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☛ SAFE act reintroduced in Congress 2-22-17

Posted by on Feb 22, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, EQUI-VOICE, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

SAFE ACT TO BE REINTRODUCED IN CONGRESS – AGAIN

Feb. 22, 2017

According to an article by Pat Raia in The Horse, a bipartisan group of Congressmen has reintroduced legislation that would declare horsemeat unfit for human consumption and ban the transport of American horses to foreign processing plants. The bill is the latest attempt to outlaw the purchase and transport of U. S. horses for slaughter.

In recent years, federal lawmakers have introduced legislation that would prevent the transport of horses to foreign process plants and would have prevented equine processing plants from ever opening in the United States and would have banned the transport of horses to foreign plants for processing. This legislation would also have protected consumers from horseman derived from animals injected with drugs and other substances; however, the bill died before getting a vote on the congressional floor.

The bill has been referred to the House Committee on Agriculture, where it remains pending.

Click for SAFE ACT article>>

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Minshall v Hartman trial back on for Feb. 27, 2017

Posted by on Feb 21, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

MINSHALL V HARTMAN TRIAL BACK ON FOR FEB. 27

By Glory Ann Kurtz
Feb. 21, 2017

The Shawn Minshall v Hartman (HERC) trial is back on. An order by United States District of Texas Judge Amos L. Mazzant, dated today, Feb. 21, says that the Defendant Hartman Equine Reproduction Center, P.A.’s Emergency Motion for Continuance of Trial Setting and Defendant Hartman Equine Reproduction Center, P.A.’s Unopposed Emergency Motion for continuance of the Trial Setting are hereby DENIED. Therefore the trial will go as as previously scheduled on Feb. 27, 2017 at the Eastern District Of Texas, Sherman Division.

Click for Motion to Continue Denied>>

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☛ Minshall v Hartman trial set for later date 2-19-17

Posted by on Feb 19, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

MINSHALL V HARTMAN TRIAL GRANTED EMERGENCY MOTION TO CONTINUE TRIAL AT LATER DATE

By Glory Ann Kurtz
Feb. 19, 2017

An order dated Feb. 17, 2017 by the United States Court for the Eastern District of Texas, Sherman Division, granted the continuance of the Shawn Minshall vs Hartman Equine Reproduction Center case to an undetermined later date following an emergency motion by Hartman’s lead lawyer William H. Chamblee.

Court documents disclosed that Chamblee was unexpectedly in trial in a medical malpractice case in Dallas County, Texas.

The document, signed by Chamblee said, “Because it is imperative that Defendant have his lead counsel of his choosing defend this case at trial and the current trial length was unforeseeable, Defendant emergently requests a continuance of the current trial setting .

Click link for Emergency Motion>>

Click for Order Granting Continuance>>

 

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☛ Michael Carlyle dies in accident 2-17-17

Posted by on Feb 17, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, INDUSTRY NEWS, WHO, WHAT & WHERE | 0 comments

MICHAEL CARLYLE KILLED IN MOTORCYCLE ACCIDENT

Feb. 17, 2017

Michael Carlyle, Weatherford, Texas, a top Amateur rider in the NCHA was struck and killed on Thursday morning, Feb. 16 on a roadway near his home on Briarwood Street, south of Weatherford. According to the Weatherford Democrat, a pickup driver failed to give Carlyle half the roadway.

Carlyle, 64, was riding a 2015 Harley Davidson motorcycle near his home when the crash occurred. A northbound 2007 Dodge Ram pickup, driven by 31-year-old Clinton F. Zoski, was headed in the opposite direction when the pickup struck the motorcycle head on.

Carlyle was transported to Weatherford Regional Medical Center where he was pronounced dead around noon.

Carlyle was a well-known cutter, and had close to $118,000 in lifetime earnings.

At press time, funeral services were pending.

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☛ NCHA has opening for CFO 2-17-17

Posted by on Feb 17, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ORGANIZATIONS, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

NCHA HAS JOB OPENING FOR A CHIEF FINANCIAL OFFICER

Feb. 17, 2017

The NCHA is advertising for a Chief Financial Officer, who will be responsible for directing the organization’s financial planning and accounting practices. Additionally, this position manages the administrative and business management functions of the Association Headquarters.

