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☛ Would the real Dos Cats Partners Please Stand Up 5-2-18

Posted by on May 1, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 1 comment

☛ Would the real Dos Cats Partners Please Stand Up 5-2-18

WOULD THE REAL “DOS CATS PARTNERS” PLEASE STAND UP!

 

THE TALE OF TWO “DOS CATS PARTNERS” WITH BOTH ENDING IN LAWSUITS

 

 

By Glory Ann Kurtz and Rick Dennis, Contributing Risk Analyst
May 2, 2018

 

Just when we all thought the final hand had been played in the Dufurrena – Vogel lawsuits, the plot thickens. On Feb. 18, 2018, after close to eight years of disagreements and lawsuits and only weeks after a private settlement was agreed on by the Plaintiffs, Donald Eugene Vogel, Janie Vogel and Jandon Ltd., Saint Jo, Texas, and Defendants Rieta, Brandon and Edward Dufurrena, Gainesville, Texas, were still in a dispute over the ownership of three horses: Stevie Rey Von, Auspicious Cat and Creyzy Train, as well as Ozzum Man and Whata Sneaky Cat.

 

According to court documents (No. 1) in the District Court of Montague County, Texas, 97thJudicial District Court, Exhibit A: “all issues were settled between the Vogels and the Dufurrenas who were parties to the lawsuit. The Vogels, Ed Dufurrena, Shona Dufurrena and Brandon Dufurrena entered into a settlement agreement, Plaintiff Rieta Dufurrena did not participate in the lawsuit or the release.

 

The “Full and Final Release (Exhibit A of No. 1) stated that Donald Eugene Vogel, Janie S. Vogel and Jandon, Ltd., paid the sum of $1,150,000 to Ed Dufurrena and Shona Dufurrena, who tendered a bill of sale to the horses Stevie Rey Von, Auspicious Cat and Creyzy Train.

 

The court document stated that each party agreed to and does release and discharge each other party from any and all claims, actions, causes of action, demands, complaints, allegations, obligations, losses, detriments, counter claims, gross claims, third-party claims, subrogation claims, defenses, rights, damages, costs, penalties, fines, expenses, attorneys’ fees, compensation and relief of any kind whatsoever, whether known or unknown, whether fixed or contingent, whether liquidated, whether legal or equitable, and whether administrative, statutory or common law and whether under federal, state or municipal law, law of a foreign country or any other type of law, which any of the Parties now have or which may hereafter accrue on account of or in any way growing out of or resulting from the Pending Litigation, save and except the obligations and rights arising under this Agreement and the document signed by the parties on Jan. 24, 2018 and Feb. 7, 2018. The parties expressly agreed that the intent of each of the parties is to release all claims one against another regarding the litigation pending between them.

CASE OVER!!! THINK AGAIN!!!

 

1-Original PetititonDufurrena v Vogels 4:13:18

 

HISTORY OF THE OVERUSED DOS CATS PARTNERS PARTNERSHIP NAME:

 

FIRST DOS CATS PARTNER LAWSUIT:

 Federal Court filings in the Eastern District of Texas, Sherman Division lists a lawsuit entitled Shawn, and Lisa Victoria Minshall, and Lauren Victoria Minshall versus Ed Dufurrena, Ed Dufurrena Cutting Horses LLC, Anthony and Dufurrena, INC., Hartman Equine Reproduction Center (HERC), and DOS CATS PARTNERS dated October 30, 2015.

 

The filed public court records allege the Plaintiffs suffered specific damages arising from the material fact that the Plaintiffs bred their mare to Auspicious Cat, a stallion owned by the Defendants, and the produced foal owned by the Plaintiffs suffers from HERDA.  The court filings continue to state the Defendants specifically misrepresented the HERDA designation on Auspicious Cat both verbally and in an advertisement prior to the breeding, stating the stallion was HERDA negative or was free of the HERDA GENE by the American Quarter Horse Association 5 panel genetic test designation: HERDA N/N.

 

Court records verifies the misrepresentation of material fact or “false and fraudulent advertisement,” with the inclusion of a copy of a web-page ad with Ed Dufurrena riding Auspicious Cat, noting he stood at Pinnacle Equine Veterinary services, with Chelsea Makloski – Colhorn with a $2,500.00 stud fee and marked HERDA N/N – meaning the stud didn’t have the HERDA gene.  However, court records indicate Auspicious Cat is HERDA POSITIVE (carries the HERDA gene and can pass it on to his offspring).

 

As a result of the filed Minshall’s lawsuit, court records also indicate an “Out-Of-Court” settlement was reached on April 26, 2016 by and between the Plaintiffs – Minshall’s, and Defendants EDWARD L DUFURRENA,EDWARD DUFURRENA CUTTING HORSES LLC, ANTHONY AND DUFURRENA, INC., DOS CATS PARTNERS, KAREN CLAYCOMB, TOM DONAHUE, LINDA DONAHUE, GARY CRAIGHEAD, BARBRA HANSELMAN, MICHAEL NOLAN, TRACY A. AGRALL, BUTCH REDISH, and BLAIR VISSAR. The Order Of Dismissal (WITHOUT PREJUDICE) was filed by the Plaintiff Attorney and signed by Federal District Court Honorable Judge Amos I. Mazzant, United States District Judge.

 

SECOND DOS CATS PARTNERS LAWSUIT:

 

DOS CATS PARTNERS – VOGEL AND DUFURRENA PARTNERSHIP SECOND LAWSUIT FILED AGAINST EDWARD L. DUFURRENA AND “DOS CATS PARTNERS”

The curious nature of the “Out-Of-Court” settlement without prejudice listed in the paragraph above, is that it doesn’t include Donald and Janie Vogel who entered into a separate contractual agreement with Edward L. Dufurrena on March 25, 2011 and/or four years prior to the Minshall’s litigation and is also entitled: “DOS CATS PARTNERS”, whereby the Vogel’s paid Dufurrena $105,000 for a 49 percent market ownership share in the partnership which included a 49 percent interest in horses and frozenembryos. Dufurrena is listed as 51 percent owner in this “DOS CATS PARTNERS”and the Vogel’s are listed as 49 percent interest investment partners, except the Miss Hickory Wheel X Auspicious Cat embryo which they are listed as 100 percent.  The listed horses and embryos on the hand-written Dufurrena “DOS CATS PARTNERS” 2011 contract are:

 

