LIFETIME MEMBER OF NRHA SUES FOR REVOKING HIS LIFETIME MEMBERSHIP
KIT COSPER CLAIMS NRHA HAS NOT GIVEN HIM A REASON WHY HIS MEMBERSHIP WAS REVOKED
By Glory Ann Kurtz
Oct. 30, 2016
On Oct. 17, 2016, James Kitchen (Kit) Cosper, Brunswick County, N.C., filed a lawsut against the National Reining Horse Association (NRHA) for revoking his lifetime membership.
According to the six-page lawsuit filed in District Court of Oklahoma County, State of Oklahoma, demanding a jury trial.
ABOUT KIT COSPER:
Cosper, the son of Monica Watson of Double Run Farm, who breed the famous reining sire Wimpys Little Step, has been a life member of the NRHA since 1999, has served the NRHA in several different significant capacities, including but not limited to: (a) member of the NRHA’s Executive Committee, (b) Vice President of the Reining Horse Sports Foundation and (c) a member of the NRHA Bylaw committee.
ABOUT WIMPYS LITTLE STEP:
Wimpys Little Step, a 1999 palomino Quarter Horse Stallion, bred by Hilldale Farm, was shown by Shawn Flarida only three times and placed second in The Tradition Futurity, held in Lexington, Va., first in the Futurity at the All American Quarter Horse Congress, Columbus, Ohio, and in December 2002 won the NRHA Futurity Champion in Oklahoma City, scoring a 223. He is also in the NRHA Hall of Fame and has lifetime earnings of $185,757. Also in 2008 he became the youngest $8 million sire.
According to a Nov. 17, 2010 article in Quarter Horse News, “A major and controlling share of Wimpys Little Step, owned by Mark Schols, Ocala, Fla., sold to Xtra Quarter Horses LLC., owned in partnership by Thiago Boechat and Lorenzo Vargas, Purcell, Okla./Cancun, Mexico.
Cosper claims he received a letter dated May 25, 2016 from Terry Weins, the General Counsel for the NRHA stating that his membership had been revoked at the discretion of the Executive Committee pursuant to Article 2, Section 1 of the NRHA Bylaws.
According to the lawsuit, the letter did not state any reasons or allege any misconduct as the basis for his membership revocation. Cosper asked Mr. Weins for the reasoning for the actions of the Executive Committee; however, Mr. Weins has refused or failed to provide the answer to that question.
Cosper claims the revocation of his membership and involvement with the NRHA has had a negative and harmful impact on Mr. Cosper’s reputation,and his ongoing and future business interests in the reining horse industry. According to sources, Cosper has been vocal about the governance changes within the NRHA and hosts a forum called “Take NRHA Back.”
Cosper claims that by revoking his membership, the NRHA has failed to comply with its own Disciplinary Procedures as laid out in Section D of the NRHA’s 2012 General Rules and Regulations. Article II of the NRHA bylaws say, “members are to be admitted and retained in accordance with the rules and regulations of the NRHA.”
The suit claimed the NRAHA failed to comply with Section 1 of the Rules and Regulations related to disciplinary procedure, as it says “membership can be revoked or suspended for good cause.” Section 4 and 5 of the Rules and Regulations exempts the Executive Committee’s action against Cosper from the requirements of Section D (disciplinary Procedures) of the General Rules and Regulations. Likewise nothing within Section D exempts the Executive Committee’s action against Mr. Cosper from the Section’s coverage.
Cosper is petitioning the court to enter a declaratory judgment addressing the NRHA’s conduct and to determine and declare that his membership was revoked by the Executive Committee without good cause as the revocation of his membership was not in compliance with the 2016 NRHA handbook: Bylaws, Rules and Regulations; Judges’ Guide and that the his membership be reinstated in full. No financial relief is requested.
Cosper is represented by his lawyer Kevin R. Donelson of Fellers, Snider, Blankenship, Bailey & Tippens, P.C. of Oklahoma City, Okla.
Click for copy of Cosper v NRHA lawsuit>
TWO LAWSUITS SETTLED REGARDING LAST YEAR’S THE AMERICAN RODEO PAYOUT
By Glory Ann Kurtz
Oct. 19, 2016
According to an Oct. 19, 2016 article in the Fort Worth Star Telegram, two lawsuits over allegations that star calf ropers rigged during the 2015 The American Rodeo held in AT&T Stadium in Arlington, Texas, were dismissed this week with undisclosed settlements.
