July 14, 2011 – Members’ Motion to Hold ASHA In Contempt.

July 14th, 2011

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, 1,901 hits)

May 18th, 2011 -Three Judge Panel Rules in Favor of Concerned Members Again.

May 19th, 2011

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, 1,736 hits)

ASHA loses the lawsuit it filed against some of its members.

December 10th, 2010

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, 2,067 hits)

(2) the Complaint filed by the ASHA initiating this lawsuit against certain senior members; dated October 6th, 2009;

  ASHA Complaint (1.1 MiB, 2,259 hits)


(3) the Answer and Counterclaim filed on the members’ behalf; dated August 25th, 2009;

  ASHA Members Answers (1.4 MiB, 2,319 hits)


(4) ASHA’s Motion for Summary Judgment; dated April 15, 2010;

  ASHAs Motion (2.0 MiB, 2,075 hits)


(5) the Members’ Motion for Summary Judgment; dated May 14th, 2010;

  Members Motions (1.4 MiB, 1,893 hits)


(6) ASHA’s Reply Brief; dated June 1st, 2010;

  ASHAs Reply (137.5 KiB, 1,914 hits)


(7) the Members’ Reply Brief; dated June 15th, 2010;

  Members Reply (64.5 KiB, 1,965 hits)

January 5, 2012 – Motion to Dismiss

January 5th, 2012

Members’ Jan. 4, 2011 Motion to Dismiss ASHA’s 4th Appeal

  Appellees' Motion to Dismiss (961.3 KiB, 1,512 hits)

December 29, 2011 – Members’ Brief filed in the Court of Appeals

December 29th, 2011

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, 1,486 hits)

November 23, 2011 – Circuit Court Order Holding ASHA in Contempt and Orders ASHA to Reimburse Members

November 23rd, 2011

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, 1,453 hits)

November 18, 2011 – Correspondence regarding Alan Balch’s deposition

November 18th, 2011

Correspondence regarding Alan Balch’s deposition

  2-23-10SAHtoIshmael.pdf (110.4 KiB, 1,471 hits)


  2-23-10SAHtoStopher.pdf (124.3 KiB, 1,392 hits)


  2-24-10SchedulingOrder.pdf (30.6 KiB, 1,402 hits)


  3-10-10AdamsontoHoustonletter.pdf (32.0 KiB, 1,378 hits)


  3-11-10SAHtoStreepey.pdf (11.8 KiB, 2,128 hits)


  3-12-10AdamsontoHouston.pdf (15.8 KiB, 1,412 hits)


  3-29-10HoustontoGetty.pdf (326.4 KiB, 1,308 hits)


  3-30-10GettytoSAH.pdf (31.1 KiB, 1,387 hits)


  5-4-10AdamsontoSAH.pdf (10.7 KiB, 1,787 hits)


  5-4-10SAHtoStopher.pdf (11.6 KiB, 2,952 hits)


  5-6-10AdamsontoHoustonfax.pdf (39.4 KiB, 1,374 hits)


  BalchDepositionNotice.pdf (153.2 KiB, 1,758 hits)


  BalchSubpoena.pdf (159.2 KiB, 1,392 hits)


  HoustonlettertoCourt.pdf (110.4 KiB, 1,267 hits)


  StopherlettertoCourt.pdf (47.9 KiB, 1,345 hits)

November 7, 2011 – Members’ reply in support of its motion to hold ASHA in contempt.

November 7th, 2011

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, 2,993 hits)

October 31, 2011 – ASHA’s Response to Post-Hearing Memorandum re Contempt

October 31st, 2011

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, 1,608 hits)

October 25, 2011 – Video of William Woods Testimony – Court Transcript

October 24th, 2011

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.

Woods Video Transcript

 

October 24, 2011 – Members’ Post-Hearing Memo re ASHA’s destruction of records, computers and backup servers

October 24th, 2011

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, 1,629 hits)

October 4, 2011 – Order Denying Amicus Brief

October 4th, 2011

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, 1,430 hits)

October 4, 2011- Order Issued by Court of Appeals

October 4th, 2011

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, 1,548 hits)

October 3, 2011 – ASHA’s Third Appeal.

October 3rd, 2011

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, 1,557 hits)

September 30, 2011 – Today’s Ruling by the Court

September 30th, 2011

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.

September 29, 2011 – ASHA’s Response to Members’ Motion to Hold ASHA in Contempt

September 29th, 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, 1,475 hits)

September 23, 2011 – Members’ Motion to Hold ASHA in Contempt

September 23rd, 2011

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, 1,617 hits)

September 14, 2011 – Motion for Leave to File Amicus Brief

September 14th, 2011

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, 1,608 hits)