NM Cow Board Attorneys Ask for Wild Horse Advocate’s Membership Information

Dave Tomlin, Ruidoso News

“members are not matters of public record and are entitled to confidentiality…”

“I want to know where YOU live!” ~ photo by Rick Harrison

State attorneys for the New Mexico Livestock Board have asked District Judge Dan Bryant to order the Wild Horse Observers Association to name all of its members in Lincoln County.

The Board’s lawyers say they need the list of names to support the argument they intend to make in the Alto wild horse case that WHOA may not have had the legal right to sue the Board in the 12th Judicial District over its seizure last year of a small herd of free-roaming horses.

“Plaintiff’s membership, particularly in Lincoln County, likely has a bearing on Plaintiff’s standing to sue, and therefore information (and/or records) about Plaintiff’s membership is an appropriate area of inquiry in discovery,” the Board’s attorney, Asst. Atty. Gen. Ari Biernoff, said in a “motion to compel” filed in the case last week.

The motion was aimed at forcing WHOA to comply with a number of document requests the Board made as part of its discovery demands in the wild horse case.

WHOA had earlier responded to the Board’s member list demand that its “members are not matters of public record and are entitled to confidentiality. Further the information is not relevant and is not likely to lead to relevant information concerning this lawsuit.”

But Biernoff pointed out in his motion that discovery demands don’t have to be limited to information that is “public record” and can extend to “anything of relevance to the claims and defenses in this action.”

The Board had also asked for all documents WHOA has about the wild horse herd or any other “wild, feral or estray horses” around Alto or Ruidoso. WHOA responded that the demand was “very broad and it is impossible to know what is requested.”

Biernoff said in last week’s motion that there was “nothing overly broad or confusing” about its demand, and Bryant should overrule WHOA’s objection.

WHOA also said it should not be required to furnish records relating to its officers or directors because they aren’t parties individually to the lawsuit. The Board’s motion insisted that discovery documents aren’t limited to those of named parties to the suit, and WHOA’s officers or directors may have acted on WHOA’s behalf on matters related to the case.

The Board also asked Bryant to reject WHOA’s argument that it shouldn’t be required to provide copies of WHOA’s communications about the case on social media just because they’re public and the Board can review those for itself.

“Undersigned counsel does not have a Facebook account, and so at least some portions of WHOA’s Facebook page are in fact unavailable absent discovery,” Biernoff wrote.

In addition to requiring WHOA to promptly turn over the documents he asked for, Biernoff asked Bryant to order the organization to pay the Board’s attorney’s fees for preparing and filing the motion to compel.

19 comments on “NM Cow Board Attorneys Ask for Wild Horse Advocate’s Membership Information

  1. Honestly, there is no comment that would make a dent in this brutal “industry”. How anyone can do this to these animals – not just once – but on a daily basis – how anyone can justify making money from this kind of activity? I dont understand any of it.

    Liked by 1 person

  2. The “gloves are off”

    Livestock Board seeks to block WHOA expert witness
    Dave Tomlin, Ruidoso News
    March 8, 2017

    The New Mexico Livestock Board has asked District Judge Dan Bryant to bar former state Sen. Steve Komadina from testifying as an expert witness in the Alto wild horse case.

    Komadina, an Albuquerque physician and lifelong horse owner who served as a state senator from 2000 to 2008, was a sponsor of measures relating to wild horses during his tenure and has been an advocate for the state’s free roaming horses as an important state resource.

    “The state of New Mexico wants these horses protected and preserved where they exist,” he wrote in a 2008 letter to then-Atty. Gen. Gary King. “The state wants these horses utilized for Eco-Tourism.”

    But in a motion filed last week in Bryant’s 12th Judicial District Court, the Livestock Board argued that individual legislators may not lawfully testify as experts on the intent of the legislature in enacting particular statutes.
    The Board’s motion noted that the plaintiff in the case, the Wild Horse Observers Association, said in its submission to the court on WHOA’s potential witnesses that it anticipated “Komadina will testify with respect to legislative intent.”

    http://www.ruidosonews.com/story/news/local/courts/2017/03/08/livestock-board-seeks-block-whoa-expert-witness/98919184/

    Like

  3. All this for a few wild horses some officials do not value, but the people do. This much effort would be better directed towards getting a certain elected official to release his tax returns. The public would certainly be better served by these so-called “public servants.”

