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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.

))

)))))))))))))

Civil Action No. 10- 00976 (RLW)

ECF

ORDER

UPON CONSIDERATION of Defendant Tailwind Sports Corp.s and Defendant

Tailwind Sports LLCs Motion to Dismiss United States Complaint, the Opposition of the United

States thereto, the record before this Court; and the parties having conceded that Tailwind Sports

LLC statutorily merged with and into Tailwind Sports Corp. and that Tailwind Sports Corp.

assumed all assets and liabilities of Tailwind Sports LLC; and the Court having found that

Tailwind Sports Corp. is subject to suit, that the United States properly and timely served

Tailwind Sports Corp. and its agents with the summons and Complaint in Intervention, that the

Complaint in Intervention was filed within the statute of limitations of the False Claims Act, and

that the United States has adequately pled a False Claims Act claim against Tailwind Sports

Corp.; it is this _______ day of ______________, 2013, hereby

ORDERED that Tailwind Sports LLCs motion should be and is hereby granted as

conceded, and it is further

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ORDERED that Tailwind Sports Corp.s motion should be and hereby is denied.

____________________________________

RICHARD L. WILKINSUNITED STATES DISTRICT JUDGE

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