Bring Home Dugan & Jake

Sequence of Events

Disclaimer: The following information is believed to be accurate and from sources deemed to be reliable. Court records are available on this site for additional reference.

December 2007

December 2 marks one year anniversary date since Sue Jordan of AZGRC took Dugan and Jake from a sobbing Joanne Williams at her Chandler home. (see December 2006 of timeline for additional information.)

November 2007

On November 26, Joanne’s attorney, Leonard V. Sominsky, files a Motion to Withdraw as Attorney of Record for Plaintiff due to an inability to pay future attorney fees and costs; Roger Hall, co-counsel for the Plaintiff remains as current counsel.
On November 16, the Court files an Order regarding AZGRC President Candy Ziemer’s phone records submitted for in camera review
On November 15, AZGRC’s attorneys files the Defendants’ Reply in Support of Defendants’ Rule 12(c) Motion for Judgment on The Pleadings re: Plaintiff’s Count Three for Violation of the Arizona Adult Protective Services Act, A.R.S. 46-451 et seq.
On November 15, AZGRC’s attorneys file the Defendant’s Reply to Rule 12(c) Motion for Judgment on the Pleadings to Dismiss Defendant Sheila Anderson; and Response to Plaintiff’s Motion for Leave to Amend
On November 14, the Court Hearing date for oral arguments is set for December 18th at 8:45 a.m.
On November 2, the Court files its Ruling on Plaintiff’s Motion for Reconsideration of Court’s Order of 3/16/07 (Denied)

October 2007

October 27 & 28 was the 14th Annual Blessing of the Animals and Pet Adoptathon at the Franciscan Renewal Center in Scottsdale and co-sponsored by PACC911. Joanne along with her mother, friends and supporters joined scores of Valley of the Sun pet owners in having their pets blessed in remembrance of St. Francis of Assisi, regarded as the patron saint of animals.

As stated on its website, PACC911 has sparked a new spirit of cooperation amongst the partnering humane community now working in harmony as PACC members! PACC leader and founder is Bari Mears.
Upon arrival at the event on Saturday, Joanne was introduced to Bari Mears, PACC911’s president and founder. Bari declined to discuss the Dugan and Jake situation with Joanne.
The PACC911 motto is “Uniting the Pet Rescue Community while going the extra mile!”
AZGRC’s board members and volunteers staffed an information booth at the event. AZGRC is a member of PACC911.
A color photograph of Dugan & Jake was used by Joanne during the 2 pm blessing ceremony as she has not been permitted by AZGRC to see her dogs for 326 days (as of 10/27/07).
Cards requesting blessings for Dugan & Jake were shared with many of the pet owners and rescue groups on-site Saturday afternoon. “I have tried everything to get my dogs returned to me,” explained Joanne. “Now I’m hoping everyone who understands how pets are family will help me ask a “higher authority” to bring home Dugan and Jake to me – they are my family…my babies.”

On October 23, Joanne’s attorney files a Response to Rule 12 (c) Motion for Judgment on the Pleadings to Dismiss Defendant Sheila Anderson; Motion for Leave to Amend Complaint.
On October 23, Joanne’s attorney files a Motion for Reconsideration of Court’s Order of March 16, 2007.
On October 17, Joanne’s attorney files a Response to Rule 12 (c) Motion for Judgment on Pleadings re: Plaintiff’s Count Three for Violation of the Arizona Services Act, ARS 46-451.

September 2007

On September 14, AZGRC’s attorneys file a Defendant’s Motion for Judgment on the Pleadings to Dismiss Defendant Sheila Anderson
On September 14, AZGRC’s attorneys file a Defendants’ Rule 12(c) Motion for Judgment on the Pleadings re Plaintiff’s Count Three for Violation of the Arizona Adult Protective Services Act, A.R.S. 46-451 et seq.
On September 13, the Ziemer’s personal attorney files a Defendant (AZGRC President Candy Ziemer) Motion to Seal (Ziemer’s telephone records)

August 2007

August 20 - The Court hears Oral Auguments on the Motion to Quash the subpoena for the cell phone records of Candy and Terry Ziemer. The preliminary indication is that the Court ruled in Joanne and her dogs' favor on releasing the phone records. These records will now be forthcoming directly from the service provider to Joanne's legal team. The official court documents will be posted on this website when available in public records.
While standing in front of the courthouse, Joanne's supporters collected over 100 signatures from the public on the petition to Arizona Attorney General Terry Goddard. An identical online petition is currently being signed by supporters across AZ, the USA, and around the World. Click here to go to the petition.
Fox 10 News broadcasts reports at 5 pm, 6 pm and 10 pm about Joanne's legal battle with the Arizona Golden Retriever Connection for the return of her golden retrievers.

July 2007

On July 24, the Court has set the Oral Arguments for August 20 at 1:30 p.m.
On July 16, Joanne’s attorney files a Response to the Motion to Quash.
On July 18, Joanne’s attorney files a Response to the Motion to Expedite
On July 18, the Court is notified of the Application for Substitution of Counsel for AZGRC:

Mathew Kelly of Mohr, Hackett, Pederson, Blakley & Randolph, PC leaves the case.
Kirsten L. Copeland and Marvin C. Ruth of Lewis and Roca, LLP are substituted as counsel of record for AZGRC.

