LeMond Cycling, Inc. v. Trek Bicycle Corporation

Filing 139

Attachment 16
DECLARATION of Emily S. Zastrow in Opposition to 117 Memorandum in Support of Motion, 114 MOTION for Summary Judgment filed by Trek Bicycle Corporation. (Attachments: # 1 Placeholder for Exhibits 45,55-57,61,66,70,74, # 2 Placeholder for Exhibits 46-47, # 3 Exhibit 46, # 4 Exhibit 47, # 5 Exhibit 48, # 6 Exhibit 49, # 7 Exhibit 51, # 8 Exhibit 51, # 9 Exhibit 52, # 10 Exhibit 53, # 11 Exhibit 54, # 12 Exhibit 58, # 13 Exhibit 59, # 14 Exhibit 60, # 15 Exhibit 62, # 16 Exhibit 63, # 17 Exhibit 64, # 18 Exhibit 65, # 19 Exhibit 67, # 20 Exhibit 68, # 21 Exhibit 69, # 22 Exhibit 71, # 23 Exhibit 72, # 24 Exhibit 73, # 25 Exhibit 75, # 26 Exhibit 76)(Rolf, Benjamin) SEALED DOCUMENTS RECEIVED IN CLERKS OFFICE on 8/5/2009 (lph). Modified attachment text on 8/6/2009 (RLR).

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LeMond Cycling, Inc. v. Trek Bicycle Corporation Doc. 139 Att. 16 Case 0:08-cv-01010-RHK-JSM Document 139-17 Filed 08/05/09 Page 1 of 5 ZASTROW EXHIBIT 64 Dockets.Justia.com Case 0:08-cv-01010-RHK-JSM Document 139-17 Filed 08/05/09 Page 2 of 5 FOXSports.com - LeMond not sure Armstrong's clean Page 1 of 1 LeMond not sure Armstrong's clean / Associated Press Posted: 26 minutes ago Three-time Tour de France winner Greg LeMond suggested he's not convinced Lance Armstrong is so clean. "Lance is ready to do anything to keep his secret," LeMond told France's Le Monde newspaper in an interview published Thursday. "I don't know how he can continue to convince everybody of his innocence," the daily quoted Lemond as saying. Fellow American LeMond who won the Tour in 1986, 1989 and 1990. Armstrong, who has won five Tours and is seeking a record sixth crown, has repeatedly denied doping accusations. LANCE SHOOTS FOR I,.ive Y.Rdjlte~ SIX ... This is not the first time Le Monde newspaper has leveled doping accusations against Armstrong, and his team manager Johan Bruyneel said he wasn't surprised. "Le Monde is I can make a a newspaper whose intentions we know. And if suggestion to the editor it would be that they change their sports and cycling pages into a doping page." "There's nothing we can do to counter it," Bruyneel said. Armstrong entered the Tour shadowed by a new book, "L.A. Confidential, The Secrets of Lance Armstrong," that insinuates he probably has used drugs. The French-language book by journalists Pierre Ballester and David Walsh hit stores less than three weeks before the start of the race. "I was a Tour," LeMond big supporter of Lance the first year that he won the was quoted as saying. "But with all these a stories it's difficult to stay supporter." Stories · . . AJ.an's view of s.taÇleJJ2 Follow along with Lance TriKker AJan's view of Stage 9 ~ httn' / /m<m foy<mort" ~om/dorv?('ontf>ntT ..-1=/ 1:;,774 /R~nr1nt=tt"llP 7/1 ,,/')nnL1 TREK010863 Case 0:08-cv-01010-RHK-JSM Document 139-17 Tour de France - LeMond Blas,t:~:.