WILLIAMSPORT – A New Jersey woman who claimed that her exotic emotional support cat was taken from her possession, relocated to a rescue facility and that she was assaulted by the facility’s owners, is now seeking a default judgment.
Catherine DeLucia of River Vale, N.J. first filed suit in the U.S. District Court for the Middle District of Pennsylvania on April 25 versus T&D’s Cats of the World, LLC, Terry Mattive and TJ Mattive, all of Penns Creek.
“On or about June 5, 2021, plaintiff purchased ‘Bentley,’ an exotic cross-breed Savanna/Egyptian Mau cat, for $8,000 from a seller in Russia. Bentley had been born on April 13, 2021. Getting Bentley brought to the United States was administratively intensive and extremely expensive. For example, plaintiff had to obtain a passport for Bentley,” the suit said.
“Plaintiff is Bentley’s registered owner, and Bentley is identifiable by plaintiff’s photographs and veterinarian's records. Moreover, on May 4, 2021, Bentley received a Russian microchip implant numbered 643094800142058. Plaintiff has Russian export documents that show that she is the owner of the cat with that chip. If that chip has not been removed or replaced, it will positively identify Bentley. Bentley was delivered to plaintiff at her home in Pearl River, N.Y. on or about June 22, 2021. Plaintiff owned that home.”
The suit added Bentley is the plaintiff’s Emotional Support Animal under, among other laws, the Air Carrier Access Act, and lived together in the plaintiff’s home for two months, forming a bond.
“During that period, plaintiff’s husband brought a string of unfounded criminal accusations against plaintiff, resulting in plaintiff being detained without being arrested. When plaintiff tried to return to her property in Pearl River, she found that her husband had changed the locks and had obtained an order of protection against her. Over a period of about 11 months, plaintiff was unable to gain entry to her home and property except for two occasions with police escorts to obtain her belongings. While inside, she found that her husband had had her belongings boxed up, and that some of her belongings were missing. Moreover, she was unable to locate Bentley. She then learned that Bentley had been found and turned over to a New York animal rescue organization for safekeeping, and that that organization had turned Bentley over to defendants, all with no consultation with her,” the suit stated.
“Plaintiff then went to defendants’ zoo, where she saw Bentley confined to a small cage where he appeared to be skinny and in ill health. When plaintiff attempted to retrieve Bentley, the Mattive defendants verbally threatened and physically assaulted and battered her, pushing her so that her body impacted the ground, leading to emotional and physical injury. Plaintiff has been unable to retrieve Bentley and she believes that defendants are still illegally holding Bentley in captivity in their zoo. Defendants benefit from illegally holding Bentley in captivity in their zoo.”
UPDATE
The plaintiff followed up her complaint with a request for entry of default on June 5, given that the defendants have not yet put forward a response filing.
“On May 5, 2023, plaintiff filed her complaint and proof of service for all defendants on May 11, 2023 reflecting service of the complaint upon each defendant on May 9, 2023. No defendant has filed an answer, motion or any other responsive pleading to the complaint. No defendant is an infant or incompetent or presently in the military service of the United States. Accordingly, each defendant is in default and plaintiff is entitled to entry of a clerk’s certificate of default for each defendant,” the filing said.
For counts of conversion, civil theft, replevin, assault, battery, intentional infliction of emotional distress and negligent infliction of emotional distress, the plaintiff is seeking temporary, preliminary and permanent injunctive relief, and all available damages, interest, and attorneys’ fees and costs, including but not limited to punitive and exemplary damages.
The plaintiff is represented by Darius A. Marzec of Marzec Law Firm, in Brooklyn, N.Y.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 4:23-cv-00748
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com