The dispute stemmed from the 2015 one-day event sponsored by RFD-TV, with the event offering prizes of $100,000 to winners of seven different rodeo competitions and featured a $1 million reward for cowboys who qualified for seven different events rather than those who were invited.
The Reese Riemer lawsuit:
On Feb. 23, 2015, Reese Riemer, a tie-down roper from Stinnett, Texas, filed a lawsuit against RFD-TV in the Northern District of Texas Amarillo Division for failing to pay his winnings from the roping event held during the 2015 American Rodeo competition. The event had advertised that the winner of each event would be awarded $100,000 each, plus nearly $50,000 in prizes. Additionally if a qualifier won the event, against the invited contestants, who were the “best in the world,” he would be entitled to a share of a $1 million side pot.
It turned out that Riemer and Taylor Price, the first-place winner of the bareback riding competition, were both qualifiers who won their event and were eligible for a share of the $1 million side pot.
On March 3, 2015, K.C. Jones, a qualifier who tied with an invitational contestant in the steer-wrestling event, challenged The American rules regarding tie breakers. Randy Bernard, the CEO of RFD-TV, told Reese that RFD-TV agreed to pay K.C. Jones a share of the side pot and that $83,000 would be deducted from his winnings and from Taylor’s winnings. In a broadcast, Bernard claimed that he and Riemer agreed to allow K.C. Jones to take a piece of Riemer’s winnings; however, Riemer claims no such conversation took place. On March 4, 2015, Riemer was issued a check from RMG Events LLC for $517,000, reflecting the $83,000 deduction that RFD-TV awarded to K. C. Jones. The champion saddle was received by Riemer and a Polaris Ranger ATV was delivered to the Riemer Ranch.
The RFD-TV lawsuit:
Then on March 5, Patrick Gottsch, owner and founder of RFD-TV called Riemer and questioned Riemer about “rumors that the qualifiers in the tie-down roping competition had made a deal to split the bonus pool regardless of the outcome.” Riemer assured Gottsch no deal had been made; however, he was informed that a stop payment had been put on his check for $517,000 due to the rumors. According to the lawsuit, “Gottsch threatened Reese with prison time and told him to obtain a lawyer.”
The lawsuit by Riemer also claimed RFD-TV capitalized on Riemer’s name and likeness in the news media, including building up goodwill to promote the 2016 The American event, as well as a Breach of Contract seeking out-of-pocket damages and a judgment against the defendants in the amount of $600,000 plus attorney fees, pre-judgment interest at the maximum non-usurious rate, all taxable court costs, other relief justly entitled and demands a trial by jury.
In August, 2016, RFD-TV filed a lawsuit in Tarrant County Civil Court against Riemer (currently seventh in the PRCA standings; Timber Moore, at the time the top PRCA calf roper (currently he ranks second) and Tuf Cooper, a three-time PRCA world champion (currently a member of the Elite Rodeo Association and not the PRCA), outlining allegations of a “fix” at the 2015 rodeo with Riemer splitting his winnings with Cooper and Moore, if they would allow Riemer to win the roping finals. Riemer ended up winning, with Cooper finishing second and Moore finishing third.
According to the lawsuit the rodeo learned of the scheme devised by Riemer, Cooper and Moore and stopped payment on Riemer’s $517,000 check.
According to the Fort Worth Star Telegram article, additional court records were made available this month showing how the controversy started, including details on a contentious spat between Tuf Cooper, and Cole Bailey, a part-time cowboy who sells cars at his family business in Oklahoma. In an affidavit, Bailey accused Cooper of asking him to participate in the alleged scheme. However, Cooper had not returned requests from the Fort Worth Star Telegram for a comment.
“It was unclear how the lawsuits were resolved this week as Rick Hagen, the attorney for Moore, would only release this comment: “The parties have resolved this dispute to each party’s satisfaction.” Attorneys for RFD-TV and Riemer could not be reached. Cooper did not hire an attorney.
On Aug. 22, 2016, RFD-TV founder and owner Patrick Gottsch and Sean Gleason, CEO of the PBR, announced a long-term, three-year plan for The American Rodeo event, which will return to Arlington Stadium in Arlington on Feb. 19, 2017. The agreement with the PBR and the Dallas Cowboys stadium ensures the future of the world’s richest one-day rodeo event. Prior to the Finals, the semifinals will be held Feb. 15-17 at the Stockyards in Fort Worth and will include a purse of almost $500,000. The three events will continue to make history with a record-breaking payout totaling around $3 million and offers athletes a chance to make the kind of winnings they don’t often see in other professional rodeo and bull-riding competitions.
