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Home Sections Sports For Mayweather, Partying Comes First as Manny Seeks Default Judgment
For Mayweather, Partying Comes First as Manny Seeks Default Judgment PDF Print E-mail
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Sections - Sports
Friday, 05 August 2011 19:17

 

 

By JOSEPH G. LARIOSA

(© 2011 Journal Group Link International)

  

C HICAGO (jGLi) – On July 9 and 10, 2011 in Atlanta, Georgia when Floyd “Money” Mayweather, Jr. was supposed to be “already in training camp and is intensely preparing for his upcoming” welterweight championship fight on Sept. 17 with Victor Ortiz at MGM Grand in Las Vegas, Nevada, photographers snapped a photo showing Mayweather “partying and burning what appears to be U.S. currency.”

 

On June 17 when Mayweather could not attend the deposition sought by Manny Pacquiao’s lawyers, Mayweather claimed that he would not be available for it because it would be “the week of the 20th” when he kicked off his media campaign to promote his fight. The press tour actually began not on June 20 but June 28, 2011.

 

Although the lawyers of Mayweather filed an Emergency Appeal of Judge (Robert J.) Johnston’s order denying the postponement of Mayweather’s deposition for three months or more and asked for oral argument to “explain the rigors of the intense training schedule,” Pacquiao’s lawyers still offered to depose Mayweather later in early and mid-July.

 

But Mayweather refused to participate in Court-ordered discovery because it interfered with his partying schedule, according to a 15-page motion for default and dismissal of Mayweather countersuit filed by Pacquiao’s lawyers led by David Marroso on Aug. 3rd.

 

On July 1—a date Pacquiao offered to depose Mayweather and Mayweather declined—Mayweather hosted a party at a nightclub (Club Primal) in Atlanta.

 

The next day, July 2nd, Mayweather encouraged fans to join him at “Club Eve” in Area hotel in Las Vegas.

 

On July 3rd, Mayweather attended an adults-only “Midnite Theme Park Party” at Circus Circus in Las Vegas to celebrate rapper (Curtis Jackson) “50 Cent’s” birthday.

 

Misled about Mayweather’s true whereabouts and commitments, Pacquiao offered to take the deposition “any day the week of July 12th, (but) Mayweather refused, claiming to be unavailable and accusing Pacquiao of ‘gamesmanship’ and intentional ‘interference’ with his fight preparations.”

 

The next day, July 6th, Mayweather stated point blank he was “already in training camp and is intensely preparing for his upcoming fight.”

 

But “these representations were demonstrably false. Within 72 hours, Mayweather traveled to Atlanta to host a pair of parties on July 9 and 10. Cameras capture Mayweather dancing, partying, and burning what appears to be U.S. currency,” court records show.

 

The next week, Mayweather traveled to Miami for a succession of social events.

 

On July 13—a date Pacquiao had offered for deposition and Mayweather refused—Mayweather was caught on film at yet another nightclub party.


Mayweather remained in Miami on July 14 and 15—two additional days Pacquiao had offered to take his deposition—and, on July 16, sent a message on the social networking website Twitter: “2nite I’m at club #Dream … It’s going 2 be crazy.” Later the same day, he sent out another message, “
Miami is going down 2nite … Money May always pack the spots.” Photographers captured Mayweather that night as well.

 

All these times that Mayweather refused to respond to discovery and paralyzing Pacquiao from prosecuting the case in court, Mayweather continues to make public, false assertions that Pacquiao used performance-enhancing drugs.

 

M arroso said, during an interview in January 2011, Mayweather stated: “When Manny gave blood before the first Morales fight, he lost. He didn’t give blood for the next two fights and he knocked Morales out with ease. A lot of times, people don’t realize, giving blood doesn’t make you weak. Not being able to juice because you have to give blood makes you weak.”

 

In May 2011, Mayweather bragged to reporters about a boxer under his tutelage: “Unlike Pacquiao, my fighters are all natural.”

 

During another interview in May 2011 Mayweather said, “so you going to say that [Pacquiao’s] able to go from 105 [lbs] to 154 [lbs], and ya’ll say you know what, ‘it’s all natural.’ That’s all I’m asking.”

 

On June 28, in discussing Pacquiao, Mayweather told reporters, “A guy can come from another country and do it, no problem, but when Barry Bonds does it, it’s hold on.” Readers knew exactly what Mayweather was implying— “Floyd compared Pacquiao to baseball’s polarizing figure Barry Bonds” and “Floyd’s referring to PEDs when saying ‘it.’”


And on July 20, Mayweather’s trainer, uncle and conspirator falsely said he “know[s]” Pacquiao is taking “steroids” because “Pacquiao’s camp told me.”

Marroso explained the need for Mayweather’s deposition because Mayweather possesses information that Pacquiao needs to identify additional witnesses, discovery and defendants, such as the identity of the person who made false statements to the New York Daily News.

 

Likewise, in March 2011, one of Mayweather’s close friends—a musician named Curtis Jackson (nickname “50 Cent”)—publicly described Pacquiao as “Steroid Pacquiao” on his Twitter account which is followed by 4-million people.


Pacquiao is entitled to depose Mayweather about his role, if any, in Mr. Jackson’s false statements to determine whether to amend or supplement the complaint to include new defendants and statements.


Mayweather’s conduct has irreparably harmed Pacquiao’s ability to prosecute this case.

 

Marroso asked the Court for (a) entry of default against Mayweather Jr. and (b) dismissal with prejudice of Mayweather Jr.’s counterclaim; and (c) an order requiring Mayweather Jr. to reimburse Pacquiao for attorneys’ fees in connection with Mayweather’s misconduct giving rise to this motion.


Pacquiao seeks this relief based on Federal Rule of Civil Procedure 37 and the Court’s inherent authority to manage its cases, control the docket, and protect the integrity of the judicial system. # # #

 

Editor’s Note: To contact the author, please e-mail him at: (lariosa_jos@sbcglobal.net)



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Last Updated on Saturday, 26 May 2012 06:25
 

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