PAT STOUT FILES BLOCKBUSTER LAWSUIT VS TWHBEA AND JOHN DOES, I-X, ALLEGING CONSPIRACY, MALICIOUS DEFAMATION AND SEEKS $1,000,000.00 TOTAL DAMAGES WITH TRIAL BY JURY

COOKEVILLE, TN –  Pat Stout filed a Complaint in Putnam County, Tennessee, on Tuesday,  May 20, 2014 against the Tennessee Walking Horse Breeder’s and Exhibitor’s Association, and John Does I – X.   Mrs. Stout is represented by Honorable Henry Fincher of Cookeville, Tennessee.

PAT STOUT,  COOKEVILLE, TN, TWHBEA MEMBER

PAT STOUT, COOKEVILLE, TN, TWHBEA MEMBER

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PAT STOUT COMPLAINT - PAGE ONE

PAT STOUT COMPLAINT – PAGE ONE

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The lawsuit (which represents one side of a legal dispute)  centers around the anti-soring stand taken by Pat Stout, and an Opinion Poll she conducted to determine the opinions of the TWHBEA members regarding the passage of the PAST ACT (Prevent All Soring Tactics Act) which is presently before the United States Congress.

In September 2013,  Pat Stout – VP Horse Shows – sent a postcard mailer from her Cookeville, Tennessee home seeking the opinion of the approximately 6,950 TWHBEA members eligible to vote to vote “YES”  or  “NO”  on passage of the  PAST ACT  (HR 1518/S.1406).

On October 17, 2013,  “The Poll” results tabulated by Greg Cook and Co, CPA,  were a landslide 63%    “YES”  for  passage of the PAST ACT to remove the pads and chains. An outstanding 26% of the TWHBEA members participated in “The Poll”.  This is  the same percentage  that decides directors elections.

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Today,    63%  of the United States Congress in favor of the  PAST ACT,  which includes    54 U. S. Senators and 281  U. S. Representatives.

The Complaint alleges that  several wrongful malicious and punitive acts were  perpetrated by alleged “pro-soring advocates”  against Mrs. Stout.  Her Complaint specifically names Thomas Kakassy as allegedly publishing falsehoods regarding Stout with the intent to willfully and maliciously damage her. The Complaint further alleges reckless, fraudulent and intentional deception used by TWHBEA in an attempt to persecute her for having views different from the “pro soring faction”.

TOM KAKASSY -CURRENT TWHBEA EXECUTIVE COMMITTEE MEMBER

TOM KAKASSY -CURRENT TWHBEA EXECUTIVE COMMITTEE MEMBER

Stout’s Complaint also alleges that “an act of vengeful retribution, on December 6, 2013, the TWHBEA Board of Directors refused to ratify the action of the Executive Committee.   Instead, the Directors referred to matter to the Bylaws Committee ““ consisting of…Thomas Kakassy, Esq., and other individuals who are believed to be pro-soring including Jeff Smith, Jeff Tanner, Dr. David Mullis, and Sheryl Crawford.”  TWHBEA President Steve Smith, who is also U. S. Senator Lamar Alexander’s Campaign Finance Chairman, upon taking office in December requested Tom Kakassy “to report as quickly as possible” according to Kakassy’s “Summary of Findings” regarding Pat Stout. It appears that Smith and Kakassy collaborated on the formation of an Ad Hoc Subcommittee and handpicked its members who included:

  • Sheryl Crawford
  • David Mullis
  • Jeff Smith
  • Jeff Tanner
  • Tom Kakassy
SHERYL CRAWFORD,  BIG LICK SUPPORTER -STANDING IN FRONT OF "THE POLL" MAP AT SOUND HORSE CONFERENCE

SHERYL CRAWFORD, BIG LICK SUPPORTER -STANDING IN FRONT OF “THE POLL” MAP AT SOUND HORSE CONFERENCE

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TWHBEA PRESIDENT STEVE SMITH,  U. S. SENATOR LAMAR ALEXANDER CAMPAIGN FINANCE CHAIRMAN

TWHBEA PRESIDENT STEVE SMITH, U. S. SENATOR LAMAR ALEXANDER CAMPAIGN FINANCE CHAIRMAN

Mrs. Stout requested a Jury Trial and alleges a conspiracy against her by allegedly known and unknown persons.

