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Golden Boy's Chances Of Halting Pacman Bout Slim, None, None Is Out of Town!
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Michael Marley
3/20/2007
PRELIMINARY INJUNCTION - A preliminary injunction is appropriate if the moving party demonstrates either (1) a probability of success on the merits and a possibility of irreparable injury, or (2) serious questions going to the merits and the balance of hardships tipping sharply in his favor. Chalk v. United States Dist. Ct., 840 F.2d 701, 704 (9th Cir. 1988). These are not discrete tests, but are instead "outer reaches 'of a single continuum.' " Id. (citations omitted).
"The grant or denial of a motion for a preliminary injunction lies within the discretion of the district court, and its order will be reversed only if the court relied on an erroneous legal premise or otherwise abused its discretion." Id. An "abuse of discretion" occurs if the district court misapprehends the applicable legal issues or rests its conclusions on clearly erroneous findings of fact. Id. –Source: Legal Text.
So much for the legal mumbo jumbo. What you want to know, boxing fan/Pacmaniac or both, is what are the chances Golden Boy Promotions request before a Nevada judge sitting in Clark County (Las Vegas) has in stopping Manny Pacquaio fighting Jorge Solis April 14 in San Antonio.
The chances are slim and none and, as the old line goes, slim is out of town. No judge is going to prevent Pacman from earning a living because of the ongoing legal dispute over his promotional rights between Oscar De La Hoya and Bob Arum. The Top Rank card will go on as scheduled April 14 although the news about GBP’s seeking to put a screeching halt to the card may hurt Arum with potential sponsors and other third parties who do not want to get dragged into the matter. There is also a chance that GBP could get some of Top Rank's income from the PPV show in Texas tied up but that is another slim reed.
I don’t think GBP can show "a probability" of success on the merits because which promotional contract is valid is an issue that will, if the case keeps going, be decided by either a judge or a jury. These are factual questions and any judge now will say that he or she does not have enough indisputable information to say whether either GBP or TR is probably going to be successful in the end. As to irreparable injury, Arum’s legal team will argue that win, lose or draw in the ring, any possible damages GBP would incur are financial and thus are not irreparable.
As to prong 2, Arum and De La Hoya are multimillionaires who own large and successful promotiomal companies. Call the balance there a draw between the wealthy promoter (Arum) and the wealthy fighter-promoter (ODLH). This is the same ODLH who is expecting to gross about $30 million from his May 5 Superfight with Floyd Mayweather.
If a balancing of the hardships is done, then it is Pacquaio who has those "tipping sharply in his favor." Just like De La Hoya, Manny’s career is finite, limited at some point by age and physical condition. How could Oscar argue any differently?
As to Arum, at age 75, he has been promoting multimillion dollar bouts since 1967. Neither De La Hoya nor Pacman will have such longetivity in the ring.
Bottom line? Big headlines, panic in some uninformed quarters, and on April 14 Pacquaio settles matters with Solis in the ring in San Antoio.
The legal battle will drag on and on and on...
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Reader Ratings:  (43) Votes. Vote.
| Name: |
Sodamn Insane |
Date: |
3/20/2007 |
Cmon Mr Schaffer show a little class don't be so vindictive towards boxing fans . So what if MP vs
Solis will make more money than fearless . Let the fans enjoy don't be such a kill joy or we might have to deport your punk ass back to the Alps where you can't do no harm !!!!!!!!!!!!!! |
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| Name: |
Saiyan |
Date: |
3/20/2007 |
| Pacquiao is stupid in opting for Top Rank. He could have made an easy $5 million with a Barrera bout (plus PPV percentage not to mention other Philippine bonuses), cause we all know he can take Barrera out in five maybe six rounds. Not only does he get the easy money he could have gained more respect and prominence if he won. And if say Floyd Gayweather losses to ODLH, then Pacquiao would be No. 1 P4P. After that he could make anonther easy $5 to $10 million against Marquez. Not only that if he beats them both or one of them (Barrera or Marquez), if he still wants to go to politics, that will definitely help him with his campaign. So who's stupid and who's not? Let them ask themselves. |
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| Name: |
Anonymous |
Date: |
3/20/2007 |
| Promoters have made the boxing world not good for the fans' health. All they want is money, money, money. Useless pride and so on and so forth. We fans have no say at all. I'll probably look for another sport to be crazy about. Can you Arum and De la Hoya, please please us for once? |
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| Name: |
Guest |
Date: |
3/20/2007 |
 Excellent explanation Marley.
