CAS 2004/O/645 USADA vs Tim Montgomery
CAS 2004/O/649 USADA vs Chryste Gaines
Related cases:
- CAS 2004_O_645 USADA vs Tim Montgomery & IAAF
December 13, 2005 - CAS 2004_O_645 USADA vs Tim Montgomery - Award on Jurisdiction
February 9, 2005
1. On 9 November 2004, the Panel confirmed in writing various procedural orders rendered orally during a procedural hearing on 1 November 2004. As agreed during the 1 November 2004 hearing and as set out in the Panel's 9 November 2004 Order, a detailed procedural timetable for the conduct of these proceedings was established.
2. On 24 December 2004, the Panel issued an Award on Jurisdiction, without reasons, in which it affirmed both USADA's authority to bring these cases against Respondents and its own jurisdiction to hear the cases. The Panel's reasons in support of that award were issued on 9 February 2005.
3. included in the procedural timetable confirmed on 9 November 2004 was a procedure for the briefing and hearing, as preliminary issues, of Respondents' motions concerning certain evidentiary matters as well as concerning the dismissal of certain of the claims brought against them by USADA.
Hereafter both parties filed their submissions and thereupon a hearing on the parties' evidentiary and procedural motions was held in order to settle these issues.
Accordingly on 4 March 2005 the Court of Arbitraton:
1.) Confirms the procedural directions set out above in Part II.A (paragraphs 8 et seq) of the present Decision;
2.) Remains seized and reserves judgement in respect of Respondents' Motions to Exclude Certain Exhibits;
3.) Grants Respondent Gaines' request for the dismissal of USADA's claims against her for alleged violations of lAAF Rule 56.4;
4.) Dismisses without prejudice all other elements of Respondents' Motions to Dismiss Certain Claims and Charges; and
5.) Declares that the costs associated with Respondents' Motions that are the subject of the present Decision will be taken into account in the final award to rendered by the Panel in each of their cases.
