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Author Topic: Taxi: Stolen from private property  (Read 1834 times)
Scav
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« on: August 20, 2014, 08:14:52 PM »

From Gail Vacca's lawyer......

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Yesterday I appeared in Court on the case of Rescue Me Racing, LLC v. Gail Vacca. I represent Ms. Vacca. I won across the board on my combined Motion to Dismiss the case; however, the court acknowledged a conflict exists and gave the Plaintiff time to file an amended complaint to get it done correctly. Rather than take that opportunity afforded to them by the court, certain members of the LLC chose instead to trespass onto private property, load up the horse Taxi in a trailer and take him back to Arlington Park. I will be appearing in court tomorrow at 10:30 a.m. before this judge on a Motion for a Rule to Show Cause for Contempt of Court and a Temporary Restraining Order. Once again, the public is welcome to attend the hearing at 100. S. Third St. Geneva, IL

These people are absolutely sickening, and should be dealt with the old country way. Unbelievable they would put this horse through this.

I would love to know WHICH trainer actually accepted the horse...
« Last Edit: August 24, 2014, 05:23:10 PM by jrstark » Report to moderator   Logged
The Turf Monster
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« Reply #1 on: August 20, 2014, 08:17:57 PM »

Do you guys want the list of people involved in the LLC?
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Scav
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« Reply #2 on: August 20, 2014, 08:18:52 PM »

Do you guys want the list of people involved in the LLC?

Ifs its public knowledge and it wouldn't get you or Janine in trouble. Please.
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The Turf Monster
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« Reply #3 on: August 20, 2014, 08:34:12 PM »

It's public information, I'll wait and see if Janine has a problem with it
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honest & balanced terry
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« Reply #4 on: August 20, 2014, 11:40:40 PM »

If you're going to post names just post the names of those who "chose instead to trespass onto private property, load up the horse Taxi in a trailer and take him back to Arlington Park." Don't post names of people who aren't involved with that, or you are the dick.
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"There are no $7500 maiden claimers, state-bred or otherwise, at Arlington."
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« Reply #5 on: August 21, 2014, 07:04:52 AM »

If you're going to post names just post the names of those who "chose instead to trespass onto private property, load up the horse Taxi in a trailer and take him back to Arlington Park." Don't post names of people who aren't involved with that, or you are the dick.

Terry, if they are in the LLC, then they are responsible.
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Scav
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« Reply #6 on: August 21, 2014, 07:10:19 AM »

This situation is so ridiculous and really sours me. We have dealt with Gail essentially since we started in this industry as it was very important to us that we found a reliable and trustworthy non for profit when it came to 2nd homes for the horses that we raced.

I know from multiple situations that she does exactly this, and she goes above and beyond to make sure they are cared for.

Its been reported that Magna Fortuna, or Taxi, bled through lasix in an easy work. Take it from someone that has experience with this situation, it only gets worse and the 'tank' will solve it the first time, but won't cure it 100%.

I'm really sad that Gail is going through this and I just hope she finds the strength to continue her path in saving Tbreds, to a lesser individual, this would be the last straw.

I would really love to know if these culprits were first time owners, its the only explanation I can come up with why they are acting the way they are.
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Scav
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« Reply #7 on: August 21, 2014, 07:14:07 AM »

Terry, if they are in the LLC, then they are responsible.

I don't know for sure, but one would think this is a balance of power situation. I have to think that "Team Retire" has a lesser 'ownership' stake then "Team Put Taxi through the ringer"

I was researching some last night and I found something that stated that anything financial committments were based in the form as donations, but there is no way to confirm this.
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The Turf Monster
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« Reply #8 on: August 21, 2014, 07:20:04 AM »

Hawthorne had no problem publishing a handful of the partners - http://www.hawthorneracecourse.com/horsemen/stakes/milwaukeeavenueh-noms.pdf

It would be interesting to know which dirtbag horseman accepted the horse, I'm sure we will find out soon enough

This has to be one of the most disgusting stories that I've heard about in thoroughbred racing
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honest & balanced terry
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« Reply #9 on: August 21, 2014, 08:10:01 AM »

Terry, if they are in the LLC, then they are responsible.

