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 ctsop@ctprocomply.com
SIGNED: CTProComply Company
PER: Beatrice Casarez-Barrientez
ADDRESS: 1999 Bryan Street
Suite 900
Dallas, TX 75201
TELEPHONE: 214-932-3601
Page 1 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
EXHIBIT
A
, 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.
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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.
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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
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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
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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 creamswhich were themselves, according to Gibson, all-
natural food-based productsbut 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
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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 Europewhere they were going to train for the 2012 Summer Olympics.
Shocked at the price of the supplements sentnearly $9,000.00Mr. 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
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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.
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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
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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
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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.
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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
mwhitburn@whitbumpevsner.com
11
EXHIBIT
B
EXHIBIT
C

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 Plaintiffs Original Petition, filed May 21, 2014; and

F-2 Civil Case Information sheet filed on May 21, 2014.

EXHIBIT
D
EXHIBIT
E
342-272204-14
FILED
TARRANT COUNTY
5/21/2014 9:34:31 AM
THOMAS A. WILDER
DISTRICT CLERK
EXHIBIT
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EXHIBIT
F-2
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).

EXHIBIT
G

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