Thursday, March 31, 2011

TNJ....... Getting Down to the Nitty Gritty of Stuff....

Part One

I wanted to be sure these admissions worked for me. That meant I didn't just want to expose BG and WF with them. There were other functions that were equally as important. I wanted to spell out any kind of details that might have bearing on the case.

In addition these admissions were a good way to begin to build the foundations required to present documents I had received from them. If you think about trials you have seen on TV sometimes evidence is disputed based on "no foundation."

In this instance a foundation is a series of steps building up to the actual presentation of the evidence. How this is done might be different for different types of evidence so there is no "pat" answer for what a foundation is. Mentioning documents, like I was doing in the admissions, would be considered introducing the information the evidence exists which is an acceptable step in building a foundation.

In some instances I didn't need to get into the detail on those documents in the admissions. I only needed a confirmation the documents existed to be laying my groundwork.
199.BG used emails to notify MiKael Caillier he would not be working horses.
I used admissions just like the one above to reflect all means of communication of cancelled work days including phone calls, text messages and the fact sometimes he didn't tell me he wasn't going to work horses. I showed up only to find BG was gone.

It was important that I establish that WF worked a job away from the facility and when she was gone to that job. This would affect what it would be appropriate for WF to testify to as truth. If she hadn't been there, all she had to go on was what BG told her which would be hearsay. It was also important to show the court her attitude about their obligation to me. The following admissions were designed to deal with these things.
203.WF works a job away from the X Arabians facility.
204.WF’s work schedule is normally Monday through Friday.
205.Sometimes WF works on Saturdays.
206.WF normally is gone to her job when MiKael Caillier arrives with horses to be worked.
207.WF normally expects BG to be finished working horses when she arrives home from work.
208.WF usually arrives home from work around 5 p.m.
209.WF usually does not come to the barn when she returns home from work.
210.Most of the work done with MiKael Caillier’s horses is done when WF is not on the premises.
211.Most days WF is not present during any of the time BG works MiKael Caillier’s horses at the X Arabians facility.
212.On many occasions WF had BG do errands for her instead of working horses for MiKael Caillier.
213.WF told MiKael Caillier that if BG even touches a horse it counts.
214.That statement means to WF that BG gets paid full price even if he doesn’t do all the work.
215.The charges for horses worked on BG’s accounting exhibit reflect that belief.

It was important to establish that BG accomplished other things on the days he worked my horses. Anyone who knows horses knows he couldn't be doing everything he said he did for me and still train other horses, give lessons or run errands.
216.On days that BG worked horses for MiKael Caillier, he also worked horses for other clients.
217.On days that BG worked horses for MiKael Caillier, he sometimes gave lessons to other clients.
218.On days that BG did not work horses for MiKael Caillier, he sometimes worked horses for other clients.
219.On days that BG did not work horses for MiKael Caillier, he sometimes gave lessons to other clients.

Then there were those days where work was affected because of horse shows. BG had a particular pattern around horse shows that affected our work schedule too.
220.BG did not work horses for MiKael Caillier during horse shows.
221.Packing for the horse show is done the day before a transport day so BG did not work horses for MiKael Caillier.
222.Transport to the horse show happens the day before the horse show so no horses are worked for MiKael Caillier on that day.
223.Unpacking after the horse show is done the Tuesday after the show so BG did not work horses for MiKael Caillier.

Sometimes I broke up the points I was trying to prove so they were not so obvious. The following statements again show WF's attitude about the work BG was supposed to be doing for me.
224.Sometimes WF directed BG to be finished working horses by noon on Saturdays.
225.To accomplish this the number of MiKael Caillier’s horses that were worked by BG was decreased.

There were lots of issues surrounding horse shows that needed to be addressed: training charges on horses at home, training charges at the horse shows and damage to a horse trailer. To deal with this I wanted it on the record what I did in those situations as well as what BG did or didn't do. It was also important to establish how many of my horses were there and what was done with each. The following admissions are examples of the things I covered about horse shows.
231.At this show (AHACO) BG told Doug Stewart that Louie had a little over sixty days under saddle.
235.MiKael Caillier took only two horses, Louie and Legs, to the Region 4 Championships in Salem in 2009. (this is an error on my part, I took Rhet to this show too.)
236.BG provided no service to MiKael Caillier with Legs at this horse show.
237.MiKael Caillier provided all grooming, feeding and care for Legs at this horse show.
238.MiKael Caillier provided much of the grooming and all of the feeding and care for Louie at this horse show.
239.CG(the kid who showed Louie) bathed Louie the day before Louie’s class.
240.Before his class Louie was show groomed including braiding by MiKael Caillier and three of the kids who are clients of BG.
241.At this show BG again talked to Doug Stewart about Louie. This time they talked about the fact the horse had only about ninety day under saddle.
242.BG helped clean Louie’s hooves before the class.
243.BG gave lessons to his youth rider(CG) on Louie at this show.
244.The lessons to CG and the hoof cleaning are the only services that BG did for MiKael Caillier’s horses at this show.

It was important to deal with the issue of Dandy on these admissions. I needed more specific information about the horse's use at horse shows, his care and his transport. I also needed to establish that Louie had been in their trailer in place of Dandy.
245.BG’s two clients took Dandy to the Region 4 Championships Show in 2009.
246.MD was responsible for Dandy’s transport to the show since her daughter was showing the horse.
247.X Arabians did not want to haul Dandy to the Region 4 Championships.
248.Louie filled Dandy’s spot in the X Arabians trailer and Dandy filled Louie’s spot in MiKael Caillier’s trailer.
249.MD paid for that transport because it was essentially Dandy’s ride.
250.There was damage to the X Arabian trailer that was blamed on Louie.
251.MD, even though the client, for the trip was not asked by X Arabians to pay for this damage.
252.This damage happened in June of 2009.
253.In January of 2010, X Arabians claimed this damage on the accounting sheet provided by BG that has been introduced as an exhibit in this case.
254.To date X Arabians has still not approached MD about this charge.

