UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES ex rel. LANDIS,

Plaintiffs,

v.

TAILWIND SPORTS CORP., TAILWIND
SPORTS LLC, LANCE ARMSTRONG, and
JOHAN BRUYNEEL,

Defendants.

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Civil Action No. 10- 00976 (RLW)








UNITED STATES OPPOSITION TO DEFENDANT
LANCE ARMSTRONGS MOTION FOR EXPEDITED BRIEFING

At 11:46 p.m. Eastern Time on June 4, 2014, defendant Lance Armstrong filed a motion
to compel the production of documents and to quash several depositions. His motion requests an
expedited briefing schedule that would set the due date for the Governments response on
June 11, 2014, and would conclude briefing on June 16, 2014. Armstrong explains that this
heavily-compressed briefing schedule, which would allow the Government just six days to
respond to a brief he spent nearly four months preparing, is necessary for a single reason to
allow sufficient time for the Court to rule on his motion prior to his June 23, 2014 deposition. Pl.
Mot. at 5.
Earlier today, the United States informed counsel for Armstrong that the Government is
willing to reschedule Armstrongs deposition for August 4, 2014, and further indicated that the
Case 1:10-cv-00976-RLW Document 172 Filed 06/06/14 Page 1 of 4


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Government may consider rescheduling the deposition again if necessary for the orderly
resolution of Armstrongs pending motions. The Government also informed Armstrongs
counsel that it would withdraw all of the remaining deposition notices that are outstanding.
Given that the Government has postponed Armstrongs deposition and withdrawn its remaining
notices of deposition, there is no need for expedited briefing of Armstrongs motions. We
therefore respectfully request that the Court deny Armstrongs motion for expedited briefing.
Armstrong does not object to the postponement of the depositions. In fact, Armstrongs
counsel sent an email last evening requesting that the June 23, 2014, date for Armstrongs
deposition be changed, due to Armstrongs family obligations that day, and stating his
assumption that the Government would not proceed with the remaining depositions until
Armstrongs motions had been decided. See Exh. 1.
Although resolution of Armstrongs motions is no longer urgent, he has not withdrawn
his motion for expedited briefing. At 12:17 p.m. Eastern Time today, the Government informed
Armstrongs counsel of its willingness to postpone the depositions, and asked whether, in light of
that decision, the Government could state in its response to the Court that Armstrong would
withdraw his motion for expedited briefing. In order to ensure that the Court was informed of
this development prior to ruling on the motion for expedited briefing, the Government requested
a response from Armstrongs counsel by 4 p.m. Eastern Time. Armstrong did not respond by
4 p.m.
At 4:47 p.m., as the Government was about to file its response, Armstrongs counsel
offered to withdraw the motion for expedited briefing, but only if the Government and relator
agreed not to notice any depositions until the Court decides Armstrongs motions. Armstrongs
latest demand has nothing to do with his request for expedited briefing. Indeed, the concession
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he seeks from the plaintiffs goes well beyond even the purported basis for his motion to quash.
That is, Armstrongs proposal would restrict the Government and relator from conducting
depositions even where he is in possession of all materials necessary to prepare for the
deposition. Armstrongs proposal is nothing more than a cynical attempt to extract an
inappropriate concession from the Government for the withdrawal of his motion for expedited
briefing even after the basis for that motion has dematerialized.
CONCLUSION
Given the Governments agreement not to proceed with the depositions that are the
subject of Armstrongs motion to quash, there exists no urgency to resolve Armstrongs motion.
The United States therefore respectfully requests that the Court deny Armstrongs motion for
expedited briefing.

Respectfully submitted,

STUART F. DELERY
Assistant Attorney General

RONALD C. MACHEN JR., D.C. Bar # 447889
United States Attorney

DANIEL F. VAN HORN, D.C. Bar # 924092
Assistant United States Attorney



Case 1:10-cv-00976-RLW Document 172 Filed 06/06/14 Page 3 of 4


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_/s/ Mercedeh Momeni_________________
DARRELL C. VALDEZ, D.C. Bar # 420232
MERCEDEH MOMENI
Assistant United States Attorneys
Judiciary Center Building
555 4th St., N.W., Civil Division
Washington, D.C. 20530
Tel: (202) 307-2843