Auspicious Cat, Ozzum Man, Ozzum Cat, Whata Sneaky Cat, and three embryos designated as:

  1. Miss Ella Rey x Auspicious Cat – a 2011 embryo,
  2. Miss Ella Rey x Metalicat – a 2011 embryo (Stevie Rey Von), and
  3. Miss Hickory Wheel x Auspicious Cat – 2011 embryo

 

Dufurrena-Vogel agreement 3-25-11

 

For the record, and according to the hand-written contract between Edward L. Dufurrena and Donald and Janie Vogel AUSPICIOUS CAT was included in the 49 percent investment in “DOS CATS PARTNERS,”legally making the Vogel’s 49 percent “vested interest partners” in this horse who is the “SUBJECT” of the Minshall’s lawsuit. However, according to AQHA records, AUSPICIOUS CAT was recorded into the “DOS CATS PARTNERS” in 2006, or four years prior to the Vogel’s and Dufurrena partnership. Also, AQHA records indicate AUSPICIOUS CAT was purchased by “DOS CATS PARTNERS” on 12/30/2006 with the date of transfer being finalized by the AQHA on 01/16/2008.

3-Auspicous Cat owners 4-30-18

 

One would think, all of the horses included in the Vogel/Dufurrena “DOS CATS PARTNERS” executed in 2011 agreement, as well as any resulting foals from the embryos listed in the agreement, would’ve been transferred into the pre-existing “DOS CATS PARTNERS” on file with the AQHA which included AUSPICIOUS CAT, to make everything tidy and legally binding in lieu of the executed agreement between Vogel and Dufurrena orchestrated on March 25, 2011 along with the issuance of a $105,000.00 check to Dufurrena by the Vogel’s, which effectively makes it a binding and fully enforceable contract with performance clauses.

 

Therefore, how in the world could the Vogel’s as 49 percent “vested -interest partners” in the 2011 Vogel/Dufurrena “DOS CATS PARTNERS,”including AUSPICIOUS CAT – a subject of the Minshall’s lawsuit, be excluded from the Minshall’s  2015 lawsuit, as well as the 2016 “out-of-court” settlement between the “DOS CATS PARTNERS,”Dufurrena, and the Minshall’s?  The court settlement document specifically lists the current members as defendants. However, the Vogel’s are absent from court-settlement records.  Perhaps: coincidence, oversight by the Plaintiff attorney, intentional error, or intentional non-disclosure.  Another theory is no one was ever informed of the separate existing partnership by and between Edward L Dufurrena and Donald and Janie Vogel entitled “DOS CATS PARTNERS.”It’s a mystery !

 

One specific validation vehicle of use to verify whether or not the Vogel’s were ever included in the “DOS CATS PARTNERS”on file with the AQHA as 49 percent “vested interest partners,” in lieu of their $105,000.00 monetary investment would be to use the newly filed lawsuit against the Vogel’s, by Dufurrena, to issue a subpoena duces tecum to the American Quarter Horse Association including a production of documents request to ascertain:

 

  1. Any and/or all horses listed in the partnership – from inception, and
  2. The names of any and/or all members included as partnership since its organization along with membership date of entry as well as the partnership organizer(s), and
  3. The percentage of legal investment interest each member holds in the partnership by each ones specific monetary investment amount and what horses or embryos are included in respect to the investment fee

 

A cross section analysis of the three lawsuits in question, the two apparent separate and referred to “DOS CAT PARTNERS,”in two separate lawsuits, as well as the hand-written 2011 contract between the Vogel’s and Dufurrena indicate the 2011 embryo by Metallic Cat and out of Miss Ella Rey – later was born, and is alleged by court documents to be Stevie Rey Von, the NCHA Futurity Champion.

 

The curious nature of the researched AQHA ownership records indicates this horse was never placed in the “DOS CATS PARTNERS” name even though the Vogel’s owned a 49 percent share of a Metallic Cat X Miss Ella Rey embryo as indicated in the 2011 hand-written contract by and between Donald and Janie Vogel and Ed Dufurrena, also known as “DOS CATS PARTNERS,” as well as the later lawsuit instituted by the Vogel’s against Dufurrena and the“DOS CATS PARTNERS.”

 

This matter intensifies when AQHA horse registration records indicate Stevie Rey Von was placed in the name of Ed Dufurrena’s son: Brandon Dufurrena, instead of the “DOS CAT PARTNERS” on his birth date of 01/02/2012.

 

The horse registration records become more complicated when the horse is transferred from Brandon Dufurrena to Edward L. Dufurrena on 12/01/2015 right in the middle of the NCHA Futurity.

4-Stevie Rey Von – ownership 2018, AQHA.

 

THE SETTLEMENT:

 

However, pursuant to a filed lawsuit by the Vogel’s and a return lawsuit by Dufurrena, a settlement agreement was reached between Vogel and Dufurrena on January 28, 2018.  The agreement provides as follows with Exhibit C further complicating matters:

 

  1. EXHIBIT A: Donald Eugene Vogel, Janie S. Vogel and Jandon, Ltd., having paid the sum of $1,150,000 to Ed Dufurrena and Shona Dufurrena who have tendered a bill of sale to the horses Stevie Rey Von, Auspicious Cat and Creyzy Train, hereby enter into this release agreement. Each Party hereto agrees to and does release and discharge each other party.

 

  1. EXHIBIT B: Bill of Sale. For the sum of One Million One Hundred and Fifty Thousand Dollars ($1,150,000) “Consideration” Edward L. Dufurrena, an individual, Brandon Dufurrena, an individual, and Edward L. Dufurrena, doing business as “DOS CATS PARTNERS” (collectively, “Sellers”), hereby agree to sell to Jandon, Ltd. (“Buyer”) all of Sellers’ right, title and interest, free and clear of all encumbrances, in and to the following horses:
  2. Stevie Rey Von, AQHA No. 5557563;
  3. Creyzy Train, AQHA No. 5655857, and
  4. Auspicious Cat, AQHA No. 4639993

 

Sellers acknowledge this sale includes rights to frozen semen of Stevie Rey Von and Auspicious Cat as provided in the Memorandum of Settlement dated January 24, 2018.

