Al Haymon and the rest of the defendants sued by promoter Main Events for allegedly breaching a contract for a fight between Adonis Stevenson and Sergey Kovalev have filed motions to dismiss the lawsuit. However, the Court has allowed Main Events to amend its Complaint which may render the motions moot.
Some background on the lawsuit is here.
Haymon, Showtime Networks, Inc. and Adonis Stevenson filed a motion requesting an oral argument be heard in the motion to dismiss the Complaint. In general, in federal court, most preliminary motions are decided on the moving papers unless oral argument is requested. Even then, the Court may deny a request. In addition, Richard Schaefer filed a motion to dismiss as well under the theory of respondent superior.
Essentially, Haymon et al. argue that there was no valid contract and as a result the Complaint filed against them should be dismissed. Since there is no contract, the allegations of tortious interference with a contract and interference with economic prospective advantage must be dismissed. Additionally, defendants claim that it lacked the requisite malice and intent needed for these claims.
The overarching issue is the lack of contract agreement. The defendants cite an email which preceded the purported email agreement between Stevenson’s promoter and Main Events. The email indicates that there was an agreement to agree on terms but details needed to be hashed over by attorneys at a later date. According to the defendants’ brief, in New Jersey, an “agreement to agree” upon material terms at a future time is an unenforceable indefinite promise.
Golden Boy also filed a motion to dismiss the tortious interference with contract and interference with prospective economic advantage claims as well. Golden Boy joined the motion of the other defendants but argued in addition that it was not responsible for Schaefer’s conduct on the basis of respondeat superior as the allegations occurred after Schaefer’s resignation. Basically, Golden Boy attempts to absolve itself from any conduct Schaefer may have done while as CEO as it pertains to dealings in the Stevenson-Kovalev deal.
While these Motions to Dismiss were filed, the Court allowed Main Events to submit an Amended Complaint no later than August 4, 2014 (which would make it the Second Amended Complaint). Discovery is stayed (halted) until further action from the Court
Payout Perspective:
As predicted, defendants have filed a Motion to Dismiss citing no formal contract. While emails between parties may be considered a binding contract, defendants make the argument that the terms were not definite and were only an “agreement to agree.” However, the news that Main Events may amend its Complaint may mean it will provide further definitive information on its claim. MMA Payout will keep you posted on the lawsuit.
This not credible lawsuit was originally created to keep Sergey Kovalev under Main Events, that’s it; otherwise Kovalev would left her.
But before he could clearly view the whole picture, she made him sign a long term contract with HBO.
Let me explane, with this lawsuit against Showtime & Haymon; you already know none of her boxers will have the chance to sign with advisor Al Haymon.
1) Depriving them of fair financial opportunities.
As none of them will have the opportunity to won a network deal with Showtime. Because the Kathy Duvas’ legal action, publicly exposed the fact that none of her boxers will make it through Showtime as long they remain with her.
2) Which is highly considered as an anticompetitive business practices, made by Mrs. Duva.
*Which are some CLEAR VIOLATIONS of the rules related with the “Muhammad Ali Boxing Reform Act”.
Mrs Duva is using the judicial system and the taxpayers money, to plead for a contract which was never signed. It’s like abusing the system for external reasons, like convincing Kovalev to stay under her, or persuade HBO she was not lying when she told them the contract was already sign between Adonis Stevenson & Sergey Kovalev…
Did she lost her credibility with HBO ?
– Of course, otherwise HBO would have followed the complaint.
HBO loses no sleep