Irregular Report 35

Happy Halloween!!

Here and There
Flash
The CyclingNews reports that the Floyd Landis to HealthNet deal is "done" with HealthNet as sponsor being replaced by OUCH Sports Medical Center which was co-founded by Landis friend and physician Dr. Brent Kay:

After a lot of speculation, the replacement for Health Net as title sponsor of the five-time top NRC men's team is now official – OUCH Sports Medical Center, based in Temecula, California, will take over the sponsorship of the team run my Momentum Sports Group, to be officially named OUCH presented by Maxxis. As well, it is confirmed that Floyd Landis will join the team following the end of his suspension in January of 2009.

Pommi makes note of the news that Floyd Landis will join the Ouch Sports Medical Center cycling team when his suspension ends in January.

Euro Peloton suggests that Floyd Landis might face some harsh crticism when he returns to competition, but concedes that Landis has every right to come back if he so chooses.

Rant also covers the news that Floyd Landis' comeback is somewhat more certain, though Rant wonders about the status of Landis' lawsuit and the CAS imposed $100,000 fine.

Cycling Examiner has the Landis to the OUCH presented by Maxxis team story as well.

Potholes and Roadapples, a blog which is written in Lancaster, PA near Floyd Landis' hometown, also talks about Floyd's new OUCH team.

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Irregular Report 34

Velonews published a letter by TBV about life bans and misrepresentation of the Landis case in a prior letter.

It is unfortunate that Mr. Darcy (in the Oct. 24 Mailbag) feels the need to say those who disagree with him are "morally bankrupt." This seems to reflect the tenor of the times where we people can't come to different conclusions without disrespect.

Mr. Darcy misstates a number of points regarding the Landis defense. Landis' position has always been that he didn't do what he is accused of, and he has been trying to find out why the tests have reported incorrect results. In particular, his' defense team has never agreed that the second type of tests (IRMS) can't produce false positives. Here, Mr. Darcy puts words in Landis' mouth.

The IRMS test is complicated and subject to many possible errors and interpretations that can lead to erroneous conclusions. At the same time, the WADA Code's adjudication procedures are not designed to reveal such errors, but to find the accused guilty. When riders are caught literally red-handed or confess, this is not at issue. There is no doubt that much doping does occur, and that most reported results are correct. Problems arise when someone who may be innocent of the charge runs into the stone wall of The Code, and the circled wagons of agencies protecting their own interests

The Italian Association's call for life bans is well intentioned, but may be problematic given the fairness and due process problems inherent in the WADA Code. It is not helpful for those who want harsh penalties to label those interested in fairness and transparency of the enforcement as "doping apologists" who are "morally bankrupt." It ought to be possible for us to agree that doping is a continuing problem in many sports, and that we should have a trustworthy enforcement mechanism.

As to whether the current enforcement systems in cycling are trustworthy, it is probably fair to say that nobody is happy.

The IHT re-posts what appears to be an ancient bit from 2007 that the organizers of the Zurich Championship race are blaming Landis' for their failure to secure sponsorship -- and they hope to run the race again in 2008.

We've learned that our own Mr. Idiot has joined the ranks of the desperately seeking attention and validation by starting his own blog at Swim Mike Swim! He must be cleaning up his act, as he didn't take the blog title one would have expected, but we fixed that for him.

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Irregular Report 33

Here and There
Rant discusses the concept that looking too much to the past is futile with a post about Pat McQuaid's surprisingly intelligent stance on "post testing":

“From the UCI’s point of view, we prefer to look forward rather than look backward,” McQuaid said in an interview with The Associated Press. “To randomly say ‘OK, let’s take all the samples from 2007 from the Tour de France and put them all through testing processes’ … it’s futile, it’s expensive and it’s not going to serve the purpose in the anti-doping fight of today.”

McQuaid wonders if every podium result from the past two years or so would be scrambled and feels retesting of "old" samples for new PEDs would serve no purpose. Tell that to L'Equipe.

Liz is working on three essays for next week's classes, one of which is about Floyd Landis in 2006 and the nostalgic permanence of "road writing."

Bike Snob NYC lumps Floyd Landis in with other "cycling Casanovas". This is based on a resemblance in a photoshopped pic from a site that is "NSFW", as they say.

Bicycle Soup wonders at the possible comebacks to the peloton we might see this coming year. Landis vs Armstrong in a cage match? Hmmm...

Racejunkie notes Ivan Basso's ascension to "sainthood" plus some "eye candy" to boot. And who says Lance is scared?

Scotland on Sunday reviews the possible testosterone case of Rugby player Iain Morrison, with reference to Landis' case, reflecting the modestly informed MSM view of the world. It speaks of longitudinal testing and how difficult it is to prove a negative.

