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CHARLOTTE SCHICKEDANZ and GALTEN FARMS LTD, Plaintiffs, vs. DARREN CHIACCHIA, LISA MARONG and INDEPENDENCE FARM LLC, Defendants.

 
 
No. 11-CA-003372A
 
COMPLAINT
 
COMES NOW Charlotte Schickedanz and Galten Farms Ltd hereinafter known as Plaintiffs and make the following Complaint against Darren Chiacchia, Lisa Marong and Independence Farm LLC, hereinafter known as Defendants, and allege the following:
 
PARTIES. JURISDICTION, AND VENUE
 
1. Venue is proper because pursuant to agreement the horses were. delivered to Defendants for training, boarding and sale at Independence Farm located at 6650 35th St N.W., Ocala, FL.
 
2. 6650 35th St N.W., Ocala, FL is where the horses were to remain as their primary place of shelter and training until sale.
 
3. Personal jurisdiction is proper because Independence farm and Darren Chiacchia conduct business in the state of Florida located at 6650 35th St N. W., Ocala, FL.
 
4. The claims hereinafter stated arose in whole or part in Marion County, Florida.
 
5. The Defendant, Darren Chiacchia is a legal representative of Independence farm, which has a primary location at 6650 35th St N.W., Ocala, FL.
 
6. Lisa Marong is the business manager for Independence farm.
 
7. Lisa Marong has operated from a desk in the office of Independence farm located at 6650 35th St N.W., Ocala, FL.
 
8. Lisa Marong has prepared and conveyed billing for Independence farm and Darren Chiacchia in regard to the Plaintiffs' horses.
 
9. This is an action for declaratory and injunctive relief and damages in excess of $15,000.
 
COMMON ALLEGATIONS
 
I0. The Plaintiffs and Defendants have regularly conducted business regarding horse sales since the early 1990s.
 
II. The business has been done by verbal agreement whereupon as a regular course of business the transactions have occurred as alleged in paragraphs twelve through fourteen, infra.
 
12. The Plaintiffs breed horses and deliver selected horses to the Defendants when ready for sale.  
 
13. Defendants' role is to care for, train, promote and sell the horses as quickly as possible.
 
14. As a result, Detimdants are paid a percentage of the sale price.
 
15. There are nineteen horses addressed iil this complaint that were delivered to the Defendants for training, promotion and sale.
 
16. The Defendants sold fifteen of these horses and received the entire sale price from the buyers.
 
17. The Defendants have retained the entirety of the proeeei:ls and refuse to pay the Plaintiffs their portion of the proceeds.
 
18. The Plaintiffs have demanded the return of the four horses remaining in the Defendants' possession. The Defendants refuse to return these horses to the Plaintiffs.
 
19. As a direct and proximate result of the Defendants' wrongful conduct as described in this Complaint, the Plaintiffs has suffered, and continues to suffer, damages. The exact amount of these damages are unknown but are reasonably believed to exceed $15,000.
 
CLAIMS FOR RELIEF
 
COUNT I: BREACH OF CONTRACT (AS TO ADCADIA GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
20. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
21. Acadia GS, a horse, was placed in the care of the Defendants, Independence Farm and Darren Chiacchia, as part of a contract for the purpose of training, promotion and sale;
 
22. Defendants sold Acadia and did not pay Plaintiffs.
 
23. The Defendants, Independence farm and Darren Chiacchia, sold Acadia GS for $30,000 or more prior to October 2010.
 
24. Defendants owe Plaintiffs $15,000 or more as their portion of the sale.
 
25. Plaintiffs have performed all condiiions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
26. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT II: BREACH OF CONTRACT (AS TO ACCLAIM GS, A HORSE)
(DEFENDANTS DARREN CHIACCHJA AND INDEPENDENCE FARM, LLC)
 
27. Plaintiffs reallege and incorporates by reference each and every allegation contained in paragraphs one through nineteen.
 
28. Acclaim GS, a horse was placed in the care of the Defendants, Darren Chiacchia and Independence Farm, for the purpose of training, promotion and sale.
 
29. The Defendants, Druren Chiacchia and Independence frum, sold Acclaim for $19,500 or more prior to October 2010.
 
30. Defendants owe Plaintiffs $10,000 or more as their portion of the sale.
 
31. Plaintifls have perfonned all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
32. Defendant, Independence farm and Darrell Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT III: BREACH OF CONTRACT (AS TO ALLADIN GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
33. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
34. Alladin GS, a horse, was placed in the care of the Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
35. The Defendants, Darren Chiacchia and Independence farm, sold Alladin GS for $35,000 or more prior to October 2010.
 