Click for Rodeo Scandal article>>
click for original ST article on Riemer lawsuit>>
Click for original lawsuit by Riemer>>
Click for article on RFD-TV>>
Click for article on the 2017 The American>>
U.S. TENTH CIRCUIT COURT OF APPEALS RULES AGAINST BLM ON WILD HORSE ISSUE
Release by 10th Circuit Court Of Appeals
Oct. 15, 2016
For the second time this week, the U.S. Court of Appeals for the Tenth Circuit has ruled in our favor on a precedent-setting issue concerning wild horse management on public lands.
In 2014, the Bureau of Land Management (“BLM”) treated more than a million acres of public land in the Wyoming Checkerboard as private land for purposes of wild horse management. The “Checkerboard” is a large area in Wyoming that consists of alternating parcels of public and private lands.
Today, the U.S. Court of Appeals for the Tenth Circuit held that BLM violated the Wild Free-Roaming Horses and Burros Act and the Federal Land Policy and Management Act by removing hundreds of federally protected will horses from public lands under the agency’s limited private land removal authority, and in the process ignoring the legal requirements that BLM must satisfy before permanently removing wild horses from public lands.
Because all herd management areas either contain private lands within their boundaries or are adjacent to private lands, today’s ruling has enormous precedental implications for wild horse management throughout the American West.
For the court ruling, click here.
On Jan. 9, 2016, Rick Dennis posted an article on this site where he notified the Office Of The Inspector General requesting a criminal investigation into the BLM regarding the wild horses and burros, due to their violation of the Wild Free-roaming Horses and Burros Act of 1971 , which he felt would not only save taxpayers dollars but also for the protection of America’s wild herbivore populations being born and living on public land. He also encouraged punishment of any federal employee found violating this law and encouraged individuals to write or call the Office of the Inspector General. His philosophy regarding this matter was directly in line with this ruling.
Click for Rick Dennis Jan. 9 article>>
ATTENTION HORSE TRAINERS!!!
CRUEL TRAINING PRACTICES COUD COST YOU LOTS OF MONEY –AND MORE
By Glory Ann Kurtz
Sept. 13, 2016
Bella Gunnabe Gifted, a money-earning reining horse, was put down from a basilar skull fracture after being bitted up with a curb bit and left alone in a solid round pen for more than an hour. Trainer Mark Arballo recently settled with the owners for a $160,000 settlement, plus he is servinhg three-years probation and not allowed to triain horses during the sentence.
According to an article on RateMyHorsePro.com, a trainer that three years ago caused the death of a horse he was training recently reached a $160,000 settlement with the horse’s owner. Although the trainer’s settlement is not an admission of liability in civil court, he pleaded guilty to felony animal cruelty in March 2015, which is now a felony in all 50 states, and is serving a three-year probation sentence in North Carolina and is not allowed to train horses during his sentence.
Click for FBI article>>
Mark Arballo, an NRHA reining horse trainer who was working as Arballo Reining Horses LLC for Martha Torkinton at her River Valley Ranch, in the County of San Diego, Calif., at the time of the incident, currently resides in the County of Nash, N.C. According to court records it was reported that Arballo’s co-defendant and former partner Patrice Hohl, are believed to be romantically involved.
Arballo, who along with other trainers were permitted to train horses at the River Valley Ranch, joined the group in February 2011. In September 2013, Arballo bitted up 6-year-old Bella Gunnabe Gifted with a curb bit and left her alone in a solid round pen for more than an hour with her head “tied around,” while he taught lessons.
When the mare was discovered, she was unable to get up, had blood in her ear and her eyes moved rapidly back and forth. Bella’s euthanasia ended her suffering and it was a veterinarian’s determination that she had suffered a basilar skull fracture or a broken skull. A basilar skull fracture is a fracture of the basilar bone of the skull, which is part of the floor of the skull that holds the brain, resulting in the cerebral spinal fluid that surrounds the brain and spinal cord, to leak from the nose or the ear.
Bella, a Paint mare was sired by Colonel’s Smoking Gun, an NRHA Hall of Famer better known as “Gunner,” and like her sire, she had found success in the reining arena. Torkinton said that her eggs would be valuable due to her great pedigree.
In August, the defendants’ dog bit Bella on the nose and in September, they noticed a bump on the mare’s head after a training session, which Arballo denied causing. Torkinton was working on a process to terminate Arballo’s contracts and remove the defendants from the property when the training incident and death of Bella happened.
