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".