New filing on ecourts re MB

[CurrentlyHorseless]

@Ambitious_Kate

@hut-ho78

If memory serves MBD was the member of the LLC and I don’t think MB was a direct member. Either way, the wrong doing of a member of an LLC that is a member of another LLC can be brought into a lawsuit.

Laren never sued Michael Barisone Dressage, did she?

No, but I think that SGF had a cross claim against both MB and MBD LLC.

[3PonyFarm]

One of my favorite stories of horse boarding situations gone wrong was of a very arrogant horse owner who was very nasty to the barn manager and staff and other boarders. They all wanted her gone and said they would leave if she didn’t.
She finally was told to leave and the new barn came and picked up her horse but didn’t take her equipment like they were supposed to.

A few days later, the barn manager of the place she left received a nasty letter from a fancy downtown law office ordering that all the equipment be delivered to their offices by a certain date.
I think the attorney was expecting a few neatly boxed up items.

The barn manager brought over trash bags full of dirty horse blankets and saddle pads, a grooming tote with dirty brushes, leaking fly spray. Hoof dressing cans that the lid didn’t fit on quite right.
They were all left with the receptionist at the very fancy firm with pictures taken of all the stuff in the very fancy lobby under the gold lettering of the firm’s name with other clients waiting in the lobby.

I got to see the pictures and I wondered what they did with all the stuff until it could be picked up by the owner and what they billed her for dealing with all that.

[Knights_Mom]

@3PonyFarm

One of my favorite stories of horse boarding situations gone wrong was of a very arrogant horse owner who was very nasty to the barn manager and staff and other boarders. They all wanted her gone and said they would leave if she didn’t.
She finally was told to leave and the new barn came and picked up her horse but didn’t take her equipment like they were supposed to.

A few days later, the barn manager of the place she left received a nasty letter from a fancy downtown law office ordering that all the equipment be delivered to their offices by a certain date.
I think the attorney was expecting a few neatly boxed up items.

The barn manager brought over trash bags full of dirty horse blankets and saddle pads, a grooming tote with dirty brushes, leaking fly spray. Hoof dressing cans that the lid didn’t fit on quite right.
They were all left with the receptionist at the very fancy firm with pictures taken of all the stuff in the very fancy lobby under the gold lettering of the firm’s name with other clients waiting in the lobby.

I got to see the pictures and I wondered what they did with all the stuff until it could be picked up by the owner and what they billed her for dealing with all that.

I love this story!

[3PonyFarm]

The barn manager wore her dirty barn coat and stinky muck boots over to deliver the stuff. The pictures were priceless.
The nasty woman got kicked out of the other barn and I think she eventually got out of horses.

[MHM]

@3PonyFarm

She finally was told to leave and the new barn came and picked up her horse but didn’t take her equipment like they were supposed to.

How was that the responsibility of anybody at the old barn?

It sounds like that should’ve been the responsibility of the people who forgot to take the equipment when they picked up the horse.

Honestly, I think the old barn would have been within their rights to take the equipment to the dump that day after it was left behind.

[Knights_Mom]

No matter as it allowed for exquisite retribution done due to the request of their own attorney.

[MHM]

Even so.

The old barn owner had to spend the time and effort on something that was not their responsibility.

[3PonyFarm]

I don’t remember the exact wording and I’m not sure they could have done anything but they threatened legal action if it wasn’t delivered.

I don’t think she worried about any action they may have tried but was irritated by the tone of it and wanted the stuff gone.

[Knights_Mom]

True but the satisfaction? PRICELESS!

[MHM]

I have a feeling I would have had a very different reaction. Lol.

[Ambitious_Kate]

No, I would have done exactly that
No. I would have boxed it all up, or trash bags, and left it beside the mailbox of the owner. Or possibly at the base of her home garage. To the law firm , I would have delivered photographs of where the items were.

But then. If I were Michael Baridone, I would have shipped Lauren’s horses and saddles et. To the new barn down the road , after having arranging it with JK.

Gone baby gone. Lauren would have woken up wondering g where her horses were, and I would have said " ask your father". When those two would have raced down te road to see her horses, I would have had every single personal belonging piled at the road by the time they came back, the dog tied to some tree well off my property. See you in court, sweetums. I’ll pay the fine.

[SoCoPony]

[Knights_Mom]

@Ambitious_Kate

No, I would have done exactly that
No. I would have boxed it all up, or trash bags, and left it beside the mailbox of the owner. Or possibly at the base of her home garage. To the law firm , I would have delivered photographs of where the items were.

