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Scathing Dismissal of Armstrong Federal Complaint



 
 
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  #1  
Old July 9th 12, 11:27 PM posted to rec.bicycles.racing
Mineral Water
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Posts: 21
Default Scathing Dismissal of Armstrong Federal Complaint

Rule 11 sanctions threatened. Not a happy or tolerant judge. Gunderson meets his match.
N THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
LANCE ARMSTRONG,
Plaintiff,
-vs-
TRAVIS TYGART, in his official capacity as
Chief Executive Officer of the United States Anti-
Doping Agency, and UNITED STATES ANTIDOPING
AGENCY,
Defendants.


ORDER
Filed 2012JUL.9 PH 2:45
tjos
Case No. A-12-CA-606-SS


BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Plaintiff Lance Armstrong's Complaint [#1], his Motion for Temporary Restraining Order [#2], and his memorandum [#3] and exhibits [#4] in support thereof. Having reviewed the documents, the relevant law, and the file as a whole, the Court now enters the following opinion and orders DISMISSING Armstrong's complaint and motion WITHOUT PREJUDICE.

Federal Rule of Civil Procedure 8(a) requires that a plaintiff's complaint contain "short and plain" statements of both the basis of the court's jurisdiction, and the plaintiff's legal claim for relief. Likewise, Rule 8(d)(1) states, "Each allegation must be simple, concise, and direct." The Supreme Court has recently held that "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Rule 8 prescribes a middle ground of specificity, not requiring " detailed factual allegations," but demanding "more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Id. (quoting Twombly, 550 U.S. at 555). Thus, "a pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do," Id. (quoting Twombly, 550 U.S. at 555), nor will a complaint rife with argument and "other things that a pleader, aware of and faithful to the command of the Federal Rules of Civil Procedure, knows to be completely extraneous," Gordon v. Green, 602 F.2d 743, 745 (5th Cir. 1979). Ultimately, what Rule 8 demands is a short and plain statement of detailedfacts, not a mechanical recital of boilerplate allegations, nor as is more relevant here a lengthy and bitter polemic against the named defendants.

Armstrong's complaint is far from short, spanning eighty pages and containing 261 numbered paragraphs, many of which have multiple subparts. Worse, the bulk of these paragraphs contain "allegations" that are wholly irrelevant to Armstrong's claimsand which, the Court must presume, were included solely to increase media coverage of this case, and to incite public opinion against Defendants. See, e.g., Compl. [#1] ¶ 10 ("USADA's kangaroo court proceeding would violate due process even if USADA had jurisdiction to pursue its charges against Mr. Armstrong.").Fn 1 Indeed, vast swaths of the complaint could be removed entirely, and most of the remaining paragraphs substantially reduced, without the loss of any legally relevant information.

Nor are Armstrong's claims "plain": although his causes of action are, thankfully, clearly enumerated, the excessive preceding rhetoric makes it difficult to relate them to any particular factual support. This Court is not inclined to indulge Armstrong's desire for publicity, self-aggrandizement, or vilification of Defendants, by sifting through eighty mostly unnecessary pages in search of the few kernels of factual material relevant to his claims.

Accordingly, Armstrong's complaint, and his accompanying motion, are DISMISSED WITHOUT PREJUDICE, for failure to comply with the Federal Rules of Civil Procedure. The Court grants leave to amend, provided Armstrong can limit his pleadings to: (1) the basis for this Court's jurisdiction; (2) the legal claims he is asserting; (3) against which Defendants each claim is being made; (4) the factual allegations supporting each claim; (5) a brief statement of why such facts give rise to the claim; (6) a statement of the relief sought; and (7) why his claims entitle him to such relief.Fn 2. Armstrong is advised, in the strongest possible terms, and on pain of Rule 11 sanctions, to omit any improper argument, rhetoric, or irrelevant material from his future pleadings.