So you're saying every single member of the LLC committed the criminal trespass and removal of the horse, not to mention all the other "bad" things that have allegedly taken place since the retirement of the horse?

I doubt that. When I was in various partnerships we were lucky to get two people to agree, let alone "all". From the lawyer's statement above, "certain members of the LLC chose instead to trespass onto private property, load up the horse etc". Not "all the members".

So what I'm saying is that if someone posts all the names in the LLC without identifying exactly which people are doing the alleged dastardly deeds, then they're painting everyone with the same stink brush, and that's just not right.
« Last Edit: August 21, 2014, 08:17:25 AM by honest & balanced terry » Report to moderator   Logged

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honest & balanced terry
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« Reply #10 on: August 21, 2014, 08:13:50 AM »

It would be interesting to know which dirtbag horseman accepted the horse, I'm sure we will find out soon enough

It will be interesting to see if the stews let the horse run, given the disputed ownership situation.

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This has to be one of the most disgusting stories that I've heard about in thoroughbred racing

There are far worse, involving horses with far more wrong than bleeding through lasix. But this is troubling.

Of course, all we have read on this forum is one side of the story, and even that pretty much 2nd hand.
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"There are no $7500 maiden claimers, state-bred or otherwise, at Arlington."
mel4600
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« Reply #11 on: August 21, 2014, 08:17:29 AM »

Can someone tell me what happen here? Who owns the horse? If this attorney won "across the board" (I take that as winning every allegation in the pleadings) I don't know why a judge would allow them to "amend" their complaint. Their only recourse should be to appeal.
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The Turf Monster
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« Reply #12 on: August 21, 2014, 08:43:14 AM »

Can someone tell me what happen here? Who owns the horse? If this attorney won "across the board" (I take that as winning every allegation in the pleadings) I don't know why a judge would allow them to "amend" their complaint. Their only recourse should be to appeal.

It's difficult to know what's happening, since the Kane County courts are stuck back in the 1800s and don't put anything online.  That courthouse in Geneva is like walking back in time
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sodgod
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« Reply #13 on: August 21, 2014, 08:59:11 AM »

Scav,

Taxi is at Arlington and his trainer is not a scum bag.  No one stated that he is returning to training or going to race anytime soon.  It's a ownership dispute not a effort to torture Taxi.  He was not "stolen" as the judge did not indicate that he must remain in Gail's possession.  To answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod
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mel4600
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« Reply #14 on: August 21, 2014, 09:10:02 AM »

answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod

That is my exact thought. The judges ruling here makes no sense. I Don't even know the story about Taxi and what is going on.
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« Reply #15 on: August 21, 2014, 09:25:47 AM »

Of course, all we have read on this forum is one side of the story, and even that pretty much 2nd hand.

That's the truth.  Do we know what the owners were told when they bought in to the partnership?  Did they know they were buying into a rescue that might race, or did they think they were buying a race horse?  I've been involved with partners who could care less about the horse outside his/her earning potential.  They didn't think they had any responsibility when the horse couldn't race any more.

My question would be, were the partners still on the hook for Taxi's care after he was retired?  If so, did the investors in Taxi know going in that they were entering a 20 year commitment to pay for Taxi to live out his life?  
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honest & balanced terry
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« Reply #16 on: August 21, 2014, 09:41:38 AM »

Scav,

Taxi is at Arlington and his trainer is not a scum bag.  No one stated that he is returning to training or going to race anytime soon.  It's a ownership dispute not a effort to torture Taxi.  He was not "stolen" as the judge did not indicate that he must remain in Gail's possession.  To answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod

Was the description of the act as "trespass onto private property" accurate, or did the members who did this have permission to access that property and remove that horse? Was it an open and aboveboard act, that someone at the farm (?) knew about, or was it a stealthy "dead of night" kind of thing?  
« Last Edit: August 21, 2014, 09:43:36 AM by honest & balanced terry » Report to moderator   Logged

"There are no $7500 maiden claimers, state-bred or otherwise, at Arlington."
bnlong
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« Reply #17 on: August 21, 2014, 10:29:21 AM »

The horse was taken out of a grass paddock ending up at AP.