 

  1. EXHIBIT C: STATEMENT REGARDING HORSE OWNERSHIP HISTORY. A dispute arose among Donald Eugene Vogel, Janie S. Vogel and Jandon, Ltd, on one hand, and Edward L. Dufurrena, Shona Dufurrena, and Brandon Dufurrena, on the other hand, regarding the ownership of the horses listed below.  Donald Eugene Vogel, Janie S. Vogel, and Jandon, Ltd., acknowledge and confirm and do not dispute the AQHA records of ownership of the following horses as set forth below:

 

  1. Stevie Rey Von,
  2. Auspicious Cat,
  3. Creyzy Train,
  4. Ozzum Man,
  5. Whata Sneaky Cat.

 

As of November 12, 2012, Edward L. Dufurrena and Shona Dufurrena acquired all rights to such horses. This agreement was signed 02/7/2018 as part of the Dufurrena/Vogel settlement. Since then, the Vogels, who obtained Stevie Rey Von in the settlement, have sold him to Alvin and Becky Fults, Amarillo, Texas for $2 million. The stallion was ridden by Beau Galyean for a win at the most recent NCHA Open Super Stakes with a record score.

 

See article in link No. 1

 

This is one of the most incredulous series of lawsuits I have ever covered. It has all the makings of a Hollywood movie. However, this is a real life series of events rather than a fictional hypothesis scribed by a Hollywood writer!

 

The attached chart with important dates puts this story in perspective for the reader.

5-Chart of history of DOS CATS PARTNERS Lawsuits

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☛ Secretary-Treasurer of Idaho Cutting Horse Ass’n found guilty of felony

Posted by on Apr 15, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ORGANIZATIONS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, WHO, WHAT & WHERE | 2 comments

SECRETARY-TREASURER OF IDAHO CUTTING HORSE ASSOCIATION FOUND GUILTY OF A FELONY.

 

DOLLY MARIE MARTIN ORDERED TO 6 YEARS OF SUPERVISED PROBATION AND TO REPAY ASSOCIATION $29,745.80

 

By Glory Ann Kurtz
April 16, 2018

On April 9, 2018, Dolly Marie Martin, Bellevue, Idaho, the wife of NCHA Hall of Fame Rider Scott Martin, was found guilty of a felony and received a suspended sentence and was ordered to serve Supervised Probation, as well as repaying the Idaho Cutting Horse Association $29,745.80 that she stole from the association while she was Secretary-Treasurer.

 

According to an unnamed source, she was Secretary-Treasurer of the association for only 15 months. The association has two shows a year: a Limited Age Event and a weekend show in the spring and a Limited Age Event and Mercuria cutting in the fall.

 

“She had stolen the money “pretty quick,” said the unnamed source; however, it took almost two years to get her through the judicial system.”

 

Represented by her lawyer, Doug Nelson,Esq, of the Roark Law Firm, LLP, Hailey, Idaho, Dolly entered a plea of guilty of Grand Theft, a felony, on Jan. 12, 2018. She agreed to pay court costs of $245.50 and a fine of $5,000 (that was suspended). She agreed to pay all costs, fees and fines ordered by the court and was sentenced to a minimum period of confinement of 3 years, followed by an indeterminate period of custody for 5 years, with the total sentence not to exceed eight years. (The execution of the prison portion of the sentence was also suspended, although the costs and fine portion were not suspended.)

 

She was then placed on supervised probation for a period of 6 years, beginning April 9, 2018 under the control of the Idaho State Board of Correction, subject to abiding by the General Conditions of Probation.

 

She would be allowed time to pay the fines and restitution, with all of them needing to be paid before the end of her probation. She was allowed to set up a payment plan with her probation officer.

 

She would also serve 180 days in the county jail as a term and condition of probation; however, she would be granted a work release if she otherwise qualifies under the Sheriff’s classification system.

 

She was also ordered to serve up to 60 days of discretionary time at the discretion of her assigned probation officer, as a sanction for violating a term or condition of probation, subject to the requirements of IC.R 33(e). In no event may discretionary time be imposed or served that exceeds three (3) consecutive days.

 

She is also ordered to prepare an apology letter for the victim (Idaho Cutting Horse Association). The letter shall include an explanation of her actions and the ramifications of such actions.

 

The court also ordered a Judgment of Restitution to be entered in the sum of $29,745.80. A separate written Order of Restitution shall also be entered. The amount is payable though the Clerk of the District Court to be disbursed to the victim in the amount of $29,745.80.

 

Martin has 42 days from the date stamped by the Clerk of Court (April 11, 2018) to appeal the judgment. The Court also advised her that if she is unable to pay the costs of an appeal, she can apply for leave to appeal in forma pauperis, meaning the right as an indigent to proceed without liability for court costs and fees and the right to be represented by a court-appointed attorney at no cost to the defendant.

 

Martin must turn herself into the custody of the Sheriff of Blaine County, Idaho, by 5 p.m. on April 16, 2018 for service of the County Jail time ordered herein as a term and condition of probation.

Martin Judgment

Judgment of Conviction Order of Probation

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☛ Dennie Dunn pleads guilty to a felony 3-6-18

Posted by on Mar 6, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, FROM THE EDITOR, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

DENTON (DENNIE) DUNN, FORMERLY HEAD OF THE NCHA GRIEVANCE COMMITTEE, PLEADS GUILTY TO A FELONY

By Glory Ann Kurtz
March 6, 2018

Denton (Dennie) Dunn, Salt Lake City, Utah and Peaster, Texas, a long-time member of the NCHA, who was previously an NCHA Director from Utah and head of the NCHA Grievance Committee, pleaded guilty to Attempted Communications Fraud, a 3rd degree felony, in a Salt Lake City, Utah, courtroom on Oct. 10, 2017.

Click for guilty plea>>

On July 15, 2015, Dunn had been charged with 10 felonies, including Communications Fraud (4), Theft (4), Attempted Communications Fraud and a Pattern of Unlawful Activity; however, after two years of court cases, he pleaded guilty to Attempted Communications Fraud, a 3rd degree felony.

Dunn originally was sentenced to “an indeterminate term of not to exceed five years in the Utah State Prison; however, the prison term was suspended and he was placed on probation for 12 months. The probation is to be supervised by “good behavior” probation. Any early termination of probation will require notification to the prosecutor. Dunn was placed on Court Probation, meaning he could violate no laws and must complete 80 hours of community service at the rate of 10 hours a month beginning on Jan. 1, 2018. A Restitution hearing was scheduled for Nov. 13, 2017.

