Robert Ferrand Saddle Industry Insider 2995 Woodside Rd. Woodside, CA 94062
Oct. 15, 2013
PertriFlaherty John Sullivan P.O. Box 1318 Concord, NH 03302
Re: The issue is Failure to Disclose Material Facts – Specifically “Lack of Accuracy” Dear Mr. Sullivan,
Let me repeat: THE ISSUE is Dover Saddlery’s legal responsibility of disclosure of “material facts”.
NO THREAT HAS EVER BEEN MADE TO GO TO THE SEC, BECAUSE OF A LACK OF A CONTRACT, EXPRESSED OR IMPLIED.
This letter and the attached supporting 25 exhibits will clearly demonstrate that you have been misinformed by your client, Dover Saddlery. I take these accusations very seriously. I will dispel any doubt; anyone may have, by taking every accusation, one by one, and disclosing the facts with 25 supporting exhibits.
So we are clear, my motivation, as it has been for 20 years, is the welfare of the horses, paramount, and in turn the consumers who own them, as well as investors, so that there is a level playing field, for all parties.
Your client has “deep pockets”, so you are totally misstating my position in order to threaten me with a lawsuit that can bury me in legal costs. The truth is your client does not want to comply with the Laws of Physics and Physiology or the Uniform Commercial Code of the United States or the legal requirements of being a Publicly Traded Company (DOVR).
More importantly, Dover’s CEO, is trying to use a Cease and Desist letter to suppress the truth. This Cease and Desist letter, in and of itself, is evidence that I have something to say, that Dover Saddlery does not want anyone to hear. What does Dover Saddlery have to hide? Is there not a “requirement” for transparency?
On 6/5/2013 I wrote Dover’s CEO Mr. Steve Day, “Just as Dover Saddlery has just delayed filing Form 10-Q with the SEC because, "It is management's opinion that with this method there was not sufficient accuracy in the recording of the gift card liability account", Dover should also find that it is “management’s opinion that with DOVER'S CURRENT method OF SADDLE FITTING, there (IS) not sufficient accuracy” and this fact should also be disclosed to the Securities and Exchange Commission.
Mr. Day responded to me on 6/7/2013 stating “I will not be contacting the SEC with what I regard as your theories on saddle fitting. Dover Saddlery presents the empirically developed methodology which has hundreds of years of history behind it. I do not want to make enemies of one another.” (Exhibit B).
I wrote back to Mr. Day on 6/9/2013, “… just so there is not any confusion, and I do not misrepresent anybody can you explain what ‘the empirically developed methodology which has hundreds of years of history behind it’ actually means?” “In my 20 plus years of research, I have never come across such a citation, and I have been looking. If you have that information, I would really like to know what it is for my own education.” (Exhibit B).
With no response from Mr. Day, I followed up with him on 6/28/2013 with this simple question, “….. I have downloaded all the literature I think is available on the Dover Saddlery website relating to saddle fit, and I do not see anything that is an "empirically developed methodology which has hundreds of years of history behind it." So that there is no confusion here, can you please explain what I am missing? I also do not seek enemies; I only seek the truth, and a more practical method to fit saddles.” (Exhibit B).
Instead of asking “What are the saddle defects that you have found and what can we do to correct the problem?”, I received a “Cease and Desist” letter from you. Why? 1
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