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874058

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA
UNITED STATES OF AMERICA, ex rel.
FLOYD LANDIS,
Plaintiffs,
v.
TAILWIND SPORTS CORP., et al.,
Defendants.
Civil Action No. 1:10-cv-00976-CRC
Telephonic Conference With the Court
Scheduled for October 24, 2014 at 2:00 p.m.


DEFENDANT LANCE ARMSTRONGS SUMMARY OF DISCOVERY ISSUES
REGARDING THE GOVERNMENTS REQUESTS FOR PRODUCTION



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Over a year before discovery opened in this action, Armstrong produced 12,862 pages of
documents to the Government in response to a subpoena issued by the Office of the Inspector
General for the U.S. Postal Service (OIG) that sought documents related to every aspect of
Armstrongs involvement with the United States Postal Service cycling team. Ex. A. No party
has contested the sufficiency of Armstrongs production in response to that subpoena. The
Governments requests here are largely copied word-for-word from the OIG subpoena.
Compare Ex. A, with Ex. B, Request Nos. 1-6, 7(a)-(d), 10-13, 17-18, 22, 24-26, 28, and 34.
Nonetheless, Armstrong has diligently searched for any additional documents responsive
to the Governments new requests. Armstrong began collecting text messages, emails, and his
deposition transcript from an arbitration in Texas, and stands ready to produce those documents
subject to reasonable conditions, including negotiated search terms. But, instead of meeting and
conferring with Armstrong, the Government has filed a three-page document riddled with
inaccuracies. Armstrong respectfully requests that the Court deny the Governments request.
I. DOCUMENTS IN THE POSSESSION OF PERSONS OTHER THAN
ARMSTRONG
The Governments request for documents created by [Armstrongs] agents is both moot
and meritless. During the relevant period of time, Armstrongs agent was either Bill Stapleton or
Capital Sports & Entertainment (CSE). Both are defendants in this case. Both produced
documents to the Government as part of its pre-intervention investigation and in this litigation.
The Governments request to have Armstrong ask Stapleton and CSE to send duplicates of their
productions to his attorneys office to have them Bates-stamped (again) and produced (again) is
pointless and harassing.
Armstrong does not know who else the Government thinks his agent may be and [t]he
burden of establishing control over the documents sought is on the party seeking production.
Norex Petroleum Ltd. v. Chubb Ins. Co. of Can., 384 F. Supp. 2d 45, 56 (D.D.C. 2005) (citing 7
Moore's Federal Practice 34.14(2)(b) (2004)) (emphasis added). The Government does not
identify a single person it believes to be Armstrongs agent, much less prove that Armstrong has
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control of his documents. The Governments contention that Armstrong has a coterie of . . .
surrogates is neither relevant nor accurate. It is a matter of public knowledge that Armstrongs
sponsors have terminated his contracts. The Governments failure to identify which persons or
entities it claims Armstrong controls, and to establish Armstrongs control of those persons or
entities, is basis alone to deny its request.
It is worth noting, however, that the sole guidance the Government has provided
regarding the scope of its request is the definition of YOU. There, the Government states that
it is seeking documents from any other person acting or claiming to act on [Armstrongs]
behalf (including any agent, manager, or attorney), along with all entities in which Mr.
Armstrong is or has been an officer, director, or owner (in whole or in part, but excluding Mr.
Armstrongs ownership in companies whose shares are traded on a major national stock
exchange) and any other entities over which Mr. Armstrong may exercise control. Ex. B
(emphasis added). The demand that Armstrong obtain documents from every person that claims
to act on his behalf, or any entity in which he was ever an officer or owned an interest, or any
entity over which he may exercise control (whatever that means) is patently vague and
overbroad.
II. PRE-2004 ESI
Armstrong has already produced the lions share of the requested documents in response
to the OIG subpoena and again in response to the requests for production in this case. In
addition to the documents already produced, Armstrong has collected emails and text messages
and has offered to work with the Government on a protocol to determine which of those
electronic communications are relevant and responsive. As written, the Governments requests
for electronic communications are overbroad. For example, the Government seeks, without
limitation, all communications between Armstrong and 22 individuals or categories of
individuals such as any member of the News Media. See Ex. A, No. 7. Despite Armstrongs
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offer, the Government has made no effort to narrow the scope of the communications it seeks,
negotiate search terms, or tailor its requests to this lawsuit.
III. POST-2004 DOCUMENTS
The Government seeks an unspecified set of documents spanning from January 1, 1998 to
the present. The Governments demanduntethered to any specific document requesttargets
documents that could never have relevance to this case. See, e.g., Request Nos. 14-16 (seeking
post-USPS sponsorship payments Armstrong received from Tailwind or Weisel); Request No. 20
(seeking post-2004 prescriptions from his doctor). Armstrongs counsel offered to consider
requests for documents produced after 2004 on a request-by-request basis, but the Government
has not taken Armstrong up on his offer. Ex. C. Moreover, the primary reason the Government
advances for seeking post-2004 discovery is its desire to gather yet more evidence of the
undisputed fact that Armstrong publicly denied doping until his January 14, 2013 interview with
Oprah Winfrey. See Fed. R. Civ. Proc. 26(b)(2)(C)(i) (prohibiting cumulative discovery).
IV. SCA DEPOSITIONS
Armstrong has agreed to produce the deposition transcript, exhibits, and videotape from
Armstrongs deposition
1
in the SCA litigation, although Armstrong is in the process of obtaining
the videotape of the SCA deposition from his counsel in Texas. Throughout this litigation,
however, the Government has repeatedly refused to provide dates by when Armstrong can expect
to receive discovery the Government has agreed to produce. In particular, the Government
promised over a month ago to supplemental certain of its interrogatory answers that are the
subject of Armstrongs October 22, 2014 discovery statement and still has produced no
electronically stored information. The Government will not even respond to Armstrongs
requests for a date by which it can expect to receive those responses or produce its ESI.