 2-criminal sentence

However, the Restitution Hearing was held earlier, on Oct. 16, 2017, when the court ordered Dunn to restitution in the amount of $95,047, to be paid at the rate of $150 a month beginning on Jan. 1, 2018

 

THE FRAUD:

According to Salt Lake City court documents that are open to members of the public, commencing on or about March 3, 2014, Dunn and his wife Barbara devised a scheme or artifice to defraud Brad Hall And Associates or to obtain from them money, property or anything of value by means of false or fraudulent pretenses, representations, promises or material omissions. Dunn communicated directly or indirectly with him with the purpose of executing or concealing the schemer artifice, and the total value of the property, money or thing obtained or sought to be obtained by the scheme or artificer was more than $5,000 in violation of Utah law. This violation is a second-degree felony under Utah law.

The state requested bail of $50,000 for each defendant as they engaged in a clear pattern to defraud. They misrepresented the financial condition of Dunn Oil to Stan and Blake Parrish. They pushed the Parrishes to make a large financial contribution to a company that was struggling financially. They also deliberately ran up a large bill with Brad Hall And Associates, disregarding payment requirements put in place by Brad Hall because Dunn Oil already was indebted to Brad Hall for a substantial sum.

They did this in full knowledge they were going to declare bankruptcy (which they did – twice) and leave Brad Hall without recourse once their malfeasance was discovered. Their financial fraud cost Brad Hall in excess of $100,000.

Dunn’s next step was a meeting in court with the State of Utah Assistant Attorney General Brian Williams, on Oct. 10, 2017. Dunn’s wife, Barbara, was no longer included in the case, which had been reduced to a single charge: Attempted Communications Fraud, a 3rd Degree Felony, to which Dunn pleaded Guilty through his attorney Loni F. Deland.

The Court advised Dunn of his rights and penalties;  however, he waived the reading of the information as well as the time for sentence. He was convicted of Attempted Communications Fraud and sentenced to an indeterminate term of not to exceed five years in the Utah State Prison; however, the prison term was suspended.

He was then placed on probation for 12  months, supervised by “good behavior probation,” with early termination of probation requiring notification to the prosecutor and placed on court probation.  He could violate no laws and complete 80 hours of community service at the rate of 10 hours a month, beginning on Jan.1, 2018. The restitution hearing was scheduled for Nov. 13, 2017.

However, the Restitution Hearing was actually held on Oct. 16, 2017, when the court ordered restitution to Hall in the amount of $95,047 to be paid at the rate of $150 a month, beginning 1/1/2018.

3-Minutes Restitution 

In the process of all of the Dunn’s financial problems, he and his wife filed, not one but two, bankruptcies: Chapter 13 on Aug. 11, 2014 and Chapter 7 on Sept. 25, 2015 in the Northern District of Texas.

First National Bank-Bankruptcy

 

See articles on background checks

 

FROM THE EDITOR:

As the owner and editor of www.allaboutcutting.com, I don’t go out of my way to find NCHA’s or other horse organization’s officers, directors or members who have committed crimes. Most of my information comes from members or interested parties of the problem created, and the above article is one of those.

I received a letter by mail from “A Concerned Member” regarding Dennie Dunn. The sender listed several statements about Dunn that I could not publish without further investigation to make sure the statements were true. Unfortunately, after my investigation, I found they were very true!

Dennie Dunn letter

 

I did not know, and still don’t know, if the NCHA officers, directors or management know about the legal and criminal charges or bankruptcies of Dennie Dunn. However, the current Membership Directory of the NCHA shows that Dunn lives in Peaster, Texas, located northwest of Fort Worth where the home office of the NCHA is located. However, last night I received a telephone call saying he was in St. George, Utah, where his wife is working for a car dealership.

But I do think that it would be wise to all horse and/or non-profit organizations should do background checks on their officers, directors and employees. A prime example is that today most major companies do this on a regular basis.

Glory Ann Kurtz
allaboutcutting.com

940-393-1865

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☛ Vogels and Dufurrena settle – Alvin Fults purchases Stevie Rey Von 2-10-18

Posted by on Feb 10, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, LAWSUITS & INDICTMENTS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 0 comments

VOGELS  AND ED DUFURRENA AGREE ON A PRIVATE SETTLEMENT OF LAWSUIT 

 

VOGELS RECEIVE AUSPICIOUS CAT, STEVIE REY VON AND CREYZY TRAIN;

AFTER PRIVATE SETTLEMENT, STEVIE REY VON SELLS FOR $2 MILLION

By Glory Ann Kurtz
Feb. 10, 2018

After close to eight years of disagreements and lawsuits, Ed Dufurrena, Gainesville, Texas, on Thursday, Feb. 8, agreed to sign over three horses to Don and Janie Vogel, Saint Jo, Texas, during a private settlement in the Fort Worth office of their lawyer Lew Stevens.

But these weren’t just any horses. They included Auspicious Cat , a 2005 stallion sired by High Brow Cat out of Lenas O Lady by Peppy San Badger, with over $333,000 in lifetime earnings;  Stevie Rey Von, a 2012 son of Metallic Cat out of Miss Ella Rey and the winner of the 2015 NCHA Open Futurity, earning over $340,000 and Creyzy Train, a trained cutting mare that is a 2012 daughter of Auspicious Cat out of Miss Ella Rey by Dual Rey with earnings of close to $14,000.

The venture started on March 29, 2011, when Janie Vogel wrote a check for $105,000 to Ed Dufurrena Cutting Horses for 49 percent of four horses. They included three (3) registered horses including Auspicious Cat for $49,000, Whata Sneaky Cat ($20,000) and Ozzum Cat ($3,500).  Ozzum Man (registration pending) was listed at $2,500.  Two embryos out of Miss Ella Rey by Auspicious Cat and Metallic Cat (which later turned out to be Stevie Rey Von, the winner of the 2014 NCHA Futurity) were listed at $15,000 each.  Also, a 2011 embryo out of Miss Hickory Wheel by Auspicious Cat was included for 100% of reproductive costs.

Among other things, the hand-written contract stated that the purpose of the alliance was to promote cutting horses through training, showing, breeding and sales for a potential profit. The agreement stated that the Vogels had purchased the percentage of those horses and embryos, which would be known as Dos Cats Partners. The owners would share all expenses, including board, vet care, farrier, advertising, training, showing, nominations, hauling, insurance and any other expense incurred in the care and promotion of horses proportionately. The horses would be managed by Ed Dufurrena, including training, showing and advertising.  Diufurrena agreed to use acceptable practices of animal husbandry in the care and condition of the horses – as well as being the stallion manager.

