Drummond Lawsuit

Service of Process Transmittal 06/16/2014 CT Log Number 525155993

TO: Madison Team CTProComply (Recipient Account Only) 8040 Excelsior Drive, Suite 200 Madison, WI 53717

RE: Process Served in Texas

FOR: United States Anti-Doping Agency (Domestic State: CO)

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

TITLE OF ACTION: Jon Drummond, Pltf. vs. United States Anti-Doping Agency, et al., Dfts.

DOCUMENT(S) SERVED: Citation(s), Original Petition

COURT/AGENCY: 342nd Judicial District Court Tarrant County, TX Case # 34227220414

NATURE OF ACTION: Plaintiff never used performing enhancing drugs as an athlete in his career

ON WHOM PROCESS WAS SERVED: CTProComply Company, Austin, TX

DATE AND HOUR OF SERVICE: By Certified Mail on 06/16/2014 postmarked on 06/12/2014

JURISDICTION SERVED : Texas

APPEARANCE OR ANSWER DUE: At or Before 10:00 a.m. on the Monday next after the expiration of 20 days

ATTORNEY(S) / SENDER(S): Mark Whitburn Whitburn ft Pevsner, PLLC 2000 E. Lamar Blvd Suite 600 Arlington, TX 76006 817-592-3488

ACTION ITEMS: CT has retained the current log, Retain Date: 06/17/2014, Expected Purge Date: 06/22/2014 Image SOP Email Notification, Madison Team [email protected]

SIGNED: CTProComply Company PER: Beatrice Casarez-Barrientez ADDRESS: 1999 Bryan Street

Suite 900 Dallas, TX 75201

TELEPHONE: 214-932-3601

of 1 / RA

Information displayed on this transmittal is for CT Corporation's record keeping purposes only and is provided to the recipient for quick reference. This information does not constitute a legal opinion as to the nature of action, the amount of damages, the answer date, or any information contained in the documents themselves. Recipient is responsible for interpreting said documents and for taking appropriate action. Signatures on certified mail receipts confirm receipt of package only, not contents.

Case 4:14-cv-00512-O Document 1-1 Filed 06/30/14 Page 1 of 33 PageID 7

kathryn_moore

Rectangular Exhibit Stamp

Case 4:14-cv-00512-O Document 1-1 Filed 06/30/14 of 33 PageID 8

• , THE STATE OF TEXAS SERVICE COPY DISTRICT COURT, TARRANT COUNTY

CITATION Cause No. 342-272204-14

JON DRUMMOND VS.

UNITED STATES ANTI-DOPING AGENCY, ET AL

TO: UNITED STATES ANTI-DOPING AGENCY C/O CT CORPORATION SYSTEM REG AGT 350 N ST PAUL ST STE 2900 DALLAS, TX

75201-4234 US

You said DEFENDANT are hereby commanded to appear by filing a written answer to the PLAINTIFF'S ORIGINAL PETITION

at or before 10 o'clock A.M. of the Monday next after

the expiration of 20 days after the date of service hereof before the 342nd District Court

,200 E WEATHERFORD, in and for Tarrant County, Texas, at the Courthouse in the City of Fort Worth, Tarrant County,

Texas said PLAINTIFF being

JON DRUMMOND

Filed in said Court on May 21st, 2014 Against

TRAVIS TYGART, UNITED STATES ANTI-DOPING AGENCY, TYSON GAY

For suit, said suit being numbered 342-272204-14 the nature of which demand is as shown on said

PLAINTIFF'S ORIGINAL PETITION a copy of which accompanies this citation.

MARK WIII1131512N Attorney for JON DRUMMOND Phone No. (817)592,3488 Address 2000E LAMAR BLVD STE 600 ARLINGTON, EK 76006

, Clerk of the District Court of Tarrant County e as Sir under my hand and the seal Thomas A. Wilder

of said Court, at office in the City of Fort Worth, this the 11th ay of June,,p

By Deputy

KIMBE4 KRUMLAND

NOTICE: You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the

clerk who issued this citation by 10:00 AN. on the Monday next following the expiration of twenty days after you were

served this citation and petition, a default judgment may be taken against you.

