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MMA promotion Combate Global, LLC filed a motion to dismiss the lawsuit brought against them by former WWE and Impact Wrestling Champion Jose Alberto Rodriguez Chucuan aka Alberto el Patron in the breach of contract lawsuit brought against them before the United States District Court for the Southern District of New York on 10/10.
In the lawsuit, Patron alleges that he is owed $250,000 for his December 2019 MMA fight against Tito Ortiz and that the promotion maintained control of his social media accounts even though his relationship with the company ended. Combate's 85-page motion to dismiss on 10/10 claimed that Patron's lawsuit featured a "lack of subject matter jurisdiction and for failure to state a claim."
Judge Cathy Seibel denied the motion on 10/12, citing that she would take up the discussion during a hearing on 11/12 after giving Patron's side a chance to respond to the motion by 11/5.
In the lawsuit, which was filed this past July, Patron alleges he signed an agreement with the company in September 2016 to become a “co-spokesman, color commentator, roving reporter, pre-fight and post-fight interviewer, on-camera personality, liaison for fighter relations and brand ambassador" for Combate Americas LLC, as the company was then known.
The lawsuit noted, "The Agreement stated that compensation for Plaintiff Jose Alberto Rodriguez Chucuan, Inc. was for two-hundred fifty thousand dollars ($250,000.00) for the first year, to be paid monthly ($20,833.34 per month). If Mr. Rodriguez appeared as an on-camera, ringside commentator for televised or pay-per-view events, then Plaintiff Jose Alberto Rodriguez Chucuan, Inc. received another ten thousand dollars ($10,000.00) per event."
The two sides extended their deal for eight additional months, then agreed to extend for another two years beyond the initial term, one year at a time with the lawsuit noting, "The Agreement and the Amendment would total $883,333.36 ($83,333.36 for the first four months, $200,000 for the final eight months of the first term, then $600,000 for the final two years)." The lawsuit states that Patron "performed all duties and services; and Defendants did not complain about the quality of those duties and services."
The lawsuit states that the agreement was terminated in July 2017 but two months later, Combate made an offer for him to fight Tito Ortiz with the agreement being he'd be paid $500,000 to promote the fight and another $250,000 to fight. Alberto fought (and lost) to Ortiz and alleges the company has not paid him the $250,000 payday for the actual fight and have ignored invoices for the payment.
As part of the promotion for the fight, Patron alleges he gave Combate access to his social media accounts and "now that the parties have no working relationship, the Defendants refuse to answer questions about the social media accounts."
Patron is suing for breach of contract, unjust enrichment, conversion (for not turning over the social media accounts) seeking:
*compensatory damages in the amount of $250,000.00 for Defendant’s breach of contract, or quantum meruit or unjust enrichment
*Interest of at least $26,250.00 due and owing from and after December 31, 2019 calculated as follows through April 15, 2021, and as determined by the Court for the days following April 15, 2021 up to the date judgment is rendered: 7% interest of $26,250.
*For an award of Plaintiffs’ costs and reasonable attorney’s fees;
*To return control of all social media accounts to Plaintiffs.
*For such other and further relief as may be just and proper.
Patron is not asking for a jury trial.
Combate's motion was their first response to the lawsuit. The promotion has regular live cards on Paramount+.
Patron, meanwhile, is slated to stand criminal trial on 10/25 in El Paso.
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