1
As to the production of Stapletons deposition in the SCA case, the Government should direct
its request to Stapletons counsel. Stapleton is a defendant in this case and should have the
opportunity to raise any objections to the production of his deposition materials himself.
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Respectfully submitted,
KEKER & VAN NEST LLP
Dated: October 23, 2014
By: Elliot R. Peters
JOHN KEKER (pro hac vice)
ELLIOT R. PETERS (pro hac vice)
R. JAMES SLAUGHTER (pro hac vice)
SHARIF E. JACOB (pro hac vice)
TIA A. SHERRINGHAM (pro hac vice)
633 Battery Street
San Francisco, CA 94111-1809
Telephone: 415 391 5400
Facsimile: 415 397 7188

ROBERT D. LUSKIN (D.C. Bar # 293621)
BENJAMIN D. WOOD (D.C. Bar # 478799)
SQUIRE PATTON BOGGS (US) LLP
2550 M Street, NW
Washington, DC 20037
Telephone: (202) 457-6000
Facsimile: (202) 457-6315

Attorneys for Defendant
LANCE ARMSTRONG

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EXHIBIT A
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EXHIBIT B
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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.
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Civil Action No. 10- 00976 (RLW)


ECF


UNITED STATES FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS FROM DEFENDANT LANCE ARMSTRONG

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, defendant Lance
Armstrong is required to respond, within thirty (30) days of the service of this document, to the
following Requests for Production of Documents.
INSTRUCTIONS
1. Relevant Time Period: Unless otherwise stated, this request refers to the time frame from
January 1, 1998, through the present and calls for the production of all responsive documents
dated, composed, revised, or referred to at any time during that time frame. Documents created
prior to January 1, 1998, that have been used or relied on by you since January 1, 1998, are
within the time frame of this request.
2. Privileged Information or Documents: If any information or material which is otherwise
responsive to any of these document requests is not disclosed because of a claim of privilege or
other objection, identify each document request so affected, the basis for the assertion of the
privilege or objection, the date such document was created and transmitted and to whom it was
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transmitted, and all individuals or persons in possession of the information or documents covered
by the asserted privilege or objection.
3. Scope of Access to Information or Documents: Pursuant to Federal Rule of Civil
Procedure 34(a)(1), you are required to produce all responsive documents in your possession,
custody, or control, including any document in the possession of any agent, manager,
representative, consultant, business or non-profit entity in which you have had an ownership or
managerial interest, or any other person or entity from whom you have the right to obtain
possession of such documents, and any division, subsidiary, agent, representative, investigator,
director, officer, expert, consultant, employee, former employee, or subcontractor of the
foregoing.
4. Lost or Destroyed Documents: To the extent that documents responsive to this subpoena
once were, but no longer are, in Armstrongs possession, custody or control, this request requires
production of all existing indices, lists or documents in Armstrongs possession, custody or
control which reflect the transfer or destruction of, or references to, such documents. If you have
knowledge of the existence of documents responsive to a specification that you contend are not
in Armstrongs possession, custody, or control, a written statement to that effect shall be
provided at the time of production. The statement also shall include the identities of all persons
known to have received documents responsive to the request and a complete statement of the
knowledge you claim each such person has with respect to the transfer of such documents.
5. Continuing Nature of Requests: These document requests are continuing in nature to the
extent provided by Federal Rule of Civil Procedure 26(e), and you are required to provide
supplemental responses if you obtain further or different information or documents before the
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trial of this matter. Supplemental responses to these document requests shall be served at
reasonable intervals.
6. Use of Company Name: When the name of a company is used it shall be deemed to
include the company or corporation, as the case may be, or the party, and its employees, agents,
directors, officers, stockholders, principals, partners, representatives, investigators, and
consultants.
7. Use of Singulars and Plurals and Use of And and Or: The singular of any word is
intended and shall be deemed to include the plural, and vice-versa, and the conjunctive and is
intended and shall be deemed to refer to and include the disjunctive or, and vice-versa.
8. Payments: Where a request seeks documents related to payments made to you or some
other person, your response shall include all documents related to any transfer of any thing of
value to such person or to another person for the direct or indirect benefit of such person.
DEFINITIONS

