Received JAN 31 2920 i South Strand Magis’ STATE OF SOUTH CAROLINA ) IN THE MAGISTRATE’S COURT ) CIVIL CASE # 2020-CV-261040008 COUNTY OF HORRY ) AMENDED ANSWER, MOTION TO DISMISS, COUNTERCLAIM, Jeremy Butts, Plaintiff ) MOTION FOR JOINDER OF PARTIES v ) Ginger Caramico Dba Grand Strand ) JURY TRIAL DEMANDED Golden Ret. Rescue ) Defendant was served with the Complaint on January 19, 2020, requiring me to answer withir ‘twenty (20) days from the date of service. | misunderstood and thought | had to answer within twenty (20) days from the date of fling of the summons and complaint, which was filed on January 3, 2020, so I filed my answer early and without time to fully respond. | am now filling my Amended Answer, Motion to Dismiss, Counterclaim, Motion for change of venue and impleader. |. NOTICE OF MOTION AND MOTION TO DISMISS A. Defendant has sued the wrong party |. The Defendant is sued as “Ginger Caramico Dba Grand Strand Golden Ret, Rescue.” At no time during or related to the events alleged in the Complaint did Defendant act in this capacity nor has she ever done so. . Grand Strand Golden Retriever Rescue (hereinafter GSGRR], incorrectly named by Plaintiff herein as “Grand Strand Goiden Ret. Rescue”, is a non-profit charitable organization organized and incorporated under the laws of the State of South Carolina and Is a U.S. Section 501(c}(3} public non-profit tax exerapt charity. A copy of Grand Strand Golden Retriever Rescue’s 503{c)(3) approval letter from the Internal Revenue Service is attached hereto and incorporated herein as Exhibit B Defendant is the SSESSaRUe nirecior of Grand Sirand Golden Retifaver Nescde, not an individual “Doing Business As Grand Strand Golden Ret. Rescue” and at no time during or related to the events alleged in the Complaint or herein, acted in her individual asa DBA, See Exhibit A 3¢ Sued the indoraet party for the allegations made in the Complaint, has / ollegéd iio Facts sufficient to state's claim Spon Which vellef eah Be grarited agatnst the! i‘Bea suied, and as such She must be! Defesidai hs Sopecte io wich she ‘dismissed from this action, with preji 8. The Complaint should be dismissed for failure to state a claim upon which relief can be granted Plaintiff alleges that he is the owner of or entitled to possession of property described as “tale Golden Retriever Dog", however he fails to give @ detailed description as is required by the rules of court and stated on the Complaint form that he completed and filed. Plaintiff alleges that “Ginger Caramico” is wrongfully withholding the dog, however Ginger Caramico ie Defendant does not and never has had possession of a dog belonging to Plaintiff. See Exhibit A. Plaintiff alleges that Defendant is withholding his dog from his because “She doesn’t like that | breed my Golden Retrievers.” ‘These allegations fail to state a claim upon which relief can be granted and thus this, action should be dismissed against Defendant, with prejudice. Hl ANSWER TO COMPLAINT I deny that | am responsible at all for the allegations stated in the Complaint for all of the reasons set out herein, but specifically as follows. As stated hereinabove | am the Executive Director of Grand Strand Golden Retriever Rescue (GSGRR). | have never acted in my individual capacity nor as a DBA in regard to the allegations of the Complaint. GSGRR is an all volunteer group based in Murrells Inlet, South Carolina, dedicated to the rescue, rehabilitation and placement of homeless Golden Retrievers into the best homes possible to ensure their lifelong loving care. GSGRR is a member of the National Rescue Committee of the Golden Retriever Club of America. GSGRR rescues most of the dogs it helps from government owned and operated shelters in South Carolina, North Carolina and Georgia. All of GSGRR’s support comes from donations; it receives no government funding to help the Golden Retrievers and other dogs it rescues. Grand Strand Golden Retriever Rescue is approved by APAWS to receive dogs from them to take into rescue, to rehabilitate whether that be in regard to medical issues, behavioral issues, other issues and to find adoptive homes for the dogs once their rehabilitation is complete i FeseUS dogs from APAWS, GSGRK has rescued approxinétely 10-15 dogs named Hampton that stated he was at Anderson County PAWS, which to my understanding is the Anderson County animal shelter. ‘The post stated that Hampton was a male Golden Retriever mix dog.In my capacity as Executive Director of GSGRR, | sent a Facebook Messenger message to Cheyenne Mulkey, hereinafter “Mulkey" the Rescue Coordinator at Anderson PAWS, telling her that if Hampton was available, GSGRR would rescue him. | then sent a Facebook Messenger Message to Randi Leigh Ashley, Adoption Supervisor at Anderson PAWS, hereinafter “Ashley’, stating that GSGRR could rescue both Hampton and another dog, named Dude. Ashley responded that she would let Cheyenne know and that the shelter was closed until Friday, December 27, 2019. Ashley then stated that ‘Cheyenne would not be back at work until Monday, December 30, 2019. On or about December 26, 2019, Mulkey sent a Facebook Messenger message to me saying that she thought Hampton had been injured and that she would let me know on Monday, December 30, 2019. Mulkey stated that Hampton's file said he had received pain medication, but that a veterinarian had not seen him and she was not sure if 2 veterinarian would come to the shelter the following day, December 27, 2019, to examine him. Mulkey told me that the officer who brought