Attached is a copy of the Members’ Motion For The Court To Order ASHA To Appear And Show Cause Why It Should Not Be Held In Contempt Of Court. The motion was filed in Fayette Circuit Court today, and it is scheduled to be heard on Friday, July 22.
Members'MotionToHoldASHAInContempt (2.9 MiB, 4,250 hits)
Court of Appeals denies ASHA motion for stay pending appeal
Attached is a copy of the order entered on May 18, 2011 by the Court of Appeals (1) granting ASHA’s motion to file an extra brief, (2) denying ASHA’s motion for oral arguments and (3) denying ASHA’s motion for stay pending appeal. The decision was made by a panel of three judges.
05-18-11_Order_of_Court_of_Appeals (61.2 KiB, 4,113 hits)
The ASHA sued to prevent its members from inspecting ASHA’s corporate records, but the Court rejected the ASHA’s arguments and declared that Kentucky law entitles the members to inspect and copy the corporate records.
The purpose of this website is to inform the general membership of the lawsuit the American Saddlebred Horse Association brought upon the “Concerned Members.” Below are all legal documents and briefs connected to this lawsuit. The information contained on this website will assist you in forming your own opinion of these proceedings. This site will be kept updated with any new documents that may be submitted to the court regarding this matter.
Attached are copies of:
(1) the Court’s Opinion, Order and Judgment; dated December 2nd, 2010;
Court Decision (97.0 KiB, 4,505 hits)
(2) the Complaint filed by the ASHA initiating this lawsuit against certain senior members; dated October 6th, 2009;
ASHA Complaint (1.1 MiB, 5,045 hits)
ASHA Members Answers (1.4 MiB, 5,205 hits)
ASHAs Motion (2.0 MiB, 4,369 hits)
Members Motions (1.4 MiB, 4,447 hits)
ASHAs Reply (137.5 KiB, 4,158 hits)
Members Reply (64.5 KiB, 4,730 hits)
Members’ Jan. 4, 2011 Motion to Dismiss ASHA’s 4th Appeal
Appellees' Motion to Dismiss (961.3 KiB, 4,126 hits)
Attached below is the Members’ Brief filed in the Court of Appeals on December 27, 2011.
12-27-2011 Brief of Appellees (1.3 MiB, 3,771 hits)
Attached is a copy of the Order entered by the Fayette Circuit Court on November 23, 2011 holding ASHA in contempt of court and ordering ASHA to reimburse the Members/Defendants for their expenses, including attorney fees, in pursuing the motion for contempt.
11-23-11_Order_Holding_ASHA_in_Contempt (182.5 KiB, 3,479 hits)
Correspondence regarding Alan Balch’s deposition
2-23-10SAHtoIshmael.pdf (110.4 KiB, 3,471 hits)
2-23-10SAHtoStopher.pdf (124.3 KiB, 3,326 hits)
2-24-10SchedulingOrder.pdf (30.6 KiB, 3,499 hits)
3-10-10AdamsontoHoustonletter.pdf (32.0 KiB, 3,561 hits)
3-11-10SAHtoStreepey.pdf (11.8 KiB, 3,966 hits)
3-12-10AdamsontoHouston.pdf (15.8 KiB, 3,225 hits)
3-29-10HoustontoGetty.pdf (326.4 KiB, 3,115 hits)
3-30-10GettytoSAH.pdf (31.1 KiB, 3,589 hits)
5-4-10AdamsontoSAH.pdf (10.7 KiB, 3,520 hits)
5-4-10SAHtoStopher.pdf (11.6 KiB, 4,663 hits)
5-6-10AdamsontoHoustonfax.pdf (39.4 KiB, 3,438 hits)
BalchDepositionNotice.pdf (153.2 KiB, 4,205 hits)
BalchSubpoena.pdf (159.2 KiB, 3,540 hits)
HoustonlettertoCourt.pdf (110.4 KiB, 3,014 hits)
StopherlettertoCourt.pdf (47.9 KiB, 3,365 hits)
Attached is a copy of the Members’ reply in support of its motion to hold ASHA in contempt and sanction it for its conduct. The reply was filed in Fayette Circuit Court today.
The motion is now ripe for a decision, and we anticipate the Court will issue its decision soon.
11-4-11_Members'_Reply_In_Support_of_Motion_to_Hold_ASHA_in_Contempt (590.8 KiB, 9,456 hits)
Attached is a copy of ASHA’s response to the Members’ motion to hold ASHA in contempt for deleting emails, destroying computer hard drives and backup servers.
ASHA's Response to Post-Hearing Memorandum (2.8 MiB, 3,420 hits)
Click on the below link to watch the video – please be patient depending on your internet speed it could take a few minutes for the video to load.
On Friday, October 24, 2011, the Members filed their Post-Hearing Memorandum in Support of their Motion to Hold ASHA in Contempt and Sanction ASHA for deleting Mr. Balch’s email, destroying his computer and the backup server during the litigation.
Members' Post-Hearing Memo re Contempt (2.8 MiB, 3,542 hits)
Attached is a copy of the order issued by the Court of Appeals denying the request of the Kentucky Center for Nonprofit Excellence to file an Amicus Curiae Brief.
Order_Denying_Amicus_Brief (478.6 KiB, 3,389 hits)
Attached is a copy of the order issued by the Court of Appeals which:
(1) Grants ASHA’s motion to consolidate two of the cases filed by ASHA;
(2) Grants ASHA’s motion to file a consolidated brief for those two cases;
(3) Strikes ASHA’s brief which was previously filed;
(4) Denies ASHA’s request to raise additional issues; and
(5) Stays the briefing schedule.
Court_of_Appeals_Order_Starting_Process_Over (364.2 KiB, 3,495 hits)
Attached is a copy of the ASHA’s notice of filing a third case with the Court of Appeals on October 3, 2011.
ASHA's_3rd_Appeal (1.6 MiB, 4,145 hits)
Today, the Fayette Circuit Court granted the Members’ request to conduct an evidentiary hearing, including sworn testimony from ASHA representatives, regarding the Members’ motion to hold ASHA in contempt of court for destroying e-mail, the executive director’s computer and ASHA’s backup files during the litigation. The evidentiary hearing is scheduled for October 14, 2011.
ASHA Response in Opposition to Defendant Members’ Motion to Hold ASHA in Contempt and Sanction ASHA for Its Conduct to be filed 9.29.11
ASHA_Response_in_Opposition_to_Defendant_Members_Motion_to_Hold_ASHA_in_Contempt_and_Sanction_ASHA_for_Its_Conduct_to_be_filed_9.29.11.pdf (1.6 MiB, 3,151 hits)
Members’ Motion to Hold ASHA in Contempt For Destroying Records and Failing to Disclose Existence of Backups
9-22-11 Members' Motion to Hold ASHA in Contempt (7.7 MiB, 3,345 hits)
We received a copy of a motion for the Center for Nonprofit Excellence (the “Center”) to file an Amicus Brief in the Court of Appeals. The Center is a Kentucky nonprofit corporation with no members. In short, the Center argues that members’ inspection rights under KRS 273.233 should be limited. The Center failed to cite any cases in support of their position, and it ignored the precedents from other states which support the Fayette Circuit Court’s ruling.
Motion_for_Leave_to_File_Amicus_Brief (4.5 MiB, 3,750 hits)