Fed Case Over

Landis and USADA agreed to dismiss the case with prejudice, in a filing yesterday. "With prejudice" means Landis can't refile. This looks like they settled, but we haven't seen any statements from anyone.

If USADA gave up the fine, then Landis is free to race, which is the immediate result he would have desired. I wouldn't be surprised if there were conditions not to talk about it, preventing either side from claiming moral victory. Independent of the merits of the underlying claims, USADA may have determined it was cheaper to let the fine go than litigate the matter; and Landis may have wanted his head clear for training and to move on, as much as he might like a deeper ultimate vindication.

We find it very hard to believe Landis would agree to a dismissal without at least seeing a filed reply from USADA if he'd been willing to pay the $100k fine. He'd already put his chips in, so there was no cost to making USADA show some cards. That makes us think the fine has either been reduced, or gone away completely as a condition of dismissal.




Note the dates were left blank, and negotiations concluded on the last day before USADA's reply filing was due. Though blanks are typical during negotiation, there's nothing like an external deadline to force a conclusion.

Velonews tried to get comment from USADA:

No details of the settlement were released and a USADA spokesman declined comment as to whether Landis’ decision to withdraw the suit involved any concession on the part of the agency.

Dirt Roadie writes in a comment,

Underlying what is presumably a settlement (as opposed to a mere abandonment of the case), there is probably some strong incentive and logic stemming from the fact that both sides had the possibility of losing.

USADA might spend another $100K litigating only to be able to collect the $100K "fine" against Landis if it should win. He would still be otherwise eligble for reinstatement. And if USADA were to lose (a very real possibility), the doors might be open to similar challenges to CAS decisions unless and until the CAS system is revamped to eliminate the apparent weaknesses.

Floyd probably had little to truly gain other than the vacatur of the $100K fine and perhaps some "moral" satisfaction. But the case would conceivably (or more accurately, probably) have dragged out long past his date for reinstatement in which case even a victory might have been too late to be truly useful.

So it seems very likely that the reality of the situation would almost dictate a compromise under which USADA would drop the $100K fine and Floyd would drop his case and its challenge to the CAS "system."

And, true, we will probably see no public comment. Confidentiality provisions are commonly included in settlement agreements.

It's almost always a good thing to have a resolution although it would have been very interesting to see how the merits of the case would have played out.

Full Post with Comments...

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.

Full Post with Comments...

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.

Full Post with Comments...

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.

Full Post with Comments...

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.

Full Post with Comments...

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
09/25/2008	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)
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)
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)
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)

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.

Full Post with Comments...