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Eyeballing

In a comment, Mr. Idiot points us all at this profound illustration on the accuracy of "eyeballing" measurements.

Your inaccuracy by category:

Parallelogram	----	----	----
Midpoint	----	----	----
Bisect angle	----	----	----
Triangle center	----	----	----
Circle center	----	----	----
Right angle	----	----	----
Convergence	----	----	----

Average error: ---- (lower is better)

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Filings in Gatlin

DirtRoadie has been following the Gatlin case, where USADA has been making arguments that the Feds can't intervene in their world of arbitration. Now long past the point where we were involved in Olympic eligability, we're now watching summary judgment motions.

DR says in mail:

Attached [now in the archive] are the USOC motion for summary judgment and Gatlin response.

It quickly becomes apparent how different the Gatlin case is from Floyd's.

On the issue of the New York Convention, Gatlin simply argues "The New York Convention does not apply to bar this action since the USADA arbitration panels could not consider the claims set out in this suit" What this is really saying is (1) that the Gatlin arbitration dealt with different issues. (2) the Court can therefore ignore that arbitration with respect to those issues, and (3) therefore application of the NYC
is irrelevant.

This is really an "end around" without addressing any issues of what law applies. There is nothing whatsoever dealing with the "Swiss Myth" raised in the USOC motion for summary judgment.

I would guess Floyd could expect to see a response from USADA somewhat along the lines of the USOC motion.

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Feds: We have rules, you know

The Judge in the Landis Federal case is being a stickler:

10/17/2008

20

MINUTES - IN CHAMBERS by Judge Percy Anderson: Before the Court is an "Amended Motion to Vacate Arbitration Award" filed by plaintiff Floyd Landis 17 . The Court construes the Amended Motion as a Petition to Vacate Arbitration Award and will accept it, and the exhibits accompanying it 19 , for filing. Plaintiff also filed a Memorandum of Points and Authorities in support of the Petition 18 . The Memorandum of Points and Authorities was not accompanied by a Notice of Motion as required by Local Rule 6-1. Because plaintiff has not filed a Notice of Motion, plaintiff has violated the Local Rules by failing to provide the required notice of the proposed hearing. The Court therefore strikes the Memorandum of Points and Authorities 18 . Court Reporter: Not Reported. (gk) (Entered: 10/20/2008)

Update: Sausage being made--

10/21/2008

21

NOTICE OF MOTION re MOTION to Vacate 1 Notice of Motion And Memorandum of Points and Authorities Filed in Support of Amended Motion/Petition to Vacate Arbitral Award [DKT #17] filed by Petitioner Floyd Landis. Motion set for hearing on 11/24/2008 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Memorandum of Points and Authorities In Support of Amended Motion to Vacate Arbitral Award)(Worthington, Roger) (Entered: 10/21/2008)

See also the Docket.

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Fed Case Consolidated Docket

This post will be updated to contain a consolidated and complete docket report on the federal case. As things happen, we'll have posts that mention and discuss the new items, and also keep this up to date.

[MORE]

