Manny Pacquiao Seeks Default Judgment in Mayweather Defamation Case
by Scott Christ on Aug 4, 2011 4:22 PM EDT
in Boxing News Analysis
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TMZ reports that Manny Pacquiao is now seeking a default judgment in his defamation case against Floyd Mayweather Jr and other parties, as Mayweather is allegedly continuing to come up with excuses to avoid deposition dates:
Manny filed the papers yesterday in Nevada as part of his defamation suit against Mayweather -- in which he claimed Floyd falsely accused Manny of using steroids.
According to the documents, Manny's camp offered up 24 dates for Floyd to be deposed -- but Mayweather kept coming up with excuses as to why he couldn't show up for any of them.
Manny claims Floyd often blamed his intense boxing training for the scheduling issues -- but says it's all BS ... because on many of the days Floyd said he was training, he was seen partying at various nightclubs in Vegas and Atlanta.
The suit was originally filed against Mayweather, his uncle Roger, his father Floyd Sr, and Golden Boy Promotions representatives Oscar de la Hoya and Richard Schaefer. Oscar and Schaefer were recently dropped from the lawsuit after de la Hoya offered a public apology, which has also led to their company again working with Top Rank to promote fight cards. But the Mayweathers are still on the hook, and at this point, the Pacquiao legal team is going ahead with trying to get the default, which they've threatened to do since June.
A default judgment would entitle Pacquiao to damages, of course, so this might make Mayweather drag himself into court, or it could be sort of what Mayweather would most prefer here: A fairly quiet end to the case that costs him only money and doesn't have him appearing in court.
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I feel like this can’t help Mayweather’s defense- I guess maybe he feels like he doesn’t want to be told what to do, but it seems like the wind is changing directions now. Like, when the defamation case was first being rumored most people felt like those charges are hard to prove, with such an emphasis on free speech in America and with the general distaste the public has with steroids. But, now, it seems like Mayweather Jr. is flagrantly avoiding his deposition.
Maybe nothing will come of this, and the dismissed charges will be considered some sort of feather in Mayweather’s cap, but if nothing else it makes me remember how Golden Boy’s Richard Schaeffer and other’s were suggesting Floyd wasn’t considering negotiating with Manny because he was taking his court dates seriously. Well, he’s scheduled a fight with Ortiz now, so there goes that idea. And, meanwhile, he could have easily wrapped up the defamation suit before scheduling his Ortiz fight, even if he has postponed the business about threatening his wife.
Dismissed Charges
A default judgment is not the same as a dismissed charge. It would mean FMJ had lost the case, and would have to make MP whole in some way, likely financial. When charges are dismissed, means the defendant won. A default judgment means the defendant lost. MP is seeking a default judgment.
There is no safety in numbers, or in anything else--James Thurber, 1939
damages
Manny would still need to prove he was damaged by the defamation to collect right? I don’t see how the accusations cost Manny anything in terms of money or reputation. Can any of the lawyers here shed some light?
by Tysox88 on Aug 4, 2011 7:15 PM EDT via mobile reply actions
It’s pretty unlikely that the judge would grant a default judgment based on discovery shenanigans. Default judgment is a very harsh remedy, and courts generally go through their list of other sanctions (fines, etc) before granting one.
by The Boxer Rebellion on Aug 5, 2011 8:21 AM EDT via mobile reply actions
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