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MMA in the Courthouse: UFC, Bellator, Roy Nelson, Roy Jones, and Roger Huerta

Jonathan Brookins. Photo via Bellator Fighting Championships

Luke Thomas posted yesterday on the lawsuit that Bellator filed against the UFC, Ultimate Fighter season 12 contestant Jonathan Brookins and his manager Mickey Dubberley. Today more of the story is emerging.

Kevin Iole gets Dubberley's side of the story:

"There are a few things with Bellator," said Dubberly, who said he thought Bellator was suing Zuffa as retribution for Zuffa's July 28 suit. "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."

MMA Junkie gets more from Bellator and Dubberley:

Rebney told MMAjunkie.com that he and matchmaker Sam Caplan had been hard at work trying to arrange bouts for Brookins, but Dubberly disagrees.

"That is a lie," Dubberly said flatly. "Jonathan hasn't fought for Bellator since April 3, 2009, so obviously Sam hasn't been trying too hard to get Jonathan fights.

"One fight in 13 months doesn't seem trying much for a fighter that you seem so fortunate to have. I got one call for Jonathan to fight from Bellator, and that was in May 2010 and on two-weeks' notice."

More in the full entry:

Star-divide

Dubberly also elaborates on his claim that Bellator match-maker Sam Caplan verbally released his client:

Dubberly insists Caplan verbally informed him of Brookins' release - as well as the release of another client, Joey Gorczynski, who fought just once under the Bellator banner.

"When I asked Sam about a fight for Jonathan Brookins and Joey Gorczynski back at the end of January - and both had open contracts under Bellator - Sam stated, 'Oh, we released both those guys, but maybe in the future they could fight for us again."

While Rebney today told MMAjunkie.com that any fighter released from Bellator receives written notice, Dubberly contends that's not true, either. After all, Gorczynski has since fought eight times for a variety of organizations with nary a peep from Bellator officials.

"Joey Gorczynski, who signed a five-fight deal, never got release forms," Dubberly said. "But Sam told me that Bellator released him, and he has fought for several different organizations since he fought for Bellator.

"Joey didn't even know he was released until I told him that Bellator released him. He never received any documents, and neither has my company."

This case has many interesting similarities to a case filed recently by Roy Jones, Jr and his Square Ring, Inc. promotion against Roy Nelson and the UFC. From FightOpinion:

Square Ring, Inc. claims that they signed Roy Nelson to a promotional contract. RJJ claims the contract gave Square Ring, Inc. first negotiation rights and matching offer ability to any deal Nelson got from other promoters. Then, while under contract, Nelson allegedly appeared at a Nevada event and talked with Marc Ratner of the UFC. Later on, RJJ claims that Nelson signed an ‘exclusive' contract with Zuffa and that this violated the SRI contract.

...Zuffa is seeking to separate itself from Nelson legally-speaking so that if Nelson loses in court that he will be the one liable for monetary damages.

It's interesting to me that there are multiple law suits currently filed involving fighters allegedly jumping ship on existing contractual relationships to take their chances on the Ultimate Fighter. I expect that Zuffa will attempt to extricate themselves from these suits and leave the fighters and their management teams to handle them alone.

It's also interesting that yet another fighter is apparently frustrated that they are not getting the fights from Bellator that they contracted for. Rumors are swirling that Roger Huerta is unhappy with Bellator for the very same reason although other reports in the past indicated that Huerta's hefty contractual asking price is scaring away other promoters that Bellator would happily lend him to such as Strikeforce.

Huerta's new-found online celebrity as a result of an Austin, Texas street brawl caught on video might help solve some of those problems as his marketability is presumably much higher than it was just three weeks ago. 

I can't help but think that Bellator's ever-increasing litigiousness and the growing list of fighters who are unhappy fighting under their banner will impact their efforts to recruit up and coming talent. 

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Bellator, for all the praise they receive, has the most draconian contracts in the entire business. I’m glad Sam isn’t with WAMMA anymore, but this just reads rotten.

