All About Cutting

SUPREME COURT OF TEXAS REQUESTS RESPONSE BY NCHA TO GAUGHAN’S PETITION FOR REVIEW BY FEB. 13

By Glory Ann Kurtz
Jan. 26, 2012
In a letter dated Jan. 13, the Supreme Court of Texas, Austin, Texas, requested that the NCHA file a response to the Petition for Review previously filed by Paula Gaughan. This request was received shortly after the Freedom of Information Foundation of Texas submitted its Amicus Brief. The Foundation’s Amicus Brief supported Paula Gaughan’s position in a suit against the National Cutting Horse Association (NCHA) regarding the financial records of the association.

Gaughan has claimed that Texas law requires the financial records of a non-profit corporation, like the NCHA, to be available for public inspection and photocopying. The NCHA has sought to maintain its financial records, including its executive compensation and sponsorship and vendor contract, as confidential. The NCHA’s response to Gaughan’s appeal must be done by midnight on the Feb. 13 due date and can be filed electronically.

The Amicus brief, which was 10 pages in length, had been filed by the Foundation’s lawyer, Joseph R. Larsen of Sedgwick LLP, Houston, Texas, and scolded the 67th Judicial District Court of Tarrant County in Fort Worth, Texas, as well as the Second Court of Appeals in Tarrant County on their rulings in favor of the NCHA.

The NCHA was the defendant in a declaratory judgment action filed by Paula Gaughan and Dean Saunders in 2008, seeking a declaration that Texas law requires non-profit corporations in Texas to produce their financial records for inspection and photocopying upon request. Following a Tarrant County trial court and appellate court rulings, Gaughan filed a “Petition for Review from the Second Court of Appeals” with the Supreme Court of Texas on Nov. 21, 2011.A

“We are thankful for the solid support expressed in the amicus brief submitted by the Freedom of Information Foundation of Texas,” said James W. Walker of Walker Sewell LLP, the attorney for Paula Gaughan, “and we look forward to arguing in favor of transparency of the financial records of all Texas non-profit corporations.”

Having spoken to a few members of the local legal community, I found that it appears that the Supreme Court of Texas could have simply denied Gaughan’s Petition for Review without even asking for a response. The fact that a response has now been requested suggests that the Supreme Court may accept the appeal.

If all goes well for Gaughan, the next step will be for the Supreme Court to ask for full briefing on the merits after the NCHA’s response has been filed. Full merits briefing could then be followed by oral argument in Austin before the full Supreme Court. At some point in the process, the general consensus appears to be that the Supreme Court will issue an opinion after the briefing is concluded. While it remains possible that the Supreme Court could ultimately deny Gaughan’s appeal, the initial actions, combined with the receipt of the Foundation’s Amicus Brief, bodes well for Gaughan’s prospects.
Click for copy of Supreme Court of Texas request>>

By Glory Ann Kurtz
Dec. 26, 2011
During a court hearing in Judge Graham Quisenberry’s 415th Judicial District of Parker County, Weatherford, Texas, held Dec. 21, 2011 in the case of Welk v Foland, Judge Quisenberry considered the Plaintiffs motion for a JNOV (judgment Notwithstanding the Verdict) in the amount of $192,000 awarded by the jury to Dr. Jeffrey Foland and Weatherford Equine Medical Center and reduced the amount to $5,039.38.

Larry and Lynn Welk, Malibu, Calif., had sued Foland and Weatherford Equine Medical Center in February 2011 for malpractice and negligence in the loss to compete and syndicate the cutting horse stallion Juan Bad Cat. In return, Foland had counter claimed with a suit against the Welks for an unpaid veterinary bill.

The judge determined that the amount Welks would have to pay should be reduced to $5,039.38, which included only the amount determined for the unpaid veterinary bill. The $1,559.38 was damages plus post-judgment interest on the total judgment amount at the rate of 6 percent from Aug. 31, 2005 through the date of the judgment and $3,480 in attorney’s fees for preparation and the trial of the case. The judge also decreed that the Welks would take nothing on their claims against Foland and that all taxable costs of court be assessed to the Welks.

HEARING FOR NEW TRIAL ON LARRY AND LYNN WELK V DR. JEFFREY FOLAND SCHEDULED FOR DEC. 21

By Glory Ann Kurtz
Dec. 20, 2011
A hearing for a new trial has been scheduled for Dec. 21 by the law firms representing Larry and Lynn Welk regarding their case against Dr. Jeffrey Foland and Weatherford Equine Medical Center, Weatherford, Texas. The hearing will be held in State District Judge Graham Quisenberry’s 415th District Court in Weatherford, Texas at 9 a.m.

The Welks, of Malibu, Calif., sued Foland and Weatherford Equine Medical Center in February 2011 for malpractice and negligence in the loss to compete and syndicate the cutting horse stallion Juan Bad Cat. The Welks claimed that Foland had performed three procedures and a surgery on the stallion, sired by the industry’s leading sire High Brow Cat out of Juana Twinkle, a full sister to Like A Diamond, without first consulting the horse’s previous veterinarian, Van Snow, from California, about the medical history of the horse, nor the owners, even though he had been instructed to do so, which he had admitted to in his deposition.

The case was heard by a jury beginning Sept. 13, 2011 in Judge Quisenberry’s court. The case ended with the jury ruling in favor of Dr. Foland, and the Welks were ordered to pay court fees and expenses to Foland.

The Welks’ lawyers are appealing, saying that 1) the court should disregard the jury’s answers to questions that were improperly submitted, no evidence or legally insufficient evidence to support it or rendered immaterial by other findings; 2) the evidence presented is legally insufficient to support the award of attorney fees as the defendants had failed to segregate their fees and 3) that the evidence is conclusive that the Welks are entitled to judgment as a matter of law on their negligence claim against the defendants. They are asking for a JNOV (setting the jury’s verdict aside) finding the defendants were negligent and find damages to award them or find the defendants liable as a matter of law and commence a new trial to determine the amount of damages.

There are also several charges of jury misconduct, including affidavits that have been presented to the court from persons who personally attended the court proceedings on Sept. 20-23. One such affidavit testifies that he was seated behind Dr. Foland, his wife Jennifer and his legal counsel and that he saw a female juror sitting in the front row of the jurors’ box waving at Jennifer Foland and Mrs. Foland returning the wave. “On each occasion, the waving was accompanied by a smile from both parties,” said the affidavit.

Additional fallout from the lawsuit included testimony for the defendant from Dr. C. Wayne McIlwraith, D.V.M., a well-known specialist from Colorado State University, who in his testimony admitted doing surgery at Foland’s clinic after being invited by Foland to do the surgery. McIlwraith later received an order to Cease and Desist from the Texas Board of Veterinary Examiners informing him that he was not licensed to practice veterinary medicine in the State of Texas. The Texas Veterinary Board allows out-of-state veterinarians who are recognized specialists to consult on an occasional basis, but the surgery has to be done by the Texas-accredited veterinarian.
Click here for p1 of affidavit of Cease & Desist>>
Click here for p2 of affidavit of Cease & Desist>>

By Glory Ann Kurtz
Dec. 15, 2011
On Monday, Nov. 21, James W. Walker of Walker Sewell LLP, Dallas, Texas, filed a petition for review by the Second Court of Appeals in the Supreme Court of Texas, Fort Worth, Texas, for Paula Gaughan in her lawsuit against the NCHA.

On April 21, 2008, NCHA members Paula Gaughan and Dean Sanders made a request to the NCHA to see financial records of the association so that the information could be shared with other members during the 2008 NCHA Convention. After three and a half years, a lawsuit and appeals, hundreds of thousands of dollars and four NCHA Conventions, a majority of the financial records requested, are still unavailable to members and are still treated as being “confidential” by the NCHA.

In the petition, Walker brings up four issues that he would like settled by the Supreme Court. Those issues include 1) when members of a nonprofit corporation file suit to enforce their statutory right to inspect and copy the corporation’s financial records, does a trial court err in entering a protective order that permits the corporation to designate the financial records as confidential discover materials that the members must not disclose to their fellow members?

2) Does a trial court err in entering summary judgment that a non-profit corporation’s financial records are entitled to confidential treatment under the law when the record is undisputed that the corporation has designated its financial records as confidential and the corporation affirms its intent to prevent disclosure of its financial records?

3) After the NCHA designated its financial records as confidential under the trial court’s protective order, Petitioner Paula Gaughan served on the NCHA an amended petition in which she disputed the corporation’s claims of confidentiality, provided written notice to the NCHA’s counsel that she disputed the NCHA’s claims of confidentiality and demanded that she be allowed to disseminate to her fellow NCHA members the contents of the NCHA’s financial records and filed a written motion with the trial court objecting to the designation of specific financial records as confidential, and requesting in camera inspection of the documents to determine they were not confidential. Given that record evidence, did the trial court err in entering summary judgment that Gaughan did not contest the NCHA’s designation of its financial records as confidential and that the records were entitled to confidential treatment under the law.

4) When a non-profit corporation attempts to disregard state law and prevent the disclosure of its financial records to its members, does a trial court err in awarding $75,000 in attorney’s fees to that corporation under Chapter 37 of the Texas Civil Practice and Remedies Code which requires that an award of fees be equitable and just?

According to Walker, “Paula Gaughan limited her request to the same financial records that the general public is permitted to inspect and copy. She was seeking to encourage opportunities to participate in NCHA events by lowering the costs associated with that participation and making sure the membership dues and other monies received by the NCHA are being spent with the NCHA membership’s best interests in mind.

Paula’s requests are reasonable and supported by the law,” continued Walker. “Openness and transparency are vital to good governance and fair dealing and that is why the law makes these records public.

“Among the information the NCHA labeled as confidential are records concerning millions in tax dollars the organization has received through the city of Fort Worth. These are public funds – taxpayer dollars. How they are spent by the NCHA is a matter of public interest and they are not confidential. Anybody interested in transparency in public affairs should be watching this case closely. More than ever, Fort Worth taxpayers and NCHA members alike should demand free access to this type of financial information. To suggest otherwise is to ignore the clear legal rights our Texas Legislature has invested in each of us.”

HISTORY OF THE CASE:
After the lawsuit was filed in 2008, which was seeking a judicial declaration that she is entitled to inspect and photocopy each of the records identified in her April 21, 2008 letter, she received a temporary restraining order to prevent the NCHA from destroying or altering records she sought to inspect and copy. Following a hearing, the trial court dissolved the temporary restraining order and granted the NCHA’s request for entry of a protective order.

Following several cross motions and summary judgments, , the trial court with Honorable Don Cosby of the 67th Judicial District, Tarrant county, declared that the NCHA had fully complied with all of Gaughan’s requests to review documents of the association and all legal requirements. The trial court also ordered Gaughan to return all records marked “confidential” and to not disclose, disseminate or reveal any of the confidential records or their contents to any third parties. Gaughan appealed.

On Tuesday, June 15 during an approximate 45-minute hearing, Justices Anne Gardner, Bob McCoy and Senior Justice Bill Brigham of the Second District Court of Appeals (Ft. Worth) heard oral arguments from attorneys representing Gaughan and the NCHA. Should the ruling be in favor of the plaintiffs, it would be a landmark court case regarding members of a non-profit association, or the public at large, having access to all of the association’s financial records.

However, on July 28, 2011, the panel of judges in the 67th District Court of Appeals in Tarrant County, sent a 29-page opinion overruling each of Paula Gaughan’s three issues with the previous court ruling, and affirmed the trial court’s judgment.

The three court rulings included 1) the “Protective Order” in which Gaughan contended that the trial court erred in entering a protective order and declaring by summary judgment that any of the NCHA’s records regarding its business transactions and sponsors, vendors, and employees are entitled to confidential treatment under the law; 2) Designation of documents as confidential under Protective Order, in which she argued that the trial court erred by declaring that the NCHA’s financial records are entitled to confidential treatment under the law because it did not examine the records in camera to determine whether the assertion of confidentiality was valid and 3) attorney fees, in which Gaughan contended that the trial court erred by granting summary judgment for the NCHA’s attorneys’ fees because fact issues remain as to whether the fees were reasonable and necessary.

The appellate court overruled Gaughan on all three issues, including the $75,000 in attorney fees due to the NCHA.

By Glory Ann Kurtz
Nov. 30, 2011

Teddy Robinson is a legend in the NRCHA, having won the NRCHA Snaffle Bit Futurity seven times, yet a 1995 felony conviction for income tax evasion has suddetly stopped him from running for the Board of Directors, even though he's been on the board for 17 years.

While the National Cutting Horse Association (NCHA) was recognizing their cutting icon, the legendary trainer Buster Welch, during a sold-out Futurity Champions night at Will Rogers Coliseum during the NCHA Futurity, the National Reined Cow Horse Association’s (NRCHA) winningest trainer and showman, was being labeled a felon for a 1995 conviction for income tax evasion. As such, he is unable to run for the Board of Directors with the election being held now.

Teddy Robinson, 62, Oak View, Calif., who has been an NRCHA member and promoter since 1980, has broken every record in the NRCHA. He is the association’s first $1 million rider, with current earnings over $2.8 million; he has been inducted into the NRCHA Hall of Fame, is a seven-time World Champion of the NRCHA Snaffle Bit Futurity, won two World’s Greatest Horsemen contests and has served on the board for 17 years, consecutively from 1986 through 2002. In 1987, he even borrowed $30,000 from two of his friends and customers, Matt Day and the late Ralph Gragg, to save the association from going under.

In 1989, he single handedly got Las Vegas Events to give the Association $130,000 while he obtained four gooseneck trailers with pink slips and two crew-cab dually trucks to be used for one year and the NRCHA Snaffle Bit Futurity went to Las Vegas when the Association was $30,000 in the red. But, according to Teddy, many of the members boycotted the event because it had “always been in Reno,” so the next year it was back in Reno.

In 1995, Teddy fought a long battle with the Internal Revenue Service and finally reached a plea bargain after pleading guilty to tax evasion. But with him being the driving force behind the NRCHA, he remained on the board and in 1999 became President again. “In fact,” says Teddy, “there’s been two other felons who have served as President before me.”

Within the past few years, changes have been made in the by-laws, which state that the Director Nomination Form shall contain “full disclosure of any felony convictions on record.” Also put in the by-laws was a statement saying, “A director’s term of service will be terminated immediately if the Director serves as an officer or director of an organization which either has affiliates or is affiliated with an organization using in it name the words ’reined cow horse, working cow horse or stock horse.’ ”

Several years ago, John Ward and Teddy Robinson had both been involved in starting the National Stock Horse Association, a privately owned association, which has events similar to the NRCHA. “We started it to build the industry,” said Teddy, “but they took it that we were trying to take over the industry, so they put rules in for that.”

To add insult to injury, both Ward and Robinson sold their interest in the National Stock Horse Association so they could run for the board of the NRCHA. “We tried to come back on the board last year – and John made it,” said Teddy. However, when Teddy faxed his application, due to a fax error, it never reached the office in time and they wouldn’t accept his nomination.

“After that, Kenny Wold called me and said, “You’re the only one of us that never left this association when it got bad. We thought we’d go cut or we’d go rein. You’re the only one who’s never walked away from us. You’re the one who tried to make it better and kept it going.”

After a majority of the nominating committee voted to not allow Teddy to run for the board, 12 board members showed up, voting six for and six against for a tie. President Kathy Gould broke the tie, voting against Teddy being able to run. Also voting against Teddy were Ramona Koch, Kevin Stallings, Carol Rose, Marilyn Peters, Lyn Anderson and Sam Rose. Three of the six “no” votes were appointees by the President.

“I’m the first person in history they have denied a run for the board for being a felon,” said Teddy. “It doesn’t say a candidate can’t have a felony conviction on their record.”

Teddy Robinson has been on the board for 17 years and has helped the association out of bankruptcy twice.

Teddy, who claims he surrounds himself with smart people, says he has helped the association out of bankruptcy twice. “In 1999, I was in a meeting and when it was over, I told John Ward, ‘I don’t know if I’m counting this right in my head, but I think we’re down $100,000.’ It took some time but Howard Erenberg and some other smart people started helping me check into it, and we were down $400,000. So I became the front man and stepped up and took over the presidency again from 1999-2001 until we got in the black. I walked away again in 2002 from the board.”

Asked about the current financial situation of the association, Teddy said, “They are in pretty good shape now. I’m guessing but there’s probably a little over $1 million in the bank. Actually that’s what Howard Erenberg (the Vice President) is trying to keep because this group is trying to spend it. They have a lot of overhead. If we would have wanted to take it out of our savings a few years ago, we would have had a chance to replace it, but we couldn’t replace it today with sponsorship dollars and lack of entries. He’s just trying to keep the purses as high as he can with the added money we have. We need to hang on to this money and this group is actually trying to get rid of him too and get that money. It would be history repeating itself again.”

Teddy says there’s a rumor going around that if all the West Coast guys get in, they’re going to take everything back to California. But that’s not true by any means because, “We made it a national organization. We took the World’s Greatest Horseman to Oklahoma. We did all those things and we don’t want it back. We just want it to be the biggest and best that we can make it. A lot of times when events are in Arizona, Reno and Vegas, they all think it’s on the West Coast and that it’s all California. But it’s really not – it just happens to be close to it.”

19 MEMBERS RUNNING FOR THE SIX SEATS:
The NRCHA has two-year terms for board of directors and one-year terms for officers – with no term limits on either, so when their time is up, they can run again. Ballots were recently mailed out with 19 members vying for six available seats on the board for 2011-2013. Terms are up for Lyn Anderson (who is the only member not running again), Paul Bailey (Treasurer), Howard Erenberg (Vice President), Darren Miller (Executive Committee member), Marilyn Peters and Sam Rose.

Included in the 19 members running for the six seats are three members of the newly formed “Owners Committee, including businessmen Dave Allen, Park City, Utah; Jim Vangelos, Temecula, Calif., and Bill Tointon, Longmont, Colo. Their advertised platform is that the association hasn’t grown in the past five years and they need to improve their Premier shows for more spectator appeal, better venues, increased pace and bigger purses.

The businessmen claim the association doesn’t have a long-term view and they need to develop a five-year plan for the future in a step-by-step process including an honest look at the financial picture, an open dialogue with the members and a plan for positive change, including how to get new members, how to make it more fun and how to get people to try and stick with the sport and spread the excitement and thrill. They also feel that showing needs to be affordable and rewarding for everyone and, therefore, they need to secure new sources of revenue and funding to take the pressure off of membership and entry fees and increase payouts. Entry-level competitors also need the attention, recognition and support they deserve.

Current directors, whose terms have expired, include Paul Bailey, Erenberg, Ramona Koch, Darren Miller, Marilyn Peters, Smoky Pritchett, Carol Rose, Sam Rose and Kevin Stallings. Other nominated members include several high-profile trainers including Bob Avila, Todd Bergen, Todd Crawford, Smoky Pritchett, Ken Wold and Jake Telford, as well as Dar Hanson and Jerry Peters.

Teddy says he is excited that the three members of the Owner’s Committee have decided to run, especially due to their business sense. “But they need to slow down just a hair because they’re insulting some of the trainers when they emphasize that they are businessmen, because the trainers are owners and businessmen. We (as trainers) are a different kind of businessman.”

Teddy said, “There’s something that’s backfiring on that board right now and I put it in there. Years ago, everyone who got elected was the result of a popularity contest. So guys like Ted Robinson got to make the board every year. I came up with this deal that we could have some appointees so that I could appoint Matt Day, Ralph Gragg, and guys who could really help us in a different way of business. These were all upstanding men who stood up and spoke their own piece. They didn’t follow me by any means; they just did whatever.

“Well, now, these appointees are following the president. So basically, the appointees (and the president appoints four of them), they just vote for whatever the president wants. So it’s really backfiring now and that system is not working. They’re going to have to do something about that, but at one time it really worked well.”

While Newt White, the chairman of the Owner’s Committee is behind Teddy’s run for the board 100 percent, he says, “This is my personal opinion and I’m not speaking for the Owner’s Committee because we’ve never taken this issue up and I don’t want to speak for everyone on the committee. But Ted Robinson, in my mind, is the face of the NRCHA to most current members and many people outside of the NRCHA. To disrespect Teddy like this is unconscionable. It doesn’t make any practical sense. If there had been a by-law that said that a felon was not allowed on the board, that’s one thing, but there is no such rule and this guy has been President, on the board for years and actually saved the NRCHA twice. It’s patently unfair.

“It’s just a sad commentary that politics are taking the place of making the association grow and gaining more members and creating more exciting shows and all the things we know we need to do to make the NRCHA what it can be. Instead, we have people spending their time trying to figure out how to stay in power to get control, which is detrimental to the membership. It’s self-serving things like this that wear people out. People get tired of the conflict and the association then takes its eye off the ball. You know, we’re supposed to be doing this for fun.

“They need to let him run and then if we get a new board and we want to change the rules where felons can’t be on the board – fine. But this guy has an ethical history of running. The NRCHA is a non-profit under the laws of California, there’s no law against a felon running for an office of a non-profit association.”

White went on to say that the association needs a broader prospective on the board: a business prospective as well as a trainer’s prospective. There’s nothing wrong with trainers on the Board, but we need some board members who can put together a strategic plan and understand a balance sheet and a profit and loss statement. They need to know where the growth might come from and where we are in trouble. The trainers usually like to work on what they are comfortable with – like rules and patterns for the shows. That’s important but we really need to plan the premium shows and how to generate spectator appeal; how we get the Texas Trust Fund to give us some more money so we can put on new shows and how we can attract more sponsors and create more ‘seats in the seats’ so the sponsors will get on board. The board has to be the strategic arm of the association and figure out where we go from here and how we get there.”

PRESIDENT KATHY GOULD SPEAKS UP:
“I was the one that brought to the table a couple of years ago the original by-law change to not allow anyone who had been convicted of a felony to serve on the NRCHA Board - just as it is for the NCHA,” said Kathy. “The board at that time massaged the rule around to state that you had to disclose if you had a felony conviction. Then by our rulebook, it would be up to the nominating committee whether to accept or decline an individual's nomination based on the information disclosed.

“I understand why the NCHA has it black and white. Who makes the distinction of what is an acceptable felony and what is not? No matter what any one person may think, I voted with my belief that no felons should be on the board of a Non-Profit corporation, especially with the cash reserves on hand like the NRCHA now has.

“To me, it does not and should not matter who the individual involved is. In fact, in the original vote by the Board to accept the nominating committee's recommendation, which was to not allow a person on the ballot who had disclosed a previous felony conviction, no name was used and the board voted as follows: nine (9) to accept the recommendation with three (3) abstaining and one (1) not in attendance and no proxy given.”

WHAT NOW?
“I had an attorney get hold of them and they wrote back, basically just bowing up,” said Teddy. “It’s all personal, it’s got to be because there’s nothing in the rules that say they can or can’t do it. So, like my attorney said, we can file a lawsuit in California and we can fight them, but I would have to hire a California lawyer and even if you win – you lose - because you lose your money and the election will be over and away you go.

“Also, suing the NRCHA would be like me suing my mother. This association has made me who I am and it gave me the opportunity to be successful and I worked hard to try to make it better. So suing them is darn sure not the answer. But I think everyone needs to know that they are not going by the by-laws. It’s like having to police the police. That’s basically what they’re doing. “

Teddy blames a lot of the problems on Lyn Anderson, who is not running for re-election to the board. “Lyn probably thinks she is as right as rain. She’s a very hard-headed person. At one time, we all thought she was the best thing for the reined cow horse association because she made us go by the rules. I loved her on my board because if I was wrong, she told me. She kept me right. But she’s not going by the rules now. It’s probably a little bit personal because she hated us for (starting) the National Stock Horse Association; she hated that we did that and she was the head of building all those rules because of it. These people who are running the board right now are not successful in the horse business, except for Carol, of course, but we’re letting them run our business and they’re not successful in their own. And Carol might not have been so successful if she wouldn’t have had other money.”

Teddy said he was the front man in starting the NRCHA limited class, the first free clinics (with the help of John Ward) and started the affiliates. He said there was never any money in the non-pro futurity or the non-pro weekend shows until he made it effective in 1989. He said he will continue to show in the National Stock Horse Association as well as the NRCHA.

John and I have really creative minds,” said Teddy. We got a lot of stuff from the PBR bull riders, like the rock-and-roll music with the big bridle class. The cutters and reiners are both doing the same thing now. Even the NRCHA has followed a lot of those things that we started in the NSHA – like we’re going to start loping in from the gate in the finals so it’s not boring to the crowd. The judges like it better than watching someone trot to the center and hang out for 10 minutes. We need to try to have fewer circles – we need to try to keep the excitement in it. We need to promote this event and not keep it to ourselves.

“The NRCHA does not have an executive director and they’re spending all this money for Pro Management to do it, but we don’t have anyone doing promoting for us. Like we don’t get in on it when there’s a new facility coming and they want to give you a lot of money to come because there’s no one out there searching for those things. We have no one promoting the reined cow horse and that’s what we’re really lacking right now, but that’s our fault. That’s the way we set it up, but it needs to change.”

Teddy recently published a letter in cowhorsecouncil.com, thanking everyone for their outpouring of support and explaining his situation. He talked about a few of the board members who voted against him, saying, “one of them has been written up on three separate occasions for horse abuse and another wrote bad checks to an NRCHA Corporate Partner this fall and still has not made them good. When he was president of the NSHA, he received a letter from the Internal Revenue about a member of the NRCHA board, saying that we needed to withhold any show earnings because that person was delinquent on federal taxes and another person who voted against him, along with his spouse, ditched the NRCHA when it fell on financial hard times back in the late 1980s.

He continued that while some people have suggested that he launch a write-in campaign, he asked that NO ONE put his name anywhere on their ballot as he is concerned that the board will find some way to throw those ballots out.

According to Teddy, his personal commitment to the NRCHA and the reined cow horse industry has not changed. “Because of the NRCHA, I have experienced some of the highest points in my personal and professional life,” said Teddy. “I have tried to give back to the organization over the years and I will continue to do so as much as possible in the future.”

Click below for a link to the NRCHA website or letters sent in response to the above article.
Click here for NRCHA website and rulebook>>
Click for responses to the above article>>

PARI-MUTUEL GAMBLING ON BARREL RACING MAY HAPPEN SOONER THAN YOU THINK – WHAT’S NEXT? CUTTING?

By Glory Ann Kurtz
Nov. 3, 2011
Voting for the Republican presidential primary will be going on Jan. 31, 2012, in Gadsden County, Fla., but something that's probably even more exciting in the horse world, will take place – voting for pari-mutuel betting on barrel racing. A pari-mutuel barrel racing meeting is just part of a referendum where voters will also decide whether to allow slot machines at the facility where Gretna Racing facility, located about 25 miles west of Tallahassee.

If the referendum passes, the Gretna Racing facility would be the first Florida pari-mutuel to have slot machines outside the southeast Florida counties of Miami-Dade and Broward. But more importantly, it would more than likely greatly impact the horse industry, as it would be the first state to legalize pari-mutuel barrel racing as, according to an article on Bloodhorse.com, the barrel horse industry’s largest association, The National Barrel Horse Association located in Augusta, Ga., has no knowledge of any pari-mutuel barrel racing in any state.

According to an article in the Tallahassee Democrat, the Gretna Racing application to use its Quarter Horse permit to conduct pari-mutuel barrel racing at its facility is being opposed by two prominent Florida Thoroughbred associations and the Florida Quarter Horse Racing Association, who maintain that pari-mutuel barrel racing is not authorized under the state’s laws. A provision in a 2010 Florida law allows any Florida county to hold a referendum to allow slot machines at pari-mutuels in its county. A pari-mutuel must run the minimum number of required evens for at least two consecutive years to be eligible for slot machines.

Gretna Racing plans to hold 40 race cards, the minimum required, between Dec. 1, 2011 and Jan. 15, 2012. It also will have a poker room that can be open 365 days a year. The Poarch Creek Tribe, based in Atmore, Ala., owns 70 percent of Gretna Racing and the property is on land the Poarch Creeks purchased and not on Tribal lands. Therefore the slot machine proposal would be subject to Florida laws and not Federal laws on Indian gaming.

If this passes, what could be next? Pari-mutuel cuttings, reining, ranch horse or reined cow horse competitions? And which would be the next states to pick up on this influx of cash into the horse industry: Texas, California – or Las Vegas? The answer will more than likely be evident on Jan. 31.
Click for more information from Bloodhorse.com>>

OWNERS VYING FOR BOARD OF DIRECTORS POSITIONS FOR THE NRCHA CRITICIZE PROPOSED BY-LAW CHANGES … AND THE METHOD OF GETTING THEM PASSED

By Glory Ann Kurtz
Oct. 25, 2011

Dave Allen shown with his wife Loke. Dave, who is a member of the new NRCHA Owners Association and vying for a spot on the Board of Directors, is questioning proposed by-law changes of the association.

Now that the National Reined Cow Horse (NRCHA) main event of the year is over, the members’ attention has turned to politics. Three members of the newly created Owners Committee, vying for seats on the Board of Directors of the NRCHA, are urging members of the NRCHA to “disagree” with proposed by-law changes regarding the appointment of officers and directors. And time is an essence as the ballots have been mailed out and 100 members must mail them back with “disagree” selected by Nov. 1, if they don’t want the proposed changes to take place. NRCHA President Kathy Gould, Raymond, Calif., says that the article in question has been in effect for years and to her knowledge all by-law changes have been made in this manner.

HISTORY OF THE NRCHA:
The NRCHA, which was previously the California Reined Cow Horse Association (CRCHA) has been around for over 60 years. According to Gould, in 2009, there were close to 4,000 members in all 50 states. Many feel it’s the most exciting Western equine event and has the most appeal to spectators, as it combines early Spanish traditions of highly trained and well reined working cow horses. And, its Hall of Fame includes such greats as Don Dodge, Greg Ward, Bobby Ingersoll, Harry Rose, Ronnie Richards, Stan Fonsen, Smoky Pritchett, Carol Rose, Les Vogt, Don Murphy, Jim Roeser, Doug Williamson, Teddy Robinson, Benny Guitron, Jim Paul and many others.

Over the years, the event has created several millionaires in the arena, including Ted Robinson, Bob Avila, Todd Crawford, Jon Roeser, Todd Bergen, John Ward and one Non-Professional, Anne Reynolds.

NEW OWNERS ASSOCIATION CREATED:
As what usually happens in most equine non-profit associations, when an association grows, the individuals who are the majority of the membership and spend the most money, have very little say in the policies and planning of that association. Whether this is by design or due to apathy seems to be the question.

Last year this subject came up and in response the Board of Directors of the NRCHA set up the NRCHA Owners Association, which is co-chaired by Dave Allen of Utah and Newt White, Santa Fe, N.M. According to Dave, the goals of the group are “simply to give the owners a forum to provide feedback and input to the board.” However, as they went through this process, they decided what they really needed was to have a few of the owners actually be on the Board.

“We discovered that owners comprise 75 percent of the NRCHA general membership but hold just 25 percent of the Board of Directors seats,” says an advertised flyer which was also e-mailed to members and cow horse lovers. “We felt it was time for new voices - leaders with a vision and a plan, so we could make NRCHA stronger than ever and in the process have more fun.”

WHY ARE THEY CANDIDATES FOR THE NRCHA BOARD:
Dave pointed out in the flyer that the association has not grown in the past five years and said that has to be changed. He feels this can be done by improving the association’s premier shows by giving them more spectator appeal, better venues, increased pace and bigger purses. “We need new members to promote our thrilling sport by inviting them to experience why we fell in love with cow horses. We need to reach out to other associations, deliver value to our supporters, increase sponsor benefits and recognition and deliver a better return for everyone that participates.”

Dave and others feel that the NRCHA needs to develop a five-year plan for NRCHA’s future in a step-by-step process including an honest look at the financial picture, an open dialogue with the members and a plan for positive change. He pointed out how the association needs its members, particularly owners, to be involved in helping them determine how to grow, how to get new members, how to make it more fun and how to get people to try and stick to the sport – as well as spread the excitement and thrill that got us all involved in the first place.

Asked about the financial position of the association, Dave said, “We think the organization is in good condition, but the financial reports we have seen, don’t really give any detail. One of our goals is to have owners who are professional business people have access to the full financial reports so we can understand the condition of the organization and how to help it grow.”

According to Dave, there need to be bigger rewards and lower costs, therefore new sources of revenue and funding needs to be discovered to take the pressure off of membership and entry fees and increase payouts. Isn’t that what all equine associations are striving for?

As a result, Dave Allen, an NRCHA owner, breeder and exhibitor, as well as a graduate of Columbia School of Law and senior project manager for one of the largest developers in the western United States (http://www.aspenmeadowsranch.com); Bill Tointon, an NRCHA owner, breeder and exhibitor from Colorado who owns and operates several successful businesses (http://www.diamonddoubletranch.com) and Jim Vangelos, also an NRCHA owner, breeder and exhibitor, an active non-pro, chairman of the NRCHA Marketing committee and the owner of a plastic container company in California, are the owners’ candidates for a December election.

PROPOSED BY-LAW CHANGES:
Recently members of the NRCHA received a notice of proposed by-Law Changes, which, according to Allen, gives the President of the NRCHA more power by having him/her appoint four members to the Board at the beginning of the year, (all of whom would obviously be supporters of that President). At the end of the year, a new Board is elected, however, under the proposed change, the four appointed members, as their last act, get to vote for the new President or the re-election of the current President.

“Of course, they are likely to give a ‘payback’ vote to elect the President or desired nominee of the President who appointed them,” said Dave. “Then, just to make it worse, the President, as his/her first action of the new year, appoints four ‘new’ board members, which is an opportunity for the President to re-appoint the same four members who just re-elected him or her. This is simply a rule change that makes changes at the NRCHA more difficult and it is our opinion that appointed Board members (as opposed to those elected) should not have the opportunity to vote for President – otherwise it is too easy to become a system of favors and payback.”