She listed ten “John Doe” Defendants which may be added to the suit.

Stout’s lawsuit charged TWHBEA with the following:

  • Count One – Rescission of Illegal Corporate Acts
  • Count Two – Breach of Fiduciary Duties
  • Count Three – Breach of Contract
  • Count Four – Libel and Defamation
  • Count Five – Civil Conspiracy

Stout seeks the following relief:

  • Seeks a temporary and permanent injunction regarding TWHBEA suspending Stout’s TWHBEA membership privileges;
  • Seeks actual damages of $500,000.00 for malicious defamation and related matters;
  • Seeks punitive damages of $500,000.00;
  • Attorneys fees and costs.

Informed sources believe that due to officers of TWHBEA allegedly not following its Corporate Rules regarding discipline,  never filing a written Complaint against Pat Stout so she could defend herself,  and the officers of TWHBEA  allegedly acting with malice toward Mrs. Stout,  that TWHBEA’s insurance carrier might not be willing accept liability and may refuse to pay to defend TWHBEA from Pat Stout’s suit for damages.

TWHBEA is currently in a perilous financial condition with decreasing revenues from lack of foals being registered, horses being sold, and decreasing numbers of members due to the soring stigma associated with the Tennessee Walking Horse breed.

President Steve Smith’s Executive Committee is laden with persons who have Horse Protection Act violation citations.

Along with her Complaint,  Mrs. Stout submitted extensive Discovery documents to TWHBEA  which are designed to determine the identity of additional Defendants who may have participated in a conspiracy against her, and if so,  these persons will be added to the lawsuit.

They are now listed as John Doe I – X.

Pat Stout also accompanied her Complaint with a Sworn Affidavit.

Nephew Eugene says Randolph from Theta who went to Vanderbilt University Law School thinks Pat Stout has a pretty darn good case.  

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THE BACKGROUND  

In September 2013,  Pat Stout – VP Horse Shows – sent a postcard mailer from Cookeville, Tennessee seeking the opinion of the approximately 6,950 TWHBEA members eligible to vote to vote “YES” or “NO” on passage of the PAST ACT (HR 1518/S.1406).

"YES" or "NO"

“YES” or “NO”

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On October 17, 2013,  “The Poll” results were announced by Greg Cook and Co. CPA of Arab, Alabama.

In a landslide vote 63% of the TWHBEA membership voted “YES” for  passage of the PAST ACT to remove the pads and chains.

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Upon taking office on December 7, 2013,   it appears that incoming TWHBEA President Steve  Smith engineered a questionable hurry up “to report as quickly as possible”  investigation headed by  By-Laws/Enforcement VP Tom Kakassy who has previously stated “I Am A Proud HPA Violator”.  Tom Kakassy is the same guy who tried to thwart TWHBEA’s Rules of Discipline on September 26, 2013 when he circulated a Complaint at the TWHBEA Executive Meeting against Pat Stout, but never paid the $250.00 fee or filed it.

Informed sources believe that Kakassy didn’t file the Complaint because Pat Stout had not done anything wrong.

The matter of Pat Stout polling the members for their opinions came up at TWHBEA Executive Committee meetings on September 27, 2013,  October 26, 2013 and November

On December 5, 2013,  the TWHBEA Executive Committee  exonerated  Pat Stout of any wrongdoing with regarding to her polling the TWHBEA members regarding their opinion on the HR 1518/S 1406 legislation pending before Congress.

U.S. Senator Lamar Alexander Campaign Chairman Steve Smith’s  sore  Big Lick crowd took over on December 7, 2013.