The new CFO’s duties and responsibilities will include: to focus on process improvement and business enhancements. Responsible for all internal business processes and procedures; Oversee and direct budgeting, audit, tax, accounting, purchasing, real estate, long-range forecasting, and insurance activities for the organization; direct the Controller in providing and directing procedures and computer application systems necessary to maintain proper records and to afford adequate accounting controls and services; appraises the organization’s financial position and issues scheduled reports on the organization’s financial stability, liquidity, and growth; manage and direct Human Resources Department, including overseeing employee evaluations and payroll; coordinate tax reporting for both the Association and the Foundation; analyze, consolidate and direct all cost accounting procedures together with other statistical and routine reports for formal presentation to the NCHA Board of Directors and Association general membership; oversee and direct the preparation and issuance of the corporation’s annual report; direct and analyze studies of general economic, business, and financial conditions and their impact on the organization’s policies and operations and analyze operational issues impacting functional groups and the whole institution and determine their financial impact and have the ability to evaluate department silos and look for efficiencies in practice.

The requirements for the position include being able to present financial information to small and large groups (i.e.) Executive Committee, various committees, members, employees and general membership; be proficient in technology development trends and the importance of strategic software development. Experience in both 501.c.5 and 501.c.3 non-profit associations beneficial.

Equine association background is also beneficial. Must be proficient with business computing and financial reporting systems as well as Microsoft Office including Word, Excel and Access.

Education and Experience must be a Bachelors or higher degree in Accounting or Finance; a strong understanding of accounting theory; five-plus years accounting/finance experience; CPA a plus but not required.

Other skills and abilities include the ability to foster and cultivate business opportunities and partnerships. Must have strong interpersonal skills to support leadership, management, negotiation and problem-solving functions of this role.

Excellent judgement and discretion; ability to handle multiple priorities simultaneously, meet deadlines, and handle work-related stress is required.

Friendly, courteous, service-oriented, professional, outgoing, and customer service oriented. Remain calm and professional in stressful situations. Detail oriented while maintaining an extremely positive attitude. Must be able to work independently and productively with minimum supervision. Recognize problems, identify possible causes and resolve routine problems.

Team player with a “can-do” attitude that can work in a fast-paced environment. Ability to establish and maintain professional atmosphere for employees, clients, and customers.

Other qualifications include: Knowledge of laws, regulations, and rules governing work requirements for nonprofit organizations; organizational development, human resources, and operations.

The application procedure is to send a resume and cover letter to nchacareers@nchacutting.com.

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☛ HERDA lawsuit trial set for Feb. 27 in Sherman, Tx 2-15-17

Posted by on Feb 15, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE LAWSUITS, INDUSTRY NEWS, LAWSUITS & INDICTMENTS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

HERDA LAWSUIT TRIAL SCHEDULED FOR FEB. 27 IN U.S. DISTRICT COURT IN SHERMAN, TEXAS

 

MINSHALLS ACCUSE DAVID HARTMAN DVM OF SEVEN VIOLATIONS, INCLUDING FRAUD BY NON-DISCLOSURE

 

By Glory Ann Kurtz
Feb. 15, 2017
New information on trial date and HERDA Feb. 20, 2017

A court date of Feb. 27, 2017 has been set for trial regarding a lawsuit originally filed on Oct. 30, 2015 by Shawn, Victoria and Lauren Minshall against Edward Dufurrena, Edward Dufurrena Cutting Horses, Anthony and Dufurrena Inc., Gainesville, Texas; Hartman Equine Reproduction Center and Dos Cats Partners. A jury trial will begin at 10 a.m., Monday, Feb. 27 at the Paul Brown United States Courthouse, 101 E. Pecan Street, Room 208, Sherman, Texas 75090.

Hartman Jury trial 2-27-17

NOTE: An order dated Feb. 17, 2017 by the United States Court for the Eastern District of Texas, Sherman Division, granted the continuance of this trial to an undetermined later date following an emergency motion of Hartman’s lead lawyer, William H. Chamblee, who was unexpectedly in trial in a medical malpractice case in Dallas County, Texas.