Date Filed	#	Docket Text
09/25/2008	1	MOTION to Vacate Arbitration Award ; Demand for Jury Trial [FILING FEE: $350 PAID.], filed by Petitioner Floyd Landis. Motion set for hearing on 11/3/2008 at 01:30 PM before Judge Percy Anderson. (et) (Additional attachment(s) added on 10/1/2008: # 1 Summons, Civil Cover Sheet & Notice of Assignment) (ds). ** STRICKEN FROM THE RECORD PURSUANT TO ORDER OF 10/3/2008 14 ** Modified on 10/6/2008 (gk). (Entered: 10/01/2008) Free copy in the archive.
09/25/2008	2	MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Vacate Arbitration Award 1 filed by Petitioner Floyd Landis. (et) (ds). (Entered: 10/01/2008) Free copy in the archive.
09/25/2008	3	DECLARATION of SETH DAVIDSON in support MOTION to Vacate Arbitration Award 1 filed by Petitioner Floyd Landis. (et) (ds). (Entered: 10/01/2008) Free copy in the archive.
09/25/2008	4	NOTICE OF LODGING Exhibit 1-59 in Landis vs. USADA filed by Petitioner Floyd Landis. (et) (ds). (Additional attachment(s) added on 10/2/2008: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (ds). (Additional attachment(s) added on 10/2/2008: # 5 Exhibit 5, # 6 Exhibit 6a, # 7 Exhibit 6b) (ds). (Additional attachment(s) added on 10/2/2008: # 8 Exhibit 7) (ds). (Additional attachment(s) added on 10/2/2008: # 9 Exhibit 8, # 10 Exhibit 9a, # 11 Exhibit 9b, # 12 Exhibit 10, # 13 Exhibit 11) (ds). (Additional attachment(s) added on 10/2/2008: # 16 Exhibit 12, Part 1, # 17 Exhibit 12, Part 2, # 18 Exhibit 12, Part 3, # 19 Exhibit 12, Part 4, # 20 Exhibit 12, Part 5, # 21 Exhibit 12, Part 6) (ds). (Additional attachment(s) added on 10/2/2008: # 22 Exhibit 13, # 23 Exhibit 14, # 24 Exhibit 15, # 25 Exhibit 16, # 26 Exhibit 17, # 27 Exhibit 18, # 28 Exhibit 19, # 29 Exhibit 20) (ds). (Additional attachment(s) added on 10/2/2008: # 30 Exhibit 21a, # 31 Exhibit 21b, # 32 Exhibit 22, # 33 Exhibit 23, # 34 Exhibit 24, # 35 Exhibit 25, # 36 Exhibit 26, # 37 Exhibit 27, # 38 Exhibit 28, # 39 Exhibit 29, # 40 Exhibit 30) (ds). (Additional attachment(s) added on 10/2/2008: # 41 Exhibit 31, # 42 Exhibit 32, # 43 Exhibit 33, # 44 Exhibit 34, # 45 Exhibit 35, # 46 Exhibit 36) (ds). (Additional attachment(s) added on 10/2/2008: # 47 Exhibit 37, # 48 Exhibit 38, # 49 Exhibit 39, # 50 Exhibit 40, # 51 Exhibit 41, # 52 Exhibit 42, # 53 Exhibit 43, # 54 Exhibit 44, # 55 Exhibit 45, # 56 Exhibit 46, # 57 Exhibit 47, # 58 Exhibit 48, # 59 Exhibit 49, # 60 Exhibit 50) (ds). (Additional attachment(s) added on 10/2/2008: # 61 Exhibit 51, # 62 Exhibit 52, # 63 Exhibit 53, Part 1, # 64 Exhibit 53, Part 2, # 65 Exhibit 53, Part 3) (ds). (Additional attachment(s) added on 10/2/2008: # 66 Exhibit 54, # 67 Exhibit 55, # 68 Exhibit 56, # 69 Exhibit 57, # 70 Exhibit 58, # 71 Exhibit 59) (ds). ** STRICKEN FROM THE RECORD PURSUANT TO ORDER OF 10/3/2008 14 ** Modified on 10/6/2008 (gk). (Entered: 10/01/2008)
09/25/2008	5	CERTIFICATION AS TO Interested Parties filed by Petitioner Floyd Landis. (et) (ds). (Entered: 10/01/2008)
09/25/2008	6	NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 10/01/2008)
09/25/2008	7	APPLICATION for attorney KAY GUNDERSON REEVES to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Petitioner Floyd Landis. Lodged Order. (et) (Entered: 10/02/2008)
10/02/2008	11	STANDING ORDER issued by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. Both theCourt and the attorneys bear responsibility for the progress of litigation in the Federal Courts. To secure the just, speedy, and inexpensive determination of every action, Fed. R.Civ. P. 1, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. (See order for details) (kpa) (Entered: 10/06/2008) Free copy from the archive.
10/03/2008	8	Amendment to MOTION to Vacate 1 filed by Petitioner Floyd Landis. (Worthington, Roger) ** STRICKEN FROM THE RECORD PURSUANT TO ORDER OF 10/3/2008 14 ** Modified on 10/6/2008 (gk). (Entered: 10/03/2008) Free copy from the archive.
10/03/2008	9	NOTICE OF LODGING filed Exhibit 60 re Notice of Lodging,,,,,,,, 4 (Attachments: # 1 Exhibit Number 60)(Worthington, Roger) (Entered: 10/03/2008)
10/03/2008	10	NOTICE OF LODGING filed Proposed Order Granting Amended Motion to Vacate Arbitration Award re Amendment (Motion related) 8 (Attachments: # 1 Proposed Order Proposed Order Granting Amended Motion to Vacate Arbitration Award)(Worthington, Roger) (Entered: 10/03/2008)
10/03/2008	12	ORDER by Judge Percy Anderson Granting APPLICATION for attorney KAY GUNDERSON REEVES to Appear Pro Hac Vice. (PHV FEE PAID.) 7 Worthington is designated as local counsel. Fee PAID. (kpa) (Entered: 10/06/2008)