The recent e-mail sent out to NRCHA owners is asking members to disagree with these by-law changes. “We only need 100 ‘disagree’ votes,” said Dave. “Unless at least 100 members send in that ballot with the “disagree” area checked, these changes will automatically take effect without any further discussion. Why are we rushing to make changes to how we elect the NRCHA President now? The process and timing of this seems so wrong and it is issues such as this that have motivated us to run for the NRCHA Board of Directors and do what we can to see that ‘members have a say’ in how their association is run.

However, according to Dave, the potential candidates believe important changes to the rules should not be made without having the benefit of discussion with the membership at the annual meeting, which is the normal way important changes should be made. “This method of change is basically relying on the apathy of NRCHA members. They have been sent a proposal that is difficult to understand, is not put in any context and unless the members take the affirmative step of voting against it, they are deemed to have voted for it. This is the wrong way to do business.”

President Gould was asked if any previous ballots for change that had been sent out to members had ever been opposed by the needed 100 members and if not, if she thought it was simply apathy or members were on board with the changes. In response, President Gould says, “To my knowledge no by-law revisions or amendments have ever been voted against. I would like to think the members are on board with the changes but we know there is a lot of apathy out there and also a lot of, ‘We voted you in to do what is right.’ “

She went on to say that the two changes to Article V, Section 2 are meant to be clarifications. “You really have to read the entire section as it was to understand that a “no” vote will not change the process as it now exists,” said Gould. “There are people who do not like the rule that has the President appoint Board members, but voting “no” will not change that. That would take a new by-law amendment.”

“Also, in previous years, because of a lack of more business-oriented people being elected on to the board, the current by-law was rarely followed concerning election of officers and then appointments being made. The President would be voted on, then appointments made, then the rest of the officers. That way the President would have at their disposal some true business-type people to have as officers, such as vice president and treasurer, which are our (NRCHA) two financial positions. Since it has been done that way for so many years, we are simply amending the by-law according.”

“The other three changes simply expand the dates for our nomination and elections so that that business can be done in a timely matter,” continued Gould. “When we were the CRCHA a week was plenty of notice to be able to get to a meeting close to your house. Now that we have truly become a ‘national’ organization, it takes a little more time to book a reasonably priced airline ticket and make all the arrangements necessary to attend that first meeting of the year.”
Click here for p1 of proposed by-law amendments>>
Click here for p2 of proposed by-law amendments>>

Asked about the term limits for officers and board members, Gould said the officers are elected year to year while board members are elected for two years. The 11 elected board members are staggered, with five being elected one year and six elected the following year.

According to Gould, the annual General Membership meeting is held during the Celebration of Champions, held within the NRCHA world Show, in San Angelo, Texas. Show dates next year are Jan. 28-Feb. 5. The meeting is held during that last week, generally on a Saturday.

Officers of the association include Kathy Gould, Raymond, Calif., President; Howard Erenberg, Santa Ynez, Calif., Vice President; Carol Rose, Gainesville, Texas, Secretary and Paul Bailey, Cookeville, Tenn., Treasurer. Board members include Darren Miller, Watkins, Colo., Executive Committee; Jon Roeser, Lemoore, Calif., Exec. Committee; John Hyde, Badger, Calif.; Lyn Anderson, Madera, Calif.; Sandy Collier, Buellton, Calif.; Ramona Koch, Paicines, Calif.; Marilyn Peters, Edmond, Okla.; Dan Roeser, Marsing, Idaho; Sam Rose, Pilot Point, Texas; Kevin Stallings, Tucson, Ariz., and John Ward, Kingsburg, Calif.

Asked if the NRCHA has an Executive Director, Gould said, “No. Pro Management of Byars, Okla., is the paid management company that runs the offices of the NRCHA.
Click here for copy of the 2011 Rule Book>>
Click here to go to the NRCHA web site>>

WELK LAWSUIT AGAINST JEFF FOLAND DVM TO GO FORWARD SEVEN MONTHS FOLLOWING ORIGINAL DATE

By Glory Ann Kurtz
Weatherford, Texas – Sept. 6, 2011

The Welk v Foland jury trial will begin Sept. 13 with jury selection and will center around Juan Bad Cat, a well-bred cutting horse stallion.

Almost seven months to the day from when a lawsuit filed by Larry and Lynn Welk, Malibu, Calif., against Jeff Foland DVM and Weatherford Equine, Weatherford, Texas, was originally scheduled to be held, a jury trial will take place. The original Feb. 14, 2011 court date was postponed due to the illness of one of the lawyers on the defense team. The new jury trial date is Sept. 13 and will be heard in State District Judge Graham Quisenberry’s 45th District Court in Weatherford, Texas. Jury selection will begin on that date.

According to court records, the Welks are suing Foland for malpractice and negligence in the “loss to compete and syndication” of a valuable young APHA cutting horse stallion, Juan Bad Cat, also known as Wanna Cat Around. The 2002 stallion was a one-of-a-kind-bred stallion, being sired by the industry’s leading sire High Brow Cat (with his offspring earning over $43 million) and out of Juana Twinkle, a full sister to Like A Diamond, one of the cutting horse industry’s greatest mares and the dam of offspring earning over $1.2 million. Both mares are daughters of Grays Starlight, a leading cutting horse sire and maternal grandsire, and out of the great mare Diamond Jewel Wood, the dam of offspring earning $228,702.

The Welks are represented by Robert Talaska of the Talaska Law Firm and Theodore G. Skarbowski of The Skarbowski Law Firm, Houston, Texas, while Foland is represented by Donald A. Ferrill of Brown, Pruit, Peterson & Wambsganss of Fort Worth, Texas.

Court records show that Foland is accused of doing three procedures, one of which was a surgery, in July 2005 on the stallion, without first consulting with the horse’s previous veterinarian, Van Snow from California, about the medical history of the horse, nor the owners, Lynn and Larry Welk, even though he had been instructed to not do any medical procedures without consulting Snow and/or the Welks.

Larry Welk is the son of famed bandleader Lawrence Welk, who passed away at 89 in 1992 and who hosted the Lawrence Welk Show from 1955-1982. In fact, the Welk’s Champagne Ranch is named after Larry’s father whose music became well known as “champagne” music.

COLORADO STATE UNIVERSITY SETS UP FUND TO HELP REBUILD EQUINE REPRODUCTION LABORATORY FOLLOWING DEVASTATING FIRE

By Glory Ann Kurtz
Aug. 29, 2011

Colorado State University lost their Equine Reproduction Laboratory in a devasting fire on July 26. They have set up a fund to help them rebuild.

Colorado State University, one of the nation’s leading equine research and breeding schools, located in Fort Collins, Colo., has established a fund to help rebuild the Equine Reproduction Laboratory which was damaged by a devastating fire in the early-morning hours of July 26.

The Poudre Fire Authority, who responded to the fire which was limited to the Reproduction Laboratory’s office building, is completing the investigation into the cause of the fire. Unfortunately, the building was destroyed by fire, but there is hope that items within the building will be salvageable, including semen, oocytes or embryos stored at the facility. It is expected that most, if not all, of the high-tech equipment is a complete loss.

According to the Colorado State University web site at http://www.cvmbs.colostate.edu, even though the extent of the loss of the building contents may not be known for months, the Equine Reproduction Laboratory, which has been relocated to a new workspace, will continue to offer clinical services to clients, including breeding and foaling services as usual. Mare services will also be continued, including ultrasound examinations, artificial insemination, breeding soundness evaluations, embryo collection and transfer, and most other standard services.

CSU also wants clients who had semen, oocytes or embryos stored at the facility, to know that: 1) Not all client samples were stored in the building damaged, 2) they are currently assessing the viability of the samples and are taking all steps to salvage samples by placing them into ideal storage conditions, 3) they are individually going through the thousands of samples to ensure each client receives the best service possible, 4) they are communicating with each client individually about the status of their samples and letting them know the steps they will be taking and 5) they are asking for the clients’ patience as they are exercising care with the samples and adding extra resources to help them during the recovery effort.

The fund established to help rebuild the facility is available by going to https://advancing.colostate.edu/ERLREBUILD.

The embryo transfer program will shut down seasonally as usual on Sept. 1 and it is anticipated that all mare services, including foaling out mares, will continue to be available as usual in the 2012 breeding season.

Aug. 24, 2011

Brody Beaver, 20, the only son of eight-time World Champion Joe Beaver and his wife Jenna, died the morning of Aug. 24.

Joseph Broderick Beaver, nicknamed "Brody," Huntsville, Texas, the only child of eight-time World Champion Cowboy Joe Beaver and his wife, Jenna, died the morning of Aug. 24. Although it has not been confirmed, early reports are that the 20-year-old died of a self-inflicted gunshot wound.

Brody started competing as a cutter in December 2006 and picked up his first big win as a cutting horse rider at the 2008 Eastern National Championships riding his 12-year-old gelding, Lorrens I Lee by winning the $10,000 Amateur. He also was Reserve Champion at the Houston Livestock Show Amatuer cutting earlier that same year. Beaver rode a 14-year-old bay gelding named Ali to the national boys cutting championship at the 2009 National High School Finals Rodeo in Farmington, N.M., receiving a trophy saddle, buckle and a scholarship to attend Weatherford (Texas) College.

Brody was born Nov. 20, 1990 in Huntsville, Texas, to Joe Arlet and Jenna Elizabeth Head Beaver. According to his sponsor Revita Vet Systems web site, hard work,long miles and competition have not been a stranger to him since he was 10 days old, when his mother, Jenna, took him with her to Las Vegas, to watch his father, Joe, compete at the National Finals Rodeo. That started a pattern that has continued almost without interruption.

Brody competed in equine sports from the time he was 7 years old, starting with Hunter-Jumpers. From there he moved on to Western Pleasure, back to Hunter-Jumpers, to Polocrosse, next Polo, and finally settling on Cutting Horses. “There’s no feeling in the world the same as a good horse locking on to a good cow and breaking it down.” From then on his life has revolved around horses, cows, and 2-and-a half-minutes. According to NCHA, Brody had $68,672 in NCHA earnings and had achieved the Bronze Award.

Visitation will take place Saturday, Aug. 27, from 5-8 p.m. at Sam Houston Memorial Funeral Home, 1700 Normal Park Drive, Huntsville, Texas. A memorial service has also been scheduled for Sunday, Aug. 28, at 6 p.m. at the Walker County Fairgrounds, Highway 30 West, in Huntsville. Send memorial donations to the Brody Beaver Scholarship Fund, First National Bank, Huntsville, TX 77340-3856

By Glory Ann Kurtz
July 28,2011
On July 28, 2011, the panel of judges in the Second District Court of Appeals in Tarrant County, Texas, sent a 29-page opinion overruling each of Paula Gaughan’s three issues with the previous court ruling, and affirmed the trial court’s judgment. Members of the appellate court panel included Anne Gardner and J. J. McCoy, along with William Brigham, Senior Justice retired, sitting by assignment.

The appellate court overruled Gaughan on all three issues, including the $75,000 in attorney fees due to the NCHA.

Background:
On April 21, 2008, Gaughan had made a written request to inspect the books and various financial records of the NCHA for the purpose of “genuinely being interested in fostering increased participation in NCHA events by lowering the costs associated with that participation and making sure that the membership dues and other monies received by the NCHA and being spent with the best interests of the NCHA membership in mind.
After several responses from the NCHA and Gaughan, Gaughan filed suit against the NCHA on May 20, 2008, seeking a judicial declaration that she is entitled to inspect and photocopy each of the records identified in her April 21, 2008 letter, receiving a temporary restraining order to prevent the NCHA from destroying or altering records she sought to inspect and copy. Following a hearing, the trial court dissolved the temporary restraining order and granted the NCHA’s request for entry of a protective order.

The trial court signed a protective order permitting the NCHA to designate certain documents as “confidential” and prohibited Gaughan from reproducing, disclosing or disseminating those documents to anyone other than her counsel. The NCHA then sought recovering of its attorney fees and a judicial declaration that it had acted reasonable and in accordance with the law.
Following several cross motions and summary judgments, , the trial court declared that the NCHA had fully complied with all of Gaughan’s requests to review documents of the association and all legal requirements. The trial court also ordered Gaughan to return all records marked “confidential” and to not disclose, disseminate or reveal any of the confidential records or their contents to any third parties. Gaughan appealed.
Click for a copy of the appellate court ruling>>

LEGISLATIVE REPORT DESCRIBES EXTRA DOLLARS FOR NCHA, PLUS RENEGOTIATED CONTRACT WITH WESTERN BLOODSTOCK AT 2011 NCHA CONVENTION

By Glory Ann Kurtz
June 22, 2011
Following are highlights of some of the accomplishments and decisions decided at the 2011 NCHA Convention held June 17-19 in Oklahoma City, as well as the results of the Committee meetings which were summarized during the Membership meeting held on the final day of the Convention. However, these suggestions will not change rules or become rules until they are voted on by the Executive Committee during their August meeting.

ACCOMPLISHMENTS AND DECISIONS:
There were two Board of Directors meetings open to all members. They included a report by NCHA attorney Jim Morris on the two current pending litigation matters: Paula Gaughan v NCHA and Lainie and Ray Whitmire v NCHA. Since both cases are in appeal mode and are technically live cases, Morris said he couldn’t get into specifics or strategies on the cases.

Also, a Legislative Report was given by lobbyist Jim Short explaining how the NCHA has moved from the Major Events Trust Fund, which generated approximately $1 million annually for the association, to a much higher level. The Mega Events Trust Fund puts the NCHA Triple Crown events in the same category as the Super Bowl, Formula 1 auto races, etc., As a result, the association could annually see the money they receive from the state doubling – even being raised to over $2.5 or $3 million. This was all made possible by members getting involved and making contributions to office holders through the NCHA Political Action Committee. Short emphasized the obvious: “Money is the mother’s milk of politics.”

Also the NCHA has renegotiated the annual sale contract with Western Bloodstock, which will net the association less of a set minimum payment (reduced from $650,000 to $500,000) and more of a percentage based on gross sales. NCHA is expecting approximately $560,000 from the horse sales this year.

The financials were not passed out at this year’s Convention; however, some financial charts were shown on a Power Point presentation. However, the full financials are posted on the NCHA web site at www.nchacutting.com.

The proposed amendments to the Constitution and By-laws proposal regarding the counting of votes for all NCHA elections were adopted by the Board of Directors and ratified by the Membership.

More detailed information on the above subjects and my personal opinion piece on the Convention will be forthcoming in future posts.

AFFILIATE OFFICERS-SECRETARIES COMMITTEE MEETING-JUNE 17
Chairman: Dee McLauchlin gave report

1.Change wording on Standing Rule 3: Current wording: “Show management may assess a $5 fine per occurrence when a copy of registration papers is not submitted …”
Motion made and seconded that a copy of registration papers and transfer paper must be submitted to secretary. Show management may assess up to $25 fine if papers not produced according to affiliate by-laws.
2.Discuss the repercussions of videographers who are not complying with the membership requirements as set forth by the Executive Committee.
The Judges Rules Committee will define who is responsible for videographer’s condition.
3.Status of Fastercut training video.
This will be taken to the Faster Cut Friday meeting.
4.Discuss coming events edit sheets.
List all fees for classes, including unapproved NCHA classes.
5. Discuss Limited Age class order being shown in the Chatter.
Create a liaison sub-committee to work with the NCHA IT dept. to provide a list of items committee members would like to see incorporated in the new the NCHA operating System.
6.Discussion of allowing weekend shows to be held in conjunction with Major LAE to continue with their 50-day application deadline.
No action taken.
7.Discussion of the stall/cattle fees deadline. Current rule states changes must be reported a minimum of 30 days in advance of show.
No action taken.
8.Presentation by Gist Silversmiths, the official buckle of the NCHA.

New business: LAE held in conjunction with weekend shows that have $499 or less added money – show mgmt has option to provide 2 ½ head of cattle instead of 3.

AMATEUR COMMITTEE HELD JUNE 17
Chairman: Tom Neal – Lewis Wray gave report

1.Wayne Hodges Trailer - $50,000 Amateur World Champion.
Wray thanked Wayne Hodges for his donation of a 4-Star 3-horse gooseneck trailer courtesy of Wayne Hodges for one year, given to the $50,000 Amateur Futurity Champion.
2.New Sponsor Cowtrac Systems:
Discussed recommending awarding a Cowtrac System to go to High-Point Senior Amateur winner from the three major aged events. Calculated in 2012.
3.Amateur Survey – proactive – information gathering.
It was recommended to approve the Amateur Committee survey via e-mail to all amateur members with a valid e-mail address. Will send out survey to gather information from members, giving beneficial feedback to the Amateur Committee.
4.Cell phones in loping area at major events.
It was recommended that it be added to Loping Pen Etiquette and Guidelines that when using a cell phone, riders should move to outside of the flow of traffic to utilize the cell phone. We see a need for cell phones for lopers to contact bosses, etc.; however, we would like the use to be safe.
5.Convention recommendations must be carried to Executive Committee in that form.
Recommendations from this committee for a new standing rule requiring convention recommendations as stated in the general membership meeting be carried forward in the same form to the Executive Committee.
6.Limited Non-Pro: a) change back to class-within-a-class (in the Non-Pro) – option of entering Non-Pro, Limited Non-Pro or both b) combine Limited Non-Pro and Amateur – option of entering Limited Non-Pro, Amateur or both or c) Eliminate Limited Non-Pro and raise Amateur limit..
Committee looked at Limited Non-Pro. Felt there should be three options. The committee recommended moving the Limited Non-Pro back to Will Rogers and increasing the entry fee from $100 to $200 to cover the additional facility costs.
7.Discussion on allowing 16-horse sets at the Super Stakes and Summer Show in the first go-rounds:
Recommended the approval of the 16-horse proposal for the first set at the Super Stakes and Summer Show. This rule allows for an eight-set day instead of nine sets a day, as long as there are no more than eight ties. This would allow for 128 runs in eight sets. For 129 or more runs, it would be required to have nine sets.
8.Discussion of Standing Rule 51.a.4 (page 140 of the NCHA Rule Book) “the Family-owned horse rule.”
The rule was discussed at length but there was no action taken; however, the committee reserved the right to study and re-look at it for research.

New Business:
A motion was made to change the entry payment dates of the Amateur class at the Super Stakes and Summer Spectacular, moving them up one month to assist cattle needs for the association. It was felt that this would give Dave Brian and his people time to go forward to determine number of cattle needed for the class.

A motion was made and passed that part of the first payment of the Amateur be utilized to allocate money taken from the jackpot for additional prizes to help the Amateur.

JUDGES RULES COMMITTEE – JUNE 17
Chairman – Ernie Beutenmiller

1.Discuss the repercussions of videographers who are not complying with the membership requirements as set forth by the Executive Committee.
Regarding the March 31 requirement passed by the Executive Committee stating that all videographers must be NCHA members, it is estimated that half have abided by this rule.
It was moved by Dennie Dunn, seconded by Joe Cameron and passed unanimously that a letter be sent to show producers and secretaries whose listed videographers are not members of the NCHA and that they must become members by the next show. The membership fee of the videographers may be paid for by the videographer, show producer or the show secretary.
2.Discuss keeping the Judges Rules Committee informed of the amount of protests being received:
The annual number of protests discussed varies around 50 on an average per year. Members are utilizing judges’ evaluation forms more often. Moved by Tom Lyons, seconded by Gary Ray, that there be a chart listing the number of protests received, with how many valid or invalid protests being listed in the quarterly newsletter, as well as provided to the Judges Rules Committee.

It was also passed that a quarterly Judges Report be developed by Russell McCord, with publication in the Chatter under topics and Rules issues and also being sent to members of the Judges Rules Committee, with contact information for those who desire further information and issue requests on these issues.
3.Discuss Judging Rule 15 regarding failure to separate. Recommend changing the number 2 to 1 on page 106.
Moved by Joe Cameron, seconded by Ronnie Rice and passed, a new rule that if a horse clears the herd with one or more cattle, and fails to separate before quitting, there will be a 5-point penalty.

Also, pertaining to Judges Rule 14, during a monitored 3-5-judge event, if a major penalty is called in error a 1-point penalty not previously charged, it will be adjusted and reflect the 1-point penalty. Note – added to Rule 6 – rules 13 and 14.

NON-PRO COMMITTEE MEETING – JUNE 17
Chairman: Bob Peterson

1.Limited Non-Pro Logistics (Will Rogers vs. Watt – cost comparison) a) change back to class-within-a-class (in the Non-Pro)- option of entering Non-Pro, Limited Non-Pro or both, b) Combine Limited Non Pro and Amateur -option of entering Limited Non-Pro, Amateur or both or c) Eliminate Limited Non-Pro and raise Amateur limit.
Recommended going back into Will Rogers coliseum to show. Any Non-Pro eligible for Ltd. Non-Pro will have three options on how they wish to enter:
a) may enter and show one time in both classes, pay two entry fees – one Ltd. Non-Pro with one cattle charge. Score will be the score for Non-Pro and Limited Non-Pro
b) Enter and show two times, pay two entry fees: Non-Pro and Limited Non-Pro, plus two cattle charges.
c) Contestant may enter Ltd. Non-Pro only, pay one entry fee and one cattle charge. Notation will be on draw sheet next to name that they are showing in Non-Pro and Ltd Non-Pro or just Ltd. Non-Pro. If showing two times, once in Non-Pro and once in Ltd. Non-Pro, they can show two different horses or the same horse.
Passed unanimously
2.Senior Limited Non-Pro Age exception (age 60, $200,000 to $400,000 in earnings)
Passed unanimously.
3.Allowing 16-horse sets at the Super Stakes and Summer Show in first go-round:
Passed unanimously.
4.Non-Pro – verbiage page 129, item F – clarification of rule/where cattle are present.
Recommend clarification: If you are boarding horses in barn and provide cattle for training, you may not work boarders’ horses on cattle in any arena, pen, pasture or cutting device.
Passed unanimously.
5.Cell phones in loping area at major events:
Recommended to bring to the riders’ attention under “Etiquette Rules and Guidelines.”
6. .Rule 50.d.6 – Remove $50,000 cap of Non-Pro showing in Open LAE:
Requested removal of $50,000 cap on Non-Pro Limited aged events. It has been removed for weekend shows and we recommend removal from Limited Aged Events. Felt Open should be Open.
Passed unanimously.
7.Discussion of Standing Rule 51.a.4 (page 140 of the NCHA Rule Book), “the family-owned horse rule.”
Moved to table and do more investigation and present to the Executive Committee for their August meeting.
New Business – Limited Non-Pro payments:
Agreed to have those brought up by 30 days to coincide with Limited Non-Pro and Amateur.

PROFESSIONAL TRAINERS COMMITTEE – JUNE 17
Chairman: David Stewart

Russell McCord gave presentation for this year’s Futurity. Plans for event before the Open Finals on the arena floor, include recognizing the past 49 champions to commemorate the 50th edition of the Futurity.

1. Discuss revenue from the practice pens at the three major events:
Dave Stewart, moved, seconded by Phil Rapp to recommend use of the Watt arena anytime we have cattle there to utilize following the cutting. Sold for 30-minute blocks or 60-minute blocks for approximately $225 or $450 so we have another place for people to practice. Sign up by noon of that day.
Passed unanimously.
2. Discussion of drug education, monitoring, administration and tolerance.
Lindy Burch and Jerry Black gave drug education and policies .
3. Recommend more news and updates on NCHA website in addition to Face book.
No action taken
4.Recommendations for improved communication with directors and Committee chairman.
No action taken
5.Discussion of consolation round in Futurity.
For the 2011 Futurity, it was discussed taking next horses following second go-round, with a maximum of 120 horses – minimum of 60, to a new consolation round. Entries due by noon next day after second go round. It would be a jackpotted class with a $850 entry fee with awards given to top 7. Open for anyone that did not qualify for semifinals of Futurity.
6.Discussion of allowing 16-horse sets at the Super Stakes and Summer Show in the first go-rounds:
Approved.
7.Re-address the Amateur and Limited Status:
Recommended that Amateur and Limited Non-Pro mirror that of the Non-Pro and come back into Will Rogers Coliseum

STALLION OWNERS MEETING – JUNE 17
Chairman: Shane Plummer

Changes for the Super Stakes were gone over and recommended to the Executive Committee and Finance Committee and approved. Lots of changes were made for a number of reasons. It’s important for everyone in the industry to understand where the Super Stakes was and the trends. The declining trend in participation was discussed, and we knew we had to make changes to the program, not only to save the Super Stakes but also to have it grow and prosper.

We discussed many different things, basically by making changes we believed we could rejuvenate not only the breeding industry but also the side of the industry, because that’s where we have the inventory of horses. By doing things, we can grow the purse. A bigger purse would encourage more people to participate, we would have more horses and more trainers training horses, etc. It would really help the health and strength of the industry.

One change was passed unanimously after explaining the program - the part of enrollment of the foals penalty structure for late enrollment. We amended the rule of the yearling ear penalty nomination. It will be discounted from $2,500 down to $1,250 for the transition period of three years: 2012, 2013 and 2014.

We discussed the new program in detail with the understanding that it was up to us to make it work. We need participation so the education process had to be done for the entire association. The key will be for us to continue to work hand in hand with the NCHA staff.

Jo Ellard was appointed to meet with the staff during the Summer Cutting to build and initiate a promotional plan and for educational purposes. They will not be limited to adding a section on the website detailing the new program, but will be in the weekly newsletters to over 11,000 e-mail addresses that the NCHA has and monthly e-mails for all members.

1.Discuss/adjust/approve LAE schedule for January-June 2012.
We approved all shows with the exception of one new show, which will have to either adjust their dates or money to comply with our rules.
2.Discuss the repercussions of videographers who are not complying with the membership requirements as set forth by the Executive Committee:
We decided we needed to do all we could do to see that they are all in compliance.
3.Evaluate rules applying to weekend shows within aged events.
We evaluated the rules and made only one change. When we have an aged event within a regular weekend show, we decided to say “aged event classes” as opposed to “aged event shows.”
Passed unanimously.
4.Elected a sub-committee to look into the possibility of getting a sponsor for our tour of limited age events. This would be an added benefit for the cutters.
Passed unanimously.

OPEN SHOW COMMITTEE – JUNE 18
Chairman: Ernie Beutenmiller – presented by Chris Dublin

1.Discuss Mandatory weekend payout.
The Mandatory weekend payout was changed in January but needed tweaking, so we proposed minor changes to the money paid and the percentage payout schedule as follows:

Beginning at 3rd place – it currently pays three places from 8-12. Moved to change from 8-11. That follows the structure down to 50 horses, with one less horse getting a check. Currently it ends at 12 at 51 and over horses. Amend to 50 horses and over.

The second portion deals with the percentage payout. In a 3-pay class, change 50-30-20 to 47-33-20%. We felt this more evenly distributed increments.
2.Discuss eligibility of the $3,000 Novice horse. Current rule states limited-age earnings do not count for eligibility. Changing rule would pertain to lifetime earnings in this class.
No action taken.
3.Discuss money won at the Eastern/Western. Current rule states does not count toward horse/rider eligibility. Proposal would have these earnings count toward horse/rider eligibility.
No action taken.
4.Review Standing Rule 13 – Discuss $3,000 added with one go-round and finals pay all money in finals and use the unit payout.
Passed unanimously proposing that shows with more than $5,000 in added money have one go-round and finals with all money paid in Finals using World Series payout.
5.Discuss Youth World Finals and point year – proposal to change their point year to go from Memorial Day to Memorial Day and have their Youth World Finals during the Summer Show.
Recommended changing point year to Memorial Day to Memorial Day and have finals during Summer Show.
Passed unanimously to support Youth Committee recommendations.
6.Discuss World Finals for Top 15 in all classes returning to a World Finals Show.
Discussed World Finals scenario with top 15 in all classes returning to World Finals Show. Motion made to form a sub-committee to meet at the Summer Show to discuss details and possibly deciding the event format.
7.Discuss number of horses in the Finals at the Eastern/Western National Championships.
Motion made to change the minimum to 15 from current 20. Should help bottom line for show.

8.Discuss at Eastern/Western National Championships in the Open, $3,000 Novice Horse and $10,000 Novice Horse classes allowing three horses.
No action taken.
9.Discuss rule at weekend LAEs to require to be provided at least three head of fresh cattle per work. Maybe it could be based on the amount of added money the same as the $750 added for weekend classes, Standing Rule 8, Page 18.
Weekend LAEs currently required to have at least three head of cattle per work. Moved for cuttings with less than $750-added, to give show mgmt option to use 2 ½ cattle.
New Business: Recommend weekend shows with pre-entries before the draw can charge the cattle charge on scratched entry.

1.New Super Stakes Sire & Foal Nomination Program – penalty for late foal nominations.
Recommended the nomination for the yearling year be discounted from $2,500 to $1,250 for 2012-2014.
2.Add a Consolation round at the Futurity, similar to Wild Card.
Recommended to mirror recommendations of Professional Trainers Committee.
3.Limited Non-Pro: a) change back to class-within-a-class (In the Non-Pro) – option of entering Non-Pro, Limited Non-Pro or both, b) Combine Limited Non-Pro and Amateur – option of entering Ltd Non-Pro, Amateur or both or c) Eliminate Limited Non Pro and raise Amateur limit.
Recommended to move Ltd Non-Pro back to Will Rogers and go with same recommendation as Non-Pro Committee did.
4.Review payout of Limited Age Events with sliding scale based on number of entries.
The committee reviewed the payout on Ltd. Aged Event and after discussion decided it wasn’t the way it should be. It went from the top hole in the Futurity – down too low, too quick. No action taken. They will run the numbers again with more scenarios and make a decision in the future.
5.Discuss allowing 16-horse sets at the Super Stakes and Summer Show in the first go-rounds.
Took same initiative as they took in the Trainers Committee, allowing 16-horse sets in the first go-rounds of the Summer Spectacular and Super Stakes.
6.Discussion of Awards Presentations on the arena floor.
We thought this was very important for all contestants to show up and get awards. We want to look good and professional and need to be professional and show up. You’re getting an award. Show up and get it. Owners and sponsors need to see that. Appointed Frank Merrill to form a sub-committee for executing awards ceremony.
7.Establish a Medication Advisory Board with regard to drug testing with NCHA being in charge of protocol.
This has been taken care of by Lindy Burch. No action taken.
8.Discuss weekend Limited Aged Events that have $750 added in a class be required to furnish three head of fresh cattle per entry and shows with less added money per class not have to furnish three head.
A lot of small cuttings are having a hard time making it work with 3 head of cattle per work. Recommended dropping from 3 to 2 ½ head of cattle to save money and keep them going.

9.Publishing Standing Committee Chairman and Vice Chairman’s name with phone numbers on the Standing Committee page listed in monthly Chatter and furnish information on NCHA website for members’ benefit.
We recommended this should be on the website and posted in the Chatter, so if you have a question, you can call them.
10.Discussion of regional representation on the LAE Committee – need someone from Region 4.
This committee will take care of that.
New Business:
Increasing the Futurity purse. Terry Green proposed doubling the Open entry fee at the NCHA Futurity to increase the purse. If all entries did not want to pay additional amount, let it be an option to be jackpotted among participants. No action taken.

Winston Hansma recommended last year that the Open semifinals start time be changed from 8 to 10 am. The committee said they would check on that and try to change it to 10 am.

Limited Non-Pro and Amateur payments dates. Proposal made to change the payment date in Futurity from Sept. 1 to Aug. 1 and from Oct. 1 to Sept. 1, moving first payment up a month. Also move entry payment date in Super Stakes from Feb. 15 to Jan. 15 and in Summer Show from May 1 to April 1, so Dave can do his job ordering cattle etc.

PROMOTION & DEVELOPMENT COMMITTEE – JUNE 18
Chairman: Teresa Courrier

1.Discussion of regional representation on the Promotion & Development Committee – Region 5.

2.NCHA Marketing & Promotions – a Year in Review presentation.
Kalyn gave marketing report on web page.
3.Discuss ideas for new member recognition and involvement and getting directors involved and identifying them during events.
They love the grass-roots clinic. We need to promote the clinic. A month from now the committee needs to meet who is in charge and see that it goes smoothly. Have information distributed to affiliates in the area. Offer to let members sign up for grass-roots clinic on web.

Also make sure that the NCHA is present at big horse events. We capitalized on Kentucky last year. We will rely on our committees and solicit directors to be there for the NCHA. Members and potential members can learn more about it. Kalyn will attend the Snaffle Bit Futurity and do all she can. “It is good to have Boyd Rice and Jason Haefner (winning at the SB Futurity). It’s great to see the cross over and we’d like to expand NCHA members participation.

4.Discuss the impact of $1,000 Amateur pilot program.
It’s our consensus of opinion that 20 percent of the affiliates used the program. Time constraints or people make it so people won’t enter because it’s late in the day. We will present literature to affiliates as a way to switch up show schedules to have the $1,000 or $2,000 Ltd. Rider earlier. Also, literature should be available at the beginning of the show. Directors should also be introduced if they are present. Work with affiliates to see what worked for them on increasing show participation. Consider blogging Affiliate Of The Year application. Publish what works for different affiliates, sub-committees. Use our own resources and see what works the best. Appoint committees to work with affiliate secretaries.

5.Discuss potential International Activities during the 2011 NCHA Futurity.
Capitalize on the 50th Anniversary of the NCHA Futurity with a bus tour. In the past, the committee talked about International activities but we should include all members. We recommended working with trainers and the City of Weatherford to see what we can put together. We need to know how many people are interested in doing this, so we can get a hard count.