Accordingly,

IT IS ORDERED that Plaintiff Lance Armstrong's Complaint [#11, and his Motion for Temporary Restraining Order [#2], are DISMISSED WITHOUT PREJUDICE to refiling;

IT IS FINALLY ORDERED that Armstrong shall file any amended complaint within TWENTY (20) DAYS of entry of this order, or this case shall be closed and dismissed for failure to prosecute, and for failure to comply with this Court's orders.

SIGNED this 9th day of July 2012.
SAM SPARKS LI
UNITED STATES DISTRICT JUDGE

________________________
fn 1. Contrary to Armstrong's apparent belief, pleadings filed in the United States District Courts are not press releases, internet blogs, or pieces of investigative journalism. All parties, and their lawyers, are expected to comply with the rules of this Court, and face potential sanctions if they do not.

fn 2. The Court expresses no opinion whether Armstrong actually has a legally cognizable claim against Defendants; it concludes only that his current pleadings are insufficient under the Federal Rules of Civil Procedure.
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  #2  
Old July 10th 12, 01:19 AM posted to rec.bicycles.racing
DirtRoadie
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Posts: 2,915
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 9, 4:27*pm, Mineral Water wrote:

Not starting off very well with the judge but ....

The Court grants leave to amend, provided Armstrong can limit his pleadings to:
(1) the basis for this Court's jurisdiction;
(2) the legal claims he is asserting;
(3) against which Defendants each claim is being made;
(4) the factual allegations supporting each claim;
(5) a brief statement of why such facts give rise to the claim;
(6) a statement of the relief sought; and
(7) why his claims entitle him to such relief.Fn 2. Armstrong is advised, in the
strongest possible terms, and on pain of Rule 11 sanctions, to omit any improper argument, rhetoric, or irrelevant
material from his future pleadings.


I predict a short succinct refiling with the jury demand omitted.

DR
  #3  
Old July 10th 12, 01:59 AM posted to rec.bicycles.racing
Anton Berlin
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Posts: 3,381
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 9, 7:19*pm, DirtRoadie wrote:
On Jul 9, 4:27*pm, Mineral Water wrote:

Not starting off very well with the judge but ....

The Court grants leave to amend, provided Armstrong can limit his pleadings to:
(1) the basis for this Court's jurisdiction;
(2) the legal claims he is asserting;
(3) against which Defendants each claim is being *made;
(4) the factual allegations supporting each claim;
(5) a brief statement of why such facts give rise to the claim;
(6) a statement of the relief sought; and
(7) why his claims entitle him to such relief.Fn 2. Armstrong is advised, in the
strongest possible terms, and on pain of Rule 11 sanctions, to omit any improper argument, rhetoric, or irrelevant
material from his future pleadings.


I predict a short succinct refiling with the jury demand omitted.

DR


Pretty sad when the judge has to coach a "leading legal team".
Considering how much LA pays them what chance does the little guy have
at getting good legal counsel?
  #4  
Old July 10th 12, 02:23 AM posted to rec.bicycles.racing
DirtRoadie
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Posts: 2,915
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 9, 6:59*pm, Anton Berlin wrote:
On Jul 9, 7:19*pm, DirtRoadie wrote:









On Jul 9, 4:27*pm, Mineral Water wrote:


Not starting off very well with the judge but ....


The Court grants leave to amend, provided Armstrong can limit his pleadings to:
(1) the basis for this Court's jurisdiction;
(2) the legal claims he is asserting;
(3) against which Defendants each claim is being *made;
(4) the factual allegations supporting each claim;
(5) a brief statement of why such facts give rise to the claim;
(6) a statement of the relief sought; and
(7) why his claims entitle him to such relief.Fn 2. Armstrong is advised, in the
strongest possible terms, and on pain of Rule 11 sanctions, to omit any improper argument, rhetoric, or irrelevant
material from his future pleadings.


I predict a short succinct refiling with the jury demand omitted.


DR


Pretty sad when the judge has to coach a "leading legal team".
Considering how much LA pays them what chance does the little guy have
at getting good legal counsel?


