Thursday, October 09, 2008

Feds: Get your paperwork in order

[UPDATE: See the Consolidated Docket]

In developments on Landis v USADA, CV 08-06330 PA (CWx), Pacer reports a few orders, not good for Landis, but not fatal either. The main issue is not following the local rules for long briefs, so some things have been stricken pending update to correct form.

You don't want to do this too often to avoid annoying the Judge.

Here's the current docket pulled from Pacer. The links won't work unless you have an account.

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)
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)
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)
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)

What seems relevant we'll get and copy to the archive:

Item 8, (subsequently stricken amended complaint - shorter than the original);
Item 11, Standing Order;
Item 14, Order striking for form problems.

We'll skip #13.

So as of this minute, there's a case, but no official complaint in the record. Expect that to change soon enough.


strbuk said...

TBV , and everyone in the "know," WHEN will we know for sure?

str said...

Check out LeMond's comments from the latest Cycling News article:

LeMond wants to see SRM-type power meters employed to measure riders' power outputs. "In SRMs, we have a quantitative way to do that, but unfortunately there have only been a few riders who have ever given out that personal information," bemoans LeMond. "I talked to [now former] ASO boss Patrice Clerc about having everyone on an SRM that's sealed. It would be controlled and calibrated by doctors, the police – but not the teams.

Didn't Floyd post his numbers for the world to see? I don't ever recall Floyd doing 450 watts for 30 minutes. Wasn't the magic number for Lance 7 w/kg?

So Floyd does what LeMond proposes and he still accuses Floyd of doping? I like LeMond's ideas, but still don't like his approach. How does he explain a 160# weakling like me starting out barely able to bench 135 and a year and half later maxing out at 295 - without drugs. The problem would be that every cyclist has a different maximum w/kg that would vary day to day. How big would that riders window have to be? said...

Found this from

Allen: What kind of numbers could you hold say for 30 minutes or for an hour three years ago?

Floyd: For 30 minutes, when I was really fit, somewhere between 390 to 400 watts. For an hour a little less - maybe 380. But I'd rarely do 1-hour efforts.

Allen: That's interesting that your 30-minute and 1-hour power outputs aren't that different.

Floyd: No they aren't far off. I'm more of an aerobic guy. That's why I suffer in short prologues. The fast guys put four or five seconds on me at the start with a hard acceleration, and then four or five seconds on me at the finish with a strong sprint and that's 10 seconds I just can't make up. But if it's 45 minutes long I'll make it up.

Allen: Compared to when you first started using a power meter, what kind of
power output can you produce now? Has it changed much?

Floyd: It hasn't really changed a whole lot. The difference now, is that I can do more time at a given power and do that power more days in a row. So before I could only do 400 watts for 30 minutes once, and now I can do that four times in a single ride. The difference is just how much total work I can do now at higher intensities. My top-end or threshold hasn't changed that much. But I guess in the races I do, it's the guy who rides the hardest the most who is the best bike racer, not the guy who rides the hardest or the most. Riding 180 hours a month doesn't make you a good bike racer, and riding so hard one day so that you lose five training days doesn't work either. said...

And from TBV:

What is more interesting is when you factor out the intensity of the total stage, and look at the last column, total work / rate of work, which is kj / (w/kg):

Sorted by

stage kj wkj kj/w/kg % diff
14 1840 5.32 345.94
10 1848 5.15 358.79 3.72%
15 2351 5.47 429.46 19.70%
17 2989 5.69 525.22 22.30%
11 3531 5.04 701.06 33.48%
16 4638 4.75 976.54 39.29%

Considering the stage difficulty, Stage 17's rate of output was mid-pack. Stage 16 was by far the hardest, followed by Stage 11 -- consistent with the amount of work required for each stage. This also show how brutal S16 was.

So Mr. LeMond, was Floyd doping???

nahual said...

I trust St. Greg, hunched over looking for clues knows enough to wear a lab coat so that monkey on his back doesn't soil his Aureola.

jrdbutcher said...

LeMond doing as usual, throwing a lot of S&*t and hoping some will stick.

mwbyrd has already provide a couple of examples regardig the irony of LeMond's "suggestion".

As an aside, what compelig reason is there for taking a competitive product currently in use by various racers (PowerTap) and giving a top tier road racer monopoly to a competitor (SRM), yet rendering the resulting system useless for its intended user, the racer. I don't see a compelling reason to screw around with the use of power meters by competitors or a compelling reason to screw around with the companies that produce power meters.

It's a non-issue and more LeMond bs.

jrdbutcher said...

Bombastic comments hinting the self serving notion that LeMond was the only “clean” multiple TdF winner aside, he made some interesting somments while throwing s&*t about:

1) "[Garmin boss] Jonathan Vaughters is doing a phenomenal job," says LeMond. "What they're doing is good, but really that testing has got to be done by an independent group, and not policed from inside. What good is self-policing? It's like a wolf guarding a hen house. You've got to have a group with no self-interest." He goes on to suggest WADA, as if WADA is a group with no self-interest.
2) "And I've really decided that I'm walking away from professional cycling – period. I'm just not going to be a part of it," LeMond revealed. "I'm going to still be in the bike business, because I still love cycling, and I'll still go and do Gran Fondos. To me, cycling needs to be more about the purity and the fun and doing your personal best.” FWIW, I whole heartedly support GL walking away from professional cycling. All hail Gran Fondo Greg!

whareagle said...

Ask me what I really think --- offlist.

As someone who works with PM's and wattage on a daily basis, the comments continue to raise eyebrows, and sometimes a well-digested lunch.

DR said...

RE: Paperwork and Federal Filings
There was another federal case where serious allegations were raised against Floyd. That case was dismissed for failure to comply with an order requiring proper paperwork

God only knows how it might have come out had it not been dismissed.

("Eightzero") said...

Hey! I recognize Richard Young's handwriting on that PA filing. Guess that's where the $100k figure came from - he needs it for the filing fees that he isn't submitting with those.