On Wednesday, Manny Pacquiao’s legal team filed a motion for default and dismissal in his defamation lawsuit against Floyd Mayweather Jr., a move that is designed to garner an swift verdict of guilty from the judge as a result of Mayweather’s failure to be present for deposition appointments.
RingTV.com caught up with Dan Petrocelli, one of Pacquiao’s two lawyers who filed the motion in the U.S. District Court of Nevada, for an interpretation of what the action means and why it was executed.
Petrocelli said motion calls for Mayweather to “forfeit his right to defend himself,” adding that “He would then be found guilty of the defamation. That’s what a default judgment means.”
Below are more of Petrocelli’s responses to topics relating to the case.
Petrocelli on what is meant to be accomplished by Wednesday’s motion:
So he would forfeit his right to defend himself. He would then be found guilty of the defamation. That’s what a default judgment means. Courts do that on the occasions when you’re in a situation such as this where a party refuses to obey the rules and does not honor the discovery obligations.”
On the reason for filing the motion:
“What it means in a word is that we have been attempting to take his deposition for a number of months. We notified him of his deposition a couple of months ago, but he refused to show up.
He was claiming that he was in training or about to start training and could not be disturbed and that he needed to spend 100 percent of his time and effort and attention on training.
He filed a brief with the court to excuse himself from the deposition, and the court said, “No,” and it ordered him to appear. We then offered no fewer than 24 dates to get his deposition.
But on each occasion, his attorney told us that he could not and would not appear because he was now in training and could not be disturbed. But he has no right to refuse to appear for a duly noticed deposition.
In addition, this particular deposition was ordered by the court, and he has no right to defy a court order.”
On where Pacquiao’s lawyers say Mayweather was when he should have been in court:
This included being in places such as Atlanta and, on one occasion, we have a photo of him burning a one hundred dollar bill in a night club at a time when he said that he was not available for deposition.
So we have presented all of that evidence to the court, and we have asked the court to find that he is in willful defiance of his obligation of a litigant, and to enter a default judgment against him.”
On whether it is too late for Mayweather apologize or otherwise end the case:
My answer, to be clear, is in regard to Floyd Mayweather making this hypothetical apology. But that’s just a hypothetical, because that has not happened.”