36. Defendants owe Plaintiffs over $15,000 as their portion of the sale.
 
37. Plaintiffs have performed all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
38. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by tailing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds. 
 
COUNT IV: BREACH OF CONTRACT (AS TO AZALEA GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
39. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
40. Azalea GS was placed in the care of the Defendants, Darren Chiacchia and Independence farm,, for the purpose of training, promotion and sale.
 
41. The Defendants, Darren Chiacchia and Independence farm, sold Azalea GS for $25,000 or more prior to October 2010.
 
42. Defimdants owe Plaintiffs $12,500 or more as their portion of the sale.
 
43. Plaintiffs have performed all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
44. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith. their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT V: BREACH OF CONTRACT (AS TO EILEEN GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
45. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
46. Eileen GS was placed in the care of the Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
47. The Defendants, Darren Chiacchia and Independence farm, sold Eileen GS for $30,000 or more on or before July 2009.
 
48. Defendants owe Plaintiffs $15,000 or more as their portion of the sale.
 
49. Plaintiffs have performed all conditions, covenants, and promises required ofthem to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
50. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintifl"s their portion of the sale proceeds.
 
COUNT VI: BREACH OF CONTRACT (AS TO ELECTRA GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
51. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
52. Electra GS was placed in the care of the Defendants, Darren Cbiacchia and Independence farm, for the purpose of training, promotion and sale.
 
53. The Defendants, Darren Chiacchia and Independence farm, sold Electra for $15,500 or more prior to October 2010.
 
54. Defendants owe Plaintiffs $7,750 or more as their portion of the sale.
 
55. Plaintiffs have performed all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
56. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT VII: BREACH OF CONTRACT (AS TO EMILA GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
57. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
58. Emila GS was placed in the care of the Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
59. The Defendants, Darren Chiacchia and Independence farm, sold Emila GS for $25,000 or more on or before July 2009.
 
60. Defendants owe Plaintiffs $12,500 or more as their portion of the sale.
 
61. Plaintiffs have performed all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
62. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT VIII: BREACH OF CONTACT (AS TO ERMENGELDO GS, A HORSE)
DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
63. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
64. Ermengeldo GS was placed in the care of the Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
65. The Defendants, Darren Chiacchia and Independence farm, sold Ermengeldo for $35,000 or more prior to October 2010.
 
66. The Plaintiffs are owed $17,500 or more as their portion of the sale. 
 
67. Plaintitis have perfonned all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
68. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT IX: BREACH OF CONTRACT (AS TO ETHAN GS, A HORSE)
DEFENDANTS DARREN CHIACCHJA AND INDEPENDENCE FARM, LLC)
 
69. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
70. Ethan GS was placed in the care of tlte Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
71. The Defendants, Darren Chiacchia and Independence tium, sold Ethan GS for $24,000 or more prior to October 2010.
 
72. Defendants owe Plaintiffs $15,000 or more as their portion of the sale. 
 
73. Plaintiffs have performed all conditions, covenants, and promises required of them be performed in accordance witl1 the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
74. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT X: BREACH OF CONTRACT (AS TO FERRARI GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
75. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraph one through nineteen.
 
76. Ferrari GS was placed in the care of the Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
77. The Defendants, Darren Chiacchia and Independence farm, sold Ferrari for $25,000 prior to October 2010.
 
78. Defendants owe Plaintiff$15,000 as their portion of the sale.
 
79. Plaintiffs have performed all conditions, covenants, and promises required of them to be performed in accordance with the terms of the contract, except for those terms the performance of which was excused, prevented, hindered, or frustrated by Defendant.
 
80. Defendants, Independence farm and Darren Chiacchia, breached their oral agreement with Plaintiffs by failing and refusing to perform in good faith their promise to sell the horse promptly and pay Plaintiffs their portion of the sale proceeds.
 
COUNT XI: BREACH OF CONTRACT (AS TO GIOVANNI GS, A HORSE)
(DEFENDANTS DARREN CHIACCHIA AND INDEPENDENCE FARM, LLC)
 
81. Plaintiffs reallege and incorporate by reference each and every allegation contained in paragraphs one through nineteen.
 
82. Giovanni GS was placed in the care of th11 Defendants, Darren Chiacchia and Independence farm, for the purpose of training, promotion and sale.
 
83. The Defendants, Darren Chiacchia and Independence fann, sold Giovanni for $29,000 on or before July 2009.
 
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