10/03/2008	14	ORDER STRIKING FILED DOCUMENTS FROM THE RECORD by Judge Percy Anderson: The documents listed below were improperly filed for the following reasons: Memorandum/brief exceeds 25 pages, Local Rule 11-6; Memorandum/brief exceeding 10 pages shall be accompanied by an indexed table of contents, Local Rule 11-8; Paper exhibit shall be numbered at the bottom of each page consecutively to the principal document, Local Rule 11-5.2; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Motion to Vacate Arbitration Award filed 9/25/2008 1 , Notice of Lodging of Exhibits 1-59 filed 9/25/2008 4 Amended Motion to Vacate Arbitration Award filed 10/3/2008 8 . (gk) (Entered: 10/06/2008) Free copy from the Archive.
10/06/2008	13	NOTICE Notice of Service of Standing Order filed by petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/06/2008)
10/16/2008	15	NOTICE Notice of Refiling of Amended Motion to Vacate Arbitral Award and Supporting Documents, and Request to Exceed Page Limits filed by Petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/16/2008)
10/16/2008	16	NOTICE OF LODGING filed re Notice (Other) 15 (Attachments: # 1 Proposed Order Order Granting Request to Exceed Page Limists)(Worthington, Roger) (Entered: 10/16/2008)
10/16/2008	17	Amendment to MOTION to Vacate 1 Amended Motion to Vacate Arbitration Award filed by Petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/16/2008) Free copy in the archive.
10/16/2008	18	MEMORANDUM in Support of Document Number 17-Amended Motion to Vacate Arbitration Award filed on 10.16.08 filed by Petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/16/2008) Free copy in the archive TBV: Exhibit A is the "New York Convention", and Exhibit B is the argument made by USOC in Gatlin that the NYC applies to sports arbitration.
10/16/2008	19	EXHIBIT Exhibits 1-62 to MOTION to Vacate 1 Exhibits 1-62 to Amended Motion to Vacate -10.16.08 filed by Petitioner Floyd Landis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - 1of16, # 3 Exhibit 2-2of16, # 4 Exhibit 3-3of16, # 5 Exhibit 2-4of16, # 6 Exhibit 2-5of16, # 7 Exhibit 2-6of16, # 8 Exhibit 2-7of16, # 9 Exhibit 2-8of16, # 10 Exhibit 2-9of16, # 11 Exhibit 2-10of16, # 12 Exhibit 2-11of16, # 13 Exhibit 2-12of16, # 14 Exhibit 2-13of16, # 15 Exhibit 2-14of16, # 16 Exhibit 2-15of16, # 17 Exhibit 2-16of16, # 18 Exhibit 3-1of2, # 19 Exhibit 3-2of2, # 20 Exhibit 4, # 21 Exhibit 5, # 22 Exhibit 6, # 23 Exhibit 7-1of4, # 24 Exhibit 7-2of4, # 25 Exhibit 7-3of4, # 26 Exhibit 7-4of4, # 27 Exhibit 8, # 28 Exhibit 9, # 29 Exhibit 10, # 30 Exhibit 11, # 31 Exhibit 12-1of3, # 32 Exhibit 12-2of3, # 33 Exhibit 12-3of3, # 34 Exhibit 13, # 35 Exhibit 14, # 36 Exhibit 15, # 37 Exhibit 16, # 38 Exhibit 17, # 39 Exhibit 18, # 40 Exhibit 19, # 41 Exhibit 20, # 42 Exhibit 21, # 43 Exhibit 22, # 44 Exhibit 23, # 45 Exhibit 24, # 46 Exhibit 25, # 47 Exhibit 26, # 48 Exhibit 27, # 49 Exhibit 28, # 50 Exhibit 29, # 51 Exhibit 30, # 52 Exhibit 31, # 53 Exhibit 32, # 54 Exhibit 33, # 55 Exhibit 34, # 56 Exhibit 35, # 57 Exhibit 36, # 58 Exhibit 37, # 59 Exhibit 38, # 60 Exhibit 39, # 61 Exhibit 40, # 62 Exhibit 41, # 63 Exhibit 42, # 64 Exhibit 43, # 65 Exhibit 44, # 66 Exhibit 45, # 67 Exhibit 46, # 68 Exhibit 47, # 69 Exhibit 48, # 70 Exhibit 49, # 71 Exhibit 50, # 72 Exhibit 51, # 73 Exhibit 52, # 74 Exhibit 53-1of2, # 75 Exhibit 53-2of2, # 76 Exhibit 54, # 77 Exhibit 55, # 78 Exhibit 56, # 79 Exhibit 57, # 80 Exhibit 58, # 81 Exhibit 59, # 82 Exhibit 60, # 83 Exhibit 61, # 84 Exhibit 62)(Worthington, Roger) (Entered: 10/16/2008)
10/17/2008	20	MINUTES - IN CHAMBERS by Judge Percy Anderson: Before the Court is an "Amended Motion to Vacate Arbitration Award" filed by plaintiff Floyd Landis 17 . The Court construes the Amended Motion as a Petition to Vacate Arbitration Award and will accept it, and the exhibits accompanying it 19 , for filing. Plaintiff also filed a Memorandum of Points and Authorities in support of the Petition 18 . The Memorandum of Points and Authorities was not accompanied by a Notice of Motion as required by Local Rule 6-1. Because plaintiff has not filed a Notice of Motion, plaintiff has violated the Local Rules by failing to provide the required notice of the proposed hearing. The Court therefore strikes the Memorandum of Points and Authorities 18 . Court Reporter: Not Reported. (gk) (Entered: 10/20/2008)
0/21/2008	21	NOTICE OF MOTION re MOTION to Vacate 1 Notice of Motion And Memorandum of Points and Authorities Filed in Support of Amended Motion/Petition to Vacate Arbitral Award [DKT #17] filed by Petitioner Floyd Landis. Motion set for hearing on 11/24/2008 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Memorandum of Points and Authorities In Support of Amended Motion to Vacate Arbitral Award)(Worthington, Roger) (Entered: 10/21/2008) TBV: We assume attachment 1 is the same as docket item 18, Free copy in the archive. If not, someone please let us know.

