Discovery Looms as Boxer Burns Money

http://64.19.142.12/www.courthousenews.com/homepage/banner.jpg By TIM HULL August 05, 2011 (CN) - Boxer Emmanuel Pacquiao says Floyd Mayweather Jr. has been dancing, partying and burning money at nightclubs across the country, needlessly delaying their litigation and chalking it up to an intense training regime. http://64.19.142.12/www.courthousenews.com/2011/08/05/Pacquiaofire.bmp Pacquiao's attorneys this week filed a motion for default judgment and dismissal of Mayweather's defamation counterclaim in Nevada District Court. The 20-page motion includes a picture Mayweather apparently burning U.S. currency in an Atlanta nightclub. http://64.19.142.11/www.courthousenews.com/2011/08/05/Pacquiaobottle.bmp Other pictures show Mayweather double-fisting bottles of champagne at a party, and another reproduces a post from the boxer's Twitter account advertising club appearances. "This is one of those rare cases where a litigant, through indefensible conduct and demonstrable lies, has displayed such an utter disregard for orderly process, the administration of justice, and the court that default and dismissal are the only appropriate remedy," Pacquiano attorney David Marroso wrote. Seeking some $5 million in damages, Philippines-born Pacquiao sued Mayweather, Oscar De La Hoya and several promoters in late 2009 for defamation, claiming they had hatched a campaign to destroy his career by accusing him in the press of taking performance-enhancing drugs. Mayweather later filed counterclaims against Pacquiao for defamation. After allowing the case to move forward based on the allegations in Pacquiao's amended complaint in March, U.S. District Judge Larry Hicks set a Jan. 31, 2012, discovery deadline. Since that time, however, Pacquiao says Mayweather has refused approximately 24 requests to sit for a deposition. http://64.19.142.11/www.courthousenews.com/2011/08/05/Pacquiaotwitter.bmp "On dates he professed to be so focused on fight preparations that he could not comply with a court order, Mayweather actually danced, partied, and handed out bottles of champagne to partygoers," according to the motion. Pacquiao says that Mayweather attended an "adults-only 'Midnite Theme Park Party' at Circus Circus in Las Vegas to celebrate rapper 50 Cent's birthday." He also allegedly hosted nightclub parties in Las Vegas, Miami and Atlanta, all while claiming to be busy training. Meanwhile, he continues to accuse the Filipino of taking steroids, Paccquiao's lawyer claims. "While refusing to respond to discovery and paralyzing Pacquiao from prosecuting the case in court, Mayweather continues to make public, false assertions that Pacquiao used performance-enhancing drugs," the motion states. "In May 2011, Mayweather bragged to reporters about a boxer under his tutelage: 'Unlike Pacquiao, my fighters are all natural.'" In light of Mayweather's alleged behavior, Pacquiao wants the countersuit dismissed, default judgment on the defamation claims and attorney's fees. "Mayweather has no regard for the discovery process, this court's orders, or the gravity of these proceedings," Marroso wrote. "Mayweather has shown that, in his world, he - not the court - decides how, when, and on what terms this case will proceed. If a deadline ordered by the court interferes with his social calendar, Mayweather manufactures bogus excuses. When he got caught, Mayweather cavalierly said, 'no harm, no foul' because discovery remains open and he will appear for a deposition when he is good and ready. But, lying to the bourt and opposing counsel is an indefensible foul and Pacquiao has been irrevocably harmed.