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☛ Metallic Cat and HERDA 5-18-17

METALLIC CAT OFFSPRING DOMINATE SUPER STAKES OPEN FINALS

 

BUT ARE BREEDERS BEING CAREFUL TO ELIMINATE HERDA?

  

By Glory Ann Kurtz
May 18, 2017
Edited May 20, 2017

 

Metallic Cat offspring dominate Super Stakes Open finals

A cutting horse dynasty started with the 1967 stallion Doc O Lena, the son of a severely foundered great mare Poco Lena. He was trained and ridden by Shorty Freeman to the championship of the 1970 NCHA Futurity, following a clean sweep of the futurity’s preliminary go-rounds, semifinals and finals. It was the bloodline that everyone wanted in a cutting horse and the most sought-after sire to breed to.

 

Next came his son Smart Little Lena, out of Smart Peppy, born in 1979, and ridden by Shorty’s son Bill Freeman. The pair not only won the 1982 NCHA Futurity, but also the NCHA Super Stakes and Derby. After he was retired to stud, his offspring won $34.9 million, according to AQHA records.

 

Showing she was just as prolific as her sire, Smart Little Lena, Smart Little Kitty produced High Brow Cat, sired by High Brow Hickory. Although he was not a great money earner himself, High Brow Cat was honored at this year’s NCHA Convention as the NCHA’s leading sire for the 12th consecutive year, having sired 483 money earners and up to 2015 had earned nearly $4 million, according to his owner Darren Blanton. Blanton stated he was “truly a magical genetic mix that only God himself could have created.” Blanton had purchased the 1998 stallion, bred by Hanes Chatham and Stewart Sewell as part of a package deal that included the colt’s mother from Jack Waggoner in January 2013.

 

METALLIC CAT
Today the bloodlines of these great cutting horses is ongoing with the 2006 stallion Metallic Cat, a double-bred Smart Little Lena offspring sired by High Brow Cat out of Chers Shadow, sired by Peptoboonsmal out of Shesa Smarty Lena by Smart Little Lena. Shesa Smarty Lena was out of Shesa Playmate (Freckles Playboy x Lenaette by Doc Olena), going back to Doc O’Lena on both the top and bottom side.
Metallic Cat Pedigree

 

Bred by the Roan Rangers, Weatherford, Texas, Metallic Cat was sold as a 2-year-old on Sept. 11, 2007 to Beau Galyean, who sold him one year later on Sept. 10, 2008 to Alvin C. Fults, Amarillo, Texas. Seven years later, on Oct. 1, 2015, Metallic Cat’s ownership was changed to Metallic Cat Ltd., Amarillo, Texas, who currently owns the stallion.
Click for Metallic Cat Ownership>> 

 

With a 2009 NCHA Futurity Championship, Horse of the Year title and an induction into the NCHA Hall of Fame under his belt, Metallic Cat is the second highest money-earning stallion (behind his sire Smart Little Lena) in the history of NCHA, earning $637,711. Beau Galyean, who owned the stallion at one time, rode the stallion in the finals of all the major events and never lost a cow. He is the highest money earning stallion of all of High Brow Cat’s offspring and the highest money-earning aged-event stallion in a 27-year-history.

 

According to Quarter Horse News statistics, the highest money-earning offspring of High Brow Cat is the mare Dont Look Twice, owned by Phil and Mary Ann Rapp, Weatherford, Texas, earning $845,476. It’s interesting to note that the two highest money-earning horses, all-ages, all-divisions, follow the same bloodlines, with Red White And Boon (88g), being sired by Smart Little Lena and Sister CD (02g) being sired by CD Olena, a son of Doc O’Lena.

 

Metallic Cat was the NCHA Sire of the Year in 2016 and with 1,894 offspring currently registered with AQHA, they have earned over $12.2 million. He is standing at the Fults Ranch in conjunction with Timbercreek Veterinary Hospital, for a $10,000 breeding fee.

 

METALLIC CAT’S GREATEST ACHIEVEMENT AS A SIRE:
However, Metallic Cat’s greatest achievement so far has been the recently held NCHA Open Super Stakes Finals that paid out $635,528, with High Brow Cat and his offspring as sires took home 74 percent of the total Open Finals purse – or $471,949! Metallic Cat, with nine Open finalists, earned 53 percent ($334,148) of the Total Open Finals purse.

 

2016 NCHA FUTURITY & 2017 SUPER STAKES OPEN FINALS:
I took the results of the Open finals of the 2016 NCHA Futurity and the 2017 NCHA Super Stakes, pulling out the offspring of Metallic Cat that earned money, offspring of High Brow Cat that won money and the offspring of High Brow Cat (other than Metallic Cat) whose offspring won money.

 

2016 NCHA Futurity
In the Open finals of the 2016 NCHA Futurity, a $1,516,020 total purse was paid out, with High Brow Cat’s offspring as sires winning $238,486 (16 percent of the total Open Finals purse); Metallic Cat offspring winning $312,778 (21 percent) and other sons of High Brow Cat’s offspring taking home $328,933 (22 percent), for a total of $880,197 or 58 percent of the total Open Finals purse.