11/10/2008	22	STIPULATION to Continue Hearing Of, And Briefing For, Petitioner's Amended Motion To Vacate Arbitration Award from November 24, 2008 to December 22, 2008 filed by Respondent United States Anti-Doping Agency. (Attachments: # 1 Proposed Order Continuing Hearing Of, And Briefing For, Petitioner's Amended Motion To Vacate Arbitration Award)(Martin, Timothy) (Entered: 11/10/2008)
11/10/2008	23	NOTICE of Appearance filed by attorney Timothy J. Martin on behalf of Respondent United States Anti-Doping Agency (Martin, Timothy) (Entered: 11/10/2008)
11/10/2008	24	CERTIFICATION AND NOTICE of Interested Parties filed by Respondent United States Anti-Doping Agency, identifying Floyd Landis, United States Anti-Doping Agency. (Martin, Timothy) (Entered: 11/10/2008)

Exhibits, from attachments in Docket item 19, and as describe in Exhibit 62. If anyone pulls missing things from PACER, send them to us and we'll archive them and update the index here.

Attachment in Item 19	Description
1	Exhibit 1 - Court of Arbitration for Sport Decision [ CAS ], Landis v. USADA,CAS2007/A/1394, June 30, 2008 [our archive]
2	Exhibit 2 - 1of16 - TranscriptofHearing, Court of Arbitration for Sport, Landis v. USADA[ourarchive]
3	Exhibit 2-2of16
4	Exhibit 2-3of16,
5	Exhibit 2-4of16
6	Exhibit 2-5of16
7	Exhibit 2-6of16
8	Exhibit 2-7of16
9	Exhibit 2-8of16
10	Exhibit 2-9of16
11	Exhibit 2-10of16
12	Exhibit 2-11of16
13	Exhibit 2-12of16
14	Exhibit 2-13of16
15	Exhibit 2-14of16
16	Exhibit 2-15of16
17	Exhibit 2-16of16
18	Exhibit 3-1of2 -Decision of North American Court of Arbitration for Sport /AAA Panel Decision, USADAv. Landis, Case No. 30, 190 00847 06, September 20,2007 [in our archive]
19	Exhibit 3-2of2
20	Exhibit 4 - Rules, Court of Arbitration forSport
21	Exhibit 5 - USADA Protocol for OlympicMovementTesting. [our archive]
22	Exhibit 6 - 6A: USA CyclingLicense,Floyd Landis; 6B: Letter from William Bock, USADA to FloydLandis,September 19, 2008
23	Exhibit 7-1of4 -UCICycling Regulations. Part 14, Anti-Doping Rules of the UCI [our archive]
24	Exhibit 7-2of4
25	Exhibit 7-3of4
26	Exhibit7-4of4
27	Exhibit 8 - Letter from Laurence Schultz,President, PublicInvestors Arbitration Bar Association to NancyMorris, Secretary,Securities and Exchange Commission, April 16, 2008.
28	Exhibit 9 - 9a: Reacktionen auf denFall Landis, comments of Thomas Bach, IOCVice-President, Samstag,August 5, 2006, downloadable at n.tv.de; 9B:Declaration of Seth Davidson (English translation)
29	Exhibit 10 - List of cases decided by the Court of Arbitration for Sport, current through 2003, CAS Archive Database, All Case Detail, downloadable at tas-cas.org
30	Exhibit 11 - Richard Youngbiographical statement, Court of Arbitration for Sport website, downloadable at tas-cas.org
31	Exhibit 12-1of3 - Court of Arbitration for Sport Case Law
32	Exhibit 12-2of3
33	Exhibit 12-3of3
34	Exhibit 13 - Christian Duvebiographical statement, Court of Arbitration for Sport website, downloadable at tas-cas.org
35	Exhibit 14 - Internet articles concerning Mr. Raj Parker, former CAS Arbitrator: soccernet.espn.go.com and www.onlinebld.com
36	Exhibit 15 - The Law Behind...TheOlympics, downloadable at (FIXME)
37	Exhibit 16 - Jan Paulsson biographical statement, Court of Arbitration for Sport website, downloadable at tas-cas.org
38	Exhibit 17 - Printed excerpt fromEssex Court Chambers Website, Areas of Practice: Sports Law, downloadable at www.essexcourt.net
39	Exhibit 18 - Arbitration Scorecard2007, Top 50 Treaty Disputes, The American Lawyer, June 13, 2007, downloadable at www.law.com