Thomas A. Wilder, Tarrant County District Clerk, 200 E WEATHERFORD, FORT WORTH TX 76196-0402

OFFICER'S RETURN Received this Citation on the day of at o'clock M; and executed at

within the county of , State of at o'clock M

on the day of by delivering to the within named (Def.):

defendant(s), a true copy of this Citation together with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION

, having first endorsed on same the date of delivery.

Authorized Person/Constable/Sheriff:

County of State of By Deputy

Fees $

State of County of (Must be verified if served outside the State of Texas)

Signed and sworn to by the said before me this day of

to certify which witness my hand and seal of office

(Seal)

County of , State of


, CAUSE NO. 342-272204-14

FILED TARRANT COUNTY

5/21/2014 9:34:31 AM THOMAS A. WILDER

DISTRICT CLERK

JON DRUMM:OND,

Plaintiff,

V.

UNITED STATES ANTI-DOPING AGENCY, TRAVIS TYGART,

AND

TYSON GAY

Defendants.

IN THE JUDICIAL

DISTRICT COURT OF

TARRANT COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

Plaintiff Jon Drummond files his Original Petition against Defendants United States Anti-

Doping Agency ("USADA"), Travis Tygart, and Tyson Gay, and would respectfully show the

Court as follows:

PARTIES

1. Plaintiff Jon Drummond (-Plaintiff" or "Drummond") is an individual residing in

Tarrant County.

2. Defendant USADA is a Colorado corporation with its principal place of business

at 5555 Tech Center Drive, Suite 200, Colorado Springs, Colorado 80919-2372. USADA is the

national anti-doping organization in the United States for Olympic, Paraiympic, Pan-American

and Parapan American sport. It may be served through its registered agent at United States Anti-

Doping Agency, c/o Its Registered Agent, CT Corporation System, 350 N. St. Paul St., Suite

2900, Dallas, Texas 75201-4234.

1


342-272204-14

3. Defendant Travis Tygart is the Chief Executive Officer of USADA and may

consequently be served through its registered agent at United States Anti-Doping Agency, do Its

Registered Agent, CT Corporation System, 350 N. St. Paul St., Suite 2900, Dallas, Texas 75201-

4234.

4. Defendant Tyson Gay is a resident of Florida. He may be served at 1947 Lake

Roberts Landing, Winter Garden, Florida 34787.

DISCOVERY LEVEL

5. Discovery is intended to be conducted in accordance with a Level 2 Discovery

Plan under Texas Rule of Civil Procedure 190.3.

JURISDICTION AND VENUE

6. This Court has jurisdiction over this matter as the relief requested is within the

Court's jurisdictional limits and powers. The amount in controversy exceeds the minimum

jurisdictional limits of this Court.

7. Venue is proper in Tarrant County, Texas, under Texas Civil Practice and

Remedies Code Section 15.002(a)(1) because Tarrant County is the county in which all or a

substantial part of the events or omissions giving rise to this suit occurred.

FACTS APPLICABLE TO ALL CLAIMS

8. Plaintiff Jon Drummond is a legendary track and field athlete who competed for

decades for the United States on the world stage and then turned his sights to coaching at the

highest level.

9. In 1993 and 1999, Mr. Drummond won a gold medal at the World Championship

4x 100 relays.

2


342-272204-14

10. In 2000, Mr. Drummond won a gold medal at the Sydney Olympics in the same

event.

11. Mr. Drummond retired as a competing athlete in 2003 and soon thereafter began

coaching others.

12. At the 2012 London Olympics, Mr. Drummond coached the United States 4x100

men's relay team to a performance equaling the existing world record, although the Jamaican

competitors managed to win the gold. Mr. Drummond coached the United States 4x100

women's relay team to a gold medal performance which shattered the world record.

