Battles Over Subpoenas, Discovery Still Dragging on in PGA Tour v. LIV Golf

A dispute over venues has developed in the continuing litigation.

On Wednesday, the PGA Tour filed a motion to transfer McKenna Advisor LLC’s motion to quash a third-party subpoena to the U.S. District Court in the Northern District of California, where the PGA Tour v. LIV Golf cases reside.

Since April 12, when McKenna filed a motion against the PGA Tour to quash the Tour’s third-party subpoena against McKenna, the two sides have been butting heads over discovery.

The Tour made a motion to transfer the case from the U.S. District Court for the Eastern District of Virginia to the Northern District of California, reasoning that judicial economy and the fact that the transfer would not impose any undue burden on McKenna should be enough for the court to transfer the case.

According to the Tour in court filings from April 26, McKenna, a Virginia-based consulting firm, since 2001 has advised the Public Investment Fund of the Kingdom of Saudi Arabia, Governor Yasir-Al-Rumayyan, LIV Golf and others involved with LIV on a myriad of issues including recruiting Tour members to play for LIV as well as helping with potential broadcasters, sponsors, vendors and public relations.

In November 2022, the Tour served documents and subpoenas to McKenna based on services outlined in a Work Order between LIV and McKenna, which the Tour acquired in discovery from LIV.

Since the subpoena was served in 2022, the Tour and McKenna have negotiated back and forth regarding the scope of the subpoena request.

A hearing is scheduled for May 12 where the two sides will argue about the motion to quash the Tour subpoena by McKenna in front of District Judge Rossie D. Alston Jr. in Alexandria, Va.

It’s likely that the transfer question will also come up and both issues could be disposed of at that hearing.