And RJJ trying to get Roy Nelson’s money stinks – Nelson was good enough to show up at March Badness and lose a bullshit decision to Jeff Monson, and for his troubles, he gets to fend off a lawsuit.

When a true genius appears in the world, you may know him by this sign, that the dunces are in a confederacy against him. - Jonathan Swift
Contributor for WatchKalibRun.com
Still Subo at Fightlinker.com

by Derek Suboticki on Aug 11, 2010 11:30 AM EDT reply actions   1 recs

What's amazing to me

Is that a company who puts on 36 events in 2 years can’t seem to find fights for the guys they put on contract.

by Jason H. on Aug 11, 2010 1:50 PM EDT up reply actions  

Totally agree

" Real talk - A gorilla would shit kick Brock." – ElliotMatheny

by Day Man on Aug 11, 2010 2:21 PM EDT up reply actions  

But fighters are dumb!

When a true genius appears in the world, you may know him by this sign, that the dunces are in a confederacy against him. - Jonathan Swift
Contributor for WatchKalibRun.com
Still Subo at Fightlinker.com

by Derek Suboticki on Aug 11, 2010 2:31 PM EDT up reply actions   1 recs

That's why they have managers!

(Your line is: “But managers are untrustworthy fucks!”)

Don't believe a word I say, I don't train BJJ.
I blog at TangleBones - you should follow me on Twitter here.
If you like it, you should put a rec on it.

by jemaleddin on Aug 11, 2010 2:38 PM EDT up reply actions  

Fighters definitely need good people looking out for them.

Speaking of good people looking out for fighters… I thought Sam Caplan was all about looking out for fighters but now what he is doing is confusing to me. I mean when Sam was with WAMMA he was selling himself and WAMMA as something that was all about doing good for fighters but now his actions seem to go against that.

Just BE.

by mattman73 on Aug 11, 2010 3:12 PM EDT up reply actions  

Lol, yeah, we can’t expect these grown men to take care of themselves, right Nate?

by ufc4 on Aug 11, 2010 2:38 PM EDT via mobile up reply actions  

We also don’t expect business executives to be able to get into a cage and fight so I don’t know why the idea that the people with top end skills sets in one situation would be less likely to have them in a completely separate area is unfounded.

" Real talk - A gorilla would shit kick Brock." – ElliotMatheny

by Day Man on Aug 11, 2010 2:51 PM EDT up reply actions  

The part I don’t get is …when Bellator came to Brookin’s agent in May 2010 and offered a fight on 2 weeks notice…the idea that he was or was not under contract NEVER came up?

http://www.instrength.com

by Tim Burke on Aug 11, 2010 12:45 PM EDT reply actions  

smoogy posted a quote from the UG on the other post about this, but it’s not out of the question that they would get him to show up for the fight, then tell him that he was released from the previous contract and was now fighting for less

I hope that Bellator goes under for being fucking pimps and terminating my contract with one fight left in it.

I took a fight on a 2 day notice in April because I’m always the idiot that tries to be a team player and fight anyone at anytime when they ask. I left my moms house from Orlando at midnight to the Hard Rock in Hollywood, Florida.

Woke up at 7 am to get my medicals done (they said they would pay for it so cool right?!). My purse had to be a miserable $2500 and $2500 because I had a four fight deal with the company, but they changed it to $1500 and $1500.

Long story short, in January I talked to the company about fighting two more times for them to finish my contract, or to let me go so I go make money somewhere else, and Sam Caplan said that they wouldn’t use West Coast fighters this season, so I asked him for my release papers. He said he would send it to me, but he never did.

Back to the fighting day again! When I asked him to honor my purse like it said on the contract, he said that the email he had sent me was like a RELEASE or TERMINATION of my contract, which is bullshit because I have the email that says the he would send me the release form.

End of story I win my fight in a fucking war in my first fight at 85 against a huge guy that came down from 205 to find it that they even took out of my purse the money for my medicals that they said they would pay because I took the fight on such short notice.

