BoxingTalk Story |
By Scott Shaffer
27/01/2021
On January 15th, Fres Oquendo filed a complaint in federal court in the Northern District of Illinois asking for "an immediate injunction against the WBA to halt the pending heavyweight title fight between Manuel Charr and Trevor Bryon [sic]" and also to declare that "Oquendo is next in line to fight Charr for the heavyweight title." There are a couple of problems with the lawsuit. First, Oquendo hasn't fought since 2014. Second, his attorney did not know how to request an injunction, failing to file the proper papers. Third, he has not yet notified (served) the WBA with the lawsuit. Other than that, he's off to a great start! The judge assigned to the case politely rejected the request for an injunction, writing, "On 1/20/2021, Plaintiff's counsel contacted the Court's chambers to request an emergency hearing on a preliminary injunction. (The Court characterizes the requested hearing as an emergency because it was requested to take place prior to service of the Complaint on Defendant and with less than the three-day notice that the Court usually requires.) Plaintiff's counsel has not, however, filed a motion for a preliminary injunction. Instead, Plaintiff's counsel informed the Court's courtroom deputy that he intends to proceed just on the Complaint. However, to give proper consideration to a request for a preliminary injunction, the Court requires a written motion for that relief; the Complaint is not an adequate substitute. Most importantly, the Complaint does not contain any legal authority, argument, or other explanation regarding how the requirements for preliminary injunctive relief... are satisfied in this case. To be clear, the Complaint is not the proper place for such argument. Rather, Plaintiff must file a separate motion document setting forth the nature of the preliminary relief sought, supporting authority, and at least a brief argument supporting the request. The Court cannot set a hearing on the motion for a preliminary injunction until it has been filed." Oquendo's attorney has so far failed follow up with the correct papers. Charr-Bryan is scheduled for Friday.