Professional Documents
Culture Documents
Plaintiffs,
-- against --
Defendants.
--------------------------------------------------------)(
WORLD OF BO)(ING LLC,
ALE)(ANDER POVETKIN, and Civil Action: 16-cv-04870 (ALC) (GWG)
ANDREY RYABINSKIY,
Plaintiffs,
-- against --
DEONTAYWlLDER, DffiELLA
ENTERTAINMENT, INC., and NOTICE OF MOTION
LOU Dffi ELLA ,
Defendants.
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PLEASE TAKE NOTICE that, based upon (a) the annexed November 13,2017 Declaration
of Peter B. Schalk, Esq., with exhibits, (b) the accompanying November 13,2017 Memorandum of
Law, and (c) all of the prior proceedings heretofore had herein, Plaintiffs and Defendants Deontay
Wilder, DiBella Entertainment, Inc. ("DBE"), along with Defendant Lou DiBella (collectively, the
"Wilder Parties"), will move this Court, before the Honorable Gabriel W. Gorenstein, at the
Courthouse located at 500 Pearl Street, Courtroom 6B, New York, New York 10007, at a date and
time to be set by the Court, for an Order granting (a) in Case No. 1: 16-cv-04423 (ALC) (GWG),
the Wilder Parties' motion for summary judgment on (i) their Complaint's First Claim For Relief
Case 1:16-cv-04423-ALC-GWG Document 284 Filed 11/13/17 Page 2 of 3
for breach of a WBC Bout Agreement, dated as of April 11, 2016 (the "WBC Bout Agreement"),
entitling the Wilder Parties to no less than (a) $4,369,365.00, plus interest, in damages for breach
of the WBC Bout Agreement, and (b) $27,500 in damages for travel expenses incurred, and (ii) on
their Third Claim For Relief for Declaratory Judgment that they are entitled to release of the Escrow
Property in the amount of $4,369,365.00, plus interest, held by escrow agent The Chicago Trust
Company, N.A., and further for summary judgment dismissing (i) Defendants World of Boxing LLC
("WOB") and Alexander Povetkin' s First Counterclaim for Breach of the WBC Bout Agreement,
(ii) WOB's Second Counterclaim for Breach of the April 19, 2016 Escrow Agreement, and (iii) both
Defendants' Third Counterclaim for Breach of the Covenant of Good Faith and Fair Dealing; and
(b) in Case No. 1:16-cv-04870 (ALC) (GWG), an Order granting Mr. Wilder, DBE, and Lou
DiBella's motion for summary judgment dismissing (i) WOB and Povetkin' s First Claim For Relief
for breach of the WBC Bout Agreement, (ii) Second Claim For Relief for Breach of the Escrow
Agreement, and (iii) Third Claim for Relief for Breach of the Covenant of Good Faith and Fair
Dealing; together with such other and further relief this Court deems just and proper.
Pursuant to the parties' October 13, 2017 joint status report (Doc. No. 273), the WOB
Parties' opposition to the Wilder Parties' motion for summary judgment shall be served by on or
2
Case 1:16-cv-04423-ALC-GWG Document 284 Filed 11/13/17 Page 3 of 3
Yours, Etc.,
/'
JUDD ~t1RSTEIN, P.C .
./."
By:_I..L-..~_/
_ _ _ __
Peter B. Schalk, Esq. (PBS-8257)
5 Columbus Circle, Suite 1501
New York, New York 10019
Tel.: (212) 974-2400
Fax: (212) 974-2944
Email: pschalk@burlaw.com
Attorneys for Deontay Wilder,
DiBella Entertainment, Inc., and
Lou DiBella