As to the actions of both companies, I think that maybe GBP is at fault. Pacquiao was already signed to fight Morales and even if that didn't legally stop them, they pulled a Don King with the briefcase full of cash. I hope GBP loses this legal battle.
The one thing that really pisses me off though is hearing Oscar and Richard talk about doing good for the sport and the fighters. GBP, Shut the f**k up. Unfortunately some of the general public believe Oscar's statements.
I actually think Oscar beats Floyd but I hope Oscar gets beat like a little b**ch. |
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| Name: |
BOX FANATICO |
Date: |
3/20/2007 |
| It is reported that Pacquiao sued GBP for signing him "UNDER DURESS?". I think that Pacquiao won't have the sophistication to do all this without legal advise from someone. The way I see this new development is to get the pressure off his lawyer GACAL. As of now GBP is trying so hard to prove that the contract was legal because GACAL was there doing his "fine tooth combing" at the time. The question is who is advising Pacquiao legally on this one? Sorry fans but I am not a legal expert. Let's pray for Manny and that he may do well against Solis. |
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| Name: |
ELGRAGONYO |
Date: |
3/20/2007 |
Mr. Bob Marley,
Wow! So you are the official mouthpiece of Top Rank eh?
So, do you think PACMAN is stupid for signing 2 contracts?
Regards,
Elgragonyo |
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| Name: |
BOYAXKIE OF TAGUIG CITY, PHILS. |
Date: |
3/20/2007 |
| RRRRIIIIGGGGHHHHTTTT!!!!! BOTH B.A. & ODLH ARE MULTI MILLIONAIRES.WHY DO THEY CRUSH MORE WITH EACH OTHER.IN DOING SO PACMAN WILL BE SANDWICHED & FLATTENED TO DEATH.IF WORST COME TO WORST & THEY HURT PHYSICALLY WITH EACH OTHER & WORST SCENARIO CAME IN. ONE OF THEM IS DEAD & THE OTHER IN JAIL FOR A LIFE SENTENCE.SSSSSOOOO!!! WHAT`S THE USE OF THEIR MILLIONS BY DESTROYING THEMSELVES.IT`S NOT DIFFICULT THAT PRICIPLES CAN BE COMPROMISED & PRIDE CAN BE SWALLOWED. SO KINDLY PROJECT A GOOD CROSS ROAD FOR BOTH OF YOU HONORABLE BA & ODLH.THANX MIKE & GOD BLESS. |
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| Name: |
Marley is a Idiot!!!! |
Date: |
3/20/2007 |
 I just want to know a couple things... How much does this idiot Marley gets paid by Arum??? Is Gacal really a lawyer, cause he is more like a leech...Gacal, Marley and all the other PacMan leeches need to stop Impairing Pacquiao's Career.. |
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| Name: |
Observer |
Date: |
3/20/2007 |
| Many people felt it a big waste that Pacquiao had settled with Top Rank instead of GBP. These are the people who drooled over the $5M that Pacquiao could have easily gotten to fight Barrera had he opted to fight under GBP. But what about the principle involved here? Pacquiao already signed a contract with TR before he signed with GBP. One of the significant stipulations in that TR contract was the prohibition of Pacquiao to discuss or enter into any agreement with any promotional outfit until his 3rd fight against Morales was over. But Pacquaio as we learned was induced to sign with GBP in a manner that was full of haste and out of protocol. Notwithstanding the effectivity date of the GBP contract which was reported to be after the Morales fight, that contract with GBP becomes illegal simply because the same agreement was forged within the timeframe that Pacquaio was prohibited to do in his contract with TR. This is the simplest argument that the TR legal team will focus on. As early as now I can see a win for Top Rank over GBP - a TKO in the first round. On GBP's latest move to halt the Pacquaio-Solis fight, this is another wrong move of GBP that will lead in another TKO win for TR. Boxing is not all money! |
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| Name: |
Observer |
Date: |
3/20/2007 |
