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PostPosted: Wed Nov 04, 2015 12:14 pm 
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Patuxet wrote:

Hi Patuxet,
LOL....this gets better and better. The story now strays to defending Wohlers...and bashing Borell. Bottom line is Matress Mac has no written agreement with Borell and who's to know who is telling the truth. She is owed 10% of the purses Runhappy earned by basic racetrack protocol and without a written agreement she will get that in a court of law. Think about it, she was the one who nursed the horse back to health. Runhappy had won $14,400 when Wohlers was listed as trainer...in Borell's hands he is undefeated in 5 starts and won 2 GR I races and will undoubtedly be awarded the eclipse award for best American Sprinter. That makes the horse worth no less than 10 million. He earned over a million in Maria's hands and this guy doesn't want to send her on her way with a lousy $120,000....not to mention how the value of the horse increased while she was trainer....most owners give at least a yearly breeding share to trainers that do that for their horse. I don't care if she never laid a hand on the horse....her license was used and she was there everyday with the horse 24/7. That in itself is worth the 10% she deserves. This story you posted http://www.paulickreport.com/news/ray-s ... the-money/ ) in my opinion may be closer to the truth. Wohlers was getting involved more and more after he won the Kings Bishop and no one can tell me Wohlers wasn't trying to get the horse back since then. The horse wins the Kings Bishop and Wohlers then wants to make changes in the horses equipment and feeding schedule....(no true horseman/woman would change a thing after his Kings Bishop win). Borell was also up front with KY Racing Commission about her falling in arrears with her rent. Her boarders weren't paying her and that's why she fell behind. I am sure the KY Race Comm. will be right there when this financial dispute is settled and the adjudications will be paid in full. It was a condition made by the KRC in her being issued her KY. trainers license. So they knew all about what was going on with her financial straits so all the chatter on the internet won't hurt her (which is what Mattress man wants) because the Ky. Race Comm was well aware of the entire situation. If she wasn't up front....then she would be in real trouble and her license could be in jeopardy.
Bottom line, she's been fired because they want to keep the 10% in the family and aren't willing to pay this girl, who they kicked to the curb, a tiny pitance of what she earned with Runhappy while in her name. When she got him he was a horse with potential coming back off a fractured leg (worth maybe $100,000 if he vetted out and worth the risk it wouldn't happen again), when they fired her he is worth a small fortune and she will never see a penny of the increase in value of the horse done while in her hands. I think Mattress Mac would be wise to give her the 10% of the purses only, before that lawyer of Borell's gets mad and goes after the market value of the horse before and after Borell had him. On sales of these types, the trainer is generally given 1-3 percent of the increase in value and Mac has him valued at $50,000,000 (his words in the article).....at 1% of that is a $1/2 million she could be entitled to upon his sale or entering a stud deal? No doubt the lawyer will be using that point as leverage to get Borell's money. TJ


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PostPosted: Thu Nov 05, 2015 9:31 am 
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MurphysMom, totally agree... I read somewhere that he even sued Bob Baffert back in 2006. I'm surprised any trainer wants to have anything to do with him, considering the hiring/firing history. My heart hurts for Runhappy... the sister-in-law sounds like an @ssclown trainer. Even if there WASN'T fluid... who doesn't give a horse rest the day after a race??

I think you hit the nail on the head... as my friend is fond of saying, "too many hens in the henhouse".

What a sh*tshow.


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PostPosted: Thu Nov 05, 2015 8:04 pm 
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There's only one thing worse than a bad loser and that's a bad winner! I only feel for that poor horse the rest of them can burn. Runhappy will end up lame or breaking down completely. The jockey club should get involved because this fracas reflects badly on the whole sport and a State Vet should really take a good look at that horse, he had a tough race the other day and it looks like he is starting to feel the effects of this campaign. I know that this is a free country, the bastion of freedom we would be led to believe but someone must step up to monitor this horse's care.To repeat myself I am worried for this horse's safety.


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PostPosted: Fri Nov 06, 2015 1:48 pm 
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Me, too... :(


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PostPosted: Tue Nov 10, 2015 5:37 pm 
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Here's the latest in the "not so feel good" story. Sounds like Ms. Borell has good lawyers.
http://www.paulickreport.com/news/the-b ... E.facebook


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PostPosted: Wed Nov 11, 2015 8:31 am 
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murphysmom wrote:
Here's the latest in the "not so feel good" story. Sounds like Ms. Borell has good lawyers.
http://www.paulickreport.com/news/the-b ... E.facebook