Asked how the couple got involved in the cutting horse business, Janie said, “Our vet got injured badly in an accident loading horses in a trailer on New Year’s Eve. After five months in the hospital, she sold her practice. So when we went to an auction and bought some breedings for stallions, someone gave me Ed’s number and Shona helped me get my three mares bred.”

“I’ve always been fascinated with cutting horse and went to their shows,” continued Janie. “I had some halter horses that I loved to death – but for a long time I really liked cutting horses.”

Her husband, Don, was born in Muenster, Texas and they lived in South Lake, where they owned a swimming pool concrete company.

“When we decided to retire, we sold the company and bought a farm in Saint Jo, Texas,” sad Janie.

VOGEL LAWSUIT:

However, in a lawsuit filed six years later on Sept. 27, 2017, the Vogels (the plaintiffs) sued Dufurrena (the defendant), stating that in the beginning, the partnership owned four horses; however, presently the horses remaining in the partnership were Auspicious Cat, Creyzy Train and Stevie Rey Von (at that time ann embryo by Metallic Cat out of Miss Ella Rey). The rest of the horses in the agreement had been sold by Dufurrena. The terms included all expenses being shared proportionately by the ownership interests of each partner; all earnings from any source were to be shared proportionately according to the ownership interests of each partner and the defendant would manage the horses.

Also, expenses were allegedly incurred in the partnership with Dufurrena  being responsible for sending an invoice to the Vogels, that was prepared by Dufurrena, or at the direction of him, providing a description of the expense and the proportionate share owed by the Plaintiffs.

Stevie Rey Von went on to win the 2015 NCHA Futurity, taking home over $300,000 – without Dufurrena paying the Vogels their proportionate share of the winnings. At that time Stevie Rey Von’s breeding fee was $4,000 plus a $650 chute fee.

The Vogels response was that they had  not received their share of the breeding fees, with Dufurrena responding by sending the Vogels “self-generated” invoices containing expenses. When the Vogels requested the expenses be substantiated, they claimed the defendant never complied. In fact, at the time of the lawsuit, none of the expenses had been substantiated by Dufurrena.

The Vogels also claimed gross misrepresentations of material facts by Dufurrena. For example, the number of breedings of the stallions. The Vogels learned that Dufurrena permitted at least 100 breedings to Stevie Rey Von, during that period. The Vogels anticipated that the same would be true for 2015 and 2017 for Stevie Rey Von as well as Auspicious Cat.

According to the lawsuit, at the time of the agreement, Dufurrena represented to the Vogels that Auspicious Cat had no physical defects, which was untrue as it was later learned he was a cryptorchid (only one testicle) and carried the HERDA gene. They claim Dufurrena also misrepresented expenses of the partnership, claiming expenses for things that had not incurred, as well as inflated expenses and some that were not authorized and/or excessive. They also claim the horses generated income but that the Vogels never received their share.

Also, Dufurrena did not include the Vogels ownership on the AQHA registration papers of the partnership horses in the name of the Partnership nor the name of the Vogels. Auspicious Cat was  not transferred to Dos Cats Partners until Jan. 16, 2008, even though the date on the sale was Dec. 30, 2006 and he alone pocketed the $345,000 paycheck for winning the Open NCHA Futurity.

According to AQHA registration papers, Stevie Rey Von was  bred and owned by Brandon Dufurrena (Ed and Shona Dufurrena’s son), but his AQHA registration shows the stallion was transferred to Edward L. Dufurrena on 12/1/15 – just in time for the pair’s win in the 2015 NCHA Futurity, but the ownership of the horse was not actually recorded by the AQHA until Feb. 4, 2016. Note: Stevie Rey Von had never been transferred into the Vogels’ names.)

Dufurrena represented himself as the sole owner of the stallion, which is a serious violation of the rules and regulations of the National Cutting Horse Association. Also, advertisements of the stallion also indicate that Ed Dufurrena was the sole owner. And when breedings were received due to the advertisements, Dufurrena kept all the money and did not pay the Vogels their proportionate share.

THE LEGAL BATTLE:

The Vogels hired Lisa Bennett, of the law firm of Adams, Bennett, Duncan and Henley in Gainesville, Texas, who on Sept. 27, 2017 filed a lawsuit against Ed Dufurrena.

The lawsuit filed by Bennett, claimed that Dufurrena had committed conversion against the Vogels by selling partnership property without the right to do so and against the benefit of the Plaintiffs. Also Dufurrena had sold partnership property without paying the Plaintiffs their proportional share or permission of the Plaintiffs. This property included breedings from Stevie Rey Von, the prize winnings from the NCHA Futurity (over $340,000)  and by invoicing “paid for” expenses that had not been incurred or were not for the benefit of the partnership.

The suit also included the producing of documentation that Dufurrena had committed forgeries, breached the duty of loyalty owed to the Plaintiffs under the law and terms of the Partnership and using Partnership property for  his own personal gain and to the deprivation of the Plaintiffs, stating that the Vogels were billed expenses to Dufurrena wrongfully – expenses that never existed or were improperly applied or grossly inflated. Also that Dufurrena improperly titled Stevie Rey Von’s ownership with the AQHA in his own name only.

Also, when the Vogels demanded an accounting from Dufurrena, they said Dufurrena refused, breaching his fiduciary duty to the Plaintiffs.

The Vogels sought a dissolution of the Partnership, demanding an accounting from Dufurrena, all monies due them be paid from him and that a receiver be appointed for the sale of all partnership property, including, but not limited to, Steve Rey Von.

The suit claimed that Fraud had been committed on the Plaintiffs and that a points in Vogel’s pleading be filed against Dufurrena within the jurisdiction of the court.

The judgment directed Dufurrena to account for all profits earned on the transactions that are a subject of the suit; prejudgment and post judgment interests as provided by law, an order directing Dufurrena to surrender the records of the Partnership to the Plaintiffs for inspection, appoint a receiver to take custody and control of Partnership property for safekeeping and sale; appoint a receiver to take custody and control of Partnership property for safekeeping and sale; that proceeds from the sale of partnership property be placed in the registry of the court, as well as costs of the suit and any further relief to which the Vogels are entitled.

On Oct. 2, 2017, the Vogels made a motion for the appointment of a receiver, stating that if the assets of the partnership were not immediately placed in a receivership and liquidated, irreparable harm will ensue to Plaintiffs. The present assets of the partnership are the three horses, with Stevie Rey Von being the most valuable since he had won the 2015 NCHA Cutting futurity, giving him a value of $1 million. Auspicious Cat was valued at $160,000 and Creyzy Train at $8,000.

