LESNAR LEGAL TEAM FIRES BACK AT WWE; SAYS WWE COURT FILING WAS "INTENTIONALLY BLURRING FACT AND ARGUMENT"
By: Bob Ryder
12/9/2005 10:12:56 PM
Brock Lesnar's legal team filed a motion today in opposition of WWE's request for a temporary restraining order aimed at preventing Lesnar from working weekend shows for New Japan Pro Wrestling. Lesnar's motion describes WWE's filing as "a brief which reads like the story line to one of WWE's soap-opera styled wrestling events; intentionally blurring fact and argument, just as WWE's productions blur fantasy and reality as necessary to create a good verses evil drama".
Lesnar's filing continues, "As entertaining as WWE's brief may be, the one and only issue the Court need decide is whether the Non-Competition Agreement is enforceable under Connecticut law." Lesnar's filing asks the Court to "deny WWE's ill timed motion for a temporary or preliminary injunction, rule that WWE has waived its right to futher respond to the pending summary judgment motion, and grant judgment in favor of Lesnar declaring that the Non-Competition Agreement is unenforceable as a matter of law.
The Lesnar motion blasts WWE for their last minute effort to block his appearance for New Japan this weekend saying, "Having successfully kept Lesnar in litigation limbo with respect to his rights for the past year, WWE has just now determined it appropriate to 'rush' into Court at the last minute before Lesnar is scheduled to appear at an event in Japan for the purpose of 'temporarily' restraining him from violating the Non-Competition Agreement while this suit is pending."
Lesnar's motion claims WWE officials were "well aware of Lesnar's contacts with New Japan even before the commencement of this action." The motion goes on to quote Lesnar as saying he had several conversations with Shane McMahon prior to his appearance at a New Japan event in January of this year. "I was in conversations with Shane numerous times, told him I was attending, going to attend." The Lesnar motion alleges the WWE filing earlier this week was an attempt to mislead the Court by stating "WWE just learned Lesnar was threatening to breach the Non-Competition Agreement at his November 21, 2005 deposition."
The Court had not announced a decision as to whether to grant the WWE request for a temporary restraining order as of earlier tonight.
The following is yesterday's story posted on 1WRESTLING.COM about the WWE request for a temporary restraining order to prevent Brock Lesnar from working weekend shows for New Japan Pro Wrestling
WWE's legal team filed motions on Tuesday in connection with their ongoing legal battle with Brock Lesnar over conditions of his release from WWE. The motions were filed in the United States District Court for the District of Connecticut asking "for a temporary restraining order and preliminary injunction, for the reasons set forth in WWE's memorandum of law filed concurrently herewith, to enjoin Plaintiff Brock Lesnar ("Lesnar") from breaching the Settlement Agreement and General Release of All Claims (the "Settlement Agreement") between WWE and Lesnar."
WWE is asking specifically that the court issue an injunction preventing Lesnar from:
a: performing or appearing in association with New Japan on December 10 and 11, 2005 and January 4, 2006;
b: otherwise performing or appearing in association with New Japan or any other person or entity involved in professional wrestling during the pendency of this litigation;
c: entering into any agreement to perform or appear in association with New Japan or any other person or entity involved in professional wrestling during the pendency of this litigation; and
d: otherwise breaching his obligations to WWE under the Settlement Agreement and General Release of All Claims.
In support of the request for the restraining order and injunction, WWE said they "recently learned that Lesnar has entered into a contract to perform for New Japan Pro Wrestling ("New Japan") on December 10 and 11, 2005 and January 4, 2006 in brazen disregard and violation of the Settlement Agreement and General Release of All Claims (the "Settlement Agreement") specifically at issue in this matter". WWE says in court filings they first learned of this at a deposition held on November 21, 2005 "after months of Lesnar concealing, and indeed affirmatively misrepresenting" dealings and arrangements with New Japan.
In the deposition, Lesnar was questioned about his understanding of the restrictions imposed by the Settlement Agreement. Lesnar was asked "And on its face do you understand (the Settlement Agreement) to prohibit you from appearing for New Japan if enforceable?" Lesnar's answer was "Yeah, I guess so." A followup question was asked of Lesnar, "And you made a decision not to wait for the Court's decision on your request?" Lesnar's response was, "Exactly 100 percent right".