An order of default was obtained by attorneys for Moises Heredia in the lawsuit against MTK Global Sports Management and Daniel Kinahan.
The lawsuit was filed related to Heredia’s representation of Jojo Diaz and the purported interference of the relationship by MTK Global and its founder Kinahan.
Golden Boy Boxing was also sued as a result of representation with another boxer.
MTK and Kinahan have yet to respond to the lawsuit. As a result, Heredia filed an order of default against the two which was filed with the court on last week. For the lawsuit to go through, the defendants must be personally served or through alternative means.
Since Kinahan is not located in the U.S., Heredia’s attorneys have to serve him in the United Arab Emirates where he resides. According to a declaration filed in the case, a copy of the summons and complaint was sent to MTK Global via courier service, email and published in English/Arabic newspapers. Similarly, MTK Global’s business is located in the UAE and was served in a similar fashion.
While the order of default was entered, a default judgment was not. The default judgment determines the amount of money entitled to the plaintiff which is usually indicated in the lawsuit and/or proven through declarations by the plaintiff. If that occurs, Heredia can proceed to obtain the judgment from Kinahan and MTK Global. Yet, that would be a harder process for Heredia than actually fighting a lawsuit against MTK/Kinahan. Without any bank accounts or property in the U.S., it would be a difficult process to get the right to a judgment enforced outside the jurisdiction.
Of course, Kinahan’s attorneys could come in and ‘set aside’ the default or a judgment at any time and appear in the lawsuit which might be strategy.
Payout Perspective:
MPO will continue to monitor the lawsuit but Heredia needed to do something to move this case along as MTK/Kinahan has done nothing since the lawsuit was filed. The order of default is a precursor to getting a judgment against the defendants which Heredia hopes to ‘smoke out’ MTK/Kinahan. We will see if this does it, otherwise Heredia will have a money judgment in a U.S. jurisdiction but the process to find a foreign entity to enforce the judgment will be hard to do.
Leave a Reply