| Many people felt it a big waste that Pacquiao had settled with Top Rank instead of GBP. These are the people who drooled over the $5M that Pacquiao could have easily gotten to fight Barrera had he opted to fight under GBP. But what about the principle involved here? Pacquiao already signed a contract with TR before he signed with GBP. One of the significant stipulations in that TR contract was the prohibition of Pacquiao to discuss or enter into any agreement with any promotional outfit until his 3rd fight against Morales was over. But Pacquaio as we learned was induced to sign with GBP in a manner that was full of haste and out of protocol. Notwithstanding the effectivity date of the GBP contract which was reported to be after the Morales fight, that contract with GBP becomes illegal simply because the same agreement was forged within the timeframe that Pacquaio was prohibited to do in his contract with TR. This is the simplest argument that the TR legal team will focus on. As early as now I can see a win for Top Rank over GBP - a TKO in the first round. On GBP's latest move to halt the Pacquaio-Solis fight, this is another wrong move of GBP that will lead in another TKO win for TR. Boxing is not all money! |
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| Name: |
proud pinoy |
Date: |
3/20/2007 |
| Greed and control freaks!!!!! thats what OLDH is all about.Show some class and decency guys and dont sacrifice boxing fans for your differences .Settle your problems and let the fights begin!!!! (putangina!!!!) |
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| Name: |
Anonymous |
Date: |
3/20/2007 |
| Golden Boy is being GREEDY damn just let the fans enjoy boxing. |
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| Name: |
daredevil |
Date: |
3/20/2007 |
| been sick and tired reading articles concerning pacman mess in boxing. i hated pacman so much since he turn the table upside down when he entered into dirty politics notwithstanding the problems that had caused him multi million dollar earnings. the mess with promoters gdl and tr are what people believe will put pacman in the garbage. all of these things are made to happen by his sorroundings. ill advised from gacal, atienza, singson etal. poor pacman, you should wake up and make your own decision. these people that sorrounds you are only using you on their political ambition. I read Mr. Ronnie Nathaniel's article at philboxing.com and it's very interesting to read. I agree to what Mr. Nathaniel wrote that he blew everything and he will blew his own career. I also agree that pacman will not land a big fight with TR since dlh has what it takes to give pacman a good and money worth fights. to all readers and pacman haters, believe it is not manny's fault but his ill advisers. the only fault of manny is his soft heart that he can easily agree to whatever offers made by his ill advisers. signing two different contracts???? is gacal a true lawyer???? i suspect gacal cares only about money and does not have interest in protecting manny. |
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| Name: |
Just Me |
Date: |
3/20/2007 |
| I dont understand all this animosity towards the author. Why are you so pissed with Marley? All he said was that the chances of GBP stopping Pacquiao vs Solis is slim to none. What's so wrong about it? You know some of you pacmaniacs are really idiots, not knowing when to appreciate a positive writeup about your idol when you see one! I pity you, stupid pacquiao fans! |
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| Name: |
Big Buzzsaw |
Date: |
3/20/2007 |
Damn more trouble for Pacman.
Well, he had it coming with the aide of the vultures around him.
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| Name: |
Anonymous |
Date: |
3/20/2007 |
It's only the beginning for pacman.... A lot more left.. Mukha ka kasing pera pakyaw..
By the way, where is GACAL now? He is hiding? Oh camon GACAL show to the fans your concern. Mukhang pera ka rin.. You'd said in the TV interview that the U.S. court mabilis mag decision.. Are you a lawyer or a lier?
How good are you when you dont know the legal implications for signing two contracts? Ngayon pa ako nakakita na may abogado palang ganun..BOBO at MUKHANG PERA.
Look at Pakyaw now.. He loses the $5M opportunity with BARERA. BOBO ka pareho lang kayo ni PACMAN mga BOBO.
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| Name: |
Box Fan |
Date: |
3/20/2007 |
For boxing sake, ODLH and TR, cmon lets give the boxing fan a terrific fight. You crooks, you did no good for boxing! No wonder, MMA is rising and going to surpass boxing! Too bad! |
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| Name: |
charles |
Date: |
3/20/2007 |
GBP is very vindictive, stop trying to put pacman's career to a hault.
