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IN THE 1ST JUDICIAL CIRCUIT COURT FOR THE COUNTYSTATE OF MICHIGAN OF HILLSDALE
DANA NESSEL, ATTORNEY GENERALOF THE STATE OF MICHIGAN,
Plaintiff, V PAUL STEURY, Defendant. Ashlee N. Lynn (P78789) Darrin F. Fowler (P53464) Assistant Attorneys GeneralMichigan Dep't of Attorney General Corporate Oversight DivisionP.O. Box 30736 Lansing, MI 48909(517) 335-
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No. 19- -CP
HON.
ATTORNEY GENERAL'S COMPLAINT FOR INJUNCTIVE RELIEF ANDCIVIL FINES
Attorney General Dana Nessel, by and through Assistant Attorneys General Ashlee N. Lynn and Darrin F. Fowler, brings this Complaint for Injunctive Relief and Civil Fines and states as follows:
I. Introduction
- "A puppy mill is an inhumane high-volume dog breeding facility that churns out puppies for profit, ignoring the needs of the pups and their mothers. Dogs from puppy mills are often sick and unsocialized. 1 "
- A puppy mill is different from a legitimate and responsible licensed breeding operation. Puppy mills do not follow the law and have a high disregard for the health and safety of the animals. All they are concerned about is making the most money with the least amount of due care for the animals.
- Paul Steury runs a puppy mill. He has sold sick puppies and dogs that were raised in an unclean and ill-kept environment. When he had some pups that reached an age where he believed they had no salable value, he shot them. He has shown disregard both for consumers and the animals he sells. Through this lawsuit the Attorney General asks the Court to shut down this puppy mill.
II. Parties and Venue
- Attorney General Dana Nessel brings this civil action on behalf of the People of the State of Michigan and is authorized to bring this action
(^1) https://www.humanesociety.org/all-our-fights/stopping-puppy-mills
history, breeding the dogs without obtaining the proper license, and also selling dogs to pet stores without obtaining the proper license. Within this Complaint, Peter Miller shall be referred to as "Miller."
- Due to the troubling nature of the allegations, the Attorney General began informally gathering information about Steury and Miller. IO.An affidavit was obtained from Katrina Stillwagon, the president of the Monroe SPCA, who had previously filed a complaint with the Monroe County Sheriffs Office. (See Katrina Stillwagon's Affidavit, attached as Exhibit 1.) Within this Complaint, Katrina Stillwagon shall be referred to as "Stillwagon."
- This prompted the Attorney General to file an Ex Parte Petition for Civil Investigative Subpoenas in the Hillsdale County Circuit Court, which was assigned docket number 19-728-CZ. Upon finding that probable cause existed, this Court authorized the issuance of civil investigative subpoenas and the Attorney General commenced an official investigation of Steury and Miller. The Attorney General also sent a Notice of Intended Action to both Steury and Miller advising them to cease and desist their unlawful business practices.
- The Attorney General issued investigative subpoenas to Steury and Miller. On October 16, 2019, Miller and Steury complied with the subpoenas that were issued. Both appeared at the Attorney General's Office
for investigative testimony and provided relevant business records in their possess10n.
- Through the investigation, the Attorney General determined that Miller's role in the puppy mill operation was minimal. The investigation reveals that Miller involvement was to drive Steury to meet with consumers and pet stores that were interested in purchasing Steury's dogs. Due to the rather small role of Miller, the Attorney General has a tentative agreement with Miller whereby he agreed to pay a civil fine in the amount of $250.00 and to no longer drive or deliver any goods for any animal operation. Therefore, Miller is not a named Defendant in this Complaint.
- The investigation is now complete. The Attorney General found sufficient evidence to conclude that Steury was engaged in the unfair trade practices described in the Ex Parte Petition. 15.As elaborated below, the Attorney General has probable cause to believe that Steury has engaged in patterns of misconduct constituting violations of multiple provisions of the MCPA. In numerous instances, evidence suggests Steury sold dogs that were sick and provided falsified documentation regarding health and vaccination history. Also, Steury sold dogs to pet stores and has bred dogs, all without the requisite licenses to do so. 16.As documented through consumer complaints, affidavits, testimony, and records obtained under the investigative subpoenas, Steury has engaged
Allegan Veterinary Clinic. All five puppies tested positive for Giardia and other health issues. (See Exhibits 1 and lA.)
- Steury provided individual health records for each puppy. (See Exhibit lB.) As the veterinarian at the Allegan Veterinary Clinic examined each puppy, she found that the health records were most likely false and that these puppies were not healthy, and possibly had not been vaccinated, as the health records had indicated.
- In March of 2019, Steury contacted Stillwagon proposing the sale of seven more puppies. On March 22, 2019 Stillwagon met with Steury at the Monroe SPCA and purchased all seven puppies for $2,000.00. The puppies were again in small, filthy, wire cages and smelled of urine and feces. Steury gave Stillwagon health records for each puppy. (Exhibit A.) 22.All seven puppies were taken to the Monroe Veterinary Clinic and examined by Dr. Bhupinder Pelia. All seven puppies tested positive for Giardia and appeared to be malnourished. (See Exhibits 1, 1D, lE and IF.) The veterinarian determined that these puppies were not healthy, and possibly had not been vaccinated, as the health records supplied by Steury had indicated.