    Like

  4. Politicians can now shield expenditures from investigations.

    Congress Quietly Passes New Rule Allowing House Members To Hide Records From Ethics Probes
    http://www.huffingtonpost.com/entry/secret-new-rule-allows-house-members-to-hide-records-from-ethics-probes_us_58746aefe4b099cdb0ff34eb

    The change essentially makes a member of Congress the owner and sole controller of any records he or she creates, regardless of whether those documents touch on a public interest, such as use of taxpayer funds or the commission of a crime.

    “Records created, generated, or received by the congressional office of a Member … are exclusively the personal property of the individual member … and such Member … has control over such records,” the regulation states.

    The change granting records control to members was passed without much notice amid news of a plan to gut the independence of the Office of Congressional Ethics, which caused a public outcry but failed to pass.
    Under the new regulation, a lawmaker being investigated for misuse of taxpayer funds, for example, might now assert the privilege to withhold spending records from law enforcement authorities. Had that measure existed earlier, certain accounts might not have been accessible for corruption investigations that resulted in charges against members of
    Congress.

    Like

  5. Several wild horse bills debated in legislature
    Dianne L Stallings , Ruidoso News

    As the New Mexico Legislature prepares to close its session, debate still boils over how to protect wild horses and private property
    The latest proposed legislation is House Memorial 102 introduced by State Rep. Joanne J. Ferrary, a Democrat from District 37, with input from Patience O’Dowd, head of Wild Horse Observers Association. Her organization won a temporary injunction against the sale of a dozen members of a “wild” herd hauled away and then returned to Lincoln County by New Mexico Livestock Board. The case is pending in district court. The memorial acknowledges the role of the conservation division of the state Department of Game and Fish in “protecting, maintaining and enhancing wildlife habitat,” and requests the division conduct an interim study and to provide recommendation for the protection, maintenance an enhancement of wild horse herds and habitat in the state.

    A long list of stakeholders in the well-being of wild horses included artists, outfitters, horse rescue groups, rural economic development organizations and the state tourism, the memorial states.

    http://www.ruidosonews.com/story/news/local/2017/03/14/several-wild-horse-bills-debated-legislature/99169244/

    Like

  6. So my only question is….the guy in the picture above does he run the board or just BS for them? The livestock board needs a better pic of their leadership the fella pictured shows his rage at horses too eagerly…or at least polish his horns and comb his goatee.

    Like

  7. New Mexico Livestock Board/ Board Members

    Bill Sauble, Chairman – Maxwell, NM
    Mr. Sauble is the current chairman of the NM Livestock Board. He is also President of the Sauble Ranch Company, a family owned cow/calf and yearling ranching operation in Colfax County. He graduated from New Mexico State University with a degree in Animal Science, and after serving in the U.S. Navy, returned to the family ranch. In addition to serving on the NM Livestock Board, Mr. Sauble is also the current chairman of the Colfax County Commission, a member of the New Mexico State Land Office Advisory Committee and an at-large member for the Western Region of the United States Animal Health Association. He is also a board member and past president of the New Mexico Cattlegrowers Association.

    Don (Bebo) Lee, Vice-Chairman – Alamogordo, NM
    Mr. Lee is a fifth generation rancher from Otero County. He graduated from Alamogordo High School and attended college at Alpine and Snyder Texas. He has been employed at the ranch in Otero County since then. Mr. Lee has been involved in issues that affect the livestock industry for 40 years.

    Loren Horton, Secretary – Hatch, NM

    David Kincaid – Pinon, NM
    Mr. Kincaid is a lifetime Eddy County rancher. He has raised sheep and cattle in Eddy, Chaves, and Otero counties and has served as past president of NM Wool Growers. He is a past member and president of the Eddy County Fair Board and executive councilman of the American Sheep Industry. He has also served as a committee member with the ASCS. In addition to serving on the NMLB, Mr. Kindcaid currently serves on the NM Cattle Growers board of directors and NM Wool Growers board of directors. He raised two children on a ranch with his wife Joan and they have four grandkids.