6.Discuss ideas for better promotion and utilization of the trade show during NCHA events.
Have some “meet and greet” riders in the trade show. The medical policy was a big thing for 2010 – suggest seminars take place during the 2011 Futurity.

7.New Business: We get so much money from the sponsors that we need to make sure materials get back to the sponsors. Increase benefits to the sponsors and give members discounts for sponsor material or products.

YOUTH COMMITTEE MEETING – JUNE 18
Chairman: Judy Morris

1.Discuss changes and additional requirements for Youth Hall of Fame.
Unanimously voted to leave requirements the same.
2.Youth activities on school days.
No action taken.
3. .Discussion of Standing Rule 51a-4 (page 140 of the NCHA Rule Book) the “family-owned horse rule.”
Moved that family horse rule be increased to age 29 and be the same rule as applied on the weekend level.
Approved unanimously.
4.NYCHA sponsorship of NHSRA.
Voted to take no action.
5.Discuss Youth World Finals and point year. Proposal to change their point year to go from Memorial Day to Memorial Day and have their World Finals during the Summer Show.
Recommended Youth World Finals be held in conjunction with the Summer Spectacular and to change the date of the point year from June 1 to May 2 without changing the standings. Approved.

Chairman: Judy Morris; Vice Chairman Josh Hopkins.

1.Review proposed by-law change to be voted on by NCHA Board of Directors and membership:
The process for election was passed at Board of Directors meeting so I’ll save this for later – It will be voted on at the meeting following this report.
2.Review and discuss Affiliate Guidelines and Processes for receiving NCHA affiliate status.
We have rules that need to be changed due to ambiguity on who votes for this – the area directors or the regional directors. Also, there’s a confusion over the rule that if you don’t vote, it’s accepted as a “yes” vote. There is a need for a rule change; however, we need to do more reviewing on this before a proposal is voted on.
3.Discussion of Bylaws, Article VI, Section Nine regarding Dismissal of officer.
No action taken.
4.Review Bylaws in Article IV, Section 4 & 5 – Vacancies on the Board of Directors.
Need to add wording after polling area directors and Executive Committee members. President will make a suggestion for appointment to fulfill the expired term.
New Business: Make the President a two-year term; currently it’s a one-year term.
No action taken.

Committee was asked to review problems at the Western Nationals at Ogden.
Decided that further research needed to be done.
Future Conventions: Next year, the NCHA Convention will be held at Lowes Downtown, Nashville, Tenn., June 22-24. In 2013, it will be at the Omni Hotel in Fort Worth, Texas, June 21-23. We are looking for places in the West for June 20-22, 2014 and need proposals.

Current members of the Executive Committee are: Region 1, Dennie Dunn; newly elected Region 2 Jerry Louie (replacing Jerry Black); newly elected Region 3, Seth Kirchner (replacing Don Strain); Region 4, Chuck Smith; Region 5, Maben Thompson; Region 6 Edley Hixson; Region 7, Jon White; Region 8, Matt Gaines. At Large member Bruce Richerson, new At-Large members Craig Morris and Don Bussey; newly elected Vice President Barbara Brooks; President Elect Ernie Beutenmiller Jr.and President Keith Deaville.

By Glory Ann Kurtz
June 14, 2011
“People have been calling out of nowhere,” said June McGee, the owner of Justin Insurance, which insures horses through Great American Insurance, responding to how the EHV-1 outbreak has affected her horse insurance business.

While the outbreak has brought her many new customers for horse insurance, McGee said that when the outbreak first hit, she called Great American and asked how she should handle it. They said, “You do whatever you think is right.”

McGee decided she’d just have to go case by case. First she created an amended application, which included the question, “To your knowledge, has your horse been exposed to EHV-1 and if so when. The policy would then be issued with the statement that a 30-day exclusion may apply.”

She said that horses that had been in Ogden would automatically receive a 30-day exclusion. Also, if they had been exposed to horses that were systematic – or were housed on the same premises as horses with symptoms to EHV-1, exclusions could apply.

However, regarding the case-to-case basis, June used common sense, especially in regard to existing clients, when she knows their ethical behavior and history. “If a client buys a horse and he or she is an existing client, I usually do not put any exclusions on the new policy,” said McGee.

McGee says her strategy is that if there is a claim, when the policyholder calls, she will ask if the horse has been exposed to an EHV-1 horse, or if there is one on the premises. When they call a veterinarian, the vet should be able to tell if they had knowledge of this fact, and if so, there would be an exclusion for EHV-1 on the policy. However, she said that so far, she has not had to put an exclusion on anyone’s policy and they have not had a mortality claim from EHV-1.

“I’m treating this as an opportunity,” said McGee, stressing that Great American has been more than fair on many of her customers’ previous claims.

By Glory Ann Kurtz
June 13, 2011
If you’re headed to the NCHA Convention scheduled for June 17-19 at the Marriott in Oklahoma City, it would probably help if you did some homework before you left home. Chances are if you’re a director or are on a committee, you’ve probably already done that; however, if you’re just a member wanting to have a say in your association or you wonder what changes are going to be discussed, there are resources available for your research – namely the NCHA web site at www.nchacutting.com. But I've done some research for you.

There are several reasons why you should attend the Convention. One of the most important is the suggested changes to the Constitution and By-Laws on counting the ballots for all elections. This was detailed in an article that I posted earlier today. So take a close look at that article and if the directors pass it, you will have a chance to vote for it.

When checking out the Schedule of Meetings, you will notice that several meetings are held at the same time. The agenda for each of the meetings is also published, and you can click on the name of the committee to see the agenda or click on the links I have provided.

The Committee Chairman is responsible for this agenda. I am told by Ernie Beutenmiller, Jr., NCHA President Elect and Chairman of the Judges Rules Committee, that the Committee Chairman checks over the submissions to see if anything has been missed, finalizes it and then submits the agenda to the NCHA President and Executive Director in early May. Agenda suggestions can come from any member, including directors, committee members or officers. Evidently changes and additions can be made up to the week prior to the convention, as I notice some changes were made just days ago. However, according to Beutenmiller, the Executive Committee sees the agenda prior to it being published. Therefore, if you’re reading this, it’s probably too late to get an item on the agenda. But remember this date for next year!
Click for Convention Schedule>>

DON’T MISS:
Following are some important dates and times of meetings. In most cases you will have to make choices as up to four meetings are held at the same time. Also, I’ve had some questions sent to me by my readers that need to be asked regarding some agenda items and they are listed following the name of the meeting:

4 p.m. to 6 p.m. Thursday, June 16 and 7 a.m. 5 p.m. Friday and Saturday, June 17-18 – Registration.

* Friday, June 17 – 4:30 p.m. – 6:30 p.m. - Don’t miss the Board of Directors meeting open to all members.
* Friday, June 17 – 6:30 p.m. – 7:30 p.m. - New Directors reception.

* Saturday June 18 - 2:30 p.m. to 5 p.m. - “Educational Seminar” with Dr. Paul Lunn from CSU addressing the “current status of the EHV-1 outbreak and lessons learned” and Dr. Jerry Black and Lindy Burch addressing the NCHA Medication Policies and Guidelines.
* Saturday, June 18 from 5:30 p.m. – 8 p.m. – Reception.

* Sunday, June 19
8 a.m. to 9:15 a.m. - Final Board of Directors Meeting where the new “balloting suggestions” for the Constitution and By-Laws will be voted on by the directors and if it passes, the members.

9:30 a.m. – 11:30 a.m. – General Membership meeting (or 15 minutes following Board of Directors meeting) If the “balloting suggestions” are passed by the Board of Directors, the general membership will be able to vote on it.

MULTIPLE MEETINGS AT SAME TIME:
Friday, June 17 – 9 a.m. – 12 p.m. – Three meetings will be held at the same time: Affiliate Officers/Secretaries committee (Chairman: Dee McLauchlin)
Click for Affiliate Officers/Secretaries agenda>>

Judges Rules committee (Chair: Ernie Beutenmiller)
Click for judges rules agenda>>

Amateur Committee (Chair: Tom Neal)
Click for Amateur committee agenda>>

Note: Watch for the late addition to the Amateur Committee agenda only days before the Convention. Item No. 11 – Discussion of Standing Rule 51.a.4 (page 140 of Rule Book) called the “family-owned rule.” This rule, which allows a non-pro or an amateur, 29 years of age or less, at weekend shows or 21 or less at aged events, to ride the member’s spouse, father, mother etc., to ride each other’s horses. This was a new rule in 2010. Are they already trying to raise the age limit?

Friday, June 17 – 1 p.m. to 4 p.m. – Four meetings will be held at the same time:
Non-Professional (Chair: Bob Petersen)
Click for non-professional committee agenda>>

Note: The Family-owned horse rule will again be brought up. Also, there will be a message as Item No. 9 by Dr. Steve Allday, from NCHA sponsor LubriSyn. (LubriSyn has a new product called Re-Borne Bovine Colostrum which is an all-natural effective way to support an animal’s immune system, boost appetite, promote intestinal health and speed recovery. It is the product that Al Dunning used while treating his 11 horses that had been exposed to EHV-1 at Ogden, with eight coming down with symptoms. See my previous article on www.allaboutcutting.com.) For more information, go to https://store.lubrisyn.com/index.php/re-borne.html)

Professional Trainers committee meeting (Chair: David Stewart)
Click for Professional Trainers committee agenda>>

Note: No. 3 - Discussion of the revenue from the practice pen at the three major events should also include the Eastern – Western and World Series finals – as well as revenue from the vendors, as this amount is substantial and not included in final numbers reported for the shows. It goes into the General Fund.

No. 6 – Improved communication between Committee Chairs and Directors: Members should be educated on how they can get something on a Convention agenda. Also, should members be able to vote for committee members, other than having them be appointed before the convention?

Stallion Owners committee (Chair: Shane Plummer)
Click for Stallion Owners committee agenda>>

Approved LAE Show Producers committee (Chair: Barbara Brooks)
Click for LAE Show Producers committee agenda>>

Note: – No. 4-5 – Reviewing rules applying to weekend shows within aged events and rules for LAE (page 48 in Rule book). Should these rules be rewritten because as they are, they are accommodating only a handful of people?

Saturday, June 18
8:00 a.m. – 9:30 a.m. – Promotions & Development (Chair: Teresa Courrier)
Click for Promotions & Development committee agenda>>

8:00 a.m. – 11:30 a.m. – Open Show (Chair: Jeremy Barwick)
Click for Open Show Committee agenda>>

Note: No. 5 – Discuss $3,000 added with 1 go-round and finals paying all money in finals and use the unit payout. (What is the unit payout and why isn’t it in the Rule Book? Also, this is obviously pertaining to World Series competitions that are included in the chase for World Champion titles. How can there be multiple ways for payouts for one contest (World Championships), which includes regular weekend shows and World Series shows? Shouldn’t the rules be the same for all contestants running for a World Champion title, regardless of how they earn their money?)

9:30 a.m. – 11:30 a.m. – Long-Range Planning (Chair: Buddy Westphal)
Click for Long-Range Planning committee agenda>>

12:30 p.m. – 4 p.m. – Three meetings: 1) Faster Cut Users meeting,
2)Youth Committee (Chair: Judy Morris
Click for Youth Commitee agenda>>

3) Limited Age Events (Chair: Lloyd Cox)
Click for Limited Age Events agenda>>

A FINAL NOTE:
I received a question from several of my readers: “Why isn’t there a Finance Committee meeting members can attend and ask questions?” I realize the Financial Report is usually given at the Membership meeting the final day of the Convention; however, that report addresses the previous year’s financial condition. Some members would like to attend a smaller meeting with the Finance Committee members so they can ask questions – and who knows, give some advice.

Click here for a copy of the 2011 NCHA Rule Book>>
Click here for list of NCHA Directors>>

USDA PUBLISHES NEW SITUATION REPORT ON EHV-1 and AHC’S NATIONAL ISSUES FORUM TO DISCUSS BUDGET CONSTRAINTS ON USDA

June 10, 2011
The Texas Animal Health Commission (TAHC) announced in their June 8 press release that they would be discontinuing press releases on EHV-1, stating there are no new developments. Also, on the same EHV-1 subject, the USDA publishes their new Situation Report on EHV-1 and the American Horse Council’s National Issues Forum scheduled for June 21 will discuss budget constraints on the USDA.

TAHC TO DISCONTINUE PRESS RELEASES ON EHV-1; MOVEMENT RESTRICTIONS TO BE LIFTED JUNE 10
On June 6, the Texas Animal Health commission announced this latest press release would be the final EHV-1 report unless new situations arise since there are no new developments to report following the one confirmed “isolated” case of the neurological form of EHV-1 in Ector County or the 26 horses in Texas that attended the NCHA Western National Championships in Ogden, Utah, April 30-May 8. The release said that, “Barring unforeseen circumstances, movement restrictions, remaining on the last nine of the 26 horses are expected to be lifted Friday, June 10.”

The TAHC is advising Texas equine owners that they should feel free to participate in horse shows, rodeos and other equine-related events as confirmed and suspect cases of the neurological form of EHV-1 appear to have been contained. Dr. Dee Ellis, State Veterinarian said, “Sufficient time has passed for most horses that may have been exposed to the virus traced to the cutting event held in Ogden, Utah, last month. Though none showed symptoms of the disease, the few horses in Texas that tested positive will remain quarantined on their premises and monitored closely until the virus shedding period has passed.”

However, TAHC emphasizes the “continued need for horse owners to practice good biosecurity.”

USDA PUBLISHES EHV-1 SITUATION REPORT
The USDA published their latest “Situation Report” on EHV-1 on June 8, stating that there are 88 confirmed EHV-1 or EHM (the neurological form of EHV-1) cases reported in 10 states, including Arizona, California, Colorado, Idaho, New Mexico, Nevada, Oklahoma, Oregon, Utah and Washington.

Of the 88 confirmed cases, 58 are horses that were at the Ogden, Utah, event. There are 12 horses associated with this incident that are dead or have been euthanized.

The report also shows the status of Secondary (horses that came in direct contact with horses that attended the Ogden event) and Tertiary-exposed (horses with three degrees or more separation from direct contact with horses that attended the Ogden event) as of June 7, 2011. The states with the most Secondary and Tertiary-exposed horses include 628 exposed horses in California, 323 in Texas, 164 in Utah, 140 in Oregon, 129 in Idaho, 78 in Colorado, 60 in Arizona and 53 in Iowa. Altogether there are 1,685 Secondary and Tertiary-exposed horses, with 23 of those cases being EHV-1 confirmed and 7 being EHM confirmed. Two are confirmed dead.
Click here for entire USDA Situation Report>>

AMERICAN HORSE COUNCIL FORUM ADDRESSES BUDGET CONSTRAINTS ON USDA
The following is a press release from the American Horse Council:

The American Horse Council’s National Issues Forum, entitled “Congress on a Diet: What It Means for the Horse Industry,” will feature several important speakers. “We are very pleased this year to have three Members of Congress and several Agency leaders to discuss this important topic,” said AHC president Jay Hickey. This year’s National Issues Forum will be held June 21 in Washington, DC during the AHC’s annual meeting, which will run from June 19 to 22 at the Washington Court Hotel.

“The highlight of this year’s forum will be presentations on Tuesday afternoon, June 21, from Members of Congress and federal regulatory agencies on the new fiscal realities in Washington. We are very pleased that Congressman Hal Rogers (R-KY), the Chairman of the House Appropriations Committee, will be there to give us his perspective, along with Congressmen Brett Guthrie (R-KY) and Dennis Cardoza (D-CA), who are the co-chairs of the Congressional Horse Caucus.

Dr. John Clifford, Deputy Administrator of USDA’s Animal and Plant Health Inspection Services, Veterinary Services, will discuss USDA activities and how they might be impacted by budget constraints. “USDA’s involvement in disease outbreaks is critical to the health of our horses and the economic viability of the industry,” noted Hickey, “so Dr. Clifford’s remarks will be important, particularly in light of the recent outbreak of Equine Herpesvirus-1/EHM and its affect on the industry.”

Reacting to the federal situation from the state point-of-view will be Dr. Guy Hohenhaus, DVM, State Veterinarian of Maryland and President of the National Assembly of State Animal Health Officials. “With the potential of cutbacks in federal funds and programs, the states may have to assume more responsibilities and accompanying costs,” said Hickey, “Dr. Hohenhaus is very qualified to discuss this and what it might mean to the industry.”

On Tuesday morning, the National Issues Forum will include speakers providing updates on the national equine health initiative, the activities of the Unwanted Horse Coalition, the status of the national animal identification system, and a discussion about how the horse industry can improve its political activities with a focus on the 2012 elections. The annual Congressional Reception will take place on Tuesday night and the Congressional Ride-In on Wednesday. This year’s meeting will also see the return of the AHC’s Breed Roundtable, a popular event that brings together leaders of horse associations to discuss common issues of importance to the industry. Please see the attached schedule for a listing of all programs and speakers now confirmed.

The AHC’s various committees, including the Unwanted Horse Coalition, will meet on Monday, June 20, during the convention to discuss issues affecting the equine community.

More information on these Forums and the entire AHC annual meeting, including registration and hotel information is attached or can be found on the AHC’s website, http://horsecouncil.org/events.php or by contacting the AHC.

By Glory Ann Kurtz
June 9, 2011
PCCHA increases Assessment Fee for year-end awards from $6 to $7 per work; NRCHA moves NRCHA Stakes and Hackamore Classic; Western Bloodstock Summer Spectacular Sale, July 29-30, includes Bar H Ranche absolute dispersal of 48 horses; Slate River Ranch to hold inaugural Production Sale Friday, Oct. 14 at their Weatherford ranch; Havard East Texas Sale set for June 10-11; Todd Graham and Aaron Wheatley have nine of 20 finalists in Australia’s NCHA 38th annual Futurity held in Tamworth, New South Wales.

PCCHA INCREASES ASSESSMENT FEE FOR YEAR-END AWARDS
Demonstrating the problems that cutting affiliates are having in today's economy, the Pacific Cutting Horse Association has issued a press release stating that beginning July 1, 2011, PCCHA Assessment Fees will increase from $6 to $7 per entry at all PCCHA approved shows. The press release stated that the Board members were forced to evaluate many of their costs and services and one of the largest services provided to the members was their Year-End & Special Award Programs. It said they recently have been faced with significant increases in the cost of previous metals used in the manufacturing of awards. The recommendation came from the Non-Pro Committee.

NRCHA MOVES NRCHA STAKES AND HACKAMORE CLASSIC
The NRCHA Board of Directors recently announced that two of their major events will move to new venues in 2012. They include the NRCHA Stakes, previously held at the Idaho Horse Park in Nampa, Idaho, moving to the Horseshoe Park and Equestrian Center in Queen Creek, Ariz. NRXH President Kathy Gould said that the show was being moved because the weather has been a problem in the past for the show which is held early in the year.

The NRCHA Hackamore Classic, which has been held at the Paso Robles Event Center, Paso Robles, Calif., will be moving to Pueblo, Colo., on May 3-6, 2012. However, according to gould, the NRCHA Derby will continue to be held in Paso Robles.

BAR H RANCHE TO HAVE 48 HORSES IN NCHA SUMMER SPECTACULAR SALE
An absolute dispersal of Bobby Pidgeon’s Bar H Ranche will be held during the NCHA Summer Spectacular Sale, held on NCHA Derby Finals weekend in Fort Worth, July 29-30.

Last year, Pidgeon, who is in his 70s, leased the Weatherford Ranch to his long-time trainer Paul Hansma, currently operates his own training operation out of that facility. According to Western Bloodstock’s website, Pidgeon will have 48 horses in the sale, including four weanlings, 13 yearlings, 10 2-year-olds, 12 3-year-olds, 2 4-year-olds and 7 broodmares.

Sires and covering sires will include Dual Pep, CD Olena, High Brow Cat, Dual Rey, Smart Little Scoot, Hes A Peptospoonful and Third Cutting.

SLATE RIVER RANCH TO HOST INAUGURAL PRODUCTION SALE OCT. 14
Glade Knight’s Slate River Ranch will host their inaugural production sale at the ranch in Weatherford, Texas, on Friday, Oct. 14. The sale will be produced by Western Bloodstock Sale Co. Sale horses will not only include yearlings, 2-year-olds and broodmares, but also horses from their current show string.

HAVARD EAST TEXAS SUMMER SALE SCHEDULED FOR JUNE 10-11
The Havard East Texas Summer Sensational Mixed Sale, with a ranch horse competition is scheduled for June 10-11. The sale will be held at the George H. Henderson Expo Center in Lufkin, Texas. The demonstration will start at 10 a.m. on Friday with ropers, reiners, barrel racers and cutters. Following the demonstration will be the Ranch Gelding Competition who will be competing for cash and prizes worth $15,000. Following the competition will be the sale of Geldings. On Saturday there will be a free breakfast at 7:30 a.m. and the Premiere Mixed Session will begin at 9 a.m.
Click here for the sale catalog>>

TODD GRAHAM AND AARON WHEATLEY RIDING NINE OF TOP 20 FINALISTS IN AUSTRALIAN CUTTING FUTURITY
Todd Graham, the leading money-earning trainer from Queensland, Australia, and Aaron Wheatley, the 2006 NCHA Australian Futurity Champion and 2007 Derby Champion, have nine of the top 20 finalists in the Open Division of this year’s NCHA 38th Tamarang Open Futurity held in Tamworth, NSW, Australia, June 2-12.

Graham, a four-time Futurity Champion, has four finalists, including the No. 1 horse going into the finals with a combined score of 294.5 riding Spins Gypsy Rose (Spins Image x Yulgibar Supa Chick x Playboy Roy) owned by CameronTurner. He also qualified on Hot As Hell, owned by Peel & Constable, with a 290.5; and tied himself for 10th with a 289 riding Purrfect, owned by The Purrfect Syndicate, and EP Spin O Catt, owned by Everston Park.

Wheatley, who came to the United States following his 2007 Derby win, working for Jack and Susan Waggoner, has five horses in the finals, including the second-place horse, with a 292.5 following two go-rounds, Destinys Sweet Sugar (Acres Destiny x Sweet Susie Oak x Docs Freckled Oak) owned by M & D Kelley; third riding Shania Niner for Geoff Douglass, splitting 7th with a 290 riding Smart Little Catolena for C&K Thrun; 12th riding Classical CD to a 288.5 for L&M Mitchell, and 19th riding RBH Shes Pretty Stylish to a 286 for Tri Star QHS.

Wheatley’s wife, Lindsey will also be an Open Futurity finalist riding her mare Reyving Reviews, (Reyn Storm x Dara Cocoas Preview x Oaks Cocoa Jay) tying Todd Graham for 4th place with a 290.5. Also in the three-way tie was American rider Clint Allen who was catch riding for John Breckelmans’ mare Ducks Dux, a daughter from the first foal crop of American Stallion Sophisticated Catt out of Dashing Duckling x Doc’s Spinifex.

Also John Mitchell, the former trainer for the Slate River Ranch in Weatherford, Texas, rode Winderadeen MS Shortycat to a 14th place tie with last year’s Futurity Champion Jason Leitch riding BR Fire Storm owned by T & E Smith, with both scoring a 287.5. Corey Holden, who previously worked in the United Stats for Linda Holmes, also made the finals riding Awesome CD for L&M Mitchel to a 286.5, tying for 17th.

The Open Finals will be the final class on Sunday, June 12 – the final day of the event. Also held earlier that day will be the Limited Non-Pro Futurity Finals; Non-Pro Classic Challenge Finals and the finals of the Non-Pro Derby. The Open Finals of the Classic Challenge, as well as the annual horse sale, will be held Friday, June 10. The Finals of the Open Derby and Non-Pro Division of the Futurity will be held Saturday, June 11.

OTHER SHOW PRODUCERS CONTINUE CANCELLING SHOWS AS ADDITIONAL INFORMATION BECOMES AVAILABLE ABOUT THIS DEADLY, HIGHLY CONTAGIOUS DISEASE

By Glory Ann Kurtz
June 4, 2011
The NCHA has announced that NCHA-approved events are set to be back in operation beginning June 6. However, NCHA Executive Committee is strongly urging that show producers exercise caution and appropriate bio-security procedures as a precautionary measure to help stop the spread of the Equine Herpes Virus-1 (EHV-1). However, many other show producers and facilities are continuing to cancel shows due to the deadly, highly contagious disease. Also Al Dunning has a story to tell after taking 11 horses to Ogden, Utah, NCHA Western Championships, where the disease was first reported.

The NCHA Executive Committee announced on the NCHA website that in conjunction with veterinary experts across the country, they will be ready to request or impose additional cancellations of events if new occurrences of the EHV-1 virus come about.They also published "Recommendations for Horse show/Event Managers regarding EHV-1 biosecurity procedures."
Click for copy of NCHA biosecurity procedures>>
Click here for NCHA bio-securit
The above EHV-1 precautionary recommendations published by the NCHA recommend a "No Fever" policy designed to keep attending horses from exposure and attendees should be prepared with digital rectal thermometers to take their horses' temperatures. It states that "most horses with a fever will not have EHV-1; however, in the interest of conducting a safe event under the current circumstances, the 'No Fever' policy should be enforced as a necessary bio-security measure." However, it is unclear about their actions today since a horse death in California from EHV-1 only two days ago.

In the meantime, the Mercuria/World Series of Cutting event, scheduled to be held in conjunction with the Reno Rodeo, has been canceled by the Reno show facilities - not the NCHA - due to the fact they will not allow any horses who were in Ogden, or exposed to horses who were in Ogden, on the grounds. That event was scheduled for June 23-25 in Reno, Nev. Meanwhile, the Reno Rodeo will be held as scheduled.

Previously the Mercuria/NCHA World Series of Cutting event scheduled to be held May 15, in conjunction with the Breeders Invitational, was cancelled following the go-rounds. The Breeders' Invitational took a financial hit but did the right thing by cancelling the show due to the EHV-1 scare, as several horses had arrived from Ogden and Bakersfield, where horses had died from the disease. The NCHA recently announced that the finals of the Open Division of the event, including the 13 qualifierrs from the go-round, will now be held on Saturday evening,July 23, in conjunction with the NCHA Summer Spectacular in Fort Worth. The finals, with a purse of $42,664, will take place in the Will Rogers Coliseum immediately following the NCHA Summer Spectacular Classic Challenge Amateur Finals.

MANY EXHIBITORS ARE STAYING HOME TO BE SAFE
But loss in entries is another factor for the cancellation of shows. The Texas Quarter Horse Association's Texas Classic Working Western Series, scheduled to be held May 24-28 at the Will Rogers Coliseum in Fort Worth, original cancelled the NCHA/AQHA cutting events following the outbreak of EHV-1 at NCHA Western Nationals at Ogden. However, the entire show was cancelled when the entries were down drastically.

The National Reined Cow Horse Association (NRCHA) Board of Directors cancelled their third largest premier event, the NRCHA Derby, scheduled for June 14-19 at the Paso Robles Event Center in Paso Robles, Calif.,"due to the substantial reduction in entries, along with the challenge involved in complying with California guidelines as a result of the EHV-1 outbreak."

According to NRCHA President Kathy Gould, "The NRCHA Board is currently reviewing options for rescheduling the event. Those options will be considered during the Board meeting on June 14. "Another modification that resulted from the EHV-1 outbreak is that the number of shows needed to qualify for the 2011 NRCHA World Championship Show presented by John Deere was reduced from three to two.

ARE WE AS SAFE AS WE THINK WE ARE?
Many horse owners are becoming more fearful of taking their horses to major events where there will be a lot of horses, since articles have been published that show there should be more caution for a longer period of time. The Mid-Columbia News/Tri-City Herald in Washington recently published that Washington state's eighth case of EHV-1 had not only been confirmed - but the horse had been put down due to lameness not EHV-1, as he had been tested previously through a nasal swab. The nasal-swab test turned up no signs of EHV-1. But when veterinarians tested the horse's lung tissue postmortem, the active, neurotropic form - the kind that attacks the brain and spinal cord - of the virus turned up in the samples. The horse had shown no symptoms of the disease before it was put down.

The Veterinary Teaching Hospitals are also being impacted. Dell Rae Moellenberg from the Department of Public Relations at CSU said that the equine section at the Colorado State University Veterinary Teaching Hospital is today open to all equine patients but will continue to use extra biosecuirity precautions. The change to resume appointments for elective procedures revises previous limitations to accept only emergency cases that were enacted as a precaution in response to the recent widespread outbreak equine herpesvirus-1.

However, according to a 2006 release published by the Department of Clinical Sciences, College of Veterinary Medicine and Biomedical Sciences, Colorado State University, Fort Collins, Colo., "Despite institution of rigorous bio-seurity precautions at the time of admission of a case of EHV-1, infections spread to six other horses that were hospitalized at the James L. Voss Veterinary Teaching Hospital, including two that served as sources of infection for horses on their home premises after discharge. Infection with EHV-1 was confirmed by polymerase chain reaction (PCR) and by seroconversion documented by glycoprotein G ELISA. A voluntary quarantine was imposed and admissions were restricted to prevent additional horses from being exposed. (Previously, I failed to report that the infections at CSU had happened in 2006 - not this year)

Additionally, Katie Gaughan Banuelos, Las Vegas, Nev., didn't take her horses to Ogden, but they were in Bakersfield, Calif., less than 24 hours. The nine head they took to Bakersfield had been quarantined and have been doing fine - bright, eating, with no temperatures. On the 13th day, a gelding who was over 350 feet away from the barn that was quarantined became symptomatic with neurological problems. That gelding had not been off the ranch for a year and had had no contact with the horses that had been in Bakersfield. He lived in a pasture.

The horse died within two days, along with another horse in that barn a couple of days later. The bodies of both horses were wrapped in tarps, packed in ice and taken to a UC Davis San Bernardino, Calif., teaching facility for testing. No final results have yet been obtained on either horse.

It has been discovered that some horses are "carriers," and even though they don't become infected with EHV-1 and show no signs of the disease, they can shed it, or infect other horses who die from it. Also Gaughan said that one of the vets told her that nasal swabs need to be taken every three hours as affected horses do not shed 24 hours a day. That could be the reason some horses test negative to a nasal swab and positive to a blood test or necropsy..

Also, a top veterinarian in Texas became so curious about so many reports being returned from labs as "negative," that he took double swabs from three suspect horses and sent them to two different labs. One lab returned with two "positive" and one "negative" results. The other said all three horses were "negative."

Although the USDA is trying to keep up with the disease nationwide, I have heard about several cases in Texas where veterinarians have told clients they should keep quiet about the fact that their horse has symptoms. I have heard of several horses being put down, without individuals turning them into the USDA to be counted.
Click here for USDA June 2 report>>

WHAT CAN BE DONE?

Becky and Al Dunning of the Almosta Ranch in Scottsdale, Ariz.

Al Dunning of the Almosta Ranch in Scottsdale, Ariz., probably had the most to lose and yet had the most success of anyone I have talked with. Dunning took 11 horses to Ogden and after he arrived at home, he started hearing about horses that had been at Ogden and Bakersfield having trouble. Mike Wood had one that subsequently died.

" We started taking our horses' temperatures and three had fevers of 102 and 103 and after a closer look while leading them, he saw that three of them were wobbly behind. He immediately became alarmed and started to wonder if this was the same stuff. He called his vet and immediately closed the ranch and put the horses into a quarantine situation.

"We gave those three horses fluids and DMSO and then went into bio-security mode," said Dunning. "We put them out in the South 40; luckily we had stalls south of the barn. However, after hearing about Mike's horse dying and another horse getting sick, the information highway started: Kenny Platt's horse died, Peyton Paul's horse died (after her father's death in Ogden), Robin Hayes' horses was real sick and I guess finally died and Kim Vaughan was having lots of trouble with her horse. It just seemed to happen like wildfire. I heard Greg Smith had a horse that died and I had a friend, B. J. Johnson, in Arizona. I called him up and he was so emotional on the phone saying his horse had died. He loved that horse. This made me say, 'Whoa.' "

Dunning had a pow-wow with his vet and they starting taking temperatures three times a day and checking the horses for mobility. "Thank God, there were only three we had trouble with. We had a couple of other horses that went to Ogden that came down with a positive test, but they looked like they were ready to ride and didn't have any temperature."

When asked if he thought they might just have been carriers," Dunning said, "How do you know. This is such a weird virus. I had a horse that went to Ogden who was shedding the virus through his nose. That horse was out in the pasture after the show, resting with the other horses. We tested several horses several times, but that horse never showed anything and none of the other horses caught it. Then I had another horse that was in the same barn as the three with neurological problems. He spiked a temperature of 103 - he was negative to the nasal swab but positive to the blood test. A third horse also had the same thing - negative to the nasal test and positive to the blood test and had a spiked temperature.

"We put every horse that had been to Ogden on Valtrex, a medication used to treat shingles and genital herpes in humans. We treated them all like they were sick - and I think because of that treatment, no other horses got sick."

Asked about the cost, Dunning said that he has spent about $17,000 so far, including syringes, banamine, aspirin, vitamin E, Omega 3, Lysine and Valtrex. It also includes the Germex and Clorox used to clean the barn. "Our place is so spanky clean that all the guys' hands are wrinkled up because of all the cleaning. I don't think my place has ever been this clean.

"We instigated rules specific to each horse (i.e.) what to do after touching the horse or its equipmwent. This will change how we treat going to horse shows in the future. We're going to continue the bio-security stuff even at the shows. I have a new product I am going to take with me to spray the equipment and stalls before I bed my horses in them - and after every show, we will bleach every bucket and tub. Each horse will have its own tack trunk, bucket, tub and halter with his name on it. We'll have a whole set of equipment for each horse and we won't share splint boots unless they have been washed with this product.

