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NGB Dispute -- NJ Court Rules in Against USET (Again) BRREAKING NEWS - USET WITHDRAWS CHALLENGE (pg 2)

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  • #41
    BREAKING NEWS

    The USET withdrew the challenge today.

    More will be posted as available.
    co-author of 101 Jumping Exercises & The Rider's Fitness Program; Soon to come: Dead Ringer - a tale of equine mystery and intrique! Former Moderator!

    Comment


    • #42
      WHAT!! Weatherford! You can't leave us hanging like this!!

      <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Weatherford:
      BREAKING NEWS

      The USET withdrew the challenge today.

      More will be posted as available.<HR></BLOCKQUOTE>

      Whimper.

      ** Dear Cupid: All I really want for Valentine's Day is flying LEAD CHANGES!! **
      Congratulate me! My CANTER cutie is an honor student at Goofball University!

      Comment


      • #43
        I assume this is the challenge to be the NGB, right? But quite frankly I am not sure how many challenges are actually out there at this point, but I assume we are talking about THE challenge... As DMK echoes Beezer's sentiments...

        "But every time I read the papers, that old feeling comes on;
        We're -- waist deep in the Big Muddy, and the big fool says to push on.
        Pete Seeger

        Your crazy is showing. You might want to tuck that back in.

        Comment


        • #44
          and the Seidel complaint?
          and the compliance action?

          what's going on with those matters?
          Nothing says "I love you" like a tractor. (Clydejumper)

          The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

          Comment


          • #45
            If you read the transcript posted earlier, the Judge made it crystal clear that EVERYTHING USET had done since the 94/95 BOD passed a resolution restricting voting membership without also amending either the bylaws or the Incorporation papers was NULL and VOID.

            The Seidel complaint was privately filed by him, not USET, so I suppose that could still stand, depending on what the underpinnings are, but anything USET itself filed would have to be withdrawn until they go back to 94/95 and start over ....

            JMHO of course, and I am not a lawyer, nor do I play one on TV ...
            Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

            Comment


            • #46
              USET WITHDRAWS NGB CHALLENGE
              USA Equestrian, Inc., the National Equestrian Federation of the United States, announced today that the United States Equestrian Team has withdrawn its Challenge to the status of the Federation as the national governing body for equestrian sport.

              The USET filed its Challenge with the United States Olympic Committee in February 2001, seeking to replace USA Equestrian as the NGB. A panel of USOC trustees held a hearing in October 2001 and, after mediation efforts failed, the panel issued a report in June 2002, finding that the USET did not meet the qualifications to be the NGB, but that the NGB status of USA Equestrian should be revoked if it did not merge with the USET to create a new organization within 180 days. After the USOC adopted this recommendation in July 2002, the Federation appealed this decision to an arbitration panel, as authorized by the federal Amateur Sports Act.

              Last Friday, the Superior Court of New Jersey held that the USET lacks both proper authorization and proper documentation to continue with the Challenge. Apparently as a result of this ruling, the USET notified the USOC yesterday that it has decided to withdraw its Challenge.

              ******************************
              California Dreamin'...
              Not all who wander are lost.

              Comment


              • #47
                Presumably we will hear more details tomorrow

                January 15, 2003
                LIVE AUDIO WEBCAST AVAILABLE OF USA EQUESTRIAN
                BOARD MEETINGS


                There will be live audio webcasts available of the USA Equestrian Board of Directors meetings held during the Annual Meeting in Lexington, KY. The meetings will be held Thursday, January 16, from 4:00 pm to 6:00 pm ET, Saturday, January 18, from 3:00 pm to 5:00 pm ET and Sunday, January 19, from 8:00 am to 5:00 pm ET.
                The webcasts can be heard by visiting the USA Equestrian web site at www.equestrian.org.
                ENDS
                Nothing says "I love you" like a tractor. (Clydejumper)

                The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                Comment


                • #48
                  http://www.equestrian.org/Equestrian...-1-14-2003.pdf

                  ltr from uset re withdrawal - very brief
                  Nothing says "I love you" like a tractor. (Clydejumper)

                  The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                  Comment


                  • #49
                    Can anyone explain the 'without prejudice' part of that??? Does it mean he thinks it might be a good idea to start over, as soon as he can get the corporate books in order?
                    Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

                    Comment

                    • Original Poster

                      #50
                      I'm on my way out the door to catch a plan for the annual meeting, but the compliance review and complaints are still out there. This withdrawal doesn't mean it's over. IMHO, it does confirm what I said earlier, that USET has given up on trying to become the NGB and is instead using the Seidel and other complaints and the USOC compliance review process to try to force USA Eq to merge on terms that would give USET management control of the organization.

                      This also doesn't mean the arbitration is off, since the arbitration was based on the USOC's action in its (later withdrawn) final order, not the USET's challenge itself.
                      "I don't want to sound like a broken record here, but why is it that a woman will forgive homicidal behavior in a horse, yet be highly critical of a man for leaving the toilet seat up?" Dave Barry

                      Comment

                      • Original Poster

                        #51
                        <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SoEasy:
                        Can anyone explain the 'without prejudice' part of that??? Does it mean he thinks it might be a good idea to start over, as soon as he can get the corporate books in order? <HR></BLOCKQUOTE>
                        Yes, in legal lingo "without prejudice" means without waiving the right to refile. However, under the Sports Act, USET would not be able to file another Challenge until after the next Summer Olympics. Challenges can only be filed within a year after the end of the last Olympics that the sport is in.
                        "I don't want to sound like a broken record here, but why is it that a woman will forgive homicidal behavior in a horse, yet be highly critical of a man for leaving the toilet seat up?" Dave Barry

