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Topic: rainer because I would not do what it

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rainer because I would not do what it

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NEW YORK -- Alex Rodriguez sued Major League Baseball and its players union Monday, seeking to overturn a season-long suspension imposed by an arbitrator who ruled there was "clear and convincing evidence" the New York Yankees star used three banned substances and twice tried to obstruct the sports drug investigation. Seahawks Doug Baldwin Camo Jersey . As part of the complaint filed in federal court in Manhattan, Rodriguezs lawyers made public Saturdays 34-page decision by arbitrator Fredric Horowitz, who shortened a penalty originally set at 211 games last August by baseball Commissioner Bud Selig for violations of the sports drug agreement and labour contract. Horowitz, a 65-year-old making his second decision as baseballs independent arbitrator, trimmed the discipline to 162 games, plus all post-season games in 2014. "While this length of suspension may be unprecedented for a MLB player, so is the misconduct he committed," Horowitz wrote. Horowitz concluded Rodriguez used testosterone, human growth hormone and Insulin-like growth factor-1 in 2010, 2011 and 2012 in violation of baseballs Joint Drug Agreement. He relied on evidence provided by the founder of the now-closed Biogenesis of America anti-aging clinic in Florida. "Direct evidence of those violations was supplied by the testimony of Anthony Bosch and corroborated with excerpts from Boschs personal composition notebooks, BBMs (Blackberry messages) exchanged between Bosch and Rodriguez, and reasonable inferences drawn from the entire record of evidence," Horowitz wrote. "The testimony was direct, credible and squarely corroborated by excerpts from several of the hundreds of pages of his composition notebooks." While the original notebooks were stolen, Horowitz allowed copies into evidence. Rodriguezs suit accused the Major League Baseball Players Association of "bad faith," said its representation during the hearing was "perfunctory at best" and accused it of failing to attack a civil suit filed by MLB in Florida state court as part of its Biogenesis investigation. His lawyers criticized Michael Weiner, the union head who died from a brain tumour in November, for saying last summer he recommended Rodriguez settle for a lesser penalty if MLB were to offer an acceptable length. "His claim is completely without merit, and we will aggressively defend ourselves and our members from these baseless charges," new union head Tony Clark said in a statement. "The players association has vigorously defended Mr. Rodriguezs rights throughout the Biogenesis investigation, and indeed throughout his career. Mr. Rodriguezs allegation that the association has failed to fairly represent him is outrageous, and his gratuitous attacks on our former executive director, Michael Weiner, are inexcusable." The suit also claimed MLB engaged in "ethically challenged behaviour" and was the source of media leaks in violation of baseballs confidentiality rules. Rodriguezs lawyers said Horowitz acted "with evident partiality" and "refused to entertain evidence that was pertinent and material." They faulted Horowitz for denying Rodriguezs request to have a different arbitrator hear the case, for not ordering Selig to testify and for allowing Bosch to claim Fifth Amendment rights against self-incrimination in refusing to answer questions during cross-examination. They also said Horowitz let the league introduce "unauthenticated documents and hearsay evidence ... obtained by theft, coercion or payment," wouldnt allow them to examine Blackberry devices introduced by MLB and was fearful he would be fired if he didnt side with management. Rodriguez asked the court to throw out Horowitzs decision and find the league violated its agreements with the union and that the union breached its duty to represent him. The case was assigned to U.S. District Judge Edgardo Ramos. Supreme Court decisions have set narrow grounds for judges to vacate arbitration decisions, instances such as corruption or not following the rules agreed to by the parties. The three-time AL MVP admitted five years ago he used performance-enhancing substances while with Texas from 2001-03, but the third baseman has denied using them since. MLBs Biogenesis investigation was sparked after the publication of documents last January by Miami New Times. Bosch agreed in June to co-operate with MLB and testified during the