Hi Murphysmom,
Thanks for the update. Guess this means they couldn't settle this between themselves:>) I think her lawyer was way off base naming Breeders’ Cup Limited and the Keeneland Association as third-party defendants. That has to be thrown out because there are no tracks that are responsible for paying the trainer and certainly the BC has nothing at all to do with paying trainers. She's basically new as a trainer and the last thing she should be doing is burning bridges by suing Keeneland and BC Limited. Sue the owner all you want....but bringing in those you continually will deal with as a trainer makes no sense. They are the last group you want to turn against you....Keeneland gave Borell her license knowing she had financial issues, so they all ready helped her get started. To turn around and name them in this lawsuit may just be her undoing?? Yet I do believe without a written agreement between her and mattress mac, she will get the industry standard of 10% of the purse's earned in court. Though I doubt they will give her the breeding shares because that is something that would definitely be in writing. TJ


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PostPosted: Wed Nov 11, 2015 11:59 am 
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I think that suing the Breeders Cup and Keeneland is to put those organizations on notice that there may be an injunction to prevent release of the funds to the owner while the lawsuit is pending.

So I think it's just a standard legal maneuver when the funds in question are in the hands of some entity other than the defendant.


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PostPosted: Wed Nov 11, 2015 12:25 pm 
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Glad to see the suit has been filed. I don't imagine the powers that be at Keeneland and Breeders Cup would hold Borell responsible for what is obviously a legal maneuver by lawyers who are sufficiently skilled/powerful to represent the likes of Jess Jackson and Stonestreet Stables.

What's unclear to me is if the suit also includes compensation due her from Runhappy's King's Bishop purse.

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PostPosted: Wed Nov 11, 2015 3:22 pm 
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Patuxet wrote:
Glad to see the suit has been filed. I don't imagine the powers that be at Keeneland and Breeders Cup would hold Borell responsible for what is obviously a legal maneuver by lawyers who are sufficiently skilled/powerful to represent the likes of Jess Jackson and Stonestreet Stables.

What's unclear to me is if the suit also includes compensation due her from Runhappy's King's Bishop purse.

Hi Patuxet,
Yes, the Kings Bishop purse and all other purses are included, as well as a 6th starter she ran for Mac, who won a 50,000 maiden claimer and was claimed on June 27 this year...so she went 6 for 6 in her brief association with Mac and his stable. When you break it down....it seems the 10% share should be closer to $130,000, unless they are deducting the weekly sustenance salary she was paid?
Not so sure how skilled the lawyers are, at least in racetrack protocol...If we are talking about a jockey that didn't receive proper compensation and sued, then I agree the track should be named, but not the BC since riders are paid weekly from the horseman's bookkeeper directly out of the owners track account. By mentioning the track and BC, it seems the lawyers aren't aware of the way things work at the track? The BC and the track have no authority to withhold winning purse money from any owner because of a legal dispute, unless the horse returns a positive test....that is the only reason the track would withhold a winning purse from the owner. The 10% of earnings owed to the trainer is paid by the owner to the trainer monthly....it does not go through the horseman's bookkeeper, unless the owner calls the bookkeeper and requests a check to be cut to the trainer for 10% of the purse....otherwise the trainer receives a check from the owner, which they can cash at the track if they prefer to. Also strange is the lawyer mentioning in the lawsuit, Borell is entitled to 10% of the $50,000 claim price of Triplehott...that would have to be in writing as it is not the norm on track. Also "Abby Normal" (in the words of Igor in Young Frankenstein:> https://www.youtube.com/watch?v=yH97lImrr0Q ) is giving a free yearly stud season to each GR I winner a horse has for the trainer....that also would have to be in writing. Back to Triplehott, she was entitled to 10% of that purse which was $1,922, not $5,000. Of course this might just be an error in the article, or they will have to straighten out some errors in the amount they are asking for in the lawsuit since....if she was entitled to the additional 5,000 for the claim she is also entitled to the $1,922 equaling $6,922....shoddy work on the barrister's part?
What should be brought up is how the value of Runhappy has increased dramatically after the 5 wins he had while in her hands. If the horse goes to stud and is sold, she is very possibly entitled to 1-3% of the value when sold to stud. He is worth so much more after he was in her hands, then he was worth before she trained him. I think the lawyers missed the compensation boat on the horses increased value due to Maria's work with Runhappy. TJ


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PostPosted: Wed Nov 11, 2015 5:18 pm 
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I was way off base about the naming of the BC and Keeneland in the suit....as it turns out they are considered 3rd party defendants and have been asked not to distribute the purse to Mcingvale till after the the dispute is settled. I am a dinosaur in the business and this is the first time I've heard of this, a purse being held back in a situation such as this. I wonder if McIngvale will press the BC and Keeneland to turn over his money??
In any case, I hope you all got a kick out of the Abby Normal video:>) Much less a Peyton Place than all this he said she said:>) If anyone knows how to get the actual court documents please post, tnx. TJ