 

2017 NCHA Super Stakes
However, the 2017 NCHA Super Stakes was a deal breaker. With a $635,528 total Open Finals purse being distributed among 21 finalists, in the Open Finals High Brow Cat and his offspring as sires – won $471,949 – or 75 percent of the total Finals purse. Only 33 percent of the finals horses were not High Brow Cat bred. Nine of 14 High Brow Cat-bred money earners (64 percent) were sired by Metallic Cat and they earned $334,148 or 52.6 percent of the total Open finals purse. They included the Champion Hashtags, the Reserve Champion Melting Snow, 4th place Some Like It Metallic, 5/6 tie Metallic Ina, 7/9 tie Kopykat, 12/13 tie Metallic Boom, 15 Kreepin Cat, 16/18 Johnny English and Magnetik Playboy.

 

Three more finalists were sired by other sons of High Brow Cat, including Bet Hesa Cat, Herding Cats and WR This Cats Smart. There were also three that were not related to High Brow Cat on the top side but they were out of mares sired by High Brow Cat and his son Smooth As A Cat. That left only four horses in the 21-horse finals (19%) that were not High Brow Cat related. (Incidentally, the Super Stakes Champion Hashtags, owned by Jose Raul Garcia, Caracas, Venezuela, ridden by Tatum Rice, was the only Metallic Cat offspring that took home an Open Finals paycheck in both the 2016 NCHA Futurity and the 2017 Super Stakes.)

3) Click for 2017 NCHA Super Stakes Open Finals>>

 

WHAT’S THIS GOT TO DO WITH HERDA?
A lot! In March I spent seven days at a jury trial in the United States District Court for the Eastern District of Texas, Sherman Division in Sherman, Texas, to settle a lawsuit brought by Shawn, Lisa and Lauren Minshall, Hillsburg, Ontario, Canada, against David Hartman DVM, owner of Hartman Equine Reproduction Center, P.A. (HERC), Gainesville, Texas. Prior to the trial Edward and Shona Dufurrena, who headed up Dos Cats Partners, Gainesville, Texas, the owners of the stallion Auspicious Cat, a stallion they had advertised as being HERDA N/N and told to the mare owners and Dr. David Hartman, the veterinarian that collected him and shipped semen, that he was HERDA N/N.

 

THE HERDA LAWSUIT:
However, it was later discovered the stallion was H/N – or a carrier of HERDA. The Minshalls had bred their Smart Little Lena mare that was H/N to the stallion and as a result had a full-blown HERDA affected offspring named Otto, with lesions on his body appearing while he was in training. They testified in court that they had previously been told by Dufurrena that Auspicious Cat was HERDA N/N.

 

When the Minshalls threatened to sue the Dufurrena’s, they immediately settled. The amount of the settlement is unknown since it was a private transaction. The Minshalls then sued Dr. Hartman, owner of HERC. The jury found the Dufurrena’s 60 percent responsible, the Minshalls 30 percent responsible and Hartman only 10 percent responsible; however, no damages were announced at the trial.

 

However, on March 30, 2017, the Minshall’s lawyers sued Dr. Hartman, who collected the semen from Auspicious Cat and shipped it to the Minshalls, for legal fees of $203,535. (In a previous article I said that the Minshalls had sued Hartman for legal fees; however, Lauren Minshall called me and said it was the lawyers who filed – even though that was not noted in the lawsuit documents, as, according to legal advice given me, the lawyers had to go through the original lawsuit to sue Hartman for legal fees.)

Click for Minshall lawsuit>> 

 

Almost a month later, Judget Mazzant issued a Final Judgment on April 26, 2017, that said, “Based on Memorandum Opinion and Order and the verdict, it is ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of Plaintiffs Shawn Minshall, Lisa Victoria Minshall and Lauren Victoria Minshall in the amount of $3,000 plus costs and pre- and post-judgment interest thereon at the rate provided by law, against Defendant Hartman Equine Reproduction Center, P.A

Click for Final Judgment>>

 

ATTORNEY FEES:
On that same date, Judge Mazzant issued a Memorandum Opinion and Order, which said, “The jury only found Defendant negligent and did not find Defendant liable under any other cause of action.”

 

The Memorandum continued, “The Plaintiffs argued they were statutorily entitled to attorneys’ fees under Civil Practice and Remedies Code Section 38.001(6), which states that ‘a person may recover reasonable attorneys’ fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for … killed or injured stock.’ ”

 

It continued, “Plaintiffs’ complaint did not seek recover of attorneys’ fees under Section 38.001(6). Further the jury did not make any findings regarding whether Otto was ‘injured’ for purposes of Section 38.001(6). Plaintiffs’ request for attorneys’ fees is denied.”
Click for Memorandum-Opinion>>

 

MOTION TO RECONSIDER:
On May 9, the Plaintiffs Motion to Reconsider Memorandum Opinion Order, denying Plaintiffs’ Motion for entry of Judgment (Dkt #1351) and Motion to Amend Final Judgment (Dkt #136) in which the Plaintiffs requested the Court amend the Final Judgment and award Plaintiffs $16,340.80, 10 percent of the total compensatory damages award of $16,340.80, $203,535 in reasonable and necessary attorneys’ fees and for such other and further relief in law or in equity to which Plaintiffs may show themselves justly entitled. Pursuant to Local Rule CV-7(g), and Plaintiffs requested an oral hearing.

