Earlier we reported about the supsension of Brigit Colvin's Inclusive's positive GABA test. On Sept. 25 Judge Debra A. James dismissed Brigid Colvin's petition to reverse her U.S.E.F. suspension. After the hearing Colvin's lawyers filed an immediate appeal. In response to the appeal, Judge James then issued another stay of the suspension on Sept. 25 pending judgment on Colvin’s second appeal. In Colvin’s application for the stay, her lawyers cite that “without a stay, the Petitioner [Colvin] will suffer irreparable harm because she will miss her teenage daughter competing in one-time competitions that she will never again witness, even if relief is eventually granted.” In her decision filed on Sept. 25 in the Supreme Court of New York-New York County, Judge James ruled to uphold the USEF suspension. “Although this court agrees with the petitioner that it would be completely irrational for her to participate in illegally medicating Inclusive and then tell the drug tester that her name be inserted as ‘Trainer,’ her lapse in judgment under the circumstances does not refute substantial evidence that she undertook the responsibility of the Trainer.” A briefing on a full stay—which would apply until the appeal is granted—is scheduled for mid-October.
Earlier we reported about the supsension of Brigit Colvin's Inclusive's positive GABA test. On Sept. 25 Judge Debra A. James dismissed Brigid Colvin's petition to reverse her U.S.E.F. suspension. After the hearing Colvin's lawyers filed an immediate appeal. In response to the appeal, Judge James then issued another stay of the suspension on Sept. 25 pending judgment on Colvin’s second appeal. In Colvin’s application for the stay, her lawyers cite that “without a stay, the Petitioner [Colvin] will suffer irreparable harm because she will miss her teenage daughter competing in one-time competitions that she will never again witness, even if relief is eventually granted.” In her decision filed on Sept. 25 in the Supreme Court of New York-New York County, Judge James ruled to uphold the USEF suspension. “Although this court agrees with the petitioner that it would be completely irrational for her to participate in illegally medicating Inclusive and then tell the drug tester that her name be inserted as ‘Trainer,’ her lapse in judgment under the circumstances does not refute substantial evidence that she undertook the responsibility of the Trainer.” A briefing on a full stay—which would apply until the appeal is granted—is scheduled for mid-October.