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Gambit808
Written By Scott Schaffer of boxinqtalk.com titled MAYWEATHER NOW THE AGGRESSOR IN LAWSUIT VS. PACQUIAO


Last summer, the public perception was that Manny Pacquiao wanted to face a reluctant Floyd Mayweather in a boxing ring, but Mayweather was avoiding the showdown. Pacquaio's defamation lawsuit against Mayweather mirrored that perception, as Pacquiao's attorneys tried to chase Mayweather down in order to take his deposition but Mayweather avoided the deposition while hosting large parties and burining $100 bills in night clubs. But since Pacquiao barely defeated Juan Manuel Marquez in November, both the lawsuit and the potential boxing match have entered a new phase, one in which Mayweather appears to be the hunter and Pacquiao the hunted. The last chapter of the lawsuit ended with the court ordering Mayweather to appear at a deposition, and it may yet require Mayweather to fork over low six figures to Pacquiao in attorneys' fees as punishment for being so elusive in the deposition process. Like the public perception that Pacquiao is now the one avoiding the boxing match, the latest filings in the lawsuit make it appear that Pacquiao is now the one resisting the exchange of information.

Today, Mayweather asked the court to force Pacquiao to provide his medical records and the name and contact information for every doctor who has treated Pacquiao so that Mayweather can see if there is any evidence that Pacquaio ever took steroids or other illegal performance enhancers.

The medical evidence that Mayweather seeks is the central issue in the lawsuit, because if Pacquiao ever took illegal performance enhancers, Mayweather would win the lawsuit because one cannot be guilty of defamation if they are speaking the truth.

The lawsuit arose after negotiations for a match-up between Pacquiao and Mayweather disintegrated over the issue of drug testing and Mayweather went public with statements that Pacquiao took illegal "power pills," a clear reference to steroids and/or human growth hormones.

In court filings made today, Mayweather's attorneys wrote: "To date, Pacquiao’s responses [in providin ghis medical records]... have been grossly deficient. Pacquiao’s counsel have only disclosed the names of two of Pacquiao’s doctors, a plastic surgeon in the United States and a gastroenterologist in the Philippines. In addition, Pacquiao’s counsel have refused [Mayweather's] requests to execute a release and produce the vast majority of the medical and physical examination records solicited in [Mayweather's record] requests." Mayweather's attorneys also admit Pacquiao provided "a limited number of drug testing results" but say that information is insufficient.

Mayweather's attorneys continued, "Pacquiao asserts that no evidence exists to suggest his use of performance-enhancing drugs over the course of his fifteen-year career. In making this assertion, Pacquiao himself separates drug test results from other evidence related to the use of PEDs. [Pacquiao's attorney's have said] 'given Pacquiao’s spotless records with drug tests over the course of his 15-year career and the absence of any other evidence suggesting his use of performance-enhancing drugs, defendants issued these statements with actual knowledge that such statements were false and in reckless disregard for their falsity')."

Thus, Mayweather's attorneys see kto use Pacquiao's own arguments against him by arguing that "Pacquiao has placed any evidence that may suggest his use of PEDs, including his medical and physical examination records over the last fifteen years, directly at issue in this action."

Specifically, Mayweather's attorney want to review Pacquiao's medical records to look for "signs and symptoms of PEDs use [that] are well-documented and far reaching. Such signs and symptoms include, but are not limited to: (i) deterioration of the athlete’s cholesterol profile (i.e. an increase in “bad” cholesterol, or LDL, and a decrease in “good” cholesterol, or HDL); (ii) increased irritability and mood swings, as well as depression; (iii)
changes to the condition of the athlete’s arteries; (iv) increased risk of forming blood clots or thromboses; (v) development of hypertension or high blood pressure; (vi) increased liver failure or toxicity, including the development of jaundice, blood-filled sacs within the liver, or certain types of liver cancers; (vii) acne and other skin conditions; (viii) an enlarged heart; (ix) increase in red blood cell count; (x) diabetes; (xi) premature balding or male-pattern baldness; (xii) elevated or increased testosterone levels; (xiii) decreased estrogen levels; (ivx) osteonecrosis in the hips or shoulders; (xv) decreased sugar tolerance and thyroid functioning; (xvi) impotence, priapsm (prolonged erection), prostate hypertrophy (enlarged prostate), reduction in sperm function, or decrease in testicle size; (xvii) weight gain, including changes to the athlete’s muscle-to-fat ratio or body mass composition; (xviii) worsening of kidney function; (xix) increase risk or prevalence of tendon and muscle injury; (xx) gynecomastia (or increased growth of breast tissue); and (xxi) vocal cord hypertrophy."

According to Mayweather's attorneys, the court should force Pacquiao to provide any evidence that Pacquiao experienced these symptoms because, "Pacquiao has not provided a single medical or physical examination record to provide any insight whatsoever into the recognized signs and symptoms of PEDs use... Instead, Pacquiao has merely provided [Mayweather] with a small sampling of drug test results, which is, at best, woefully incomplete in response to the Requests at issue herein—especially given common sense and Pacquiao’s own distinction between drug tests and other evidence of PEDs use."