Also the suit claims that Dufurrena has insured the horses, with his and his wife’s names being the beneficiaries and when the Vogels insisted that they be included in the ownership interest in the policy. Dufurrena failed to do so.

The Plaintiffs requested the appointment of a receiver to have authority after the hearing, immediately taking possession of the horses, safe keep and maintain the horses and sell them at public auction. They submitted that Jeremy Barwick of Western Bloodstock Company would be an appropriate person for that since Western Bloodstock put on the big NCHA Futurity sales in December. But since the case was not closed before the NCHA Futurity sales, that never happened.

DUFURRENA FILES COUNTERCLAIM AGAINST VOGELS:

On October 7, 2017, Dufurrena filed a counterclaim suing the Vogels, who were 66 (and considered elderly by the court*) at the time of the partnership agreement, and their company Jandon Ltd., a Texas Limited Partnership, for disclosure, stating that “over the years the Vogels had placed 10 horses with Dufurrena and were not current with their account, accumulating an unpaid balance of approximately $340,000. On Feb. 6, 2017, when the Vogels came back to pick up their horses, it was discovered that Dufurrena had a possessory lien under Texas law as agisters, requiring the person in possession of the horses to retain possession so that it may be sold to apply the prices of the sale to the unpaid balance of the charges subject to the lien.

The lawsuit also claimed Dufurrena had received a $100,000 check from the account of Jandon LLC which was “no good” and did not clear the bank despite multiple requests by the plaintiffs that the check be covered. He claims the defendants have refused to make good on the check and unpaid balance of the invoices. Dufurrena claimed damages of $340,000, exclusive of attorneys’s fees, costs and pre-judgment interest.

Dufurrena was represented by Bryan H. Burg of Siebman, Burg, Phillips & Smith, LLP, Plano, Texas, who also represented him in a previous lawsuit regarding Auspicious Cat. Brandon Dufurrena was represented by Larry Sullivant, a Gainesville, Texas lawyer.

* If a criminal case were filed in this case and the party suing losing are considered “elderly,” the penalty is 3 times the damages.

PLAINTIFF’S RESPONSE TO DUFURRENA:

In an October 20 response to Dufurrena’s counterclaim, the Vogels requested to see Dufurrena’s records of the Partnership, including the bills but Dufurrena failed to comply. Thereafter, through 2017, the Vogels said they requested documentation from Dufurrena and he always had a reason for not complying. As partners, they demanded they be allowed to inspect the records.

What the Vogels saw was a gross misrepresentation of material facts. A number of breedings to Stevie Ray Von were misrepresented by Dufurrena. He said that Stevie Rey Von had 40 breedings in 2016 (foals would be born in 2017), when the Vogels learned that Dufurrena actually had 100 breedings to Stevie Rey Von during the period. The Vogels said in court documents that they anticipate that the same was true for 2015 and 2017 for Stevie Rey Von, as well as for Auspicious Cat. (AQHA does release  the number of breedings to a stallion in a given year; however, they do release the number of foals registered from those breedings.)

The Vogels also claimed that Dufurrena did not title the Partnership horses in the name of the Partnership nor the name of the Vogels, with the exception of Auspicious Cat. Dufurrena titled Stevie Rey Von’s ownership papers originally in the name of his son Brandon and then in his name – never in the name of the partnership. Also, he never informed the Vogels of the ownership papers of Creyzy Train’s ownership papers in the name of his son and never informed the Vogels of his actions.

During the lawsuit, a Risk Assessment/Risk Analysis was performed by Richard E. “Rick” Dennis in this matter. Rick is a former Professional Drug Enforcement Agent and a Law Enforcement Officer. Since 1986, he has been involved in the private security industry as an entrepreneur and currency is the managing member of the Wind River company. His company specializes in providing private security, personal protection, security consultation as well as employee drug and alcohol testing and risk management services to the private sector including Risk Assessment and Risk analysis.

He has a total of 47 years experience in his fields of representation and is the author of two books: THE AMERICAN HORSE INDUSTRY, AVOIDING THE PITFALLS AND CROSS TRAINING 101, Reining, Cutting, Cowhorse and is a freelance writer and contributor for AllAboutCutting.com.

Ricks Response 2-10-18

ENTER NEW LAWYER LEW STEVENS:

Lisa Bennett, the lawyer defending the Vogels, felt the case needed to be co-counseled by someone who specialized in horse cases. Rick Dennis, thought Lew Stevens, a Fort Worth lawyer who not only specialized in horse cases, but was also personally involved in the horse industry, and had  a lot of experience in it and the legal aspects of the law, was perfect for the job. Lew then teamed up with Lisa Bennett.

“We had a lot of people and curious friends tell us we ought to go to Lew, which we did,” said Janie Vogel, who suffers from Parkinson’s disease. “We were happy when he said he would help us.”

After seven years had gone by in this case, Stevens, in his first day of a formal appearance by Janie Vogel (that had been set up for her deposition), got the defendants to agree to an out-of-court settlement.

The settlement had just eliminated additional months and possibly years of payments to lawyers by the Vogels but Lew didn’t want to take all the credit. In an interview, he said, “A case is never settled by one person. Everyone has to work toward a common goal.”

“I thought we were going to Lew’s office for depositions,” said Janie Vogel. “All of a sudden I was caught by surprise of a settlement.”

THE PRIVATE SETTLEMENT:

The private settlement included the Vogels receiving Auspicious Cat, Stevie Rey Von and Creyzy Train, who are all at Jo Ellard’s Stallion Station and training facility in  Whitesboro, Texas. Both Auspicious Cat and Stevie Rey Von will be standing at the Ellard facility which has 24 x 14 stalls and an underground tornado shelter for the valuable stallions.

The legal case will show up in court records as “case closed.”

Auspicious Cat (High Brow Cat x Lenas O Lady) will be standing for $3,650, which includes the farm fee and Stevie Rey Von (Metallic Cat x Miss Ella Rey) will stand for $4,650, which includes the farm fee.

Janie Vogel said the plan is to get Creyzy Train, who is a trained cutting mare with close to $15,000 in earnings, to be shown.