~rnstrong Filed 08/05/09 Page 3 of 5 Page 1 of 2 James Startt I Cyril Guimard I Gilbert Simoni Joe Lindsey I Phil Liggett I KathyGutowsky 1.5 Years of Over-the'Top Performances[] 1~ 2004 :TdFISEARCH ! ~" T .V. JOIN F-. LeMond Blasts Armstrong By Joe Lindsey, Contributing Writer July 15, 2004 in what is the closest any Amedcan has come to directly accusing Lance Armstrong of using performance-enhancing substances, three-time Tour de France winner Greg LeMond publicly questioned Armstrong's cleanliness, saying that denials and negative tests were not clear proof that he is dean. "Everybody says that," LeMond said in an interview pdnted today in the French daily newspaper Le Monde. "But neither had David Millar tested positive and he now admits he took EPO." Millar, formedy of the Cofidis team, was taken into custody last month when a police search of his home turned up vials of Eprex, a form of EPO. His lawyer acknowledged that Millar admits to having used EPO three times in his career. Milar had previously denied all allegations of drug use, calling his accuser, former teammate Philippe Gaumont, a "nutter" and pointing out that he had never failed a drug test. LeMond has publicly questioned Armstrong before. In 2001, when London Times writer David Walsh revealed that Armstrong was consulting with Dr. Michele Ferrad, who is currently on tdal in Italy for allegedly helping cyclists dope, LeMond was characteristically blunt. "If it's true, then [Armstrong's Tour wins] are the greatest fraud in cycling," he said at the time. Armstrong, reportedly non-plussed by LeMond's comments, had a phone conversation with Greg that is recounted in Walsh's new book, "LA Confidential: The Secrets of Lance Armstrong" currently on newsstands in France. In the book, LeMond's wife Kathy tells Walsh of the conversation, in which Armstrong pressures LeMond to admit to taking EPO himself; Greg denies ever having used the drug. Le Monde, a dally published in the southern part of France, has been a dogged pursuer of doping scandals, its report last week that some dders in the Tour remain under investigation for doping led to the rest-day expulsion of Martin Hvastija and Stefano Casagranda. And in 1999, when it was revealed Armstrong tested positive for a corticosteroid after denying it, he had a tense exchange at a press conference with a Le Monde reporter who asked him whether he was truthful in his denial or if he had used a corticoid. "So, Mr. Le Monde," Armstrong shot back, "Are you calling me a liar, or are you calling me a doper?." Armstrong's team produced a medical cedificate for the product, a topical cream, and he was never sanctioned. In LA Confidential, Walsh asserts, through former Postal soigneur Emma O'Reilly, that the certificate was produced after the fact as a cover. In his strongest words yet, LeMond blasted Armstrong, saying, 'q'he problem with Lance is that you're either a liar or ,~:', i ..... Gez hea]!~ ant tips and a cha great prizes Stage 11 _Minutes Daily Reports Info & Map_ http:/Iwww.tourdefrancenews.com/tourdefrance/exoerts/column.~/o q4gq ~1-qal n on h~] ~/a I /OnOA TREK005163 Case 0:08-cv-01010-RHK-JSM Document 139-17 Filed 08/05/09 Page 4 of 5 Page 2 of 2 Tour de France - LeMond Blas, tv.&rmstrong ,~..,, you're out to destroy cycling," he told Le Monde, referring to how Armstrong reacts to riders like Filippo SimeoN, Chdstophe Bassons or Jesus Manzano, who acknowledge doping in the sport. "Lance is ready to do anything to keep his secret but I donff know how long he can convince everybody of his innocence." Simeoni has sued Armstrong for slander, saying that Armstrong damaged his reputation by calling Simeoni a liar when he testified against Ferrad at the doctor's last tdal. LeMond dismissed criticisms that he is jealous of Armstrong, who has won two more Tours than him and stands to become the first-ever to win six. "Because of all that has occurred in the past 10 years," he said, referencing dopJng, "that does not have the same value as the five Tours of Hinault, for example." As of press time, Armstrong had not yet responded to the comments. -With AFP Reports Read more columns by Joe Lindsey. ~ Scoop (Sta~]e~ Armstrong Hunts Down Rider More Daily Reports From Joe Lindsey DALLY Chec~ out o~r ~ and get reward IRodaleSites .... ~j" contactus I masthead I affiliates I ©2004Rodalelnc. I privacy policy http://www.tourdefrancenews.com/tourdefxance/exoerts/columns/O-348q-.