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HACHI (Hobo) SUPPORTERS! If you made a cash, check or PayPal contribution towards Hachi’s (Hobo’s) care, to ANY organization besides Mutts and Mayhem anytime in 2017 or 2018, we would like to hear from you!  Please email charitablegiving@muttsandmayhem.org
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Ann Ennis Barbara Sternberg Cheryl Zink Christina Goin Cindy Murray Clark Trobaugh Cynthia Carruthers Cynthia Murray David Dahlstrom Debra Autrey Debra Collins Denise Benningfield Donna Beathard Doreen Simonian Edith Silverman Eileen Haley Elaine Lewis Ginny Queen Glen and Selena Schmidt Greg Tanner Heidi Andersen Holly Porter Jan Castellano Jeanine Blackburn Jerry Mann Kacy L Hendricks Kathy Clements Kathy Webster Kim Jones Kris Jacobs Lana Kaiser Laurie Baker Layce Westbrook Linda Berry Linda Geer Lisa Dixon Loretta Bass Marie Haga Mark Underwood Michael & Jessie Reed Nancy McDown Paige Segovia Patricia Carey Paula Love Peggy Parson Rhonda Lawrence S Kishk Shelly Gonzalez Stacy Levin Sue Kuehn Susan Ellis Suzanne Houston Tammy Nickens Tammy Phillips Tara Wright Terresa Sanchez Terrie Barnes Tiffany Duran Traci Glover Virginia Queen Vivian Croft
>  Our Mission >  Meet the Team >  Corporate Sponsors >  Financial Reports >  News/Media/Press Releases >  Privacy Policy >  Record Retention Policy >  Legal/STS vs. MMESAR (Hachi)
To read about Hachi’s entire journey, please visit Hachi’s Group Page on Facebook.
July 4, 2018 Ennis Daily News article shows where STS is soliciting funds from Hachi’s capture when he was not in their possession or care.  The author never contacted MMESAR to validate the information contained in the article and many of the facts outlined in the article are not accurate.  Evidence will show that STS was allegedly contacting multiple media outlets and talk shows such as Ellen DeGeneres immediately after capture.  MMESAR never accepted media requests for interviews because we were focused on Hachi and his critical medical care.  Not publicity.    Selena Schmidt, MMESAR’s President, and active duty Paramedic, is also being inappropriately sued in her individual capacity because she is personally fostering Hachi.  Corporate officers are not personally liable for torts of the corporation unless duty of care was breached, in which it was not.  Hachi is being provided with exemplary rehabilitation, love and care in Selena’s foster home.  Selena Schmidt is being named in this suit as a personal attack.
DETAILED FACTS
Here are a few important facts to make note of when reading through the mountain of legal documents.   If you have been following the case, check out the LATEST case information.
Plaintiff’s original petition and all subsequent petitions after, state that STS had an agreement with MMESAR over the care and custody of Hachi.   Details of this “agreement” are expressively outlined in the court documents but below is a summary. The community began tagging MMESAR on social media asking for our help in capturing Hachi since other organizations had been unsuccessful. In finding out that a humane organization was already involved in the efforts, we reached out to STS as a professional courtesy.  It is important to note that MMESAR does not need anyone’s permission to capture a stray dog at large in the state of Texas, however we are professionals and we believe in building coalition partnerships, which help make us stronger in accomplishing our goals.   MMESAR was informed by Streets to Sheets that they did not have the funding for Hachi’s expensive care, nor did they have a foster home that could handle an elusive rehabilitation case.  STS went on to explain that they have been reaching out to multiple rescue organizations trying to find someone to take Hachi long term in the event that “they” captured him themselves.  (See Exhibit F, Pg 44) MMESAR explained at that time that we could only commit to two weeks of veterinary care and rehabilitation, but that we would do everything in our power to make arrangements to intake Hachi long term.  Until those arrangements could be made, the plan in the interim would be to transfer Hachi to Streets to Sheets after two weeks of care, and MMESAR would help them fundraise and find an adequate foster.  Prior to capture, MMESAR was successful in making those permanent arrangements for Hachi and that information was known by all parties involved.  Mysti Boehler was still on vacation so we continued communicating to the public that we would be transferring Hachi to STS in two weeks, in order to lessen any public confusion until she (STS) returned from vacation. Thinking all is well two days after capture, Streets to Sheets became very aggressive in their communications, claiming that “they deserve the credit for the capture because of all the time they spent trying to capture him” (written statement), and began demanding Hachi be transferred to STS immediately regardless of his dire medical state.  STS completely dismissed that MMESAR had already made arrangements to care for Hachi long term,  they disregarded the fact that he still needed thousands of dollars in medical care that they did not have the funding for, and they did not have an adequate medical and rehabilitation foster home.   It was then very obvious that STS had malicious intent and they  were outraged that MMESAR was getting publicity on social media, which became their motive for demanding Hachi be transferred. 
