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  • #41
    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.

    Comment


    • #42
      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.
      "He lives in a cocoon of solipsism"

      Charles Krauthammer speaking about Trump

      Comment


      • #43
        Originally posted by ponypappy
        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.
        Originally posted by Silverbridge
        If you get anything on your Facebook feed about who is going to the Olympics in 2012 or guessing the outcome of Bush v Gore please start threads about those, too.

        Comment


        • #44
          The subpoena requesting the vet record was withdrawn on nov. 30th 2012.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.
          ~ Enjoying some guac and boxed wine at the Blue Saddle inn. ~

          Originally posted by LauraKY
          I'm sorry, but this has "eau de hoarder" smell all over it.
          HORSING mobile training app

          Comment


          • #45
            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.

            Comment


            • #46
              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.

              Comment


              • #47
                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, 05:31 PM. Reason: spelling
                Adriane
                Happily retired but used to be:
                www.ParrotNutz.com

                Comment


                • #48
                  Originally posted by ponypappy
                  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?

                  Comment


                  • #49
                    I don't care
                    Obviously.

                    Comment


                    • #50
                      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, 09:37 AM. Reason: change link format to fix page formatting

                      Comment


                      • #51
                        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.
                        "We, too, will be remembered not for victories or defeats in battle or in politics, but for our contribution to the human spirit." JFK

                        Comment


                        • #52
                          Originally posted by ponypappy
                          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
                          ~ Enjoying some guac and boxed wine at the Blue Saddle inn. ~

                          Originally posted by LauraKY
                          I'm sorry, but this has "eau de hoarder" smell all over it.
                          HORSING mobile training app

                          Comment


                          • #53
                            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.

                            Remember the horse does all the work, we just sit there and look pretty.

                            Comment


                            • #54
                              Originally posted by ponypappy
                              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...
                              Originally posted by Silverbridge
                              If you get anything on your Facebook feed about who is going to the Olympics in 2012 or guessing the outcome of Bush v Gore please start threads about those, too.

                              Comment


                              • #55
                                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.

                                Comment


                                • #56
                                  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.
                                  www.headsupspecialriders.com

                                  Comment

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