~1-9,t.1 ~q t3o him| R/'ll/')nnz~ TREK005164 Case 0:08-cv-01010-RHK-JSM Document 139-17 Filed 08/05/09 Page 5 of 5 . ~~~st~Îng]~~tfts..tSotheNlFg. ~!f..,j;,~ ï~ZT~:;)S;;;lî-~;;:~;;;;'~' ~[HJel1chj()uriuilist aDd jSliakesbeadinresPonse' :iô criticiSQ1 byl.eMorid staaes. It begins at hit category 1 ~0~thel2O riders the ' 0lIO""-,,;:/~]~.~,,. ,~,====:Fnlooeb13 ::'- ~~;ie'J roads otth ciJOO. .ï~~" ' e1Imb (3,500-5,000 (eet) at downhlil. 12 kilometers, All far as FIGEAC, France the raèe goes, Lance Al'mstrong " - Cold~Thenlt's-alI Coor belloretheridersCacethenext ,C r Isconlldent. , cllmh, La Mongle, wl)ere the flIiIsh Is held. La Mona1e , All far as the di-ug talk goes, Aimstrongls spItting mad. On a day when the temperature cllmbed to near 100 degrees, '", by the end of stage 11, Amistrong stOOd near the tInIsh'lIne ûn A:rløelu niul' AN OLDPKO: AndreAgamdippedlnlohl!bagoftrlck8lnthe !!,cond set and went on to defeat Julien Bennetequ. C.uu.oll CRAY&Z "r 5,659. ~~";Pln 12245 mil;" ~?' ", '. ,'. ~,: /"~" jJ :,' ~' -r I' _...;;' r::"~ , " ;tj_ i," _' . Howt L::' tit,,;;, - {r ~,ced rInIh. 5:58 behild, '" _<' Ge"""",,pJaéedl3thlntbssametme , __ 0,,",'" CASAA ~ J\rm5tJtlI1g, U.s., Jon Ulrich. I . ._JersèY:_lbedderofÑallCO ,"-thelalld, ' _.......' '-...... t .QuaIB Dllloe Day: 'Wa',.tired _:-lBnceArms!Rlng: OVERAULEADERs N. R1DBl L THOUAS VOECIQ8I ond really ',,: r 0 Start lFinlsh ~ ~ Tlmo 46:43:10 3:00 behbl'" 4:13bd11nd '~Slap , slarlIlIntsh trial , _ 'and spoke opttnilstlca1ly about the upcoming mourltlún cIlmbs In tile 1oori1!ng Pyrenees and angriIy about a two-pronged attaek against his reputation. A rurtouB Al'mstrong, tIYlng . Tim. ,- - - rRlnsler '. '2. S!IW!T - 3. SANl1i 4, RICHAllo ""ENQUE 5..IMOO PIl ..... ..... ""'..0 u.s. 052_ 1:43Þet1nd FRANCE '} ,[ ~ 6.l.MCE AWSTJlO~~ 9:35tdfRd '-0' ..:If chae1, Armstrong's tratnei-, said there was a sense oC frustration about the contlnual percoJatlng of the doping rumors. "It's disappointing: CannIchael sakL "How Is Lance supposed to react? He takes every drug test he's never faI1ed óne, guys have been tIYlng for years to catch him, they can't, How do you prove you haven't taken any.thlng ,other than passlng the drug tests? "It's not a great situation but, what happened today Isn't a surprise. Lance doesn't expect It to go away, he can only respond" When It carne to talklngahout hls position In the race stIlIln. 9 shIth place, stili mlnutes 35 secleader onds behind overall of France. stili Thomas Voeckler at least 47 seconds ahead of hls' - TENNIS to become the fIn;t man In the hlstoIY of the Tour de France to wln the three-weeJ< endlJI'lUlCe test six times In a row, accused a French television Journalist of staIIdng hls hotel room and wearily shook hls head at harsh words li'om Greg LeMond. the tlrst American cyclist to wln the ' -~gassi Remains .-True,to By PETER YOON ~ ~ ~~. ';" . , ',' ":'lJJ , ' !' , "<{ ". ,., Form , ':. ';':1. 