U. S. Senator  Lamar Alexander’s Campaign Finance Chairman  Steve Smith then instructed a “lynch mob” Subcommittee headed by Tom “I Am A Proud HPA Violator” Kakassy  to do a hurry up “investigation”, and come back with a “Report”.

The Committee was made up of the following HPA violators:

Tom “I Am A Proud HPA Violator” Kakassy  

Gastonia NC 28053 Illegal Chains Loose Chains 10/06/2009 10/19/2009 KWHA
Tom Kakassy Gastonia NC 28053 Unilateral Sore 05/17/2009 06/15/2009 SHOW
Tom Kakassy Lake Wylie SC Unilateral Sore 05/02/2006 05/15/2006 KWHA
Tom & Rita Kakassy Lake Wyle SC Scar Rule 10/30/2005 11/12/2005 KWHA
 Sheryl Crawford (Husband Doug) ““ Owner of Crawford Colts
Crawford Carrollton GA 30116 Unilateral Sore 01/07/2009 02/05/2009 NHSC conflict case
Sheryl Crawford Carrollton GA 30116 War Commander Other, Define In Next Field Entered horse at Spring Fun Show which tested positive for prohibited substances. 05/18/2010 05/18/2010 Unknown Yes Bernadette Juarez, Deputy Director, Animal and Welfare Enforcement Branch
Sheryl Crawford War Commander Foreign Substance 05/21/2009 00/00/0000
Sheryl Crawford Carrolton GA 30116 Equipment Violation 10/04/2004 10/17/2004 NHSC
Sheryl Crawford Carrollton GA Not Specified 06/19/1997 04/13/1998 USDA
Sheryl Crawford Carrollton GA Not Specified 12/24/1993 12/23/1994 USDA
Crawford Colts LLC Carrollton GA 30116 Unilateral Sore 05/03/2006 05/16/2006 NHSC No Individual s Name
Crawford Carrollton GA 30116 War Commander Other, Define In Next Field Entered horse at Spring Fun Show which tested positive for prohibited substances. 05/18/2010 05/18/2010 Unknown Yes Bernadette Juarez, Deputy Director, Animal and Welfare Enforcement Branch
Doug Crawford War Commander Foreign Substance 05/21/2009 00/00/0000
Doug Crawford Carrolton GA 30117 Bilateral Sore 04/22/2002 12/21/2002 NHSC
Doug Crawford Carrolton GA 30116 Equipment Violation 10/04/2004 10/17/2004 NHSC
David Mullis
David  Mullis  Good Hope GA49713    Unilateral Sore    04/21/200905/04/2009  KWHA

Upon receiving the trumped up “Report”,  again with no written Complaint against Pat Stout being filed as required by TWHBEA Rules of Discipline or By-Laws, King Steve Smith’s Executive Committee,  acting in darkness and with treachery,  instructed TWHBEA Executive Director Tracy Boyd to send Pat Stout the following letter:

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This runaway sore Executive Committee  egregiously  disregarded all TWHBEA process rights and precedents regarding how the business of the Association has been run for decades.

It has chosen to unilaterally attempt to put  Pat Stout  out of business until and unless Mrs. Stout submits to an inquisition regarding the HR 1518 Poll.

PAT STOUT - Blue Ribbon 'Winner

PAT STOUT ““ Blue Ribbon ‘Winner

Stout appeared before Executive Committee meetings on September 26, 2013;  October 27, 2013,  November 23,  2013 and December 5, 2013.  She has fielded all questions,  and she was decisively exonerated by the 2012 ““ 2013 Executive Committee on whose watch the Poll occurred on December 5, 2013.

Reflective of the current make up and attitude of the TWHBEA Executive is  Ford Gates TWHBEA Peformance Horse VP  who apparently posted the following on Facebook:

 

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FORD GATES, VP PERFORMANCE HORSE (BIG LICK)

FORD GATES, VP PERFORMANCE HORSE (BIG LICK)

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