- As she was attending the veterinarian examination Steury called Stillwagon about another puppy for sale with some eye issues. Stillwagon met with Steury later that day and Steury said he had been using Cannabidiol 125 on this puppy's eyes. Steury did not provide any health
records to Stillwagon regarding this puppy. A vision test was done on the puppy and the veterinarian determined that his eyes most likely had been damaged due to a non-veterinary prescribed treatment, possibly the Cannabidiol 125. (See Exhibits 1, lG and lH.)
- On April 11, 2019 Stillwagon met with Steury again to purchase three more puppies. Again, the puppies were kept in the back of the van in small, filthy cages, smelling like urine and feces. Steury gave Stillwagon health records for the three puppies. (Exhibit 1.) 25.Stillwagon took the puppies to the Monroe Veterinary Clinic where they were examined by Dr. Bhupinder Pelia, who found that all three puppies tested positive for Guardia. (See Exhibits 1, lJ and lK.) The veterinarian determined that the individual health records provided by Steury were likely false and that these puppies were not healthy, and possibly had not been vaccinated, as the health records had indicated.
- On July 18, 2019 Steury invited Stillwagon to his property to purchase sixteen dogs. While on the property, Steury told Stillwagon that his two sons lived nearby and housed even more of his dogs. (Exhibit 1.)
- Stillwagon purchased all sixteen dogs. The Michigan Humane Society took five of the dogs and Stillwagon took the remaining eleven to the Monroe Veterinary Clinic. Dr. Bhupinder Pelia examined the dogs and found that many of them tested positive for Giardia, Coccidia, and other health problems. (See Exhibits 1, IL and lM.)
Stillwagon at the Monroe SPCA. Each record included a specific schedule for different vaccinations, but no name or breed were listed, meaning that these health records were not pertaining to any specific dog. (See Exhibits 1 and IN.) When asked about these records Steury indicated that even though there were no names or identifying features of a particular dog listed on the health records he knew that the vaccination records were correct because, "I do every puppy and every dog." (Exhibit 2, p 43.) Steury admitted that adult dogs would have a different vaccination record than the puppies. (Exhibit 2, pp 43-44.) Therefore, the health records here should have been varied due to the fact that the fifteen dogs purchased in this instance were not all puppies, and as such they would not have had the same vaccination schedule. Steury was unable to articulate why all fifteen health records were the same. Furthermore, Steury was unable to recall which dogs he sold to Stillwagon when he provided the health records to her, which is indicative of the fact that Steury is providing health records to consumers without knowing or verifying that they are accurate.
- Steury testified that he does not always provide health records to consumers, and does so only when he is asked for them specifically. (Exhibit 2, p 20.) Upon information and belief, upon receiving such requests Steury has fabricated health records based on his assumptions.
34.ln the state of Michigan, a dog that is four months old or older must have the rabies vaccination. MCL § 287 .266. Steury testified that he just now started to administer rabies vaccinations for his dogs and that he was not aware of this requirement prior to becoming a licensed breeder with the Department of Agriculture and Rural Development (MDARD). (Exhibit 2, p 32.) Therefore, the puppies that Steury has been selling to consumers have been bred from unvaccinated adult dogs. B. Not acquiring the proper licenses
- In Michigan a large-scale dog breeding kennel license is required when you have 15 or more dogs that are being used for breeding purposes. MCL 287.339(d). Additionally, a breeder must have a license in order to sell directly to a pet store. 9 CFR §2. l(a)(l). Therefore, Steury was required to obtain a license through the MDARD to breed his dogs and also through the United States Department of Agriculture in order to sell his dogs to pet stores.
- Steury indicated to Stillwagon that he was selling his dogs to pet stores in the general area. Stillwagon specifically went to one of the pet stores and saw a puppy that she knew Steury previously had in his possession. (Exhibit 1.)
- Steury testified that he sold dogs to a pet store in the area several times. (Exhibit 2, p 21.) Steury also admitted that he did not have the requisite license through the United States Department of Agriculture to sell
40.Additionally, due to the unsanitary conditions that Steury had the animals living in prior to the state's involvement, and the lack of vaccinations and proper veterinary care, Steury is also in violation of the Michigan Penal Code, Section 750.50(2)(a), for failing to provide the dogs with adequate care. Adequate care is defined in the statute as, "sufficient food, water, shelter, sanitary conditions, exercise, and veterinary attention in order to maintain an animal in a state of good health." MCL 750.50(1)(a). 41.As stated in section IV(A) above, Steury did not provide proper vaccinations or veterinary care. Also, Steury admitted that his puppy mill has not always been clean. During his testimony he stated, "[t]hat was our goal, but we do organic produce and we get busy through the summer." (Exhibit 2, p 16.)