June 2007

On June 25, the Ziemers’ personal attorney, Daniel D. Maynard of Maynard, Cronin, Erickson, Curran & Sparks, PLC, files a Motion to Quash the subpoena for the cell phone records.

The Ziemers also ask in the Motion for their attorney's fees to be paid by Joanne.
The Ziemers’ attorney also files a Motion to Expedite the Motion to Quash.

Behind the scenes work in preparing the case continues.
Requests for documents and discovery are issued.
Depositions are requested.
On June 7, a subpoena is issued for the cell phone records of Candy & Terry Ziemer.

May 2007

• On May 3, it was announced that...
“The court declines to award fees to AZGRC at this time. Since it appears that this case may have arisen out of contract, so that ARS § 12-341.01 may be applicable, an award of attorneys’ fees to the prevailing party at the end of the case (which could include fees related to the replevin hearing) may be appropriate.”
Case preparation begins and is ongoing

April 2007

On April 24:

Cara Liu’s report at the 10 pm KPHO-TV 5 news summarized Joanne’s emotional saga of her canine custody battle with AZGRC.
Attorney Roger W. Hall, of Buckley King, LPA, joins the legal team for Joanne on a pro-bono basis, after reading her story on azcentral.com.
Azcentral.com posts an update to its earlier story; bloggers continue to post.

On April 23, News Channel 3’s lead story at its 8 PM and 10 PM newscasts featured Brian Webb interviewing Joanne when they tried to visit her dogs at the foster home.
On April 20, the story is printed on page A-1 of The Chandler Republic newspaper. Follow up article in the Arizona Republic noting the public outrage over the story.
On April 19, the story regarding Dugan and Jake is posted on www.azcentral.com, generating the most reader messages in any blog to any article to-date.
On April 16, AZGRC’s attorney files its reply in support of application for fees, stating how filing this document incurred even more fees to be added, and called Plaintiff’s response an “attack on time entries” instead of what it was, a response.
On April 6, Joanne is interviewed by Edythe Jensen of the Arizona Republic.
On April 4, Joanne’s attorney files a response to application for attorney’s fees asking the court to deny the request as she filed her case “in good faith after all reasonable non-litigious methods of resolution have been exhausted.”

March 2007

On March 21, AZGRC files with the court a motion for Joanne to pay its attorneys’ fees, $10,299.50 (including a $2,500 courtesy discount to AZGRC by its law firm off of total bill of $12,799.50).
On March 16, in a hearing that lasted more than two hours, the replevin was denied by the Judge because there is “competing evidence.”
On March 12, a hearing is set by the court for March 16, 2007 at 11:00 a.m. for one hour.
On March 6, AZGRC files a request for a court hearing.
On March 5, Joanne’s attorney gets a letter from attorney Matthew Kelly, identifying himself as the new AZGRC attorney replacing Abigail Raddatz, and asking Joanne to withdraw her request for the replevin. This request is ignored as it asked for a response within 24 hours.

February 2007

On February 22, Joanne’s attorney files the case documents in Maricopa Superior Court: Complaint, Affidavit and Replevin (replevin means return of property as Arizona law considers the dogs as property).

AZGRC and Sheila Anderson are named as defendants, Sheila because she has physical custody of Dugan and Jake.
The court orders a “Replevin with Notice” and the defendants may request a hearing within 10 days.

On February 12, AZGRC’s attorney calls Joanne’s attorney to inform him that the AZGRC board members decide that they are keeping Dugan and Jake.

No explanation is given by the attorney as to the reason that AZGRC maintained this decision to not return Dugan and Jake to Joanne.

AZGRC board says it will make a decision at its meeting on February 9.
On February 5, a settlement conference is held at the law office of Mohr, Hackett, Pederson, Blakley & Randolph, P.C., with Joanne, her attorney, some members of the AZGRC board, Sue Jordan (the AZGRC volunteer who picked up the dogs on 12/2/06), and AZGRC’s attorney.

January 2007

On January 29, Arlene contacts Candy to schedule a meeting, however, Candy informs Arlene there is a settlement conference pending, asks Arlene to step back, thus there was no meeting between the GRCA-NRC rep and AZGRC.
On January 21, Arlene contacts Candy by cell phone, who is in Hawaii on a one-week vacation. Candy agrees that she and members of the AZGRC board will meet the week of January 29 with Arlene.
On January 20, Joanne meets in person with Arlene Blouch to share the details of her situation; Arlene agrees to make contact with AZGRC, clarifying the role of the GRCA-NRC is to guide, not dictate to golden rescues.
On January 18, Joanne speaks by cell phone with Arlene Blouch, the Western Regional representative for the National Rescue Committee of Golden Retriever Club of America, and requests her assistance.
On January 17, Joanne learns that Dugan and Jake have been placed with a woman who is mobility-impaired, and that she uses a walker and motorized scooter for mobility.
On January 17, Joanne’s attorney sends a letter of complaint to Maricopa County Animal Care & Control Director Dr. Rodrigo Silva and Alternative Placement and Shelter Support Supervisor Lily Long regarding the situation since AZGRC is an approved “New Hope Partner” with MCACC.
On January 16, Joanne’s attorney receives a letter from AZGRC’s attorney in which the following statements are made:

