Federal magistrate Judge Robert Johnston had earlier denied an emergency motion filed by Mayweather’s lawyers who sought a postponement of the deposition claiming Mayweather was training for his September 17 fight against Victor Ortiz .
Pacquiao’s top notch lawyer Daniel Petrocelli said in a statement that "Mr. Mayweather maliciously leveled false accusations about Mr. Pacquiao. 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."
Petrocelli indicated he would seek a default finding that Mayweather defamed Pacquiao with his statements that accused the “Fighter of the Decade” and now a Congressman in the Philippines of taking performance enhancing drugs.
Another member of Pacquiao’s legal team, Atty. David Marroso told the Philippine Daily Inquirer “we intend 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.”
Marroso said “Mayweather’s lawyers claimed the fighter was unavailable but provided no specifics.”
Mayweather who has repeatedly refused to face Pacquiao in what is likely to be the biggest-earning fight in history is facing a string of other felony charges including charges stemming from a domestic argument and misdemeanor harassment and battery charges in separate cases pending in Las Vegas Justice Court.
Mayweather is scheduled to have a preliminary hearing on Oct. 20 before Justice of the Peace Melissa Saragosa on the felony charges. He is also facing a bench trial on September 1 in the misdemeanor charges before Justice of the Peace Janiece Marshall.
If convicted on the far more serious felony charges Mayweather who is out on bail could face up to 34 years in prison if convicted of all charges.
