By JOSEPH G. LARIOSA

(© 2011 Journal Group Link International)

C HICAGO (jGLi) – The long-awaited jury trial of the defamation claim of Floyd Mayweather, Jr. that Manny Pacquiao is on steroids was set by the court after March of next year.

But this timetable will likely be extended if Mayweather, Jr. wins a ruling to put his deposition on hold until after his fight with Victor Ortiz on Sept. 17.

For this to happen, Mr. Mayweather, Jr. has to show “good cause” why he could not be deposed by Mr. Pacquiao’s lawyer before he faces Ortiz for the welterweight championship fight.

A day after United States District Magistrate Judge Robert J. Johnson of Las Vegas, Nevada, issued a “scheduling order” on June 2, 2011, Pacquiao’s lawyers led by David Marroso served a notice, setting the deposition date of Mayweather, Jr. on June 17, 2011.

Five days' deposition notice is usually sufficient, but local rules may vary.
Deposition is testimony taken orally, with an attorney, in this case, Pacquiao’s attorney, asking questions and the deponent (the individual being questioned, in this case, Mr. Mayweather, Jr.) answering while a court reporter or tape recorder (or sometimes both) records the testimony.

Deposition testimony is generally taken under oath, and the court reporter and the deponent often sign affidavits attesting to the accuracy of the subsequent printed transcript. The deposition can be used to impeach (challenge) a party or witness who gives contradictory testimony on the witness stand.

Mayweather, Jr.’s lawyers led by Mark G. Tratos filed an “emergency motion for protective order” on June 13, asking the court to allow Mayweather to be deposed “in late September,” saying that “Mr. Mayweather is a professional boxer and a worldwide celebrity with an intense training regimen and frequent professional obligations, this ten-business-day notice is not reasonable notice.”

MAYWEATHER, JR. POSTPONEMENT “NOT REASONABLE”

Mr. Marroso argued that Mayweather, Jr.’s “newly-scheduled bout and its accompanying press tour and training camp” that require “Pacquiao to postpone Mayweather, Jr.’s deposition by more than three months” “is not reasonable.”

Marroso added that while Mayweather, Jr. refuses to participate in the discovery process (deposition), Mayweather, Jr. “continues to level additional false and defamatory statements about Pacquiao, including saying, “unlike Pacquiao, my fighters are all natural.”

And on the same month (May, 2011), Mayweather, Jr. commented, “so you (sic) going to say that he’s able to go from 105 to 154, and ya’ll say you know what, ‘it’s natural.’ That’s all I’m asking.”

Marroso said, “it’s not fair or reasonable for Mr. Mayweather, Jr. to defame Mr. Pacquiao, file a frivolous counter-claim, and continue defaming Mr. Pacquiao publicly while refusing to participate in the discovery process.”

Despite this, Marroso said, Pacquiao’s camp tried to accommodate Mayweather, Jr. supposed schedule by offering “more than ten alternative dates – before and after the supposed press tour and training camp” and “to take the deposition at the offices of Mayweather, Jr.’s counsel instead of his own” and to “take the deposition for a few hours on consecutive days to minimize interruption of Mayweather, Jr.’s fight preparations.”

But Mayweather rejected every alternative insisting he is completely unavailable for any examination until the end of September.

MAYWEATHER, JR.’S MOTION FOR PROTECTIVE ORDER DENIED

L ast June 16, Judge Johnson denied Mayweather, Jr.’s emergency motion for protective order and ordered the deposition of Mayweather, Jr. “as noticed, subject to any agreement(s) the parties may enter into regarding scheduling and completion of same.”

On the same day, Mayweather, Jr.’s lawyers filed an “emergency appeal of magistrate judge’s order.” On the same day, Pacquiao’s lawyer filed a response, saying, “Mayweather’s, Jr. attendance at tomorrow’s deposition is not voluntary.

He is under Court Order to appear. An “appeal” from a discovery order does not stay the order or otherwise discovery,” citing precedents that “it would not only encourage the filing of frivolous appeals, but would grind the magistrate [judge] system to [a] halt.”

On the day that Mayweather, Jr. was supposed to be deposed, his lawyer filed a “request for oral argument on defendants’ Floyd Mayweather, Jr. and Mayweather Promotions, LLC’s emergency motion for District Judge to reconsider order.”

But on June 19 (Sunday) Pacquiao’s lawyer, Mr. Marroso, filed a “response to request for oral argument,” telling the court that the oral argument be denied because  “Mayweather, Jr. did not introduce any competent evidence to justify postponing (deposition) another three months.” # # #

Editor’s Note: To contact the author, please e-mail him at: (lariosa_jos@sbcglobal.net)