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25 VERNONE. WOODWARD

JO MESSEX CASEY WOODWARD & CASEY, PLLC 10 North 27th Street, Suite 200

P. O. Box 1657

Billings, MT 59103-1657 Telephone: (406) 294-5585 Facsimile: (406) 294-5586

Attorneys for National English Shepherd Rescue

MONTANA THIRTEENTH JUDICIAL DISTRICT COURT, YELLOWSTONE COUNTY

PENNY S. RONNING et aI,

) ) ) ) ) ) ) ) )

Cause No. DV 09-1235

Judge Gregory R. Todd ANSWERS TO YELLOWSTONE COUNTY'S DISCOVERY REQUESTS

INTERROGATORY NO.1: Describe the procedure used by the National English

Plaintiffs,

vs.

YELLOWSTONE COUNTY et aI,

Defendants.

Placement of Love

Shepherd Rescue to place the dog named Love?

ANSWER: NESR applied the same procedure for placing Love as it does for other

English Shepherds. In Billings, each dogs' behavior was observed and assessed by NESR's

professional evaluator, in Love's case, Heather Houlahan. The needs of the dogwere based on

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WOODWARD & CASEY. PLLC Attorneys at Law

10 North 27· Street, Suite 200. Billings. Montana 59101

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25 observation and behavioral assessment Love was considered a dominant dog with pushy,

bullying behavior. Consequently, we decided that further assessment and training was needed

by an expert foster home capable of addressing Love's issues.

Applications for the adoption of Love were assessed by Kathi Tesarz, Douglas Surber,

Judy Hase and Heather Houlahan. Opinions regarding the adoption applicant's dog handling

ability were sought from Catherine Schaeffer as the professional coordinator having worked with

and observed handlers throughout the confinement of the dogs. Because of Love's dominance

and bullying issues and lack of improvement in her behavior during the previous seven months,

it was decided that none of the adoption applications from Love's volunteer handlers

demonstrated the ability to handle a dominant or bully type dog or to provide the training or

handling ability to address Love's issues. In addition, Love's dominance and bullying were of

particular concern because some of the applications indicated there were other dogs in the

adopters' home but gave no information about those dogs. None of the applications indicated any

experience with difficult dogs or in providing remedial training or rehabilitation. It appeared the

applicants' experience may have been limited to labs, golden retrievers and poodles which are

generally considered to be easy to handle compared to an ES.

INTERROGATORY NO.2: List the name, address and telephone number of every

person that has knowledge of the procedure used by the National English Shepherd Rescue to

place the dog named Love?

ANSWER:

Kathi Tesarz

1271 San Moritz Dr San Jose, CA 95132

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suite 200, Billings, Montana 59101

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408-937 -4911

Judy Hase

415 Springbrook Road, Myrtle Creek, OR 97457 (541) 863-6505

Catherine Schaeffer 2113 Walter Rd. Billings, MT. 59105 406-248-2388

Nancy Houtkooper 69498 254th Ave Wabasha, MN 55981 651-565-0050

Heather Houlahan

147 Community Center Drive Harmony, P A 16037 724-473-0079

Douglas Surber 192 Hall Dr. Orinda, CA 94563 925-323-1831

INTERROGATORY NO.3: List every exhibit (document or physical item) that you have that indicates the procedure used by the National English Shepherd Rescue to place the dog named Love?

ANSWER: 1) 2) 3) 4) 5)

Heather Houlahan's evaluations; Penny Ronning's evaluation; Application from Penny Ronning; Application from TIa Ronning; and Application from Kelly Dennehy.

REQUEST FOR PRODUCTION NO. 1: Produce every exhibit (document or physical item) that you have that indicates the procedure used by the National English Shepherd Rescue to place the dog named Love?

RESPONSE: See attached:

1) Heather Houlahan's evaluation

2) Penny Ronning'S evaluation;

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WOODW ARJ) & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suite 200, Billings, Montana 59101

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 21' Street, Suite 200, Billings, Montana 59101

3) Application from Penny Ronning;

4) Application from Ila Ronning; and 5) Application from Kelly Dennehy.

INTERROGATORY NO.4: Describe how Yellowstone County

participated in the placement of the dog named Love?

ANSWER: NESR obtained the names of volunteer handlers for Love and feedback regarding the abilities of volunteer handlers from Catherine Schaeffer.

INTERROGATORY NO.5: List the name, address and telephone number of every .person that has knowledge of Yellowstone County's participated in the placement of the dog named Love?

ANSWER:

Kathi Tesarz

1271 San Moritz Dr San Jose, CA 95132 408-937 -4911

Judy Hase

415 Springbrook Road, Myrtle Creek, OR 97457 (541) 863-6505

Catherine Schaeffer 2113 Walter Rd. Billings, MT. 59105 406-248-2388

Nancy Houtkooper 69498 254th Ave Wabasha, MN 55981 651-565-0050

Mark Murphy

Kevin Gillen

Ingrid Rosenquist Yellowstone County Attorney P. o. Box 35025

Billings, MT 59107

INTERROGATORY NO. 6: List every exhibit (document or physical item) that you have that indicates Yellowstone County participated in the placement of the

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suite 200, Billings, Montana 59101

dog named Love?