"I'll no longer tie up my turnback horse with 15 other horses in the arena - at least not until this goes away completely. Todd Bimat had one die just two days ago so that adds more days to when this could be over. We're trusting that labs are a good way to analyze the tests, but we're not trusting that to be the answer. I'm trusting my gut and the horse and the feeling of the whole thing. We're being very careful."

Dunning is worried about some of the stories that have been going around, like some people saying he had eight horses that died. "I'm wondering if that will make an owner think before he puts a horse in training with me. I took horses out of training and spent my own money to do doctoring and lots of other work. I couldn't afford to pay my help to do all this work so I had to take some of the expense out of my own pocket."

Because of the security measures, Dunning had to buy a lot more equipment, like brushes etc., for each horse and purchase all the cleaning equipment and products.

"If I don't recoup all my expenses, I'll be able to survive because I've been doing this long enough that I'm involved in a multitude of things; however, some trainers won't survive this," said Dunning.. "But hopefully, everyone will stay smart enough, long enough, and not get desperate, thinking they need to get back to the show ring, and by doing so, spread this disease. I don't think we've seen the end of this yet but I don't think we're that many weeks away if everyone will just stay home for awhile. We don't know how other trainers are taking care of their horses. Did everyone voluntarily quarantine them and do what was suggested by their vets? Did they doctor their horses to the maximum - not the minimum? Were they able to spend the money? "

Dunning said that it cost each one of his customers about $1,200, but that's with him being able to find Valtrex at a reasonable cost. (Since this is a human drug, the cost is approximately 10 times what the cost would be for each human treatment). "But that's just my cost for doctoring, medication, syringes and all the things that make this go. The vets haven't charged their fees yet for coming out and looking at the horses and injecting fluids and the DMSO," said Dunning.

Asked about what should be done before horses are exposed to the disease, Dunningl said, "All I can tell you is that our horses were all up to date on vacinations and stuff, and they came out of this really good. They were real healthy and fit - not thin or overrode. You need to keep your horses in great shape, keep them on immune boosters, healthy and fit. You can't be foolish about having silly stuff happen, like riding in the practice pen and letting them nose other horses. If your horse is stalled in a barn next to other horses, put plastic on the stalls between the horses. I've done this before for studs."

Dunning was also told by his veterinarians that stress also seems to be a factor on EHV-1. He is urging all competitors to cease all travel and mixed-group contact for at least 21 to 30 days. He claims this is the most devastating health threat he has had in almost 50 years.

Asked about immune boosters, Dunning said, many owners and trainers are using immune boosters such as ExTem. "This is crazy," said Dunning, "but one of my sponsors is Lubrisym. They have a new product called Re-Borne. It's bovine colostrum and an immune booster for baby cows and horses. When I came home, I remembered that I had some in the refrigerator. When my horses started getting sick, I gave it to them, thinking I may save a couple of thousand dollars."

Dunning gave some to the horse that his daughter, McKenzie, showed at Ogden, his rope horse that was having neurological symptoms and three others. "None of mine got sick," said Dunning."The one with neurological symptoms looked normal in two days. All I can say is that I think an immune booster is the way to go. Re-Borne will be in my program for awhile because I've had amazing results - it also makes them slick, gives them a better appetite and takes care of ulcers".

According to Dunning, McKenzie's horse, Trav CD (Caesar), made six finals in Ogden and he was stalled between two horses that later turned up with neurological problems. "He never got sick and had no temperature after he was doused with Re-Borne," said Dunning.

Asked about how to give Re-Borne, he said that it is given in a syringe, squirting it in their mouth. He said a normal dose is 15cc; however, he gave all of his horses 20cc to start out with on a two-week regimen.

"I've been in touch with Arizona State University, who are working on a vaccine, and talked with five vets around me, telling them what's going on. One called me today and when I told him what I had been doing and my results, he said 'Wow.' He couldn't believe my horses were recovering so fast. I had three wobblers and now they all look perfect. I think we caught them just right."

Dunning has not been riding his horses since he started to treat them. He said, It's hard to not ride after 50 years of doing it. I was just sitting around, but two days ago I started riding again - all but the eight we are kind of watching after." He said his customers have all been supportive of everything he has done. "I don't think anyone could come on my place now and look at my horses and think any horse has had a problem. They're all well, fat, slick and healthy. And maybe that's why they are like they are today - that's how they were when all this began."

Dunning claims that owners, trainers and even veterinarians across the country should be more concerned about this disease than they are and stop dismissing this as just a "cutters'problem."

"It's a real serious deal and there's no telling how far this virus can go if we don't all cool it and stay home for awhile.

Press release from TAHC
May 28, 2011 - Austin, Texas
The Texas Animal Health Commission (TAHC) has one confirmed case of the neurologic form of EHV-1 to report today. Preliminary investigation indicates no connection to the Ogden, Utah NCHA event. A Quarter Horse racehorse stabled in Ector
County, TX displayed neurologic symptoms consistent with the disease, and ultimately tested positive for EHV-1. All horses on the premises are under quarantine and will be managed according to USDA recommendations for confirmed cases. Additional information is being gathered to determine if any other horses were exposed.

Regarding the Ogden, UT event, there are currently 12 known horses in Texas that attended the event and 174 cohorts (stablemates) remaining under movement restrictions. There are now a total of 8 premises that have been exposed and those premises are in the following counties: Randall, Parker, Jack, Kerr and Mills counties.

Horse owners should contact event organizers in advance to ensure that scheduled events have not been cancelled. Some other states have established emergency rules for entry as a result of this situation. A list of contact information for all 50 state animal health agencies can be found on the U.S. Animal Association website at
Click here for US Animal Assn website>>
or on the USDA website at
Click for USDA website>>

USDA's report shows cumulative data submitted from all involved states. TAHC's daily updates report the current in-state data.The May 26 EHV-1 nationwide situation reported compiled by USDA can be viewed at
Click for EHV-1 cases nationwide>>

For information regarding EHV-1 in Texas, visit www.tahc.state.tx.us.
You can also keep up with EHV-1 information through our Facebook (www.facebook.com/TexasAHC) and Twitter (www.twitter.com/TAHC ) sites.

THE NON-PRO PLANNING TO GO AHEAD WITH SHOW; TEXAS CLASSIC CANCELLED

WILL ROGERS MEMORIAL CENTER ISSUES ISSUES RESPONSE TO EHV-1

By Glory Ann Kurtz
May 25, 2011
The Non-Pro plus Open cutting, scheduled for June 14-21 in Oklahoma City, will proceed as scheduled unless they are told to not hold the event; the balance of classes at the Texas Classic, being held May 24-28 at Will Rogers Coliseum in Fort Worth, Texas, have been cancelled and Will Rogers releases statement on preparations in response to EHV-1.

THE NON PRO AND OPEN CUTTING CLASSES GOES ON
A press release from the Central Oklahoma Cutting Horse Association stated “The Non Pro plus The Open “ cutting horse event scheduled June 14-21 will proceed as scheduled. State Fair Park Vice President, Mr. Bill Allen, updated Show Manager Della Hillerman on the steps that the State Fairgrounds in Oklahoma City will be taking to sanitize the facility before and during the event. He assured show management that measures not required will be added to help ensure they are doing everything possible. The State Fair has one of the most state-of-the-art equine stalling facilities and they will step up and do more than is required to help ensure that everything is being done on their part. Mr. Allen is in close contact with the Oklahoma Dept. of Agriculture and is updated daily on the status of the virus.

The Non Pro classes will move forward unless the Oklahoma Dept. of Agriculture or the National Cutting Horse Association request that the event be cancelled at a later date. The State Fairgrounds and The Non Pro are working together to be aggressive and will be taking preventive measures to help ensure the safety of the facility.

Show Producer Della Hillerman stated,“We want to do what is best for our industry and we will keep in close contact with the NCHA Staff and with our own experts to help us make a decision about the event. In turn, if the virus has subsided, it is vital to our industry to kick-start the cuttings back up. We will rely on the advice of the experts in the field. We want to have the show and want everyone to come enjoy the event and feel comfortable.

"If at any point we are told it is not safe to hold the event, we will immediately cancel and return the fees immediately. If circumstances force the cancellation of the event we will make the decision to do so at least three days prior to the event. After meeting with The State Fair Park officials, I feel much better about going forward. They are planning to use methods I would have never thought of to sanitize and re-sanitize during the event. They are definitely on top of the situation.

"I have kept in close contact with NCHA President Chris Benedict and he has kept me updated on the status of the virus and the position of the NCHA. We all want to do what is best for the NCHA. At this point we are proceeding forward with the show. I hope that the contestants will have faith in us and enter the event."

Please call our office if you have any questions 405-598-2568 or email Della Hillerman at hillermandella@aol.com.

TEXAS CLASSIC CANCELLED
The Texas Classic, scheduled for May 24-28 at the Will Rogers Coliseum in Fort Worth, Texas, cancelled their cutting classes due to the EHV-1 scare; however, the reining classes, which started May 24, were held. However, their website shows that the remainder of the Texas Classic Western Series, following the Wednesday’s reining competition, is cancelled. This includes Team penning/sorting and roping.

WILL ROGERS MEMORIAL CENTER ISSUES STATEMENT ON PREPARATIONS IN RESPONSE TO EHV-1
Consulted with local Veterinarians and the Texas Animal Health Commission.
Sanitized all barns (stalls, aisles, hoppers, wash racks) with a 1:10 ratio of bleach/water solution. This sanitizing process will take place before and after each show.

At the end of a show, dip all of the tools used for cleaning (brooms, shovels, dust pans etc.) in a 1:10 ratio of bleach/water solution after each shift or use.
Implemented a program to maintain clean barn
Repeated sanitizing of wash racks every 2 hours throughout the day.
Immediately remove any manure/bedding piles and full dumpsters from the barn.
Maintain aisles clear of manure.
Dip baths every hour for equipment used to sweep/clean aisles in the barns during a show.
Sprinkle buckets, used for dust control, will utilize a 1:10 ratio of bleach/water solution every hour during show hours.
Posted Signage in barn areas in English and in Spanish
Instructions for caretakers (with photos)
“Do not touch other people’s horses”
Hand sanitizers have been placed in the barn area for exhibitors/visitors to use to help maintain a health and safe environment.

In the event of a Quarantine
Created a primary and secondary quarantine area with controlled access, following the Texas Animal Health Commission’s recommendations, with a 30’ buffer between stalls to be used for animals.
Post Restricted Access signage in both English and Spanish
Provide all items necessary, as recommended by the TAHC Biosecurity Guidelines, in the event a horse is quarantined.
Disposable medical grade gloves
Disposable barrier clothing
Disposable booties
Enclosed containers (i.e. lidded dumpsters) for the disposal of manure/soiled bedding
The facility has contacted a Veterinarian that will be available and on call in the event facility management has any questions or concerns.
Staff Training

All Barn Crew staff and Supervisors have been trained in the process described above. All activities are documented for accuracy.
The WRMC office staff is explaining to all interested callers and visitors, that Will Rogers staff is committed to doing everything we can to maintain a healthy and safe environment. We are in communication with and are following all recommendations of the Texas Animal Health Commission. We are also working very closely with local veterinarians and the management of each show.

By Glory Ann Kurtz
May 20, 2011- Fort Worth, Texas
On May 13, Ray and Lainie Whitmire appealed a ruling made by Tarrant County’s 236th District Court Judge Tom Lowe on April 15, when he overturned a jury trial’s verdict that had been in the Whitmire’s favor. The appeal of the lawsuit was expected, as following a January 2011 jury trial, in which 10 of 12 jurors found the NCHA guilty of false imprisonment of Lainie and breach of contract between her lawyer and the then NCHA lawyer Eldridge Goins, Judge Lowe announced he would probably “overturn” the jury’s decision. He did just that in a Final Judgment.

Both sides have until Aug. 15 to submit briefs to the court. According to the Clerk of Court, a ruling by the appeals court could take from 6-9 months or up to two years as evidenced by the fact that the appellate court has not made a ruling on the Paula Gaughan v NCHA case which was filed in June 2010.

The Whitmire v NCHA court case has been going on since Oct.1, 2006, following a dispute about Lainie’s amateur/non-pro status that has been going on since 2004.

During the January 2011 trial, the jury awarded the Whitmires no monetary damages on the false imprisonment claim, but assessed $70,000 damages against the NCHA on the charge regarding the alleged oral agreement. Judge Lowe’s Final Judgment, which overturned the jury’s verdict, not only gave no reason for overturning the jury’s decision, but ordered Lainie to reimburse the NCHA $302,000 in legal expenses and Ray $45,000. Also during the January trial, Judge Lowe said that he was not going to award all the fees Whitmire or the NCHA were asking for.

The long, drawn-out court case is being discussed on www. cuttinghorseforum.com, with one individual saying, “$100 says the appellate court spanks Judge Lowe (payable to the charity of the winner’s choice.” A response came soon saying, “They spanked him once. I will bet with you. We will meet in OKC and collect our winnings.”
Click here for a copy of the Notice of Appeal>>

TEXAS CLASSIC AND NRHA DERBY STILL WILL BE HELD

By Glory Ann Kurtz
May 20, 2011
Two big shows will continue despite the EHV-1 scare which started in the cutting industry during the NCHA Western National Championships in Ogden, Utah, and have spread to several different states. Although the NCHA and AQHA cuttings have been cancelled during the Texas Classic Working Western Series, which will be held May 24-28 at the Will Rogers Coliseum in Fort Worth, Texas, the rest of the classes will be held. In a previous article, I had published that the Texas Classic had been cancelled; however, it was only the cutting classes. I apologize for this error. For more information, go to www.tqha.com.

Also being held is the NRHA Derby scheduled for June 27-July 2 in Oklahoma City, Okla. According to a press release the Oklahoma State Veterinary Office and Oklahoma State Fair Park management are cooperating to insure that every possible measure is taken to prevent an outbreak of EHV-1 occurring at Oklahoma City. The Fair Park is disinfecting each stall after every show prior to the introduction of new animals and providing an isolation area in the event a fever or neurologic symptoms develop. The Veterinary Office, in conjunction with the Oklahoma Animal Disease Diagnostic Laboratory, are gearing up to provide rapid test results of samples submitted for EHV-1 testing. For more information, go to www.nrha.com.

FLORIDA HORSES NOT RELATED TO UTAH OUTBREAK; AHC AND AAEP WORKING WITH USDA TO COORDINATE EHV-1 CASES

May 19, 2011
A letter from the Breeders Invitational notifies cutters that the event has been cancelled until next year; two horses euthanized in Jonesville, Fla., due to EHV-1 not related to horses outbreak in Utah and the AHC and AAEP are working with USDA to coordinate EHV-1 cases.

BREEDERS INVITATIONAL CANCELLED
A letter sent out from the Breeders Invitational indicated they have cancelled the 2011 event due to the outbreak of EHV-1. Previously the event managers had indicated it may just be postponed. BI Board Chairman Jeffrey Matthews said they would refund the 2011 entry fees and the reallocation of this year's purse money would go toward making next year's event even stronger.
Click here for a copy of the announcement>>

TWO HORSES EUTHANIZED IN JONESVILLE, FLA., NOT RELATED TO UTAH OUTBREAK
With 12 horses quarantined in Jonesville, Fla., and two euthanized, Bill Jeter, state bureau chief of animal disease control in Florida, said the cases were not related to an EHV-1 outbreak that resulted from an infectious horse at a cutting horse show in Utah. Jeter went on to say that a vaccine is available but veterinarians are in disagreement about whether it will prevent the neurologic form of the disease.
Click here for entire article>>

AMERICAN HORSE COUNCIL AND AAEP WORKING WITH USDA TO COORDINATE EHV-1 CASES
According to a press release, horses exposed to the Equine Herpes Virus (EHV-1) based on attending an event held in Utah will now be monitored through a national case reporting system. The American Horse Council, and the American Association of Equine Practitioiners contacted the USDA:APPHIS:VS and requested federal coordination for data collection, dissemination and communication efforts among state and federal veterinarians to protect the health of horses and mitigate the economic implications of further EHV-1 transmission to horses not yet affected.

At the time of the release, only Colorado and Wyoming had implemented enhanced state entry requirements in response to the disease situation. Practitioners are encouraged to notify their State Animal Health Official of suspect or confirmed cases of EHV-1 and EHM.

Also the NCHA has a lot of good information state by state at their website: http://www.nchacutting.com. This site will inform the cutting industry on the cutting events that will be cancelled.

ALL NCHA-APPROVED SHOWS DURING MAY 20-22 CANCELLED BY SHOW PRODUCERS DUE TO EHV-1

CUTTING CLASSES AT TEXAS CLASSIC HORSE SHOW CANCELLED; OTHER DISCIPLINES WILL STILL BE CONDUCTED

May 18, 2011 - Fort Worth, Texas
On May 17 at 5 p.m., the NCHA came out with the following release, stating that all NCHA-approved shows for the weekend of May 20-22 have been cancelled by the affiliates or show producers putting on those events. This includes the cuttings put on during the Texas Classic held May 24-25 at the Will Rogers Coliseum. However, the other disciplines of the Texas Classic will still be conducted. The press release is as follows:

As of 5 p.m. (Central Time) on Tuesday May 17, all NCHA-approved shows for the weekend of May 20-22 have been cancelled by the respective affiliates or show producers putting on those events. The NCHA appreciates this proactive move by show producers in a nationwide show of precaution and solidarity to help stop the spread of the contagious and potentially deadly EHV-1 virus among horses. The Texas Quarter Horse Association has also cancelled the cutting classes that had been scheduled within the Texas Classic Horse Show scheduled for May 24 – 25, 2011. Reports from the TQHA are that the other (non-cutting) disciplines of the Texas Classic will still be conducted.

The NCHA continues to closely monitor the situation of reported cases of Equine Herpesvirus (EHV-1) that were reportedly first clinically diagnosed in horses that attended the NCHA Western National Championships in Ogden, Utah conducted April 29 – May 8, 2011. The virus can be contagious among horses, but is NOT transmittable to humans. While the NCHA does not want to unnecessarily alarm horse owners, we do want to stress the severity of this virus, and be a clearinghouse of factual information so you can make informed decisions on this matter regarding your personal horses and production of NCHA-approved events.

Credible (but not official) reports indicate cases of EHV-1 in several Western states (Colorado, Utah, California, Washington, Idaho, Arizona and Western Canada). While reported cases of the virus are currently in Western states, the interstate transport of infected horses could cause a much wider spread of the virus if we are not all very cautious at this time.

The NCHA supports the decisions (by affiliates and show producers across the country) to cancel shows that were made in the best interest of horse health. While the NCHA is at present not mandating cancellation of all shows nationwide, we do strongly urge all show producer to consider the possible horse health risks of conducting an event until the extent of the virus can be determined and contained. The NCHA knows that many qualified veterinarians are working on this EHV-1 issue, and we trust that during the week of May 23rd we have additional factual information and clinical diagnosis on the geographic extent (and any possible new case reports) of the virus that will allow us to make the best informed decisions for shows scheduled during the weekend of May 27 – 29, and AQHA/NCHA Weekend shows scheduled for the weekend of June 3 – 5, 2011.

If you are the owner or trainer of a horse that has exhibited neurological symptoms of EHV-1, had a fever without neurological signs of the virus, or that has died from what you believe to be EHV-1, please contact the NCHA office by calling Pam Robison at 817/244-6188, ext. #111, or by e-mail at probison@nchacutting.com.

PCCHA CANCELS TEJON RANCH CUTTING DUE TO EXPOSURE TO EQUINE HERPESVIRUS AT OGDEN

May 13, 2011
Due to the exposure of horses on the West Coast to Equine Herpesvirus at the NCHA Western Nationals in Ogden, Utah, the PCCHA announced this afternoon that they have cancelled the PCCHA Tejon Ranch Cutting, May 19-22, held at Lebec, Calif. According to reports, a horse at Ogden died and three horses died at the Bakersfield cutting, which was held just prior to the Tejon cutting.

According to a press release from the Animal Health Division of the California Department of Food and Agriculture, the outbreak of Equine Herpes Myeloencephalopathy (EHV-1) has been traced to horses who attended the NCHA Western National Championships in Ogden, Utah, on April 30-May 8, where many of the horses who participated in the event may have been exposed.

They encourage owners of horses who participated in Ogden to isolate and monitor their horses for clinical signs of disease. A rectal temperature in excess of 102F commonly precedes other clinical signs and they are urging owners to take temperatures twice a day. If temperatures are above 102F, owners are urged to contact their veterinarians. Laboratory submission of nasal swabs and blood samples collected from the exposed horse can be utilized for virus detection and isolation.

The EHV-1 organism spreads quickly from horse to horse and the neurologic form of the virus can reach high morbidity and mortality rates. The incubation period of EHV-1 is typically 2-10 days. In horses infected with the neurologic strain of EHV-1, clinical signs may include: nasal discharge, incoordination, hind-end weakness, recumbency,lethargy, urine dribbling and dimished tail tone. Prognosis depends on severeity of signs and the period of recumbency. There is no specific treatment for EHV-1 but it could include intravenous fluids and anti-inflammatory drugs. Currently there is no equine vaccine that has a label claim for protection against the neurological strain of the virus.

Horse-to-horse contact, aerosol transmission and contaminated hands, equipment, tack and feed all play a role in disease spread. However, horses with severe clinical signs of neurological EHV-1 illness are thought to have large viral loads in their blood and nasal secretions and, therefore, present the greatest danger for spreading the disease. Immediate separation and isolation of identified suspect cases and implementation of appropriate biosecurity measures are key elements for disease control.

For additional information, go to http://www.aphis.usda.gov/vs/nahss/
equine/ehv/equine_herpesvirus_brochure_2009.pdf.
You can also contact Kent Fowler, DVM, Animal Health Branch Chief of the California Department of Food and Agriculture. (916) 657-5045 or (916) 837-3419 (cell).

By Glory Ann Kurtz
May 7, 2011
NCHA heads to Lyons, France in October for the final World Series event for the year as well as a cutting horse sale and clinic; Breeder’s Invitational /Derby begins May 16; Wal-Mart bankrolls Alice Walton’s art museum; High Plains Ranchers and Breeders Association holds annual sale on June 4 at Dalhart, Texas, and the California Business Code 19525 regarding the sale of horses modified.

MERCURIA TO HOST NCHA WORLD SERIES EVENT, HORSE SALE AND CUTTING CLINIC IN LYON, FRANCE
Tentatively set for Oct. 28-30 in Lyon, France, Mercuria Global Energy Solutions, the sponsor of the World Series of Cutting, is scheduled to “up the ante,” by not only holding an event in Lyon, France, but also a horse sale on Oct. 30 and a two-day clinic on Oct. 26-27.

Horses consigned to the sale will be evaluated at between $25,000 and $40,000 by a committee consisting of Jeremy Barwick, Ernie Beutenmiller Jr., Lindy Burch, Russ Miller, Craig Morris, Chuck Smith, Tim Smith and Chubby Turner. A price of $25,000 will be guaranteed in the sale by Daniel Jaeggi, Group Vice President and head of Global Training for Mercuria Energy Group. To submit a horse for consideration for the sale, send a copy of the horse’s registration papers, show record and a vet’s statement of soundness and a video of the horse working to Turner at 4872 Old Garner Road, Weatherford, TX 76088. Contact Chubby at (817) 313-2946. The two-day clinic will tentatively feature trainers Bruch, Turner, Barwick and Morris.

Like the other eight World Series of Cutting shows schedule, the show in Lyon will have $25,000 in added money in both Open and Non-Pro competition. There will also be a $15,000 incentive from the Dual R Smokin European Incentive, with $2,500 each going to the top three qualifying European-owned horses in the Open and top three qualifying European Non-Pro riders. The clinic, sale and show will be held at Eurexpo Lyon in conjunction with the Equita Lyon Exhibition.

The other Mercuria/NCHA World Series of Cutting shows include Feb. 4-5, San Antonio, Texas, in conjunction with the San Antonio Stock Show & Rodeo; Feb. 25-26, Houston, Texas, in conjunction with the Houston Livestock Show & Rodeo; May 14-15, Tulsa, Okla., in conjunction with the Breeder’s Invitational; June 23-25, Reno, Nev., in conjunction with the Reno Rodeo; July 5-6, Oklahoma City, Okla., in conjunction with the AQHA Battle In The Saddle; July 10-14, Calgary, Alb., Canada, in conjunction with the Calgary Stampede; Sept. 15-16, Rancho Murieta, Calif., in conjunction with the El Rancho Futurity; Oct. 7-14 (dates TBD), Columbus, Ohio, in conjunction with the All American Quarter Horse Congress and Oct. 28-30 in Lyon, France.
Additional information available at www.nchacutting.com..

BREEDER’S INVITATIONAL DERBY TO BEGIN MAY 16
The Breeder’s Invitational, a two-week long event with $1.5 million in prize money at stake, returns to Tulsa May 16-28 at the Expo Square. The event offers one of the largest payouts of any competition sanctioned by the NCHA and for the second year in a row will run in conjunction with one of the Mercuria World Finals qualifying shows, which kicks off on May 14.

The Breeder’s Invitational is a non-profit corporation formed to promote and enhance the cutting horse industry by producing a major event that offers a very large purse. In its eight years of existence, the BI has paid out more than $11 million. For more information, contact the organization at (877) 781-2660 or go to www.breedersinvitational.com.

WAL-MART FAMILY GIVES $800 MILLION TO ALICE WALTON’S ARKANSAS MUSEUM
According to a May 6 article in the Wall Street Journal, the family of Wal-Mart founder Sam Walton has pledged to give $800 million to his daughter Alice Walton’s new art museum in Bentonville, Ark. It is the largest cash donation ever made to a U.S. art museum.

Alice Walton is a horse breeder, owner and non-pro participant in NCHA cutting competition. But she is also a well-known player in the art world and conceived the museum, call The Crystal Bridges Museum of American Art, six years ago, building its collection of artwork from scratch. The museum is a complex of eight gallery pavilions built around a pair of ponds in the company’s northwestern Arkansas hometown of Bentonville, with a population of 35,300. It was named for a nearby spring and its bridge-like architectural elements. In 2005, Alice outbid the National Gallery of Art to buy Asher B Durand’s Hudson River School masterpiece, “Kindred Spirits,” from the New York Public Library, paying around $35 million. The following year, she and the National Gallery jointly bid $68 million to buy Thomas Jefferson University’s Thomas Eakins masterpiece, “The Gross Clinic.” The move caused a furor among art lovers in Philadelphia and a group of local museums eventually raised enough funds to keep the Eakins.

A total of $325 million from the family’s gift is earmarked to buy additional artwork, $350 million will cover the museum’s operating expenses and $125 will be set aside for upkeep of the complex.

HIGH PLAINS RANCHERS AND BREEDERS TO HOLD ANNUAL SALE JUNE 4
A dozen ranchers and breeders from West Texas have banded together to hold the 12th Annual High Plains Ranchers and Breeders Sale on Saturday, June 4, 2011, in Dalhart, Texas. Presented will be 101 head of quality horses, with a preview from 9:30 to 12:30 a.m., and the sale starting at 1 p.m. Buyers can watch the sale and register to buy by May 20th at www.cattleusa.com.

There will be 60 yearling colts selling, 38 riding geldings and mares and 2-year-olds and 3 broodmares. Starting in 2012, the HPRBA Futurity will be held, guaranteeing a $6,000 payout the first year. Any colt sold through the HPRBA Sale will be eligible to return as a 2 or 3-year-old, with horses entered in the Futurity eligible to sell at that year’s sale. The top 3 horses will be awarded $3,000, $2,000 and $1,000.

Auctioneer will be Steve Friskup and pedigrees will be read by Ron Berndt. For further information, contact (806) 674-7337 or (806) 235-3776 or e-mail kathleen@hprba.com. The web site is www.hprba.com.

CALIFORNIA LEGISLATURE AMENDS CALIFORNIA BUSINESS AND PROFESSIONS CODE REGARDING BUYING AND SELLING OF HORSES
The California Business and Professions Code has been modified by the California legislature and now requires that all horse-sale transactions must be accompanied by a written bill of sale signed by both the buyer and seller or their agents; if an agent is acting on behalf of both the buyer and seller, the “dual agency” must be disclosed in writing, and any commission paid to an agent in an amount over $500 must be disclosed in the written bill of sale. If a lawsuit is brought, a person injured by a violation of the statute, will be able to recover treble damages from the other party.

May 4, 2011
A new web site is available for NCHA members interested in change. The project is a unied effort of many current NCHA Directors and members across the nation to collect via petition names and numbers of all parties interested in calling a "special meeting." A meeting is allowed by Article III and IV of the NCHA Constitution and Bylaws (pages 146-152) of the 2011 rule book).

The purpose of the special meeting will be to discuss topics
such as leadership, rules and the NCHA World Finals. The meeting will allow directors and members alike to address the direction of our association and its future. Please email any business items that you would like to have on the Special meeting agenda.

To go to the new website go to http://www.nchamembersvoice.com. If you have any questions, you can go to directors.cuttinghorse@gmail.com or call Steve at (314) 629-4999.

By Glory Ann Kurtz
April 26, 2011
Hay available for Possum Kingdom fire victims; Sale prices and averages up at Ocala Breeders 2-Year-Olds in Training sale; Havard Sales Management April 30 and June 10-12 sales; Fort Worth Stock Show elects directors and court order forbids drilling at Milner drilling site.

HAY AVAILABLE FOR POSSUM KINGDOM FIRE VICTIMS
Julia Anderson has several hundred square bales of coastal hay left over from the October 2010 cutting that she will sell cheap to fire victims. “My horses ate it all winter and are still eating it but I would not call it “choice horse hay,” said Julia. “Someone feeding cattle, goats or horses that aren’t used to alfalfa or feed-store hay might get better use out of it.”

The approximately 400 bales are currently under cover in a barn near Brock. If someone would come get it all, Julia will make them a good deal. You can reach her at 817-885-2783 or by e-mail at Julia_Anderson@xtoenergy.com.

OVERALL TOTAL SALES, AVERAGE PRICE INCREASE AT OBS TB SALE
Final numbers rose or held steady across the board after four days of sales during the Ocala Breeders’ Sales Co. Spring 2-Year-Olds in Training Sale. Overall sales totaled were up 26 percent to an April record of $25,897,400, following the sale of 822 horses from the 1,084 offered.

This all happened with the number cataloged being up 12.5 percent from 2010 and the number offered up 8.6 percent. The number sold was up 11.7 percent. The average of $31,505 was up 12.8 percent from last year’s $27,918. The median held even at $20,000. The highest-priced horse was a Macho Uno colt bringing $825,000.

HAVARD SALE MANAGEMENT TO HOLD TWO SALES
Havard Sale Management will hold the inaugural Tee Woolman Classic Performance Horse Sale on Saturday, April 30, 201 in Dayton, Texas. The demonstration will start at 10 a.m. with the sale starting at 1 p.m. at the Cherry Creek arena, 13846 Hwy 146, Dayton, Texas. Also, the East Texas Summer Sensational Ranch Horse Competition and Mixed Sale will take place June 10-12 at the George Henderson Jr Expo Center in Lufkin, Texas. For further information, call 337-494-1333 or go to www.HavardSales.com.

FORT WORTH STOCK SHOW ELECTS DIRECTORS
Newly elected directors of the Southwestern Exposition and Livestock Show held annually in Fort Worth include Russ Garrison, Jason Lesikar, Greg Morse, Phil Norwood, J.C. Pace III, Mary Margaret Richter and Morris L. Sheats, II. Elevated to the position of Honorary Vice President was John E. Dudley. Other re-elected directors and officers include Bradford Barnes, president and general manager; Edward P. Bass, chairman of the board; Charlie Geren, vice president; Charlie Moncrief, secretary; Randy Rogers, treasurer and W. R. “Bob” Watt Jr., president emeritus.

Livestock exhibitors totaled 21,366 from 43 states and three foreign countries. Junior show entries totaled 9,699 with students representing nearly every county in Texas. The show’s auctions grossed $6.1 million from 17 sales. The show awarded $317,000 in educational grants during the year ended March 31 and the estimated grounds attendance was 930,300 up from 920,000 in 2010, despite adjusting the format to 23 days from 24 days and the harsh weather. The 116th Southwestern Exposition and Livestock Show is scheduled for Jan. 13-Feb. 4, 2012. Go to www.fwssr.com.

COURT ORDER FORBIDS GAS DRILLING AT MILNER’S SOUTHLAKE SITE
Judge Ken Curry of Tarrant County issued a temporary restraining order to stop natural gas drilling at the (Jim and Mary Jo) Milner Ranch site in Southlake before it began. Southlake Taxpayers Against Neighborhood Drilling, a nonprofit corporation formed by residents, requested the order and sued Thursday, contending that the City Council had no jurisdiction to vote on the permit for the site. They are seeking a permanent injunction against drill at the site. XTO Energy needs one more city permit before it can begin drilling. The company has been granted a tree protection permit but not a final drilling permit

At issue is whether a supermajority vote by the City Council was needed to approve the permit. A hearing on the matter is set for 9 a.m. April 27th in the 153rd District Court in Fort Worth. Jim and Mary Jo Milner are long-time members of the NCHA with Mary Jo being many times Non-Pro World Champion and Jim serving as President.
Information for this article came from the Fort Worth Star Telegram

FINAL JUDGMENT ON WHITMIRE CASE HAS STRANGE TWIST AND LEAVES UNANSWERED QUESTIONS

By Glory Ann Kurtz
April 20, 2011
The Final Judgment in favor of the National Cutting Horse Association in the case of Lainie and Ray Whitmire v National Cutting Horse Association (NCHA), dated April 15, 2011, was signed by Judge Tom Lowe of Tarrant County’s 236th Judicial District. The Final Judgment came nine days short of three months following a Jan. 24, 2011 jury verdict in favor of Lainie Whitmire in a “Breach of Oral Contract” and “False Imprisonment” claims. The two claims were part of a case regarding the loss of Lainie’s Non-Pro and Amateur status in the association that has been going on since 2004.