Mikey Gomez

Everyone involved should be talking to this fighter, because he wasn’t given written release papers, and Bellator acted like they had released him by paying him less.

by Phildo on Aug 11, 2010 1:01 PM EDT up reply actions   1 recs

This. Please someone get an interview with Mikey Gomez.

Just BE.

by mattman73 on Aug 11, 2010 1:06 PM EDT up reply actions  

It looks to me like these very difficult to prove ‘verbal releases’ are a ploy by Bellator to keep guys under contract indefinitely without having to actually pay them.

Brookins manager should talk to other Bellator veterans who are fighting elsewhere and see if they were ever given a written release or whether they too were given one of these nebulous ‘verbal releases’. On the flip side, if I were managing a former Bellator fighter and did not have a release form, you can bet your ass I would hop on a flight and go meet Rebney/Caplan in person and demand that they produce paperwork to insure that my client is not next on the lawsuit parade.

by Steve4192 on Aug 11, 2010 1:12 PM EDT up reply actions  

and the existence of this lawsuit can allow those managers to start going after bellator for not giving people fights

by Phildo on Aug 11, 2010 1:17 PM EDT up reply actions  

I like the point about other fighters being verbally released. Because if the manager can show that other Bellator fighter’s have been verbally released then it hurts Bellator’s claims that they always send written notice.

Just BE.

by mattman73 on Aug 11, 2010 1:26 PM EDT up reply actions  

That doesn't surprise me at all.

Feel bad for the guy.

http://www.instrength.com

by Tim Burke on Aug 11, 2010 1:14 PM EDT up reply actions  

Not sure but this quote might explain that:

“When I asked Sam about a fight for Jonathan Brookins and Joey Gorczynski back at the end of January – and both had open contracts under Bellator – Sam stated, ’Oh, we released both those guys, but maybe in the future they could fight for us again.”

According to the manager they were given their verbal release in January but told by Sam that they maybe could fight for Bellator in the future. In May Bellator needed a fighter on 2 weeks notice and called to see if Brookins wanted it.

Just BE.

by mattman73 on Aug 11, 2010 1:02 PM EDT up reply actions  

Yes, but you’d think the agent would have the foresight to say something like “how much, same terms as the OLD contract?” or something along those lines.

http://www.instrength.com

by Tim Burke on Aug 11, 2010 1:14 PM EDT up reply actions  

Brookins was injured at that time and unable to take a fight at that time right? So if he was unable to take the fight no matter what because of injury then there was probably no reason to inquire about pay for the fight.

Just BE.

by mattman73 on Aug 11, 2010 1:23 PM EDT up reply actions  

This is true. Good point.

http://www.instrength.com

by Tim Burke on Aug 11, 2010 1:34 PM EDT up reply actions  

im in agreeance dude I had such high hopes for Bellator, they were a mix of name veterans and young up and comers and looked to have a really promising company…I guess this just further shows the gap in the UFC and other organizations

by DCJon. on Aug 11, 2010 1:29 PM EDT up reply actions  

This is avoidable though

There are no excuses for douchebaggery

by truck on Aug 11, 2010 2:25 PM EDT up reply actions  

it def is avoidable but for some reason these smaller organizations can’t seem to avoid it

by DCJon. on Aug 11, 2010 2:39 PM EDT up reply actions  

Running a business is hard.

And running a small business while competing with an entrenched company that’s profitable, respected, well-funded and ruthless is harder. It’s important to keep in mind just how little of the facts we know at this point, and I’m willing to give Bellator the benefit of the doubt for the moment.

At the same time, I’m reminded of an article I read about amusement parks years ago. They pointed out that none of them do much better than breaking even, no matter how high they raise ticket prices or how much they charge for Dippin’ Dots. The owner of a smaller park (not Cedar Point, but something like that) said something like, “You don’t get in this business to make money. You get in this business because you love it too much to do anything else.”

It’s nice when people with that kind of motivation can make money, and I would really like to see signs of that kind of love of the sport from any promotion. I honestly feel like I see that from the UFC, and I get glimmers of it from Strikeforce. Bellator still has a lot to prove, but they’ve shown a lot of heart so far, and I’d love to see them succeed.