1. The terms you and your shall refer to Lance Armstrong and any other person acting
or claiming to act on his behalf (including any agent, manager, or attorney), along with all
entities in which Mr. Armstrong is or has been an officer, director, or owner (in whole or in part,
but excluding Mr. Armstrongs ownership in companies whose shares are traded on a major
national stock exchange) and any other entities over which Mr. Armstrong may exercise control.
2. USPS means the United States Postal Service.
3. USPS Team means the professional cycling team sponsored by USPS from 1996
through 2004.
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4. Prohibited substances or methods means any substance or practice that appears or has
ever appeared on the World Anti-Doping Agency Prohibited List; violates the World Anti-
Doping Code or the rules of the Union Cycliste Internationale, the World Anti-Doping Agency,
the United States Anti-Doping Agency, the Federation Internationale du Cyclisme Professionel,
the United States Cycling Federation, USA Cycling, or any other organization that governs the
sport of professional cycling; or any substance, the possession, use, or sale of which is prohibited
by the laws of the United States or any state.
5. News Media means any person or entity that makes information available to the
general public or a target public. News Media include print media, broadcast news (radio and
television), and Internet-based media.
6. Public Relations Professional means any person or entity that engages in the practice of
managing communication between a person or organization and the public.
7. Document(s) means writings or records of every kind or character, conveying
information by mechanical, electronic, photographic, or other means, whether encarded, taped,
stored, or coded electrostatically, electromagnetically, or otherwise. Document includes, but is
not limited to all writings and recordings, as defined by Federal Rule of Evidence 1001(1),
and shall specifically include the following: reports, records, correspondence, letters, envelopes,
messages, notes, memoranda, calendars, diaries, minutes of meetings, working papers, directives,
manuals, instructions, guidelines, analyses, agreements, accounts, summaries of investigations,
contracts, charts, graphs, drawings, diagrams, press releases, trade letters, comparisons, books,
notices, articles, magazines, newspapers, bulletins, internal and external newsletters, brochures,
surveys, questionnaires, electronic mail, voicemail messages, text messages, facsimiles,
telegrams, videotapes, audiotapes, photographs, films, magnetic tapes, computer discs (including
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floppy discs, hard discs, and hard drives), data cells, all programming instructions, record
layouts, and other material necessary for the retrieval of all electronic or word processing
material and printouts of data or information stored or maintained by electronic means,
microfiche, microfilm, and telephone directories. Document also includes preliminary drafts or
revisions, and any attachments or enclosures, as well as copies or duplicates that are not identical
to the original because of additions, deletions, alterations, or notations.
8. Tailwind shall mean and refer to Tailwind Sports LLC, and any and all of its agents,
predecessors in interest, successors in interest, parents, and subsidiaries, including but not limited
to Tailwind Sports Corporation, Montgomery Sports, Disson Furst & Partners, and DFP Cycling.
9. CSE shall mean and refer to Capital Sports and Entertainment LLC; Capital Sports and
Entertainment Holdings, Inc.; and any and all of their agents, predecessors in interest, successors
in interest, parents, and subsidiaries, as well as all companies affiliated with any of the foregoing
by common ownership, and companies under common ownership with any such affiliated
company.
10. UCI shall mean and refer to Union Cycliste Internationale, and any and all of its
agents, predecessors in interest, successors in interest, parents, and subsidiaries.
11. WADA shall mean and refer to the World Anti-Doping Agency, and any and all of its
agents, predecessors in interest, successors in interest, parents, and subsidiaries.
12. USADA shall mean and refer to the United States Anti-Doping Agency, and any and
all of its agents, predecessors in interest, successors in interest, parents, and subsidiaries.
13. Communication(s) means documents shared between two or more persons.
14. Relate to or relating to means in any way to concern or to pertain to, whether
directly or indirectly.
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REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Produce all records or communications relating to any interest (financial, voting or other)
you hold or have ever held in Tailwind.
2. Produce all records or communications relating to any agreements between you and
Tailwind.
3. Produce all records or communications relating to any agreements between Tailwind and
USPS.
4. Produce all records relating to communications between Tailwind and USPS.
5. Produce all records or communications relating to rules of conduct or competition
applicable to the teams operated by Tailwind.
6. Produce all records or communications relating to any interest (financial, voting or other)
you hold or have ever held in CSE and any agreements between you and CSE.
7. Produce all communications, as well as documents relating to communications or
meetings, as to which you and any of the following were parties:
a. any employee or agent of WADA or USADA
b. any employee or agent of any laboratory or other organization that conducts or
has conducted tests related to the use of banned substances or methods by athletes
c. any employee or agent of USPS
