubberly of fraud and misrepresentation.
As part of the suit, Bellator included its promotional agreement with Brookins, which was signed March 4, 2009. However, Dubberly said the signature “doesn’t look like Jonathan’s signature.”
According to the suit, Bellator attempted to book Brookins for a fight and contacted Dubberly. However, the complaint alleges that “Dubberly misrepresented Brookins [sic] status, claiming that Brookins was injured and could not fight. He at no time disclosed that Brookins was fighting covertly for Zuffa.”
Dubberly, though, said he had a conversation with Bellator matchmaker Sam Caplan in either late January or early February of this year to discuss a potential match between Josh Neer, a Dubberly client, and Bellator star Eddie Alvarez. That fight occurred on May 6. As part of the conversation with Caplan about the Neer-Alvarez match, Dubberly said he asked Caplan about getting fights for two of his other clients, Brookins and Joey Gorczynski.
“When I was talking to Sam about making a fight for Josh against Eddie Alvarez, I told him I had Joey and Jonathan and wanted to see if there was anything he could do for them, and he said to me, ‘Oh, didn’t you know? We released them?’ ” Dubberly said. “I hadn’t heard of it and I called Joey and asked him, and he said, ‘I didn’t know I was released.’ So there is an issue there.”
Bellator attorney Patrick English said Caplan denied telling Dubberly that Bellator had released Gorczynski and Brookins. English said Caplan has been in contact with Dubberly, actively trying to make fights for Brookins, and claimed his suit had more merit than the UFC’s.
Dubberly also questioned the authenticity of the contract that Bellator has.
“There are a few things with Bellator,” said Dubberly. “For one, I don’t know what contract they have. When I asked Sam, their matchmaker, for Jonathan’s contract, he sent me the last page, the signature page, the signature there doesn’t look like Jonathan’s signature. “Number two, when I told him I needed the full contract, he emailed a 25-page contract from Bellator’s attorney, Patrick English. It was a PDF and there were no initials on it and no [facsimile] marks on it. Jonathan signed the contract about 15 months ago, and Patrick English wasn’t working for Bellator.”