Judge gives company suing Depot on Main until April 20 to show cause

A federal judge has given the company that filed a lawsuit against the Depot on Main until April 20 to show why its lawsuit accusing the bar of illegally showing an Ultimate Fighting Championship even in 2019 should not be dismissed.

Joe Hand Promotions, Inc. filed the lawsuit against The Depot on Main on Sept. 24, 2021 claiming that the Ultimate Fighting Championship 238: Cejudo v. Moraes, including all undercard bouts and commentary, was shown at The Caboose Sports Tavern on June 8, 2019.

In the lawsuit, the plaintiffs stated that they obtained the distribution rights for the event and entered into agreements with various commercial establishments throughout Kentucky that, for a fee, allowed them to exhibit the program for their patrons.

“However, Defendants chose not to contract with Plaintiff or pay a fee to Plaintiff to obtain the proper licenses or authorization,” the lawsuit states. “At no time did Plaintiff give Defendants license, permission or authority to receive and exhibit the Program in the Establishment.”

“By unauthorized satellite transmission or, alternatively, by unauthorized receipt over a cable system, Defendants willfully intercepted or received the interstate communication of the Program or assisted in such actions the plaintiffs contend. “Defendants then unlawfully transmitted, divulged and published said communication, or assisted in unlawfully transmitting, divulging and publishing said communication to patrons in the Establishment.”

In her order, Caldwell noted that the three defendants named in the case, The Depot on Main Fine Dining & Spirits, Inc.  d/b/a The Caboose Sports Tavern, Lisa Cradic and Billy Messer, had been served with their respective summons by Oct. 7.

“There has been no further activity in this case,” Caldwell noted giving Joe Hand Promotions 14 days from the entry of the order on April 6 to file a response showing cause as to why the lawsuit should not be dismissed.

“If plaintiff fails to respond to this order, this action will be dismissed,” Caldwell added.

As of Tuesday, nothing new had been filed with the court.