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Jury Trial - STS vs. MMESAR
Hearing - Plaintiff’s Motion for Summary Judgment
Upcoming Case Events 
Date: TBA
May 20, 2019
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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 ......... Monthly 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
>  Our Mission >  Board of Directors >  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.
YOU... THE JURY  ***************************************** PLAINTIFF:  Streets to Sheets Animal Rescue vs. DEFENDANTS:  Mutts and Mayhem Emergency Search & Rescue and Selena Schmidt RE: HACHI (Hobo), CASE NO. 18-C-3491 ****************************************** In July 2018, we fell victim as defendants in a frivolous lawsuit over our capture and custody of a homeless stray dog at large from Waxahachie that we named Hachi (Hobo). We invite you to the inside of the case as we have published all of the court documents on our website, free to download, read and SHARE The Plaintiff in this case has distorted, omitted, and they have created a profoundly erroneous impression, while demanding that we transfer Hachi to them and pay them $100,000 for “damages”.  A dog whose adoption fee is only $200.00.  A dog of whom they have never touched, never owned, and whom they only want for malicious reasons.   This case is a battle against good and evil with motives of publicity, vindictive notoriety, personal financial gain, and no concern of Hachi’s best interest ever being considered by the Plaintiff.  This lawsuit’s mere existence makes that extremely obvious. In addition, the Plaintiff played no physical role whatsoever in Hachi’s safe capture and they have no rights to him.  Transferring Hachi would be a detrimental setback for him since at this stage of his rehabilitation. as he is thriving and extremely bonded with his foster family.  His foster family expressed their interest in adopting Hachi but the Plaintiff does not care.  They want him, even though they have never touched him, and they want MONEY!!! 
MAY 20
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 SHARE   so that the world can see the facts in this case, decide for themselves, and donate to help us fight for justice. 
LEGAL DOCUMENTS
Legal Fees Mutts and Mayhem has already incurred an expense of $27,250.44 in legal fees defending this injudicious case, and the expenses continue as we prepare for trial.  Regretfully, we are being forced to suspend our operations until this matter is resolved, as all of our funding has been depleted trying to maintain justice for Hachi.   When this matter is resolved, we can once again begin our critical operations of helping desperate animals in need!   We need to raise $45,000 in order to continue our defense and resume operations!   MMESAR’s President Selena Schmidt, and her husband Glen, made a generous donation of $10,000 towards our Legal Defense Fund!  Now we just need YOUR HELP   to take us the rest of the way!  We hope to recover our attorneys fees once we prevail at trial. The Plaintiff’s attorney is representing them “Pro-Bono” so they have incurred $0 expense in launching this preposterous lawsuit.  
WE NEED YOUR HELP! MMESAR has only one choice in this matter, to fight in our defense to allow Hachi to remain in our care, a dog that we captured, a dog whose life we saved, a dog that we lawfully own.  We never could have imagined we would ever be victims facing the burden of  an expensive corporate litigation defense, but we must stand up for what is right.  We must fight for justice, fight for the protection of a misled public, protect donors from fraudulent solicitations, prevent other organizations from falling victim of such financial scams and senseless lawsuits, and to protect the future work of MMESAR!
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 fight! Thank you so much for your support!
TRAIL BY JURY is scheduled for May 20, 2019. 
BUT, this will only be possible with YOUR HELP As you learn more, please consider making a contribution to help us continue our defense allowing Hachi to stay in our care.
Please  DONATE  to our Legal Defense Fund Even $5.00 will add up if enough people join in our defense.  Please help us!  Please help Hachi stay where he belongs.  Your contribution is tax-deductible!  CLICK HERE! Donor Advised/Restricted Funds for our Legal Defense Fund will remain restricted until this case has concluded and all legal expenses have been satisfied. Any remaining funds will be released from restriction and transferred to our Search, Rescue & Capture Program Fund. Details of the Fund will be available here as there are expense offsets
Contributions vs. Expenses  for Hachi Please see Hachi’s Donor Advised Fund page for more details and financial reports
2018.0820
2018.0912
2018.0914
2018.0918
2018.0918
2018.0919
2018.0924
2018.1012
2018.1016
= Important to Read
2018.1012
Exhibit A:  Affidavit of Selena Schmidt Exhibit B:  Affidavit of Dr. Kathy Rayner Exhibit C:  A true and correct copy of Plaintiff’s Second Amended Petition Exhibit D:  A true and correct copy of an email exchange between Mysti Boehler and Selena Schmidt, dated June 18, 2018. Exhibit E:  A true and correct copy of a Facebook post from Mysti Boehler’s Facebook Page, dated June 18, 2018 Exhibit F:  A true and correct copy of a Facebook post from Mysti Boehler’s Facebook Page, dated June 13, 2018 Exhibit G:  A true and correct copy of a Facebook post from Mysti Boehler’s Facebook Page Exhibit H:  A true and correct copy of excerpts from a Facebook message exchange between Defendant Selena Schmidt and non- party Tammy Dupal of Twisted Tails Animal Rescue Exhibit I:  A true and correct copy of a Newspaper Article Published by the Ennis Daily News, dated July 4, 2018 Exhibit J:  A true and correct copy of time-stamped photos depicting M&M’s surveillance cameras monitoring Hobo prior to his capture and depicting M&M’s custom built trap; date- stamped June 24, 2018 and June 25, 2018 Exhibit K:  A true and correct copy of photos depicting the moments following capture of Hobo Exhibit L-M:  A true and correct copy of photos taken by M&M depicting Hobo’s current healthy condition Exhibit N:  A true and correct copy of M&M’s most recent donor advised funds report for Hobo and M&M’s veterinary expenses
Pg. 24-28
Pg. 39-40
Pg. 41-42
Pg. 43-44
Pg. 45-46
Pg. 47-50
Pg. 51-52
Pg. 1-17
2018.0712
Pg. 18-23
Pg. 29-38
Pg. 55-56
Pg. 57-60
Pg. 61-63
Pg. 53-54
2018.1019
2018.1025
2018.1029
2018.1127
2018.1105
2018.1105
In the Plaintiff’s three amended petition’s to the court, their story continues to change with each amendment.  New stories have been created each time that we squash one of their allegations with evidence.  Yet, our position and story always remains the same.  We also learned that MMESAR is not the Plaintiff’s first humane nonprofit victims of this almost exact scenario, but we are the first to defend ourselves. 
IMPORTANT FACTS
Here are a few 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 we wanted to provide you with a summary.  The community begin 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 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 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” (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 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 documents, 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 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.
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.  The untruths continue and MMESAR and Hachi suffers at their hand.
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 trail.   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.  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. 
YOU Decide!
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
Emergency Search and Rescue
Mutts & Mayhem
a 501c3 nonprofit charitable organization dedicated to providing post trauma emergency search and rescue,  stray rescue, rehabilitation, & adoption to abandoned, neglected, and abused dogs and cats.
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