The portion of the motion to dismiss filed by Floyd Mayweather, Jr. on a lawsuit originally filed by Manny Pacquiao for defamation was dismissed by a Nevada court Friday.
On December 30, 2009, Pacquiao sued Golden Boy Promotions, Oscar De La Hoya, Richard Schaefer, Mayweather Promotions, Floyd Mayweather Sr., Floyd Mayweather Jr. and Roger Mayweather for libel over their accusations that Pacquiao used illegal performance enhancing drugs.
In the lawsuit, Pacquiao cited several instances where Mayweather and his team who were named in the complaint, where he was defamed including Mayweather's comments in a radio interview in October about Pacquiao's physical development, when he said: "cause we know the Philippines got the best enhancing drugs."
Also quoted in the suit were Mayweather's remarks published in the British newspaper The Guardian, in which Mayweather said he had "great doubt as to the level of fairness I would be facing in the ring that night."
"The truth did not stop Mayweather and the others," the suit alleges. "That is because they are motivated by ill will, spite, malice, revenge and envy."
"Enough is enough," Pacquiao said in the statement. "These people, Mayweather Sr., Jr., and Golden Boy Promotions, think it is a joke and a right to accuse someone wrongly of using steroids or other performance-enhancing drugs. I have tried to just brush it off as a mere pre-fight ploy but I think they have gone overboard."
"Calling a professional athlete a cheater is the most serious charge one can make," the lawsuit says, "and in today's world, accusing an athlete of using performance-enhancing drugs—however baseless and lacking in evidence—is toxic."
In March 2010, Golden Boy, De La Hoya and Schaefer filed a motion to dismiss. One of their arguments was that Pacquiao could not deter their constitutional right to speak out freely about a matter of public concern, namely whether the Nevada Athletic Commission should pass stricter drug testing requirements.
Today, that argument was REJECTED by the court without a written opinion. Still under consideration by the court are other arguments from the Golden Boy defendants, and a Mayweather motion to dismiss filed on May 17, 2010.
Meanwhile, Manny Pacquiao's adviser Michael Koncz confirmed there is an on-going talks with Mayweather's camp which was likewise acknowleged by Mayweather's uncle, Jeff Mayweather.
There are reports a tune-up fight is being planned for Mayweather before he goes up in the ring with the Filipino boxer.
Pacquiao has started his pre-training for the Mosley fight by playing basketball in General Santos City where he remain until March 12 before going up to Baguio City in northern Luzon for his four-week training and physical conditioning.
After Baguio, Pacquiao will move to Los Angeles for another four weeks of training at Freddie Roach's Wild Card Gym.
Shane Mosley on the other hand, will train at the Big Bear mountain in California where he owns a vacation house.
Pacquiao and Mosley are scheduled to fight on May 7 at the MGM Grand Garden Arena in Las Vegas, Nevada.