However the Final Judgment included some strange twists and unanswered questions, including the fact that the parties and lawyers involved did not have a copy until some time after a news reporter called them for a quote. Also, while it is certainly unusual to overturn a jury’s verdict, it is customary to state the reason for taking the verdict away. The Final judgment, signed by Lowe, gave no reason for overturning the 12-member jury’s decision. The Final Judgment form submitted by the NCHA also had blanks to be filled in, which were obviously filled in by pen at a later date … by whom?

Also at the bottom of the first page, the initials “JM” are written in. Could these stand for James Morris, the NCHA attorney? There are no similar initials for Whitmire’s lawyer and do not appear to be Judge Lowe’s initials. Why did only one person (or party) get to initial the handwritten changes to the judgment and who was it?

The first part of this case saw Judge Lowe grant summary judgment for the NCHA on all of Lainie Whitmire’s claims, including the breach of oral contract claim, except the false imprisonment and intentional infliction tort claims. Lainie appealed this ruling to the Court of Appeals in the Second District of Texas in Fort Worth. On July 23, 2008, the Court of Appeals issued its ruling affirming the trial court’s grant of Summery Judgment on the membership contract claims, but it reversed the trial court’s decision on the breach of oral contract claim. That claim involved a settlement agreement Whitmire claims was reached between Eldridge Goins, acting as NCHA’s General Counsel, and Clark Brewster, who was Whitmire’s lawyer at the time. The Court of Appeals ruled that the NCHA must prove there is not such an agreement. Eldridge Goins had been previously disqualified by the trial court as the NCHA’s lead trial counsel in the case in light of his status as the principal trial witness for the NCHA on the breach claim. After winning this part of the appeal, Lainie Whitmire then tried this claim to the jury and won. She also tried the false imprisonment claim to the jury and won. These are the two findings by the jury that became their verdict and this is what Judge Lowe is taking away from Lainie Whitmire.

Another twist was that the Final Judgment said that Lainie Whitmire was required to pay $302,000 in attorney fees through the date of the Judgment, regardless of the fact that Judge Lowe had previously issued a Summary Judgment on Aug. 23, which stated that the trial court “agreed with the arguments advanced by the Whitmires and granted its summary judgment motion on this issue.”

“All of the NCHA’s counter-claims seeking to recover its attorneys’ fees and costs incurred in the case were dismissed as a matter of law,” said the Summary Judgment, while referring to the fact that Lainie’s membership had been suspended by the NCHA and when she sued she was no longer bound by their rules, saying that if she lost, she had to pay the NCHA’s lawyer fees. To me, that statement means that the NCHA could not recover any of its attorneys’ fees and costs incurred over the course of the lawsuit. (see attached Aug. 23 Summary Judgment). There is no explanation in the Final Judgment about how the NCHA recovers attorney’s fees from the Whitmires if Judge Lowe had already ruled in their favor saying the NCHA had no such claims for fees left in the case.

The April 15 Final Judgment also ordered that the NCHA recover $45,000 in attorneys’ fees from Ray Whitmire and that should Lainie or Ray appeal the judgment and be unsuccessful, the attorney’s fees award against Ray would be increased by a further amount of $25,000 for an appeal to the intermediate appellate court; a further $15,000 if a Petition for Review is filed and a further $25,000 if the error is granted. Also the amounts awarded would bear interest at the highest rate allowed by law from the date of judgment until paid in full. It further said that “good cause exists in this case to tax costs against the party incurring same and, therefore, all costs of court expended or incurred in this cause are adjudged against the party incurring same.”

Another strange twist? Why is there only an increase of attorney fees against Ray if either Lainie or Ray appeal? Ray lost his claim to seek reinstatement as a member of the NCHA after his membership had been terminated under Article II of the NCHA Constitution because he is married to Lainie and was financially supporting her law suit against the Association.

Another question that should be answered is based on what Judge Lowe said at the Feb. 23 hearing on the two parties’ motions to enter judgment. At that time, he shocked everyone in attendance by saying that he intended to take away the jury’s verdict on the breach of oral contract claim, but that he intended to enter judgment for Lainie Whitmire on the false imprisonment – what caused him to change his mind and take away the whole verdict? He also said he was not going to award all the fees Whitmire or the NCHA were asking for – what caused him to change his mind and award the NCHA all the fees they had asked for? The Final Judgment provides no explanation for any of this.

It is unknown at this time what the Whitmires are going to do and if they are going to appeal. If they do appeal, the same breach of contract claim that the Second Court of Appeals in Ft. Worth already sent back to Judge Lowe to be tried to a jury will be appealed for the second time, this time after the trial where a verdict favorable for the Whitmires was given by the jury only to see Judge Lowe take it away.
Click here for a copy of the Final Judgment>>
Click here for Summary Judgment on lawyer fees>

By Glory Ann Kurtz
April 18, 2011
According to a March 31, 2011 posting of the Event Trust Fund programs from the State of Texas, a total of $1,519,310 was approved for NCHA events in 2010 and 2011 by the Comptroller’s Local Government Assistance and Economic Development Divisions.

The amount includes money approved for two events that have already been held: the 2010 NCHA Futurity for $762,468, which includes $105,168 local share and $657,300 state share, and $242,111 for the 2011 NCHA Super Stakes, with $33,395 local share and $208,716 state share. Also, the upcoming 2011 NCHA Summer Spectacular will receive $514,741, which includes $70,999 local share and $443,742 state share.

Other horse associations receiving state funds include the American Miniature Horse (AMHA) Association World Show in Fort Worth, $159,854 ($22,049 local+$137,805 state); the American Paint Horse Association (APHA) Fall Championship Show, Fort Worth, $231,362 ($31,912+$199,450); (APHA) Youth World Championship Show, Fort Worth, $117,824 ($16,252+$101,572); Appaloosa Horse Club (ApHC) World Championship Show, $166,237 ($22,929+$143,308); National Reined Cow Horse Association (NRCHA) Celebration of Champions, San Angelo, $128,722 ($17,755+$110,967), and the National Reining Breeders Classic (NRBC) championship, Harris County, $231,782 ($31,970+$199,812).

The largest receiver of city and state funds that total over $76,500,000 for 2011 is the NFL Super Bowl XLV in Arlington, Texas, which will receive $31,154,062 ($4,297,11 local share and $26,856.95 state share.) According to the comptroller’s office, the amount spent to support such events has grown quickly. In 2007, about $2.5 million was paid to support large events.

According to a June 27, 2010 article on statesman.com, supporters of the program rave, saying they help cities attract or keep huge events that boost the local economy, by attracting huge numbers of people. The claim the incentives are increasingly necessary as more cities compete to host a dwindling number of events because of poor economic conditions. They give Texas a competitive advantage.

Critics contend the government gives away too much when it pays for expenses that well-heeled private organizations should cover themselves. Also research by some economists has shown many subsidies are based on economic impact estimates that dramatically overstate the benefits the cities reap.

However, whatever the real cost benefit are for such events, advocates say the trust funds are set up so there is no direct cost to Texas taxpayers. Before the day of the actual event, a city submits to the comptroller’s office an estimate of how much “extra revenue it will collect in sales taxes and other taxes from out-of-town visitors. The state multiplies that n umber based on what it stands to collect as the state’s share of the out-of-towner tax windfall – about six times the city’s share.

After the event, the city and state write checks for those amounts and deposit them into the applicable trust fund. The city then submits claims for its costs incurred in hosting the event: extra salaries, security costs, portable toilets, etc. Typically, the claims are paid until the trust fund is emptied.

The article went on to say that for the past several years, Fort Worth has calculated the time that its salaried employees spend working on several large horse shows. The trust fund then reimburses the city for the value of their pay and retirement benefits during those periods. Instead of keeping the money, Fort Worth passes it all to the horse association, which uses it to increase the amount of prize money it offers. Kirk Slaughter, director of the public events department for the Fort Worth event centers said that last year, the city gave the cutting horse organization $1.3 million, plus it paid the American Paint Horse Association hundreds of thousands of dollars.

To qualify for the trust funds, cities by law must demonstrate they were selected over other locations to host an event through a “highly competitive” process. However, Slaughter said that the National Cutting Horse Association has never indicated it wants to move its signature events from that city. They’ve not threatened to leave.” However, NCHA Executive Director was quoted as saying that he regularly receives inquiries from other cities. “There’s a lot of interest in our events outside of Texas. The trust fund program has been very helpful in retaining the events in Fort Worth.

New rules have also made an adjustment in the way cities calculate how much money certain major events will generate in extra taxes for an entire year. Thanks to the new rules, money available for cities has gone much higher. While Houston used the old rules, to subsidize the 2004 Super Bowl, the 2011 Super Bowl organizers are using the new rules and will receive an estimated $31 million in public support from the trust fund – more than three times the incentives spent in 2004 in Houston.
Click here for NCHA Trust Fund approval>>
Click here for all Texas Trust Fund approvals>>

By Glory Ann Kurtz
April 15, 2011
Even though neither the parties nor their lawyers in the Whitmire v NCHA case have received notice from the court, it was announced by Quarter Horse News reporter Mark Thompson today that Judge Tom Lowe signed an order on Friday, April 15, reversing the Jan. 24 jury verdict in the case. According to the article, the judge signed a final judgment not only reversing the jury’s decision but requiring Lainie Whitmire to reimburse the NCHA $345,200 in legal expenses it accrued during the case. It also stated there was a provision in the judgment that would require Whitmire to pay up to $65,000 if they appealed his decision and it was denied.

The award for reimbursement to the NCHA for legal expenses was an additional shocker, since Judge Lowe issued a Motion for Partial Summary Judgment on Aug. 23 stating that the NCHA could not recover any of its attorneys’ fees and costs incurred over the course of the lawsuit and no longer had a claim allowing for such recovering due to the fact that at the time of her lawsuit, Lainie Whitmire was not a member of the NCHA; therefore, she did not have to abide by NCHA Rule 41.

Rule 41 states, “If any member institutes litigation in which the Association is included as a defendant in an effort to recover damages, to overturn enforcement or interpretation of the Constitution, By-Laws, Rules or Regulations, or for any other reason whatsoever and does not prevail in said litigation by the recovery of all relief requested, said member shall be liable to the Association for its attorney fees, costs of court and other expenses incurred in connection with such litigation.”

During the jury trial, 10 of 12 jurors ruled in Whitmire’s favor, ruling : 1) the NCHA broke an oral agreement it made with Whitmire, awarding her $70,000 in damages and 2) that she was falsely imprisoned by NCHA officials; however, no damages were awarded in the false imprisonment ruling. At that time, Judge Lowe also said that there was one ruling he would make, “Each side would be required to pay the costs they incurred.”

During the trial, Lowe said that the economic waste in this case pained him and he welcomed a reversal if he made an error. Judge Lowe will get his wish asLainie and Ray Whitmire say they will appeal Judge Lowe’s ruling on Monday

The story popped up on Quarter Horse News’ site on Facebook with many responses, including, “Well, it looks like a judge was paid off;” “How can the judge impose a provision for a fine if they lose an appeal. This appears to be a denial of due process and, as such, pushes it into the realm of being unconstitutional;” The NCHA has very deep pockets and once again the good ole boys club gets what they want;” “How can one judge reverse a verdict by a jury? Not right;” “This kind of defeats the idea of a jury of your peers;” and “If neither sides’ attorneys had received the final judgment, how did the QHN receive it before them?”

April 9, 2011
Texas Department of State Health Services (DSHS) officials say that people who attended cutting horse shows in Belton and Lufkin last month may have been exposed to a horse that tested positive for rabies.

The shows were attended by roughly 150 people from Texas, Indiana, Iowa, Louisiana and Mississippi. While risk of transmission to humans appears to be low, DSHS is attempting to contact show attendees about possible exposures. Rabies is a viral illness that is almost always fatal once symptoms develop.

The horse participated in events at the following two shows during its infectious period, which included March 19-21, American Southwest Texas Cutting Horse Association show, Belton, Texas, and March 25-27, Lufkin Cutting Horse Association show, Lufkin, Texas.

Health officials are urging people who believe they have been exposed to the rabid horse to contact their health care provider or DSHS at (512) 458-7455 to determine if preventive treatment is warranted.

The horse was a 7-year-old bay Quarter Horse gelding with a faint star on its forehead. During the events, the horse was ridden and fed only by its owners and trainers and was stabled in a barn at each site.

Illness was first noticed in the horse March 31. It died April 4 and tested positive for rabies April 6. People can be infected with the rabies virus if they are bitten or if the infected animal’s saliva gets in an open wound or cut or in the eyes, nose or mouth of a person. A series of post-exposure shots, if given in time, can prevent rabies from developing.

For further information, contact Carrie Williams, Press Officer, 512-458-7119 or 512-965-7198.

By Glory Ann Kurtz
March 28, 2011
NCHA Super Stakes starts its 20-day run today, concluding on Saturday, April 16; NCHA Super Stakes Sale scheduled for April 16 at 9 a.m. in Watt Arena; Todd Bergen and Smart Luck win 2011 NRCHA Stakes Championship and Thoroughbred sales looking up. Will that carry over to the cutting horse sales?

NCHA SUPER STAKES STARTS 20-DAY RUN TODAY:
The NCHA Super Stakes started its 20-day run today with the first go-round of the Open Super Stakes Classic for 5- and 6-year-old horses sired by subscribed Super Stakes stallions. Some of the top cutting horses in the nation will be showing their skills during the event, vying for a portion of the $2.7 million total purse. The amount is down from last year’s over $3 million total purse, where there were a total of 1,443 total entries. Entries this year are down approximately 12 percent.

On Saturday, April 16, the final day of the NCHA Super Stakes, the NCHA Super Stakes Sale will be held, featuring 107 head of horses. Last year’s NCHA Super Stakes Sale featured 264 consigned horses, with 155 head selling for a $7,000 average.

According to Western Bloodstock, the high-selling horse in 2010 was Fancy Sugar Badger, a 2005 sorrel daughter of Smart Sugar Badger consigned by Missy Rosenberg, Bush, La., and purchased by Ramiro Garza, Tomball, Texas, for $60,000. The high selling broodmare was Jewel Bar Ruby, a 1999 daughter of Lenas Jewel Bars consigned by Jeremy Barwick (agent) and purchased by George Chappell, Terrell, Texas for $30,000. The high-selling yearling was Some Kinda Hydrive, sired by Hydrive Cat out of Some Kinda Memories, consigned by the Shrontz Family Ltd. Partnership and purchased by Shane Plummer, Fort Worth, Texas, for $26,000.

TODD BERGEN WINS NRCHA STAKES CHAMPINSHIP
NRCHA million-dollar rider Todd Bergen won the 2011 NRCHA Stakes Championship which ended on Sunday, March 27 in Nampa, Idaho. Bergen was aboard Smart Luck, a 5-year-old stallion by Very Smart Remedy out of Gunna Be Lucky owned by Cindy Warn, Cable Creek Ranch. The pair scored a composite of 664, earning $27,683. The Reserve title went to another NRCHA million dollar rider: Todd Crawford riding Moms Silverado Cat (High Brow Cat x Moms Stylish Pepto) owned by Rhodes River Ranch. The pair scored a total of 659.5, taking home $20,398.

The Limited Open and Intermediate titles went to Nick Dowers riding Shiney And Verysmart (Very Smart Remedy x Shirley Shine), owned by Non Pro Anne Reynolds, whom he has worked for only a few months. The pair scored a total of 655.5 and earned over $22,000. Ron Emmons and Reygans Smart Lena (Dual Rey x Smart Fancy Lena) owned by Douglas and Cynthia Granade, and Lyn Anderson and Tuckers Smart Cat (WR This Cats Smart x Smoke Time Tuck) owned by David and Barbara Archer, tied for the Intermediate Open Reserve Championship with scores of 655, earning $3,810. CD Ben (Soula Jule Star x CD Precious Gem) ridden by John Swales was the Limited Open Reserve Champion, marking a 649.5 composite. CD Ben is owned by Mary Reti.

Tish Wilhite and Fresno Fox, sired by Heart Of A Fox, won both the Non-Pro and Intermediate Non-Pro Championship, taking home over $13,430. The Non-Pro Reserve champion was Anne Reynolds and Very Shiney, sired by Very Smart Remedy out of Shirley Shine, winning $7,395. The Intermediate Non-Pro Reserve champion was Carol Roberts and Oaks Dual (TR Dual Rey x Docs Pearly Oak), winning $2,677.
Only horses by NRCHA Subscribed Stallions were eligible to compete at the NRCHA Stakes. For full results go to www.nrcha.com.

THOROUGHBRED SALES LOOKING UP
If there is anything bright about the Japanese today, it’s the fact that Japanese buyers made their presence known at the Barretts March sale of Selected 2-year-olds in training held March 21 at Pomona, Calif. They purchased two colts for $380,000 and $190,000. The high seller; however, brought $625,000 from Jess Jackson’s Stonestreet Stables. However, the sale increased 11.1 percent in the average ($100,709) and 16.7 percent in the median ($70,000) for the 55 head selling. A total of 20.3 percent did not sell.

At the Ocala Breeders March sale of select 2-year-olds in training, 244 head sold for $25,563,000 (up 43.9% from last year’s $17,766,000) averaging $104,766 (down 1.5%) for a median of $70,000 (down 6.7%). The two-day sale was topped by a $925,000 bid for a cold with the second highest price paid for a juvenile this season. Bob Baffert signed the ticket for Kaleem Shah. The volume buyer was Mark Casse, acting as agent for an undisclosed buyer, who purchased six juveniles for $1,755,000.

By Glory Ann Kurtz
March 14, 2011
A negative equine piroplasmosis test now required for AQHA World Show; NCHA member Alice Walton listed as 21st ranked billion in world with $21.2 billion; the Marketplace at Ardmore consignment Auction to be held at 10 a.m., Saturday, March 26; Co-champions top Open Derby and Classic/Challenge at PCCHA Derby and animal rights forces foiled in Oregon legislature, declaring anti-rodeo Senate Bill 613 dead.

NEGATIVE EQUINE PIROPLASMOSIS TEST REQUIRED FOR AQHA WORLD SHOW
According to an article on the AQHA web site, as of July 1, 2011, a negative equine piroplasmosis test will be required to show at the AHA World shows in Oklahoma City, Amarillo or Houston. Any horse entering the grounds of any of these shows will be required to have a certificate of a negative blood test for equine piroplasmosis. The tests must have been completed within the previous six months and will cost exhibitors $30-$40 per horse.

Equine piroplasmosis (EP) is a disease transmitted primarily by ticks and has been spread mechanically from animal to animal by contaminated needles. For a list of approved labs for the test, go to the USDA web site. In Texas, the Texas Veterinary Medical Diagnostic Laboratories in College Station and Amarillo has recently received approval from the USDA’s veterinary services to test for equine piroplasmosis for interstate and intrastate movement. Prior to this, the only location approved to do the test was in Ames, Iowa. Both labs will be equipped to receive samples starting June 1, 2010. If horses are to be shipped internationally, both EP tests, the B Equi or B caballi, must be run.

NCHA MEMBER ALICE WALTON RANKED 21ST IN NUMBER OF WORLD BILLIONAIRES
With the global ranks of billionaires growing by 199 in the past year according to Forbes Magazine, Walmart heiress and top non-pro cutter Alice Walton, 61, Mineral Wells, Texas, with $21.2 billion while Ed Bass, 66, Fort Worth, heavily involved in the city of Fort Worth and Fort Worth Stock Show, was 833rd with $1.5 billion.

According to Forbes.com, the number of people on the Forbes’ list climbed to 1,210, setting a record with combined wealth of $4.5 trillion, up from $3.6 trillion a year ago. The largest share, $1.5 trillion, is controlled by people in the U.S., while half of the new billionaires came from Brazil, Russia, India and China. The richest man in the world for the second year in a row is Mexican telecom magnate Carlos Slim, whose fortune climbed to $74 billion on strength in the Mexican stock market, a stronger peso and successful business spinoffs.

MARKETPLACE AT ARDMORE AUCTION SCHEDULED FOR MARCH 26
With a majority of the consignments being shown on cattle while selling, the Marketplace At Ardmore Auction Sale will be held Saturday, March 26, 2011 at the Hardy Murphy Coliseum in Ardmore, Okla.
A special double feature will be two of the industry’s leading cutting sires: Duals Blue Boon, a 1992 blue roan stallion sired by Dual Pep out of the industry’s leading dam, Royal Blue Boon, with earnings of $197,449 and the sire of offspring earning $1.6 million and Freckles Fancy Twist, a 1989 sorrel stallion, with $98,174 in lifetime earnings and the sire of offspring earning over $2.1 million. He is sired by the legendary Doc O’Lena out of Peppymint Twist. For a full sale catalog go to www.themarketplaceatardmore.com.

CO-CHAMPIONS TOP PCCHA OPEN DERBY AND CLASSIC/CHALLENGE
My Lizzy Babe, a daughter of Lizzys Gotta Player out of Moms Stylish Babe by Docs Stylish Oak, owned by John Kratzer, Rancho Santa Fe, Calif., and ridden by Tim Smith, tied with Oak Ill Be Peppy, a daughter of Skeets Ill Be Peppy out of Oak Ill Be by Ill Be Smart, owned by Karen Brody, Bell Canyon, Calif., ridden by Morgan Cromer for the championship of the Open Derby held during the PCCHA Derby and Classic/Challenge held March 7-13 in Paso Robles, Calif.

My Lizzy Babe also tied for the $10K Novice division for total earnings of $14,389.50. Oak Ill Be Peppy also won the Gelding Division and tied for the $10K Novice horse, for total earnings of $16,575.50. Both horses scored a 220 in the finals.

There was also a tie for the Open Championship of the Classic/Challenge between Sway Cat, a gelding by Smooth As A Cat out of TJ Miss San by Tachitas Jewel, owned by Melissa Corcoran, Alamo, Calif., ridden by Gavin Jordan tied with My Lil Lanta Lena, a daughter of owner George and Sue Hearst’s stallion Mylanta Lena, ridden by Bonnie Johnson. Both scored a 219 for a $11,899 paycheck. Sway Cat and Jordan also took home $1,405 for the Gelding title. The $10K Novice horse was CD Headlight ridden by Morgan Cromer.

Janet Westfall, Los Olivos, Calif., broke the bank when she won the Champion and Reserve Championship of the Non-Pro Derby with a 219 riding Duck On A Chain (Blue Duck Oakie x Zippity Dual x Dual Pep) for the championship and A Royal Dual (CD Royal x Miss Dual Pepto x Peptoboonsmal) took home the reserve title with a 218, earning Janet and her husband, Russ, a top open trainer, a total of $9,631.

The Non-Pro Classic/Challenge was won by Bonnie Martin, Las Vegas, Nev., riding Light N Lindy ((Light N Lena x PCR Hickory x Doc’s Hickory) won the Non-Pro Classic Challenge with a 218, for a $6,078 paycheck. The Reserve title went to Erin Bimat, Orland, Calif., riding Smoking Cat Wacky, taking home $5,504. Erin is the wife of top trainer Todd Bimat and the daughter of show secretary Kathryn Webb.

The $50,000 Amateur Derby was won by Ronald Faris riding Smooth Lil Remedy for a $1,244 paycheck while the $50,000 Amateur Classic/Challenge was taken by Traci Shehady riding His Reyflection for $2,714. For full results go to www.pccha.com.

HUMANE SOCIETY OF THE UNITED STATES LOSES RODEO BATTLE IN OREGON
According to the United Organizations of the Horse, an insistent Humane Society of the United States (HSUS) tried to ban the roping of livestock by scheduling a public hearing on Feb. 24 on Senate Bill 613 in Salem, Ore. However, their efforts were foiled when the Oregon Senate Committee on Environment and Natural Resources nixed the public hearing. With the anti-rodeo Senate Bill declared dead, at least for this session, the organization said the HSUS was intent on wiping out Oregon’s thriving rodeo tradition.

“No rodeo event in Oregon condones or conducts horse tripping. Oregon has comprehensive laws in place to protect animals. This bill was totally unnecessary. It was nothing more than a first step in HSUS to ban all roping of all animals in our state,” said Dave Duquette, United Horsemen CEO and President. “Horses are livestock and if this bill had become law, it would have set the precedent for making it illegal to rope a cow.”

An excerpt from an email circulated by HSUS’ Oregon Director, Scott Beckstead, in response to the news that SB 613 had been killed, said, “We will continue to carefully monitor both the Big Loop rodeos in eastern Oregon, as well as the clandestine charro rodeos in other areas. Rest assured this bill will be sponsored again in the next session and we will not stop trying until we finally get the law passed.”

By Glory Ann Kurtz
Feb. 24, 2011 – Fort Worth, Texas
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An unexpected, off-the-record statement made yesterday by the judge in the damages hearing of the Whitmire v NCHA case, was a shocker. Following an hour of arguments by attorneys in response to both sides request that the court enter a final judgment in the hearing, including contending requests for an award of attorney fees, Judge Tom Lowe of Tarrant County’s 236th District Court dropped a bombshell, saying he would probably take away the jury’s verdict in favor of Lainie Whitmire handed down on Jan. 24.

During the hour, prior to Judge Lowe’s statements, both attorneys sparred on who would pay projected attorney’s fees for the jury trial, which the Whitmires won on both counts: Breach of Oral Agreement and False Imprisonment. NCHA attorney Jim Morris claimed they had spent $675,080 in legal fees, which were segregated out to $327,676 for the jury trial. Walker pointed out that the balance of the attorney fees of more than $300,000 had been waived by the NCHA because it had not requested an award of the fees prior to the trial court’s first ruling on Whitmire’s membership claims and the first appeal of those claims over two years ago. On the other hand, Whitmire’s attorney James Walker claimed $963,496, saying he had submitted extensive proof for his attorney’s fees in his affidavit to the court and had even deducted over $300,000 as fees not tied to the breach of oral contract claim. Walker reminded the court that the Whitmires had paid all of this out of their own pocket.

When court costs were brought up, Judge Lowe said that was one ruling he could make: each side would be required to pay the costs they incurred.

Morris also made motions for the judge to overturn the jury’s verdict and requested a new trial based on the evidence the judge didn’t allow – including not letting Lindy Burch testify to refute Chubby Turner’s video testimony regarding the inappropriateness of NCHA attorney Eldridge Goins’ actions with non-pros and amateurs and not allowing some exhibits to be seen by the jury. He also claimed that the Whitmires had an improper expert witness, who made his horse appraisal decisions based on figures supplied by Ray Whitmire.

Morris also claimed that Whitmire should not have received $70,000 in damages, due to the decreased value of her horses, because there was no evidence showing that the plaintiff owned the three horses appraised. Morris contended the horses were in the name of Ray Whitmire or Whitmire Ranches. Also on the false imprisonment charge, Morris said Whitmire was not forced to stay – she could have left the women’s locker room if she had wanted to.

Walker claimed that he had received materials only yesterday that Morris had filed with the court and had to respond to them before court this morning. However, the material in the documents never offered any new information. They questioned his fees, which he claims were all commensurate with Texas law. “They were properly documented and deducted to only include costs necessary for the jury trial for time and work performed,” said Walker. He said the NCHA documents also discussed a new trial. Judge Lowe responded with, “There will not be a new trial granted.”

Walker went on to point out that Burch was only going to testify to the same thing several NCHA witnesses had already said and her testimony was “cumulative” of the other witnesses’ testimony. The expert had already cleared a full hearing to test his opinions that the court conducted during the trial and the court had ruled he could testify and nothing the NCHA was now saying was any different from what the court had already refused to accept, according to Walker.

Judge Lowe finished up the morning by speaking to the court. “I have learned one thing from all of this litigation and several witnesses, including the fact that the Whitmires are good people and it was loud and clear that the NCHA was a fine organization,” said Lowe. “But sometimes even good people make mistakes. I understand why the Whitmires valued their membership because of the fine people involved in the NCHA. But I despise economic waste - and the economic waste in this case pains me.”

However, off the record, Lowe said, “I don’t take much pride in my decisions; I’m more intent on being right and I welcome a reversal if I make an error.” He continued saying, “Even the appellate court makes errors and I felt the appellate court was mistaken by having it tried again here.”

“There was never any doubt that Mrs. Whitmire was treated less than appropriately but whether it rose to ‘false imprisonment,’ I didn’t see that,” said Lowe. “And the jury’s award of damages did not take anything away from the real pain you encountered. However, I’m probably going to grant a reversal on the “Breach of Oral Contract” (which called for the $70,000 in damages) and let the jury’s verdict stand on the “False Imprisonment” claim,” (which returned no award for damages.)

No mention was made by the judge on attorney’s fees; however, Whitmire had previously received a Summary Judgment from Judge Lowe, saying she would not be responsible for any NCHA legal fees because she was not a member of the NCHA at the time she sued them. The judge’s formal decision will be made next week following documents that need to be filed with him by the attorneys by Monday morning.

SOUTH POINT TRIPLE WINNERS CIRCUIT CANCELLED; DECISION TO BE MADE ON JULY AND OCTOBER SHOWS

By Glory Ann Kurtz
Feb. 2, 2011
According to Paula Gaughan, the South Point Triple Winners Circuit scheduled for Feb. 17-23 at the South Point Equestrian Center in Las Vegas, Nev., has been cancelled. A decision has not yet been made on the July and October shows that were part of the Circuit.

“Without PCCHA’s approval to count the earnings for their year-end awards, it will not be feasible to have the show,” said Paula. “To date we have only 75 stalls and a total of 52 entries for the first day. Only two of the open show classes had enough entries to even make a class the first day."

In response to Paula's request for approval, the PCCHA said, "It was unanimously agreed upon that the Pacific Coast does not want to lose any of your shows; however, We find ourselves in an odd situation without added NCHA approval. When the Board put the 2011 Show Approvals Policy in place, they felt the value of being an affiiate of NCHA and requiring dual approval would take care of any eligibility concerns for both horses and riders, along with tracking earnings."
Click here for Paula's letter>>
Click for Paulas request and PCCHA response>>

NCHA WAS WARNED YEARS AGO WITH THE GAUGHAN/SAUNDERS LAWSUIT ABOUT POSSIBLE DECLINE IN PARTICIPATION

By Glory Ann Kurtz
Nov. 19, 2010
Two and one-half years ago on May 20, 2008, a lawsuit was filed by Paula Gaughan and Dean Sanders, to obtain detailed information about NCHA’s financial affairs, suggesting possible shortfalls in the upcoming years. This week, the NCHA has made a plea to Directors to help them cover a $282,432 projected budget shortfall in NCHA weekend shows.

The statement of facts from the 2008 lawsuit stated: “it appears to us that participation in certain NCHA events has declined while the costs borne by members wishing to compete in these same events have increased. We also find ourselves in an economy requiring a certain amount of belt-tightening by all concerned. We are genuinely interested in fostering increased participation in NCHA events by lowering the costs associated with that participation and making sure that the membership dues and other monies received by the NCHA are being spent with the best interests of the NCHA membership in mind.”

Fast forward to today. That lawsuit is still ongoing, with the NCHA resisting giving all the requested records to Gaughan and for those records they have given her, they are not allowing her to share them with the rest of the members. A ruling is due any day to come down from the appellate court while members and directors are complaining there is no transparency within the NCHA’s financials and they have no real handle on the financial affairs of the association.

This week, e-mails went out to all NCHA directors, asking them to participate in a planning session conference call to assist the NCHA Executive Committee in their 2011 budgeting process. Participating in the calls would be NCHA President Chris Benedict, NCHA President-elect Keith Deaville and NCHA Vice President Ernie Beutenmiller, Jr., as well as each region’s Executive Committee member and NCHA Executive Director Jeff Hooper and CFO and Treasurer Rick Ivey.

The reason for the conference calls was the surprising revelation that the budgeted amount for the upcoming weekend shows was $282,432 in the red. What happened? What could they do about it? Directors were enlightened to the fact that the NCHA had experienced a seven percent (7%) decline in overall revenue compared to 2009 primarily due to a decrease in show entries, both at the limited-age events and weekend shows – as well as a decreased Chatter advertising sales. The letter stated that the Executive Committee had already made adjustments to the office/cattle charges at the Triple Crown events to be more in line with covering those expenses, stating that only sponsor money and no membership dues, Chatter advertising, weekend show 6% fees or other sources were used for added money.

The letter listed suggestions for directors to consider to make weekend income more in line with expenses, including: 1) possibly increasing the weekend show approval fee above the present 6% (they budgeted at 6%, 2,100 shows would bring in approximately $530,964);, 2) questioning whether the $1,000 in earnings is the appropriate amount for the Achievement buckle; 3) questioning whether year-end Top 15 buckles are appreciated at the cost of $89,100 per year for 180 buckles; 4) Is NCHA weekend working and is it worth the $75,000 expenses incurred, including the $3,000 per area for 25 areas; 5) Are the grassroots cutting clinics appreciated and are the trophies and other cash year-end wards that the NCHA provides to affiliates ($144,387 per year) the right amount and are they valued by the recipients?

Along with the letter was a projected 2011 budget for the weekend shows, showing revenue of $790,484 and expenses of $1,072.916 for the year – along with pie charts - for a $282,432 loss for the year.

Therefore, some directors are asking for the complete financial records, saying good decisions cannot be made without this information as to whether the NCHA numbers are correct. Also, the letter indicated that expenses had exceeded revenues on the weekend side for numerous years, without stating exactly how many years. The directors had no clue because that information was not previously revealed. Why wasn’t this addressed sooner?