Don't believe a word I say, I don't train BJJ.
I blog at TangleBones - you should follow me on Twitter here.
If you like it, you should put a rec on it.

by jemaleddin on Aug 11, 2010 2:52 PM EDT up reply actions   1 recs

It’s important to keep in mind just how little of the facts we know at this point, and I’m willing to give Bellator the benefit of the doubt for the moment.

Meh.

My sympathies are with the fighter, not with the promoters. If I’m going to choose a side based on limited information, I’m choosing Brookins side. Ditto for Big Country in his tussle with SRI.

by Steve4192 on Aug 11, 2010 3:06 PM EDT up reply actions  

Again I agree.

I find it hard to give Bellator the benefit of the doubt with Brookins because it sounds so similar to the issues Dave Herman and Mike Gomez has had with them. At some point it becomes about a pattern of behavior for Bellator and with 3 fighters now publicly acknowledging these same problems I have to start thinking the problem is Bellator.

Just BE.

by mattman73 on Aug 11, 2010 3:21 PM EDT up reply actions  

Like I said - I'm going to keep an open mind

It doesn’t cost me anything to change my mind. But believing that fighters are all good and promotions are all bad is silly.

Don't believe a word I say, I don't train BJJ.
I blog at TangleBones - you should follow me on Twitter here.
If you like it, you should put a rec on it.

by jemaleddin on Aug 11, 2010 3:32 PM EDT up reply actions  

It has nothing to do with ‘good’ and ‘bad’. It has to do with guys like Jon Brookins, Mikey Gomez, Dave Herman, & Jorge Masvidal struggling to make ends meet while Bjorn Rebney plays with their careers from his palatial estate. I’m always going to side with the little guy who could be financially ruined by a lawsuit over the big bad promoter who is using other peoples money to wage war via the courts.

I’ll gladly change my mind if/when the facts of the case warrant it, but my initial sympathies will always belong to the least powerful party who has the most to lose.

by Steve4192 on Aug 11, 2010 3:38 PM EDT up reply actions  

Palatial?

How Palatial?

Don't believe a word I say, I don't train BJJ.
I blog at TangleBones - you should follow me on Twitter here.
If you like it, you should put a rec on it.

by jemaleddin on Aug 12, 2010 9:09 AM EDT up reply actions  

For Bellator it seems to be all falling apart with their fighter relations and the more I learn about Bjorn Rebney the more I wonder about what’s going on behind the scenes with them. I like what Bellator has presented, it seemed they were in this for the long run and I don’t have any problem with them protecting their contracts but these same kinds of stories were popping up around Rebney when he was involved in boxing too. It’s really starting to look like a pattern.

by who me on Aug 11, 2010 4:24 PM EDT up reply actions  

I’m not saying what bellator is doing here is right, but it’s very difficult to run a successful business while shitting out rainbows and making all of your employees think that you are some sort of saint.

People need to get the idea out of their heads that some savior is going to come along and pay fighters tons of money and never have issues with anyone. If someone violates a contract, you have to hold them to it somehow.

by Phildo on Aug 11, 2010 3:03 PM EDT up reply actions  

Bellator

Draconian Contracts + provoking the tyrannosaurus + poor gates and Tv revenue= one fucked MMA promotion.

by MattParker117 on Aug 11, 2010 1:38 PM EDT reply actions   2 recs

LOL,

Kid Nate… you can’t say I didn’t warn you.

P.S. This is just the beginning ;)

by MMASuPreMaCy on Aug 11, 2010 3:52 PM EDT reply actions  

I thought Sam Caplan

was your boy.

Follow me on Twitter @KidNate

by Kid Nate on Aug 11, 2010 7:20 PM EDT up reply actions  

Nah, just another baseless claim thrown around in BE I guess. =D

P.S. I am still waiting for those EliteXC and Affliction paychecks everyone said I was getting…LOL

by MMASuPreMaCy on Aug 11, 2010 7:41 PM EDT up reply actions  

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