Page 1 of 3

To: <debraallen71@hotmail.com>
Cc: <b.b.annis@charter.net>; <jude0120@aol.com>; <BecksGold@verizon.net>; <potogold@comcast.net>;<tempogoldens@comcast.net>; <Caldwel2@airmail.net>; <MChapman1916@comcast.net>;<dwclarkmoore@prodigy.net>; "Ronna Combs" <RCOMBS@pisd.edu>;<Karen.Couch@dal.frb.org>; <DavisOfDallas@aol.com>; "Shari Degan" <mohrgold4@sbcglobal.net>;<SherriFarmer@Verizon.net>; <k.felix@comcast.net>; <JFric@aol.com>; <okusgold@msn.com>;<dgulledge@velaw.com>; <drdavehall@comcast.net>; <patrickharden@sbcglobal.net>; "Ann Horton"<coralace@ev1.net>; <Priomom@sbcglobal.net>; <Topspingld@aol.com>; <shiloh@aircanopy.net>;<Melissa.Kato@gulfstream.com>; <kingoldens@sbcglobal.net>;<john.knapp@performancepolymers.com>; <wyndehills@aol.com>; <denalikennels@earthlink.net>;<info@lovelranch.com>; <smaag@flash.net>; <stwkar@sbcglobal.net>;<Goldenwind@worldnet.att.net>; <Linda@edmillerservice.com>; <VernLynn@prodigy.net>; <DLMorrill1@aol.com>; "lesley" <wildflowertexas2000@yahoo.com>;<jhragan@sbcglobal.net>; <rita@dfwmgrc.org>; <SSherman@landam.com>;<casathompson@comcast.net>; <camlingoldens@comcast.net>; <AMCDogs@ticnet.com>

Sent: Monday, May 01, 2006 9:59 PM
Subject: DWFMGRC LEGAL ISSUE - PLEASE *REPLY ALL* TO THIS EMAIL

 

Dear DFWMGRC Members:

We have chosen to send this email out to the entire DFWMGRC membership as we feel that the DFWMGRC has a right to know the information that is being withheld from the DFWMGRC membership by the DFWMGRC Board. This situation started in April 2005 and the 2005 DFWMGRC Board was provided with ample opportunity to correct/reverse their actions/decisions starting last April and continuing to date with the 2006 DFWMGRC Board. The 2005 DFWMGRC Board members still represent a majority vote in the 2006 DFWMGRC Board. The evidence that we have against the majority of the Board members (2005 and 2006) is overwhelming and undeniable. Once the petition is filed in Court, it will become public record. We have been trying to avoid that public embarrassment to the DFWMGRC. Within the body of the email to the Board below, we are refraining from citing the Board's specific unconstitutional actions until a legal petition is filed and are now substituting 'reversal of their actions' in lieu of the original single word.

On Tuesday, March 21, 2006 an email was sent to all DFWMGRC Board members:

Attention: 2006 DFWMGRC Board,

It should be clear to you at this point that we have solid evidence that the 2005 Board and now the 2006 Board have taken discriminatory actions against us.  We have spoken with a prominent law firm in which a Partner had previously filed against a very large dog club and won quite a nice settlement.  We are fully prepared to go forward with legal action against the DFWMGRC led by the 2005 DFWMGRC Board and now the 2006 DFWMGRC Board.

The decision for us to proceed with legal action against the DFWMGRC is yours to make by 9pm, Thursday, March 23rd at which time we must have in our possession a letter of apology along with the DFWMGRC Board's reversal of their actions against us, and other Club members with dogs co-owned with us.  Otherwise you are going to have a very hard time explaining to the entire DFWMGRC membership why a long time Club

member was forced to take legal action against the Club.

 

 

Page 2 of 3

There was no reply to this email and we did get confirmation from one Board member that it was received by the DFWMGRC Board.

On March 24, 2006, we retained an attorney to represent us against the DFWMGRC. On April 7, 2006 our attorney sent a Demand Letter to the DFWMGRC Board c/o Lesley Pettingill who is the DFWMGRC Corresponding Secretary. The Demand Letter was sent both Certified Mail Return Receipt Requested AND regular First Class Mail. The regular First Class letter was delivered on April 10th along with a notice to pick up or to have the USPS redeliver the Certified Copy. The notice went unanswered by Lesley Pettingill (DFWMGRC Corresponding Secretary) and on April 21, a second notice from the USPS was left for Lesley to pick up or to have the USPS redeliver the Certified Copy. As stated, our attorney also sent the Demand Letter via Regular First Class mail so the Board has knowledge of what is in the Certified Copy that they are refusing to sign for.

