Plaintiffs, Dr. Jackson Morgan and Carolyne Morgan (hereinafter “Morgans” or
“Plaintiffs”), by and through her attorneys, hereby file this Verified Complaint against
Defendant, Dr. Greg Staller (“Staller”), and aver as follows:
Plaintiffs purchased a 55% percentage of ownership in the horse known as Ecu 8 for 250,000€,
the value of which consisted of trading two horses known as Deveraux and Walsingham, and the
payment of 150,000€ . (Exhibit A).
4. A Bill of Sale was issued to Plaintiffs dated February 20, 2007.
5. In or about September, 2008, Plaintiffs were presented terms for the purchase of
another horse known as Florence 115; the terms of which included the trade of Ecu 8 as partial
consideration. (Exhibit B).
6. A bill of sale was issued for Florence 115 dated September 15, 2008.
7. As such, at all times relevant hereto Plaintiffs were owners of Ecu 8 and Florence 115.
8. Plaintiffs received information that Defendant, Dr. Staller, a horse veterinarian,
performed medical procedures on Ecu 8 and Florence 115 while Plaintiffs were owners of these horses.
9. In order to determine what procedures Dr. Staller performed on these horses,
Plaintiffs contacted him over the phone and requested the records.
10. Before Dr. Staller would tum over the records he requested that Plaintiffs provide
him proof of ownership of these horses.
11. On or about July 30, 2012 Plaintiffs provided to Dr. Greg Staller the Bills of Sale
for the horses Ecu 8 and Florence 115 as proof of ownership of the horses. (Exhibit C).
12. Dr. Staller did not turn over the records.
13. On November 7, 2012, Plaintiffs served a subpoena upon Dr. Greg Staller for the
production of the treatment records for Ecu 8 and Florence 115 in underlying action entitled
Morgan v. Parra, et al., and bearing Docket No.: L-235-11. (Exhibit D).
14. Given that the underlying action entitled Morgan v. Parra, et al., and bearing
Docket No.: L-235-11 was transferred to the Appellate Division, Plaintiffs withdrew the
subpoena by way of letter dated November 30, 2012, yet maintained a request that the
documents sought be produced by virtue of the Plaintiffs’ ownership ofthe horses and N.J.A.C.
13:44-4.9(f). (Exhibit E).
15. N.J.A.C. 13:44-4.9(f) mandates that copies of a licensee’s record or a summary
report of such record and copies of all pertinent objective data and papers pertaining to a given
patient, along with a key to any codes, abbreviations and non-English words appearing on such
record, date or papers, shall be furnished to the patient’s owed, a designated representative or a
designated veterinarian within 10 business days of a written request by the owner or duly
16. The physical condition, and hence value, of these horses are in dispute in the
underlying action, Morgan v. Parra, et al.
17. On November 30, 2012 Dr. Staller again acknowledged receipt of the Plaintiffs’
November 30, 2012 correspondence and again requested proof of ownership. In response,
Plaintiffs provided the requested documentation including the February 23, 2007 and September
15, 2008 Bills of Sale as well as the Court’s October 3, 2012 Order and Opinion recognizing
Plaintiffs as owners ofEcu 8 and Florence 115. (Exhibit F and Exhibit G).
18. Dr. Staller again ignored the request.
19. On or about December 5, 2012, Plaintiffs again sent Dr. Staller a written request
for the records of his treatment of Ecu 8 and Florence 115. (Exhibit H).
20. Dr. Staller has ignored all of Plaintiffs’ requests to obtain the documents relating
to his treatment of Ecu 8 and Florence 115.
21. Dr. Staller is in direct violation ofN.J.A.C. 13:44-4.9(f) that mandates because he
should have provided these records to Plaintiffs by the very latest, December 15, 2012, and
multiple times before.
22. Due to Dr. Staller’s reluctance to provide these fairly mundane, non-privileged
records to Plaintiffs to which they are entitled to by law, it is feared that he may destroy or
otherwise alter these documents to Plaintiffs’ detriment.
Defendant, Dr. Staller, to produce the requested documents relating to this treatment of Ecu 8
and Florence 115 and pay counsel fees and costs incurred in the within matter.
Anthony P. Seijas, Esquire
Attorney for Plaintiffs