- The unsanitary conditions were also observed by Stillwagon. When Stillwagon visited Steury's property she saw more than one hundred dogs being kept on the premises in filthy conditions, covered in feces and urine, some of which were housed outside with no protection from the elements. (Exhibit 1.) 43.After examining the dogs that Stillwagon bought that day it was Dr. Pelia's professional opinion that "the puppies were not kept in healthy or sanitary conditions." (See Exhibit lM.)
COUNT I-CLAIMS REGARDING THE CONDITION OF THE DOGS
- The Attorney General incorporates paragraphs 1 through 43 above as though fully set forth here.
- Steury's actions, as set forth in sections IV(A) and IV(B) above, are unfair trade practices under MCL 445.903(1)(e), (s), (bb), and (cc), through breeding and selling dogs that were sick, providing falsified documentation regarding health and vaccination history, selling the dogs to consumers without having a license, and breeding the dogs without having a license. 46.Steury's misconduct is a persistent and knowing violation of the MCPA. Under MCL 445.905 the Attorney General may also seek civil fines for persistent and knowing violations of the MCPA, as well as attorney fees. 4 7. For this Count, the Attorney General seeks civil fines and injunctive relief. COUNT II- PUBLIC NUISANCE
- The Attorney General incorporates paragraphs 1 through 4 7 above as though fully set forth here.
- Steury's admission of killing dogs simply because he could not sell them, as set forth in section IV(C) above, is an admission of conduct in direct violation of the Michigan Penal Code, Section 750.50b. The Attorney General has the power to enforce criminal statutes through civil litigation. This is done under the nuisance doctrine. See Attorney Gen. v. PowerPick
pet sto r es or other third partie s who int end to se ll them to consumers in this State; C. A civil fine of $25,000 for eac h vi olat ion th at is d eter mined to be pe rsistent a nd knowin g, as au tho ri zed by MCL 445.905(1); D. The Attorney General should be awa rd ed her cost s a nd attorn ey f ees ; E. Awa rd suc h ot her re li ef as th is Co ur t dee ms just and appropriate.
Date: Dece mb er 19, 2019
Respect fully s ubmitted , DANA NESSEL Attorn ey Gen e ral
AsAssi hl sta ee N. Ly nt Attorney nn (P78 Gen 789) era l Corporate Overs ight Division P.O.Lan s (^) ingBox , MI (^307 ) (517) 335-76 32
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- On February 16, 2019 Miller arrived without Steury at the onroe SPCA with five (5) puppies. I tried to negotiate ·a lower price, which Mill r told me he could not accept on behalf of Steury. I then bought the five (5) puppie from. Miller for $1,250.~0.
- The President of Luvnpupz, Carri Shipaila arrived at Monr e SPCA to help me transport the.five (5) puppies to the Allegan Veterinary Clinic. eterinary records have been included 0.s Attachment A. For identification purpos s, this group of puppies were named the ''Backstreet Boys".
11. All of the puppies tested positive for Giardia and a host of o her issues.
- I received individual health records for all five (5) puppies, ncluded as Attachment B. The veterinarian could not verify that the puppies had ctually been given the vaccinations that the health records indicated they had r ceived and could not verify that the correct breed had been listed. The veterinaria did conclude that the ages of the puppies did not match the health records.
- In Ma:rch I was contacted by Steury regarding another pot tial sale of
seven (7) puppies that were Newfoundland and Poodle mixes (Newfy-po s) that
were 10-12 weeks of age. I negotiated a price for all seven (7) in the am unt of
$2,000.00.
- On Friday March 22, 2019 I met Stem-y and Miller at the
SPCA t~ purchase the puppies. Carri Shipaila was also present, along ith
volunteer Rhonda Hannahs..^ The seven .(7) puppies were in the back of he van,
again in filthy, wire cages, and also some plastic carriers. The cages/carri rs were
too small for the puppies; as they could not stand up or turn around easil , if at all.
- I could immediately smell urine, feces and vomit when Ste_ opened the back door. The puppies were all huddled together, completely frozen and quiet. · Steury ripped the puppies from the cages, injuring one in the process, an handed them to us. We brought them inside the Monroe SPCA to quarantine th m. I paid $2,000.00 for the seven (7) puppies. For identification p1upoaes, these pu pies are referred to as "The Millers".
- I noticed that there were some other cages in the back of th vehicle, one with a young German Shepherd mix inside, with vomit dripping fro visibly dirty and very still. The carrier was too small for this dog as I ob erved the dog hunched over, not being able to sit up straight. I later learned that t also another puppy behind him in the small carrier. I offered to buy the erman
Shepherd mix puppy but was told by Miller, who stayed in the vehicle, t
three puppies in the van, (1 could only see one), were already promised t someone
in Ypsilanti. Steury then gave me the individual health records for all s ven (7)
puppies. The individual health records are :included as Attachment C
- Steury closed the door of the vehicle and stated he had mor puppies for sale and possibly some adult dogs as well. I tried to get as much ici mation from him as possible regarding the 9reeds and health of the individual ogs. Steury tried to sell me a Red Stud Poodle for $1,500.00 and as incentive he sai