13. So well respected in the sport of Track & Field is Mr. Drummond that he is now

the Athlete Advisory Chairman at USA Track & Field.

14. Mr. Drummond has strongly advocated against the use of performance-enhancing

drugs throughout his entire career.

15. Mr. Drummond never used performance-enhancing drugs as an athlete and,

consequently, never tested positive for the use of such drugs.

16. On. information and belief, no athlete coached by Mr. Drummond has ever used

performance-enhancing drugs or tested positive for the use of such drugs while coached by Mr.

Drummond.

17. Mr. Drummond has used his position within his sport to publicize his stance

against performance-enhancing drugs. For example, he played a major role in Be a Champion

and Pure Athlete, two organizations dedicated in large part to anti-doping and drug free

participation in athletic competition.

18. Mr. Drummond has also sought to assist his community in other ways. As an

ordained minister, he travels frequently to his hometown of Philadelphia to preach to his

3


342-272204-14

congregation and to otherwise participate in local activities. Mr. Drummond also runs sporting

events for youth in Philadelphia and in the Dallas area for the purpose of encouraging young

people to engage in sport to the exclusion of less desirable activities. Mr. Drummond also funds

and organizes the Jon Drummond Achievement Foundation, which assists needy youth in

obtaining educational opportunities they would not otherwise enjoy.

19. In 2007, Mr. Drummond began coaching Tyson Gay, a sprinter with

accomplishments that suggested the possibility of future Olympic gold medals. Mr. Drummond

found Mr. Gay an attractive candidate for his coaching, in part because he had a record free of

any taint in a sport increasingly burdened by allegations of widespread use of performance-

enhancing drugs. Mr. Gay appeared to Mr. Drummond to have a degree of integrity difficult to

find at the highest levels of track and field.

20. Mr. Drummond coached Mr. Gay in his facilities in Tarrant County, Texas, at

various times over the course of the next five seasons up until September of 2012. At no time

during that time did Mr. Gay ever test positive for any banned substance. Mr. Drummond was

consequently shocked when Mr. Gay did test positive for such a substance in July 2013, a full

ten months after he had concluded his coaching relationship with him. He was absolutely

stunned when rumors began to arise that either Mr. Gay himself or others intended to blame this

positive test on Mr. Drummond.

21. As time went on, reports circulated that Mr. Gay had tested positive for a banned

substance ostensibly received from Dr. Clayton Gibson, a chiropractor practicing in Atlanta,

Georgia. Having met Dr. Gibson in the company of Mr. Gay back in June 2012, Mr. Drummond

found it difficult to understand how Mr. Gay could have encountered difficulties with any

4


342-272204-14

products he received from Dr. Gibson as he had personally instructed Mr. Gay to discard any

products that he himself had not recognized as safe.

22. In fact, after receiving good reports of Dr. Gibson from athletes he trusted, such

as Marshcvet Hooker and others, Mr. Drummond visited Dr. Gibson with Mr. Gay in Atlanta in

June 2012 in the hopes that Dr. Gibson could provide Mr. Gay with legitimate supplements that

would help him recover from recent nagging injuries. When Dr. Gibson showed Mr. Drummond

and Mr. Gay certain cream products that seemed to refer to banned substances, such as DHEA,

on their labels, Mr. Drummond asked for an explanation, noting expressly that Mr. Gay could

not involve himself with illegitimate products. Dr. Gibson explained that the labels did not

reflect the ingredients actually in the creams—which were themselves, according to Gibson, all-

natural food-based products—but that he had attached the labels purely for the purpose of

marketing the creams to non-athletes who were unaffected by the bans and who would

understand the function of the products better with the respective labels on them. Having no

reason to disbelieve the doctor on this point, Mr. Drummond did not object when Tyson Gay

indicated that the doctor should ship the products, but did suggest that he remove the misleading

labels from the containers. Mr. Drummond could not ultimately make Mr. Gay's decisions for

him as to what supplements to order, but he intended to register his disapproval as to Mr. Gay

taking any supplements, including the creams, which he himself did not recognize as safe and

appropriate.