40	Exhibit 19 - Dissent of Arbitrator,Chris Campbell, AAA Panel Decision, USADA v. Landis, Case No. 30, 19000847 06, September 20, 2007 [our archive]
41	Exhibit 20 - Sprinter's attorneys mull court action over ban, Associated Press, January 22, 2006, downloadable at nbcsports.msnbc.com
42	Exhibit 21 - 21A: Letter from JosephDc Pencier to World Anti-Doping Agency, March 30, 2007 at 4; 21B:Feedback on [WADA] Code 2007, Version 2.01, Art. 13-02, October 1,2007 at 3 of 3 (comments of Joseph De Pencier)
43	Exhibit 22 - Appellee’s Post-Submission Brief, CASHearing, Landis v. USADA [our archive]
44	Exhibit 23 - CAS Panel Procedural Memorandum, December 13, 2007, Part 4, at 3-4
45	Exhibit 24 - Letter from Carmen Martinez Lopez to Parties, March 17, 2008
46	Exhibit 25 -USADA Witness Designations, January 31, 2008 [our archive]
47	Exhibit 26 - USADA's Motion in Limine to Exclude Evidence in Violation of CAS Rule 56 at4-5, March 14, 2008
48	Exhibit 27 - CAS Appeal Brief of Floyd Landis [our archive]
49	Exhibit 28 - Landis Closing Brief [our archive]
50	Exhibit 29 - World Anti-Doping Code [our archive]
51	Exhibit 30 - Letter from Matthieu Reeb, CAS, to parties, February 29, 2008
52	Exhibit 31 - Appellee’s Appeal Brief [our archive]
53	Exhibit 32 - Excerpts,USADA Appeal Exhibit T026, pages LNDD 0086, 0097, 0098, 0309-332,0383, 0400, 0414, 0428-9, 0456
54	Exhibit 33 - AAA Hearing Transcript Excerpts, pages 878-9 [Full transcript]
55	Exhibit 34 -Landis Response to USADA’s Motion in Limine
56	Exhibit 35 - Witness Declaration, Dr. Christianne Ayotte [our archive]
57	Exhibit 36 - USADAAppeal Exhibit List [our archive]
58	Exhibit 37 - WADATechnical Document TD2003IDCR [our archive]
59	Exhibit 38 -International Standard for Laboratories [our archive]
60	Exhibit 39 - Excerpts,USADA Appeal Exhibit T024, pages USADA 0124, 0153 [our archive]
61	Exhibit 40 - Excerpts,USADA Appeal Exhibit T025, pages USADA 303 and 329 [our archive]
62	Exhibit 41 - Excerpts,USADA Appeal Exhibit T084, pages LNDD 664-5 [our archive]
63	Exhibit 42 - WitnessDeclaration, Cynthia Mongongu [our archive]
64	Exhibit 43 - WitnessDeclaration, Dr. Keith Goodman [our archive]
65	Exhibit 44 - WitnessDeclaration, Gerard LePetit [our archive]
66	Exhibit 45 - Excerpts,USADA Appeal Exhibit T141, pages LNDD 1866-1917
67	Exhibit 46 - Witness Declaration, Claire Frelat [our archive]
68	Exhibit 47 - RebuttalWitness Declaration, Claire Frelat
69	Exhibit 48 - Excerpts, USADA Appeal Exhibit T142
70	Exhibit 49 - Witness Declaration, Dr. Simon Davis [our archive]
71	Exhibit 50 - Excerpts,USADA Appeal Exhibit T1 12, pages LNDD 541-554
72	Exhibit 51 - Letter from Richard Young, USADA, toMatthieu. Reeb, February 27, 2008 and attached Exhibit 155
73	Exhibit 52 - Respondent’s Motion to StrikeUntimely Exhibits and Related Testimony at 2, and Exhibit 4 to Motion,at 11
74	Exhibit 53-1of2 - LandisExhibit GDC 871-908 [our archive 871,881,901]
75	Exhibit 53-2of2
76	Exhibit 54 - WADA Technical Document TD2003LCOC [our archive]
77	Exhibit 55 - USADAAppeal Exhibit T144
78	Exhibit 56 -Excerpts, USADA Appeal Exhibit T103, pages 1590-91
79	Exhibit 57 - Witness Declaration, Laurent Martin. [our archive]
80	Exhibit 58 - WitnessDeclaration, Myriam Garcia [our archive]
81	Exhibit 59 - WitnessRebuttal Declaration, Myriam Garcia
82	Exhibit 60 - AAA Hearing Transcript Excerpts, pages 834-837
83	Exhibit 61 - Declaration of Floyd Landis
84	Exhibit 62 - Declaration of KayGunderson Reeves (contains index of exhibits)

