This is an action in which Plaintiff seeks a permanent injunction against Defendant. Defendant asserts affirmative defenses and Article 78 claims as a counterclaim. Defendant withdrew his third defense. Plaintiff is the national governing body for equestrian sports in this country, and promulgates rules governing horse shows and competitions which are recognized by Plaintiff. Defendant was a member of Plaintiff and agreed to be bound by the rules.
Defendant is an accomplished equestrian who was a World Cup finalist several times.
In July 1994, Defendant and others were indicted by a grand jury of the United States District Court for the Northern District of Illinois for crimes involving the killing of four horses in order to collect insurance proceeds for the horses. Defendant admitted that he conspired with three others to kill a horse in order to enable one of them to file a false insurance claim as to that horse. Defendant further admitted that he told the horse killer to keep quiet about the people who hired the killer to slaughter the horses, and, if he kept quiet about Defendant's friends and business associates, Defendant would pay him money. Defendant also admitted that he later spoke with the horse killer and that Defendant said that he would kill the horse killer if he did anything to hurt Defendant. For purposes of this subsection, cruelty and abuse shall include, but shall not be limited to, any of the acts enumerated in Art.