__/s/ David M. Finkelstein______________
MICHAEL D. GRANSTON
ROBERT E. CHANDLER
DAVID M. FINKELSTEIN
Attorneys, Department of Justice
Civil Division
Post Office Box 261
Ben Franklin Station
Washington, D.C. 20044
Tel: (202) 514-4678

DATED: June 6, 2014
Case 1:10-cv-00976-RLW Document 172 Filed 06/06/14 Page 4 of 4
1
Chandler, Robert (CIV)
From: Sharif E. Jacob <SJacob@kvn.com>
Sent: Friday, June 06, 2014 4:47 PM
To: Chandler, Robert (CIV)
Cc: Finkelstein, David M. (CIV); Valdez, Darrell (USADC); Elliot Peters; R. James Slaughter;
Sean Breen (sbreen@howrybreen.com); Momeni, Mercedeh (USADC)
Subject: RE: Landis v. Tailwind, No. 10-0976
Rob:

Thank you for agreeing to withdraw the pending deposition notices. We will agree to withdraw Armstrongs request for
expedited briefing if, in addition to the conditions below, (1) the government further agrees to withdraw Armstrongs
deposition notice if the Court has not ruled by August 4 and (2) the government and the relator agree not to serve any
additional deposition notices until the Court has ruled. We assume you can arrange the relators agreement pursuant to
31 U.S.C. 3730(c)(2)(C). Let me know if the plaintiffs agree to this proposal.

Regards,

Sharif E. Jacob
Attorney at Law

415 676 2237 direct | vCard | sjacob@kvn.com
633 Battery Street, San Francisco, CA 94111-1809 | 415 391 5400 main | kvn.com



From: Chandler, Robert (CIV) [mailto:Robert.Chandler@usdoj.gov]
Sent: Friday, J une 06, 2014 9:17 AM
To: Sharif E. J acob
Cc: Finkelstein, David M. (CIV); Valdez, Darrell (USADC); Elliot Peters; R. J ames Slaughter; Sean Breen
(sbreen@howrybreen.com); Momeni, Mercedeh (USADC)
Subject: RE: Landis v. Tailwind, No. 10-0976

We are going to withdraw our notices for the Korioth, Higgins, Carmichael, and McIlvain depositions. We will issue a
new notice setting Armstrongs deposition for August 4, but we may reconsider that date depending on how the
proceedings unfold. That being the case, there is no longer any need for the expedited briefing schedule you
proposed. In filing our response to your motion for expedited briefing, may we inform the Court that you consent to
withdraw your motion for expedited briefing? I will need your answer to that question no later than 4 pm EDT today in
order to incorporate it into our response to the Court.

Regards,

Robert E. Chandler
United States Department of Justice
Civil Division, Fraud Section
601 D Street NW
Washington D.C. 20530
(202)514-4678
Robert.chandler@usdoj.gov
Exhibit 1
Case 1:10-cv-00976-RLW Document 172-1 Filed 06/06/14 Page 1 of 2
2



From: Sharif E. J acob [mailto:SJ acob@kvn.com]
Sent: Thursday, J une 05, 2014 5:56 PM
To: Chandler, Robert (CIV)
Cc: Finkelstein, David M. (CIV); Valdez, Darrell (USADC); Elliot Peters; R. J ames Slaughter; Sean Breen
(sbreen@howrybreen.com)
Subject: Landis v. Tailwind, No. 10-0976

Rob:

I write regarding the depositions the government recently noticed. Lance Armstrong has family obligations on June 23,
and Elliot is unavailable that day. I also received a call from Sean Breen, who informed me that you asked him to
negotiate directly with the parties over their availability for the Higgins and Korioth depositions. Now that the motion to
quash is pending, I assume the government will not seek to reschedule these depositions until the Court has issued a
ruling. In the future we should meet and confer about deposition dates. Dont hesitate to contact me with any
questions.

Regards,

Sharif E. Jacob
Attorney at Law

415 676 2237 direct | vCard | sjacob@kvn.com
633 Battery Street, San Francisco, CA 94111-1809 | 415 391 5400 main | kvn.com


Exhibit 1
Case 1:10-cv-00976-RLW Document 172-1 Filed 06/06/14 Page 2 of 2