23. Days later in Eugene, Oregon, Mr. Gay received a box of products from Dr.

Gibson in his motel room and brought it immediately to Mr. Drummond's motel room, so that

they could sort through the contents of the box. Although they did not open the containers

situated within the box, several of the products appeared to be creams. After looking through the

5


342-272204-14

box, Mr..Drummondunequivocally recommended that Mr. Gay discard all products, including

the creams, which Mr. Drummond did not himself recognize as safe and appropriate. Mr.

Drummond expressly commented that they did not know Dr. Gibson well enough to rely on his

representations and that Mr. Gay could not take the risk of using products that they could not

specifically confirm were appropriate for him to use. Nevertheless, Mr. Gay noted that they

were short on time and told Mr. Drummond that they should pack up everything and sort through

it when they got to Europe—where they were going to train for the 2012 Summer Olympics.

Shocked at the price of the supplements sent—nearly $9,000.00—Mr. Drummond did not

believe he could unilaterally throw away Mr. Gay's property. Consequently, he assisted him in

packing it up for further review later.

24. Although initially delayed, their luggage caught up with them in Monaco.

Consequently, it was in Monaco that Mr. Drummond and Tyson Gay had further opportunity to

sort through the products that Dr. Gibson had sent. Once again insisting that Mr. Gay should

discard any products that he himself did not recognize as safe and appropriate, Mr. Drummond

now personally threw many of the items that had come from Dr. Gibson into the trash and

instructed Mr. Gay to discard the rest of the items that he did not recognize in the same way. Mr.

Gay never gave Mr. Drummond any indication that he had not done so.

25. Mr. Gay competed in the Olympics in the summer of 2012 and then stopped

training with Mr. Drummond altogether immediately thereafter. Mr. Gay never tested positive

for any banned substance in 2012.

26. However, in the summer of 2013, almost a fill year after working with Mr.

Drummond, upon testing positive for banned substances, Tyson Gay, on information and belief,

explained his positive tests to USADA by falsely contending that Mr. Drummond had

6


342-272204-14

encouraged him to make use of the creams provided by Dr. Gibson and that his use of these

creams had caused the positive test.

27. Upon learning that USADA had an interest in speaking with him, Mr. Drummond

volunteered without any obligation at all to provide sworn testimony in the context of a

November 20, 2013, deposition. Although free to leave at any time, Mr. Drummond stayed

throughout the entire deposition and testified consistently and truthfully about relevant events,

despite the fact that it became clear from the tone of the questioning that USADA had adopted an

adversarial posture with respect to Mr. Drummond himself.

28. During the course of the deposition, Mr. Drummond recalled a paper bag that

Tyson Gay had shown him in 2012 with supplements Mr. Gay had received from a source

unknown at the time to Mr. Drummond. When shown the bag, Mr. Drummond followed his

usual policy of advising Mr. Gay not to use any of the products that he himself did not recognize

as safe and appropriate. Having received this advice, Mr. Gay gave Mr. Drummond the entire

bag which, satisfied with the knowledge that Mr. Gay no longer had possession of the

supplements and would therefore not take any of them, Mr. Drummond threw under the sink in

his home where it sat undisturbed for over a year until the November 2013 deposition.' When

asked about this bag, Mr. Drummond voluntarily provided it to USADA's representative through

the undersigned counsel immediately after the deposition.

29. Mr. Drummond heard nothing further from USADA or any of its representatives

for a full six months until he received communications from USADA through the undersigned

counsel in mid-April and the following weeks that USADA intended to seek a lifetime ban

'Only once did Mr. Drummond withdraw something from this paper bag after having received it from Mr. Gay. He took out a box of Vitamin C and provided it to a medical doctor acquaintance so that she could administer it to Mr. Gay, which she did in her home.

7


342-272204-14

against him from participation of any kind in professional activities related to track and field.

