The attorneys for THE RING’s No. 1-rated featherweight, Yuriorkis Gamboa, have filed for dismissal of a lawsuit filed against the fighter by Top Rank with the U.S. District Court in Las Vegas for breach of contract, Gamboa’s lawyer, Sekou Gary, informed RingTV.com on Sunday night.
“We got local counsel on Friday, and we filed for the dismissal electronically on Saturday,” said Gary. “We filed the motion to dismiss in the federal court of Nevada, where we were sued.
“There was no breach, because Yuriorkis never agreed to fight the fight, and he never gave them any indication that he was going to fight the the fight. In fact, nobody from Top Rank ever had any direct contact with Yuriorkis at any time leading up to the fight.”
In an initial report by RingTV.com, Gary said that Gamboa would not face Rios unless he was “operating under terms that are satisfactory,” regarding his contract with co-promoters Top Rank Inc. and Ahmet Oner of Arena Box.
Gary told RingTV.com on Sunday that Gamboa’s contract with Arena Box was not valid, and, by extension, neither was that of Top Rank, whose CEO is Bob Arum.
“We’re filing for dismissal on the grounds that Top Rank is trying to get around the basic bottom line of the case, which is the original promotional agreement that Gamboa signed with Arena Box. Arena Box took that agreement and went and did a co-promotional agreement with Top Rank, subsequently,” said Gary.
“Now, if the original agreement with Arena Box is invalid, which it is, then Arena Box had no right to get with Top Rank on the co-promotion. They’re saying that they have a co-promotional agreement and an attestation signed by my client, but my client never signed any such thing. It’s not true. He never signed it.”
Top Rank claims that Gamboa’s move has cost the company $1 million, and has retained lawyer David Marroso, who is a senior attorney with the Los Angeles-based O’Melveny and Myers law firm. Marroso’s partner, Daniel Petrocelli, gained a wrongful death conviction against O.J. Simpson in 1997.
“We’re confident, and Top Rank is confident in the merits of its case against Mr. Gamboa,” said Marroso. “And we will respond to the motion in due course.”
Gamboa has been served official court documents, a move that was executed while he was on the way to train.