Even though the defendants tried to add two additional terms regarding a “confidentiality agreement,” Torkinton’s attorney said that “a confidentiality clause that restricts First Amendment rights is anything but standard and was not discussed with the court,” and the defendants did not get their confidentiality clause – but rather got a huge fine.
However, the plaintiffs were responsible for a lien as Torkinton’s property insurance carrier, Markel Insurance Company, asserted a lien for payments made to the Torkintons after the death of Bella.
However, trainers must keep in mind that the court’s decision and the FBI’s felony law on cruelty to animals now has a “set precedent” on cruelty to animals in a training situation.
Rick Dennis wrote a great article for AllAboutCutting.com in the May 15, 2015 issue called “Bridles, Bits and Abuse,” that everyone should read – even if they have read it before. It is an indepth study about the abuse of horses by trainers , including how they do it, what equipment they use and what the horse associations are doing about it.
Following is the one paragraph that I like the best and encompasses the answer to horse abuse:
“The truth of the matter is there are no shortcuts in training a horse – only lazy trainers! To properly train a horse requires hard work, hours-upon-hours of saddle time, wet saddle blankets and devotion to the job at-hand. I know this truth to be self evident, as I’m a judicially certified professional multiple-event reined cow horse trainer. The antiquated abusive training techniques developed over the years by unethical self-professed horse trainers should be prohibited and removed from the industry, along with the trainers practicing these unorthodox and abusive training practices. At my training facility, horses are ridden into submission, not beaten into submission, and trained the right way.”
Click for Bridles, Bits & Abuse>>
DAKOTA LINDSEY HARRELL INDICTED FOR SECOND FELONY
HEARING TO BE HELD OCT. 20 AT 1:30 P.M. IN COOKE COUNTY COURT
By Glory Ann Kurtz
Aug. 18, 2016
Dakotah Lindsey Harrell, 28, Whitesboro, Texas, was arrested and indicted by a grand jury for the second time within a four-month period of time, this time for the theft of money, over $1,500 and under $20,000 on March 10-11, 2016, from the bank account of Dale R. Koller, Bethlehem, Pa. She posted a $5,000 bond on July 22.
Click for Dale Koller indictment>>
Harrell was also arrested on March 10, 2016, for theft of up to $300,000 on a warrant filed by Miller Wade Smith, Geary, Okla. With bond set at $50,000, she was released on March 11 after her bail was posted.
Click for Miller Wade Smith indictment>>
A hearing on the first felony was scheduled for Aug. 12, 2016; however, it was decided by the court that a hearing will be held on both indictments on Oct. 20 at 1:30 p.m. at the Cooke County Courthouse in Gainesville, Texas.
Charges on both of Harrell’s arrests included systematically stealing money from Smith’s and Koller’s bank accounts through Internet transactions over the past four years while working for cutting horse trainer Merritt Wilson, Whitesboro, Texas.
The first Indictment for theft of $200,000 or more from Miller Wade Smith was labeled a First Degree Felony, while the second theft of $1,500 or more but less than $20,000 is listed as a State Jail Felony.
Smith and his wife, Tresa, are involved in the cutting horse business, with Wade and their son showing as Non-Pros in NCHA competition. Also a vested-interest partner in the horse business is Wade Smith’s mother, Jimmie Miller Smith, also of Geary.
Koller is a partner with Keith Feister of Brightstone Ranch Stallion Services, Gainesville, Texas, in the ownership of Sophisticated Catt and Palo Duro Cat, full brothers by High Brow Cat out of Shania Cee.
LAWSUIT FILED AGAINST STALLION OWNERS AND VET REGARDING HERDA
SHAWN, LISA AND LAUREN MINSHALL SUE FOR FRAUD REGARDING HERDA DESIGNATION OF AUSPICIOUS CAT
By Glory Ann Kurtz
Aug. 4, 2016
Federal Court filings in the Eastern District of Texas, Sherman Division, lists a lawsuit entitled Shawn, and Lisa Victoria Minshall, and Lauren Victoria Minshall vs. Ed Dufurrena, Ed Durfurrena Cutting Horses, Anthony And Dufurrena, Hartman Equine Reproduction Center (HERC), and Dos Cats Partners dated Oct. 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 in an advertisement, prior to the breeding, stating the sire was HERDA negative or HERDA N/N.