hearing, which ran from September until November. Rodriguezs lawyers attacked his credibility because of that deal, which included reimbursement by MLB for costs of lawyers, up to $2,400 daily for security, insulation from civil suits and a promise to tell law enforcement he was co-operative. "The benefits accorded to Bosch under that arrangement did not involve inducements that the panel considers to be improper," wrote Horowitz, who chaired a three-man panel that included MLB Chief Operating Officer Rob Manfred and union General Counsel David Prouty. Horowitz cited the credibility of Boschs "unrebutted testimony -- testimony which was corroborated by substantial documentary evidence," and he described how Bosch and Rodriguez communicated in code, referring to banned substances as "food." "Once when Bosch sent a message telling Rodriguez that he was going to pick up Rodriguezs meds, Rodriguez replied Not meds dude. Food," the arbitrator wrote. Rodriguez did not testify in the grievance, walking out after Horowitz refused to order Selig to testify. At a brief hearing Monday, MLB said it would not discipline Rodriguez for including the decision in his lawsuit. U.S. District Judge William H. Pauley III brushed aside concerns from the union about confidentiality concerns. "Given the intense public interest in this matter and Commissioner Seligs disclosures last night on 60 Minutes, its difficult to imagine that any portion of this proceeding should be under seal," Pauley said. The arbitrator noted Bosch and Rodriguez exchanged 556 text messages and had 53 telephone calls in 2012. He said all records of text messages were produced by Bosch, while lawyers for Rodriguez said the Blackberry he used to communicate with Bosch was deactivated last March and Rodriguez no longer had it. The arbitrator said Rodriguez instructed Bosch in one message to "erase all these messages." Horowitz recounted how Rodriguez was introduced to Bosch after a Yankees game in Tampa, Fla., in July 2010 by A-Rods cousin, Yuri Sucart, who knew Bosch through Jorge "Oggi" Velazquez. Horowitz wrote MLB was justified in citing violations of the collective bargaining agreement because Rodriguez "played an active role in inducing Bosch to issue his own public denial on Jan. 29" and "attempted to induce Bosch to sign a sworn statement on May 31" saying he never supplied the player. In determining the length of the penalty, Horowitz cited a 2008 decision in a grievance involving Neifi Perez in which arbitrator Shyam Das ruled "separate uses are subject to separate disciplines." He said under the discipline system for positive tests, Rodriguez would be subject to at least 150 games for three violations of 50 games. Still, Horowitz thought Seligs initial penalty was too severe. "A suspension of one season satisfies the structures of just cause as commensurate with the severity of his violations," he wrote. Rodriguezs lawyers claimed at worst the case should involve one first violation with a penalty of 50 games, and they said including the 2014 post-season was beyond the scope of Seligs original discipline. Horowitz rejected Rodriguezs argument that the lack of a positive test was proof of innocence. "It is recognized Rodriguez passed 11 drug tests administered by MLB from 2010 through 2012. The assertion that Rodriguez would have failed those tests had he consumed those PES as alleged is not persuasive. As advanced as MLBs program has become, no drug-testing program will catch every player," Horowitz wrote. In Seligs notice of discipline to Rodriguez on Aug. 5, he said MLB actively is investigating allegations he received banned substances in 2009 from Dr. Anthony Galea, who pleaded guilty in 2011 to a federal charge of bringing unapproved drugs into the United States from Canada. Seahawks Richard Sherman Camo Jersey . The spectacular Oct. 6 goal at B.C. Place saw Camilo launch himself into the air to get a boot to Young-Pyo Lees cross before hammering it home. The 78th-minute goal, Camilos second of the night, beat Donovan Ricketts, recently named MLS goalie of the year, and tied the game at 2-2. Seahawks Russell Wilson White Jersey . You can watch it live on TSN, TSN.ca and TSN GO at at 2pm et/11am pt. The news conference is a clear sign NBA Commissioner Adam Silver - in the first real crisis of his short tenure - is both following through on his plan to move quickly on this matter and adhering to a request from the players union for some sort of resolution in short order.This week had a major upside to it. A phone call interview with Chael Sonnen. You can hear it as part of our