Tuesday, June 7, 2011 – On June 7, 2011, at a Status Conference Hearing in Monroe County District Court a hearing date for the Intervening Parties' Motion to Intervene and the Petitioners' Motion for Access was scheduled for Wednesday, June 15, 2011.

Wednesday, June 15, 2011 – On Wednesday, June 15, 2011, the District Court granted Monroe SPCA and The Buster Foundation, Motion to Intervene, ruling the two organizations are proper parties to intervene in the case , pursuant to MCR2.209(1), Permissive Intervention, and thus permitting them to proceed in the case as Intervening Parties. The Court, however also granted the Petitioner's Motion for Access to the Dogs who at this time were still in the possession of the Intervening Parties and being cared for at a licensed boarding facility outside of Monroe County. The Court permitted the Monroe County Sheriff's Department to have access to the dogs for the purposes of observing and evaluating them, even though the Sheriffs' Office had already testified as to their findings and cause (Complaint and Petition to Euthanize) regarding the four dogs at issue and upon conclusion of their testimony, Assistant Prosecutor, Michael Brown had represented to the Court that the Petitioners "rest" in regards to the four dogs at issue (April 27, Transcript).

Wednesday, June 22, 2011 – On Wednesday, June 22, 2011, at a Status Conference Hearing in District Court, Petitioners' attorney, Assistant Prosecutor Michael Brown made an oral motion to have Monroe, Reilly, Dusty, and Razzle returned to the Monroe County Animal Control facility. The Petitioner's made this motion without notice to Monroe SPCA or the Buster Foundation, All four dogs were at this time thriving and since May 9 the dogs had been receiving shelter and care at a licensed boarding and training facility which was also owned and operated by a Buster Foundation board member and foster-care provider. The District Court directed the Intervening Parties to provide a written response to this motion within 24 hours, which they then did.

Thursday, June 23, 2011 – On Thursday, June 23, 2011, the Intervening Parties filed a response to the Petitioners' Motion to return the four dogs to the MCAC facility. In this response, the Intervening Parties made several arguments why the dogs should not be removed from the facility where they were thriving under the care of the Intervening Parties and attending veterinarians and pointing out the fact that the last time the dogs were in the custody of the County of Monroe, specifically at the Monroe County Animal Control facility, Monroe and Reilly had been severely injured and employees of the Petitioners had failed to provide any medical treatment whatsoever, including necessary emergency veterinary care, this being one of the primary reasons the District Court ordered the dogs transferred into the organizations' care on May 9. The other reason was cost of housing and care which Petitioners' attorney, Assistant Prosecutor Michael Brown had previously argued – numerous times - before the court as a reason the dogs should continue to be held at the MCAC facility.

Friday, June 24, 2011 – On Friday, June 24, 2011, Monroe, Reilly, Dusty, and Razzle were evaluated by two neutral evaluators, one primary and one assisting, retained by the Intervening Parties. Midway through performance of these court ordered evaluations, the Intervening parties were notified that despite their written objections to Petitioners' Motion, the District Court Judge ordered that the dogs be returned to the Monroe County Animal Control facility immediately (June 24, 2011 Order, part of the lower court record). The Intervening Parties were also informed at this time that MCAC personnel were already en route to pick-up the four dogs. Monroe SPCA and the Buster Foundation filed an Immediate Motion for Reconsideration asking that the court reconsider this decision while the evaluators continued their evaluations of the dogs. The court denied the Intervening Parties Motion for Reconsideration and reaffirmed its' decision that the dogs were to be returned to the Monroe County Animal Control facility.



To go back click here. |