2'fJnea~ær Andre Agassi. USlng a couple of well-timed drop shots, Sill'vlved a tlrst-set scare li'om a little-known Frenchman 'Thursday AtaGhmc:e . Wbai: __Benz Cup, ," Sl<lclðj. .Whon:Today llwugh . , '~ ~erli _ , , nlgbt and prevented the'Meree,des-Benz CUp li'om becoming an i1Iterthought 'Top-seeded AgasBi fought olf hard-hitting Julien Benneteau, 7-6 (M), 6-2, In li'ont of a sellout crowd of6,872 at the Los Angeles Tennis Center at UCLA and became one of only two aeeded ,players to advance to the , . Where: lDs AnjioIe5 TennIs TV: ESI'N2 12p.m,); leonis Center/UClA. Ch1ll1nel(4, 3 TV investigative, reporter Hugues Huet at the U,6, Postal service team hotel Thurs- Tour. Armstrong was feeling assailed when he and fellow American Tyler HamIlton were tapped at the end of Stage 10 for drug testing. Maklnll him madder, Amlatrong said, was the sight of __ """"'"' Auoclaled """ LmAItQeh'6t'JlIln France .1:30, 9:30pJll.~ .TIckats: (310) 1!25-2101, . Today'. _ FISh \'S, rnatohes: Cyril ~ KIefer No, 3 Manly (2 p,nt); Greg 14 p,nt): No, 1 Andre A3assi TOfIVI1\' Kaas (7:30 p.m,) 1'5. _1'5. NIr;oJas 5ecOnd-aeeded Paradom Srichaphan lost, 7-5, 7-4, to Jeff Morrison, and ßlth-aeeded Sjeng ScþaIken lost, 7-6 (7-5),2-8,7-5, to Wesley Moodle,-addlng their names to a Ijst of four aeeded ,who !oat In the fln;t " not exPect that," Agassl will play Tommy Haas, who missed all' of last season recovering li'om shoulder surgel1', but had little trouble In a 6-2, 6-0 vlctol1' over Kenneth 'Carlsen. - daymomlng. "After we IeIt [the hotel}, the [televlsloñJ crew went to the hotel, to tbe reception, to the owner of the hotel. asldng for our room lISt. tIYlng to get In our rooms," Al'mstrong ÍlaJd. "'They show up at the press conference and ask sporting questions to our race but as soon as we. leave. they're looking, digging In the rooms, looldng Cor dirt It you IeIt a B vltamin sitting there, that would be on TV and that would be a orùy to Interviev,: u.s. Postal tralners and assistants to assess the physical state Of Armstrong and hls teammates before. the start of mountaln clImhlng. And Huet told ABsocIated Press: "We do have ethlcs and we don't do , just rouild. "I thlnk, everybody gQeS out on the court and expécts dI1I'lcultles." Agassl said. "'There's not a match you, can take for granted. You just hope you're one of the fortunate ones." 'The tournament already lost severaJ recognizable names bÉ!cause of pre-tournament withdrawals and' cert.alnly would ': liàve lost some Juster with an '1\gasslloss. M1lI'CIY FIsh, aeeded third, Is the only other aeeded , , pIayerlett. AgassI, a three-tlme winner of the Mercedes-Benz Cup, has adVanced to the quarterilna!s In ,;Øght of hls nlne appearances at - Srichaphan, ranked No. 23 In scandal the worid, was steamroDed by a "ThIs particular guy [Huet] following' us Cor power1uJ Morrison serve that ,has been months. The scary thing Is that If produced 18' aces, Stichapl1an had only one break point opporthey don't find anythlng and tunity In the match and Mom- they riet fn1strated alter a Couple of months, welJ,'who's to say they son sailed It with an ace. don't put so~thlng there and "Hli played great today, espe111m It and SliIY, 'Look what we've clalJy hls service i/iIDe: Stichafound.' 