    Effie Walker – Clayton, NM

    Bob Frost – San Jon, NM

    Donald Martinez – El Rito, NM
    Mr. Martinez is an El Rito fifth generation rancher of sheep and cattle. He is the owner of Naturally New Mexico Foods, a lamb slaughter and processing plant for restaurants and stores. He has been married to Bertha for 28 years; they have three sons, two granddaughters and one grandson. Mr. Martinez has served in several agricultural organizations in New Mexico.

    Kevin Elfering – Rio Rancho, NM
    Mr. Elfering is an animal health and food safety expert. He retired in 2007 as the director of the Dairy and Food Inspection Division at the Minnesota Department of Agriculture. He was instrumental in establishing the Center for Animal Health and Food Safety at the University of Minnesota, where he served as an adjunct professor at the College of Veterinary Medicine and was on the advisory board at the Veterinary Diagnostic Laboratory. He currently lives in Rio Rancho, New Mexico working as a food safety consultant for the food industry and has provided food bio-terrorism training for law enforcement agencies.
    https://www.nmlbonline.com/board

    Like

  8. WHERE was the State Veterinarian?

    Wild Horses Slaughtered in Mexico Southern Colorado rancher Tom Davis sold nearly 1,800 wild horses for slaughter; New Mexico-based livestock business questioned

    October 24, 2015
    By Thomas Ragan

    A Colorado rancher just over the New Mexico state line sold a Mexican slaughterhouse nearly 1,800 wild horses he had bought from the Bureau of Land Management, and Southwest Livestock Co., in Los Lunas, NM, was asked if it played a role in exporting some of the horses to Mexico’s “kill plant,” according a report released late Friday by the Office of Inspector General.http://www.sfreporter.com/santafe/article-11117-wild-horses-slaughtered-in-mexico.html

    Like

  9. Bute isn’t the only drug that’s used on Horses
    COBRA VENOM, FROG JUICE and VIAGRA…for starters

    Oklahoma horses doped with ‘frog juice’ jumped to winner’s circle

    Demorphin is just the latest drug employed in an ongoing cat-and-mouse game between racing regulators and cheaters who seek a chemical advantage that can go undetected.
    Over the years, regulators have discovered a variety of banned substances in race horses, including cobra and cone snail venom, blood doping agents, Viagra, cancer drugs and, now, “frog juice.”

    http://newsok.com/article/3766705

    Like

    • Theres a list of 100s of drugs. Im pointing to the fact they are attempting to circumvent bute by simply rewriting its withdrawal again. It Never Withdrawals. It stays in the body. They are simply saying they are Going to Accept horses with BUTE IN THEM. Thats the point of the article, the new methods for manufacturing propaganda and just getting around the truth. These jerks are attempting to get EU to accept it instead of Ban it!

      Like

    • Brazilian meatpacking scandal in the news. Anyone want to guess if horsemeat is also involved?

      Published March 17, 2017
      Associated Press
      Facebook Twitter Email Print
      SAO PAULO –  Two big Brazilian meatpackers bribed inspectors to keep rotten meat on the market, police charged Friday in issuing dozens of arrest warrants, while a judge accused the Agriculture Ministry of betraying the country.
      Part of the money allegedly paid by meatpackers JBS and BRF was channeled to two major political parties, including the one of President Michel Temer, police said.
      Brazil is one of the biggest meat producers in the world and has been counting heavily on agribusiness to recover from its worst recession in decades.
      Investigator Mauricio Moscardi Grillo said at a news conference that the two meatpackers used chemicals to improve the appearance and smell of expired meats. He said at least one executive reported that rotten meat was mixed with healthy meat to be sold to consumers.

      http://www.foxnews.com/world/2017/03/17/brazilian-giant-meatpackers-targeted-in-corruption-probe.html

      http://www.reuters.com/article/us-brazil-corruption-food-idUSKBN16P0NG

      Like

Care to make a comment?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s