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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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Glen & Selena Schmidt Susan Ellis Edith Silverman Vivian Croft Rhonda Lawrence Kim Jones Sue Kuehn Tammy Nickens Doreen Simonian Elaine Lewis Patricia Carey Tammy Phillips Lana Kaiser Christina Goin Suzanne Houston Jan Castellano Cindy Murray Ann Ennis Kacy Hendricks Debra Collins Jeanine Blackburn Terresa Sanchez Jessie & Michael Reed Lisa Dixon Stacy Levin Marie Haga Ginny Queen Shelly Gonzalez Layce Westbrook Debra Autrey Clark Trobaugh Holly Porter Jerry Mann Linda Geer Kris Jacobs John E. Murphy Greg Tanner David Dahlstrom Nancy McDown Loretta Bass Traci Glover Eileen Haley Cheryl Zink Susan Ellis Tiffany Duran Barbara Sternberg Mark Underwood Laurie Baker Denise Benningfield Kathy Webster Paula Love Virginia Queen Cynthia Murray Heidi Andersen Donna Beathard Kathy Clements Terrie Barnes S. Kishk
Jury Trial 
AUGUST 26
Jury Trial 
Index 
>  Our Mission >  Meet the Team >  Corporate Sponsors >  Financial Reports >  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.
Please reference the court documents and YOU decide!  Then PLEASE DONATE  to help us fight this absurd battle for justice!  No amount is too small!  As new documents are filed with the court pending litigation, we will post the official documents to our website and post an update to social media. This way YOU can see what’s happening behind the scenes and help us defend these fraudulent claims. Thank you so much for your support!
DETAILED FACTS
Here are a few important facts to make note of when reading through the mountain of legal documents.
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)
In addition to our defense, we have a counterclaim for the Donor Advised/Restricted Funds that the Plaintiff unlawfully solicited, collected and continues to hold. Financial gifts that donors generously provided for the care of Hachi.  These funds were solicited for months for an animal not in their custody.  This is illegal. State law governs gift restrictions, and it is required by law to use restricted funds only for their purpose and maintain detailed records of such funds.  Since MMESAR has custody of Hachi and we are providing his care, the Secretary of State policy is that those funds should have been transferred to MMESAR and they were not.  We have provided our financial statements to the court from the very beginning, but after multiple requests for the Plaintiff’s financial statements regarding the funds they received for Hachi, they have refused to provide such records. 
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