2016-42848 / Court: 129

6/23/2016 5:22:59 PM
Chris Daniel - District Clerk Harris County
Envelope No. 11312552
By: Nelson Cuero
Filed: 6/23/2016 5:22:59 PM

CAUSE NO. ___________________
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Petitioner.

(Jeffrey Stuart Brown, M.D.)

IN THE DISTRICT COURT OF

HARRIS COUNTY, TEXAS

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IN RE: USADA,

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PETITIONER USADA’S VERIFIED RULE 202 PETITION

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Pursuant to Texas Rule of Civil Procedure 202, Petitioner United States Anti-Doping

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Agency (USADA) requests to take the oral and video-taped deposition of Jeffrey Stuart Brown,

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M.D. to investigate whether Dr. Brown and others violated USADA’s anti-doping rules, making

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Dr. Brown and/or others subject to potential claims brought by USADA.

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Petitioner USADA is the authorized national anti-doping agency for Olympic,

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PARTIES AND INTERESTED PERSONS

Pan American and Paralympic Movement Sport in the United States. Congress has determined

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that USADA shall “serve as the independent anti‐doping organization for the amateur athletic

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competitions recognized by the United States Olympic Committee and be recognized worldwide

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as the independent national anti‐doping organization for the United States.” 1
Among other things, USADA is to “ensure that athletes participating in amateur

athletic activities recognized by the United States Olympic Committee are prevented from using

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21 U.S.C. § 2001(b)(1).

PETITIONER USADA’S VERIFIED RULE 202 PETITION

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 performance enhancing drugs or prohibited performance‐enhancing methods adopted by the
Agency.” 2
3.

USADA seeks the oral videotaped deposition duces tecum of Jeffrey Stuart

Brown, M.D. (“Dr. Brown”). Dr. Brown is a board certified endocrinologist in Houston, Texas

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and was at relevant times a member of USA Track & Field (USATF), the governing body for
track and field in the U.S. Dr. Brown resides in Harris County and may be served pursuant to
Rule 21a at his medical practice, Endocrine Associates of Houston, 909 Dairy Ashford Street,

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Texas Rule of Civil Procedure 202.2(b)(2) provides that a Rule 202 Petition may

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II.
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Suite 205, Houston, Texas 77079. Dr. Brown’s telephone number is (281) 589-2681.

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be brought in a proper court of any county where the witness resides, if no suit is yet anticipated.

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Dr. Brown resides in Harris County. Since USADA is investigating potential claims or suit,

USADA was formed in 2000 as an independent, not-for-profit corporation and

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III.
FACTS

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Harris County is the appropriate venue for this proceeding.

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thereafter assumed the anti-doping responsibilities previously shared by the United States

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Olympic Committee (USOC) and more than forty National Governing Bodies (“NGBs”) which

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are members of the USOC.
USATF is the NGB for track and field, long-distance running and race walking in

the United States. USATF athletes and athlete support personnel (including doctors) are subject
to the anti-doping rules of the USOC and USADA which USADA is authorized to enforce.

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21 U.S.C. § 2001(b)(2).

PETITIONER USADA’S VERIFIED RULE 202 PETITION

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Based on information provided to USADA, individuals have traveled to Houston,

Texas in furtherance of efforts to enhance athletic performance.
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Given the information provided by these individuals and the cross-country travel

for the sole purpose of receiving treatments from Dr. Brown, the information raises questions

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about whether some of these treatments may have violated sport anti-doping rules.

USADA has received consents from many of these individuals, including patients

of Dr. Brown, to interview Dr. Brown concerning whether his treatments have been in

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compliance with sport anti-doping rules. However, despite the voluntary cooperation of these

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individuals and specific written authorizations from them to discuss treatments received from Dr.

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Brown with USADA, Dr. Brown has, to date, refused to discuss with USADA treatments given

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Beginning in February 2016, USADA began directly communicating with Dr.

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to these individuals.

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Brown and his legal counsel to attempt to get Dr. Brown to cooperate with USADA and to

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comply with the consents given by his patients for Dr. Brown to speak with USADA. Based on

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these communications, USADA reasonably believes that it has exhausted all reasonable efforts

Therefore, USADA seeks an oral videotaped deposition duces tecum of Dr.

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to obtain voluntary compliance from Dr. Brown.

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Brown to investigate treatments given by Dr. Brown to these individuals; the substances used in
those treatments and methods of administration of the treatments; personnel and/or entities
involved setting up and administering those treatments; why the treatments were initiated; and
any information pertaining to whether such treatments and other treatments and communications
in which Dr. Brown has been involved violate or relate to violations of sport anti-doping rules.
This information will assist USADA in its ongoing efforts to investigate whether Dr. Brown
and/or others may have violated sport anti-doping rules.
PETITIONER USADA’S VERIFIED RULE 202 PETITION

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Allowing USADA to depose Dr. Brown to investigate any potential claims

involving Dr. Brown and others will prevent USADA from unnecessarily commencing legal
proceedings that may or may not be warranted based on the incomplete information currently
known about Dr. Brown’s treatments and Dr. Brown’s refusal, to date, to communicate with

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USADA about these treatments. For this reason, the likely benefit of allowing USADA to take
an oral videotaped deposition duces tecum to investigate any potential claims against Dr. Brown
and others subject to its protocol and the relevant anti-doping rules is the most efficient way to

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proceed and greatly outweighs the burden and expense of allowing the requested deposition to

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proceed.

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FOR THESE REASONS, USADA requests that the Court set a date for hearing on this

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Petition and, after the hearing, issue an order authorizing USADA to take an oral video-taped

Respectfully submitted,

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deposition duces tecum of Dr. Brown as described herein.

/s/ Chad Arnette
Chad Arnette
State Bar No. 24014751
chad.arnette@kellyhart.com
Preston R. Mundt
State Bar No. 24058465
preston.mundt@kellyhart.com
KELLY HART & HALLMAN LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
Phone: (817) 332-2500
Fax: (817) 878-9280
ATTORNEYS FOR PETITIONER

PETITIONER USADA’S VERIFIED RULE 202 PETITION

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 VERIFICATION

STA TE OF INDIANA

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COUNTY OF MARION

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BEFORE ME, via telephone, the undersigned Notary Public, on this day William Bock,
III and, after being duly sworn, stated under oath that he is General Counsel for the United States
Anti-Doping Agency; that he has read the above Petition; and that the factual statements
contained in the Petition are within his personal knowledge and are true and correct.

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William Bock, III

....

CAROLE LKING

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SUBSCRIBED AND SWORN TO BEFORE me via phone authorization on June
, 2016, to certify which witness my hand and official seal.

My commission expires:

f/PJL. ~ 3,

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Miiion CountJ
, M Camml11lon E.,ires Mir 23, 2024

Notary Public, State oflndiana

PETITIONER USADA'S VERIFIED RULE 202 PETITION

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 CERTIFICATE OF SERVICE
The undersigned certifies that on June 23rd, 2016, the foregoing Rule 202 Petition was
served, pursuant to Rule 202.3, on the following by Fax and Certified Mail, Return Receipt
Requested, in accordance with Rule 21a:

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Jeffrey Stuart Brown, M.D.
Endocrine Associates of Houston
909 Dairy Ashford Street, Suite 205
Houston, Texas 77079
Fax: (281) 493-1862

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/s/ Chad Arnette
Chad Arnette

PETITIONER USADA’S VERIFIED RULE 202 PETITION

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