Tuesday, March 29, 2011

TNJ................ Let's Eliminate Some Horses.....Shall We?

Part One

I know you must be wondering if I'm ever going to get through all of this stuff in these admissions. However, this document is so important to the outcome of my case, to leave out important details would not give you a true picture of how this document carried the power it did. The only way you can see why it carried such power is by showing you how I used this format to further my goal.

Every horse in my herd got an admission. Most of my herd was never worked by BG and most did not ever go to his facility. It didn't matter if the horses had been to BG and WF's facility or not, I named them in the admissions. If they had been there, I defined what was done and who did it. I wanted each horse accounted for one way or the other. By the time I got through with this BG would not be able to add any horses from my herd to correct the error he had made on his accounting sheet or to mess up my expert testimony about work done by claiming he'd worked with different horses than we'd evaluated.

Towards this end I went through all the horses that had been to the facility even if they had never been touched by BG at all.

83.Dare has not been at the X Arabians facility since Nov of 2008.
83.Dare has not been at the X Arabians facility since Nov of 2008.
82.BG never worked the horse, Scandalous Dare (hereinafter Dare) during the terms of this contract or at any other time.
83.Dare has not been at the X Arabians facility since Nov of 2008.

Dare had been to the facility to be lunged a couple of times in Nov so I wanted to acknowledge that she had been there and still rule out that BG had done any kind of work with her or that the horse had been there after that time knowing I could prove BG had done no work with this mare. If he denied the admissions regarding this mare, I had more lies to add to my list for the court. If he didn't, I had one more horse off the list of horses potentially he could claim to fit into his numbers.

Of course, I wanted to address the issues of the conditioned horses too. For the horses that were being conditioned, I handled them in this manner.
84.Work with the horse, Secret Envy (hereinafter Rhet), was limited to lunging.
85.BG lunged Rhet on some days.
86.MiKael Caillier lunged Rhet on some days.
87.Rhet has not been to the X Arabians facility since April 2009.
88.MiKael Caillier has done all work of Rhet on her farm from that point forward.
Those horses were Rhet, Scarlet and Gypcy. There is an admission that states about the time Gypcy was added, Scarlet was dropped. It was important I get them to make some kind of statement of what was done with these horses. Either way, the groundwork was laid to dispute the way BG charged me training for these horse when only conditioning was done and there was always the expert who could explain to the court why yearlings were not being trained by BG.

Then at a later point in the admissions I addressed the credit BG had given me for Totally Klear and what BG's role with that horse was.
162.Per the accounting sheet provided as an exhibit by the Defendants, BG allotted $150 per month from the $300 training fee he was paid to MiKael Caillier for schooling the horse, Totally Klear (hereinafter TK)
163.Of the $300 training fee BG retained the balance of $150 for the conditioning of TK.
164.“Conditioning” of a horse in this situation is basically lunging.
165.Per the accounting sheet provided as an exhibit by the Defendants, BG charged MiKael Caillier $300 per month for lunging the horses, Rhet, Gypcy and Scarlet.

As BG had said in his email there were horses who were at the facility but only for a brief time. It was important to specify which horses those were and how many times each was worked so they could be either confirmed or denied by BG and WF. Either way would work for me, I just needed them to decided which. The only way I could pin them down was to have them either accept or deny these very specific statements.

Those horses included Lucy, Dancer and Suede. Lucy was there just to verify that she had indeed been started under saddle before I bought her. The admissions on this mare reflected that and the fact she was only at the facility for approximately 5 days. The other two horses, Dancer and Suede, were both started by BG but each of them was only there a few times as well.

106.BG started the horse, Scandalous Dancer (hereinafter Dancer).
107.BG worked with Dancer approximately 12 days.(although this is an error, Dancer was only worked about 5 days before a major wreck happened.)
108.Dancer is currently “not safe” to ride.
109. “Not safe” is defined as a horse that has been ridden but does not have enough experience to be considered reliable as to expectation of safety for the rider.
110. BG has not worked with Dancer since that time.
111. Dancer has not been to the X Arabians facility since approximately Nov of 2008.
112. The reason Dancer is “not safe” is totally due to lack of training time under saddle.

The admissions for Suede included the information that the last time the horse was worked, which was in Jan of 2010, BG would not ride the horse because it had been too long since the horse had been ridden. With so few rides for Suede, BG didn't feel safe and he didn't have a kid there he could put on the horse which is what he did to start this horse in the first place. Since the horse was first started in July of 2009 (which I did not include in the admissions but could prove), BG admitting to this information and the fact the horse was not broke enough for him to feel safe at later date would help me substantiate all the time in between when BG did not work my horses.

Once I had the non-regular horses out of the way, I addressed the three geldings that BG had started under saddle. Those horses are Louie, Percy and Tag. Louie was the one that got the most work because the goal had been to get him in the show ring so I've used the admissions relating to him to show how I handled these geldings.
128.The horse, Scandalous Image (hereinafter Louie) had some groundwork done with him before BG began working with the horse.
129.BG initiated the beginning of the under saddle work for Louie.
130.Once Louie was considered “safe, ” MiKael Caillier began participating in the working of the horse.
131.There were times over the course of the contract that both BG and MiKael Caillier worked Louie in the same schooling session.
132. Over the course of the contract there have been schooling sessions where MiKael Caillier has been the only party working Louie.
133. Louie was shown at an Arabian horse show in 2009.
134. In BG’s opinion Louie was “ready” to participate at the Regions 4 Championship pre-show in June of 2009.
Louie was the only horse that had any groundwork done with him before BG started him so the admissions with Percy and Tag don't have that one or those around the show. Other than this set of admissions for Louie pretty much mirrors what I did for Percy and Tag.

