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  1. #41
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    Well many others have said the same thing.

    The matter is likely in the hands of lawyers now rather than with GS and where there is uncertainty, it is safer to have a court order compelling production of the documents in issue..

    If the records are relevant, they will be disclosed whether by agreemnet or by court order. I'm surprised this was not dealt with in pre trial discovery of documents.


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  2. #42
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    Quote Originally Posted by NCRider View Post
    If the question of whO has a legal right to the records were in doubt (I.e. the identity of the owner or client) then if i were the vet, there's no way I would release records without a court order for fear that I'd expose myself to liability from the other party to the suit who didnt want the records released. Seems better to let the court sort it out and then release with the protection of the court order.
    Agreed. But if that was the vet's honest reaction, then his attorney should have filed an action for declaratory relief. It askes the court to make a declaration as to what the status of the parties is. Once the court does this, the vet is cleared of liability if he follows the Court's order. Such a request for delaratory relief is commonly used in such ambiguous situations

    Since he apparently has not asked the Court for guidance, but, instead has just refused to hand over the horse's records, it makes it look like he is part of the problem, not a neutral 3rd party caught in the middle.
    "I used to have money, now I have horses."


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  3. #43
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    Quote Originally Posted by ponypappy View Post
    If you look at the court documents. The parties involved have been trying to obtain copies of the records since July of last year. I don't get why they can't have copies of records they submitted bills of sale on. What if there was insurance on the horses, would the insurance company have to sue also? Does anyone know what Dr. Staller's relationship to Parra barn is?
    Have you red any of the other posts on this thread? They give plenty of reasons.
    My horse is a dressage diva so I don't have to be.

    Quote Originally Posted by katarine
    If you have a fat gay horse that likes Parelli, you're really screwed


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  4. #44
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    Mar. 8, 2009
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    The subpoena requesting the vet record was withdrawn on nov. 30th 2012.

    Since then, no more subpoena.

    The Morgans only own the horse by 55%, the rest is own by C.P.

    And C.P. was in charge, as per the bill of sale, of the care and the well-being of the horse and had to consult for major decisions.

    Enough reasons for the vet not to release the douments until asked by a judge.


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  5. #45
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    Dec. 16, 2012
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    Greg Staller is a stand-up, ethical person as well as a great veterinarian and I'm sure he's following the letter of the law.


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  6. #46
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    May. 3, 2008
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    The vet in this case is acting exactly how I would anticipate any professional service provider to act-he's waiting for the court. I certainly wouldn't expect him to do anything that requires additional expenditure on his part to expedite the resolution of the issue so that the plaintiff can get the records faster. that's not his job.
    I know the plaintiff's are probably hoping they can get at them by putting professional pressure on the vet's reputation, but he's right to wait for the court.


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  7. #47
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    Jul. 23, 2007
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    New Jersey
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    Quote Originally Posted by currycomb321 View Post
    Greg Staller is a stand-up, ethical person as well as a great veterinarian and I'm sure he's following the letter of the law.
    I agree with the above!! I first met Greg when he started his own practice and used him until I moved away and was too far away from him. About 3 years ago I actually hauled a horse 2 hours to him....that's what a good vet I think he is. And definitely stand up and I, IMHO, would not think he would do anything to screw up his own career.
    I am about to vet a horse this week and one of the questions asked for the PPE is do I want the findings shared with the owner . Since I am doing the PPE and paying...the records are mine and owner is not entitled to them without me allowing it!
    Last edited by Parrotnutz; Mar. 21, 2013 at 05:31 PM. Reason: spelling
    Adriane
    Happily retired but used to be:
    www.ParrotNutz.com


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  8. #48
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    Quote Originally Posted by ponypappy View Post
    I read it as the subpoena was withdrawn in the Parra case. This is a lawsuit against Dr. Staller. How do you know there are no more subpoena's? You did sort of point out what I don't like about this case. The owners own 55% of the horse.
    ponypappy-why do you care? Do you know the plaintiffs? We have 2 pages of people indicating that they'd do exactly what this vet is doing in this case and you still won't let it go. What's your point?


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  9. #49
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    I don't care
    Obviously.



  10. #50
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    Quote Originally Posted by NCRider View Post
    ponypappy-why do you care? Do you know the plaintiffs? We have 2 pages of people indicating that they'd do exactly what this vet is doing in this case and you still won't let it go. What's your point?
    Ponypappy is allowed to have a different opinion is she not? I for one see her point of view. Did everyone read the Exhibits.


    Forget about the Parra-Jackson case for the time being. Doesn't the owner of a horse have a right to the vet records? Does an owner have to hire an attorney or go to court to get vet records if their trainer called in a vet? That's ridiculous.

    The Jackson's have provided twice (or more) solid documentation that they owned these horses during a certain time frame which is the time frame they want the records for.
    Last edited by Moderator 1; Mar. 22, 2013 at 09:37 AM. Reason: change link format to fix page formatting


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  11. #51
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    What is your comment supposed to mean CrockPot? PP said that he/she does not care who the plaintiffs are, it is the process of the law that he/she cares about? Do you? Otherwise are you just taking sides for the entertainment value. Read the documents if you can.
    "When written in Chinese, the word "crisis" is composed of two characters, one represents danger, the other represents opportunity."

    John F Kennedy



  12. #52
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    Quote Originally Posted by ponypappy View Post
    I don't care and I do not know the plaintiffs but I DID READ THE DOCUMENTS. I am no lawyer but people keep putting things out there that are inaccurate. I do not think I am not letting it go anymore than you are. My point is READ THE DOCUMENTS so we call all make an informed decision. I am really a EM fan but I find Dr. Parra and his antics almost as bad.
    Why dont YOU read them? Exhibit E



  13. #53
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    Ponypappy-You seem to be a one trick pony. Time for turn out!!!
    Some riders change their horse, they change their saddle, they change their teacher; they never change themselves.


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  14. #54
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    Quote Originally Posted by ponypappy View Post
    You are right merrygoround. Reading comprehension seems to be like "beating a dead horse". I think I will turn my attention the most recent post on the other Parra thread.
    Funny you should use "reading comprehension" in your post...
    My horse is a dressage diva so I don't have to be.

    Quote Originally Posted by katarine
    If you have a fat gay horse that likes Parelli, you're really screwed


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  15. #55
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    Dec. 21, 2008
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    I haven't read all the court documents but is it possible that those records are being used/involved in the other case regarding the horse and so the vet can't release them? I know for a PPE the person who pays is the client and they have to give permission. Ownership doesn't matter.


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  16. #56
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    Oct. 9, 2007
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    I was at a seminar last night given by a well respected New Jersey vet. I asked him if a horse owner hired a trainer to take complete responsibility for their horse, and if the trainer hired the him, the vet, to do work on that horse; would he, the vet, release medical documents to the owner without a release from the trainer. He said that his client was the trainer and he could not release documents to the owner with out a release. He went on to say that that situation would be a huge red flag to him, and the contract between the owner and the trainer should always include a release of medial documents. He went on to say that if you are considering the purchase of a horse, you should always ask for a medical release, because he could not release information to a new owner. If a seller will not give a release to a new owner it should be a red flag to the buyer.

    I did not go into anymore detail as this was a seminar and I did not want to derail, but he seemed to know what I was talking about.


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