d. any person (including any companies or other organizations) that at any time
manufactured or distributed any substance believed to have the potential to
enhance an athletes ability to compete in endurance sports
e. any person who was a rider on the USPS Team
f. any current or former family member of a rider on the USPS Team
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g. Michele Ferrari
h. Thomas Weisel
i. Johan Bruyneel
j. William Stapleton
k. Barton Knaggs
l. Stephanie McIlvain
m. Emma OReilly
n. Dr. Leon Schattenberg
o. Steven Ungerleider
p. Mark Fabiani, and any other person working with or for Fabiani & Lehane
q. Chris Carmichael
r. Scott Maceachern
s. John Burke
t. Hein Verbruggen
u. any member of the News Media
v. any Public Relations Professional, including, but not limited to, persons working
with or for Michael Sterling and Associates.
8. Produce all communications relating to (i) your use of prohibited substances and methods
and (ii) any investigation or litigation relating to your use of prohibited substances and methods.
9. Produce all communications between you and Frances Council for the Prevention and
Fight Against Doping (including any predecessor or successor to the CPLD) or any other French
agency with the authority to regulate or investigate the use of banned substances or methods.
Produce any documents relating to such communications.
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10. Produce all calendars or similar documents that reflect meetings with (i) UCI, (ii) USA
Cycling, or (iii) any trainer or medical personnel or any other person from whom you have
received information or advice related to your training or performance as a cyclist.
11. Produce all records of payments made by you to UCI, USA Cycling, WADA or USADA,
or any employee or agent thereof.
12. Produce all records of payments made by you to any employee or agent of the USPS
Team, including, but not limited to, other team riders.
13. Produce all records of payments made by USPS to you.
14. Produce all records of payments made by Tailwind to you.
15. Produce all agreements between Tailwind and you.
16. Produce all records of payments made by Thomas Weisel to you.
17. Produce all records of payments made by you to Michele Ferrari.
18. Produce all records of payments made by you to UCI or to any official or employee
thereof, including Hein Verbruggen.
19. Produce all records relating to your use or intended use of any prohibited substances or
methods, including but not limited to (i) any records reflecting the disclosure of your use or
intended use of prohibited substances or methods in connection with your request for a
therapeutic use exemption or other request for approval to employ a prohibited substance or
method, and any records relating to such a request, and (ii) any training journals or other
documents that reflect your use or scheduled use of prohibited substances or methods.
20. Produce all records relating to any prescription by a doctor to you for any medication that
is a prohibited substance included in the definition of prohibited substances or methods above.
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21. Produce any health booklet you maintained pursuant to UCI regulations and any other
record purporting to identify any prohibited methods or substances you used (regardless of
whether any such prohibited method or substance actually is identified).
22. Produce any records that reflect the purchase of any prohibited substances.
23. Produce all records relating to any test administered to you for the purpose of
determining whether you used any prohibited substance or method or any records relating to any
test indicating that you employed any prohibited substance or method.
24. Produce all documents related to any analysis of your blood that determined your
hematocrit level.
25. Produce all documents related to any analysis of your testosterone levels or testosterone-
epitestosterone ratio.
26. Produce all documents related to the use of prohibited substances or methods by
members of the USPS team, and any documents related to allegations that members of the USPS
team used prohibited substances or methods.
27. Produce all documents related to allegations that you used prohibited substances or
methods.
28. Produce all documents related to litigation between you and Mike Anderson.
29. Produce all documents related to litigation between you and Emma OReilly.
30. Produce all documents related to litigation between you and Greg Lemond.
31. Produce all documents related to litigation between you and SCA.
32. Produce all documents related to litigation between you and Acceptance Insurance.
33. Produce all documents related to litigation between you and the Times of London and/or
David Walsh.
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34. Produce any and all communications preserved through an audio or video recording in
which any party to such communication was not aware that he or she was being recorded at the
time the recording was made.
35. Produce all documents you prepared or that you requested to be prepared concerning the
News Media, including without limitation documents concerning David Walsh or any other
reporter.
36. Produce all communications conveying any threat or other suggestion that you or anyone
else might take some action adverse to the interests of the recipient or someone else.
37. Produce all documents related to the 2006 report prepared by Emile Vrijman regarding
his investigation of the analysis of samples from the 1999 Tour de France by anti-doping
authorities.
38. Produce all communications between you and any registered lobbyist or other person or
entity that engages or has engaged in the practice of attempting to influence legislation or other
government action.