Shawn and Lisa Victoria Minshall reside in Hillsburgh, Ontario, Canada, and Lauren Victoria Minshall resides in Pine Grove, Ky. Ed Dufurrena and Ed Dufurrena Cutting Horses are in Gainesville, Texas, and according to their website, Hartman Equine Reproduction Center (HERC) have two locations in Whitesboro, Texas and Marietta, Okla.
Dos Cats Partners is a general partnership and includes the following current members and/or former members, identified by Defendants as being involved at all material times: Ed Dufurrena, Shona Dufurrena, Karen Claycomb, Tom Donaghe, Linda Donaghe, Gary Craighead, Barbra Hanselman, Michael Nolan, Tracy A. Agrall, Butch Redish and Blair Vissar.
Specifically, in the Plaintiff’s Third Amended Complaint, dated April 7, 2016, the Defendants represented to the Plaintiffs that their stallion Auspicious Cat (sired by High Brow Cat who is out of Smart Little Kitty by Smart Little Lena) and out of the mare Lenas O Lady, whose dam Doc O Lady was by Doc O’Lena) – meaning the stallion was double-bred Doc O’Lena) was free of the HERDA gene and not a carrier of the disease.
Click for Third Amended Complaint>>
EXPLANATION OF HERDA:
HERDA is a genetic skin disease that surfaces usually in the second year after an afflicted horse begins training and results in large painful lesions over large areas of the horse’s body, as well as hyperextensible skin and scarring. There is no cure and the majority of diagnosed horses have to be euthanized. HERDA has an autosomal recessive mode of inheritance, which means it could pop up in future generations. HERDA carriers is critical for the selection of mating pairs as breedings of carrier horses (those with at lease one recessive HERDA gene have a 25 percent chance of producing an affected foal.
However, nestled in the court documents, was a copy of a web page ad with Dufurrena riding Auspicious Cat, noting he stood at Pinnacle Equine Veterinary services, with Chelsea Makloski-Cohorn as Principal, with a $2,500 stud fee and marked HERDA N/N – meaning he didn’t have the HERDA gene.
Click for Auspicious cat ad in court papers>>
The Minshalls bred their mare, Miss Tassa Lena, to Auspicious Cat, with the resulting foal, Dr. Ozz, coming up positive for HERDA disease after the Plaintiffs incurred significant costs and expenses based on the Defendant’s misrepresentations and other wrongful conduct by Defendants, for which they are now seeking damages allowed by law.
Miss Tassa Lena was sired by Smart Little Lena by Doc O’Lena and out of Duntay Pistolena, whose dam also went back to Doc O’Lena. This made Dr. Ozz’s pedigree going to Doc O’Lena FOUR TIMES.
According to court documents, Dos Cats Partners is, upon information and belief, a general partnership with its principal place of business in Gainesville, Cooke County, Texas. Ed Dufurrena’s wife, Shona Dufurrena, Gainesville, Texas, is also mentioned “as an individual who may be served also – wherever she may be found.”
WHO IS SHAWN MINSHALL?
Minshall is the owner of a top-class Thoroughbred racing operation, which is ranked and held out as one of the top Canadian breeding and training operations for cutting horses.
Click for article on Minshall family>>
Click for Equine sport finds cutting edge>>
Court documents involve Dr. David Hartman of Hartman Equine Reproduction Center. During a deposition of Dr. Hartman on April 6, 2016, it was learned that Dr. Justin Voge and Dr Hartman performed the extraction of semen from Auspicious Cat for use in artificial insemination and he was responsible for handling the logistics of inseminating the mare with Auspicious Cat’s semen. They Plaintiffs claim that Hartman knew that there was a high likelihood that Auspicious Cat was a HERDA carrier while Auspicious Cat was stationed at his vet clinic. He testified that “most good sons of High Brow Cat were HERDA carriers” and he told Dufurrena such in an effort to encourage him to be responsible and test Auspicious Cat for HERDA in 2011.
The case is being held in the Eastern District of Texas, Sherman Division, because the Defendants reside in the Eastern District of Texas. Also, the Stallion Service Contract provided by the Defendants, purports to fix venue in Grayson County Texas, because “all of the terms and provisions of (The Agreement) are performable in Grayson County.
DR. HARTMAN’S RESPONSE:
Hartman’s response to the Third Amended Original Complaint filed by the Minshalls, filed April 20, 2016, denied that he engaged in any material misrepresentations and false advertising that resulted in injuries and damages to the plaintiffs related to Auspicious Cat. He denied representing that Auspicious Cat was free of the HERDA gene. He stated he did not have sufficient knowledge of most of the other allegations and although he admitted he was a Texas professional association, he denied that his principal place of business was in Gainesville, Cooke County, Texas.