Judges do that ALL the time and will often use any reason, especially
procedural ones, to make their own job easier or simply get a matter
out of their court. They want the issues summarized and presented to
them so that they can make decisions without a lot of heavy lifting.
This judge has, in his own colorful way, made just such a demand.
I agree with your second point, but the issue which is bigger than
"getting good legal counsel" is that of even getting access to the
courts.
DR
  #5  
Old July 10th 12, 04:06 AM posted to rec.bicycles.racing
Fredmaster of Brainerd
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Posts: 620
Default Scathing Dismissal of Armstrong Federal Complaint

On Monday, July 9, 2012 3:27:59 PM UTC-7, Mineral Water wrote:
Rule 11 sanctions threatened. Not a happy or tolerant judge. Gunderson meets his match.


Hi Brian!


  #6  
Old July 10th 12, 12:58 PM posted to rec.bicycles.racing
RicodJour[_2_]
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Posts: 453
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 9, 11:06*pm, Fredmaster of Brainerd wrote:
On Monday, July 9, 2012 3:27:59 PM UTC-7, Mineral Water wrote:

Rule 11 sanctions threatened. Not a happy or tolerant judge. Gunderson meets his match.


Hi Brian!


Sheesh. Everybody is facing charges these days.

"According to DPS, there was a smell of alcohol coming from Lafferty
and he exhibited signs of intoxication. Further, there was a bottle
of Boone's Farm Strawberry Wine (drained) in the interior of
Lafferty's truck. Pending toxicology reports, Lafferty could be
charged with intoxication assault."

http://polkcountytoday.com/acc040711.html

R
  #7  
Old July 10th 12, 04:56 PM posted to rec.bicycles.racing
DirtRoadie
external usenet poster
 
Posts: 2,915
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 9, 6:19*pm, DirtRoadie wrote:
On Jul 9, 4:27*pm, Mineral Water wrote:

Not starting off very well with the judge but ....


I predict a short succinct refiling with the jury demand omitted.


The refiling appears to be imminent:
http://www.bostonherald.com/sports/o..._to_try_again/
DR
  #8  
Old July 10th 12, 05:20 PM posted to rec.bicycles.racing
RicodJour[_2_]
external usenet poster
 
Posts: 453
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 10, 11:56*am, DirtRoadie wrote:

I predict a short succinct refiling with the jury demand omitted.


The refiling *appears to be imminent:http://www.bostonherald.com/sports/o.../view/20120710...
DR


I still can't believe that someone who supposedly studies the law
would send a publicity announcement to a judge and call it a filing.
That's amateur league stuff - purely a chess world phenomena.

R
  #9  
Old July 10th 12, 05:40 PM posted to rec.bicycles.racing
DirtRoadie
external usenet poster
 
Posts: 2,915
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 10, 10:20*am, RicodJour wrote:
On Jul 10, 11:56*am, DirtRoadie wrote:



I predict a short succinct refiling with the jury demand omitted.


The refiling *appears to be imminent:http://www.bostonherald.com/sports/o.../view/20120710...
DR


I still can't believe that someone who supposedly studies the law
would send a publicity announcement to a judge and call it a filing.
That's amateur league stuff - purely a chess world phenomena.


Perhaps. But the motion that was filed along with the complaint was/is
in much better shape.
http://i.usatoday.net/sports/cycling...suit-usada.pdf

In fact that appears to be easily adaptable into a complaint that
should satisfy the judge.

DR
  #10  
Old July 10th 12, 06:30 PM posted to rec.bicycles.racing
RicodJour[_2_]
external usenet poster
 
Posts: 453
Default Scathing Dismissal of Armstrong Federal Complaint

On Jul 10, 12:40*pm, DirtRoadie wrote:
On Jul 10, 10:20*am, RicodJour wrote:

I still can't believe that someone who supposedly studies the law
would send a publicity announcement to a judge and call it a filing.
That's amateur league stuff - purely a chess world phenomena.


Perhaps. But the motion that was filed along with the complaint was/is
in much better shape.http://i.usatoday.net/sports/cycling...ng-lawsuit-usa...

In fact that appears to be easily adaptable into a complaint that
should satisfy the judge.


Much better reading. This should be entertaining.

R
 




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