Others are asking exactly how many NCHA members there are and how many are active in weekend shows and limited age events held at weekend shows. Also, where are the weekend limited age events counted? Also, what category are the Eastern and Western events, the Youth Scholarship Cutting and the World Finals events placed in?

On the suggested budget, how was the cost for the NCHA employees working on NCHA shows determined? Did they total up total salaries, find the average and multiply that by the six employees to get the $241,791 that they claim are spent on six employees working on weekend events?

Another question is how sponsor dollars are divided up and how much time, effort and capital is spent by all NCHA staff or directors to obtain those sponsors. Also, on the association’s complete financial side, the NCHA 2009 financials said that they had about $8 million in reserves. Where did those revenues come from and what are these reserves currently.

Many other interesting thoughts and questions have arisen by this sudden plea for help by the Executive Committee. You can click on the following links to see the actual letter sent to the directors, as well as the accompanying 2011 budget for weekend shows. Also included is a link to one insightful letter from a director to the NCHA Executive Committee.

By Glory Ann Kurtz
Oct. 21, 2010 – Fort Worth, Texas
Ray and Lainie Whitmire shown prior to their lawsuit.

On Aug. 23, Judge Tom Lowe of the 236th Judicial District, Tarrant County, Texas, issued an “Order On Plaintiffs’ Motion for Partial Summary Judgment” regarding Lainie Whitmire’s (Plaintiff) breach of oral contract claim and Ray Whitmire’s claim seeking reinstatement as a member of the National Cutting Horse Association (Defendant). The Order granted the Plaintiff’s motion in part – and denied it in part.

The trial court ruled that the NCHA could terminate Ray Whitmire’s membership under Article II of the NCHA Constitution because he is married to Lainie Whitmire and is financially supporting her law suit against the Association.

Judge Lowe determined that the judicial non-interference doctrine prevented him from interfering in the NCHA’s determination along these lines. Ray Whitmire had sought only a legal declaration that Article II of the NCHA Constitution was too vague and ambiguous to support termination of his membership simply for supporting his wife. The trial court could not agree to allow this claim to proceed in light of the non-interference doctrine and Ray Whitmire’s summary judgment motion was denied in this regard.

Lainie and Ray Whitmire, however, had also sought summary judgment on the NCHA’s claim for attorneys’ fees against both of them in connection with the entire dispute.

The NCHA claimed that it was entitled to recovery of its reasonable and necessary attorneys’ fees and expenses under NCHA Rule 41 which says, “If any member institutes litigation in which the Association is included as a defendant in an effort to recover damages, to overturn enforcement or interpretation of the Constitution, By-Laws, Rules or Regulations, or for any other reason whatsoever and does not prevail in said litigation by the recovery of all relief requested, said member shall be liable to the Association for its attorney fees, costs of court and other expenses incurred in connection with such litigation. Venue for any litigation in which the Association is included as a defendant shall be Tarrant County, Texas.”

The NCHA also sought to recover its attorneys’ fees and costs under Chapter 38 of the Texas Civil Practice & Remedies Code allowing a trial court discretion to award fees and costs to a party to a declaratory judgment action such as the kind filed by the Whitmires against the NCHA.

The trial court agreed with the arguments advanced by the Whitmires and granted their summary judgment motion on this issue. As a result, all of the NCHA’s counter-claims seeking to recover its attorneys’ fees and costs incurred in the case were dismissed as a matter of law. This means the NCHA cannot recover any of its attorneys’ fees and costs incurred over the course of the lawsuit and no longer has a claim allowing for such a recovery.

A jury trial regarding Lainie Whitmire vs. NCHA is scheduled to begin on Jan. 10, 2011, after being moved from the original Sept. 27, 2010 date. The trial is a continuation of a lawsuit filed by Lainie Whitmire against the NCHA on Oct. 1, 2006 following a dispute about her amateur/non-pro status that has been going on since 2004. On April 9, 2008, Judge Lowe issued a Summary Judgment in favor of the NCHA as to certain of Whitmire’s claims, including the membership contract claims and the breach of oral promise claims.

Whitmire appealed this ruling to the Court of Appeals in the Second District of Texas in Fort Worth. On July 23, 2008, the Court of Appeals issued its ruling affirming the trial court’s grant of Summary Judgment on the membership contract claims but it reversed the trial court’s decision on the breach of oral contract claim. That claim involves a settlement agreement Whitmire claims was reached between Eldridge Goins, acting as NCHA’s General Counsel, and Clark Brewster, who was Whitmire’s lawyer at the time.

The Court of Appeals has ruled that the NCHA must prove there is not such an agreement. Eldridge Goins has been previously disqualified by the trial court as the NCHA’s lead trial counsel in the case in light of his status as the principal trial witness for the NCHA on the breach claim.
Click here for a copy of the Motion>>
Click here for a copy of the judges Order>>

OKLAHOMA NON-PROFIT CORPORATION BIDS $325,000 FOR BANKRUPT BABCOCK QUARTER HORSES INC. ASSETS

By Glory Ann Kurtz and Steve Warren
Oct. 3, 2010
According to the latest legal documents filed as of Sept. 30, the Fellowship of Christian Upreach Services, Inc. (FOCUS), an Oklahoma non-for-profit corporation, remains the high bidder for over 200 horses and ranch equipment from Babcock Quarter Horses, Inc.

Christopher J. Moser, the Chapter 11 Trustee of Babcock Quarter Horses, Inc., filed a motion authorizing the sale of certain assets free and clear of liens, claims and encumbrances and other assets subject to liens, claims and encumbrances, if no higher bids are received. The bankruptcy court finalized the sale immediately in an order granting the expedited motion of the trustee, because over 200 horses were living on the Gainesville Valley View Ranches, formerly owned by Jim Babcock. The expedited motion to sell by the trustee stated that the horses needed immediate care, medical attention and feeding; therefore the trustee requested authorization to sell the horses and equipment for $325,000.

On July 13, 2009 Babcock Quarter Horses, Inc., filed Chapter 11 bankruptcy in the Eastern District of Texas and on Aug. 3, 2009 Jim Babcock filed an individual Chapter 11 case. Babcock is represented by Bill Payne, a Paris, Texas, lawyer. On Aug. 4, 2010, the U.S. Trustee moved to convert the Chapter 11 bankruptcy (which protected Babcock from creditors) to a Chapter 7.

FOCUS, headquartered in Oklahoma City, Okla., the lone bidder on Sept. 23, and according to legal documents, “probably” the new owner of the Valley View Ranch, offered to purchase the horses for $225,000, but refused to purchase the horses without purchasing the equipment on the two ranches. Therefore, the Trustee and FOCUS reached an agreement whereby FOCUS would pay $100,000 for the equipment, subject to any liens. FOCUS would pay a 20 percent deposit of $65,000 and would receive its deposit back should there be another winning bidder at the Sept. 30 hearing.

The estate also possesses frozen semen and while the stallions (Captain Nice, Trashadeous, Cowboy Smarts, Lucky Little Lena, 25% ownership in Leitachic – but not including Smart Chic Olena) will ultimately be transferred to FOCUS or the winning bidder, such winning bidder will have to wait for the ultimate delivery of the title on these stallions until the Trustee has disposed of the semen or otherwise made arrangements thereto. Currently the frozen semen and embryos are not part of this sale.

The principal of FOCUS is James Bond, who has known Jim Babcock for years. Over the last six years, he has engaged in several transactions with Babcock, but states he has never been a partner of Babcock in any dealings. A search on the Internet found no company by the name of “Fellowship” of Christian Upreach Services, Inc.; however, a company called “Foundation” of Christian Upreach Services, Inc., was found, with James Bond as the contact.

According to www.guidestar.org, the last time that the non-profit “Foundation” of Christian Upreach Services Inc., filed a tax return was in 2003 for their fiscal year 10/1/2002 through 9/30/2003. According to their mission statement, they provide “education for prison inmates.” Board members include Bond and Mary Carider. During that fiscal year, they said, “Numerous current and former prison inmates served through teaching programs and assistance to integrate back into society post incarceration.”

Some of the mares and their offspring were taken out of the sale, due to the fact that the mares were leased by Babcock and not owned by him. The Babcock Quarter Horses Inc trustee agreed, rejected the mare leases and abandoned interest in the mares.

To date, no legal documents have been filed regarding if another entity made a higher bid.
Click here for original bid by FOCUS>>
Click here for Expedited Motion to sell assets>>
Click here for FOCUS 2003 IRS 920 return>>

BOBBY BOUGET – MILLIE KAY WALKER LAWSUIT AGAINST NCHA TAKES STRANGE TURN; THEIR LAWYER IS FOUND GUILTY OF MALPRACTICE IN FEDERAL COURT

BOUGET RECEIVES DEFAULT JUDGMENT, INCLUDING ATTORNEY FEESAND OTHER RELATED COSTS AND REQUESTS PUNITIVE DAMAGES EXCEEDING $1 MILLION

By Glory Ann Kurtz
Aug. 14, 2010 – Fort Worth, Texas

Bobby Bouget and his daughter Millie Kay Walker received a default judgment on April 30, 2010 from United States District Judge Terry R. Means, for malpractice by their lawyer Fort Worth attorney Stuart Oliphint.

A lawsuit that has included circumstances extending from 2004 to the present day has taken many twists and turns for Bobby Bouget, Branch, La., and his daughter Millie Kay Walker. The twists and turns include the most recent one in which Bouget and Walker received a default judgment on April 30, 2010 from United States District Judge Terry R. Means, for malpractice by their lawyer Fort Worth attorney Stuart Oliphint.

In the meantime, even though Oliphint was ordered by the court to pay the over $88,000 in legal fees that NCHA was awarded in a Summary Judgment against Bouget and Walker for his malpractice, the NCHA still has a judgment and liens against Bouget and Walker, which include their homes and businesses, since Louisiana is the only state where a person’s homestead can be attached by a judgment and lien.

Bouget, a long-time NCHA member and professional trainer, and Walker, a non-professional competitor, filed suit against the NCHA on June 26, 2006, after they were suspended by the NCHA in April 2005 for violation of NCHA’s rules relating to non-professional horse rules. Walker’s non-professional status was also revoked for life. A Motion for Summary Judgment dated Oct. 8, 2007 and filed by the NCHA stated that “Texas courts will not interfere with the internal management of voluntary associations so long as the governing bodies of such associations do not substitute legislation for interpretation and do not overstep the bounds of reason or violate public policy or the laws of this state while doing so.” It continues that “the Texas policy of nonintervention also extends to an association’s disciplinary procedures because members impliedly agree to abide by the rules when they decide to join a voluntary association.”

However, court records indicate that Oliphint filed suit against the NCHA in Bouget and Walker’s behalf, and the NCHA answered the suit with a Motion for Summary Judgment with a counter claim for legal fees. Oliphint failed to answer the NCHA’s Motion for Summary Judgment and dismissed Bouget and Walker’s suit without authorization, which allowed the NCHA to immediately move for the granting of their Summary Judgment. The court granted NCHA’s Summary Judgment and Counter Claim for Legal Fees – placing a lien in the State of Louisiana on Bouget and Walker’s assets – naming the NCHA as the Lien Holder. According to Bouget, even though the amount of the lien was $67,000, he later received a certified letter from NCHA Treasurer Rick Ivey, which stated the demand had increased to over $88,000.
Click here for judgment against Bouget/Walkers property>>

Court records indicate the court, after granting the NCHA’s Motion for Summary Judgment scheduled a hearing date for Oliphint and the NCHA attorney to review the witness list and verify accumulated legal fees with both parties agreeing. Later Oliphint filed and was granted a Motion for Continuance to review the legal fees of the NCHA but never attended the court-appointed hearing date. The NCHA filed and was granted a second Motion for Summary Judgment, in this matter, and included Oliphint’s failure to appear in court in this document.

Bouget, Walker and Jermaine D. Williams, Attorney at Law, Lafayette, La., hired Rick Dennis, a legal analyst from Bush, La., owner of the Wind River Company L.L.C., to review, analyze and formulate a litigation file in this matter.

“This is the most bizarre legal case I have ever reviewed and analyzed in my combined 40-year legal expertise – both as a former drug enforcement agent as well as a security professional in the private sector,” said Dennis. “Oliphint’s legal filings in the Bouget-Walker case certainly defy logic to say the least. A lawyer is just not this inept. Oliphint’s legal filings revealed he did everything to help the NCHA win this case and nothing to help Bouget and Walker. During the Federal Court trial on April 27, 2010, Oliphint stated to the court that his actions were predicated on a lower court judge telling him this was an ‘un-winnable” case; however, this claim was never corroborated. A case is deemed un-winnable after it’s tried in court – not before.”

To Dennis, Oliphint’s actions remain a mystery (i.e.) Oliphint never filed a Motion to Withdraw from this case as Bouget and Walker’s Attorney of Record to date. During Dennis’ analysis of the Bouget-Walker legal file at the Tarrant County Clerk of Court, it was revealed the names of the NCHA witnesses filed in this case file with the Tarrant County Clerk of Court were deliberately blacked out but a court-ordered protective order could not be found authorizing protection of witnesses. According to Dennis, a clerk with the Clerk of Court also looked for a Protective Order but none could be found. The clerk told Dennis, “This is the way we received it from the NCHA.”

When Oliphint was contacted by Dennis regarding the Tarrant County case file, he said that he “really didn’t know where the Bouget/Walker legal file was. Perhaps half of it was in the trunk of his automobile and some of it might be in his office and the remainder at his residence.” According to his peers, Oliphint is a top-rated attorney in the Dallas/Fort Worth, Texas, area.

Using the litigation file compiled by Dennis, Jermaine D. Williams, representing Bouget and Walker, sued Oliphint in United States District Court for the Northern District of Texas, Fort Worth Division, saying that without their permission, he non-suited their claims against the NCHA and failed to respond to a Motion for Summary Judgment filed by the NCHA, which sought attorney’s fees. They insisted that due to Oliphint’s failure to respond, the Texas Court granted Summary Judgment in favor of the NCHA for attorney’s fees and court costs in the amount of $88,075.43, with interest accruing as provided by Texas law.

According to legal records, Oliphint, despite never filing an answer or other response to Bouget and Walker’s complaint, was notified of the pending motion for default judgment and appeared at the default judgment hearing where he acknowledged he did not respond and conceded there was no legal reason a default judgment should not be entered against him.

As a result of the evidence portrayed at the hearing on April 27, 2010, Honorable Judge Terry R. Means on April 30, 2010 granted the Default Judgment in favor of Bouget and Walker. As the prevailing party, they were entitled to recovery of costs and damages, including attorney fees, which would be awarded in the final judgment after all matters relevant to the Motion for Default were received, including punitive damages which were requested at over $1 million.
Click here for Default Judgment awarded to Bouget & Walker>>

By Glory Ann Kurtz
July 28, 2010
Bill Underhill, Gainesville, Texas, passes away at 75; Western States Cutting Horse Association to hold Limited Age Event with $50,000 in added money; Learning to Read the Foot of the Horse lectures and demonstrations scheduled for Sept. 24-25 in Aubrey and Pilot Point, Texas; Steve Anderson and Jennifer Foland in the lead following two go-rounds of the NCHA Non-Pro Derby; Dates changed for Southwest Reining Horse Futurity and Indiana Thoroughbred sale averages increase.

BILL UNDERHILL, GAINESVILLE, TEXAS, TRAINER PASSES AWAY AT 75
Bill Underhill, 75, a cutting horse trainer with over $74,000 in NCHA lifetime earnings,from Gainesville, Texas, passed away in the early morning of Wednesday, July 28. In April, Underhill fell coming out of the barn and hit the asphalt with his head. Following a CAT scan, they found blood seeping into his brain. After hospitalization and skilled nursing and therapy, Underhill went into a coma. Funeral arrangements are not available at press time. Send your condolences to his wife Pat and family at 3511 I-35 South, Gainesville, TX 76249-9739 (940) 668-7354.

WESTERN STATES CUTTING HORSE ASSOCIATION TO HOLD AGED EVENT SEPT 29-OCT 3
The Western States Cutting Horse Association, named the 2010 NCHA Affiliate of the Year, is planning a limited-age event in Loveland, Colo., Sept. 29-Oct. 3. With $50,000 in added money, the Open and Non-Pro futurities will have $22,000 in added money pro-rated, with three full go-rounds for Open 3-year-olds. The Open and Non-Pro Derby and Classic will both have $12,500 added (pro-rated) with two go-rounds and a finals.

The Pro-Am, with $3,000 in added money, will have one Open go and one Non-Pro/Amateur go, on the same horse, with the highest-scoring rider going to the Finals. The Loveland facility has everthing under one roof, including the show pen, stalls, practice pen and wash racks. For entry forms and rules, go to www.westernstatescha.com. Call Debby Phinney at 970-380-2113 for further information and stall reservations, which are required, or e-mail justincuttin@aol.com.

LEARNING TO READ THE HORSE FOOT INSIDE AND OUT LECTURES AND DEMONSRATIONS SCHEDULED FOR SEPT. 24-25 IN AUBREY AND PILOT POINT, TEXAS
Hosted by Equine Medical Associates, Inc., and Jimbo Stewart, Dr. Redden's Learning to Read the Foot Inside and Out lectures and demonstrations will be held in Aubrey and Pilot Point, Texas, on Sept. 24-25. Morning lectures will be held at The Center in Aubrey and afternoon demonstrations will be held at Equine Medical Associates in Pilot Point, Texas.

Lectures will include learning to read growth rings and other external characteristics that define the healthy foot; various grades of club feet, crushed heels, laminitis and the thin-soled foot; understanding how radiographic information relates to external features and landmarks; how the mechanical formula is the key to a healthy foot; ways to manage the club foot; how to help the crushed heel recover and shoeing options for the navicular horse.

Demonstration topics will include examining the young and mature foot for external landmarks and correlating the findings with radiographic information; basic radiographic protocol - what farriers need to know; examining, categorizing and shoeing the club foot on the young and mature horse; shoeing the crushed heel horse and shoeing the navicular horse.

Early bird discounts will be given until Aug. 27. For more information call Robin Levison at (940) 465-6138 or e-mail her at rlevison@aol.com.

STEVE ANDERSON AND JENNIFER FOLAND TOP NON-PRO NCHA DERBY ENTRIES GOING TO NON-PRO SEMIFINALS
Steve Anderson, Victoria, Texas, riding Jo Jo Boon (Peptoboonsmal x Bambi Freckles) and Jennifer Foland, Weatherford, Texas, riding Shes Twice As Smooth (Smooth As A Cat x Dually Lil Pep) topped the 150-entry NCHA Non-Pro Derby following two go-rounds. The event is currently taking place at the Will Rogers Coliseum in Fort Worth, Texas. Both scored a total of 434 points following two go-rounds. Anderson also tied for 13th place riding Scootin Dualquita (Smart Lil Scoot x Dualquita) with a 428.5.It took a 421.5 to advance to Thursday's Non-Pro semifinals. A total of 48 entries will go to the semifinals. The Non-Pro Derby finals will be held Saturday, July 31 at 3 p.m., followed by the Open Derby Finals.

DATES CHANGED FOR SWRHA FUTURITY/HORSE SHOW
The Southwest Reining Horse Association Futurity & Horse Show has announced that the dates for the prestigious SWRHA Futurity and Horse Show have been changed due to a scheduling conflict with the Hardy Murphy Coliseum in Ardmore, Okla. The dates were originally slated for Oct. 19-24; however, the show will now to held one week later, Oct. 26-31. For further information, call (580) 759-2572 or visit www.swrha.com.

TOTAL SALES, AVERAGE PRICE INCREASE AT INDIANA T.B. SALE
Total sales at the Indiana Thoroughbred Owners and Breeders Association for horses of racing age sale held Sunday, July 25, increased 23.6 percent from the 2009 sale.

With 36 horses going through the sale ring, 22 were reported sold for $224,900, averaging $10,233, an increase of 12.4 percent from 2009. The buy-back rate was 38.9 percent slightly lower than the 39.4 percent during last year's sale. The ony bad news was the median price which was down 31.9 percent from $5,950 in 2009 to $4,059 this year.

Nineteen of the horses sold were 2-year-olds in training, accounting for 94.3 percent ($212,200 of the total). The high seller was Benji Blues, a 2-year-old gelding, bringing $65,000.

By Glory Ann Kurtz
July 20, 2010
It's back to the appellate court for the Paula Gaughan and Dean Sanders 2008 lawsuit against the NCHA following a mediation hearing held on July 13. The Second District Court of Appeals had ruled that mediation must be held prior to Aug. 15.

Following the mediation, James Walker, attorney for Gaughan and Sanders, said, "Ross Stoddard did an excellent job as mediator; unfortunately we were not able to resolve our dispute so its back to the appellate court for a final opinion."a

It is unknown when the appellate court will make their decision as to whether or not members of the NcHA, or the general public, will be able to view most, if not all, of the NCHA's financial records. The NCHA had produced the requested records for Gaughan; however, they designated 41 percent of the financial information (36,555 of the 89,214 pages) confidential and on Nov. 17, 2009 received a protective order from Judge Donald Cosby of Fort Worth's 67th District Court, saying Gaughan could not share the financial information with the rest of the membership, or anyone for that matter. Gaughan filed an appeal.

However, whatever decision the appellate court makes, it will be a landmark decision as this particular portion of the non-profit law has never been challenged.

JEFF MATTHEWS AND SHERI FORREST “TIE THE KNOT” DESPITE ADVERSITIES AT CUTTING’S SOCIAL FUNCTION OF THE YEAR

Article and Photos by Glory Ann Kurtz
July 7, 2010 – Weatherford, Texas

Jeff Matthews and Sheri Forrest tied the knot on June 25 at their new home in Silverado on the Brazos - but not without adversities.

He was the most eligible bachelor in the cutting industry. She was a talented writer, photographer and publicist. They met each other almost 30 years ago in Reno and went on a single date – then their lives took them in different directions. But the horse industry world is small and Jeff Matthews and Sheri Forrest soon met again and resumed their relationship where they left off – this time tying the knot at a beautiful, romantic wedding held June 25 at their new home at Silverado on the Brazos outside of Weatherford, Texas.

However, the wedding was not without adversity. Only a few days before their planned wedding, Jeff, the owner of One Time Pepto, the industry’s most popular young stallion, had a heart attack and had two stents put in his coronary artery. Luckily, the heart attack came in the hospital.

“I was having my nails done and just felt like I needed to call home,” said Sheri. “I asked him how he was doing because he didn’t sound right. He confessed that he had been having chest pains for two days. Sheri went into action, calling the ranch to try to find someone to take him to the hospital. Everyone was gone for lunch; however, she reached the landscape guy on his cell phone and talked him into going back to the ranch and taking Jeff to the hospital. She told him she’d meet them there.

Obviously Jeff was at the right place at the right time because an EKG showed he was having a heart attack at that very moment. The doctors said he had three arteries blocked; however, their main concern was the blocked “widow maker” artery. They inserted two stents into that artery; however, there were two other arteries also blocked. While one was totally blocked and had calcified, Jeff’s body had created new arteries for the flow of blood. The other one would be taken care of less than a week later, after the wedding.

On a lighter note, some felt it was inevitable for a bachelor of 55 about to take the “big step” for the first time.

But Sheri had her own problems, as just prior to the wedding ceremony, someone stepped on her foot, breaking her toe. She did her best during the evening to hide the pain, not realizing the toe had been broken.

But the marriage of Jeff and Sheri was obviously meant to be. They were constantly reminded of that as they recited their vows and she wiped a tear from his face as NCHA’s Tom Holt officiated in a unique ceremony outdoors under a huge tree decorated with lanterns filled with lit candles. The birds sang, the crickets chirped and the weather changed from sweltering heat to pleasant as the clouds moved in.

From the plastic image of One Time Pepto, valet parking, a social hour to the backdrop of a small band, to the catered sit-down dinner of buffalo steak from Bonnells of Fort Worth, to the thousands of roses and a full-fledged dance band – the wedding was opulent, unique, yet romantic friendly and relaxing. Included in the invitee list were four horse trainers who are training the first crop of One Time Peptos to reach the performance arena - including Todd Crawford, Lloyd Cox, Paul Hansma and Gary Gonsalves To this editor, it was the social event of the year within the cutting industry and the union of two major players.

Parents of the bride were Tom and Helen Austin, the bridesmaids were Nan (Mrs. Bob) Kingsley and Jeff’s sister Carroll Matthews. Carroll also sung “I Believe” following the wedding and her daughter, Krystin Baggett, was the flower girl. Carroll’s son, Will Arthur, was a groomsman, along with Carl Faison, Jeff’s North Carolina farm manager for over 20 years. Faison’s son, Josiah, escorted Dallas, Jeff’s beautiful Australian Shepherd dog that carried the wedding rings in two separate velvet bags on its collar. Sheri was escorted by her sons Brent Bahry, a college student majoring in computer engineering from San Diego, Calif., and Sean, a music major from Los Angeles who sang at the wedding.

The table decorations at the social hour included roses and photos of Jeff and Sheri.

Although the Texas ranch will be the couple’s primary residence, they will also retain their homes: Jeff’s broodmare operation in Warsaw, N.C. and Sheri’s main business address in Gold River, Calif. “We’re going to be doing a lot of showing in Texas,” said Sheri.

By Glory Ann Kurtz
June 28, 2010
Both sides of Gaughan and Sanders v NCHA ordered to participate in mediation to resolve differences by Aug. 18; Pete Branch wins NCHA Mercuria Energy World Series of Cutting in Reno riding Ms Peppy Cat while Janet Westfall rides Jeeps Posi Traction to the Non-Pro title; NRHA Futurity Champions, Shawn Flarida and Gunnatrashya win NRHA Derby; Kim Dooley claims Non-Pro.

PETE BRANCH AND JANET WESTFALL REIGN
The top five horses at the NCHA Mercuria Energy World Series of Cutting held at the Reno Rodeo on Saturday, June 26 were sired by High Brow Cat, the industry’s leading sire. Pete Branch rode Ms Peppy Cat (out of Ms Peppy Doc) to the championship with a 227 score, taking home the $8,427 first-place check. The 2010 NCHA leading Open Horse in the World Championship Standings is owned by Lonnie and Barbara Allsup.

The Reserve title was taken by Thomas E Hughes (out of Smart Letha), owned by Don and Kathy Boone, with a 222 score, earning $7,021. Third with a 218.5 was Tomcat Chex (out of Miss Reed Chex) owned by Rick and Jalinda Covey and ridden by Gavin Jordan. Tomcat Chex, ridden by Covey, also finished sixth in the Non-Pro with a 214 score. Tachita Cat (out of Tachitas Last), owned by Margo Hazell, also ridden by Jordan, finished fourth and also finished fourth in the Non-Pro with Hazell riding. Starcat Merada (out of Merada Lena), owned by Daniel Jaeggi and ridden by Chubby Turner, finished fifth.

In the Non-Pro division, Janet Westfall riding Jeeps Posi Traction (Genuine Jeep x Starstruck DB), finished first with a 224, earning $8,737. The Reserve title went to Mary Jo Milner riding Dulces Joker (Dulces Smart Lena x Miss Joker Tanquery), scoring a 222.5 and earning $7,269. Third went to Dual R Smokin (Dual Rey x Smokin Pepto), ridden by Constance Jaeggi. Fifth was Carol Ward riding Lil Dulce Lu (Dulces Smart Lena x Miss Haulin Hickory). There was $25,000 added in both divisions. The next stop will be Oklahoma City for the Battle in The Saddle, July 5-7, followed by the Calgary Stampede July 11-15.

GAUGHAN AND SANDERS V NCHA ORDERED TO MEDIATION:
Following a hearing of oral arguments before the Second District Court of Appeals on June 15, Paula Gaughan and Dean Sanders were ordered to participate in mediation with NCHA lawyers to resolve their differences by Aug. 18. If they still remain unresolved, the Appeals Court will rule. Gaughan is requesting that she be allowed to share the financial records of the Association with the rest of the members.

SHAWN FLARIDA RIDES GUNNATRASHYA TO CHAMPIONSHIP OF NRHA DERBY
Gunnatrashya, a 4-year-old stallion by Colonels Smoking Gun (Gunner) out of Natrasha by Trashadeous took the championship of the NRHA Derby on June 26 in Oklahoma City, Okla. The winner of the 2009 Congress Reining Futurity and over $173,098 in lifetime earnings before the NRHA Derby win, scored a whopping 235 in the 36-horse finals, taking home the $50,000 paycheck. The stallion is owned by Arcese Quarter Horses USA, Weatherford, Texas.

The Reserve title went to Boom Shernic, a 6-year-old son of Boomernic out of She And Chic Dunit by Smart Chic Olena, owned by the Boom Shernic Syndicate, Overbrook, Okla., and ridden by Craig C Schmersal to a 234 – taking home $35,066.31. The Reserve title was a replay of the Congress Reining Futurity where Gunnatrashya finished first and Boom Shernic was Reserve. The pair’s largest paycheck of $40,500 came from a fourth place in the 2009 NRBC Classic Open Derby. Boom Shernic $237,240 prior to his NRHA Derby check.

In the 33-horse Non-Pro Finals, held Friday, June 25, Kim Dooley, Scottsdale, Ariz., rode Country Custom, a 4-year-old stallion by Custom Crome out of JJM Sunny Delight by Bar Money Sunny. The pair scored a 225, taking home the $10,451.05 paycheck. The pair won the Non-Pro Division of the National Reining Breeders Classic, winning their largest paycheck of $40,908. The stallion currently has $58,392.46 in lifetime earnings.

Reserve went to Mandy McCutcheon, Tioga, Texas, riding Starstruck Girl, a 4-year-old daughter of Smart Starbuck out of Good Time Show Girl by Hollywood Dun It. The pair scored a 224 and took home an $8,680.60 paycheck. This was added to their lifetime earnings of $21,461 prior to the NRHA Derby. For full results, go to http://www.nrha.com.

June 20, 2010
Fort Worth, Texas
The state of Texas has approved a total of $1,309,759 in state incentive funding for the next cycle of NCHA Triple Crown of Cutting events. The funding will apply to the 2010 NCHA Summer Spectacular, 2010 NCHA Futurity and 2011 NCHA Super Stakes. One hundred percent (100%) of the approved funding will be dedicated to the purses of the NCHA Triple Crown of Cutting events.

Under legislation passed in 2005, the office of Texas Comptroller of Public Accounts Susan Combs reviews funding requests submitted by the host city or municipality (for the NCHA, the City of Fort Worth) for major special events and sporting events such as the NCHA Triple Crown. The State Comptroller's office can then grant approval for funding to retain and/or attract these special events.

The approval process for the NCHA is based on the economic impact NCHA's Triple Crown events have on Fort Worth and North Texas. Independent economic impact studies have shown that the three events bring 35,751 visitors to the city for a total of 275,599 visitor days and $57,554,914 in direct, taxable expenditures. The funding approved is basically a partial rebate to the host city from the state's share of sales taxes and other applicable taxes generated by the event. The state still benefits financially, in that if the events receiving funding were relocated outside the State of Texas, the state would lose all of the economic benefits that these major activities produce.

"It is great that the State of Texas recognizes and supports the tremendous economic impact that these NCHA events have for our State's economy, and is willing to support our events at this level," said NCHA Executive Director Jeff Hooper.

The latest approval brings the total amount of State support for NCHA's Triple Crown events up to $6,428,137 since the inception of this incentive plan in 2006.

June 12, 2010
The Non-Pro in full swing in Oklahoma City, Okla.; NRCHA Snaffle Bit Futurity Sales to begin earlier and Intermediate Open class increases added purse for a total of $70,000; Fort Ranch Sale scheduled for June 19; PBR trims Finals competition to six rounds; APHA World Shows to become "qualifying" shows; Editor position open at APHA; PBR to initiate six-round Finals and PRCA to award Veterinarian Of the Year" at NFR.

CLINT HIXSON WINS 5/6-YEAR-OLD AMATEUR FINALS AT THE NON-PRO
Clint Hixson, Monroe, LO\a., riding Peppers Stylish Cat to a 221, won the 62-entry 5/6-Year-Old Amateur Finals title at The Non-Pro, held June 8-15 at the State Fair arena in Oklahoma City, Okla. The pair picked up the $5,815.81 paycheck. The Reserve title went to Nicholas Johnson, Benson, N.C., riding Kadabra Jess for Jamie and Lisa Johnson. The pair scored a 217, picking up a $4,072.85 total paycheck.

The $10,000 Amateur Finals were taken by David House, Tulsa, Okla., riding Cats Sandy Lena to a 219 and took home $6,288.64. The Reserve title went to Dustini Ham, Whitesboro, Texas, riding Sizzlin Little to a 213 and a $3,959.09 total paycheck.The event featured 21 total entries.

The 30-entry $15,000 Novice Non-Pro was won by Dean Holden, Marietta, Okla., riding MK Dual San to a 221.5 for $1,997.38. Brad Wilson, Lone Grove, Okla., came in second riding Redneck Style to a 220.5 for $1,640.71. In the 13-entry one go-round $20,000 Non-Pro, Diane Foster, Harrisburg, Ill., rode Smart Cinch Olena to a 215 and a $5,363.64 paycheck. Reserve, with a 214 score, went to Kevin Glover riding WR Lets Roll, owned by Bobby Glover, Temple, Texas. The pair collected $3,342.42.

Today there will be three finals: 4-Year-Old Amateur, 5/6-Year-Old Non-Pro and the $50,000 Non-Pro Any-Age Horse. The event finishes on Tuesday, June 15 with three finals: $2,000 Limit Rider Any Horse and the 4- and 5/6-Year-Old Open finals.

