Case 1:12-cv-00606-SS Document 39

Filed 08/02/12 Page 1 of 4

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION Lance Armstrong, Plaintiff, v. Civ. Action No.1:12-cv-00606-SS United States Anti-Doping Agency, et al., Defendants.

CONSENT MOTION FOR EXTENSION OF TIME AND REQUEST FOR FURTHER EXTENSION OF TIME BY PLAINTIFF COMES NOW, Plaintiff Lance Armstrong, to request an extension of time in which to file his response to Defendants Motion to Dismiss For Lack of Subject Matter Jurisdiction Or, In The Alternative, Motion to Dismiss Or Stay Under The Federal Arbitration Act (Doc. #33) (Motion to Dismiss). Defendants United States Anti-Doping Agency (USADA) and Travis Tygart have consented, via e-mail from counsel for Defendants, to an extension of the deadline for Plaintiffs response to Defendants Motion to Dismiss until 5 pm/CST on Friday, August 3, 2012. Plaintiff therefore requests, at a minimum, that the Court grant leave to Plaintiff to file until that time. However, although Plaintiff will endeavor to file his response by that time, for the reasons set forth below, Plaintiff respectfully requests a further extension, until 9:00 am/CST on Monday, August 6, 2012, to file his response. As the Court is likely aware, the Olympic Games are currently taking place in London, England. As a result, Plaintiff has experienced difficulties in obtaining affidavits and other information from representatives of certain National Governing Bodies and others with information relevant to Plaintiffs response who are currently attending the Olympic Games.

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Although Plaintiff will work expeditiously to file a response by 5 pm/CST tomorrow, to which Defendants have already consented, an extension to Monday would greatly increase the likelihood that Plaintiff will have access to the relevant information and witnesses. In addition, on the evening of July 26, 2012, Defendants made a production of documents to Plaintiff that included letters exchanged between USADA and the Union Cycliste Internationale that are critical to the issues raised by the Motion to Dismiss. Significant alteration of Plaintiffs response was required as a result of this production. THEREFORE, Plaintiff respectfully requests that the Court grant Plaintiff leave to file his response to Defendants Motion to Dismiss on Monday, August 6, 2012. However, if the Court does not see fit to extend the deadline until August 6, 2012, Plaintiff requests that the Court, at a minimum, extend the deadline for his response until 5 pm/CST on Friday, August 3, 2012a one-day extension to which the Defendants have consented. Certificate of Conference and Compliance with Local Rule 7(i) Pursuant to Local Rule CV-7(i), counsel for Defendants agreed to extend the deadline for Plaintiffs response to the Motion to dismiss until 5 pm/CST on Friday, August 3, 2012. Counsel for Plaintiff attempted, without success, to email and call counsel for Defendants to seek consent to the further extension requested by Plaintiff prior to filing. Respectfully submitted, /s/ Timothy J. Herman Timothy J. Herman (Bar No. 09513700) Sean E. Breen (Bar No. 00783715) HOWRY BREEN & HERMAN LLP 1900 Pearl Street Austin, Texas 78705 Phone: (512) 474-7300 Fax: (512) 474-8557 therman@howrybreen.com sbreen@howrybreen.com 2

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Mark S. Levinstein (admitted pro hac vice) Marcie R. Ziegler (admitted pro hac vice) Ana C. Reyes (admitted pro hac vice) WILLIAMS & CONNOLLY LLP 725 12th St., NW Washington, DC 20005 Phone: (202) 434-5000 Fax: (202) 434-5029 mlevinstein@wc.com mziegler@wc.com areyes@wc.com Robert D. Luskin Patton Boggs LLP 2550 M Street N.W. Washington, DC 20037 202-457-6000 Fax: 202-457-6315 Rluskin@pattonboggs.com Patrick J. Slevin Patton Boggs LLP 2550 M Street, NW Washington, DC 20037 (202) 457-6197 Fax: (202) 457-6315 Pslevin@pattonboggs.com August 2, 2012 Attorneys for Plaintiff Lance Armstrong

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CERTIFICATE OF SERVICE I hereby certify that on the 2nd day of August, 2012, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: John J. McKetta, III Matthew C. Powers GRAVES, DOUGHERTY, HEARON & MOODY, P.C. 401 Congress Avenue, Suite 2200 Austin, TX 78767-0098 mmcketta@gdhm.com mpowers@gdhmcom William Bock, III KROGER, GARDIS & REGAS 111 Monument Circle, Suite 900 Indianapolis, IN 46204-5125 Phone: (317) 692-9000 Fax: (317) 264-6824 wb@kgrlaw.com Richard R. Young Brent E. Rychener BRYAN CAVE HRO 90 South Cascade Avenue, Suite #1300 Colorado Springs, Colorado 80903 richard.young@bryancave.com brent.rychener@bryancave.com