This action by the DFWMGRC Board has placed the DFWMGRC in further jeopardy for a lawsuit as the Demand Letter that Lesley Pettingill has in her possession clearly stated that the DFWMGRC Board had 10 days to respond. The action we demanded that the Board take would have relieved the DFWMGRC of any liability, legal ramifications, and/or financial hardship. A Club member who had knowledge of the entire situation, asked Board Member Rita Robins at the DFWMGRC General Membership meeting (April 18th), when does the Board feel that they should inform the Club that there is a possible pending lawsuit against the Club. Rita stated that she was not at liberty to discuss it. It appears from Rita's response that the DFWMGRC Board presently has no intention to inform the DFWMGRC membership. The 2005 DFWMGRC Board and now the 2006 DFWMGRC Board have violated many DFWMGRC Bylaws and Standing Rules which led to where we are today. In addition to those violations, it is our attorney's opinion that the DFWMGRC Board has acted unlawfully. Their unconstitutional actions (violating the DFWMGRC Constitution and Bylaws) have placed the DFWMGRC in a position of legal liability. Per our Bylaws, "General management of the Club's affairs shall be entrusted to the Board". Making decisions on behalf of the DFWMGRC without notification to the DFWMGRC membership of a potential lawsuit does NOT fall within 'general management'.

Our intention as stated by our attorney in the Demand Letter (4/7/2006) was and I will quote: "However, at this point my clients, in the interest of compromise and in the interest of avoiding embarrassment and financial hardship to DFWMGRC have authorized me to forgo any monetary relief and make the following offer of settlement." The DFWMGRC Board chose to ignore both our email as well as the Demand Letter from our Attorney, thereby deciding without membership approval to place the Club at legal risk by avoiding settling of this issue. In addition to the non-monetary request within the Demand letter, we are now also asking for our incurred attorney fees. We are not requesting any further damages until such time that we file suit. It is unfortunate that the entire DFWMGRC membership will be liable for the actions and decisions solely taken by the 2005 & 2006 DFWMGRC Boards. It is also unfortunate that the entire DFWMGRC membership is held accountable for the legal and financial liability based upon the ramifications of the Board's actions instead of the individuals on the DFWMGRC Board who made those decisions violating the Club's Constitution and Bylaws.

 

Page 3 of 3

For those new members or those members who don't personally know us, we have been members of the GRCA and DFWMGRC since 1995. Alan has served on the DFWMGRC Board 3 times, in the capacity of Vice President and Member At Large. Alan had also served as the DFWMGRC Specialty Show Chairman, as well as Chief Ring Steward multiple years. Alan also wrote the DFWMGRC Column for the Golden Retriever News for quite a while. Ellen was active with Rescue when Rescue was still affiliated with the DFWMGRC serving on the Rescue Board for one year and was active in Fund Raising selling raffle tickets and selling/mailing the DFWMGRR tee shirts. Ellen also served on the DFWMGRC Public Education and Puppy Referral Committee for ten years since we had joined the DFWMGRC in 1995 until July 2005. Our daughter Melissa had earned the DFWMGRC Junior Showmanship Trophy for multiple years and was a top ranked Golden Retriever Junior nationally including winning Best Junior Handler at the 2001 Golden Retriever Club Of America National Specialty.

At this time, we ask that the DFWMGRC membership direct the DFWMGRC Board to comply with the Demand Letter request and that the DFWMGRC Board take full responsibility for their unconstitutional actions. We further request that when and if that compliance is met, the DFWMGRC membership also direct any past, current or future officers that are/were members of the 2005/2006 DFWMGRC Boards to refrain from instigating any future actions against us including but not limited to any retaliatory punitive actions against us. We should all be very concerned being represented by a Board of Directors that has a majority vote within themselves who perform actions that violate the DFWMGRC Constitution and Bylaws to further their own agenda against any specific member(s). You could be next.