Let the boxing world enjoy seeing the most exciting fighter in our era. GO PACMAN! |
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| Name: |
pinoyako |
Date: |
3/20/2007 |
| To Mr. Oscar dela Hoya: Hoy! hoy! hoy! don't be a killjoy! The world awaits with great excitement Pakman's fight with Solis. Don't put the cart before the horse. That's all. |
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| Name: |
Belat |
Date: |
3/20/2007 |
Pacman, YOU DESERVE IT. HAHAHAHAHAHA
Very arrogant... |
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| Name: |
Bahay Kubo |
Date: |
3/20/2007 |
If were you Shaffer & Golden Boy I would focus on your May 5 date with Floyd. That's a sure money. Forget about entangling yourselves in a battle you aren't sure you'll win. No matter how vivacious is the school of fish in the ocean, you can not catch them all. Most of them will slip off your finger.
Assuming that you come out victorious in the court and the court ordered Manny to honor his contract with you, how would you expect Manny to work with you in harmony. Manny is a gift sent from heaven to entertain us.
The sport and it's followers will suffer most. |
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| Name: |
Neil of Cebu, Philippines |
Date: |
3/20/2007 |
| Golden Boy is trying to establish monopoly in the world's boxing industry. They harass Pacquiao with suits simply because he refuses to join Golden Boy in its monopolistic practices. Golden Boy is a selfish and greedy company. |
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| Name: |
BUWISIT NA KAY PACMAN |
Date: |
3/20/2007 |
| WHO CARES ABOUT DELA HOYA AND BOB ARUM? THEY'RE BOTH ASSHOLE. PAKYAW WILL BE KO'D VS. SOLIS AND FOR HIS BID IN CONGRESS..KO'd TOO. THAT'S MY BALL CRYSTAL IS TELLING ME. |
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| Name: |
baklita |
Date: |
3/20/2007 |
manny pacquiao initiated all this mess. chaotic as it is... pacman still couldn't comprehend the nature of his trouble and the extend of his created problems. manny's bad decisions guaranteed him being irresponsible, undecisive and he seems couldn't grasp what's right and what's not right for his boxing career.
pacman hangs out with the wrong crowd... chavits. he denied but later confirmed extra-marital affair... joana. no palabra-de-honor and missed appointments left and right. he signed two contracts when cold cash was right offered in his face. manny is really smart.
he's going down... worse than rolando navarrette. or an early sign of parkinson's disease? is manny playing stupid or just being plain stupid?
aihihihi!!! :)
baklita |
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| Name: |
chico |
Date: |
3/20/2007 |
| i want to kill named "GACAL" you gacal sucks!!!!! you are the who's responsible of all this now fuckin bastard!!! to the family of mr gacal kill him!!! |
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| Name: |
ctopeb |
Date: |
3/21/2007 |
 For many boxing fans, they want Pacman to chase those they say as elite fighters in his division. But we should open out our eyes. By now that many considered PACMAN as the best of them all, its not PACMAN who should chase them, it should be them who should go and find PACMAN. He's on top right now, and that is what he should be proud of. He may not be wearing a world championship belt, but he is the people's champ. |
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| Name: |
aztec warrior |
Date: |
3/21/2007 |
| oh now i see it those crocodiles are fighting again for the goods that pac will bring them, so what will happens next? i think the best way for those crocodiles promoter is to kill pacman ok just do it |
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| Name: |
Atty. Gacal |
Date: |
3/21/2007 |
 
why u always go against me...it's manny's decision to follow me...
i am the master puppeteer...the mastershowman whom everybody dont know..i am the true champion..
i can make manny go up and go down...i am the best lawyer in the phils...
i adviced manny to join Top Rank for his own good..and mine too...so whatever u do in here,u cant convince him..convince me first...
i truly have the punching power..i can make manny congressman afterall...
i am the Jackal... |
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| Name: |
joelspiderman of cavite |
Date: |
3/21/2007 |
| manny's lawyer is stupid.. the sooner he dispose him the better. |
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| Name: |
Ottog Matalam Onacoli |
Date: |
3/21/2007 |
Bob Marley,
I thought you're a plain Journalist but while reading your article, it suggest that you are no ordinary Lawyer like Yale or Harvard graduate Bob Arum. Congratulation, I am your new fan.
Bob Arum is a very smart guy(only looks kind of Gay but I guess a Bisexual), before getting into a potential trouble, he already knew the ins and outs. In Chess, he is like a Grandmaster and Schaeffer is like an Amateur Chess player(no wonder a CEO-appointee by ODLH or self-declared CEO of GBP).