“AZGRC is unwilling to remove Dugan and Jake from their new home. It is AZGRC’s position that Williams entered into a valid, enforceable contract that effectively transferred ownership to AZGRC.”
“As you know, AZGRC agrees to refrain from engaging in any adoption of Jake and Dugan until after this dispute is resolved.”

On January 10, Joanne’s lawyer receives a written response to his demand letter of December 26. It states:

AZGRC board members will discuss the issue at the January board meeting, and
The AZGRC attorney, Abigail H. Raddatz, of the firm of Mohr, Hackett, Pederson, Blakley & Randolph, P.C. will communicate on behalf of AZGRC regarding the dispute.

On January 8, Joanne acts upon the suggestion of a friend and former AZGRC foster home member, and contacts Linda Arters, past president and a co-founder of AZGRC for her advice and assistance. Linda and Joanne were briefly acquainted several years earlier when Joanne was a member of and volunteer for AZGRC.

December 2006

On December 29, Joanne faxes a personal letter to AZGRC again pleading for the return of her dogs.
On December 26, her attorney faxes a demand letter to AZGRC President - Candy Ziemer requesting Joanne’s dogs be returned.
On December 21, Joanne retains an attorney, Leonard Sominsky, Esquire of the firm Lasiter & Sominsky, P.L.L.C.
Between December 18 and December 20, Joanne makes calls to the police department, the Arizona Attorney General’s office, and various attorneys seeking help.
On December 17, Candy calls Joanne and tells her the board’s answer is no.

Joanne pleads with her to let Dugan and Jake come home. Candy’s answer is “They are home.”
Joanne meets with her psychologist in emergency session because she is so upset by the board’s decision.

On December 16, Joanne calls Candy and leaves a message on her cell phone inquiring if she had an answer from the board yet.
On December 15, Joanne calls Candy and leaves a message on her cell phone requesting the opportunity to work the situation out.
On December 14, Joanne follows-up with another phone call to Candy to advise her of the letter en route; she leaves a voice mail message on Candy’s cell phone.
On December 14, Joanne mails a letter to the AZGRC board in advance of its December 16 meeting repeating her pleas for the return of her dogs.
After receiving no response to her repeated calls, Joanne begins to interview attorneys in case the AZGRC board remains firm in its decision to not return her dogs.
On December 11, she calls Candy on her cell phone again and leaves a message.
On December 9th, Joanne drives to an AZGRC Santa Photos fundraising event in Peoria and pleads face-to-face with Candy for the return of her dogs.

Candy says she will take it to the next board meeting set for December 16.
Joanne shares with Candy (for the first time) about the loss of her baby during pregnancy, and the related anguish and distress, which she has been suffering.
Joanne calls Candy on her cell phone that same evening, leaving a voice mail message reiterating their earlier conversation.

From December 6 and December 8, Joanne makes six phone calls to Candy on her cell phone leaving voice mail messages four times. None of these calls are returned.
From December 5 to December 6, phone calls are exchanged between Sue and Joanne who continually pleads for her dogs back. On three audio-taped phone calls, Sue says she “will talk to the board.” Each time, Sue reports by phone to Joanne that the board's answer is “they will not return the dogs.”
On December 5th, Joanne calls Candy on her cell phone and requests to have her dogs back. Candy replies “OK, we’ll have to do it quickly.” and tells Joanne she will call her back. CANDY NEVER CALLS BACK JOANNE.
On December 3rd, after a sleepless night, Joanne calls Sue expressing her anguish over her dogs being gone.
On December 2nd, Sue picks up Dugan and Jake from Joanne Williams’ Chandler home. Joanne signs two separate surrender forms, prepared in advance by Sue.

November 2006

Several phone conversations are held with Candy and Sue Jordan, another AZGRC volunteer.
AZGRC’s attempts to schedule a surrender date are postponed by Joanne.

October 2006

After weeks of grief and distress, Joanne seeks counseling for situational depression, anxiety, and post-traumatic stress.
She makes her initial phone inquiry to AZGRC President Candy Ziemer calling to Candy’s cell phone number, which was given to her by a former AZGRC foster home/member.

August 2006

During her five-month pre-natal check-up and ultrasound, Joanne Williams (and her boyfriend/baby’s father) is told her baby suffers from Trisomy 18 and there is no hope for the unborn child. A private burial service for the tiny infant is held.

References:
http://www.trisomy18.org/site/PageServer?pagename=parents_decisions
http://www.nlm.nih.gov/medlineplus/ency/article/001661.htm
http://www.emedicine.com/ped/topic652.htm