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17Re: Court Digest - April, 2007

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  • equineteacher88
    Apr 18, 2007
    • 0 Attachment
      Thank you Jennifer for keeping us informed. We, the general
      membership need to be kept up to date on happenings. Leslie

      --- In gregkersten@yahoogroups.com, "Greg Kersten" <gregkersten@...>
      wrote:
      >
      >
      > Thank you all for your patience as you wait for the "
      translation" of what the recent
      > events in court actually mean. I think we have almost gotten our
      head around the
      > decisions in order to explain them. . .
      >
      > 1. First, in the hearing regarding the Judge's decision to award
      attorney's fees to EAGALA
      > (for their response to the initial complaint Greg filed on behalf
      of EAGALA), the award was
      > limited to the actual amount spent in areas and on motions
      prescribed by the Judge.
      >
      > EAGALA claimed that they were entitled to over $40,000 for
      attorney's fees specifically
      > covered by the Judge's prescription.
      >
      > Greg's attorney spent a good amount of time researching these fees,
      and delineating
      > which of the fees were actually legitimate.
      >
      > The Judge's memorandum decision was entered on March 16, 2007, and
      awarded $14,038
      > to EAGALA for legitimate attorney's fees. The Judge stated, "The
      Court agrees with
      > Plaintiff (Greg Kersten) that despite the limited scope of the
      Court's decision awarding
      > attorney fees, defense (EAGALA) counsel's Affidavits appear to
      claim an award of all, or
      > nearly all, attorney fees expended on all activities for
      Defendants." The Judge refused to
      > grant thousands of dollars in unrelated attorney fees and travel
      expenses – including
      > those for the private jet chartered by board members to fly from
      Omaha to Salt Lake City.
      >
      > The Court also awarded $3,600 to Greg for attorney's fees incurred
      when his attorney had
      > to research and segregate the fees.
      >
      > In the same memorandum decision, the Court found that Greg had
      purged himself of
      > contempt, and the Court accepted the Proposed Order Denying
      EAGALA's Motion to
      > Compel Service of Sentence, and the Court accepted Greg's Order
      Denying EAGALA's
      > Motion to Enforce Settlement.
      >
      > 2. Next, on April 9, 2007 we attended the hearing on the Motion for
      Contempt against
      > EAGALA for selling the truck and horse trailer Greg had turned over
      to EAGALA in Feb.
      > 2006 – this sale was against the Judge's order, as he recognized
      that there was a clear
      > dispute as to the ownership of the truck and horse trailer.
      >
      > Because Lynn Thomas (current President and CEO of EAGALA) and
      Mickey DiGiacomo
      > (EAGALA's Equine Director) were both present in court on the day
      the Judge issued that
      > order from the bench, Lynn Thomas and Mickey DiGiacomo were both
      found guilty of
      > contempt of court and sentenced to 30 days in jail and a fine of
      $1000.
      >
      > The Judge offered to stay this sentence and purge the contempt
      ruling if they each pay a
      > fine of $200 and serve two days of community service within 30
      days.
      >
      > Greg was also awarded the attorney's fees (to be determined) which
      were required to bring
      > this motion against EAGALA (this amount will be deducted from the
      balance he owes
      > EAGALA from above).
      >
      > 3. Also, on Friday, April 6, Greg's attorney sent a "Cease and
      Desist" letter to EAGALA
      > demanding that they stop using, demonstrating, and selling his
      intellectual property –
      > exercises, models, and techniques to folks who are paying to go
      through "EAGALA's"
      > training program.
      >
      > As you may know, Greg created the exercises which formed the basis
      of EAGALA's
      > certification program – many of these exercises were taught and
      used under Greg's
      > company Equine Services, Inc. before EAGALA ever existed.
      >
      > We have reason to believe that EAGALA continues to use and
      demonstrate this intellectual
      > property without authorization, license, or permission in its
      certification training program.
      > This will be the basis of a lawsuit for unauthorized use and sale
      of
      > intellectual property as matters progress.
      >
      > On a personal note, it is encouraging that the Court seems to be
      concurring with our views
      > on the above issues.
      >
      > When it comes to attorney's fees, I believe Greg makes a good
      point – he believes that he
      > is actually paying all of EAGALA's attorney's fees as long as they
      continue to make money
      > by selling his ideas, techniques, and intellectual property,
      because Lynn Thomas has
      > admitted to using the nonprofit's funds to pay their attorney.
      >
      > If you are curious or concerned . .
      >
      > You know where to find us if you have any further information or
      questions.
      > 1-866-391-6565.
      >
      > We are not so naive as to believe that the current leadership of
      EAGALA sees things the
      > same way we do, so we do hope you will also follow up with them
      with any questions or
      > concerns you might have.
      >
      > If you don't know what to think or believe about this whole legal
      mess, we would be so
      > happy if you would simply pray for justice.
      >
      > Sincerely,
      >
      > Jennifer Kersten
      >
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