But then. If I were Michael Baridone, I would have shipped Lauren’s horses and saddles et. To the new barn down the road , after having arranging it with JK.

Gone baby gone. Lauren would have woken up wondering g where her horses were, and I would have said " ask your father". When those two would have raced down te road to see her horses, I would have had every single personal belonging piled at the road by the time they came back, the dog tied to some tree well off my property. See you in court, sweetums. I’ll pay the fine.

I’d be buying breakfast for us.

[ohnoO]

@Ambitious_Kate

But then. If I were Michael Baridone, I would have shipped Lauren’s horses and saddles et. To the new barn down the road , after having arranging it with JK

See, that’s why she would sit on the porch in the middle of the day in NJ in August so she could keep up with all the comings-and-goings at the barn. That would have never happened without her knowledge and maybe another 911 call.

[MHM]

@ohnoO

That would have never happened without her knowledge and maybe another 911 call.

That would have been the time to remind the police that they don’t deal in civil issues.

[Ambitious_Kate]

@ohnoO

See, that’s why she would sit on the porch in the middle of the day in NJ in August so she could keep up with all the comings-and-goings at the barn. That would have never happened without her knowledge and maybe another 911 call.

That’s all okay. I can wave as we go by. She and laundry boy can jump in their truck and follow us right on down the road.

[clipper]

@Knights_Mom

However, once you win they take a third.

This question is for the lawyers or others with personal knowledge of the Contingency Fees? Please help educate me. TIA

Does the 1/3 fee include the disbursements?

Here in Ontario, Canada the lawyers charge the disbursements on top of the contingency fees.
For example if the award was $1000.00 and the disbursements $900.00 the plaintiff would be on the hook for the 1/3 ($333.00) plus the $900.00 for the disbursements for a total of $1233.00. The lawyer would then take the $1000.00 plus the plaintiff would owe the lawyer $233.00 more dollars.

I looked at the New Jersey laws regarding this but still do not quite understand whether the disbursements are included or on top. The following is from the above website.

In New Jersey law according to https://www.njcourts.gov/attorneys/rules-of-court/contingent-fees

RULE 1:21-7 - Contingent Fees
(c ) In any matter where a client’s claim for damages is based upon the alleged tortious conduct of another, including products liability claims and claims among family members that are subject to Part V of these Rules but excluding statutorily based discrimination and employment claims, and the client is not a subrogee, an attorney shall not contract for, charge, or collect a contingent fee in excess of the following limits:

(1) 33⅓% on the first $750,000 recovered;

(2) 30% on the next $750,000 recovered;

(3) 25% on the next $750,000 recovered;…

(d) The permissible fee provided for in paragraph (c ) shall be computed on the net sum recovered after deducting disbursements in connection with the institution and prosecution of the claim, whether advanced by the attorney or by the client, including investigation expenses, expenses for expert or other testimony or evidence, the cost of briefs and transcripts on appeal, and any interest included in a judgment pursuant to R. 4:42-11(b)

[SillyHorse]

@clipper

For example if the award was $1000.00 and the disbursements $900.00 the plaintiff would be on the hook for the 1/3 ($333.00) plus the $900.00 for the disbursements for a total of $1233.00. The lawyer would then take the $1000.00 plus the plaintiff would owe the lawyer $233.00 more dollars.

You win, and then you lose.

[RMJacobs]

@DownYonder

My niece’s fiance trains dogs for the military and his take on Malinois and other highly driven breeds is this: You absolutely HAVE to understand how intensely driven they are to work and you cannot let the training and working aspect fall by the wayside at all.

When I lived in South Carolina, in one of the neighborhoods I biked there was a guy who had a male Malinois and a female German Shepherd. The Shepherd was young and could be aggressive. I only saw the dogs when they were leashed, and the guy was very careful in his training.

One day, the Malinois got out. Neighbors reported that the dog walked the usual route he did with his owner, then went back home and waited on the porch. Everyone said the dog was very polite, but didn’t engage with anyone along the way, didn’t chase any of the gazillion free roaming cats, didn’t bother the wildlife. He just went on his usual walk then went home.

The owner was horrified when he found out, and then very relieved.

Rebecca

[Knights_Mom]

Never before has there been a public horse forum where the members had to learn law so that they could post.

There will be a test at the end of the day.