She continued, “We’d like to stay in the cutting horse business and ‘dabble’ in it.’ ”

THE VOGELS SELL STEVIE REY VON FOR $2 MILLION:

And “dabble” Don and Janie Vogel can, as less than 24 hours after the settlement, it was announced that Alvin and Becky Fults, Amarillo, Texas, who previously owned Metallic Cat, the sire of Stevie Rey Von, had purchased Stevie Rey Von for $2 million.

Asked about their relationship with Dufurrena, a gracious Janie said, “We’re just going to try to get along with them. I don’t want to be enemies with anyone.”

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☛ God, Guts, Guns and Taxes – 1-5-18

Posted by on Jan 5, 2018 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE NEWS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 15 comments

GOD, GUTS, GUNS AND TAXES

By Richard E. “Rick” Dennis
Jan. 5, 2018

 

by Richard E. Dennis

The American Horse Industry, Avoiding the Pitfalls by Rick Dennis.

While growing up in Alabama in the 1950s, my grand father always stressed these four premises to live by:  “Always put GOD first in your life, have the GUTS to take on life and live successfully, keep a GUN handy in case you need it and always pay your TAXES.”

Paying taxes is a phrase resonating with every working American this time of the year simply due to the fact April 15 is the time we either file our taxes or file for an extension. Like the old adage, “There are two certainties in life: Death and Taxes!”  No one gets out alive and with new tax laws, Uncle Sam can and will tax you in the grave.

However, there are steps we can take to minimize the amount of taxes we pay by simply taking advantage of the built-in deductions and write offs included in the IRS tax code.

In my opinion, one fact of certainty is: “The Internal Revenue Service (IRS) seems to hate horses.”  In my book THE AMERICAN HORSE INDUSTRY, Avoiding The Pitfalls, I devoted an entire chapter to identifying whether your horse operation is a business or a hobby. One of the included items in this book is a chapter that stresses the importance of determining whether or not your horse operation is a business or a hobby as well as other necessary factors to successfully survive an IRS or State audit of your horse operation and yourself.

 

Case-In-Point:

In June 2016, I opened a new bank account at Chase Bank in Covington, Louisiana.  According to the information supplied by the bank officer who opened my account, new Federal and State tax regulations and laws require the financial institution to be the first line of defense in identifying fraudulent money laundering or illegal operations by account holders. Essentially, the bank opens your account with the information you supply them including providing your name, social security number, business name and business Tax Identification Number (TIN), along with a copy of your completed financial questionnaire to Federal and State taxing agencies for verification, authentication of your citizenship and to check for any outstanding tax bills, liens, etc.

Further, the brief financial questionnaire generally encompasses annual income, expenses, net profits for a given period, tax filings, assets and liabilities. In essence, and in my opinion, this is used for a comparison by the Federal and State taxing agencies to perform a brief audit of prior tax filings to determine the accuracy of your prior tax reports, among other items of interest. According to the Chase Bank officer, this is a requirement to open a bank account with Chase Bank. No completed financial questionnaire = no bank account!

 

Maintaining Immaculate Financial Records:

Another aspect stressed in my book is the importance of maintaining immaculate financial records for both your personal and business financial reporting. For the record, I’m in the horse business and I file a Schedule C, along with my personal 1040, which represents my Limited Liability Company’s financial records. In my case and after opening the bank account, I received an arbitrary tax assessment from the State of Louisiana for a tax bill of $41,589.73 for the 2015 year.

Knowing that I didn’t owe the proposed tax liability, I contacted the Louisiana Department of Revenue and inquired about the certified letter I had received and I was informed that an unnamed source had provided to the State that I made $701,400.00 in 2015. I informed the State of Louisiana tax representative that the figure she quoted me was more than my gross annual income. In fact, it was a well-documented and IRS-approved 20-year “carry-forward casualty loss” from Hurricane Katrina back in 2005.

However, I was told I had two choices: 1) Protest the arbitrary assessment through the tax process or 2) pay the amount assessed plus interest and penalty.

If I did not file an objection, I would also be assessed a taxable amount by the IRS to include interest and penalties. The worst that could happen if I didn’t address this scenario is: I would be charged with tax evasion, my bank accounts would be seized, tax liens would be filed on my property and I would face prosecution.

I elected to fight the proposed tax liability and requested a hearing. On the day of the hearing, I represented myself “in-proper-person,” essentially meaning I was my own lawyer. This is not a recommendation that I would make to everyone.

I figured that since I knew my tax records better than anyone, I would be the best person to explain my case at the hearing. On hearing day, I was armed with my Federal and State tax filings from 2005 forward, which completely documented the $769,000.00 20-year carry-forward loss as well as the very well documented IRS approval of the loss. At the hearing I explained, that whoever their “erroneous source” was, he or she failed to recognize that there was a minus sign in the front of my 2015 tax filing amount and the -$701,400.00 carry forward to my 2016 tax year had a minus sign, not a plus sign. Therefore, the amount was a loss and not income.

 

Resolution:

On Jan. 2, 2018 I received a letter from the Louisiana Department of Revenue dated December 29, 2017 stating, “The outstanding liability for the above referenced period(s) has been cancelled based on the information provided. Thank you for your cooperation in this matter.”

Over all, we all have to pay taxes.  My suggestion to all readers of this article is to keep and maintain immaculate financial records with every annual tax filing. I keep all of my annual tax filings instead of merely the three years suggested by the IRS.  If I hadn’t had all of my tax filings readily at hand, the outcome of this saga might have resulted in an ominous ending.

Click for tax letter from state of Louisiana>>

 

Another Happy Ending:


Recently I received a Federal Tax ruling entitled UNITED STATES TAX COURT, Finis R. Welch and Linda J. Waite – Petitioners Versus Commissioner of Internal Revenue – Respondent.  This tax ruling is an extremely good read and involves another individual in the cutting horse industry which resulted in the cancellation of millions of dollars in proposed tax liabilities due to their immaculate records retention.

Click for Stunning Tax Court Victory>>

Click for Center Ranch Tax Ruling>>

Certified Public Accountant (CPA):

For the record, I’m not a certified public accountant. However, I’ve been in business for 33 years with a 48-year professional background including: Criminal Investigations and Prosecutions, Forensic Audit, Risk Management and a 19-year history as a professional in the horse business but I highly recommend the incorporation of a certified public accountant in your life to formulate your tax filings.

