UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 20-21746-CIV-MORENO

NATIONAL EQUESTRIAN LEAGUE, LLC 

and JUMPING CLASH, S.L., 

Plaintiffs,

vs.

KEEAN WHITE, ANGELSTONE FARMS, 

INC., MORRISEY MANAGEMENT GROUP, 

LLC, and MAJOR LEAGUE SHOW 

JUMPING LLC,

Defendants.

_________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND 

RECOMMENDATION AND DENYING MOTION TO DISMISS AND MOTION TO 

STRIKE AFFIRMATIVE DEFENSES

THE MATTER was referred to the Honorable Jonathan Goodman, United States 

Magistrate Judge, for a Report and Recommendation on Plaintiff's Motion to Dismiss 

Counterclaim, filed on July 23, 2021. The Magistrate Judge filed a Report and Recommendation 

(D.E. 138) on October 26, 2021. The Court has reviewed the entire file and record. The Court 

has made a de novo review of the issues that the objections to the Magistrate Judge’s Report and 

Recommendation present, and being otherwise fully advised in the premises, it is 

ADJUDGED that United States Magistrate Judge Jonathan Goodman’s Report and 

Recommendation is AFFIRMED and ADOPTED. Accordingly, it is

ADJUDGED that the motion to dismiss is DENIED and the Plaintiffs shall file an 

answer to the counterclaim by no later than December 21, 2021. 

Case 1:20-cv-21746-FAM Document 145 Entered on FLSD Docket 12/13/2021 Page 1 of 3
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The Report and Recommendation recommends denying the Plaintiffs’ motion to dismiss 

the counterclaim. Plaintiffs filed a limited objection to the Report’s recommendation that the 

motion be denied as to the Defendants’ tortious interference claim against Plaintiff 

JumpingClash, S.I. The claim alleges that Plaintiff JumpingClash tortiously interfered with a 

Collaboration Agreement between Defendant Angelstone Farms, Inc. and Plaintiff National 

Equestrian League. Plaintiff JumpingClash asserts that it is the controlling interest holder in 

National Equestrian League, such that it is also a party to the Collaboration Agreement and 

therefore, cannot be liable for tortious interference with a contract to which it is essentially a 

party. The Report finds that Defendant Angelstone sufficiently pled a claim for tortious 

interference because there is a factual dispute as to JumpingClash’s relationship with the 

National Equestrian League and whether by virtue of that relationship, it is also a party to the 

Collaboration Agreement. 

Plaintiffs’ limited objection argues that the Defendants’ Answers and Counterclaims, 

themselves, establish that JumpingClash is a controlling owner of National Equestrian League. 

The allegations in the counterclaim are that National “refused to pay Angelstone” based on an 

email from a JumpingClash advisor James Whisenand. Plaintiffs also cite to other statements in 

the counterclaim where individual Defendants met with the National Equestrian League and 

JumpingClash representatives when creating the equestrian league. Plaintiffs also cite to the 

Affirmative Defenses, which Plaintiffs claim treat JumpingClash and National Equestrian 

League as one in the same. Plaintiffs rely on affirmative defense number 6, which states that 

JumpingClash waived its interests in the copyrightable materials when it “abandoned the 

National Equestrian League project in December 2019.” Affirmative Defense Number 10 asserts 

that Plaintiffs’ claims of breach of contract are barred “to the extent that Plaintiffs breached the 

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agreements first[.]” Affirmative Defense number 12 states that Plaintiffs’ claim of breach of 

contract is barred because Plaintiffs “fail[ed] to provide Defendants with the necessary approvals 

or paperwork to perform under the agreement(s) and/or by abandoning the National Equestrian 

League project in December 2019.” Plaintiffs claim these defenses show that Defendants treat 

Plaintiffs as one in the same, and therefore, they cannot state a tortious interference claim. 

The Report found these allegations insufficient to recommend dismissal of the tortious

interference claim because the issue is a factual one best reserved for summary judgment or trial. 

The Court agrees with the Report’s recommendation. The Court will revisit the issue at summary 

judgment to determine whether JumpingClash is a party to the Collaboration Agreement by 

virtue of its affiliation with National Equestrian League and whether a tortious interference claim 

can survive summary judgment. It is also

ADJUDGED that the motion to strike the affirmative defenses is DENIED for the 

reasons stated in the Report and Recommendation.

DONE AND ORDERED in Chambers at Miami, Florida, this 13th of December 2021.

______________________________________

FEDERICO A. MORENO

UNITED STATES DISTRICT JUDGE

Copies furnished to:

United States Magistrate Judge Jonathan Goodman

Counsel of Record

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