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World of Boxing LLC et al. v. Wilder et al., No. 16-cv-04870 (ALC) (GWG)
Wilder et al. v. World of Boxing LLC et al., No. 16-cv-04423 (ALC) (GWG)
WADA banned Meldonium as of January 1, 2016. There is no dispute that Mr. Povetkin had
taken Meldonium in September 2015before WADA announced the ban. Moreover, WADA
issued a report in April 2016 that Meldonium clears the body slowly and irregularly, so that a
level of 1.0 or below as of that time was not automatically disqualifying. To be 100% clear,
there is no dispute that Mr. Povetkins 0.07 level was well below the 1.0 WADA cutoff.
The Court and the World of Boxing parties relied on Mr. Bursteins representation that he
was not going to be making motions, and the Court set the ambitious discovery and trial
schedule. The World of Boxing parties also relied on Mr. Bursteins promise that his clients
would meet their discovery obligations. The changed circumstances require a change in plan, so
that the World of Boxing parties have a fair chance to meet the threat to disqualify their chosen
trial counsel and to eliminate the irrelevant and unfairly prejudicial testimony of Mr. Wirt
without the burden of an expedited discovery schedule at the same time.
We stand ready to appear at the Courts convenience to discuss this request.
Respectfully yours,
cc:
EFC Counsel