Pacquiao's attorneys will now have a chance to argue that Mayweather is not entitled to the medical information being sought.
pimpfighterROQ
Good move by Mayweather's lawyers but thats a bit too much info to ask lol. Yeah theyre goin to say theyre not entitled to all those information. They should involve Nevada Athletic Commission to testify all their test they gave Pacquiao since its where most of his fights take place like Mayweather. Idk, this case is so stupid...good move by lawyers of Mayweather though. Touche..
leonthegee
QUOTE (pimpfighterROQ @ Jan 4 2012, 10:06 PM) *
Good move by Mayweather's lawyers but thats a bit too much info to ask lol. Yeah theyre goin to say theyre not entitled to all those information. They should involve Nevada Athletic Commission to testify all their test they gave Pacquiao since its where most of his fights take place like Mayweather. Idk, this case is so stupid...good move by lawyers of Mayweather though. Touche..


Whats the NAC gonna do? They dont want to see Pacqiuao proven guilty. Its bad for business.
HazConvictedFelonMane
That's a sick read Gambit. Thanks for posting that. Very interesting.
mgrover
so what happens if they contact his doctors and his doctors say hes clean and his records indicate hes clean? if pacman so clever juiced and somehow bypassed a drugs test dont you think he would of taken care of any doctors?

this shit has gone on too long, both parties are a bunch of bitches
BigDDatHomey
QUOTE (mgrover @ Jan 5 2012, 09:16 AM) *
so what happens if they contact his doctors and his doctors say hes clean and his records indicate hes clean? if pacman so clever juiced and somehow bypassed a drugs test dont you think he would of taken care of any doctors?

this shit has gone on too long, both parties are a bunch of bitches


By the way, he didn't say "power pills", he said "power pellets".

You've obviously never been in the courtroom. If you say something that you believe, which there is clear evidence of and you're now being sued for six figures, are you going to sit there like a "bunch of bitches" and get sued or are you going to go at it just as hard as your oppenent is? In the courtroom, all gloves come off.

And this is why in America, if you're going to run for President, if you're going to sue someone else, if you're going to do anything that results in public scrutiny, especially if the media gets ahold of you, make sure all your bones are out the closet. Your character will get attacked, your whole families' character will get attacked, the way you breath, eat, shit, and sleep....will get attacked. ALL THE GLOVES COME OFF IN THE COURTROOM and high priced attorneys are claw for Mayweather and if Manny wins the trial, he would have paid a price for it.
Allmenjoi8
QUOTE (BigDDatHomey @ Jan 5 2012, 05:28 PM) *
By the way, he didn't say "power pills", he said "power pellets".

You've obviously never been in the courtroom. If you say something that you believe, which there is clear evidence of and you're now being sued for six figures, are you going to sit there like a "bunch of bitches" and get sued or are you going to go at it just as hard as your oppenent is? In the courtroom, all gloves come off.

And this is why in America, if you're going to run for President, if you're going to sue someone else, if you're going to do anything that results in public scrutiny, especially if the media gets ahold of you, make sure all your bones are out the closet. Your character will get attacked, your whole families' character will get attacked, the way you breath, eat, shit, and sleep....will get attacked. ALL THE GLOVES COME OFF IN THE COURTROOM and high priced attorneys are claw for Mayweather and if Manny wins the trial, he would have paid a price for it.


It is what my ROTC Captain Brown use to say "no one can withstand scrutiny." If someone wants to find something bad about you then they will. They can make the smallest thing into Mount Kilimanjero. Pac has been suspected in using steroids and the judge will say prove to me that you are innocent and these claims are false. Pac's lawyers better be careful...
daprofessor
nice move on the lawyers part. very well played...but i doubt it gets much accomplished. also, i never believed pac was on anything. i think, more than anything, he has benefitted from very favorable match making and weight stipulations(theory) which have made him look like a beast in the ring. if u look at his opponents since moving up in weight...they all have glaring similarities....weight issues, coming off of recent beatdowns/tough fights, trainer issues....etc. also, roger mayweather made the comment in an interview that hatton was only allowed to gain 5lbs after the weigh-in until the day of the fight. now factor in jmm and his move up to 143..or whatever he weighed. he didn't drain himself to make weight...and he came into the ring fully hydrated. i thought he beat pac 8 rounds to 4.
BoxingStill#1
Interesting read... but either way its nothing but a paycheck away from a clean medical record and clear physicians opinion... lls..

Money talks folkes... maybe that's what the hold up is,.. Pac and his Doc's have to develope a way to make this look good.. haha

Jkjk.. idk I just wish it would happen.. I don't care about the polotics and the bullshit anymore...

Let's settle this shit in the ring..
mrchitown
Smart move.....
rjack58
QUOTE (mrchitown @ Jan 5 2012, 10:43 PM) *
Smart move.....

Very SMART move...BUT wait until the emails sent from Koncz to Team Mayweather come out. If Pacquiao isn't willing to give up the medical records NOW - that would prove he's not 'juicing' he DEFINITELY has something to HIDE!!
mrchitown
QUOTE (rjack58 @ Jan 6 2012, 11:13 AM) *
Very SMART move...BUT wait until the emails sent from Koncz to Team Mayweather come out. If Pacquiao isn't willing to give up the medical records NOW - that would prove he's not 'juicing' he DEFINITELY has something to HIDE!!


Your right, I didn't think about that. This case will get very interesting.....
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