'That's what we have to phan said. "When he had trouble deal with;" he Just>got away with It because A ofhls serve: France 3 spokesman said the crew had gone to the hotel Morrison. ranked No, 117 'In to the the worid, advanced quarter1lnal5 for the second consecutive week and should crack ;ffie top 100, He said the upsets this wæk demonstrate that ranldngs lose relevance on the, court, "I think that there are some ' ' by seilrchIng hls room like that, I would be,breaklng the JlmIts." It Is not a secret where teams A Tour boÒk lists each stay, team's hotel ,for each night. But It Is unusual for riders to give interviews at the hotel on the mOmlng before the stage beØnsAlso Thursday, an article In the French newspaper La Monde quoted LeMond as strongly crttlclzlng Armstrong's denials of drilguse. "The prohlem with Lance Is that you're either a liar or you're out to destroy cycIIng," LeMond was quoted as saylng. "Limce Is ready to do anythlng to keep hls long I si!)lret but don't know hoW he can convince evetybD;dY ofhls I anythlng, It played aróuud Innocence: Armstrong has had a, contentious relationship with the French press In the past Two years ago, he held an emotional nèws conference In the middle of the Tour denying doping allegations, expressing sadness that French Cans were yelIlnll' "Dope" at him and defendlng hls relationship with Italian physician Michele Ferrari, who has been the target of Italian investigations Into doping. strongest challengers - Arm- - And LeMond and Al'mstrong 'have had an wìeasy relationship since Annstrong won hi!; fIn;t Tour In 1999, In 2001, when a London TImes writer revealed ArmstroÌ1g's relationship with Ferrari, LeMond was quoted extensively as belngcritIcaJ ofArmstrong and doubting Armstrong's victories. While nelther Annstrong nor other members orthe U.S. Postal team responded pubUcJy to quotes, Chrts CannI- strong was content He also said he was looldng forward bOth to today's stage 122.5 mlIes li'om Castelsamlsln to La Mongle that tlnlshas with a daunting elght-mOe clli)1b to the tInIsh and even more to Saturday's 13th stage that tlnlshas high up In the mountains at PIa, - teaudeBeDle, ~nd's In 2002, Al'mstrong won stages that finished In La Mongle and Plateau de Beille. French Cans cl)eered agaln a Thursday. For the tlrst tlme In decade. French Iiders have won back-to-back stages with David Moncoutle of Colldls llnIshIng alone at the end of the unduA day earlating, 102-1Jl!!e trip. lier, climber RIchard Vtrenque won the fln;t clImhlng stage. really, really good tennls players the tournament. decidedly pro-Agassí crowd, -the fln;t sellout of tile week, made no secret about Its to one of the most popuJar p!a,yerli of this genera- The that aren't household names, but can knock' oIT top-ranked p1ayerli on certaln days: he sold. "No 1 or 100, you know ranked No. that going out that you've got a chance andthat the other guy has got a ch,ance: Morrisol1:wIlI play Moodie In . -, ""I've dellnltely had the privl"iegeofhavingalotofsupport"1n a lot Of places," l\gassl said. "But rIll very familiar-with these :~ 'tlon. matter' whether yoo're theqtiâiterr!nals. 'ï:ouItsand It __ -: BennetÍ!au played shoHor',Shot with Agassl durlng tl)e fln;t _' '_ set of a battle of haselIne hash'~. He used an aggressive, free-" -swlnglng 'approach and found-i the Ilnès and the comers, bUt In ttii: seCond set those shots ' Is an extra speclaI 1IIelIÌlg; no question." rank" N set , a Moodie, world, upquarterthe past . Open , riiIased. , _ , " Agassl hlt_ two perfect shots In the tlrst game of ',ood set to get $enneteau ,ltÌg 'and the strategyw ,'AgasBi;broke In tI1at -" ,~ ' SEE THE 'HIGHJ.UMP TREK013937

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