Case 1:21-cv-02709-JGK-DCF Document 63 Filed 07/09/21 Page 1 of 4

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

DIBELLA ENTERTAINMENT, INC., a New York

corporation,

Plaintiff, DECLARATION OF ALEX

DOMBROFF
- against -

O’SHAQUIE FOSTER,

Defendant.

ALEX DOMBROFF, pursuant to 28 U.S.C. § 1746, hereby declares under the penalty of

perjury:

1. I am a licensed attorney, admitted to practice in New York. I serve as General Counsel of DiBella

Entertainment, Inc. (“DBE”).

2. DBE is a promoter of professional boxing and is licensed as a “promoter” by various athletic

commissions in the United States.

3. Generally speaking, promotional licenses are issued by commissions for a period one (1) year or

less. In order to stage a boxing event in a particular jurisdiction, it is necessary to first obtain a

promoter’s license in that jurisdiction. Accordingly, DBE obtains a promoter’s license in the

applicable jurisdiction on an ad hoc basis when it knows it will promote or be involved in the

promotion of events in such jurisdiction.

4. To the best of my knowledge, since 2015, DBE has been licensed as a promoter in the following

jurisdictions: New York, Connecticut, New Jersey, Alabama, California, Oklahoma, Ohio,

Massachusetts, Pennsylvania, South Dakota, Texas, Utah, as well as various other tribal

commissions that govern boxing on sovereign land. Attached hereto as EXHIBIT 1 is a true and

correct copy of the promotional license DBE held in New York as of April 1, 2019.
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5. Title 15 U.S.C. §6301(3) defines the term "boxer registry" to mean “any entity certified by the

Association of Boxing Commissions [‘ABC”] for the purposes of maintaining records and

identification of boxers.” The ABC is a collective organization of the commissions that have

jurisdiction over boxing in the United States and the organization that sets the regulations for all

championship bouts in the United States (commonly referred to as the “unified rules”). At the 28th

Annual Conference of the ABC held from August 1-3, 2016, the ABC designated BoxRec.com an

official “boxer registry” as recorded in the ABC’s minutes See, http://www.abcboxing.com/wp-

content/uploads/2016/10/2016_minutes.pdf Pursuant to 15 U.S.C. §6307, “[n]ot later than 48

business hours after the conclusion of a professional boxing match, the supervising boxing

commission shall report the results of such boxing match and any related suspensions to each boxer

registry. Attached hereto as EXHBIT 2 is a true and correct copy of BoxRec.com’s list of the

events DBE has promoted or co-promoted in its history. The BoxRec.com list of DBE promoted

events establishes that of the approximately 300 boxing events for which DBE, through

DiBella, is identified as the promoter of record, from January 1, 2018 and to April 1, 2019

(the effective date of the PA), DiBella, through DBE, was the promoter of record of 22

boxing events and subsequent to April 1, 2019, he is listed as the promoter of record of 21

events.

6. On April 1, 2019, DBE entered into a Media Rights License Agreement (“MRLA”) with Zuffa

Holding Company, LLC, which does business as the Ultimate Fighting Championship, better

known as the UFC. Pursuant to the MRLA and its subsequent renewal and modification, DBE has

promoted and produced and continues to promote and produce a number of professional boxing

events for the UFC’s streaming service known as Fight Pass.

7. O’Shaquie Foster (“Foster”) has reaped the benefit of DBE’s relationship with the UFC. Foster’s

first two bouts after signing with DBE were on shows DBE promoted and produced for Fight Pass.
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8. In addition to Fight Pass, DBE also has a longstanding relationship with Showtime Networks, Inc.

(“Showtime”). Showtime has historically televised a number of DBE boxing events and it

continues to do so, e.g., Showtime televised DBE’s March 10, 2021 event that took place in

Uncasville, Connecticut (in a “bubble” environment, with the athletes sequestered and no tickets

for admission sold).1 According to BoxRec.com, DBE was the only promoter in the United States

to promote a boxing event on that date, and there were only two other events outside the U.S. on

that date, which evidences the pandemic’s continuing effect on boxing.2

9. Just last month, in June 2020, DBE entered into an agreement with the upstart streaming service

Triller (which has already produced several high-level boxing pay-per-view events) to promote a

series of championship-level professional boxing events on a monthly basis at Madison Square

Garden, beginning August 3, 2021. Attached hereto as EXHIBIT 3 is a true and correct copy of an

article from BoxingScene.com reporting the new DBE/MSG/Triller monthly series.

10. The foregoing license agreements with the UFC, Showtime and Triller all contain confidentiality

provisions, and therefore I am not at liberty to attach them to this declaration, but they can all be

made available for an in camera review by the Court should it desire.

11. Attached hereto as EXHIBIT 4 is a true and correct copy of the Muhammad Ali Boxing Reform

Act fighter revenue disclosure required by 15 U.S.C. 6307e that DBE provided Foster prior to his

December 5, 2019 bout (on a show promoted and produced by DBE and which aired on UFC Fight

Pass), which is signed by Mr. Foster.

12. Attached hereto as EXHIBIT 5 is a true and correct copy of a press release distributed by the

McCathern law firm on or about August 9, 2021 which identifies Foster’s counsel, Mr. Drinnon,

1
See, https://boxrec.com/en/event/828478 from BoxRec.com, an official “boxer registry” and which identifies

DiBella as the promoter of the Event and Showtime as the USA media network.

2
https://boxrec.com/en/date?d%5Bdate%5D%5Byear%5D=2021&d%5Bdate%5D%5Bmonth%5D=3&d%5Bdate%5

D%5Bday%5D=10&d_go=&d%5Bsport%5D=
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as a media contact. The release was issued approximately two days after Foster filed his answer,

affirmative defenses and counterclaims (ECF No. 28) and disparages DBE by stating that “DBE is

no longer a fight promoter but rather a fight broker, as he no longer has the requisite connections

and other characteristics required of a promoter.”

Dated: July 9, 2021

______________________
ALEX DOMBROFF