Update on Povetkin-Wilder set for trial on Monday
February 1, 2017
While the Al Haymon-Golden Boy lawsuit appears to be over barring an appeal, there is another boxing lawsuit set for trial next week. Deontay Wilder and Alexander Povetkin are set to go to trial this Monday.
A brief background can be found here.
The parties in the case have insisted that the lawsuit proceed to trial without need for unnecessary motions. The deadline for discovery was December 15, 2016 with the attorneys for each side agreeing to a February 6, 2017 trial date. Of course, that deadline has gone by the wayside as there have been depositions taking place as late as last week.
Lawyers for Povetkin and his promoter, World of Boxing, sought a continuance on the basis that there are now issues related to discovery that have yet to be resolved.
Countering that argument, Wilder’s attorneys state that the trial will be easy as there will only one question posed to the jury: whether Povetkin ingested Meldonium prior to its WADA ban on January 1, 2016.
But, as with most things, best-laid plans for a smooth trial are going out the door as the parties are squabbling over discovery in a case that the parties admitted would be straightforward.
Both sides are geared for trial and unless the parties can decide on a settlement of the funds which remain in escrow, it seems unlikely to happen.
As one might expect, the attorneys for each side are arguing over experts.
In the current battle, the attorneys for the World of Boxing are seeking to call back for a second deposition of Deontay Wilder’s expert, Anthony Butch, Ph.D. World of Boxing claims that in the first deposition, Wilder’s expert did not provide certain information obtained from the Meldonium data he examined. Wilder’s attorney argue that the information requested was a new request and outside the scope of the original subpoena for documents that was served for the deposition.
On the other end, Wilder’s attorneys have filed a Motion in Limine to exclude certain evidence it anticipates that the World of Boxing will used at trial. Notably, it believes that World of Boxing will introduce evidence of two rulings of the World Boxing Council regarding Povetkin’s positive test.
The August 17, 2016 ruling asserts:
The October 7, 2016 ruling states:
Wilder’s attorneys argue that the information reflects only that the WBC denied rendering conclusions about when Povetkin ingested Meldonium.
It also wants to exclude evidence regarding the history of Meldonium as the issue is why Povetkin took Meldonium is the threshold issue at trial. Rather, Wilder’s attorneys argue that the issue is whether Povetkink took Meldonium. In addition, they want to exclude evidence regarding the amount of Meldonium detected would have a therapeutic or performance-enhancing effect. Also, the evidence regarding WADA’s June 30 Notice of Easing its “Zero Tolerance” Policy on Meldonium.
The judge has yet to rule on the issue but one might expect this to be cleared up at the February 3rd pretrial conference.
Clearly, World of Boxing would like the introduction of the information into evidence to put on the theme of its case of the reasons why Povetkin took Meldonium, that WADA retreated from its original ban of the drug andit was inconsequential to Wilder failing to show up at Russia to fight.
MMA Payout will keep you posted.