 

Determining Whether You’re A Business Or A Hobby:

The key to operating a successful horse business is to determine whether you’re in the horse business for fun or to make a profit as a business owner doing something you love. If the former is your answer, go have fun. If the latter is your answer and you’ve decided to enter the equine industry as a business owner, then I suggest you perform a self evaluation of your proposed or existing business to determine if all of your bases are covered: For example:

1. What is your business entity: a Corporation, Limited Liability Company, Sole-Owned Proprietorship, Partnership, etc.,?

2. Does your business have its own Federal Tax Identification Number (which you should have), or are you using your social security number for this?

3. How are your bank accounts set up? In order to avoid the “co-mingling of Funds Rule,” i.e., mixing personal non-business funds with business funds, you need to have separate bank accounts: one for your personal and one for your business.

4. If your business is like mine, where I receive checks in the mail for services rendered as well as cash payments, are you incorporating the use of a cash book to keep track of these funds, especially if you aren’t depositing the cash in the bank?  If not, I suggest you incorporate one and each time you spend from this “stash of cash,” make a record of it along with maintaining a receipt for spent funds.

5. Are your accounting books immaculate? If not, seek the advice of a Certified Public Accountant to assist you in this matter.

6. Does your horse business have a written “Business Plan?”  If not, I suggest you consult with a Certified Public Account and write one.  Essentially, your business plan is your survivability insurance in the event of audit.  After the key phrase used by the auditors is, “Are you in business to make a profit?”

7. “Intent To Make A Profit” is your key phrase you should memorize in all of your business affairs. During an audit, this separates you and your horse business from being identified as a hobby versus a viable business. It’s OK not to make a profit if you truly intended to make a profit during an annual period. However, you need to consult with a Certified Public Accountant to further explain this aspect of the tax code.

In setting up your business, always show an intent to make a profit by using advertising. I suggest to all business owners that they should have a web site to promote their business on the internet. Also, it’s an impressive marketing tool for prospective clients to evaluate your services.

An immaculate and accurate set of books will allow your tax preparer to utilize all of the items available to you as a business owner to minimize the amount of taxes you pay during an annual tax filing cycle as well as a defense in the event of a tax audit.

“Until Next Time, Keep Em Between The Bridle!”

WIND RIVER COMPANY LLC

Richard E. “Rick” Dennis

Managing Member

Phone: (985) 630-3500

Email: windrivercompany@gmail.com

Email – Personal: windrivercompany.rd@gmail.com

Web Site: http://www.windrivercompanyllc.com

 

 

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☛ Dufurrena sues Vogels for disclosure 11-28-17

Posted by on Nov 28, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

DUFURRENA FILES COUNTER CLAIM AND SUES VOGELS FOR DISCLOSURE

By Glory Ann Kurtz
Nov. 28, 2017

On Oct. 7, 2017, Edward L. Dufurrena, the owner of Dufurrena Cutting Horses, LLC, Gainesville, Texas, was sued by Donald Eugene Vogel and his wife Janie S. Vogel, stating that they had become partners in Dos Cats Partners on March 11, 2011, investing $105,000 in the four horses: Auspicious Cat, Ozzum Man, Ozum Cat Cat and What Snaky Cat, as well as three embryos: one from Miss Ella Ray sired by Auspicious Cat, one from Miss Ella Rey sired by Metallic Cat and one out of Hickory Wheel sired by Auspicious Cat.

The suit continued that horses remaining in the partnership include Auspicious Cast, Stevie Rey Von and Crazy Train. Stevie Rey Von is the embryo out of Miss Ella Rey sired by Metallic Cat.

In 2015, Stevie Rey Von, ridden by Dufurrena, won the NCHA Cutting Horse Futurity, winning $341,570. Court papers say Dufurrena collected all the winnings, never sharing them with the Vogels for their 49 percent interest. They contend that Dufurrena never paid them anything according to the partnership agreement, with Dufurrena sending them self-generated invoices, containing questionable and unsubstantiated expenses.

On Oct. 20, Dufurrena filed an answer and counter claim against the Vogels, who were 66 at the time of the partnership agreement, and Jandon LLC, a Texas Limited Partnership, whose registered agent is Donald Eugene Vogel. The claim stated  that “over the years, the Vogels had placed 10 horses with Dufurrena and were not current with their account, accumulating an unpaid balance of approximately  $340,000. On Feb. 6, 2017, when the defendants came to pick up their horses, it was discovered that Dufurrena had a possessory lien under Texas law as agisters, requiring the person in possession of the horse to retain possession so that it may be sold to apply the proceeds of the sale to the unpaid balance of the charges subject to the lien.

Dufurrena’s lawsuit claims he had received a $100,000 check from the account of Jandon LLC which was “no good” and did not clear the bank despite multiple requests by the Plaintiffs that the check be covered. He claims the defendants have refused to make good on the check and the unpaid balance of the invoices.

The defendants are claiming damages of $340,000 exclusive of attorneys’ fees, costs and pre-judgment interest.

In his counter claim Dufurrena said the Vogels entered into a co-owners agreement pursuant to which the Vogels owned 49 percent of certain horses and embryos. One of the embryos died and no foal was produced. He said that with the knowledge of the Counter-Defendants, the Dufurrenas provided at their cost a replacement foal, which was accepted by counter-defendants. He said the Dufurrenas had no obligation to replace the failed embryo.

He continues that neither of the Counter-Defendants nor any partnership known as Dos Cats Partners owns any co-ownership or other interest in the horses known as Auspicious Cat, Creyzy Train or Stevie Rey Von. Counter-defendants interests in Auspicious Cat and Creyzy Train were applied against their unpaid accounts pursuant to the co-owners agreement. Dufurrena said Stevie Rey Von as not part of the co-owners agreement and Counter-Defendants have no interest in such horse, thus, they have no interest in his winnings.

Counter-Plaintiffs also seek a declaration that neither Counter-Defendant owns any interest in Stevie Rey Von, whether through a co-owners agreement, partnership or others well as Creyzy Train or Auspicious Cat, saying those interests were terminated before 2017. They Counter-Plaintiffs say they are entitled to an award from the Court for their costs and reasonable and necessary attorney’s fees as are equitable and just.

The documents went on to say that “If there is a finding that Counter-Defendants now own any interest in the horses made the subject of the co-owners agreement,  Counter-Plaintiffs seek a recovery of all charges due for such horse that were not paid when the offset was made – plus reasonable and necessary attorney fees.

The latest word on this case is that they are in mediation.

Click for Ed Dufurrena response>>

Click for Ed Dufurrena Request 4 disclosure>>

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