podcast for TSN 1290s The Weigh In. Before the interview we talked about this project, encouraging fight fans to try aspects of the training. We talked briefly about his hilarious commercials for Nexersys (more on that later) and getting people fit. During the podcast interview we talked his picks for UFC Fight Night, and about his ability to always be ready for any fight any time. His answer was simple. It goes back to his wrestling days, and you never know whos going to be your opponent. You simply have to be ready and be your best. Chael isnt as big on strength training, and in fact sees it the same as some of the "old school" guys do. Its more to break up training than to add to it. Its a mental break, something new. It got me thinking about my week of training. I spend a lot of my time doing the work I have my pros do in the strength room. I also make time for kickboxing. Unfortunately, finding time to get to a jujitsu or wrestling class never matches my schedule, but I can always hit a heavy bag.  Which led me to take a look around the internet, my hope was to find a few things MMA fans could try that could match their schedule if they wanted to try striking. The fitness you need for 20-30 minutes of striking is actually incredible. It truly is one of the top cardiovascular workouts. If you want your body to lose fat, cardio burns it off. Especially if that cardio is done in intervals, and high intensity training (HIT). I checked out a brand new franchise to the market, its called 9 Round Fitness. Basically a new class starts every 30 minutes. You are involved in a circuit of 9 x 3 minute rounds of activity. So if you are a fan of MMA or Kickboxing, but are not quite ready to enter a full fight gym, this is the perfect start. Trust me when I say, fight gyms can be intimidating. Go at the wrong time and you can see blood on the mats, and sweat flying everywhere. Its not the best starting point for a lot of people. Something with the basics of kickboxing, and people there simply to get a workout and try the sport they love is perfect. If you dont want to leave your home, you need to try a Nexersys. Its a stand-alone piece of workout equipment. It comes with software to ensure yyou are progressing, learning and increasing your fitness. Seahawks Cortez Kennedy Authentic Jersey. The targets have accelerometers to insure your safety when striking. For a beginner in kickboxing its great, and it can advance you as you get better at your striking game. Again, anytime you can work in high intensity intervals into your training, its a great thing. I would love to see fight fans try something like this, just to get introduced to the sport they love. Building an understanding of what goes into training, builds more passion for the sport. It also builds sponsorship opportunities for athletes. Meaning, they get paid to train and the fans see more complete fighters.  My week was capped off by a meeting with my trainer; its time to buckle down. Im looking to be able to hit 205 by the end of this 10 weeks. Currently my weight is sitting at 221 pounds. That means its time to tighten up on diet. This is the worst part of training. Its also why fighters hire trainers. Im using Jeff Fisher at Elite Performance in Winnipeg; hes helped athletes in all sports cut weight to be their best. Im using a trainer because I would not do what it takes if it was up to me. You need someone to reinforce the necessity of being strict on the diet. If a pro misses weight, it ruins his reputation and costs him a portion of his winnings. So to test how I can do with training and cutting calories my diet this week has a lot more focus. No sugar at all, increasing my good fats, using select supplements to ensure my vitamins and minerals are up even though my calories are being cut. I will eat 5 times in a day, 3 meals and two smaller snacks.  Im also taking care to remove carbohydrates that have gluten, and extra dairy products. A lot of pro fighters are avoiding dairy as their fights approach. Dairy can in some people increase the production mucus, which affects breathing through the nose. Last week I started running with my SISU Mouth guard. Even though it has significant improvements in how well it fits, you still shouldnt be breathing with an open mouth. So dairy is reduced. Im on track, it feels good and I cant wait to hear from fans of the sport of MMA as they turn their health around, and develop some healthy habits thanks to their passion for MMA. Lots to learn and a lot of fun to be had while getting active. ' ' '



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