Shawn and Lisa Victoria Minshall, Hillsburgh, Ontario, Canada, and Lauren Victoria Minshall, Pine Grove, Ky., originally filed the lawsuit against the above-mentioned defendants, alleging the Plaintiffs suffered specific damages arising from the fact that they had bred their mare to Auspicious Cat, a stallion owned by the defendants, and the mare produced a foal that suffered from HERDA. The filings continued saying the defendants specifically misrepresented the HERDA designation on Auspicious Cat in an advertisement prior to the breeding, stating that Auspicious Cat was HERDA negative or HERDA N/N.

 

Over time, Dufurrena’s wife, Shona, was added to the lawsuit, after which she settled, as did all of the defendants except David Hartman of Equine Reproduction Center (HERC). Hartman was standing Auspicious Cat at his facility, a stallion station and veterinarian practice operated by him at the time the Plaintiffs bred their mare, Miss Tasa Lena, to Auspicious Cat. HERC facilitated the breeding by collecting, freezing and shipping Auspicious Cat’s semen to the Plaintiffs from HERC’s stallion station and charged the Plaintiffs a “chute fee.”

 

NATURE OF PLAINTIFF’S ACTION:

The plaintiffs are currently bringing action against HERC for 1) violations of the Texas Deceptive Trade Practices Act, 2) negligent misrepresentation and negligence, 3) fraud by nondisclosure, 4)fraud, 5) joint enterprise, 6) civil conspiracy and 7) aiding and abetting. The result of this breeding was a HERDA-affected (HRD/HRD) foal named Dr. Ozz, which was discovered through testing on May 1, 2015.

 

Due to the nature of the disease, the Plaintiffs claim they have incurred damages and subsequently filed suit against HERC. The Plaintiffs contend that HERC intended to assist or participate in the fraudulent scheme with the Dufurrenas to intentionally misrepresent Auspicious Cat’s HERDA status to attract more customers who would otherwise avoid breeding their mares to a HERDA-carrier stallion.

Click for Pretrial Order>>

 

HARTMAN’S RESPONSE:

In his response, Dr. Hartman stated the Dufurrenas were clients of Hartman, not partners, and they simply paid for the service of collecting semen from Aspicious Cat and shipping it to whomever the Dufurrena defendants sold that semen to. He says there is no rule, statute, regulation or standard of care of any kind supporting the Plaintiffs’ position that Hartman Equine must require or encourage stallion owners to test their stallions for HERDA, much less disclose that information without the consent of the stallion owner.

 

He continued, “The Dufurrenas, as the owners of their property, always had sole control over what happened to its property, as is evidenced by the removal of their stallion from Hartman Equine and placing him at another facility. Stallion stations across the nation advertise other people’s stallions standing at its facility with owner consent to do so. To hold every single client-stallion station/veterinary relationship as a joint venture and liable for one another’s conduct would destroy the equine industry.” Continuing his argument, Hartman said that the Plaintiffs acknowledge that Hartman Equine never made any representations to Plaintiffs about the HERDA status of the stallion they chose to breed with.

 

He said, “Instead of taking responsibility for not adequately researching Auspicious Cat’s genetic status and relying solely on the word of the Dufurrenas, they now want to place blame on Hartman Equine for seeking a “profit.”

 

He claimed that the Dufurrenas lied to him about the genetic status of their horse in much the same way they did to the Plaintiffs and that the only one responsible for disclosing any information about a stallion is the stallion’s owner. Hartman said in his response that the Plaintiffs’ claims center around whether Hartman Equine must require genetic testing of all stallions it collects and disclose that information to the public. He continued that that duty does not exist and is not supported by any industry standard.

Click for Hartman response >>

 

WHO IS SHAWN MINSHALL?

Minshall is said in previous published articles to be 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.

 

WHAT IS 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 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. It is critical for stallions or mares that are HERDA carriers to select matings to horses that are N/N (lacking the HERDA mutation). Not using this approach and crossing a carrier to another carrier will produce HERDA-affected foals 25 percent of the time on average. It was brought up in Hartman’s response that the Minshall’s mare was a HERDA carrier.

 

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