The End.

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Updates in Fed Case

In Landis v USADA, CV 08-06330 PA (CWx), the Pacer report of the Docket has a few more items, and a change to the schedule.

The first hearing now appears to be on November 24th.

Item 17 is the properly formatted and amended complaint, and item 18 is the supporting documents.

Both are now in the archive and available for free.

UPDATE: exhibits now added back as item 19, but not (yet) archived. As before, if anyone can correlated the entries to the pre-existing archives so that we don't have redundant copies, that would be great.

10/16/2008	15	NOTICE Notice of Refiling of Amended Motion to Vacate Arbitral Award and Supporting Documents, and Request to Exceed Page Limits filed by Petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/16/2008)
10/16/2008	16	NOTICE OF LODGING filed re Notice (Other) 15 (Attachments: # 1 Proposed Order Order Granting Request to Exceed Page Limists)(Worthington, Roger) (Entered: 10/16/2008)
10/16/2008	17	Amendment to MOTION to Vacate 1 Amended Motion to Vacate Arbitration Award filed by Petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/16/2008) Free copy in the archive.
10/16/2008	18	MEMORANDUM in Support of Document Number 17-Amended Motion to Vacate Arbitration Award filed on 10.16.08 filed by Petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/16/2008) Free copy in the archive Exhibit A is the "New York Convention", and Exhibit B is the argument made by USOC in Gatlin that the NYC applies to sports arbitration.

10/16/2008

19

EXHIBIT Exhibits 1-62 to MOTION to Vacate 1 Exhibits 1-62 to Amended Motion to Vacate -10.16.08 filed by Petitioner Floyd Landis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - 1of16, # 3 Exhibit 2-2of16, # 4 Exhibit 3-3of16, # 5 Exhibit 2-4of16, # 6 Exhibit 2-5of16, # 7 Exhibit 2-6of16, # 8 Exhibit 2-7of16, # 9 Exhibit 2-8of16, # 10 Exhibit 2-9of16, # 11 Exhibit 2-10of16, # 12 Exhibit 2-11of16, # 13 Exhibit 2-12of16, # 14 Exhibit 2-13of16, # 15 Exhibit 2-14of16, # 16 Exhibit 2-15of16, # 17 Exhibit 2-16of16, # 18 Exhibit 3-1of2, # 19 Exhibit 3-2of2, # 20 Exhibit 4, # 21 Exhibit 5, # 22 Exhibit 6, # 23 Exhibit 7-1of4, # 24 Exhibit 7-2of4, # 25 Exhibit 7-3of4, # 26 Exhibit 7-4of4, # 27 Exhibit 8, # 28 Exhibit 9, # 29 Exhibit 10, # 30 Exhibit 11, # 31 Exhibit 12-1of3, # 32 Exhibit 12-2of3, # 33 Exhibit 12-3of3, # 34 Exhibit 13, # 35 Exhibit 14, # 36 Exhibit 15, # 37 Exhibit 16, # 38 Exhibit 17, # 39 Exhibit 18, # 40 Exhibit 19, # 41 Exhibit 20, # 42 Exhibit 21, # 43 Exhibit 22, # 44 Exhibit 23, # 45 Exhibit 24, # 46 Exhibit 25, # 47 Exhibit 26, # 48 Exhibit 27, # 49 Exhibit 28, # 50 Exhibit 29, # 51 Exhibit 30, # 52 Exhibit 31, # 53 Exhibit 32, # 54 Exhibit 33, # 55 Exhibit 34, # 56 Exhibit 35, # 57 Exhibit 36, # 58 Exhibit 37, # 59 Exhibit 38, # 60 Exhibit 39, # 61 Exhibit 40, # 62 Exhibit 41, # 63 Exhibit 42, # 64 Exhibit 43, # 65 Exhibit 44, # 66 Exhibit 45, # 67 Exhibit 46, # 68 Exhibit 47, # 69 Exhibit 48, # 70 Exhibit 49, # 71 Exhibit 50, # 72 Exhibit 51, # 73 Exhibit 52, # 74 Exhibit 53-1of2, # 75 Exhibit 53-2of2, # 76 Exhibit 54, # 77 Exhibit 55, # 78 Exhibit 56, # 79 Exhibit 57, # 80 Exhibit 58, # 81 Exhibit 59, # 82 Exhibit 60, # 83 Exhibit 61, # 84 Exhibit 62)(Worthington, Roger) (Entered: 10/16/2008)

Here are the previous docket items .

