AP Sports Writer
POSTED: 4:51 a.m. HST, Aug 5, 2011
LAST UPDATED: 8:53 p.m. HST, Aug 5, 2011
The legal team for welterweight champion Manny Pacquiao filed a motion for default and dismissal this week in the boxer’s defamation lawsuit against Floyd Mayweather Jr.
Pacquiao’s representatives, Daniel Petrocelli and David Marroso, filed the motion Wednesday in U.S. District Court in Nevada. They are seeking a default judgment because Mayweather has steadfastly refused to appear during any of the 24 dates that he’s been sought for deposition.
Pacquiao is accusing Mayweather of defamation after the rival boxer made repeated statements alleging that the Filipino fighter used performance-enhancing substances. Pacquiao has denied such claims.
The Associated Press obtained a copy of the motion Thursday.
“Mayweather is not above the law,” Petrocelli told the AP during a phone interview. “He’s essentially forfeited his right for a defense” by not appearing at the depositions.
Mayweather’s legal representatives did not return emails seeking comment.
The 15-page document outlines the timeframes during which Mayweather was asked to appear for deposition, and claims that he has continued to allege Pacquiao’s use of performance-enhancing substances.
Mayweather has cited his need to focus on an upcoming fight against Victor Ortiz, scheduled for September, along with the associated promotional requirements as the reason he has not attended the court-ordered depositions. But several photographs included in the motion appear to show Mayweather at parties in Atlanta and Las Vegas during the same time periods during which he refused to be deposed.
“He is basically undermining the legal process,” Petrocelli said.
Pacquiao and Mayweather have come close to agreeing to terms on what likely would be the richest fight in boxing history, only for the discussions to repeatedly break down.
The main sticking point has been drug testing protocol; Mayweather is seeking random blood testing, which is far beyond what is required by most state commissions, while Pacquiao believes giving blood too close to a fight makes him weak. He wants a cutoff date for the testing prior to the fight.
It could be several weeks before a judge rules on the motion for default and dismissal.