Service of hard copy acknowledged; Oct. 3rd., 2008
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VIA EMA1L AND CERTIFIED
MAILSeptember 30, 2008
Schiff Hardin, LLP
One Market
Spear Street Tower, 32nd. Fl.
San Francisco, Ca. 94105
Christine A. Jubic
Friends of Equines, Foes of Equine Slaughter
118 River Rd.
Johnsonville, NY 12094
Re: Jerry Hollendorfer and Hollendorfer Racing Stables
Dear Ms. Jubic:
We represent Jerry Hollendorfer and Hollendorfer Racing Stables. I call your attention to
your website, www.freewebs.comlfriendsofeqiuines,
and the petition drive against Mr.Hollendorfer, wherein you are trying to damage Mr. Hollendorfer’s reputation in the horse
industry with slanderous comments. We demand that you and your organization, “Friends of
Equines, Foes of Equine Slaughter,” retract your statements immediately and publicly apologize
for the statement as well as to immediately stop the petition drive you are conducting. If you do
not do so, we will file suit against you
and your organization for defamation of character andintentional infliction of emotional distress, seeking all damages available under the law,
including punitive damages.
Based on your website and petition drive, it is clear you are aware that Mr. Hollendorfer
is a horse trainer of some repute. As part of your petition drive, you make several incorrect and
slanderous comments about Mr. Hollendorfer involving the care of a horse called Heavenly
Perfect. You falsely claim that Mr. Hollendorfer raced Heavenly Perfect on May 13, 2008,
knowing that she had laminitis, a hoof disease, as well as other fractures and chips to the knees
and
joints. You also falsely reported that Mr. Hollendorfer sold Heavenly Perfect at a “killauction” on May 23, 2008. Your reporting was clearly done with actual (and misdirected)
malice including statements such as: “Trainer of the Year Runs Horse to Death,” “Jerry
Hollendorfer Runs Foundered Horse Near to Death and Sends Her Off to Slaughter,” that Mr.
Hollendorfer “tortured” Heavenly Perfect by “forcing her to race time and time again knowing
she was not fit to race,” and that Mr. Hollendorfer is your “International Posterboy of Racehorse
Cruelty.” Your petition drive also encourages others to spread your false comments about Mr.
Hollendorfer. In reviewing the comments of those who signed your petition drive, it is clear that
your slanderous comments are having the desired effect of besmirching Mr. Hollendorfer’s goodname and reputation in the horse industry.
Contrary to your assertions, Mr. Hollendorfer provides the utmost care and treatment to
all the horses he trains, including Heavenly Perfect. Therefore, the untrue and defamatory
comments you have made about Mr. Hollendorfer are particularly offensive and reprehensible to
him. Also, contrary to the statements you are spreading on your website petition, Mr.
Hollendorfer only raced Heavenly Perfect four times in over two years, and never while she
while she was injured. In May 2008, Mr. Hollendorfer gave her to a Mr. Ed Harvey, who stated
he was purchasing her as a pleasure horse or brood mare. Mr. Harvey, not Mr. Hollendorfer, was
the one who apparently then sold her to what you are claiming was a “kill auction.” Mr.
Hollendorfer had absolutely no involvement with that sale.
We therefore demand that you remove any defamatory comments about Mr. Hollendorfer
from your website, to withdraw your petition, and to issue a formal retraction in the manner
required by Section 48a(3) of the California Civil Code. Please do so by October 24 or we will
file suit.
Very truly yours,
Jean H. Hurricane
JHH:sfr
Cc: Jerry Hollendorfer
John Worden
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Open link and click on "The Dorfs" pic to see (and sign) the petition;
http://horseracingshame.blogspot.com/2008/10/hollendorfer-stables-to-sue-friends-of.html