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Fox Creek Farm vs. Debra Wachter - the facts as of 7/20/09
Fox Creek Farm would like to thank all our fellow breeders for supplying affidavits
regarding their guardian programs. Fox Creek Farm was not asked to sign a
non-disclosure agreement. Therefore, not only are the facts of the case public knowledge,
we can also now give the details of the settlement that was reached. Unfortunately,
Debra Wachter has failed to abide by certain terms of the Settlement Agreement and has
published misleading information. Numerous letters have been sent to Debra Wachter's
attorney demanding that the violations and inaccuracies be corrected without success.
Therefore, Fox Creek Farm has determined that the most cost effective option available is
to inform the public of the facts. It is our experience that Debra Wachter does not abide
by her contractual obligations and agreements and that she takes personal credit for
accomplishments of others. This should be kept in mind when entering into a warranty
agreement for a puppy.
The history of the creation of the world's first litter of F1 mini Goldendoodles:
After extensive research and consultations with geneticists, reproductive vets, and
experienced breeders, Fox Creek Farm produced the world's first litter of F1 mini
Goldendoodles on 1/11/02. This litter was whelped out of Honey, an AKC Golden
Retriever that Fox Creek Farm purchased and gifted to Debra Wachter. Fox Creek Farm
hired the stud and paid all the expenses to create this litter including the fees for artificial
insemination, dew claw removal, vaccinations, dewormings, marketing, advertising, and
placement of these puppies. This litter was whelped at the home of Debra Wachter, but
was later moved to Fox Creek Farm's facilities. A large part of the lawsuit against Debra
Wachter was to achieve the removal of advertisements by Debra Wachter that she alone
produced the world's first litter of mini Goldendoodles. In the Settlement Agreement,
Debra Wachter agreed to use only the following statement, "The world's first litter of mini
Goldendoodles was born at our kennels on January 11, 2002 to our female Golden
Retriever, Honey". The extent of Debra Wachter's involvement in the creation of this litter
was that 1) she cared for Honey as her pet, 2) she allowed Honey to whelp this litter in
her home, and 3) she cared for the puppies until they were moved to Fox Creek Farm's
facilities. Debra Wachter had no experience as a dog breeder. Debra Wachter is still
placing advertisements stating she created and/or produced the world's first litter of F1
mini Goldendoodles and that she has been producing Goldendoodles since 1/11/02. The
first litter of Goldendoodles Debra Wachter ever produced where she chose the parents,
bore all the expenses, and owned the puppies was in September, 2009 even though her
websites state she has been producing Goldendoodles since 2001. Debra Wachter's
advertisements violate the express terms of the settlement agreement and wrongfully
insinuate that she is responsible for the creation of the mini Goldendoodle.
Other details of the case and settlement are as follows:
Fox Creek Farm was able to gain temporary custody of Wachter's Amazing Grace
(owned by Debra Wachter) in August, 2008 as well as her litter of puppies as these
puppies were sired by one of Fox Creek Farm's studs and no stud fee was paid to Fox
Creek Farm. Once the puppies were weaned, Gracie was returned to Debra Wachter.
At the mediation hearing held on 4/13/09, Fox Creek farm was able to regain permanent
possession of two Goldendoodles produced in the Fox Creek Farm breeding program.
They are Fox Creek's Bambi and Fox Creek's Wandering Gypsy. Fox Creek Farm was
also given possession and ownership of 8 of Bambi's puppies that were 9 weeks old as
Bambi was bred while in Debra Wachter's custody against the wishes of Fox Creek Farm.
You will find a statement on one of Debra Wachter's websites saying that Bambi and
Gypsy were retired from her breeding program insinuating that she owned Bambi and
Gypsy and the accompanying breeding rights. This statement is not only misleading, but
the Settlement Agreement signed by Debra Wachter acknowledged that Bambi and
Gypsy, including breeding rights, are owned by Fox Creek Farm.