When I had gone through all of the horses that had been to BG's facility, I began listing all of my horses that had never been there. Each horse got an admission just like this stating it's registered name, barn name and the fact it had never been worked by BG.
135. BG has never worked the horse, Ballyhoohoo (hereinafter Lilly).

As you can see by these admissions particular to each horse, they define the status of each in relationship to BG as well as what I did with them. Doing this would close up those holes left by BG's use of just numbers of horses worked. Most of my herd was eliminated by name and many of the others were now defined also by name and the actual amount of time each had been to BG's facility. This would go a long way in bringing BG's numbers down to what was real.

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

With the Horses Gone.... What's Left??

This picture is Dandy on the day he was born. With those mile long legs of his he had a heck of a time figuring out how to stand up. Once he did, he did NOT want to lay down. He's napping with the wall holding him up.

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  1. My god what an adorable picture! You can see how hard he is trying to not lay down. LOL. Mom looks very proud.

  2. Very smart to list each horse, wether they had been there or not. Very smart way to disprove their numbers. Also the way you had your questions worded made them easy to understand and only a yes or no answer. Great way to avoid their stories.

  3. Wow, that was very smart of you to catch that--a huge loophole!

  4. You are explaining this all so well, and I am hugely impressed. Trying to look back at last year in my head and figure out who was worked or bred or wahatever ,Well suffice to say if I didn't have notes scribbled on my calender I would be SOL , but still I don't have the acuarrcy you have maintained.

  5. I love this methodical step by step process of closing the gap on what is true and what is false. It's nice to have that break down to make complete sense out of muddled nonsense by someone who thinks they can scramble fact and fiction and make their escape.

  6. Nicole, he was a cute baby no matter what he did. He's such an expressive horse and Scandalous was quite proud of him.

    Once he made up those numbers, I didn't trust him to do anything fair. From that point forward I was focused on making sure I didn't get caught by any of his lies because I wasn't prepared for them. I guess that made this task seem obvious to me. Thirty horses gave him a lot of wiggle room that he shouldn't have. Making the statements simple and concise was to avoid wiggle room too.

    Linda, huge loop hole is right. It had to be closed, not doubt in my mind.

    fern, I'll bet you'd be surprised what you'd remember if your life depended on it. That's how I felt and my memory didn't let me down.

    Some of it I did have referenced. Other parts were more obvious. Like it was easy to remember that Dancer only had five days on her because of the wreck that happened which I will post about one day. And Suede isn't safe to ride yet because he had so few rides to and they are spread out over months.

    Amy, it seemed like the only way that made sense to me. don't know if that's true or not but it worked for me and that's what counts.

  7. How cute is that little guy? And a pretty mama too.

    I can't imagine how much paperwork you must have had while this was going on. You must have had file boxes of this. Seems it would take the court days to get through it. I think it's a good thing how clear and concise you made it all. There was no way they could take this guy's word for it, once they see all this.

  8. Wait, did I miss something? What happened with Dancer?

  9. I dont know how you can remember everything for 30 horses! I have a hard time remebering my 10 and some dont even have everything to remeber. I guess after doing it a while it gets a little easier I hope.

    Thats adoarble pic of Dandy, he looks so tired.

  10. Arlene, I did have the paperwork from this taking over my house, or so it seemed anyhow. It's my understanding that cases with this much content require a bried. I think that's the part the court looks at, not these peices in all their boring glory.

    smazourek, nope, you didn't miss anything. I haven't posted about Dancer's wreck yet. At the end of this I will tell about the horses and their trials but to be fair what happened with Dancer was an accident.

    Crystal, who said I remember everything for thirty horses. LOL I have to keep records to keep track of stuff. But when it comes to their training, I do know what's been done with each and what needs to be done and then because I was the one transporting horses to BG's to be worked it was easy to remember which ones went and didn't and which ones got worked with the most. Also, I keep track of their status in that department on my business plan. That helps, although I don't always meet the goals of that plan but then dealing with people like BG would explain why goals don't get met.

    Dandy was exhausted. When I took that pic I could see him swaying trying to maintain his balance. It was so sweet. Just thinking about it makes me want to go out and hug him. LOL

  11. What a CUTE baby shot. The story behind it makes it that much better.

    It's funny how some people can remember anything and everythng pertaining to each horse and others can't keep track of anything past the end of their nose. I bet the opposing side was quite sure, beyond a doubt you were one of the later group.

    Good idea to name and list every single horse and what was done (or wasn't) with each. Leaves no room for doubt for the courts.

  12. CNJ, even without the story you have to marvel at the fact a newborn can actually do that. It still amazes me when I see a full grown horse do it. LOL

    I knew if he denied any of these, I could easily prove otherwise because most of these horses have never left my property.