ANSWER: None.

REQUEST FOR PRODUCTION NO. 2: Produce every exhibit (document or physical item) that you have that indicates Yellowstone County participated in the placement of the dog named Love?

RESPONSE: None.

Placement of Joy

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INTERROGATORY NO.7: Describe the procedure used by the National English Shepherd Rescue to place the dog named Joy?

ANSWER: See response to Interrogatory No.1, above. Because of Joy's submissive nature, the lack of improvement in her behavior, and the apparent lack of understanding concerning bullying/submissive behavior, it was decided that none of the adoption applications from Joy's volunteer handlers demonstrated the ability to address her submissive behavior or to provide the training or handling ability to address Joy's issues. In addition, Joy's submissive behavior was of particular concern because some applications indicated there were other dogs in the adopters' home but gave no information about those dogs.

INTERROGATORY NO.8: List the name, address and telephone number of every person that has knowledge of the procedure used by the National English Shepherd Rescue to place the dog named Joy?

ANSWER:

Kathi Tesarz

1271 San Moritz Dr San Jose, CA 95132 408-937-4911

Judy Hase

415 Springbrook Road, Myrtle Creek, OR 97457 (541) 863-6505

Catherine Schaeffer 2113 Walter Rd. Billings, MT. 59105 406-248-2388

Heather Houlahan

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suite 200, Billings, Montana 59101

147 Community Center Drive Harmony, PA 16037 724-473-0079

Douglas Surber 192 HaUDr. Orinda, CA 94563 925-323-1831

Nancy Houtkooper 69498 254th Ave Wabasha, Jv.IN 55981 651-565-0050

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INTERROGATORYNO.9: List every exhibit (document or physical item) that you have that indicates the procedure used by the National English Shepherd Rescue to place the dog named Joy?

ANSWER:

1) Heather Houlahan's evaluation observations and assessment

2) Penny Ronning's evaluation; and

3) Application from Penny Ronning.

REQUEST FOR PRODUCTION NO. 3: Produce every exhibit (document or physical item) that you have that indicates the procedure used by the National English Shepherd Rescue to place the dog named Joy?

RESPONSE: See attached:

1) Heather Houlahan's evaluation

2) Penny Ronning's evaluation (in possession of County); and

3) Application from Penny Ronning.

INTERROGATORY NO. 10: Describe how Yellowstone County participated in the placement of the dog named Joy?

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ANSWER: NESR obtained the names of volunteer handlers for Joy and feedback regarding the abilities of volunteer handlers from Catherine Schaeffer.

INTERROGATORY NO. 11: List the name, address and telephone number of every person that has knowledge of Yellowstone County's participated in the placement of the dog named Joy?

ANSWER:

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suite 200, Billings, Montana 591 0 1

Kathi Tesarz

1271 San Moritz Dr San Jose, CA 95132 408-937-4911

Judy Hase

415 Springbrook Road, Myrtle Creek, OR 97457 (541) 863-6505

Catherine Schaeffer 2113 Walter Rd. Billings, MT. 59105 406-248-2388

Nancy Houtkooper 69498 254th Ave Wabasha, MN 55981 651-565-0050

Mark Murphy

Kevin Gillen

Ingrid Rosenquist Yellowstone County Attorney P. O. Box 35025

Billings, MT 59107

INTERROGATORY NO. 12: List every exhibit (document or physical item) that you have that indicates Yellowstone County participated in the placement of the dog named Joy?

ANSWER: None.

REQUEST FOR PRODUCTION NO. 4: Produce every exhibit (document or physical item) that you have that indicates Yellowstone County participated in the placement of the dog named Joy?

RESPONSE: None.

Yellowstone County Indemnification of National English Shepherd Rescue

INTERROGATORY NO. 13: Describe the facts that form the basis of your contention that Yellowstone County should indemnify the actions of the National English Shepherd Rescue?

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27'" Street, Suit. 200, Billings, Montana 59101

ANSWER: NESR acted at the request of Yellowstone County as expressed by members of the County attorney's office, including Kevin Gillen and Ingrid Rosenquist.

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INTERROGATORY NO. 14: List the name, address and telephone number of every person that has knowledge that Yellowstone County should indemnify the actions of the National English Shepherd Rescue?

ANSWER:

Mark Murphy

Kevin Gillen

Ingrid Rosenquist Yellowstone County Attorney P. O. Box 35025

Billings, MT 59107

Kathi TesarzlNESR Board of Directors 1271 San Moritz Dr

San Jose, CA 95132

408-937-4911

INTERROGATORY NO. 15: List every exhibit (document or physical item) that you have that indicates that Yellowstone County should indemnify the actions of the National English Shepherd Rescue?

ANSWER:

1) Letter from Kevin Gillen to Kathi Tesarz dated July 21,2009; and

2) Letter from Kevin Gillen to Kathi Tesarz dated July 24,2009.

