Former Dallas Cowboys great Michael Irvin could be headed for a third court hearing in a quest to obtain the video of an incident that led to his suspension from NFL Network.
Marriott filed a motion to dismiss the $100 million lawsuit in Texas federal court on Monday, although it will more likely lead to another shift in venue for the case.
“There is absolutely no reason Marriott can’t produce the video and other basic information upon which they based their decision to start this unnecessary drama,” Levi G. McCathern, Irvin’s attorney, said in a statement. “No court order is required to do so. They say they were upset about it enough to ban Michael Irvin from the hotel and get him taken off the air, but they won’t show him the tape or give him ANY details about what the allegations are – not who, not what, not when, not even exactly where in the hotel.”
On Feb. 5, Irvin was accused of misconduct by a Renaissance Phoenix Downtown Hotel employee. Irvin was in town for the Super Bowl and was staying at the Marriott property.
Irvin first sued in a Texas state court before Marriott successfully moved the case to federal court, a shift that halted a judge’s order for Marriott to turn the video over to Irvin.
In Monday’s filing, lawyers for the hotel chain requested a dismissal on jurisdictional grounds or to “transfer the case to the U.S. District Court for the District of Arizona.”
“The good news is we have a great system in place in this country for resolving disputes. Whether we do it in Texas, Arizona, Delaware, or Maryland, I will ultimately be able to get the information for Michael,” McCathern said. “The question is, why won’t Marriott just give it to us now?”
On Tuesday night, Marriott filed a response for Irvin’s motion for expedited discovery.
“[Irvin] has not and cannot show that ‘good cause’ exists for the early discovery he seeks,” a Marriott attorney wrote in the filing. “He has identified no legitimate reason discovery should not proceed in the normal course.”