Pacquiao wins Round 1 in legal battle vs 'Golden Boy'

Pacquiao wins Round 1 in legal battle vs 'Golden Boy' By JOSEPH G. LARIOSA May 21, 2010 16:38:51 Email the Editor Print | | More CHICAGO – While Manny Pacquiao was busy campaigning for a congressional seat in the Philippines, Judge Larry R. Hicks of the United States District Court of Nevada in Las Vegas denied two motions filed by Oscar De La Hoya and assistant Richard Schaefer. De La Hoya and Schaeffer filed an Anti Strategic Lawsuit Against Public Participation (SLAPP) motion and motion to dismiss the $5-million defamation suit Pacquiao filed against them. At the same time, Judge Hicks granted Pacquiao’s ex-parte motion to conduct “limited discovery and modified briefing schedule" for defendants De La Hoya (Golden Boy Promotions owner) and Schaefer (Golden Boy’s chief executive officer). This means that Pacquiao’s lawyers, led by David Marroso, can now take depositions from De La Hoya and Schaefer on the issue of the Filipino boxing icon’s alleged use of performance enhancing drugs (PEDs); any statements or communications made by the defendants, their agents or representatives in connection with that issue, including defendants’ mental state; the circumstances and basis upon which any statements were made, and knowledge of any statement’s falsity. Pacquiao will need the depositions to oppose De La Hoya and Schaefer’s motion to dismiss and the “Anti-SLAPP" motion, a special motion filed in Nevada by a defendant to dismiss the case within 60 days after service of the complaint. The order also said that “Pacquiao may not seek information or documents relating to De La Hoya’s or any other boxers, use of performance enhancing drugs." Schaefer declaration In a three-page declaration, Schaefer told the court that in late 2009 and early 2010, he and other GBP officers as well as Floyd Mayweather Jr. advisor, Al Hayman, engaged in negotiations for a proposed March 2010 bout between Mayweather and Pacquiao. The parties were in agreement on all major financial terms and drug testing was the only issue left on the table. The Mayweathers had severe concerns about the possibility that Pacquiao had been using illegal PEDs in connection with his more recent fights. These concerns arose from a number of factors, including the fact that it is highly unusual for a professional boxer to fight at heavier weights during his career and maintain the same level of power in his punches and ability to withstand hard punches from bigger opponents. Yet, as Pacquiao has moved up in weight by 40 pounds (itself an extraordinary feat) during his career, he has become more powerful and more impervious to blows by his opponents. For example, in prior fights against much smaller opponents such as Juan Manuel Marquez and Marco Antonio Barrera, Pacquiao was unable to score knock-outs and was at times stunned by their punches. Yet, in his recent fights against physically bigger and much more powerful fighters – like Oscar de la Hoya, Ricky Hatton and Miguel Cotto – Pacquiao has scored devastating knockouts (or technical knockouts). In addition, he has survived devastating punches by his opponents with no apparent effect. Pacquiao’s head has grown In addition, as shown by a comparison of Pacquiao’s pictures from his early career and today, it is clear that the size of his head has grown and his body has become far more muscular. As shown by March 25, 2010 "Judd Burstein Declaration," these changes are often associated with the use of PEDs. In the light of these concerns, Schaefer said he consulted with the United States Anti-Doping Agency “to determine the most effective way to ensure that the Pacquiao-Mayweather bout would be a clean affair." Based upon these conversations, the Mayweather camp insisted that both fighters agree to the same drug testing imposed upon the United States Olympic Team: i.e. random blood and urine testing up to at least 48 hours before the bout. Although Mayweather readily agreed to these procedures, Pacquiao and his representatives refused. Pacquiao only agreed to three scheduled blood test: 1.) upon the signing of the contracts for the bout; 2.) 30 days before the bout; and 3.) immediately after the fight. Schaefer said, “Pacquiao’s refusal to submit to effective drug testing only served to increase the Mayweather team’s concerns that Pacquiao has been using PEDs." Schaefer said he was included in the lawsuit along with De La Hoya, Floyd Mayweather Jr., Floyd Mayweather Sr., Roger Mayweather and Mayweather Promotions when the “Amended Complaint alleges that, in September 2009, I told Philippine reporter Ronnie Nathanielsz – a reporter whom Pacquiao himself has accused of ‘fabricating horrible tales and putting words into the mouths of people he has not even talked to’ that I was 'sure Pacquiao was using PEDs.'" He described such allegation as “absolute falsehood," saying, “if I had made the alleged statement to Nathanielsz, he (Nathanielsz) surely would have published it, which he did not." - GMANews.TV