                        Comment


                        • #52
                          thanks Portia

                          have a good flight
                          Nothing says "I love you" like a tractor. (Clydejumper)

                          The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                          Comment


                          • #53
                            [QUOTE]Originally posted by Portia:
                            ..... but the compliance review and complaints are still out there. This withdrawal doesn't mean it's over. IMHO, it does confirm what I said earlier, that USET has given up on trying to become the NGB and is instead using the Seidel and other complaints and the USOC compliance review process to try to force USA Eq to merge on terms that would give USET management control of the organization...../QUOTE]

                            the Motion for Recusal and for Dismissal of the Complaint (re Seidel matter) (found at http://www.equestrian.org/Equestrian...q-response.pdf) seems (to my non-legal eye) to thoroughly shoot down that one

                            I think that the uset's last-best hope is with the USOC's Compliance review as, as seen in the Rawls-to-Satrom letter (found at http://www.equestrian.org/Equestrian...-10-2003.pdf), the USOC has demonstrated that they will hear from uset backers to the exclusion of USAE supporters
                            Nothing says "I love you" like a tractor. (Clydejumper)

                            The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                            Comment


                            • #54
                              sigh ... why is it that the only recourse for the ethical seems to be to resign and leave the unethical in charge?? Including the NGB council ... where an ethical person would be very welcome!

                              CNN/SI article again
                              Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

                              Comment


                              • #55
                                geez SoEasy - that is a bummer
                                Nothing says "I love you" like a tractor. (Clydejumper)

                                The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                                Comment


                                • #56
                                  <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by SoEasy:
                                  If you read the transcript posted earlier, the Judge made it crystal clear that EVERYTHING USET had done since the 94/95 BOD passed a resolution restricting voting membership without also amending either the bylaws or the Incorporation papers was NULL and VOID.

                                  The Seidel complaint was privately filed by him, not USET, so I suppose that could still stand, depending on what the underpinnings are, but anything USET itself filed would have to be withdrawn until they go back to 94/95 and start over ....

                                  JMHO of course, and I am not a lawyer, nor do I play one on TV ...<HR></BLOCKQUOTE>

                                  reads that way to me also SoEasy - wonder who WAS on the uset board '94-95? (in the oral argument, Leone said that some were dead - and one wonders, other than uset itself, who else has retained records of who was sitting at that time - I imagine that JFC was one, as, if memory serves, that's just after she was term-limited out as (then) AHSA president)

                                  it looked as if Armand was trying to ask the Judge for some clarification so that he could figure out what the uset's recourse was but there was little to go on from what the Judge said

                                  certainly though, it seems that, from that decision, anything that the post '94-95 boards have done (in legalese "ultra vires") could be called into question
                                  Nothing says "I love you" like a tractor. (Clydejumper)

                                  The reports states, “Elizabeth reported that she accidently put down this pony, ........, at the show.”

                                  Comment


                                  • #57
                                    since the USOC's goal seems to be an unpleasant merger of the USET and USAE arbitration still seems to be the best route in dealing with the recalcitrant USOC

                                    since deadlines have passed and a NGB challenge would have to wait for the next olympic cycle, USET's only options are a merger or subservient role as in the past, since USOC is in-favor of a merger the problem is the USET

                                    prediction: the next move will be for USAE to disavow USET as the agent for olympic and international competition because their legal status [no standing]

                                    [This message was edited by armandh on Jan. 16, 2003 at 07:03 AM.]
                                    more hay, less grain

                                    Comment


                                    • #58
                                      Come to think of it ... one of the 'ultra vires' actions of USET was their filing for arbitration ....

                                      round and round and round we go ....
                                      Mal:This is the Captain. We have a little problem with our entry sequence, so we may experience some slight turbulence and then .... explode

                                      Comment


                                      • #59
                                        I am again dismayed and confused.

                                        Who won in the Balch/Leone contest?

                                        Why is anyone celebrating when the NGB decision is undecided?

                                        The issue is still in front of the USOC.

                                        Both Balch and Leone have just squandewred our dues in a self serving fashion. Both should resign.

                                        Comment


                                        • #60
                                          Dealer

                                          I remind you that the NJ Court ruled that LEONE PAY ALL BALCH's LEGAL EXPENSES for the NJ lawsuits. In the judge's opinion (and I will also remind you that this was in front of two DIFFERENT judges!), the USET has been operating illegally since the mid 90's.

                                          That did NOT cost the USAEq members ANYTHING. I also remind you that the USET started this fiasco - every move done by the USAEq has been in defense.

                                          Since you are new, I will also say that I started out as a fairly strong USET supporter - but after reading all the documentation (available online at www.equestrian.org), attending the USOC Hearings in AUstin, TX, attending (or listening to) all the USAEq Board meetings, speaking to many of the individuals involved on both sides, and attending some USET Board meetings (they are not open and/or webcast, so when not in NJ, I can't listen), I will say that I am a full USAeq supporter, and a grudging admirerer of Alan Balch. I have found Armand's behaviour and statements in public as well as private to be appalling.

                                          That is just IMHO.

                                          [This message was edited by Weatherford on Jan. 16, 2003 at 12:27 PM.]
                                          co-author of 101 Jumping Exercises & The Rider's Fitness Program; Soon to come: Dead Ringer - a tale of equine mystery and intrique! Former Moderator!

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