Also see the Consolidated Docket.

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Irregular Report 32

Happy Birthday Floyd, have a great day, the brownies are in the mail!!

Here and There
Rant notes the latest doping "positive" to come from tdf retesting now taking place at the AFLD lab. He wonders if this is an "official" conclusive "A" sample, or what. Good thing the "retroactive" testing from Beijing has an end date, eight years.

Later, Rant writes about "owning up" something not really so easy to do.

Racejunkie also writes about the positive CERA tested Bernhard Kohl this time from the veiwpoint of poor ol' Cadel Evans.

Triathlete 4Life promises more to come about a Floyd Landis visit to Bikemart, which is good since that's all there was.

The NY Times has a profile of Dave Wiens, the Leadville winning "giant killer" of Lance and Landis.

The CyclingNews writes that the UCI will as of next year double its bans for doping offenses up from 2 to 4 years. In other news: Michael Rasmussen will have his day before the CAS, Bernhard Kohl demands his "B" samples be tested, and the "retesting" of this year's TdF samples for CERA is over, for now anyay.

Michael Gacki met Floyd Landis yesterday somewhere in Texas and thought he was a very "cool dude".

Speedy Speed Racer riffs about training, volume, rest and hurt, and references Positively False in the process.

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Irregular Report 31

Finding Ways to Help Others is on a big charity ride/survivor-like event, and Landis was on hand for a send-off:

Floyd Landis was present this morning to wish us all a fair well and safe riding up the coast. His words of wisdom where to ride hard the first 3 or 4 days so that we are tired out by the time we reach our last leg of our journey so we won't beat him up too much. He plans to connect with our group on Oct 24th.

Got the CSC jacket as surplus from Z?

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Irregular Report 30

Team Soulcraft writes:

It's not every day that former Tour de France champion (?) Floyd Landis comes to town for a charity ride and shows up in your bike shop to borrow your autistic mechanic's Soulcraft while there's a dog fight going on in front of him, and after the ride proclaims the Soulcraft to be "one sweet ride." But, it happened today.

Soulcraft makes custom steel frames in Petaluma. I like the high flange wheels. These must be Royales.

And Beth Bikes offers this from the Track Nats::

"here is me and meg kickin' it with floyd landis."

Racejunkie provides the definitive solution to end doping in the peloton for all time.

As pointed out in a comment, there was another Federal Case involving Landis (and co-conspirator Martha Stewart) that we'd missed,

The first page of the complaint:
"FLOODING MY MIND"

It seems to have been dismissed. Can any of the attorneys here figure out why?

And you think cycling is a marginal sport with PED problems, Dept.

Bicykel writes,

Leave the pros alone.. leave floyd alone. He was forced into it.. it was peer pressure.. He caved big deal.

Anyway. . …. . Look at any sport.. any sport. Doping is present in them all. Even in fucking race walking. Whats more surpising, the fact they were doping or the fact that people compete in race walking?

Alas, poor bike, we hardly new ye, Dept.

Back home last Friday from a 9 day stay at the hospital following my accident, I've managed to look at the bike that was brand spanking new at the end of June.

Top tube.
I wonder if I have any carbon nanotubes in the lacerations? That could be a whole new type of injury.

Top tube, side view. Yes, that is an original Bell Biker helmet in the rack..

The PowerTap SL 2.4 wheel isn't looking so good.

The brown stuff is blood, but the helmet did its job.

The insurance company hasn't returned my calls once I faxed them the police report that concluded, with four witness statements (including the driver), that it was the driver's fault. Maybe they didn't like the replacement bike cost quoted from the Competitive Cyclist. I offered them broken parts only for less, and they seemed not to like that either. I guess I'll need to take the next step and refer this all to a personal injury attorney.

I talked to one of the witnesses, who had come down the hill behind me in his car. We were going about 30 mph, and the driver pulled in front of me when we were 50-60 feet apart. He said I braked and veered, and the driver stopped. (At about 44 feet-per-second, that's 1.25 seconds to do anything.) He was amazed that I didn't go straight into it. He said the fender on the SUV was dented, the rear side window broken, and the frame of that window bent, presumably by the helmet.

The CHP on scene, seeing the cracked frame, reported "minor" damage to the bike. I guess as long as it is basically in one piece it is considered "minor". You just apply a torch and bend the frame back, right?

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