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



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/s/ Darrell C. Valdez
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) 252-2507


/s/ Robert E. Chandler
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: May 28, 2014
Case 1:10-cv-00976-CRC Document 241-2 Filed 10/23/14 Page 12 of 15
CERTIFICATE OF SERVICE

On May 28, 2014, I served the following document(s):

UNITED STATES FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS FROM DEFENDANT LANCE ARMSTRONG

By E-MAIL VIA PDF FILE, by transmitting on this date via e-mail a true and correct
copy scanned into an electronic file in Adobe pdf format. The transmission was
reported as complete and without error.

**PLEASE SEE ATTACHED LIST**


Executed on May 28, 2014, at Washington, District of Columbia

I declare under penalty of perjury under the laws of the United States of America that the above
is true and correct.


/s/ Robert E. Chandler__________________
Robert E. Chandler

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John Keker
Elliot Peters
James Slaughter
Sharif Jacob
Tia Sherringham
Keker & Van Nest LLP
633 Battery Street
San Francisco, CA 94111
jkeker@kvn.com
epeters@kvn.com
rslaughter@kvn.com
sjacob@kvn.com
tsherringham@kvn.com

Robert Luskin
Patton Boggs LLP
2550 M Street, NW
Washington, DC 20037
rluskin@pattonboggs.com

Robert Sacks
Brendan Cullen
Christopher Viapiano
Sullivan & Cromwell LLP
1701 Pennsylvania Avenue, NW
Washington, DC 20006
sacksr@sullcrom.com
cullenb@sullcrom.com
viapianoc@sullcrom.com

