As Sportico first reported on Tuesday, the lawsuit brought last August by 11 LIV golfers against the PGA Tour would soon have no golfers.
On Thursday evening, that became a reality.
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Attorneys for Matt Jones and Bryson DeChambeau—the last two LIV golfers in the case—filed a four-page voluntary dismissal with prejudice in a California federal court. The “with prejudice” means Jones and DeChambeau cannot refile their claims at a later date.
The lawsuit is now LIV Golf against the PGA Tour, which, in turn, has counter-sued LIV as well as the Public Investment Fund of the Kingdom of Saudi Arabia (PIF), which backs LIV Golf, and PIF’s governor, Yasir Othman Al -Rumayyan.
Originally in the lawsuit, LIV golfers sued the PGA Tour on the theory that it has monopolistic control over the market for elite golfers to sell their services. The PGA Tour flatly rejects that argument, pointing out that those same golfers have earned substantially more money playing for LIV and contractually accepted obligations to the PGA Tour as part of their memberships.
The case has since morphed into a dispute where LIV contends the PGA Tour has too much control over the elite golf market, while the PGA Tour maintains LIV and other parties unlawfully interfered with the PGA Tour’s golfer contracts. Meanwhile, the parties from Saudi Arabia are appealing to the Ninth Circuit over their objections to complying with subpoenas in the US
On Tuesday LIV Golf wrote that the golfers are withdrawing because they wish to focus on their careers and will let LIV handle the legal issues. The PGA Tour, however, says the withdrawals are telling and undermine LIV’s contention the litigation must move swiftly to prevent financial or reputational injury to the golfers.
Earlier this month, Peter Uihlein dropped out of the case after being sent a notice of a deposition by the PGA Tour, which likely intended to ask Uihlein how LIV and Saudi officials recruited him and what he and other golfers were promised if they breached their PGA Tour contracts to the PGA Tour. It’s possible Jones and DeChambeau withdrew for similar reasons given the court’s schedule for depositions; the notice of dismissal offers no explanation.
These golfers are still potentially subject to pretrial discovery requests as witnesses and may need to answer questions under oath. However, withdrawing as plaintiffs likely reduces or eliminates the risk of near-term questioning.
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