Aug 05 2011
Pacquiao Asked Court to Issue Default Judgment Against Mayweather
The legal battle between Manny Pacquiao and Floyd Mayweather Jr. continues. Both parties are using all legal remedies to win the steroid defamation case. Floyd Jr., in his effort to delay the proceedings, filed a motion to postpone his deposition. However, it was denied by the Nevada court and also lost his appeal.
The court contends that Floyd Jr. did not present any legal basis why he should not be forced to appear in court to testify. The lawyers of Floyd claim that their client is busy training for the Mayweather-Ortiz fight. This excuse was not accepted by the court.
Default Judgment to End the Steroid Defamation Case
After the long wait, Pacquiao’s lawyers now wants to end the case by asking the court to issue default judgment against Floyd Jr. Daniel Petrocelli, Pacquiao’s legal counsel in the US, asked the US District Court in Nevada yesterday to issue a default ruling on the steroid defamation suit filed against Floyd Jr., his father, and uncle Roger Mayweather.
Pacquiao’s lawyers believe that the continued refusal and disregard of a court order by Floyd Jr. is enough for the judge to issue the ruling. “Judges can and do issue defaults against parties who do not obey their orders and won’t participate in the discovery process according the rules. And you forfeit your opportunity to be a litigant when you defy the rules,” Petrocelli told USA Today
Floyd Jr. Seen Partying While Avoiding Deposition
Before a judgment can be obtained, the defendant will be allowed to answer the motion filed by Pacquiao’s camp. However, this would become more difficult for the lawyers of Floyd Jr. to defend their client. Based on the court filing, Pacquiao’s lawyer provided evidences that prove Floyd Jr. is not interested appearing in court. Floyd Jr. was given at least 24 dates to make his deposition but these were all rejected. He cited that the training and promotion of his fight hinders him to make any court appearances.
But there were documents proving that Floyd Jr. was busy partying in various parts of the country particularly in Nevada and Atlanta. Photos showed that he is not training during those 24 dates that he claims he is on training.
$10 Million Moral Damages
Pacquiao is asking more than $10 million for moral damages. Floyd Jr. and his camp accused Pacquiao of using anabolic steroids. This started when promoters arranged a mega fight between the two great boxers. Floyd Jr also asked Manny Pacquiao to undergo Olympic style blood testing to prove that he is not doping.
No More Hindrance in the Pacquiao-Mayweather Fight
Boxing promoter Bob Arum told BoxingScene recently that there are no more hindrances in the Pacquiao-Mayweather fight. He made the announcement even if the steroid defamation case has still to be settled. According to Arum, Pacquiao already agreed to the 50-50 share in the fight purse.
Drug testing is not an issue anymore according to the boxing promoter. Pacquiao already agreed to Olympic style blood testing. Arum clarified the news that he doesn’t like USADA to administer the blood testing on Pacquiao if ever the mega fight happens. “USADA can only handle drug testing in the United States. The USADA can’t go to the Philippines, and that’s where Manny will do the 1st part of his training camp,” said Arum. A WADA accredited laboratory in the Philippines will handle the preliminary tests instead.
Plans May Still Change
Even if Arum is optimistic that the Pacquiao-Mayweather fight will happen, other factors may still derail the negotiations. Floyd Mayweather Jr. is still fighting Victor Ortiz on September 17 while Manny Pacquiao is scheduled to fight Juan Manuel Marquez on November 12.
And lastly, if the steroid case will continue up to 2012, a bout between the two rivals may not materialize.
[...] fight between Floyd Mayweather Jr and Manny Pacquiao may not happen in 2012. Some boxing analysts say the probability is less than 50% if we will base [...]