 

CERTIFICATE OF CONFERENCE:
On May 9, 2017, Drew Thomas, counsel for Plaintiffs, emailed Caleena Svatek, counsel for Defendant, regarding this motion. No agreement could be reached due to an irreconcilable difference of opinion regarding Texas law on negligence and attorneys’ fees. Caleena Svatek confirmed Defendant was opposed to Plaintiffs’ motion via email correspondence on May 9, 2017. The discussions have ended in an impasse, leaving an open issue for the Court to resolve.

 

CASE CLOSED:

That Conference was the final legal document and after that document, the case was marked, “Case Closed.”

Denying Plaintiffs Motion=final judgment 5-9-17

 

LESSONS LEARNED FROM THIS LAWSUIT:
These lawsuits were the results of a HERDA H/N (carrier) stallion being bred to a HERDA H/N (carrier) mare and they show how expensive the results can turn out to be – especially if the sire is not advertised correctly. I checked with the AQHA (Since the trial, you can now call the registration department of the AQHA and find out the HERDA status of any horse) and Metallic Cat is H/N (a HERDA carrier) – even though his HERDA status was not advertised on the current ads for the stallion. Obviously Auspicious Cat (and for that matter Metallic Cat) SHOULD NOT have been bred to a HERDA H/N mare, as proven by the birth of Otto, with full-blown HERDA.

 

However, breeders evidently did their breeding to Metallic Cat, or other sons of High Brow Cat, correctly, (as far as HERDA is concerned) in this case, as their offspring in the 2017 NCHA Super Stakes Open finals, included the 14 High Brow Cat-bred finalists that were out of mares sired by Dual Rey, Dual Pep (2), Spots Hot, Doc’s Hickory, Peptoboonsmal (2), Dulces Smart Lena, Freckles Playboy (3), Docs Stylish Oak, Son Of A Doc and Hesa Peptospoonful.
Click for Metallic Cats Offspring

 

However, we don’t know how many offspring of Metallic Cat were born with HERDA symptoms after he was crossed with HERDA H/N mares – or if there were any in the 2013 crop of 321 foals registered with the AQHA. I only checked the nine in the 2017 NCHA Super Stakes Open Finals.

 

A disturbing fact that came out of the trial was that the owners of several stallions who are H/N (carriers of the HERDA gene) have advertised if, as a result of their breeding to a particular stallion, the offspring is born with HERDA symptoms, the mare owner will receive a rebreed. To me, this encourages breeding for possible “throw-away” horses, as the Minshall lawsuit exposes what it costs to keep one.

 

AS A RESULT, AQHA CUTTING HORSE GENETIC POOL IS SHRINKING
On Jan. 15, 2015, I published an article on www.allaboutcutting.com written by Rick Dennis and entitled “American Quarter Horse Genetic Pool Shrinks,” which revealed an article in the American Quarter Horse Journal, stating that “the present state of the breed is becoming more and more inbred” (It is now worse two years later) and AQHA is allowing it even though AQHA’s Mission Statement includes “maintaining the welfare of its horses.” I am including a link to this article as I feel every breeder of cutting horses should read and digest it. In short, according to the article, the “highest average inbreeding was found in Quarter Horses bred for cutting.

 

According to Dr. Molly McCue, “The study found that due to the contribution of popular sires, relatedness within the groups is on the rise. This increase in relatedness, or co-ancestry, is likely to lead to an increase in the number and extent of inbred individuals.”

 

Since the AQHA’s Mission Statement in part is “To record and preserve the pedigree of the American Quarter Horse while maintaining the integrity of the breed and welfare of its horses,” Dennis questioned whether the executives at the AQHA, their Executive Committee members, especially the Stud Book and Registration Committee, had any forethought about the ramifications their expansive breeding rule adoptions would have on the Quarter Horse breed and industry over time.

 

As a “risk analyst,” Dennis examined the specific breeding rules adopted by the AQHA, namely Multiple Embryo Transfer and Frozen Semen, which he felt is aiding the inbreeding of cutting horses, which he feels is actually a form of “animal cruelty.”

Click for AQHA Genetic Pool Shrinks>>

 

Although the Minshalls spent a lot of money on a lawsuit without receiving much in return, I thank them for getting a “set precedent” on the court case as far as responsibility is concerned, getting the AQHA to make HERDA information available to all members on every registered horse (currently by a phone call and later when their new computer system is online), as well as all the other valuable information for breeders of cutting horses that came out in court.

 

 

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