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Boxing Contender O'Shaquie Foster Answered Dibella Lawsuit But No TRO, PI Papers June 11

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, June 9 – Boxer O'Shaquie Foster wants to drop promoter Dibella Entertainment, which has sued him and is stopping his probably short career at a key point. 

     On May 11, U.S. District Court for the Southern District of New York Judge John G. Koeltl held a proceeding. Inner City Press covered it. 

  Both sides said they want this proceeding to move quickly, given how time bound a boxer's career can be. But the best that could be done was a discovery schedule running through October 29.

Will this contender still have a shot by then?

On June 9, Judge Koeltl held another proceeding, and Inner City Press live tweeted it, here:

Judge Koeltl asks why a Temporary Restraining Order is being sought.

Response: No one will give a fight with threat of litigation hanging in the air.

 Judge Koeltl: How could I decide that on a TRO? With the absence of an imminent fight...

 Judge Koeltl: The ability to move forward with a new promoters sound more like a Preliminary Injunction matter.

Answer: We could have a one-off agreement, like with Bash Boxing. In the 14 or 28 days, we can get more than one offer for Mr. Foster to box.

 Judge Koeltl: I don't do TROs ex parte.

Dibella's lawyer: We are ready to promote him. He is refusing. Lou Dibella is in the boxing Hall of Fame. I've been in the business 30 years and I've never heard of the promoter they're promoting.

 Dibella's lawyer: We offered him a fight next week on a major network, he turned it down. Fighters like Foster can't be allowed to just run off.

Judge Koeltl: I am unlikely to sign a TRO. The papers for a Preliminary Injunction should be filed on Friday.

And afterward he ordered: "ORDER: For reasons stated on the record at the conference today, the pending requests for the temporary restraining order and preliminary injunction are denied with leave to refile on proper papers pursuant to Local Civil Rule 7.1. The defendant shall file the appropriate papers by June 11, 2021, the plaintiff will respond by June 18, 2021, and the defendants will reply by June 23, 2021. The plaintiff may move on the counterclaims without a pre-motion conference. The parties shall file a Rule 26(f) report by June 24, 2021.

On the eve of a pre-trial conference, Foster has answered - sent to Inner City Press by his counsel - including this declaration: "My name is O’Shaquie Foster. I am over the age of eighteen (18), of sound mind,  and duly authorized and competent to make this declaration. The facts stated in this  declaration are within my personal knowledge and are true and correct.

2. I have never been personally served with any document other than the Original  Complaint with Jury Demand on April 8, 2021; 3. I never received an email from Alex Dombroff on March 27, 2020;

4. Of the three (3) fights that I have participated in during the period of the  Promotional Agreement, only one took place in New York City, New York; 5. On July 17, 2019, I stopped Jesus Bravo by knockout to win the WBA’s Fedecentro  Super Featherweight Title in San Jose, Costa Rica;

6. On December 5, 2019, I won a unanimous decision against Alberto Mercado to  retain the WBC’s Silver Super Featherweight Title in New York City, New York;

7. I have never signed an amendment to the Promotional Agreement. Specifically, I  did not agree to any extension of time because of the COVID-19 pandemic; and

8. On December 8, 2020, my manager posted a tweet to my twitter account regarding  my top ten ranking by one of the four main sanctioning bodies.” Watch this site.

The case is DiBella Entertainment, Inc. v. Foster, 21-cv-2709 (Koeltl)

***

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