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PostPosted: Thu Nov 12, 2015 5:27 am 
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TJ wrote:
It's tough making ends meet when you're on the racetrack and many trainers owe a lot to the feed man, the farms, the vet, the van company etc. When they win races they pay their debts....now Maria is trying to get the 10% owed to her by the owner. She was retained on salary, not day money therefore the owner paid all the bills the horse incurred....shipping, feed, vet, blacksmith, vitamins, supplements, meds, etc. But a salaried trainer is still entitled to 10% of the earnings which would be $128,690. That should get her out of debt and allow her to buy a couple of her own if no owners come her way. By the way, while in Wohlers care, her 10% share of the purse money she won with Runhappy would be $1,440. This outfit in 16 years of owning horses, never won a Gr 1 race and won 2 with Borell in 5 starts. Now they are trying to stiff her for the money they owe her. She is now lawyer-ed up and from what I understand, he is a serious mouthpiece. Here's the most recent article. TJ
http://www.paulickreport.com/news/breed ... i-am-owed/

If she signed a contract that specified a salary plus 10K for a grade 1 win then it is likely enforceable . My question is did they pay her 10k after the Grade 1 win at Saratoga and did she accept and cash that check? If so, I think the owners will prevail.
The landlord issue should not be co-mingled. My house may be a mess but my workplace is clean. Sounds like the typical landlord tenant dispute. LL cashes the checks. The lease is up in a month. Move out. My barn looks different just before mucking the stalls. Granted the barn looked a little dirty but the horses appeared well fed. Ponies are pigs.

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PostPosted: Thu Nov 12, 2015 9:57 am 
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hpkingjr wrote:
TJ wrote:
It's tough making ends meet when you're on the racetrack and many trainers owe a lot to the feed man, the farms, the vet, the van company etc. When they win races they pay their debts....now Maria is trying to get the 10% owed to her by the owner. She was retained on salary, not day money therefore the owner paid all the bills the horse incurred....shipping, feed, vet, blacksmith, vitamins, supplements, meds, etc. But a salaried trainer is still entitled to 10% of the earnings which would be $128,690. That should get her out of debt and allow her to buy a couple of her own if no owners come her way. By the way, while in Wohlers care, her 10% share of the purse money she won with Runhappy would be $1,440. This outfit in 16 years of owning horses, never won a Gr 1 race and won 2 with Borell in 5 starts. Now they are trying to stiff her for the money they owe her. She is now lawyer-ed up and from what I understand, he is a serious mouthpiece. Here's the most recent article. TJ
http://www.paulickreport.com/news/breed ... i-am-owed/

If she signed a contract that specified a salary plus 10K for a grade 1 win then it is likely enforceable . My question is did they pay her 10k after the Grade 1 win at Saratoga and did she accept and cash that check? If so, I think the owners will prevail.
The landlord issue should not be co-mingled. My house may be a mess but my workplace is clean. Sounds like the typical landlord tenant dispute. LL cashes the checks. The lease is up in a month. Move out. My barn looks different just before mucking the stalls. Granted the barn looked a little dirty but the horses appeared well fed. Ponies are pigs.

Hi Hpkingjr,
The article below quotes Wohlers as saying she had a verbal agreement with Borell. After the Kings Bishop win, Borell was given a check for $10,000 which was not cashed? TJ
http://www.bloodhorse.com/horse-racing/ ... urse-money


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PostPosted: Thu Nov 12, 2015 10:49 am 
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Yes, it was a $10,000 check and she did not cash it, according to the Bloodhorse article. Which, and I'm no lawyer, but...to me that shows the owners are acknowledging that they owe her purse money by writing the check in the first place. Else, why would they, if not part of some agreement? And wise move on her part, as much as she may have needed the money.


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PostPosted: Thu Nov 12, 2015 11:43 am 
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skeenan wrote:
Yes, it was a $10,000 check and she did not cash it, according to the Bloodhorse article. Which, and I'm no lawyer, but...to me that shows the owners are acknowledging that they owe her purse money by writing the check in the first place. Else, why would they, if not part of some agreement? And wise move on her part, as much as she may have needed the money.

Hi Skeenan,
You might not be a lawyer, but your mind works like one....you can plead my case when I need a lawyer:>) TJ


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PostPosted: Thu Nov 12, 2015 12:01 pm 
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Seems Maria's friend started a "go fund me" for Maria to help her with lawyer fees and while she regroups and relocates. Not sure if this is a good move or not? What are your thoughts? TJ

https://www.gofundme.com/xd95gd3w


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