Mr. Drummond came to understand from these USADA communications that Tyson Gay had

falsely sworn on April 9, 2014, long after Mr. Drummond's deposition, that, among other things,

(1) Mr. Drummond had actively encouraged him to use creams provided to Mr. Gay by Dr.

Gibson in 2012, (2) Mr. Drummond had stored the paper bag given to him by Mr. Gay in 2012

for Mr. Gay's future use and Mr. Drummond had personally injected Mr. Gay with various

substances 'contained in that bag in Mr. Drummond's home in the 2012 timeframe, (3) Mr.

Drummond had discussed the possibility of facilitating Mr. Gay's use of HGH, and (4) Mr.

Drummond had vouched for and endorsed Dr. Gibson's products and his practice both to himself

and others. Based primarily on Tyson Gay's false statements and distortions of Mr.

Drturimond's voluntarily provided deposition testimony, USADA decided to bring a formal

action against Mr. Drummond in late April 2014.

30. On information and belief, Tyson Gay made the false statements to USADA in

full, knowledge of their falsity for the purpose of persuading USADA to impose a lighter sanction

on him for having tested positive for a banned substance. Indeed, in early May 2014 USADA

announced that Mr. Gay would receive a light sanction allowing him to return to competition in

the summer of 2014. Travis Tygart, the Chief Executive Officer of USADA, explained the

sanction by stating to the media that Gay had provided truthful assistance to USADA during the

course of its investigation.

31. On information and belief, by calling Gay's statements truthful to the press while

at the same time bringing a formal action against Mr. Drummond, Travis Tygart intended to

convey to and publish through the press that Tyson Gay's false statements about Mr. Drummond

8


342-272204-14

were accurate and that Mr. Drummond had engaged in the rule violations with which USADA

had charged him.

32. Mr. Drummond denies any and all rule violations and wrongdoing in connection

with the events that form the subject of this complaint and hereby brings this lawsuit to seek a

remedy for the defamatory statements of Travis Tygart, 1USADA, and Tyson Gay.

CAUSE OF ACTION NO. 1

DEFAMATION (Against All Defendants)

33. Plaintiff incorporates paragraphs 1-32 above, for all purposes.

34, Defendant Tyson Gay published false statements of fact concerning Plaintiff

Jonathan Drummond by stating to Defendant USADA and its representatives and by providing

USADA with a sworn affidavit on or about April 9, 2014, to the effect that Mr. Drunimond,

among other things, had (1) actively encouraged him to use creams provided to Mr. Gay by Dr.

Gibson in 2012, (2) stored the paper bag given to him by Mr. Gay in 2012 for Mr. Gay's future

use and personally injected Mr. Gay with various substances contained in that bag in Mr.

Dnimmond's home in the 2012 timeframe, (3) discussed the possibility of facilitating Mr. Gay's

use of HGH, and (4) vouched for and endorsed Dr. Gibson's products and his practice.

35. Mr. Gay's false statements about Mr. Drummond were defamatory in that they

were. Calculated (1) to injure Mr.•Drbroniond's reputation as an honest track and field coach,

athlete, Athlete Advisory Chairman at-USA Track & Field, and member of the track and field

community; (2) to expose Mit. Drummond to public hatred, contempt, ridicule, and financial

injury by falsely portraying him as encouraging the. use of performance-enhancing drugs and

thus undermining his Stature in his community and his profession; (3) to impeach Mr.

Drummond's honesty, integrity, virtue, and reputation through suoh false portrayals; and (4) to

9


342-272204-14

injure Mr. Drummond in his profession and occupation as a track and field coach by indicating

that he encouraged the athletes he coached to make use of performance-enhancing drugs and

otherwise to commit applicable rule violations.

36. Mr. Gay acted with actual malice by making the false statements about Mr.

Drummond detailed above in full knowledge of their falsity.

37. Defendants Travis Tygart and USADA republished and endorsed Tyson Gay's

false statements about Mr. Drummond by stating to the media that Mr. Gay had provided

USADA with truthful assistance, thus warranting a lighter sanction for his own admitted

misconduct, at the same time that USADA was commencing a formal action against Mr.

