CHICAGO (jGLi) – Filipino pound-for-pound boxing champion Manny Pacquiao asked United States District Court Judge Larry R. Hicks of Las Vegas, Nevada on Friday (Oct. 28) to order his rival Floyd Mayweather, Jr. to pay his lawyers $93,734.50 in attorney’s fees for refusing to comply with the court order to attend his deposition.
In a 12-page motion for attorney’s fees, the eight-division Filipino champion asked Judge Hicks to order Mayweather to pay renowned trial lawyers Daniel Petrocelli and David Marroso, partners of O’Melveny & Myers LLP, a 125-year old Los Angeles, California-based national firm known for handling entertainment and First Amendment rights cases.
Petrocilli and Marroso were in the short list of lawyers Pacquiao retained shortly after he was falsely accused by Mayweather of taking performance-enhancing drugs. The two lawyers have “successful experience representing individuals, including athletes, in high-profile cases, including defamation and libel matters,” according to the motion.
Pacquiao wants Mayweather to pay his lawyers for $93,743.50 in fees and costs for 196.9 hours of work – an average of $477 per hour.
In making the request, Pacquiao said “courts have approved fee requests substantially higher than $477 per hour, including a request made by Mayweather’s law firm, Greenberg Traurig.”
PACQUIAO SEEKING MORE REASONABLE FEES
Pacquiao said the fees he is seeking from Mayweather are “even more reasonable considering that Pacquiao conservatively does not seek reimbursement for substantial fees to which he would be entitled under the Court’s Order.”
Pacquiao is not even seeking “reimbursement for fees incurred by O’Melveny in preparing for the June 17 court-ordered deposition at which Mayweather refused to appear.”
The court had earlier ordered Mayweather to reimburse Pacquiao’s attorney’s fees “relating to Mayweather deposition and the present motion.”
Pacquiao said the reimbursement covers the period “between June 14, 2011 and October 6, 2011” when his attorneys spent 196.9 hours attempting to schedule Mayweather’s deposition, opposing Mayweather’s emergency motions and appeals, trying unsuccessful to reschedule Mayweather’s deposition, and briefing the underlying motion for sanctions that gave rise to the attorney’s fees order.
MAYWEATHER REJECTED EVERY ALTERNATIVE
The motion said, “it is certainly reasonable that Pacquiao’s attorneys spent roughly 12 hours per week or 50 hours per month on these matters.”
When the Court issued on June 2, 2011 an order scheduling Mayweather’s deposition, Pacquiao served Mayweather on June 3 with a Notice of Deposition, calling for Mayweather’s appearance on Friday, June 17 in Las Vegas, Nevada. But Mayweather refused to attend the deposition, claiming he has “begun an intense training regimen,” seeking to “delay the deposition several months.”
But Mayweather did not appear even after Pacquiao tried for weeks to reschedule the deposition and avoid the need to seek court intervention and the expenses incurred with a significant motion for sanctions.
Pacquiao offered later more than 13 additional dates in June and July to take Mayweather’s deposition. Mayweather rejected every alternative. In total, O’Melveny spent a modest 7.5 hours and Pacquiao incurred $4,632.50 in attorney’s fees trying to reschedule Mayweather’s deposition.
It was while Pacquiao was attempting to reschedule Mayweather’s deposition, when his lawyers began “to uncover evidence that Mayweather was not in an all-encompassing physical training camp, as he had represented to Pacquiao and the Court. Rather, he was jet-setting across the country going from nightclubs in Atlanta to parties in Miami.”
After reviewing the extensive factual record and substantial briefing, the Court determined that Mayweather violated the Court’s Order and ordered Mayweather to pay “monetary sanctions” by reimbursing Pacquiao for fees and costs associated with his deposition and the motion for sanctions, and admonished Mayweather that “future failures” may result in “severe sanctions.” (email@example.com)