I assume because none of the "rescuers" had a barn or paddock to transfer him to. (or didn't want to pay board elsewhere)

How was he allowed on the backside? did he have current coggins, health certificate or jockey club papers, I would think not.

We all know AP is not in the business to board horses for free, once AP is made aware they will have the horse removed and imho should fine the trainer if rules were broken.
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sodgod
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« Reply #18 on: August 21, 2014, 11:03:40 AM »

Mel is making the most sense here.  The judge did not indicate that Taxi must remain at the farm with Gail.  Don't the other partners have the right to possess him as well?  We really need to see the partnership agreement to know for sure.  He could have been taken to a number of farms besides the track.  AP management is aware of the fact that he is on the property.

Sod 
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pamwaggy
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« Reply #19 on: August 21, 2014, 11:30:29 AM »

I hope someone will find the end of this story.  I would so like to know what happens to Taxi.
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Matchtown
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« Reply #20 on: August 21, 2014, 12:44:09 PM »

You can't steal something you own........bring him back for the Hawthorne meet and run him for the nickel ........
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honest & balanced terry
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« Reply #21 on: August 21, 2014, 02:36:01 PM »

Mel is making the most sense here.  The judge did not indicate that Taxi must remain at the farm with Gail.  Don't the other partners have the right to possess him as well?

If I was partners with a guy on a boat that we kept at his house because he had a big garage, and suddenly we had a falling out and a dispute about ownership, how do you think the justice system would look upon me going over there, trespassing on his property or maybe breaking in, and hauling the boat off to my house?

Not real well, I don't think.
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mel4600
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« Reply #22 on: August 21, 2014, 03:10:07 PM »

If I was partners with a guy on a boat that we kept at his house because he had a big garage, and suddenly we had a falling out and a dispute about ownership, how do you think the justice system would look upon me going over there, trespassing on his property or maybe breaking in, and hauling the boat off to my house?

Not real well, I don't think.

You may or may not be guilty of trespassing or breaking & entering (depending on the circumstances)...you would not be guilty of theft if you own an interest in that horse.  If the party has no interest of ownership and no debt owed him/her against the animal and is withholding possession from the proper owner they could be guilty of unlawful possession or worse depending on the circumstances. I been in the courts enough to know that there is a lot more to this story than the opening statement.
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Scav
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« Reply #23 on: August 21, 2014, 03:33:40 PM »

Scav,

Taxi is at Arlington and his trainer is not a scum bag.  No one stated that he is returning to training or going to race anytime soon.  It's a ownership dispute not a effort to torture Taxi.  He was not "stolen" as the judge did not indicate that he must remain in Gail's possession.  To answer Mel's question.  Every story has 2 sides this one needs more time to play itself out.

Sod

What more needs to be said. The horse was laid up after tearing his suspensory and then after the layoff, he bled through lasix out of the blue, gushing out his nose mind you, in a work , not an actual race, a work.

Now, I've managed about 40 horses in my time so far, never ONCE have I had one bleed in a WORK and our horses either DO NOT get lasix for AM Drills, or get 1/4 of what they are normally getting. I've had one bleed thru lasix in a race, and she was retired and donated a week after that race.

To me, as I continue to hear more and more about this, this is really about a certain group not wanting to let go, and liking the social and media attention that this horse gives them.

In an industry where the question is, "When is enough?" or "Have they done enough" the answer is a resounding YES in this horse's case, and he deserves to go to a 2nd career. 

And honestly, why in the world would these people send the horse to the track instead of a farm, when they are going to be paying like 4 times more to have the horse at Arlington. Dumb management if you ask me.
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The Turf Monster
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« Reply #24 on: August 21, 2014, 05:47:02 PM »

There's really not much more on the trainer that needs to be said other than that he/she is a scumbag

Mary Ann - this would be a great story for you to spread through all of the twitter links you follow
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