Wednesday, February 20, 2019

Petland Novi is court ordered to provide a list of their breeders



Petland Novi is court ordered to provide a list of its breeders, brokers and employees for the past five years.

Today, attorney Jenifer Measel prevailed during the second hearing in the Rose vs Petland Novi case. Judge Phyllis McMillen ended the “discovery battle” by offering time for the attorneys to hammer out a list of questions not fully answered. During that time, Petland’s attorney was ordered to provide additional information, as well as, deposition dates.

According to court documents, a Northville family purchased a sick puppy that passed an antibiotic resistant Campylobacter infection on to the owner requiring time off of work and medical treatment.

Petland Novi has stonewalled the buyers since the lawsuit was filed in November by refusing to provide complete answers to questions regarding the store’s business practices and not providing deposition dates. Instead, Petland Novi is attempting to dismiss the case suggesting it is “over pleaded” with eight counts, 118 witnesses, including Bob Gatt, the Mayor of Novi and that the couple may have contracted campylobacter while dinning out.

Measel reminded the court this is a Toxic Tort case and everyone in the chain will be sued. She noted that the CDC investigated the campylobacter outbreak across the country in 2016-17 tracing the source to Petland stores. She will need to start by deposing, not only the pet store owner, Randy Horowitz, but two sales managers (Alayna Markle and Melissa Norvakowski) both of whom testified before the House Agriculture Committee in Lansing in support of legislation that would protect pet retail sales.

According to court documents, the Plaintiffs have asked for such items as…..

  • A list of breeders, brokers or other entities Petland has acquired animals from along with all acquisition records

  • A list of employees, including bookkeepers, payroll, human resources, record keeping, inventory employees and those responsible for purchasing puppies.

  • List of records regarding animals with parvo, intestinal parasites, diseases or genetic abnormalities.

  • A list of veterinarians and technicians.

  • All vaccination and medical treatments.

  • A list of dogs euthanized.

  • A list of dogs presently housed at the store and veterinary clinic. 

Petland Novi was court ordered to provide a list of its breeders, brokers and employees for the past five years.

RELATED LINKS

Doug Rose vs Petland Novi complaint (Click here)

CDC investigation (Click here)

Notorious Ohio Puppy Broker Abe Miller Named as defendant (Click here)

Local 4 - Northville man alleges sick puppy bought at Novi pet store landed him in hospital (Click here)

Feb 20, 2019 Hearing Media Advisory (Click here)


Monday, February 18, 2019

Petland Novi due in court


Pet store stonewalls buyers by refusing to provide complete 
answers to questions regarding its business practices

MEDIA ADVISORY: February 18, 2019

CONTACT: Pam Sordyl, 734-718-7100, pamsordyl@gmail.com

NOVI, MICHIGAN – The third Petland Novi civil case is headed for hearings on Wednesday, February 20, 2019 at 8:30 am at the Oakland County Circuit Courthouse (located at 1200 Telegraph Rd, Pontiac, MI) in the Honorable Judge Phyllis McMillen’s courtroom located on the third floor, room 3C.

According to court documents, a Northville family purchased a sick puppy that passed an antibiotic resistant Campylobacter infection on to the owner requiring time off of work and medical treatment. Link to press release.

The complaint (Doug Rose v Northlake Pets Inc, dba Petland Novi, Case No 2018-170078-NO) claims fraud, negligence and breach of contract as the dog was represented as healthy and fit for sale as a companion animal.

On Wednesday, the court will be hearing motions regarding Petland’s failure to provide answers to basic questions and repeated failure to provide deposition testimony.  These motions to compel were filed by the Haas & Goldstein law firm representing Plaintiffs Doug and Dawn Rose. The motion states “the Plaintiffs have been requesting dates for the depositions of Randy Horowitz who is the owner …, as well as, Alayna Markle and Melissa Norvakowski, …sales managers” and that the counsel for the defendants “refused to provide dates”.

The motion also states that the counsel for the defendants “refused to provide complete discovery responses...” and that “the Plaintiffs need such documents and information to adequately prepare for cross examinations of witnesses, case evaluations and trial”.

“It is clear the counsel for the defendants (Petland Novi), is engaging in a discovery shell game and purposely attempting to thwart Plaintiffs right to discovery. “
  
Members of Puppy Mill Awareness of SE Michigan will be attending the hearings. Link to Facebook event

Puppy Mill Awareness of SE Michigan recommends families adopt their next pet from their local shelter or Michigan Certified foster-based animal rescue organization - many of whom specialize in specific breeds.

Learn more about Puppy Mill Awareness.

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Families file lawsuit against Grandville puppy store, state investigates



Lawsuit claims The Barking Boutique knowingly sold puppies with illnesses violating the Consumer Protection Act

PRESS RELEASE: February 18, 2019 
CONTACT: Pam Sordyl, 734-718-7100, pamsordyl@gmail.com

GRANDVILLE, MICHIGAN – Four families who purchased companion animals from The Barking Boutique (2939 Wilson Ave SW Suite 104, Grandville, MI), have filed a lawsuit seeking monetary damages for fraud, breach of contract and multiple violations of the Consumer Protection Act after purchasing puppies. The Michigan Department of Agriculture and Rural Development has been investigating since November.

The lawsuit was filed on February 06, 2019 at the Kent County Circuit Court and assigned to Honorable Judge Paul J. Denenfeld. (Case Number 2019-01106-CZ)

The puppies that were purchased between May and October 2018 suffered from a range of issues, including giardia, kennel cough, pneumonia, and hypoglycemia - costing the plaintiffs thousands of dollars in veterinary care. The complaint also claims that DNA tests indicate that two of the puppies were not purebreds, as advertised, and one was not a “toy” poodle.

In one particularly heart-breaking case, a Grandville family purchased a Yorkshire Terrier puppy diagnosed with pneumonia, a virus, and hypoglycemia within two days of purchase, requiring 24 hours emergency care for four days. Link to the Mead’s experience.

The Plaintiffs are represented by attorney Eugenie B. Eardley of Eardley Law, a Rockford based law firm.

The named defendants in the lawsuit are The Barking Boutique LLC and owner/operator David Boelkes.

The law firm is asking the court for an injunction forbidding the defendants from selling animals during the pendency of the lawsuit.

State Investigations

The Barking Boutique is currently under a third investigation by the Michigan Department of Agriculture and Rural Development according to a recent records request response letter obtained by Puppy Mill Awareness of SE Michigan.  

“The investigation records you describe were compiled as part of a law enforcement investigation and disclosure of these records, while the matter is under investigation, would result in a chilling effect on the Department’s ability to undertake an unhindered and thorough investigation.”

This is the third investigation by the state of the store’s operations. The 2017 canine importation investigations resulted in an official warning letter being sent to The Barking Boutique. The department found that the store had failed to acquire veterinary certificates certifying that the puppies were properly vaccinated.

Puppy Mill Awareness of SE Michigan recommends families adopt their next pet from their local shelter or Michigan Certified foster-based animal rescue organization - many of whom specialize in specific breeds.

Learn more about Puppy Mill Awareness.


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