NRCHA SNAFFLE BIT FUTURITY SALES TO BEGIN EARLIER; $30,000 GUARANTEED TO INTERMEDIATE OPEN CHAMPION
Changes have been made for the NRCHA Snaffle Bit Futurity Sales, with the event beginning one day earlier and taking place Sept. 29-Oct. 1. The event takes place in Reno, Nev., Sept. 20-Oct. 1.

According to Horse Sale Committee Chairman Sandy Collier, the Classic Yearling and Broodmare Sale will take place Wednesday, Sept. 29 at noon in the Pavilion; the Select Yearling and Broodmare Sale, Thursday, Sept. 30, 9 a.m., Main Arena; Performance Horse Sale, Thurssday, Sept. 30, following the Yearling and Broodmare Sale in the Main arena (Preview for Performance Horse Sale, 7 a.m., Thursday, Sept. 30) and Select 2-Year-Old Sale, Friday, Oct. 1, 3 p.m., Main Arena (Preview for Select 2-Year-Old Sale, Friday, Oct. 9:45 a.m.)

The premier market place for reined cow horses and prospects, the Snaffle Bit Futurity Sales have become a major draw of the Reno, Nevada, event. Despite tough economic conditions, the Sales grossed $2,934,100 in 2009.

Intermediate Open exhibitors at the 2010 NRCHA Snaffle Bit Futurity will have increased added money, thanks to Cinch, who is adding an additional $25,000 to the already impressive added money. The division will now have $70,000 in added money, and a guaranteed payout to the Champion of $30,000. With Cinch being a long-time partner of NRHA, the division will now be called the Cinch Intermediate Open Futurity.
Press release from NRCHA

FORT RANCH PRODUCTION SALE TO BE HELD JUNE 19
The 33rd Annual Fort Ranch Production Sale will be held Saturday, June 19, 2010 and will include 67 high-quality foals. The sale begins with a preview at 10:00 a.m., with the sale beginning at 11:30 a.m. at the Fort Ranch.

The sale will include offerings from the first foal crop of the ranch's newest Stallion, Quite A Boon, sired by World Champion, Peptoboonsmal, who has produced offspring that have earned over $14 million. Quite A Boon's dam, Meradas Little Sue, is the NCHA All-Time Money-Earning Mare with lietime earnings of $730,552, the NCHA Horse of the Year, a three-time NCHA Open World Champion, a member of the NCHA Hall of Fame, and a 10-time aged event champion. She also has produced money-earners of over $800,000 to date. Quite A Boon has earned $61,000 in NCHA cutting competition to date. His full brother has earned $166,000 and his full sister has earned $52,000 and they're still going strong.

Also selling will be several colts by Ricochets Sue, sired by Smart Lil Ricochet out of Meradas Little Sue. There will also be a number of Zoom Zoom Shorty colts in the sale. The Buckskin Stallion is a son of Shorty Lena and his dam, Paloma Quixote, has produced 10 money-earners with total earnings of $362,038. Included in the sale will be a number of buckskins, palominos, and duns that he has sired.

There will also be a set of foals by Gun Goes Boon. This bay roan stallion is sired by Playgun out of My Angel of Blue. She was the last daughter of Royal Blue Boon and is a full sister to Peptoboonsmal and Peppys from Heaven.

Also featured in the offering will be a high-quality representation of foals sired by the beautiful black stallion, Bobalena Bob, sired by Bob Acre Doc out of Lenas Patent by Smart Little Lena. Bobalena Bob was an NCHA Futurity Ssemifinalist, a winner of nearly $27,000 and a sire of NCHA money-earners. There will also be colorful colts with great conformation sired by the Palomino stallion, Little Pistol Badge, sired by Young Gun out of Little Peppy Holly by Peppy San Badger.

The high-mountain pastures of the Fort Ranch are a natural conditioner for their colts as they graze the steep slopes and travel to water with the broodmare band. The Fort Ranch horses have proven their versatility by being winners and money-earners in the cutting, reining, working cow-horse, and roping arenas.

The Ranch is located just south of The Golden Spike National Monument in Promontory, Utah. Promising to be a day of fun for the entire family with refreshments, a complimentary lunch will be held. The beautiful scenery of the historic Ranch will serve as the back drop for an offering of the colts.

A complete and comprehensive sale catalog is currently being prepared. If you have not received a catalog in the past, please call Rick Ellis to receive a copy and visit their website at www.fortranch.com.

APHA WORLD SHOWS TO BECOME "QUALIFYING SHOWS"
Up untiil now, the American Paint Horse Association (APHA) World Shows were open to anyone; however, that will soon change. On June 4, 2010, at an APHA Workshop, the APHA Executive Committee approved an APHA World Show "qualifying" proposal.
Click here for proposal>>

EDITOR POSITION OPEN AT AMERICAN PAINT HORSE ASSOCIATION
The APHA has an Editor position open. The selected applicant will be responsible for all magazines and will report to the Marketing Director. He or she will directly manage the editorial staff and the Circulation Manager. The successful candidate must have strong leadership skills, an eye for detail and a passion for producing high quality magazines that will appeal to all members.

Responsibilities will include but not be limited to: Developing, supervising and motivating a team of four to five employees; Plan and direct overall activities of the department; oversee circulation; write and photograph feature stories; ensure publication schedules are met; maintain an editorial calendar and database and plan and manage department budget and business accounts

The Editor must have strong communication skills and be able to communicate with APHA members and the Board of Directors as well as present reports to the Executive Committee and management. He or she must also be flexible, willing to travel, have the ability to multi-task and work in a deadline driven environment. The Editor will also oversee production of the association’s other publications – Paint Horse Connection and Paint Horse Racing. In addition to working with the editorial staff and Circulation manager, the Editor will work closely with the sales team, the graphics department and the marketing staff.

He or she must have a college degree in Journalism or English, should have a minimum of four to six years editorial and photography experience and some knowledge of magazine advertising sales. Experience in the equine industry is a must. Interested applicant should contact HR Director Judy Mitchell at jmitchell@apha.com.
Press release from APHA

SHORTER SIX-ROUND FORMAT AT PBR FINALS INTENSIFIES COMPETITION
Because the Built Ford Tough World Finals has been trimmed from eight rounds to six this year, PBR Livestock Director Cody Lambert won’t be selecting as many bulls to compete. Last year he took about 180 animals, including 40 ABBI Classic bulls. This October he expects to have about 150 available. The event is scheduled for Oct. 20-24 at the Thomas & Mack arena in Las Vegas, Nev.

“It will be tougher for a bull to qualify for the Finals, and that’s one thing that’s really going to be tough,” Lambert said. “It’s going to take fewer bulls to [stage the Finals].”

Bulls chosen to compete under the glare of the Las Vegas neon earned $1,500 for their owners in a long round last year. Short-round bulls, including the three re-ride bulls, brought in $4,000. Both figures will be increasing in 2010.

In addition, the downshift to six rounds means the competition for World Champion Bull will be trimmed. In the past three seasons, title contenders had three outs to impress the judges. This year, bulls will only have two. The Built Ford Tough Championship Round will be one of those opportunities.

“I’m not sure what the other round will be,” Lambert said. Eight bulls competed for the title last year: five the riders selected, two that tied in a fan balloting and one that Lambert chose. No hard-and-fast rule governs how many can vie for the crown.

PRCA VETERINARIAN OF THE YEAR TO BE AWARDED AT NFR
The Professional Rodeo Cowboys Association (PRCA) has created the PRCA Veterinarian of the Year Award, presented by Purina. The first recipient will be honored during the 52nd Wrangler National Finals Rodeo, Dec. 2-11 at the Thomas & Mack Center in Las Vegas. The award will go to a veterinarian who exemplifies extraordinary dedication and commitment to the well being of professional rodeo livestock.

“We will honor one veterinarian each year, but it is also recognition of the hundreds of veterinarians who are on-site at PRCA rodeos and who care for livestock in their communities,” said ProRodeo Hall of Famer and Chairman of the PRCA’s Animal Welfare Committee, Doug Corey, DVM. The PRCA Livestock Welfare Department is involved in outreach and education, along with implementing rules for the proper care and treatment of livestock.
Article by Chris McManes/PBRNow.com

By Glory Ann Kurtz
June 7, 2010 – Fort Worth, Texas
Whether or not you are perfectly happy with what goes on within the NCHA, you shouldn’t miss the opportunity to let your voice be heard at the 2010 NCHA Convention which will begin next week. The annual event will be held June 18-20 at the Hilton DFW Lakes in Grapevine, Texas. Registration to the convention is $45 per person and all attendees will have the ability to attend all the Committee Meetings. Go to NCHAcutting.com and click on the Convention ad – you can register in advance.

The Zack T Wood NCHA Memorial Golf Tournament will be held prior to the convention on June 17 starting at 9 a.m. and The Tribute Golf Club, 1000 Lebanon Rd., The Colony, TX 75056. All Committee meetings will be held on Friday, June 18 and Saturday, June 19

FRIDAY, JUNE 18:
. On Friday, June 18, registration will start at 7 a.m. and go until 5 p.m. The Regional Directors meetings will be held at 8 to 8:45 a.m. Three committee meetings will be held from 9 a.m. to 12 noon and include the Affiliate Officers/Secretaries, Judges Rules and Amateur Committee meetings.

AFFILIATE OFFICERS/SECRETARIES AGENDA:
Some interesting subjects on the Agenda for the Affiliate Officers/Secretaries will discuss include being able to identify apprentice trainers who have returned to Non-Pro status and are showing in limited classes. Also they will review show producers that fail to fulfill their liabilities of show management.
Click here for Affiliate Officers/Secretaries agenda>>

JUDGES RULES AGENDA:
On the Judges Rules agenda, it is suggested changing the requirements for the sixth box judge applicants to be “new applicants only who have lifetime earnings of over $250,000;” imposing fines on Limited Age Events who do not have the required escort, discussing Rule 16 regarding helmets on adults and clarify the attire rule (probably due to the recent “hoodie-gate” controversy), and revisiting judges signing their cards at major Limited Age Events.
Click here for Judges Rules agenda>>

AMATEUR MEETING AGENDA:
Items on the agenda for the Amateur meeting including increasing the Amateur Exception Rule from $5,000 to $15,000; changing the current payout structure, becoming a Life Amateur if you are an amateur at age 60; verbage changes for standing rule 6j (All new shows apply for approval must offer both an open cutting horse contest and an unlimited class for non-pro riders with parity of added purses) to include the Amateur division and creating a new entry-level $1,000 Amateur Class as a 3-year-experiment.
Click here for Amateur agenda>>

Four other committee meetings will be held from 1 to 4 p.m. and include the Non-Professional, Professional Trainers, Stallion Owners and Approved LAE Show Producers. Those meetings will be followed at 4:30 p.m. to 6:30 p.m. by a Board of Directors Meeting, followed by New Directors Orientation from 6:30 to 7:30 p.m.

NON-PRO AGENDA:
The Non-Pro meeting agenda will also include the Amateur Exception Rule increase it from $5,000 to $15,000; a third horse (gelding) in the Derby 4-year-old, in the Amateur, Non-Pro and Limited Non-Pro; Raising the $50,000 cap of Non-Pros showing in the Open class to $200,000 before they have to forfeit their Non-Pro status; discuss a “Life Amateur” at age 60, as well as Non-Pro/Amateur life memberships for life members and mandatory three head of cattle for all weekend fresh-cattle classes.
Click here for Non-Pro agenda>>

PROFESSIONAL TRAINERS:
Professional trainers will discuss the possibility of honoring the owner and breeder of the horses that make the NCHA Open Futurity Finals in the rider introductions; recognizing go-round winners at the Futurity with a buckle and/or money; time limites on judge’s hours; eligibility requirements for the John Deere Division (Limited) of the Open class at the NCHA Triple Crown events; a gelding class at the Derby; parking at Will Rogers and fines for Rule 16 – the dress code.
Click here for Professional Trainers agenda>>

STALLION OWNERS:
Stallion owners will meeting to discuss planning to alleviate and/or “grandfather” older stallions; propose a plan to increase overall purse where breeders/mare owners pay a nomination fee for foals; review how stallion owners’ nomination fees are currently allocated for the Super Stakes in the various classes and age divisions and propose a formula to pay a bonus to the stallion owners from stallion nominations for finalists in the Super Stakes.
Click here for Stallion Owners agenda>>

LIMITED AGE EVENT PRODUCERS:
Discuss if a LAE with added money of less than $10,000 should be approved within the blocked dates of a major LAE ($10,000 or more in added money); review the major LAE five-year projections of show dates for 2011-2015 for possible conflicts of dates; review and vote on the major LAE show dates for Jan. 1-June 20, 2011.
Click here for Limited Age Event Producers agenda>>

SATURDAY, JUNE 19:
On Saturday, June 19, registration will be from 7 a.m. to 5 p.m. From 8 a.m. to 9:30 a.m., the Promotion & Development Committee will meet. Also starting at 8 a.m. and lasting to 11:30 a.m. will be the Open Show Committee meeting. At 9:30 a.m. to 11:30 a.m., the Long-Range Planning Committee will meet.

PROMOTION & DEVELOPMENT MEETING:
Discuss ways to utilize the exhibit hall to increase cutting activities, spectator participation and NCHA growth, promoting NCHA at the introductory and weekend levels, and increase media awareness for affiliate shows.
Click here for Promotion & Development agenda>>

OPEN SHOW MEETING:
Review options for changing payout structure plus other standing rules; revise the method to determine the number of finalists at the National Championship Shows, creating a fixed minimum number of finalists and a maximum percentage of finalists for each class; change mandating of Youth weekend classes; adding three head of fresh cattle per entry at shows having $750 or more in added money; requiring affiliates to hold at least three NCHA approved shows per year to qualify entrants for the National Championship shows; changing minimum class size from three entries paying one money to five entries paying one money; guaranteeing first-place check in Open and on-Pro be larger than for other classes at National Championships; create a new entry-level $1,000 Amateur class as a 3-year experiment and raising the earnings limit on the $2,000 Limit Rider to at least $3,000.
Click here for Open Show agenda>>

LONG-RANGE PLANNING AGENDA:
Limiting directors, include comments from director nominees in Chatter or online; replacing directors for lack of attendance at NCHA Convention; director term limits, a member of the Year Award and discuss affiliate guidelines and processes for receiving NCHA Affiliate status.
Click here for Long-Range-Planning agenda>>

YOUTH COMMITTEE AGENDA:
Discuss rules regarding NCHA approved Youth cutting horse contests; distributing more scholarship money at Eastern and Western; a definitive split in Senior and Junior Youth classes; have Youth cutting points available on website and awarding a Reserve Reserve Rookie of the Year award.
Click here for Youth Committee agenda>>

LIMITED AGE EVENTS AGENDA:
Discuss selling an Open horse’s position in the draw of the Super Stakes and Summer Spectacular before the start of the go-round for a fee; third horse as a gelding during the Derby portion of the Summer Spectacular; posting the breeder of the horses during the NCHA events on scoreboard; honoring owner and breeder of horses making NCHA Open Futurity finals; running the Open finals of the Derby and Super Stakes before the Non-Pro finals in case both divisions of the finals are on the same day; Age 60 Life Amateur; impact the internet is having on the attendance of the event finals of the Will Rogers events and possibility of delaying broadcast of any finals or a charge; raise Non-Pro earnings cap from $50,000 to $200,000; reevaluate draw procedure for semis and finals of NCHA-produced shows; music played continually throughout Triple Crown events and create an Open Intermediate, revolving-door rider’s class during NCHA aged events.
Click here for Limited Age Events agenda>>

SUNDAY, JUNE 20:
Sunday’s agenda will include a Christian Cutters for Christ Church Service from 7 a.m. to 8 a.m., the Board of Directors Meeting from 8 to 9:15 a.m. and the General Membership Meeting from 9:30 a.m. to 11:30 a.m. – where all the decisions of the committees will be announced by the committee heads. However, even though members and committee members agree on a rule change, it is not official until the Executive Committee meets and votes on it.
Click here for the Convention schedule>>

For hotel reservations call the hotel at 1-800-984-1344 or go to http://tinyurl.com/nchaconvention2010. For further information, contact the NCHA at 817-244-6188.

By Glory Ann Kurtz
May 17, 2010 – Fort Worth, Texas

Ray and Lainie Whitmire.
Photo by Glory Ann Kurtz

A jury trial is scheduled for the Whitmire v NCHA at 9 a.m. on Sept. 27, 2010 in Judge Tom Lowe’s 236th District Court, Fort Worth, Texas. The trial is a continuation of a lawsuit filed by Lainie Whitmire against the NCHA on Oct. 1, 2006, following a dispute about her amateur/non-pro status that had been going on since 2004.

On April 9, 2008, Judge Lowe issued a Summary Judgment in favor of the NCHA as to certain of Whitmire’s claims, including the membership contract claims and the breach of oral promise claims. Whitmire appealed this ruling to the Court of Appeals in the Second District of Texas in Fort Worth. On July 23, 2008, the Court of Appeals issued its ruling affirming the trial court’s grant of summary judgment on the membership contract claims but it reversed the trial court’s decision on the breach of oral promise claim. That claim involves a settlement agreement Whitmire claims was reached between Eldridge Goins, acting as NCHA General Counsel, and Clark Brewster, who was Whitmire’s lawyer at the time. The enforcement of this oral agreement would result in reinstatement of Whitmire as a non-pro NCHA member. The Court of Appeals has ruled that the NCHA must prove there is not such an agreement.

Besides the breach of oral promise claim, Whitmire is also claiming false imprisonment and intentional infliction of emotional distress. Also, Lainie’s husband, Ray, is awaiting a decision from Judge Lowe regarding the suspension of his membership under Article II of the NCHA Constitution for being “disharmonious” by supporting his wife financially when she filed the law suit against the NCHA. Judge Lowe has not yet issued a ruling on the pending summary judgment motions addressing this claim.
The Court has given Whitmire a “special setting” which means that the case will be tried to a jury on the Sept. 27 setting without any further delay.

OPINION EXPECTED ON GAUGHAN V NCHA
In other lawsuit news, an opinion is expected from the Appeals Court regarding a suit Paula Gaughan filed in May 2008 in Fort Worth’s 67th District Court seeking a wide range of NCHA financial information, including bank account and payroll records, money paid to NCHA administrators and to all vendors and attorneys who had worked with the association within the prior three years.

In November 2009, Judge Don Cosby of Fort Worth’s 67th District Court ruled in favor of the NCHA in his Summary Judgment and also ruled that as much as 41 percent of the financial records the NCHA had turned over to Gaughan were designated as confidential.” The NCHA secured a ruling from Judge Cosby to the effect that Gaughan cannot share the financial records and the information they contain with other NCHA members.

Gaughan says she wants the membership to have the right to view all of the financial records and to discuss the information in them as part of their participation in the governance of the Association without having to go to court to do so. Initially, Gaughan sought the financial records to share with NCHA members at the 2008 NCHA Annual Meeting. The Appeals Court took the case without oral arguments and a ruling could be forthcoming in the near future.

Gaughan and her husband Michael own the South Point Hotel, Casino and Equestrian Center in Las Vegas, Nev., and she puts on several NCHA-approved aged events during the year. According to Gaughan, the cutting events have paid out over $14.5 million to NCHA cutters during these events which have been held since 1992.

May 10, 2010
According to a May 5, 2010 article in the Fort Worth Star Telegram, Brown Media Holdings, a Cincinnati-based owner of the Fort Worth Business Press and the Collin County Business Press filed for Chapter 11 bankruptcy, indicating that they owed $94 million to two creditors.

The 90-year-old company owns 18 dailies and 27 weeklies in 10 states. It purchased the Fort Worth publication in September 2007 from Richard Connor, who was the publisher of the Fort Worth Star Telegram from 1986-1997. The company is seeking $2.5 million in financing to keep the publications running until the properties are acquired. The management of the publication are “stalking horse” bidders, meaning they have set a minimum price for the assets of the company.

By Glory Ann Kurtz
April 29, 2010
NCHA ballots for Vice President being mailed; Australian Cutting Futurity won by Corey Holden; Kentucky Derby favorites starting at opposite ends of the gate; Doug Williamson wins NRCHA Hackamore Classic for the second year in a row and Texas tops list of number of Quarter Horses with 461,054.

NCHA BALLOTS BEING MAILED FOR VICE PRESIDENT ELECTION
Ballots are being mailed this week to members of the NCHA so they can vote for a new NCHA Vice President. Their choices include Ernie Beutenmiller Jr. Union, Mo., and Jim Milner, South Lake, Texas. The ballots will be counted and verified on June 8 under the supervision of the accounting firm Whitley Penn. The new Vice President will take office during the 2010 NCHA Convention, June 18-20 in Grapevine, Texas. The Vice President will become President-Elect the following year, and will become NCHA President in 2012. Beutenmiller is a current member of the Board of Directors and Milner is a past President of the Association.

AUSTRALIAN CUTTING FUTURITY WON BY COREY HOLDEN
Corey Holden riding Robert Woodward’s Six Spins, a 2005 stallion sired by Dual Rey out of Triple Spin by Docs Spinifex, won the Australia Armidale Cutting Futurity held Feb. 8 in Armidale, Australia. The pair picked up $3,764 for their 148.5 finals score. The Reserve title, scoring a close 148, went to Frank Green riding Winderadeen Grousekitty, a 2005 daughter of Intricablena out of Winderadeen Scotch Mist by Smart Little Scotty owned by R.& H Williams.

The Non-Pro division was won by Dominic Williams riding Instant Sweet Oak, a 2005 daughter of Instant Dulce out of Oaks Cherie by Docs Freckles Oak, after scoring a 146.5 for $1,900. The Reserve title went to Peter Shumack riding Eye Brows Cat, a 2005 gelding by Rackateer Cat out of Barque Sonitas Miss Doc by Sonitas Rondo, scoring a 146 and earning $1,200.

KENTUCKY DERBY FAVORITES AT OPPOSITE ENDS OF THE STARTING GATE
Don’t miss the 136th running of the Kentucky Derby to be held this Saturday at Churchill Downs. The horses have been drawn for the 20-horse field and the two favorites will start from opposite ends of the starting gate. Lookin At Lucky, the favorite at 3-1, sired by Smart Strike, trained by Bob Baffert and jockeyed by Garrett Gomez claimed the rail in post No. 1. The second favorite, Sidney’s Candy (5-1), sired by Candy Ride, trained by John W. Sadler and ridden by jockey Joseph Talamo drew the outside hole.

DOUG WILLIAMSON WINS NRCHA HACKAMORE CLASSIC SECOND YEAR IN A ROW
Doug Williamson, Bakersfield, Calif., rode his horse Smart Miss Merada, a 2005 daughter of Leo Merada out of Uno Smart Lady by Smart Little Uno, to claim the National Reined Cow Horse Association (NRCHA) Hackamore Classic Championship April 25 in Paso Robles, Calif. The mare, owned by Williamson and his wife, Carol, took home a $14,840 check for earning the title with a 438 composite score, three-and-a-half points ahead of the Reserve Champion Ken Wold.

Williamson, a throat-cancer survivor, is the winner of over $800,000 in cutting, reining and reined cow horse earnings, having won the NRCHA Snaffle Bit Futurity twice, was the 2010 Reserve World’s Greatest Horseman and a 2006 NRCHA Hall of Fame inductee.
Wold marked a 434.5 riding a 2006 stallion Moody Blues Brother (Peptoboonsmal x Lenas Lisette x Doc O’Lena) for owner Mark Nelson – taking home $11,872. Wold also rode the No. 3 horse, Cobys Soula, a 2005 mare by Soula Jule Star out of Coby Jo Chex by Bueno Chex Too, owned by Joe Putnam, to a close 434. The pair earned $9,646.

The Intermediate Open and Limited Open were won by Nick Dowers riding JP Royal Boon, a 2006 gelding by Showstoppin Boon out of Royal Jody Chex by Bueno Chex Jr, owned by Triple D Ranches LLC, earning a total of $5,220. The Classic Non-Pro and Intermediate Non-Pro titles were taken by John Showalter, Fresno, Calif., riding Tangys Classy Chick (P), a 2005 Paint daughter of Tangys Classy Peppy out of Crimson Sassychick (P) by Crimson Three (P). The pair picked up close to $8,000. The Amateur title went to Toni Hagan riding Just Ask Me Nice, a 2005 daughter of Captain Nice out of Missy Dual Master by Dual Peppy, to a 420, earning $1,920.

TEXAS TOPS STATES WITH THE MOST QUARTER HORSES
With a total of 2,758,654 registered Quarter Horses in the United States in 2009, the figure has dropped 62,518 from a year ago. According to the American Quarter Horse Association, new registrations of 93,835 were also down 22,144. Canada also has 240,184 registered Quarter Horses, up 805 from a year ago. Also, Canada had 10,612 new registrations, down 1,984 from a year earlier. Internationally, there are 136,198 registered horses, up 14,606 from a year ago and new registrations for 2009 were up 1,103 to 7,558.

Texas tops the list of Quarter Horses with 461,054, followed by Oklahoma, 188,381; California 136,583; Missouri 107,630; Colorado, 93,958; Montana, 92,572; Kansas 85,183; Nebraska, 84,675, and South Dakota 81,970. Alberta was the leading Canadian province with 106,639 Quarter Horses. Texas also led the list of transfers within the state with a whopping 17,369 out of the 79,416 in-state transfers made nationally. Oklahoma was second with 5,198. Transfers of horses to Texans totaled 6,460 – the highest of any state, and transfers from Texas going out of state totaled 7,376, also the highest of all states.

Internationally, the most Quarter Horses in 2009 were in Mexico with 33,590, up 1,497 from 2008. Mexico also had 1,324 transfers, up seven from the year before. Germany came in second with 32,693 registered Quarter Horses in 2009, up 1,349 from the year before. They also had the most transfers, 1667, down 46 from the year before. Italy had the second most transfers, 1,366, up 222 from 2008. They were also third in the list of Quarter Horses in foreign countries with 21,637, up 780 from 2008.

These figures and many other statistics that were presented at the AQHA Convention will be published in the Quarter Horse Journal.

By Glory Ann Kurtz
April 22, 2010
Bill Underhill, 75, Gainesville, Texas, is spending time at the Denton Hospital following a fall; Benny Tidwell’s funeral to be held Friday, April 23; Nellie Jacobs home from hospital following third operation for a detached retina, and Ocala Breeders Sale ends on high note across the board.

BILL UNDERHILL HOSPITALIZED FOLLOWING FALL
Long-time NCHA member Bill Underhill, 75, Gainesville, Texas, is in a Denton Hospital following a fall at home. According to Bill’s wife, Pat, he fell coming out of the barn and hit the asphalt with his head. “He fought going to the emergency room,” said Pat, but following a CAT scan, they found blood was seeping into his brain. They immediately sent him to John Peter Smith Hospital in Fort Worth, where he was in ICU for over a week before being transferred to the Denton Hospital. She says he will more than likely be in the hospital for at least two more weeks and will then need some skilled nursing and therapy. Send your get-well wishes to Bill at 3511 I-35 South, Gainesville, Texas 76240-9739.

BENNY TIDWELL SERVICES PLANNED FOR FRIDAY, APRIL 23
The funeral services for long-time James “Benny” Tidwell, 62, Appling, Ga., a long-time NCHA member and AAAA judge, will be held on Friday, April 23 at 11 a.m. at the Trinity On The Hill Methodist Church in Augusta, Ga. There will be a reception following the service. Tidwell was murdered during a robbery of his pawnshop, Mo’ Money Jewelry and Pawn Shop, in south Augusta, Ga., on Monday, April 19. A customer who came to do business at the pawn shop found Tidwell on the floor. He had been shot to death. The shooter was caught and arrested the same day after leading investigators to the city’s largest meth lab in a home. Send your condolences to his wife, Susie, at 2628 Dozier Rd., Appling, GA 30802-3062.

NELLIE JACOBS HOME AFTER THIRD OPERATION FOR A DETACHED RETINA
Nellie Jacobs, the wife of Pat Jacobs, just returned home from a third operation for a detached retina. According to Pat, “We only have one good eye between the two of us!” Pat will soon be coming out with a new book and has just ordered a reprint of the book, “Outlaws, Outcasts and Second-Chance Horses,” that he published last year. You can reach Pat or Nellie at 2825 Brookhollow Drive, Burleson, TX 76028-1954 (817) 919-7358 or e-mail at patjacobs@live.com.

OCALA SALES CONCLUDES WITH HIGH NUMBERS
The Ocala Breeders’ Sale Co. Spring sale of 2-year-olds in training ended today with across-the-board increases. After four days of sales, 739 head sold for $20,754,400, up 4.4 percent from 2009’s $19,879,800 for a $28,084 average – up 12.9 percent from last year’s $24,881 and a $20,000 median, up 33.3 percent from last year’s $15,000. The high-selling horse was a filly, bringing a cool half a million. The number of not-sold horses was down 7.5 percent from last year. Also, there were 32 six-figure horses selling this year, compared to 13 in 2009.

According to an article in Thoroughbred Times Today, the final three horses had to be sold in the back chute rather than inside the building after the arena filled with smoke from what appeared to be an electrical or air conditioning system problem.

By Glory Ann Kurtz
April 11, 2010
Orthopedic surgeries on the rise for cutters; Bonanza changes facilities for 2011; Weatherford multi-use facility could be just a dream; Van E Snow, prominent veterinarian dies in private plane crash; Horse Expo Sale scheduled for June 13 in Sacramento, Calif.; High Plains Ranchers & Breeders Sale scheduled for May 1; economic impact of San Angelo, Texas, rodeo tops $30 million and is horse racing in Texas in a critical state?

ORTHOPEDIC SURGERIES ON THE RISE IN CUTTING CIRCLES:
Neck and back surgeries for cutters seem to be on the agenda. The latest is Kay Floyd, Stephenville, Texas, who recently had back surgery in Fort Worth and is currently in therapy. You can send your cards and letters to her at her home, PO Box 733, Stephenville, TX 76401-0733. Kay, the 1988 NCHA World Champion Non-Pro Rider, was also the owner of the legendary sire and broodmare sire Freckles Playboy. Trainer Gary Bellenfant, DeLeon, Texas, is also at home recuperating from back surgery and Jody Galyean still wears a brace from surgery on his neck.

BONANZA CUTTING CHANGES FACILITIES FOR 2011
The Bonanza Cutting will be changing locations for their 2011 event. Word has it that the event will be moving to the Glen Rose facility in February. Their move to Alvarado in 2010 was great for increased entries; however, inclement weather caused problems for cattle and spectators.

WEATHERFORD MULTI-USE FACILITY COULD JUST BE A DREAM
The $1 million price tag for the planned Weatherford, Texas, multi-use facility has reportedly been reduced to $800,000, which may make it impossible to build during the current economy. I will try to keep you up on the progress of this facility.

VAN E. SNOW, PROMINENT VETERINARIAN DIES IN PRIVATE PLANE CRASH
Van E. Snow, 58, a prominent equine veterinarian who was an early pioneer in shock-wave therapy to treat soft tissue injuries and stress fractures in horses, was killed in a private plane crash on Thursday, April 8 in San Diego, Calif., county. According to his sister, Gayle Stevens, Snow was scheduled to compete in an air show this weekend in San Diego County and was practicing flying his experimental Harmon Rocket when it crashed – evidently from a mechanical malfunction.

“He said to me just last week if he ever died flying, he would go doing what he loved,” said Stevens in an article in the Santa Ynez Valley News.

Snow was raised in Glennville, near Bakersfield, Calif., and graduated from UC Davis. He moved to Virginia to specialize in equine medicine and then in the early 1980s moved to the Santa Ynez Valley. He was the brother of Gainesville, Texas, reined cow horse trainer Ron Ralls. A private service is planned for Saturday, April 17. On April 18, a barbecue and celebration of Snow’s life will be held at Santa Lucia Farm, the facility where Snow practiced.

HORSE EXPO SALE TO BE HELD IN SACRAMENTO, CALIF.
On Sunday June 13, 2010, the Horse Expo Sale will be held at the Cal Expo Fairgrounds, in Sacramento, Calif. All horses will preview as they sell. The entry fee will be $400 with 8 percent commission and no buy-back fee. Sellers need not make an advance entry fee payment as all entry fees will be deducted from the sale proceeds. All entries are subject to sifting. Every horse has an online profile including a video and photos. Selling will be show horses, cow horses, ranch horses, pleasure riding horses, rope horses, trail horses and a special draft horse section. Enter online or download an entry form at www.dhauctions.com. E-mail Dave Hammond Auctions at DHAuctions@gmail.com or call 530-677-8956.

HIGH PLAINS RANCHERS & BREEDERS TO HOLD SALE ON MAY 1
The High Plains Ranchers and Breeders Association will hold their 11th Annual Sale at Dalhart, Texas, at 1 p.m. on May 1. Over 90 quality horses will be offered, with a preview held between 10:30 and 12:30 a.m. Offered will be 47 riding geldings and mares, 33 yearlings and 2-year-olds and 12 broodmares. The West Texas ranches represented will include: Bar D Quarter Horses, Hooker, Okla.; Rob A Brown Ranch, Stinnett, Texas; Chisum Ranch, Dalhart, Texas; H Ranch, Channing, Texas; Bailey Patterson, Spearman, Texas; Summers Cattle Co, Dimmitt, Texas; Wing Brothers, Dalhart; Wing Family Q.H., Dalhart; Mike Wing, Dalhart and the Zieman Ranch, Stratford, Texas.

Bid online or watch the sale at www.cattleusa.com. For more information e-mail Kathleen Hill at kathleen@hprba.com or call (806) 674-7337 or 235-3776.

ECONOMIC IMPACT OF SAN ANGELO RODEO MAY SURPASS $30 MILLION
Estimates for the economic impact to the San Angelo, Texas, metro area from this year’s San Angelo Stock Show & Rodeo are expected to surpass $30 million. The 10-day event in February drew a record number of stock show entries – nearly 10,300 – and had what is believed to be the largest field of rodeo competitors this season for a PRCA rodeo, said Justin Jonas, executive director of the San Angelo Stock Show & Rodeo Association.

