Friday, October 17, 2008

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.

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Date Filed #Docket Text
09/25/20081 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.
09/25/20082 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.
09/25/20083 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.
09/25/20084 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)
09/25/20085 CERTIFICATION AS TO Interested Parties filed by Petitioner Floyd Landis. (et) (ds). (Entered: 10/01/2008)
09/25/20086 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 10/01/2008)
09/25/20087 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)
10/02/200811 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.
10/03/20088 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.
10/03/20089 NOTICE OF LODGING filed Exhibit 60 re Notice of Lodging,,,,,,,, 4 (Attachments: # 1 Exhibit Number 60)(Worthington, Roger) (Entered: 10/03/2008)
10/03/200810 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)
10/03/200812 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)
10/03/200814 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.
10/06/200813 NOTICE Notice of Service of Standing Order filed by petitioner Floyd Landis. (Worthington, Roger) (Entered: 10/06/2008)
10/16/200815 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)
10/16/200816 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)
10/16/200817 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.
10/16/200818 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.
10/16/200819 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)
10/17/200820 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)
0/21/200821 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.
11/10/200822 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)
11/10/200823 NOTICE of Appearance filed by attorney Timothy J. Martin on behalf of Respondent United States Anti-Doping Agency (Martin, Timothy) (Entered: 11/10/2008)
11/10/200824 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.

4 comments:

highwheel said...

TbV,
Thank you for your effort!
Are there any new discussions/arguments about this topic yet? I cannot find them if they're there...

DR said...

It might be noted that a response to a USOC motion for summary judgment is due Monday in the Gatlin Case.

In the course of the discussion of the pending court action by Floyd against the USADA, the subject of the earlier challenge to CAS arbitration by Olympic hopeful Justin Gatlin is commonly cited with the suggestion that it is “precedent” that should be dispositive of Floyd’s case.

However nothing could be further from actuality.

There are similarities. Both cases involve allegations of “doping” and both involve arbitration before the CAS.

(And both Mr. Landis and Mr Gatlin have been sued by Jonathan Lee Riches see:
http://en.wikipedia.org/wiki/Jonathan_Lee_Riches )

However beyond those details, the cases have surprisingly little in common.

The parties are different, the sports are different, the facts are different and because of these the underlying law is different.

So far in Gatlin, the assertion by USOC that only Swiss Courts have jurisdiction has not been challenged, primarily because Gatlin is not raising issues that revolve around that. What is legally interesting, though, is that the USOC appears to be using the ploy of repeating something enough times so that it is viewed as true (especially in the absence of direct contradiction), despite being unsupported by any viable authority. I won't elaborate for now.

However, that unchallenged assertion by the USOC has NOT been the basis of the court's decisions against Gatlin (vacating a temporary restraining order against the USOC)

Procedurally, Gatlin has dismissed the only non-US defendant. This might be related to trying to establish that the FAA applies. The problem with this is that Gatlin has not really alleged facts which would allow him to prevail under the FAA and its standards for vacating an arbitration award.

In vacating the TRO the Gatlin Court has already ruled once that it has no jurisdiction but, so far, not based on any law that applies to Floyd's case.

But there will be discussion of (and ruling on) jurisdictional issues which will be worth looking at. There is good chance that the actual ruling by the Gatlin Court will not be in time to be taken into account by Floyd, but the pleadings should be informative.

tbv@trustbut.com said...

Highwheel,

there has been comment discussion in the other posts on the federal appeal; look for ones with comments in this tag search:

Federal Case Posts

DR, "The Swiss Assumption" does seem to be an article of faith repeated often by the Alphabets. Let's see if it holds up to scrutiny, and is what is argued in the reply brief to this case.

An interesting question is when the legal bill for USADA's defense in this case will get close to the $100,000 they are trying to collect, and at what point they might decide to try to cut their losses.

TBV

DR said...

"The Swiss Assumption" which I hereby dub the "Swiss Myth"
(Say that fast five times!)