Atty. Gacal? I think he is a Summa Cum Laude Law Graduate......in a Community College in the Province of Bukidnon and took the Bar Exam several times. |
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| Name: |
vicv |
Date: |
3/21/2007 |
| Good write-up Mr. Marley. Hopefully, some of the stupidest of fans can be enlightened as to the legal principles involved... Informative. |
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| Name: |
bahug BOTO |
Date: |
3/21/2007 |
Go Solis... Knocked him(pacquiao) out with your fucking fist. He is not well prepared because of his political ambition. He can't be focused on this bout. And he is looking you down. Proved to the fans especially filipino fans that you can make him dead. Avenge morales. Avenge the mexicans. I am a Filipino but I don't like pacquiao's behavior. He's too ambitious that he can serve two masters at the same time. You can do it. Imposible is NOTHING.
And to Erik Morales, my regards. You are the truly champion. Keep the good work Erik. Don't go beyond like Pacquiao. He is underestamating every oponent he have because he is so arrogant.
And to the WBC president, don't give too much attention to pacquiao. He is not worth for that. There are much worhty than him. |
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| Name: |
pinoylondon |
Date: |
3/21/2007 |
Much more legal problems to come involving Pacquiao and his promoters. I fear for the time when Pacman's mind can't cope and simply go mad for all of these battles (boxing ring battle, court battle, political battle). Pacquiao can someday lose out his mind and become like Frank Bruno.
The root of all these issues are the dumbness of pacquiao as a results of his lack of education and the greed, bad to worst advices and decisions of the so called attorney Franklin 'stupid' Gacal.
Pacman need to do the following priorities:
1. Sack and replace his lawyer.
2. Quit politics
3. Enroll in law school
4. communicate with GBP and Trainer Roach
5. Live a simple Christian life.
If the above things are ignored, pacman may end up in a hospital with a brain hemorrage of in a mental hospital with mental illness.
"WALANG MAUNANG PAGSISISI, PALAGING NASA HULI." |
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| Name: |
amir lebanon |
Date: |
3/21/2007 |
hey, CHRIS JOHN will finished them all.. im INDONESIA!! i love myself..
 nobody can beat me and CHRIS JOHN.. hello mr.bean |
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| Name: |
Anonymous |
Date: |
3/21/2007 |
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| Name: |
Anonymous |
Date: |
3/21/2007 |
| Gacal? Ateneo College of Law grad...member of Utopia fraternity...3 time Gensan City councilor...father is a former City Fiscal... |
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| Name: |
alex buncayao brigade |
Date: |
3/21/2007 |
Gacal, from Ateneo? Ganon pala kabobo ang mga law graduate ng Ateneo. Any body from the DECS or Dep-ed here? Can Ateneo's law dept standards be raised to a satisfactory level? Gacal is a bad model. Because of what he'd done, he will be on our hitman's list for assasination, also Singson, Atienza, Codenera and all dumb stupid movie stars in the politics who are all worst model of the young generations.
Pacquiao, we in the underground/left wing are proud of you but we don't want your idea of entering the dirty politics of the Philippines. There's still time to amend and sort your troubled situation. |
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| Name: |
ricardo mayorga |
Date: |
3/22/2007 |
| I think toprank is better than golden boy cause the way i see it golden boy are treating mexican fighters better than the filipino fighters i mean they just dont care about the filipinos delahoya sucks a lot of filipinos under gbp has lost because of the opponents plus the judges penalosas fight with deleon is not a good choice for penalosa he should have stayed in the weight category he is comfortable with he is like a prey being feed to a lion but the fight didnt really looked that way gerry was the predator and deleon was the prey but becaus of ridiculus judging penalosa lost by a unanimous decision which he only won one round thats bullshit penalosa won that fight!! and Z gorres another fighter from the gbp fighting montiel in the phil gorres was the one outboxing montiel and still he lost, it is like the penalosa -deleon fight were gorres is deleon and montiel is penalosa..I am just worried cause boom boom another filipino fighter under gbp is in danger cause gbp is his manager and if he fights deleon and he will pummel deleon and i think he will stil lose cause gbp will choose the judges and that sucks.. |
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| Name: |
Kahit Munti |
Date: |
3/22/2007 |
Boom Boom and Banal must quit the GBP now before another panel of hand-picked judges give them a beating in their victory.
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