MIAMI — An equine sales company has lost its bid to have an amended complaint against a client upheld.
The U.S. District Court Southern District of Florida ruled Plain Bay Sales' motion improperly asks for a bond to be imposed against Zume Gallaher and Paulo Haunert and the court has denied any bond sought against Haunert. The plaintiff’s lack of evidence to support the claim that the defendant's eighth count was frivolous was not upheld.
Plain Bay Sales LLC filed a complaint on April 24 in the United States District Court of the Southern District of Florida against Gallaher and Haunert.
The plaintiff had filed an amended complaint Aug. 31, 2018, alleging three counts of breach of contract and seeking declaratory judgment and foreclosure against the defendants as well as alleging tortious interference with contract, business relationship, commercial defamation, conspiracy to interfere with contract and defame and violation of the Florida Unfair Trade Practices Act.
The plaintiff sold a horse to Gallaher and Haunert on March 15, 2018, and on March 16, 2018, the defendants alleged the horse was not suitable for purchase and demanded a refund of $950,000. Plain Bay Sales has refused to refund the purchase price. The defendants allegedly are responsible for caring for the horse and while the defendants have refused to accept the shipment of the horse they are obligated to pay for its care. The plaintiff alleges the defendants' trainer told the defendants misleading statements about the animal and persuaded them not to purchase it.
The defendants filed a counterclaim Dec. 12, 2018, against Plain Bay Sales, alleging the plaintiff fraudulently induced them to purchase the horse and, therefore, violated numerous laws.
The case was heard by U.S. Magistrate Judge William Matthewman.
U.S. District Court Southern District of Florida case number 9:18-CV-80581