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A no-show against Manny Pacquiao on the ring, Floyd Mayweather Jr. also avoided a showdown with the world’s acknowledged pound-for-pound king in the court.
The controversial undefeated American star has defied a court order for him to give his deposition on the defamation case filed against him by Pacquiao over his allegations that the Filipino ring icon used performance-enhancing drugs.
Federal judge Robert Johnston had earlier denied an emergency motion filed by Mayweather’s lawyers to postpone the deposition so Mayweather could focus on training for his Sept. 17 fight against Victor Ortiz.
Pacquiao lawyer Daniel Petrocelli said he plans to ask a federal judge to rule in Pacquiao’s favor as a result.
“We will seek a default. The court has the power to hold him in contempt as well,” Petrocelli told The Associated Press. “He has an obligation to respect the process and to follow a court order.”
In a statement released to media offices, Petrocelli bashed Mayweather as being “afraid to testify.”
“Mr. Mayweather maliciously leveled false accusations about Mr. Pacquiao,” the statement read. “We are anxious to examine him under oath about those statements. He is just dodging his deposition because he is afraid to testify, but he has no right to defy a court order.”
Another member of Pacquiao’s legal team, lawyer David Marroso, told the Inquirer that the Pacman’s legal team intends “to bring this serious matter to the court’s attention quickly and seek all appropriate sanctions.”
“It is up to the court to decide what penalties Mayweather should face for defying the court order and refusing to appear for his deposition,” he added. “Mayweather’s lawyers claimed the fighter was unavailable but provided no specifics.”
Mark Tratos, Mayweather’s lawyer, said he filed an appeal to the order Thursday evening that is still pending, and told Pacquiao’s lawyers that neither he nor the fighter were available Friday morning.
“We tried to extend every courtesy we could,” Tratos said.
Both sides argued Thursday before federal Magistrate Judge Robert Johnston, with Johnston siding with Pacquiao. Mayweather’s lawyers argued he needs to concentrate on training for a Sept. 17 fight against Victor Ortiz.
Tratos said he planned to file with the court on Monday a copy of Mayweather’s training regimen, to show why it can’t be interrupted as he looks to fight for the first time in more than a year.
“We’re more than happy to produce him after the fight,” Tratos said. “It’s important for him to be in tip-top shape.”
Mayweather and Pacquiao are considered by many the best pound-for-pound fighters in the world, though they’ve never met in the ring. Negotiations for a fight that would presumably sell out, draw a huge pay-per-view audience and make each fighter millions of dollars have fallen through several times.
The major cause for the broken talks was Mayweather’s insistence on strict, Olympic-type drug-testing protocols before the fight. Pacquiao, the only fighter to win world crowns in eight weight divisions, has said he will subject himself to boxing’s regulations only.
Pacquiao (53-3-2), the current WBO welterweight champion, is scheduled to fight in November against Juan Manuel Marquez. Mayweather is undefeated in 41 fights, having won titles in five divisions.
Pacquiao’s lawsuit was first filed in 2009, alleging Mayweather and his camp maliciously said in interviews that Pacquiao had gained his strength and power using illegal drugs. Pacquiao says in the suit that he has never tested positive for any performance-enhancing drugs.
Mayweather’s lawyers have said in the past that Pacquiao’s rival was merely questioning the boxer’s reluctance to submit to strong drug testing—stopping short of calling him a drug user.