I methodically went through each horse show where I had been stabled with these people looking for their perspective so I could deal with their claims. I was prepared for as little as it took or as much as it took. I just needed to know what that was.

To be continued.............................

No Stone Unturned.........

The foal in this picture is Image. I suppose you could say that Image was star crossed right from the start but OH how this colt had my heart.

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  1. I love how you attacked each item from so many different directions. Great idea!

  2. Adorable baby picture again. I was so saddened when I read about Image. I definitely understand feeling differently about the one who "did it". I haven't lost a horse that way but one of my dogs and the one who was to "blame" I was never as close to after that.

  3. Very thorough and impressive. Good for you.

  4. Nicole, I wanted to get them pinned down as much as possible. This was the way I figured I could get that done. Looking at them today, I see more ways I could have gone.LOL

    I don't know that anyone "did it" but our feelings do not always make sense. That's for sure.

    Carol, thanks, it was a lot of work but it paid off.

  5. I said it before, but it rings true , "the devil is in the Details" I bet that is a pretty scalding statement to WF and BG now

  6. Just read about Image, drying tears as we speak. I went through a something kind of similar with the only foal from my sweet mare Catana. the difference is we never did get the legs straight , and had to let her go.I can only imagine the hearbreak having succeeded in fixing the leg s only to lose him to such a tradgedy.

  7. fern, I think I've used that saying myself a few times in the process of this thing. The details are indeed what brought Storm home.

    I read about your filly. That really sucks and so did what happened to my Image. I can understand you thinking you didn't want to do it anymore. Had I not had mares already bred, I would have been done. It's one of those heartaches that has never healed.

  8. You've pretty much got everything covered from what I can see. Their dishonesty seems to be boxing them into a corner. I'm waiting to see what they come up with in court to prove their accounting after you have all the facts in black and white.

    What a tragic story about your foal. So sad.

  9. Wow, that woman comes off as incredibly controlling. How can he run a business around her work schedule like that? Especially a business centered around animals that need 24/7 care?

  10. Holy Cow!! The details you thought of--whew!! You're approaching 300 facts now!! I can't imagine there was any wiggle room after all these were established.

    Love the sweet picture. You have a lot of history with your horses.

  11. Sometimes breaking things up discounts the obvious to the opposition. I'm glad for you that they didn't have the common sense to see that.

    I can only imagine how consuming all of this was.

  12. I went back and read about Image and then the subsequent foal crop. I was smitten with Chance and would love to know more about him, but couldn't find a way to search for more info?

  13. Holy cow... I just read the story about Image. When I lost my TB mare a little over a year ago, it was a break too, just a little higher up and likely from the black mare. The COB that I clipped and she flipped over? Yeah, her.

    I seen her kick my mare, but nothing came of it until a week later when it all fell apart in a big way. The vet said she probably had some amount of osteoporosis, given her age (19-20) and other surrounding factors. There was nothing could be done but to let her go.

    It sucks, but for your colt to have been so young and full of promise- makes it a harder, more bitter pill to swallow. Hugs my friend. I know, not a day goes by that they don't cross our thoughts.

  14. Arlene, it is just about all covered. One more section of these admissions and that will be it. Then we'll be able to move on to the next step in the lawsuit.

    What happened to Image was heartbreaking. We were so bonded it was amazing. To lose that....

    smazourek, yes, controlling would be correct but very subtle in how she pulls it off. He definitely does what she wants regardless of how he feels. And you're right, it's not much of a way to run a business or honor the terms of a contract. How anyone who says they loves horses could thing her requests were reasonable is beyond me.

    Linda, I did get near 300. As I've worked with these again, I actually have realized there should have been more.

    I do have lots of history with my horses. Most of them were born here on my farm. There slates were about as clean as slates can get. Any mistakes made with those horses were made by me except for those horses that were gone from here for a while and then returned.

    CNJ, I hoped that breaking it up would make them less threatening.

    Consuming is the perfect word for what this was. My life revolved around it for many months.

    Holly, I don't think there is much more specifically written about Chance except for the story of Young Woman Unfortunately, he is the horse that was purchased by her client. Most of what I know of his story is posted there. I have not posted about my experience with him when I started him under saddle. I should put it on my list of stories to tell. He is such a sweet horse and very talented.

    CMJ, Thanks for the hugs. I will always second guess my decision even though the vets thought there was nothing that could be done. He was about 4 months old. It just never occurred to me such a thing might happen and I will always wonder what he might have been. That promise unfulfilled is overwhelming. My heart will always break for him. The passing of Solidare reopened the wound in a big way along with that of Scandalous' loss. My three very special heart're so right, a day doesn't pass without thinking about any of them.

  15. I went back and googled him and saw a video clip of him. All I will say is I feel sorry for him, and I just want to kiss that white nose.

  16. Holly, oh no, I hadn't seen that video until now. It breaks my heart. All I can say is he is away from there now and I believe with a dressage trainer somewhere. Hopefully that trainer knows how to fix the damage that was done to him and Chance is no longer being treated that way. Watching what happened to both Chase and Chance with her has really tested my resolve to breed horses. I just cannot bear seeing horses I've put my heart and soul into being treated that way.

    I will tell you that when Chance was here he was very much into being kisssed on the nose.