Hampton to the shelter said he had been hit by a car. We agreed the dog was In pain and it was a shame to allow him to continue in pain in the shelter because of the holidays. She stated “He {Hampton} comes off hold on Tuesday. But if you want him and can get him before then | will see if can get him medically released.” She then asked when GSGRR could pick up Hampton from the shelter if she could get him medically released. | responded that he could be picked up that afternoon, December 26, 2019 but she said that because the shelter was closed for the holidays Hampton could not be picked up until December 27, 2019 ass iia aa GRR BICKIRY Up-about 8:30 am on Friday, DecenibeF Chew mesemaranel: LA 6SGRR volunteer duly picked up Hampton from Anderson PAWS on December 27, 2019 and took him directly to The Animal Hospital at Liberty Highway in Anderson, South Carolina. There, Hampton was examined by a veterinarian who found that he had significant bruising with two (2) circular puncture wounds near his scrotum and that this area was very painful to Hampton. He also had ulcereted skin under and at the base of his tall. Hampton would not bear weight on his right rear leg and wes vocalizing his pain especially when it was attempted to lift his tail. The veterinarian performed x-rays that showed he had a ventral deviation of the first caudal vertebra and an ischial pelvic fracture with 3 bone fragments; the x-rays could not rule out a fracture to the sacrum due to overlying fecal matter. When additional x-rays were attempted, Hampton became increasingly painful, yelped and tried to bite. The veterinarian recommended surgery to repair the fracture, She gave Hampton an injection for pain and sent oral pain medications with him. The history given for Hampton included that the prior day he had vomited up a deer ear, deer teeth and deer fur ‘The volunteer who picked up Hampton from the shelter on behalf of GSGRR received from Anderson PAWS a printout of his medical summary report from the shelter as well ‘BE Bie document transferring legal ttle 6f Hampton from Anderson Couinty iS to Grand Seradd GOldan Retridver Rescuer GSGAR accepted ownership ofii frdm Anderson PAWS in good faith with thé understanding that Hampton was” ‘suffering ig gteatpalnat.the sneter without veterinary attention and thet Andersoi | PAWS released him and legally transferred ownership of Hampton to GSGRR’So that he “could receive immediaté veterinary attétition instead of continuing to languish in pain? 10. | am informed end believe that Anderson PAWS scanned Hampton for a microchip upon intake and found none because that is both their practice and required by the law of the State of South Carolina and that they would not have implanted a microchip in Hampton _lfhe already had one. sCamn also infornied and believe that Hampton was not wearing an 4 12g that would have inade it possible for Anderson PAWS to contact his 11. On Friday, December 27, 2019 at 4:43 pm I received an email from Ashley which she copied to Mulkey in which she stated that the “owner” of Hampton showed up at the shelter at 4:00 p.m. that day. She stated in the email that she explained to the “owner” that the shelter medically released Hampton to a rescue because the shelter could not provide the care that he needed. She stated that the “owner” asked why the shelter “gave his dog away and | told him it was either find an option for him or euthanize him as sitting here on pain meds until an owner ‘hopefully’ came was inhumane and cruel. 12. | do not and have never had physica! possession of Hampton and thus | cannot In my personal and individual capacity, in which | have been sued, return him to Plaintiff, assuming that Plaintiff could prove that Hampton was his dog before title to Hampton passed to GSGRR from Anderson PAWS/Anderson County. Wi, COUNTERCLAIM | am informed and believe that Plaintiff and/or his wife, Kristal Butts{fawedetamed ne. Ifso1 reserve the right to make a counterclaim against either SP 80th Gf them for defamatiog. Iv. NOTICE OF MOTION AND MOTION FOR JOINDER OF PARTIES Under Rule 19 of the South Carolina Rules of Ci rocedure, 1 hereby move to join the following parties as Defendants because they are necessary parties to completely adjudicate the matters herein if such is not dismissed: Anderson County, South Carolina, 2 political subdivision of the State of South Carolina; Anderson PAWS which | am informed and believe is a department of Anderson County, South Carolina and Kim Sanders, director of Anderson PAWS in her cepacity as director and in her individual capacity. 2. I move to join these parties because Anderson County Paws, under the direction of Sanders, legally transferred ownership of Hampton to Grand Strand Golden Retriever Rescue so if! amfound liable in any way to Plaintiff, these parties are essential because it was their actions in transferring Hampton to GSGRR that caused Plaintiff to initiate this lawsuit anc they will be Hable to me for my damages. Also | am informed and believe that Sanders has defamed.me both personally and in my capacity as Executive Director of Grand Strand Golden Retreiver Rescue respectfully request that this Honorable Court dismiss this case with prejudice, that if it is not dismissed that a jury trial be granted, that my counterclaim be aparoved, that the parties listed in Section V herein be joined and added to this lawsuit and required to defend, and for casts and attorneys’ fees. Respectfully submitted, Ginger Caramico, Defendant AMMBealiybrack Court Murrells inlet, SC 29576