The Plaintiff’s original petition also stated that 3rd party Tammy Dupal with Twisted Tails Animal Rescue signed a sworn affidavit that they were “acting as an agent” on behalf of Streets to Sheets when collaborating with MMESAR in the boots on the ground capture of Hachi, also claiming “they“ alone captured Hachi by pulling a rope attached to MMESAR’s trap.  *As you will read in the court document, an animal is not successfully captured in our trap when the rope is pulled because our door does not latch or lock.  Until an MMESAR Capture Team member secures and locks the trap door, that animal is not considered captured due to the high potential of escape by design of our custom trap.  Once we provided the Plaintiff with an exhibit of a written transcript communication between Selena Schmidt and Tammy Dupal (attached), proving that Twisted Tales was perjurious in their affidavit, and in fact was NOT acting as an agent for STS, the Plaintiff amended their petition again withdrawing that claim, because it was proven to be a lie.   This transcript has other information you will want to pay attention to.  (See Exhibit H, Pg 47-50)
Since the first story was proven not true, the Plaintiff then amended their petition (Plaintiff’s first Amended Petition) claiming that they captured Hachi once before underneath a building but that he escaped.  They also claimed that they had video evidence of this “capture”.  This is another fictitious story created in a desperate attempt to claim ownership/possession.  The public at large knows for a fact that this “capture” never happened.  They made many attempts at capturing Hachi, but they were never successful.  In addition, the original petition never mentioned this fictional capture, nor did the Plaintiff ever post this spurious “capture” on social media.  In fact, we have evidence of  them stating just the opposite.   (See Page 4, Paragraph 10... and EVIDENCE Page 5-6)
The Plaintiff’s third amended petition now claims that the video taken by STS once capturing Hachi (Hobo), was suddenly deleted by Facebook.  Facebook does not delete videos.  Most of the evidence that you will see in these documents was deleted from social media by the Plaintiff prior to them knowing we already had the evidence.  This has been a common practice since day one. 
On November 5th, 2018 was a hearing for our Motion for Summary Judgment.  The judge cited that there were too  many fact issues to rule on, so he sent the case to trial.   The Plaintiff has filed yet another Motion for Summary Judgment as if there are suddenly no fact issues.  Each time the Plaintiff files something new with the court, it costs MMESAR thousands of dollars.  (See document 2018.1127)
YOU Decide!
March 1, 2019,  Plaintiff filed another amendment, “Plaintiff’s Fourth Amended Petition” This amendment removed their claim for $100,000 but seeks a judgment for the Plaintiff’s attorney’s fees even though the Plaintiff is being represented pro-bono. 
Alleged Perjury Evidence  (Boehler, Castillo, Matthews)
             July 1, 2019, Defendants file a “Motion for Adverse Instruction on Spoliation of Evidence”.  Throughout MMESAR’s forensic investigation during the course of litigation,MMESAR discovered that STS’s intentionally destroyed evidence that would have proven that their legal claim was completely fabricated.  This document will also show evidence that the Plaintiff mechanically altered sworn witness affidavits.
              MMESAR’s attorneys discovered months later that STS, Dupal and/or their attorney mechanically and intentionally altered sworn witness affidavits and filed both documents with the court as authentic documents several months earlier, but we didn’t catch it and neither did the court clerk.   Look closely, it is very easy to miss. 10/02/2018, A mechanically altered witness affidavit for Andreas Dupal was filed with the court (see the date mid paragraph, page 14)  10/29/2018, The unaltered witness affidavit for Andreas Dupal was filed with the court (see the date mid paragraph, page 12) *Aggravated Perjury is a Third Degree Felony in the State of Texas
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