Blair Brown
Rachel Cotton
Zuckerman Spaeder LLP
1800 M Street, NW
Suite 1000
Washington, DC 20036
bgbrown@zuckerman.com
rcotton@zuckerman.com

Thomas Zeno
Rebecca Worthington
Squire Sanders LLP
1200 19
th
Street, NW
Suite 300
Washington, DC 20036
thomas.zeno@squiresanders.com
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rebecca.worthington@squiresanders.com

Marc Harris
Peggy Dayton
Vicki Kirkland
Scheper Kim & Harris LLP
601 West Fifth Street, 12
th
Floor
Los Angeles, CA 90071
mharris@scheperkim.com
pdayton@scheperkim.com
VKirkland@scheperkim.com

John Pierce
Themis PLLC
2305 Calvert Street, NW
Washington, DC 20008
jpierce@themis.us.com

Paul Scott
Lani Remick
Jon Praed
Law Offices of Paul D. Scott PC
The Embarcadero
Pier Nine
Suite 100
San Francisco, CA 94111
pdscott@lopds.com
laremick@lopds.com
jlpraed@lopds.com
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EXHIBIT C
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1
Patty Lemos
From: Elliot Peters
Sent: Wednesday, October 15, 2014 3:26 PM
To: 'Chandler, Robert (CIV)'
Cc: R. James Slaughter; Sharif E. Jacob; Tia Sherringham; Valdez, Darrell (USADC); Momeni,
Mercedeh (USADC); Finkelstein, David M. (CIV)
Subject: RE: US ex rel Landis v. Tailwind Sports Corp.
Rob,

Youshouldreadthetranscriptbeforeyoudenythreateningtohangup.

MR.CHANDLER:Yes.Butbeforewedothat,Iwanttoclarify
Firstofall,areweontherecordnow?

MR.PETERS:Yes,IthinkBobistakingdownallofthethingswearesayingonthecall.

MR.CHANDLER:Iwanttonote,Elliot,thatthisissomethingyouproposedyesterday,theideaoftranscribingourmeet
andconfercall;andsomethingwe
objectedto.Iindicatedyesterdaythatthiswassomethingwedidnotwanttoparticipatein.I'mgoingtodropofffor
now,but

MR.PETERS:Well,ifyou'regoingtocutoffthecall,Ican'tstopyou.ButIamgoingtoproceedwiththemeetandconfer
call.I'mgoingtostateourpositionsaboutyourobjectionstointerrogatories.

Astothemeritsonyourthreeissues:
(1) Wewillproducetheagreeduponitemswhenyoudothesame.TheGovernmentinthiscaseagreestoproduce
things,thenfailstodoso,andcannoteventelluswhenitwill.IfyouwanttheSCAtranscript,thenjustcomply
withyourowndiscoveryobligationsasagreedintheSeptember11call,andyouwillgetit.Youarethemaster
ofthetimingofyourreceiptofthisitem.
(2) Weareatanimpasseonthetimeperiod.ThetimeperiodinyourRFPs(throughthepresent)isoverbroad.We
believethetimeperiodshouldendwhenthesponsorshipdid,in2004,butcouldconsiderexceptionsonacase
bycasebasis,ifyouproposedthem,whichyouhavent.
(3) YourdefinitionofYOUinyourRFPsisoverbroad,andyoumisrepresentourposition.Wetoldyouwehave
searchedforandproduceddocumentsfromLancesagentsatCapitolSportsandEntertainment(CSE)andalso
fromhisattorneysatHowreyBreenandHermaninAustin.(Thisiswhyatranscriptofanymeetandconferwith
youisanecessity.)YourdefinitionofYOUasincludingallentitiesinwhichMr.Armstrongisorhasbeenan
officer,director,orowner(inwholeorinpart,butexcludingMr.Armstrongsownershipincompanieswhose
sharesaretradedonamajornationalstockexchange)andanyotherentitiesoverwhichMr.Armstrongmay
exercisecontrolisoverbroad,vagueandharassing.Ifthatisthedefinitionyouinsiston,weareatanimpasse
onthatissue.

Thankyou.

Elliot

Elliot R. Peters
Attorney at Law

Case 1:10-cv-00976-CRC Document 241-3 Filed 10/23/14 Page 2 of 2