The trial date for Mickelson v. PGA Tour, the antitrust lawsuit filed against the PGA Tour on behalf of LIV Golf, was set for Jan. 8, 2024 on Thursday.
U.S. District Judge Beth Labson Freeman also scheduled the arguments for summary judgment tentatively for July 13, 2023.
Phil Mickelson, Bryson DeChambeau and nine other golfers filed the lawsuit earlier this month, challenging their suspensions from the PGA Tour for playing in LIV Golf events without the PGA’s consent.
The other original plaintiffs were Talor Gooch, Hudson Swafford, Matt Jones of Australia, Jason Kokrak, Pat Perez, Peter Uihlein, England’s Ian Poulter and Mexico’s Abraham Ancer and Carlos Ortiz.
Lawyers representing LIV players said Thursday that two of the plaintiffs were dropping out. Ortiz previously confirmed through his agent that he was dropping out of the case.
Gooch, Swafford and Jones had sought a temporary restraining order against the PGA Tour that would have allowed them to compete in the FedEx Cup Playoffs. The trio had all earned enough points to qualify for the top 125 in the standings before they were suspended.
But Freeman heard the case in San Jose, Calif., last week and ruled in favor of the PGA, denying the golfers’ claim that “irreparable” financial harm was being done to them and pointing to the piles of money they accepted from LIV.
For Mickelson v. PGA Tour, LIV’s attorneys were looking for an earlier court date sometime during 2023.
“We have already been ambushed once in this case,” PGA Tour attorney Elliot Peters said, per Front Office Sports. “We would like an opportunity to get our ducks in a row.”
–Field Level Media