“There’s no doubt we should be able to hit $30 million impact,” Jonas said. “Last year we were at $26 million, and attendance for the events only grew.”

Jonas said there has been an upward trend of the economic impact to the city since 2007 because of the passing of the half-cent sales tax in 2004. The new buildings near the San Angelo Coliseum have allowed the stock show to increase its numbers, rivaling entry numbers from San Antonio and Houston – two of the biggest stock shows in the nation.

IS HORSE RACING IN TEXAS IN A "CRITICAL" STATE
With Lone Star Race Track in Grand Prairie, Texas, celebrating their spring opening on April 8, in an article published in the Fort Worth Star Telegram, race writer Gary West said, "With the exodus of horses and horsemen pursuing higher purses in neighboring states, Texas racetracks have seen their handle and attendance decline dramatically in recent years, along with the quality of their racing. The inaugural Lone Star Derby and Texas Mile held at Lone Star Park both offered a purse of $250,000. The purse for both this year will be $200,000. The track opened in 1997 with an average daily purse of $150,000 and purses approached $250,000 by 2001. Today's purses hope to reach $150,000 a day."

With the current trend, West asks "How can this trend be turned around?" West also noted that according to the Jockey Club, from 1998 to 2008, the number of Thoroughbreds foaled or born in Texas dropped more than 48 percent. During the same period, the foal crop in Louisiana increased 106 percent and in New Mexico 150 percent. Lone Star celebrated their opening on April 8. West blames Texas lawmakers’ lack of knowledge or disinterest in the economic impact of the horse industry.

By Glory Ann Kurtz
April 5, 2010
Dualin Blue and Roger Wagner top NCHA Super Stakes Open semifinals; Super Stakes Sale numbers light; numbers hold their own at Fasig-Tipton Texas 2-year-old Sale, and World Champion Steer Wrestler Lee Graves sidelined from surgery.

DUALIN BLUE AND ROGER WAGNER TOP NCHA SUPER STAKES SEMIS

Roger Wagner rode Dualin Blue to the high-score in the NCHA Super Stakes Open semifinals.

Scoring a 221, Dualin Blue and Roger Wagner topped the 22 horses headed to the finals of the NCHA Open Super Stakes. The finals of both the Open Super Stakes and Open Super Stakes Classic will be held this afternoon at 2 p.m.

Dualin Blue, a daughter of Dualin Jewels out of the great mare Quintan Blue by Mecom Blue is owned by Jon Winkelried’s Marvine Ranch, Meeker, Colo., and Weatherford, Texas. The pair had scored a modest 215 in the first go-round and a 216 in the second, for a total of 431. It took a 430 to qualify for the semifinals.

The second high score of 220.5 was obtained by two contestants: Boyd Rice riding Boonie Tunes (Peptoboonsmal x Shiney Tari), owned by Danny Poole, Texline, Texas, and Matt Gaines riding Special Nu Baby (Dual Rey x Nu I Wood), owned by Gary and Shannon Barker, Madill, Okla. Boyd’s son Tatum scored a 219, tying for fourth and fifth riding Shes Twice As Smooth (Smooth As A Cat x Dually Lil Pep), owned by Jennifer and Jeff Foland, Weatherford, Texas. He tied with Lee Francois riding Reys Desire (Dual Rey x Playguns Desire), owned by H. B. (Woody) Bartlett DVM, Pike Road, Ala.
Click here for Open semis results>>

NCHA SUPER STAKES SALE NUMBERS LIGHT – BOTH IN NUMBER OF BUYERS AND MONEY SPENT
While the results have not all been posted, the NCHA Super Stakes Sales held Friday and Saturday, were light on buyers – and in the money they spent for horses. Figures for the two sessions held on Friday showed 60 percent of the 157-consigned horses sold for a $5,600 average. Results will be posted as soon as they are posted by Western Bloodstock. Go to their web site at www.westernbloodstock.com.

NUMBERS HOLD OWN AT FASIG-TIPTON 2-YEAR-OLD SALE
This year’s figures at the Fasig-Tipton Texas 2-Year-Old in training sale held Tuesday, March 30. With 192 offered, a39 sold for $2,371,900, down only 4.2 percent from 2009. The average was $17,064, down .8 percent from 2009’s $17,201 and the median was up 8.8 percent – from $9,650 last year to $10,500 this year. Also, Texas-bred horses held their own against the Louisiana-bred horses.

WORLD CHAMPION STEER WRESTLER SIDELINED FOR 3-6 MONTHS
Two-time reigning World Champion Steer Wrestler Lee Graves underwent surgery March 23 to repair a torn bicep tendon in his left arm and is expected to be sidelined three to six months. Graves, Alberta, Canada, suffered the injury during Super Series competition at RodeoHouston, but chose not to withdraw. He had a time of 9.1 seconds in the semifinals round after breaking the barrier and failed to post a time in the Wild Card round. Two years ago, he was out of action for eight months recovering from surgery to repair a torn patella tendon in his right knee, but he came back last year to edge out Luke Branquinho for the World title. Graves is currently 17th in the current PRCA standings.

By Glory Ann Kurtz
March 26, 2010
Correction on High Brow Cat’s breeding status; has the NCHA Super Stakes gone to the dogs?; investors purchase Polo Ranch – David Hartman, DVM, will work out of the facility and Dustan and Maria Horne, Weatherford, Texas have twin girls

HIGH BROW CAT DEEMED INFERTILE CORRECTION
In the March 20 Today’s News, I published that according to a letter from Jack and Susan Waggoner to clients and mare owners, High Brow Cat - the industry’s leading stallion - was diagnosed with “age-related testicular degeneration at the beginning of the breeding season. The Waggoners went on to say that they have a good supply of frozen semen which will be used to breed mares and he should remain cryogenically fertile for years to come. Mares will be inseminated using the “post-ovulation low-dose, deep-horn insemination” method, which involves using only a small amount of semen injected into the mare’s uterine horn. This is the method currently being used for the frozen semen.

I went on to say that the cost is currently $4,500 which was misleading, and for that I apologize. That $4,500 cost would be for ICSI semen straws allowing for Intracellular Sperm Injection, which was also mentioned in the letter. According to Waggoner, they have enough of High Brow Cat’s frozen semen to last for four or five years and enough ICSI doses to last 20 years – and, according to Waggoner, by that time, the cost to breed with ICSI doses should be closer to $500 rather than the $4,500 it currently costs. .

HAS THE NCHA SUPER STAKES GONE TO THE DOGS?
Due to a schedule conflict, the NCHA Super Stakes began today, March 26, without exhibitors in the exhibit hall. Instead the Fort Worth Kennel Club’s 105th all-breed competition will be held there. The show began today with 1,800 dogs and Saturday and Sunday, more than 2,400 dogs will be entered each day, representing160 breeds. NCHA Super Stakes exhibitors will be opening their booths on April 1.The event will continue through April 16.

INVESTORS PURCHASE POLO RANCH:
According to David Hartman, DVM, the old Polo Ranch breeding facility has been purchased by a couple of investors and he will be working out of that ranch following the closing of the transaction. Hartman is currently standing five stallions at his breeding facility in Whitesboro, Texas, which he will also be keeping. The stallions he is standing include CD Olena, a 1991 son of Doc O’Lena out of CD Chica San Badger by Peppy San Badger, that he has leased from the Bar H Ranche, Dual Pep, Smart Mate, Boon A Little and Dulces Smart Lena. You can reach Hartman at 903-564-3200 or e-mail him at www.equinefertilitycenter.com.

DUSTAN AND MARIA HORNE HAVE TWINS
Dustan and Maria Horne, Weatherford, Texas, recently had twins – born on two different days! One was born on Thursday, March 18 and the other Friday, March 19. Beth came in at 5.8 pounds and is was 18 inches long. Katie weighed 6.4 pounds and was 18.5 inches long. Dustan, continues to work for Steve and Michelle Anderson, Weatherford, Texas, and is now training outside horses of all ages, as well as a helping a few Non-Pros and Amateurs. Send your congratulations to Dustan and Maria at 344 Carter Ranch Tr, Weatherford, Texas 76086 or you can contact Dustan at (817) 304-2732 or e-mail him at DmHorne1@aol.com.

By Glory Ann Kurtz
March 20, 2010
The Marketplace Sale, featuring 206 consignments will start at 9 a.m., Saturday, March 27; High Brow Cat deemed infertile in letter to mare owners; CD Olena leased by David Hartman, DVM, Whitesboro, Texas and Jeff Matthews and Sheri Forrest to wed in Weatherford, Texas on June 25.

MARKET PLACE SALE OFFERS 206 CONSIGNMENTS; 100 ON CATTLE
The Marketplace At Ardmore sale will be held next Saturday, March 27, starting at 9 a.m. at the Hardy Murphy Coliseum in Ardmore, Okla. The sale will include 206 head of top cutting- and performance-bred horses, with at least 100 being exhibited on cattle.

Highlights will include a 20-head production sale from Bill and Jo Ellards EE Ranches of Texas. Three of the consignments are geldings, with one being eligible for the $100,000 Gelding Incentive for the 2010 NCHA Futurity and two for the 2011 Incentive. The money is paid out to offspring entered in the NCHA Futurity sired by Cat Ichi, DJ Tracker, Dual Rey, Duals Blue Boon, Freckles Fancy Twist, High Brow Cougar, Lizzys Gotta Player, Nitas Wood, Power Proof and Starlights Gypsy in the Non-Pro, Limited Non-Pro and Amateur divisions. Unfortunately, on March 16, Bill Ellard passed away at his home following a long battle with cancer. Click here for more information about Bill Ellard>>

Managed by Susie Reed and with Don Green and Steve Friskup, the sale promises to be fast-moving with some of the industry’s best-bred horses, including offspring of High Brow Cat, Dual Rey, Peptoboonsmal, One Time Pepto, Smart Little Lena, Smooth As A Cat, Grays Starlight, Dual Pep, Freckles Playboy, Peppy San Badger, Playgun, Spots Hot, Soula Jule Star, and many more. Other consignments include 16 from Don and McSherry Weber, 8 from Gary and Renee Lord, 7 from Western States Ranches and many more.

This may be the time to buy, since according to a recent article in Thoroughbred Times Today, after two years of major losses, yearling-to-juvenile pinhookers have a chance at making a profit this year. Pinhookers, who buy horses as yearlings and sell them as 2-year-olds, posted an $8.7 million profit as the average price rose 7.6 percent at the first three sales of the year. Historically, the cutting industry horse sales have closely followed behind the Thoroughbred sale market. The next Marketplace sale is scheduled for Nov. 6 at the same location.
Click here for a copy of the sale catalog>>

HIGH BROW CAT DEEMED INFERTILE IN LETTER TO BREEDERS
According to a letter from Jack and Susan Waggoner to clients and mare owners, High Brow Cat - the industry’s leading stallion - was diagnosed with “age-related testicular degeneration at the beginning of the breeding season. The Waggoners went on to say that they have a good supply of frozen semen which will be used to breed mares and he should remain cryogenically fertile for years to come. Mares will be inseminated using the “post-ovulation low-dose, deep-horn insemination” method, which involves using only a small amount of semen injected into the mare’s uterine horn. The cost is currently $4,500.

CD OLENA LEASED BY DAVID HARTMAN
CD Olena, the 1991 son of Doc O’Lena out of CD Chica San Badger by Peppy San Badger, has been leased by David Hartman, DVM, from the Bar H Ranche. The winner of the 1994 NCHA Futurity, 1995 NCHA Derby and 1995 NCHA Horse of the Year, is the No. 4 leading sire of NCHA cutting horses, with offspring winning over $14.2 million. He is standing for a $6,000 stud fee, with a $600 chute fee and shipped semen is available. Also standing at Hartman’s breeding facility on Highway 377 in Whitesboro, Texas, is Dual Pep, Smart Mate, Boon A Little and Dulces Smart Lena. You can reach Hartman at 903-564-3200 or e-mail him at www.equinefertilitycenter.com.

JEFF MATTHEWS AND SHERI FORREST TO WED
Jeff Matthews, Warsaw, N.C., the owner of Matthews Cutting Horses and the industry’s popular up-and-coming stallion – One Time Soon – will be tying the knot with Sheri Forrest, Gold River, Calif., at Matthews’ Weatherford, Texas, ranch on June 25, 2010.

By Glory Ann Kurtz
March 16, 2010
In memory of Glenna Smith, Houston, Texas, Bobby Ezell, Loranger, La., and Dale Wilkinson, Waynesboro, Ga.; the winners of the Cattlemen's Derby/Classic-Challenge and the to-date champions at the Eastern Nationals.

GLENNA SMITH PASSES AWAY FROM SWINE FLU
Glenna Smith, 68, Houston, Texas, passed away on March 14 following a hard-fought and courageous battle with Swine Flu. Glenna was married for 49 years and nine months to Steve Smith and both of them showed cutting horses and were involved with the National Cutting Horse Association. Several years ago, Steve was chairman of the Finance Committee.

Glenna was born to Idell and Wallace McKee and raised in Coleman, Texas, where she met Steve. She was preceded in death by her father, Wallace, and brother, Gwin Mckee.

She is survived by her husband, mother, Idell; son Terry Smith and children; son Jeff Smith and daughter-in-law and their children. She is also survived by her sister, Kay and John Bitter, and brother, Jerry McKee and his wife; as well as brother-in-law, Jim and Jare Smith.

Visitation will be from 6-8 p.m., Tuesday, March 16, at Geo H Lewis and Sons, 1010 Bering Drive, Houston. The memorial service will be held at 10:15 a.m. on Wednesday, March 17 in the Sanctuary of the First Presbyterian Church, 5300 Main Street, Houston. Following the service, there will be a reception in an adjacent venue at the church.

In lieu of flowers, the family suggests charitable donations be directed to the Assistance League of Houston, 1902 Commonwealth, Houston, TX 77006-1836; the Juvenile Diabetes Research Foundation, Houston Gulf Coast Chapter, 2425 Fountainview, Suite 280, Houston, TX 77075; MD Anderson Cancer Center, PO Box 4486, Houston, TX 77210-4486 or the charity of one’s choice. Send cards to Steve Smith, 2638 Sutton Ct., Houston, TX 77027.

BOBBY EZELL VICTIM OF ONE-CAR ACCIDENT
Robert (Bobby) Claude Ezell, 66, Loranger, La., passed away Wednesday, March 10, following a one-car accident. A member of the NCHA for many years, he will be missed by all who knew him. He is survived by his wife, Sandra Ezell and two children: Vickey Ezell Krantz and Ty Ezell.

Services will be held on Monday, March 15, at the Resthaven Gardens of Memory & Funeral Home, 11817 Jefferson Highway, Baton Rouge, LA 70816. Visitation will be held at 9 a.m., following by the services at 11 a.m. Send your cards and letters to: Mrs. Sandra Ezell, 51703 Allen Drive, Loranger, LA 70446.

DALE WILKINSON, 1972 NCHA FUTURITY CHAMPION, DIES AT 84
Dale Wilkinson, 84, Waynesboro, Ga., passed away last week at Doctors Hospital, Augusta, Ga., only days after a March 4 surgery from a fall he took at home. Wilkinson is better known as a reiner, as he was instrumental in the formation of the National Reining Horse Association in 1966. However, he won the 1972 NCHA Futurity aboard Gun Smoke’s Dream (Mr Gun Smoke x Lady Badger 71 x Grey Badger III), as well as the 1966 and 1975 NRHA Futurity.

He was inducted into the NCHA Members Hall of Fame, the AQHA Hall of Fame and the NRHA Hall of Fame. He was also instrumental in the formation of the equestrian program at the University of Findlay, Findlay, Ohio. Visitation will be Tuesday, March 16 in Waynesboro, Ga., from 5-7 p.m. at Joiner, Anderson, Saxon Funeral Home, 220 East 6th Street. The main funeral service will take place at 7 p.m. Another service will be held at the University of Findlay on Saturday, April 17.

CATTLEMENS SHOW COMPLETED

Ashley Flynn rode Financial Sugar to the Non-Pro division of the Cattlemens Classic.

The new cutting aged event, the Cattlemens Derby & Classic/Challenge, held in Graham, Texas, finished up Sunday, March 14. Ashley Flynn, wife of trainer Sean Flynn, Weatherford, Texas, won the 54-entry Non-Pro Classic Finals riding Financial Sugar. The pair scored a 218.5, winning $12,465.96. The Reserve title and $11,332.69 went to Adan Banuelos, Jacksboro, Texas, riding Purr N Like Magic, with a 218 score.

Dustin Adams won the Non-Pro Derby riding KR Winston.

Dustin Adams, Dublin, Texas, captured the 39-entry 4-Year-Old Derby Non-Pro title riding KR Winston. The pair scored a 219, collecting $12,464.57. Brazilian Armando Costa Filho tied himself for the Reserve title riding Arosesuchaclatter and Miss N Wood to a 212. He collected $10,127.47 on each horse.

Renee Lord, Granbury, Texas, rode Playful Sansallyboon to the championship of the 32-entry Amateur Derby finals, scoring a 216 for $3,755.24. Reserve was Jose Sigala, Weatherford, Texas, was Reserve riding Sofie Rey to a 214.5. The pair won $3,218.78. Julie Jarma, Prosper, Texas, won the 43-entry Classic Amateur Finals riding Short Scootin to a 219, collecting $3,880.49. The Reserve title was split between Sandy Barrio, Miami, Fla., riding Hunten Blue and Viki Williamson, Argyle, riding Meradas Gotta Gun. Both scored a 215 and collected $3,233.74.
Click here for the Cattlemens results>>

CLASS WINNERS FROM EASTERN NATIONALS:
A Track Runs Thru It (DJ Tracker x Royal Replay) owned by Terry Pigg, Collinsville, Ala., and ridden by Brett Davis, won the Open Division at the NCHA Eastern Nationals, taking place in Jackson, Miss., through March 20. The pair scored a 222. The Reserve title went to Eddie Braxton riding Oh Cay Starlight (Grays Starlight x Meradas Oh Cay) owned by Susan Dunne, Clinton, N.C. Braxton also won the $3,000 Novice Division riding Mississippi Cat for Vick Etheridge, Corinth, Ms.

Third place went to the team of Sam Shepard and Dees Mr Charles, (Its Just About Me x Dees Dually x Dual Pep) owned by Edley and Sue Hixson, Deridder, La. The pair scored a 217 in the Open; however, a 221.5 scored by the pair in the $10,000 Novice Horse Division.
Click here for Open results>>

The $2,000 Limited Rider division was won by Scott Chartier, scoring a 217.5 on Wild Start, owned by Randy and Kelle Chartier, Cottrellville, Mich. The Reserve title went to Jamie Moore, Saint George, S.C., riding BSR Cat, with a 216.5 score.
Click here for $2,000 results>>

The Junior Youth was taken by Matthew Dedden, Burlington, Ky., riding A Cat Named Sue (High Brow Cat x Merada Hickory Sue) to a 223. Second, with a 216, was Garrett Hampton, Rogersville, Mo., riding Duallys Drifter (Dual Pep x Lenaetta).
Click here for Junior Youth results>>

The Senior Youth was won by Cody Hedlund, Weatherford, Texas, scoring a 223 riding CD Boonsmal owned by Ray Baldwin, Weatherford, Texas. Reserve was Cheyenne Johnson, Pine Level, Ala., with a 217.5 riding Freckles Blue Jewel (Duals Blue Boon x Freckles Peppy Belle). The event continues through Saturday, March 20.
Click here for Senior Youth results>>

STUD BOOK & REGISTRATION COMMITTEE HAS FINAL WORD ON REGISTRATION OF AQHA HORSES

By Glory Ann Kurtz
March 10, 2010
Many individuals are thinking that the recent decision by the AQHA Stud Book & Registration Committee to not register cloned horses, has to go by the Executive Committee to be official.

However, this is not the case and has not been the case for as long as I can remember. In the Bylaws of the AQHA, on Page 22, Section 6 of the AQHA Rulebook states: "All powers of the Board of Directors, EXCEPT the power to change any Bylaws AND ANY RULES AND REGULATIONS PERTAINING TO REGISTRATION OF HORSES, be and are vested in the Executive Committee."
Click here for Corporation Bylaws of the AQHA>>

By Glory Ann Kurtz
March 8, 2010
Three major events are being held this week, including two aged events and the NCHA Eastern Nationals. Also Keeneland is revamping the world's largest yearling sale held 15 days - Sept. 12-26 and John Mitchell holds cutting clinic in Temecula, Calif.

The PCCHA Derby/Classic/Challenge started yesterday, March 7, and will continue through March 13 in Paso Robles, Calif. The event features $106,000 in added money and besides the aged events will include NCHA Open, Non-Pro, Amateur and Youth classes, as well as a Roo-Hide Ranch Cutting, Invitational Stick Horse Cutting and a Trainers Party with a Youth Auction. The event started yesterday with the 8-entry NCHA Open Cutting won by Gavin Jordan aboard Tachitas Cat, onwed by Margot Hazell, Livermore, Calif. The pair scored a 220 and picked up $1,615.20. The Reserve title was Todd Bimat, Orland, Calif., riding Royally Smart Cat, owned by Jerry Erwin, Ridgefield, Wash., to a 219 for $1,076.80.

The first go-round of the 44-entry Open Classic/Challenge was topped with a 220 scored by Russ Westfall riding High Style Royal for Tag Chapman. Tim Smith finished second with a 219 riding Stylin Roxy, owned by Jim and Patsy Chamberlain.

In the 36-entry $35,000 Non-Pro, Georgeanne Siegfriend rode Notice My Date to the championship with a 215, collecting $710.64, while Bernit Talbot, Wilton, Calif., rode Smart Little Norman to a 213 for $583.74.

In the 35-entry $15,000 Amateur, Ross Hall, Corcoran, Calif., rode Catsablackboon to a 215.5 and the first-place check of $690.90. Second went to Cassandra Biller, Tulare, Calif., riding Little Larry DNA to a 215 and $567.52.Today the first go-round of the 66-entry Open Derby is currently in progress, along with the second go of the Open Classic Challenge.
Click here for PCCHA schedule & results>>

The Cattlemens Derby & Classic, is a new event starting today and being held until March 16 in Graham, Texas. With $115,000 in added money, the aged event sponsored by Ping Gough, Jeff Gough, Henry Pickett II and Patt Fasano will be held until next Tuesday. Show secretary is Donna Bachand. The event starts out today with the first go-round of the 69-entry 5/6-Year-Old Open today. The second go will be held tomorrow morning, along with the first go-round of the 80-entry Open 4-Year-Old.
Click here for Cattlemens schedule & results>>

The NCHA Eastern National Championships in Jackson, Miss., starts today with a 120-entry $10,000 Novice Horse class. Tomorrow will start out with the 108-entry $3,000 Novice class, followed by the Taste of Mississippi party at 7 p.m.
Click here for Eastern Nat'ls schedule & Results>>

KEENELAND REVAMPS THE WORLD'S LARGEST YEARLING SALE
In an effort to serve its consignors and buyers better, the Keeneland Association has revamped the world's largest yearling sale, a 15-day sale scheduled for Sept. 12-26. The sale will offer 1,500 yearlings during the first week of the sale, offering fewer yearlings on average each day in an effort to be "more relaxed."

According to an article in Thoroughbred Times Today, Book 1 will include 200 yearlings that will be spread over Sunday and Monday night sessions, with about 100 offered each night. Book 2 will run Tuesday through Friday with 1,300 yearlings averaging 325 per day - down from the 400 per day offered the past few years.

Officials hope the new format will create more stability, continuity and excitement within the Thoroughbred marketplace as economic conditions continue to rebound domestically and internationally.

JOHN MITCHELL CLINIC SCHEDULED FOR APRIL 24-15
Top cutter, John Mitchell, resident trainer at the Slate River Ranch in Weatherford, Texas, will be holding a cutting clinic April 24-25 at the Casner Ranch, Temecula, Calif. Mitchell recently finished 1st, 2nd, 3rd, 6th and 7th Feb. 3 in the 5/6-Year-Old finals at Tunica, Miss. There will be fresh cattle each day. Cost is $1,200 per rider and $50 per day for obsdrvers. Call (951) 852-1945 or e-mail Lois at lois.horseshow@verizon.net.

STUD BOOK & REGISTRATION COMMITTEE WILL DISCUSS AMENDING REGISTRATION RULES ON SATURDAY AND SUNDAY, MARCH 6-7 DURING CONVENTION IN KISSIMMEE, FLA.

By Glory Ann Kurtz
March 5, 2010
On Saturday and Sunday, March 6-7, the Stud Book & Registration Committee of the AQHA will discuss information provided by the cloning task force in regard to amending Rule 227(a), which prohibits the registration of horses produced by any cloning process. The meeting will take place during the 2010 AQHA Convention being held March 5-8 in Kissimmee, Fla.

The suggested amendment would allow for the registration of clones by somatic cell nuclear transfer (SCNT). According to Wikipedia, SCNT is a laboratory technique for creating a colonial embryo using an ovum with a donor nucleus. It can be used in therapeutic cloning (regenerative medicine) or it is used as the first step in the process of reproductive cloning.

The subject of cloning horses is very controversial among AQHA members for many reasons. Those opposed to cloning saying that a clone is not an identical copy of the original due to mitochondrial DNA that is passed through the oocyte (unfertilized egg) that comes from the donor mare.

Cloned females will pass on to their offspring the mitrochondrial DNA of the egg used in the cloning process, but the cloned males do not. This is because when a stallion sires a foal, his sperm mitochondria are eliminated and the foal only has the mitochondria from the egg of its dam – which in some cases could be an unknown mare from a slaughterhouse.

According to a recent guest editorial from Lee A Bulla Jr., PhD, a professor of molecular biology at the University of Texas at Dallas in the Quarter Horse News. “A clone is not an exact duplicate of the original and “lies in the capacity of certain nuclear genes transferred by SCNT to be normally activated or expressed. In normal development for some genes, one copy is turned off, depending upon which parent transmits it – which is called genomic imprinting.

It genetically marks the DNA from the sire and the dam so that only one copy of a gene is turned on. In SCNT, genese in a donor nucleus skip passing through a sperm or egg and thus are not imprinted. Therefore, this often leads to abnormalities and disorders resulting from changes in the normal activation and expression of certain embryonic genes.”
Click here for a copy of the QHN article>>

Dr. George E. Seidel, Jr., associated with Animal Reproduction and Biotechnology Lab Colorado State University in Fort Collins, Colo., who also published a paper also agrees that Dr. Bulla’s article “is well written and describes many of the reasons that clones are not phenotypically identical with the original and why clonemates will not be identical with each other and sometimes have abnormalities. He continued that many of the mechanisms causing dissimilarity are similar to the causes of differences between identical twins.
Click here for Seidel's paper>>

Some members argue that this compromises the purity of the AQHA breed. At the very least, they contend that if registration of clones is approved, the source of both the mitochondrial DNA from the oocyte (dam) and the sire be registered American Quarter Horses – and that the lineage of the oocyte donor be recorded.on the registration papers. They contend that the only way to get a true “clone”, as far as DNA is concerned, is to take an oocyte from the same maternal line as the nuclear DNA donor (ie) the dam or a sister on the maternal side. ;

However, owners of highly successful cloned cutting horses keep pushing for their registration. According to an article “Pure Genetics” published in the February 2009 issue of the Quarter Horse Journal, AQHA Professional Horseman Jason Martin says, “It’s coming whether we’re ready or not.”

Several well-known cutting horses were cloned in 2006, including Doc’s Serendipity,. The 1977 NCHA Futurity Reserve Champion cloned in 2006 by David Brown; five clones of NCHA Triple Crown Champion and leading sire Smart Little Lena, cloned by the Smart Little Lena Syndicate; Royal Blue Boon, the all-time leading NCHA dam, by Elaine Hall; Playboys Ruby, earner of $262,441, by Waco Bend Ranch; Tap O Lena, NCHA earner of $450,639, by Phil Rapp; and Gills Bay Boy “Scamper,” a top barrel racing gelding owned by WPRA World Champion Charmayne James.

In 2007, Lynx Melody, the winner of the 1978 NCHA Futurity, by Gregg Veneklasen DVM and Jason Abraham and two clones of Jae Bar Fletch, NCHA Hall of Fame stallion owned by Ernest Cannon.

But not all of the clones worked, as Lindy Burch, Weatherford, Texas, attempted to clone her 2000 NCHA Futurity winner Bet Yer Blue Boons. Two clones were born in 2006; however, one was born with an enlarged umbilicus that hemorrhaged and the other “had all kinds of things going wrong” and was euthanized at approximately 30 days.”

One of the main points Dr. Bulla makes is that information available suggests that the offspring of clones do not have such problems, correcting themselves in the next generation.

While the clone of Doc’s Serendipity was in training for the NCHA Futurity, but had soundness issues, she has a foal by High Brow Cat. Currently there are three clones standing at stud: “Clayton,” the clone of Charmayne James great barrel racing gelding Gills Bay Boy, nicknamed Scamper; and Dave and Eli, two of the clones of Smart Little Lena.

All three are standing at Joe Landers Stallion Station in Weatherford, Texas. According to Lander’s office, the breeding price for Clayton is $4,000 with consideration given to certain mares. The fees for Dave and Eli are determined by the Smart Little Lena Clone Syndicate and will more than likely depend on the mares being bred. As far as Landers knows, those three are the only cloned stallions standing at stud.

Asked if he has had a lot of interest by mare owners, Landers said “a little … but we’re living in different times right now.”

Nena Winand, DVM of Cornell University, who discovered the HERDA gene, is opposed to cloning because “We don’t really know the full effects of cloning right now; we don’t know if we’re introducing mutations (into clones). .But she feels cloning amplifies an individual’s impact on a gene pool – and not always in a good way.

“I think it is useful to look at whether or not the expansion of an individual’s bloodline is causing the emergence of recessive traits and economic loss resulting from that. “ She was referring to such undesirable recessive traits such as HERDA, mutations, which have caused significant economic loss for breeders of affected cutting horses that come from the Poco Bueno line. “If a population of horses is already in danger of being genetically ‘bottle-necked’ with certain bloodlines, clones could further that problem,” said Winand.

Several Quarter Horse breeders are opposed to allowing clones to be registered by the AQHA, including past AQHA Presidents Steve Stevens and Frank Merrill and legendary breeder Carol Harris, Reddick, Fla. However, Stevens will not be at this year’s Convention and Stud Book & Registration meeting due to being hospitalized with a severe heart attack and Harris is in rehab from an automobile accident.

ViaGen Inc., Austin, Texas, is the only commercial entity offering horse cloning and charges $150,000 for one clone. To help with identification, the company has offered to microchip clones to differentiate them from the original (or each other) before it leaves the company’s care, or there is a possibility they could use iris scan technology to identify them. However, the AQHA article says there are some unresolved issues when it comes to verifying whether a particular offspring was sired by the original donor stallion or a clone of that stallion.

This could be a problem with the Smart Little Lena clones as they are currently standing at stud. It won’t be a problem with Scamper, in that he is a gelding and his clone, “Clayton,” is a stallion

Gary Griffith, AQHA executive director of registration, in the AQHA Journal article said, “While I understand that a more advanced DNA test could be used to differentiate the offspring of a cloned mare and the original donor mare because of different mitochondrial DNA, the same is not true for stallions. Likewise if a stallion was cloned twice, we are currently unable to verify whether a particular foal was sired by a clone stallion No. 1 or cloned stallion No. 2. This not only creates issues with respect to maintaining lineage records, but also potentially creates issues with respect to race, show, produce and get records being attributed to an incorrect parent.

During 2008, the NCHA became the first organization to allow cloned horses to compete in aged events. NCHA member and attorney Lew Stevens recommended the association adopt a policy to allow clones to compete since the association was a performance horse association, not a breed association.
Click here for Pure Genetics published by the AQHA>>

However, the only clone shown to date in NCHA competition is Ruby Too, a 4-year-old clone of Playboys Ruby, a 1987 daughter of Freckles Playboy out of Lenachick by Doc O’Lena. Playboys Ruby has earned $268,441 and has produced 12 offspring earning over $1.6 million. The clone, Ruby Too, is owned by the Waco Bend Ranch, Graham, Texas. According to her owner, Ray Baldwin, when Waco Bend Ranch purchased Playboys Ruby, the clone came with her.

Baldwin rode the mare in the first round of the Augusta Non-Pro Futurity, marking a 207 – bettering her 203 score in the first go-round of the Open with Turner West, an assistant trainer for Phil Rapp, in the saddle. West had also shown her during her first outing at a weekend show at Silverado, making a 70. The horse did not make the finals in either division. According to Baldwin, If the mare doesn’t show some good potential, plans are to breed her in the spring.

Click here for the AQHA Convention schedule>>
Click here for the agenda for the Stud Book & Registration Committee>

Feb. 24, 2009
Black Rock's Grant Setnicka wins first go-round of South Point Winter Show Derby and Classic/Challenge; three tie following first go-round of the new Arbuckle Mountain Futurity, entries at Eastern Nationals break records and some are questioning if the Triple Crown of Thoroughbred racing will survive.

BLACK ROCK'S GRANT SETNICKA SWEEPS FIRST GO OF SOUTH POINT DERBY & CLASSIC/CHALLENGE
Grant Setnicka, the resident trainer of Marhsall Chesrown's Black Rock Ranch won the first go-round of the 70-entry South Point Derby, as well as the 35-entry $10,000 Ltd Horse, riding Widows Peak. He topped it off with the first-place paycheck in the first go-round of the 55-entry Open Classic/Challenge