The return of Gypsy was one of our top concerns as she previously had one litter that
consisted of one deformed puppy while in Debra Wachter's custody. It was Fox Creek
Farm's decision to remove this dog from the breeding program and spay her. However,
she was bred again by Debra Wachter. Fortunately, Gypsy didn't conceive. Upon the
return of Gypsy to Fox Creek Farm via the Settlement Agreement, blood work showed
that Gypsy had an abnormal thyroid. Trouble conceiving and deformities in puppies are
symptoms of thyroid problems. Gypsy has now been spayed and will live out her life as a
pet without the risk of ever being bred again.
A third dog involved in this lawsuit is Lucy, one of the puppies in the World's first litter of
F1 minis that was created by and at the sole expense of Fox Creek Farm. Fox Creek
Farm agreed to allow Lucy live out her life with Debra Wachter pending the return of
Gypsy and Bambi. Lucy is 7.5 years old and beyond the recommended safe breeding
age for a female dog according to each veterinarian consulted by Fox Creek Farm,
including Debra Wachter's veterinarian. Unfortunately, Fox Creek Farm learned that Lucy
whelped a litter after the settlement date. According to Debra Wachter's website, Lucy
has whelped two litters in the past eight months is still shown on Debra Wachter's
websites as a "parent" dog.
Other items in the settlement concerned the removal of all photos taken by Fox Creek
Farm that were being used on one of Debra Wachter's websites without the permission of
Fox Creek Farm. Three of these photos were of the first litter of F1 mini Goldendoodles
ever produced and credit for the creation of this litter was not given to Fox Creek Farm on
Debra Wachter's website. In addition to the return of the above mentioned canines and the
removal of these photos, Debra Wachter agreed to make two payments of $5,000 to Fox
Creek Farm on 5/13/09 and 6/13/09. The photographs have been removed and the
payments have been made.
Lessons learned to pass along to other breeders who use guardian homes for some of
their breeding dogs are:
Place only one dog in any particular guardian home to minimize the damages if the
guardian doesn't comply with the guardian agreement in place.
.
Have an attorney in your state review your guardian contract to ensure its enforceability.
Again, Fox Creek Farm wishes to thank all its fellow breeders that offered their advice,
support, and affidavits during our lawsuit against Debra Wachter.
regarding their guardian programs. Fox Creek Farm was not asked to sign a
non-disclosure agreement. Therefore, not only are the facts of the case public knowledge,
we can also now give the details of the settlement that was reached. Unfortunately,
Debra Wachter has failed to abide by certain terms of the Settlement Agreement and has
published misleading information. Numerous letters have been sent to Debra Wachter's
attorney demanding that the violations and inaccuracies be corrected without success.
Therefore, Fox Creek Farm has determined that the most cost effective option available is
to inform the public of the facts. It is our experience that Debra Wachter does not abide
by her contractual obligations and agreements and that she takes personal credit for
accomplishments of others. This should be kept in mind when entering into a warranty
agreement for a puppy.
The history of the creation of the world's first litter of F1 mini Goldendoodles:
After extensive research and consultations with geneticists, reproductive vets, and
experienced breeders, Fox Creek Farm produced the world's first litter of F1 mini
Goldendoodles on 1/11/02. This litter was whelped out of Honey, an AKC Golden
Retriever that Fox Creek Farm purchased and gifted to Debra Wachter. Fox Creek Farm
hired the stud and paid all the expenses to create this litter including the fees for artificial
insemination, dew claw removal, vaccinations, dewormings, marketing, advertising, and
placement of these puppies. This litter was whelped at the home of Debra Wachter, but
was later moved to Fox Creek Farm's facilities. A large part of the lawsuit against Debra
Wachter was to achieve the removal of advertisements by Debra Wachter that she alone
produced the world's first litter of mini Goldendoodles. In the Settlement Agreement,
Debra Wachter agreed to use only the following statement, "The world's first litter of mini
Goldendoodles was born at our kennels on January 11, 2002 to our female Golden
Retriever, Honey". The extent of Debra Wachter's involvement in the creation of this litter
was that 1) she cared for Honey as her pet, 2) she allowed Honey to whelp this litter in
her home, and 3) she cared for the puppies until they were moved to Fox Creek Farm's
facilities. Debra Wachter had no experience as a dog breeder. Debra Wachter is still
placing advertisements stating she created and/or produced the world's first litter of F1
mini Goldendoodles and that she has been producing Goldendoodles since 1/11/02. The
first litter of Goldendoodles Debra Wachter ever produced where she chose the parents,
bore all the expenses, and owned the puppies was in September, 2009 even though her
websites state she has been producing Goldendoodles since 2001. Debra Wachter's
advertisements violate the express terms of the settlement agreement and wrongfully
insinuate that she is responsible for the creation of the mini Goldendoodle.
