WILLIAMSPORT – An animal rescue facility and its owners have denied allegations they illegally held a New Jersey woman’s exotic emotional support cat and assaulted her when she attempted to retrieve it, but rather, were holding onto the cat after state law prohibited the plaintiff from possessing it.
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 defendants answered the complaint on June 6, contradicting the plaintiff’s narrative of the events in question. Notably, the answer pointed out that the cat in question is an African Serval, and that the plaintiff’s possession of that breed is strictly prohibited by state law in both New Jersey and New York.
According to the defendants, authorities took possession of the cat and placed it within their custody, in compliance with the aforementioned law. The answer also levied a counterclaim of battery against the plaintiff.
“Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff’s claims are preempted by federal and state law in that it is unlawful for her to possess an African Serval. Plaintiff lacks standing to assert her claims in that it is unlawful for her to possess any African Serval. Plaintiff’s claims fail due to her failure to join an indispensable party, to wit, the federal and/or state agencies which removed the African Serval cat from her possession and transferred it to the defendants. The plaintiffs’ damages, if any, suffered by plaintiff are the result of the actions of third parties over whom defendants had no control or right of control in that such third party misrepresented to plaintiff that she was purchasing an Egyptian Mau when in reality she was purchasing an African Serval. Plaintiff’s African Serval cat she refers to as Bentley was seized by governmental authorities in New York State because it is unlawful to own an African Serval in New York State,” per the answer’s affirmative defenses.
“Plaintiff’s African Serval cat she refers to as Bentley was, after its seizure by governmental authorities, placed into the possession of Friends of the Furry and Feathered, 10846 Route 234, Hunter NY. After Friends of the Furry and Feather confirmed that the cat was indeed an African Serval, the African Serval plaintiff refers to as Bentley was transferred to T&D Cats. Unlike New York State or New Jersey, a properly permitted facility in Pennsylvania may house an African Serval. Defendant T&D is licensed by the United States Department of Agriculture and possesses a Special Permit issued by the Commonwealth of Pennsylvania permitting it to house Servals. Defendants have confirmed that the cat plaintiff refers to as Bentley is an African Serval. Defendants are precluded by law from transferring the African Serval plaintiff refers to as Bentley to plaintiff’s possession because she lacks the necessary Licensing and Permits to lawfully possess the animal.”
In a June 16 reply filing, the plaintiff denied the counterclaim of committing battery.
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 are represented by Michael Zicolello of Schemery & Zicolello, in Williamsport.
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