Mayweather lawyer asks court to deny Pacquaio’s “motion for default and dismissal”

by Joseph G. Lariosa

Floyd “Money” Mayweather, Jr. has suggested that Manny “Pacman” Pacquiao badly wants his deposition before he faces Victor Ortiz on Sept. 17 so as to “disrupt” his training “regimen” because Pacman’s Top Rank promoter “has financial interest” on Ortiz.

In a 22-page opposition to Pacman’s motion for default and dismissal filed Aug. 22 before the U.S. District Court of Nevada in Las Vegas, Mayweather’s lawyer Mark G. Tratos offered to pay the costs of Mayweather’s non-appearance to deposition “to include reasonable attorneys’ fees” and “future deposition” but wants the Court to deny Pacman’s “motion for default and dismissal.”

“Although Pacquiao is lauded for his skill in the ring as well, no other elite boxer in history has remained undefeated for 15 years as Mayweather has. As such, ” Tratos said, “it would be very convenient for Pacquiao if Mayweather’s training for his upcoming fight was disrupted.

“Additionally, it has been reported in the press that Top Rank, the promotions company that is promoting Pacquiao, has a financial interest in Mayweather’s opponent, Victor Ortiz.”

Quoting Leonard Ellerbe, one of Mayweather’s trainers, Tratos said, such a distraction – even one or two days – could be harmful. … Testifying at his deposition in this case would be distracting and potentially dangerous.”

Tratos also disclosed that after being delayed for a period of time pending a motion to dismiss, the lawsuit filed by Mayweather against Pacquiao’s promoter, Top Rank, over Top Rank’s refusal to provide proper accounting from Top Rank’s previous promotion of Mayweather’s fight “is now proceeding.”

After Golden Boy’s Oscar de la Hoya and Richard Schaefer were discharged from the defamation suit filed by Pacquiao, Pacquiao “unilaterally set Mayweather’s deposition for a date only two weeks later” on the day it was announced that Mayweather had an upcoming fight with Ortiz, who is promoted by Golden Boy. Ortiz was formerly promoted by Top Rank.


Unilaterally setting Mayweather’s deposition six months before the close of discovery – then refusing to agree upon a mutually convenient date – as mere gamesmanship, Tratos alleged that Pacquiao discrediting Mayweather “before the court by portraying his promotional efforts as “partying” – when Mayweather does not drink, smoke or take drugs – appear(s) to be more of the same.”

If Pacquiao really wanted to depose Mayweather, he should have submitted “written discovery” to Mayweather, Tratos said.

And if Pacquiao wants to depose Mayweather early, he should also make available for depositions Alex Ariza and Freddie Roach, Pacquiao’s trainers, sooner than Pacquaio’s suggested “mid-November, 2011,” argues Tratos.

Tratos said, “additional defamatory statements made by Mayweather and/or third parties (Roger Mayweather and Curtis “50 Cents” Jackson) … are plainly irrelevant to the instant motion. If Pacquiao believes that he has a legitimate claim for defamation,” he should “pursue those clams in a procedurally-appropriate manner.”

In his motion for default and dismissal, Pacquiao’s lead lawyer David Marroso alleged that 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 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.

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