Other details of the case and settlement are as follows:
Fox Creek Farm was able to gain temporary custody of Wachter's Amazing Grace
(owned by Debra Wachter) in August, 2008 as well as her litter of puppies as these
puppies were sired by one of Fox Creek Farm's studs and no stud fee was paid to Fox
Creek Farm. Once the puppies were weaned, Gracie was returned to Debra Wachter.
At the mediation hearing held on 4/13/09, Fox Creek farm was able to regain permanent
possession of two Goldendoodles produced in the Fox Creek Farm breeding program.
They are Fox Creek's Bambi and Fox Creek's Wandering Gypsy. Fox Creek Farm was
also given possession and ownership of 8 of Bambi's puppies that were 9 weeks old as
Bambi was bred while in Debra Wachter's custody against the wishes of Fox Creek Farm.
You will find a statement on one of Debra Wachter's websites saying that Bambi and
Gypsy were retired from her breeding program insinuating that she owned Bambi and
Gypsy and the accompanying breeding rights. This statement is not only misleading, but
the Settlement Agreement signed by Debra Wachter acknowledged that Bambi and
Gypsy, including breeding rights, are owned by Fox Creek Farm.
The return of Gypsy was one of our top concerns as she previously had one litter that
consisted of one deformed puppy while in Debra Wachter's custody. It was Fox Creek
Farm's decision to remove this dog from the breeding program and spay her. However,
she was bred again by Debra Wachter. Fortunately, Gypsy didn't conceive. Upon the
return of Gypsy to Fox Creek Farm via the Settlement Agreement, blood work showed
that Gypsy had an abnormal thyroid. Trouble conceiving and deformities in puppies are
symptoms of thyroid problems. Gypsy has now been spayed and will live out her life as a
pet without the risk of ever being bred again.
A third dog involved in this lawsuit is Lucy, one of the puppies in the World's first litter of
F1 minis that was created by and at the sole expense of Fox Creek Farm. Fox Creek
Farm agreed to allow Lucy live out her life with Debra Wachter pending the return of
Gypsy and Bambi. Lucy is 7.5 years old and beyond the recommended safe breeding
age for a female dog according to each veterinarian consulted by Fox Creek Farm,
including Debra Wachter's veterinarian. Unfortunately, Fox Creek Farm learned that Lucy
whelped a litter after the settlement date. According to Debra Wachter's website, Lucy
has whelped two litters in the past eight months is still shown on Debra Wachter's
websites as a "parent" dog.
Other items in the settlement concerned the removal of all photos taken by Fox Creek
Farm that were being used on one of Debra Wachter's websites without the permission of
Fox Creek Farm. Three of these photos were of the first litter of F1 mini Goldendoodles
ever produced and credit for the creation of this litter was not given to Fox Creek Farm on
Debra Wachter's website. In addition to the return of the above mentioned canines and the
removal of these photos, Debra Wachter agreed to make two payments of $5,000 to Fox
Creek Farm on 5/13/09 and 6/13/09. The photographs have been removed and the
payments have been made.
Lessons learned to pass along to other breeders who use guardian homes for some of
their breeding dogs are:
Place only one dog in any particular guardian home to minimize the damages if the
guardian doesn't comply with the guardian agreement in place.
.
Have an attorney in your state review your guardian contract to ensure its enforceability.
Again, Fox Creek Farm wishes to thank all its fellow breeders that offered their advice,
support, and affidavits during our lawsuit against Debra Wachter.