by Ronnie Nathanielsz
Can Floyd Mayweather get a deal done with Manny’s camp?
Manny Pacquiao is obviously doing everything possible to entice Floyd Mayweather, Jr. to fight him and give millions of boxing fans around the world the battle they have been yearning for over the past three years.
In the latest development which indicates a smoothening out of often testy relations between the two sides, Pacquiao and Mayweather, Jr. as well as his father, Floyd Mayweather, Sr. and Mayweather Promotions have settled the defamation lawsuit that Pacquiao filed against the Mayweathers over allegations made at various times that the eight division world champion was on performance enhancing drugs.
A similar lawsuit filed by Pacquiao against Golden Boy Promotions Oscar De La Hoya and CEO Richard Schaefer was also settled some months ago but the terms of the settlement were confidential.
De La Hoya and Schaefer issued a statement following the settlement which said that they “wish to make it crystal clear that we never intended to claim that Manny Pacquiao has used or is using any performance enhancing drugs, and further stated that we do not have any evidence whatsoever of such use.”
The statement added, “Manny Pacquiao is one of the greatest fighters of all time, and we apologize if anyone construed our prior remarks as in any way claiming or even suggesting that Manny uses or has used performance-enhancing drugs.”
Retired Judge Daniel Weinstein who has acted as mediator since the first contractual showdown between Golden Boy Promotions and Top Rank Promotions over Pacquiao having signed a contract with Oscar De La Hoya and having supposedly received $250,000 when Arum claimed he was contractually tied up with Top Rank, has remained the steadying hand and guiding light in the various controversies between the two sides.
In the latest episode, Judge Weinstein was able to once again effectively resolve the defamation lawsuit filed by Pacquiao against Mayweather, his father and Mayweather Promotions on the accusation that Pacquiao was on performance enhancing drugs.
A statement from the office of Judge Weinstein stated that they had “settled the defamation lawsuit between themselves on confidential terms.”
In a statement similar to the one crafted in the De La Hoya and Schafer defamation lawsuit, Floyd, his father Floyd, Sr. and Mayweather Promotions publicly stated that they “wish to make it clear that they never intended to claim that Manny Pacquiao has used or is using any performance enhancing drugs, nor are they aware of any evidence that Manny Pacquiao has used performance enhancing drugs. Manny Pacquiao is a great champion, and no one should construe any of our prior remarks as claiming that Manny Pacquiao has used performance enhancing drugs.”
The settlement appeared to hinge on the willingness if not the initiative of Pacquiao because last August 1, Pacquiao’s top-notch lawyer, Atty. David Marroso, informed us that “discovery closed at the end of August. No trial date was set but we hope to meet with the Court to get trial schedule by the end of this year, if not sooner.”
In what was considered an initial victory for Pacquiao, Mayweather Jr was ordered to pay over $113,000 for dodging a deposition several times on the charges of defamation filed against him by Pacquiao.
Tim Hull of Courthouse News said Pacquiao claimed Mayweather “ defamed him by telling journalists and others that Pacquiao uses performance-enhancing drugs” and that when the undefeated Mayweather was “supposed to sit for deposition between June and October last year, he never showed.”
Atty. Marroso had demanded sanctions against Mayweather and informed the court the fighter was “photographed at nightclubs across the country, dancing, drinking and burning money, all while claiming that he was too busy training.”
Marroso told the court “Mayweather decided that he, not the court, would determine if and when his deposition would take place,”
The motion alleged that “Mayweather refused to be deposed. He disobeyed properly served deposition notices, filed specious ‘emergency’ motions, openly defied this court’s order directing him to appear, and serially misrepresented his whereabouts to Pacquiao and this court. Exposing Mayweather’s untruths was a massive - and expensive - undertaking.”
U.S. District Judge Larry Hicks in Las Vegas refused to grant Pacquiao default judgment on the basis of the discovery misdeeds, but he ordered Mayweather to pay deposition costs and attorneys’ fees as sanction.
Pacquiao had filed for attorneys’ fees and Judge Hicks entered an award of $113,518.50. In granting the award Judge Hicks said, “The court notes that the award of attorney’s fees in this matter is a sanction against Mayweather’s obviously intentional decision not to appear for his court ordered deposition,” Hicks wrote. “This was a direct discovery violation after the court had entered a very clear order that the deposition go forward.”
Atty. Marroso told us that Pacquiao “is pleased with the agreement” in reference to the defamation lawsuit and that he will now “be able to focus on his boxing career, congressional duties, charitable activities and other pursuits. Judge Weinstein (ret.) was instrumental in getting the matter resolved.”
The removal of the pending legal impediments between Pacquiao and Mayweather appears to be another positive development in the continuing efforts to get the two men into the ring, hopefully in the first half of next year.
By agreeing to come down from his previous demands for a 50-50 split and offering to take 45 percent to Mayweather’s 55 percent. Manny has clearly wrested the initiative away from Mayweather.
Pacquiao’s adviser Michael Koncz, who maintains communication lines with Mayweather which he opened some months ago during a visit to Floyd’s Gym in Las Vegas where they had a private conversation after which Koncz told us Mayweather was “very nice and pleasant”, has made it clear that Pacquiao’s offer on the revenue split is sincere.
Pacquiao had also agreed to random drug testing up to the day of the fight which is something he was totally against in the past and is prepared to allow Mayweather to receive top billing in all aspects of the promotional buildup and the fight itself.
Pacquiao has bent backwards, made the concessions and done almost everything possible to get Mayweather to agree to a fight. If Mayweather still refuses, then Michael Koncz would be perfectly right in his belief that Floyd doesn’t want to get into the ring with Manny. /MP
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