Drummond based on Mr. Gay's false statements. No reasonable member of the public would

construe the statements of Tygart and USADA as referring to anyone other than Mr. Drummond

and to anything other than statements made about Mr. Drummond by Tyson Gay.

38. Defendants Tygart and USADA made these statements with actual malice in that

they republished and endorsed Mr. Gay's statements with reckless disregard as to their truth or

falsity, in part because they called Mr. Gay's statements truthful before Mr. Drummond had even

had the opportunity to contest those statements in the proceedings outlined by USADA as the

proper mechanism for addressing such factual disputes. Furthermore, Tygart and USADA either

knew or recklessly disregarded the fact that USADA's charges against Mr. Drummond were

based on willful distortions of Mr. Drummond's own voluntarily provided sworn testimony and

inconsistent, false, and undeniably self-serving affidavit statements made by Tyson Gay and

those associated with him.

10


342-272204-14

39. As a consequence of Defendants' defamatory statements, Plaintiff has suffered

substantial injury to his character and reputation, as well as to his earning capacity, and has

suffered considerable mental anguish.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff Jonathan Drummond prays that

Defendants USADA, Travis Tygart, and Tyson Gay be cited to appear and, upon trial of this

matter, that Plaintiff recover a judgment against all Defendants that includes:

a. Plaintiff's actual economic damages;

b. Plaintiff's mental anguish damages and damages for injury to his character,

reputation, and earning capacity;

c. Punitive and exemplary damages;

d. Pre- and post-judgment interest as allowed by law;

e. Such other and further relief, in law or in equity, to which Plaintiff shows himself

entitled.

DATED: May 21, 2014

Respectfully submitted,

L—

Mark Whitbum Texas Bar No. 24042144 Sean Pcvsner Texas Bar No. 24079130 Whitbum & Pevsner, PLLC 2000 E. Lamar Blvd., Suite 600 Arlington, Texas 76006 Tel: (817) 592-3488 Fax: (512) 519-2098 [email protected]

11



kathryn_moore


INDEX OF STATE COURT PLEADINGS Page 1 1653875_1.DOC

EXHIBIT “D” TO NOTICE OF REMOVAL INDEX OF STATE COURT PLEADINGS

Exhibit Description No. F-1 Plaintiff’s Original Petition, filed May 21, 2014; and F-2 Civil Case Information sheet filed on May 21, 2014.


kathryn_moore



kathryn_moore


342-272204-14

FILEDTARRANT COUNTY

5/21/2014 9:34:31 AMTHOMAS A. WILDER

DISTRICT CLERK


kathryn_moore


342-272204-14


342-272204-14Case 4:14-cv-00512-O Document 1-1 Filed 06/30/14 of 33 PageID 37

kathryn_moore


UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

Plaintiff

Defendant

v.Civil Action No.

CERTIFICATE OF INTERESTED PERSONS (This form also satisfies Fed. R. Civ. P. 7.1)

Pursuant to Fed. R. Civ. P. 7.1 and LR 3.1(c), LR 3.2(e), LR 7.4, LR 81.1(a)(4)(D), and LR 81.2,

provides the following information:

For a nongovernmental corporate party, the name(s) of its parent corporation and any publicly held corporation that owns 10% or more of its stock (if none, state "None"): *Please separate names with a comma. Only text visible within box will print.

A complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case: *Please separate names with a comma. Only text visible within box will print.

Ft. Worth Division

Jon Drummond

United States Anti-Doping Agency, et al.

the United States Anti-Doping Agency

None

Defendant, United States Anti-Doping Agency (USADA); Defendant, Travis Tygart; Defendant, Tyson Gay; Wells Fargo Insurance Services, 5600 South Quebec Street, Suite 300B, Greenwood Village, Colorado 80111 (USADA's insurer).


kathryn_moore


Drummond Lawsuit

Documents

Transcript of Drummond Lawsuit