In a hearing Friday morning, Judge Sam Sparks (United States District Court for the Western District of Texas) declined to decide Defendant Travis Tygart's (USADA CEO) Motion to Dismiss Lance Armstrong's case for lack of jurisdiction and instead asked the parties for additional briefing due in seven days.
Among other things, Tygart argued that under the Ted Stevens Olympic and Amateur Sports Act (the "Act"), Congress established that arbitration is the exclusive forum for deciding disputes of this nature and therefore any claim that Armstrong brings in the federal district court is preempted under the Act. Tygart goes on to argue that Armstrong must exhaust all remedies (ie- go through the arbitration process) before he is able to raise a dispute with the District Court.
Judge Sparks did not indicate when the Motion would ultimately be decided or when the next hearing date would be. Given his short deadline for additional briefing, Judge Sparks appears motivated to resolve this issue sooner rather than later. Expect to see another hearing set within three weeks.
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