A federal judge denied a boxing event producer's attempt to block the Floyd Mayweather-Mike Zambidis fight as part of a breach of contract lawsuit, court records show.
Judge Vernon S. Broderick ruled that an application for a temporary restraining order filed by CSI, an event production company scheduled to put on future Mayweather fights against Mike Tyson and Manny Pacquiao, "failed to meet the requirement of irreparable harm" needed to stop a potential fight between Mayweather and Zambidis from happening.
The initial Mayweather-Zambidis fight, scheduled for June 27 in Athens, Greece, had been canceled after CSI filed the TRO application and the judge did not rule in time for the fight to go forward. Mayweather's attorneys, though, said in a court hearing this week that the fight would be rescheduled if the TRO was denied, potentially within the next 30 to 45 days.
Broderick wrote in his decision "that any reputational damage to CSI does not establish irreparable harm" and that whatever harm might have happened would have already taken place because of the announcement of the Mayweather-Zambidis fight.
"While we don't typically comment on pending legal matters, this particular case is remarkable insofar as CSI and its counsel used litigation as a bully tactic to attempt to prevent Mr. Mayweather from earning a living," Mayweather's attorney, David Jonelis, wrote in a statement to ESPN on Thursday. "We are of course thrilled that our judge's decision allows Mr. Mayweather's fight with Mr. Zambidis to proceed without restraint."
CSI brought the initial suit in June in the Southern District of New York and asked for the restraining order to attempt to halt Mayweather from fighting Zambidis because of exclusive contracts Mayweather had signed for fights against Tyson and Pacquiao. The suit alleged that if Mayweather fought Zambidis before Tyson, it would violate his contract.
The initial suit claimed CSI made deals for the Tyson and Pacquiao fights last year and then Mayweather and his representatives entered into a separate agreement with another company, EverWonder, for the Pacquiao fight. CSI and EverWonder reached an agreement to let the Pacquiao fight proceed on Netflix alongside CSI. It was then, the suit alleges, that CSI learned about Mayweather-Zambidis.
Broderick wrote since CSI's contracts with Mayweather only span two fights -- Tyson and Pacquiao -- any potential losses can be determined monetarily. Broderick also wrote that since the Zambidis fight is an exhibition with different sized gloves and is a six-round fight with 2-minute rounds, "such a likelihood of irreparable harm is not present here."
Broderick also wrote in his ruling that Mayweather's attorney "raised concerns about the validity of the underlying contracts that will require further interrogation and analysis as this case proceeds." Broderick wrote these concerns would be figured out through the course of the case and his did not have any bearing on his denial of the TRO.
"This is one setback based upon the very limited issue of immediate irreparable harm from the Zambidis fight going forward," CSI attorney Judd Burstein wrote in a statement to ESPN on Thursday. "I have no doubt that CSI's rights will be fully vindicated in the coming months."
Broderick also wrote he did not see the need for an expedited preliminary injunction hearing "given my findings regarding irreparable harm." Burstein argued for an expedited hearing Tuesday because if a preliminary injunction hearing happens too far in the future, Mayweather's attorneys could argue that CSI could not fulfill its contractual obligations around the Tyson fight, potentially scheduled for Sept. 26. Mayweather and Tyson had been scheduled to fight this spring prior to the Zambidis fight, but Tyson postponed due to injury.
Burstein claimed Tyson is medically cleared to fight in September, and a future Mayweather-Pacquiao fight could follow in January, with Netflix expressing interest in broadcasting the Pacquiao fight.
Mayweather's attorneys argued that key elements of the Tyson fight in the spring never materialized, including a confirmed venue, logistics and event funding. Mayweather's manager, Walter Jordan, wrote in a supporting statement that "CSI never reached a point where it was fully prepared to proceed with the Tyson event."
Broderick initially heard oral arguments on the injunction on June 24. The next day, Mayweather-Zambidis was postponed.
Melissa Glass, one of Mayweather's attorneys, wrote in a brief to the judge that CSI's legal threats stopped promotion, television distribution and ticket sales of the event, and they decided not to go forward because the court had still not ruled on the emergency injunction.