Click for Dr. Hartman’s response>>
DISMISSAL WITH PREJUDICE:
In the middle of the case, Edward L. Dufurrena, Edward Dufurrena Cutting Horses LLC, Anthony and Dufurrena, Inc. and Dos Cats Partners, settled with the Minshalls. Therefore on April 28, an Order Of Dismissal with Prejudice was granted by United States District Judge Amos L. Mazzant, dismissing all parties in the suit except for Defendants Hartman Equine Reproduction Center, P.A. and Shona Dufurrena. Dismissal with prejudice, means the plaintiff is barred from filing another case on the same claim.
Click for Dismissal With Prejudice>>
PRESS RELEASE FROM PLAINTIFFS’ LAWYER:
Following the dismissal of the case, the Plaintiffs’ lawyer, Aaron J. Burke of Hartline Dacus Barger Dreyer LLP, Dallas, Texas, put out a press release on July 11, 2016, regarding the settlement of the case, stating “the owners of a nationally ranked stallion have paid $60,000 to settle claims that they made false and material misrepresentations and failed to disclose the status of their stallion as a carrier of HERDA.”
Burke said that he learned through discovery that the defendants’ stallion had indeed tested positive for HERDA years before and those results had never been revealed. He also said that “sometimes stallion owners, incentivized by large breeding fees, have been known to intentionally misrepresent a stallion’s status, claiming the stallion is not a carrier of HERDA or hiding test results.”
He also claimed his clients “had offered to settle prior to litigation for the approximate cost of raising and training the foal to that point, the defendants rejected the offer and the mare owners had no choice but to seek the court’s help in adjudicating their claims.”
Click for Attorney Aaron J Burke’s press release>>
AUSPICIOUS CAT OFFSPRING:
According to AQHA, Auspicious Cat has 138 foals, with 2 foaled in 2010, 10 in 2011, 12 in 2012, 45 in 2013, 45 in 2014, and 24 in 2015. He has sired 10 performing foals in 2016. A total of 14 of his foals have been performers.
CAUSES OF ACTION:
Causes of Action in the lawsuit include 1) Texas Deceptive Trade Practices Act against all Defendants state they indirectly engaged in false, misleading and deceptive acts and practices declared to be unlawful to the DTPA, Tex. Bus & Comm. Code 17.46(a) and (b); 2) Breach of Contract against all defendants for breaching contract dated April 15, 2012; 3) Negligent Misrepresentation and Negligence against all defendants by representing that Auspicious Cat was not a carrier of the HERDA gene; 4) Fraud against all defendants; 5) Fraudulent Concealment/Fraud by Nondisclosure against all defendants; 6) Joint Enterprise against defendants, Mr. Dufurrena, Dos Cats and HERC for obtaining profits from marketing, sales and promotion of Auspicious Cat’s semen by breed it with mares; 7)Civil Conspiracy against Defendants, Mr. Dufurrena, Dos Cats and HERC, incorporating all the previous allegations and 8) Aiding and Abetting Liability (against HERC), for assisting, encouraging and participation in Mr. Dufurrena’s negligent, tortuous and/or fraudulent conduct.
WHAT PLAINTIFFS ARE ASKING FOR:
The Plaintiffs are asking for 1) a trial by jury on all issues triable to a jury; 2) an award of up to three times Plaintiffs’ actual damages and mental-anguish damages, based on Defendants’ willful and intentional violations of the Texas Deceptive Trade Practices Act, 3) Plaintiffs’ actual damages and benefit-of-the-bargain damages; 4) an award of exemplary damages based on Plaintiffs’ fraud by nondisclosure claim based on a showing by clear and convincing evidence; 5) Plaintiffs’ attorneys’ fees, pursuant to Texas Civil Practice & Remedies Code, Texas Business and Commerce Code and other provisions of the law; 6) an award of court costs, prejudgment interest and post judgment interest and 7) any and all additional relief to which Plaintiffs show themselves to be entitled.
The Plaintiffs are demanding a jury trial which is currently tentatively set for sometime in January.
The latest item on the case in the court docket is that a Mediation Session was held on July 28, 2016 by John B. Shipp, the assigned mediator; however, the mediation did not result in a settlement. “I will continue to work with the parties to try to bring this matter to resolution,” said Shipp in the Mediator’s Report.