REQUEST FOR PRODUCTION NO. 5: Produce every exhibit (document or physical item) that you have that indicates that Yellowstone County should indemnify the actions of the National English Shepherd Rescue?

RESPONSE: See attached:

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1) Letter from Kevin Gillen to Kathi Tesarz dated July 21,2009; and

2) Letter from Kevin Gillen to Kathi Tesarz dated July 24,2009.

INTERROGATORY NO. 16: List the name, address and telephone number of every expert witness you intend to have testify at triaL

ANSWER:

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suite 200, Billings, Montana 59101

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Kathi Tesarz

1271 San Moritz Dr San Jose, CA 95132 408-937-4911

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Heather Houlahan

147 Community Center Drive Harmony, PA 16037 724-473-0079

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Douglas Surber 192 Hall Dr. Orinda, CA 94563 925-323-1831

This response may be supplemented.

REQUEST FOR PRODUCTION NO.6: Provide the information required by Rule 26(b)( 4) of the Montana Rules of Civil Procedure for each expert witness you intend to have testify at trial.

RESPONSE: See attached resumes for Kathi Tesarz, Heather Houlahan and Douglas Surber. In addition:

1) Kathi Tesarz

Subject Matter - Involvement ofNESR with Kapsa dogs, evaluation and placement procedures used by NESR and placement of dogs seized by Yellowstone County. She was involved in the placement decisions for Love and Joy.

Substance of Facts and Opinions - Ms. Tesarz will testify that NESR's focus is in finding the appropriate placement for each dog. Like other rescue organizations, NESR evaluates the temperament and needs of each dog and places the dog accordingly. She will testify that, given the behavior and needs of Love, she required expert foster care for remedial training and rehabilitation. She will testify that, given the behavior and needs of Joy, foster care was necessary for rehabilitation. She will testify that review of the volunteer applications to adopt Love and Joy revealed a number of concerns and indicated that none of the applicants were capable of providing the expert foster care needed. She will testify that neither Ms. Ronning nor Ms. Dennehy appeared to have the skill or ability to handle special needs dogs such as Love and Joy.

Summary of Grounds - Ms. Tesarz has been the president of National English Shepherd Rescue, Ltd. (NESR) since 2007 and has participated in the rescue/placement of dozens of dogs. She is familiar with the NESR policies and procedures concerning evaluation and placement ofES and other dogs. She has owned ES all of her life as did her grandfather and father. She has worked

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WOODWARD & CASEY, PLLC Attorneys at Law

10 North 27" Street, Suit. 200, Billings, Montana 59101

with NESR rescuing dogs since 1996, has had many foster dogs and has taken classes in obedience and agility. She is an experienced ES owner & rehabber. Ms. Tesarz's opinions are based on her years of experience training, working, evaluating and placing rescue dogs, including ES dogs, her personal observation of the dogs at issue, observation of the dogs in the shed runs and shed rows, contact with other handlers and review of adoption applications.

2) Heather Houlahan -

Subject Matter - Behavior evaluations of Love, Joy and other dogs handled by Penny Ronning and Kelly Dennehy; evaluations of other Kapsa dogs; placement decision for Love and Joy.

Substance of Facts and Opinions - Ms. Houlahan will testify that Love is a dominant, pushy and bullying type of dog and that no progress occurred in curbing that behavior during the seven months that she was in the county's care with Penny Ronning and Kelly Dennehy acting as her handlers. She will testify that Love bullied the other dogs in her run and that Joy was a submissive dog who was bullied by Love. She will testify that, although she recommended to Ms. Ronning that Love and Joy be separated because of the bullying/submissive behavior, Ms. Ronning did not do so. She will testify that, in her professional opinion, the lack of progress in correcting Love's behavior indicated a lack of awareness that the behavior was occurring, a lack of understanding about what the posturing and interactions between the dogs meant, an inability to correct/control the dogs, inadequate dog handling ability or a combination of those factors. She will testify that Love needed expert foster care with skilled handlers capable of addressing and correcting her behavior; that Love was not suitable for placement with other dogs without knowing the characteristics of those dogs and without a handler capable of bringing a bully into an existing pack without proper training. She will testify that neither Ms. Ronning nor Ms. Dennehy appeared to have that ability based on the lack of progress in Love's behavior during the time that they cared for her. She will testify placing Love and Joy in the same household would likely to result in Joy being permanently relegated to a comer somewhere, unable to progress behaviorally.

Ms. Houlahan will also testify concerning the apparent lack of knowledge by Ms. Ronning and Ms. Dennehy concerning the needs ofES dogs and ability to provide basic health care such as weight control, trimming of nails, grooming of coats and cleaning of ears.

Summary of Grounds - Ms. Houlahan's opinions are based on her education, years of experience training and evaluating dogs, including ES dogs, her personal observation of Love, Joy, Eddie, Happy, Suri and Sadie, evaluation of those dogs and other ES seized by the County, observation of the dogs in the shed runs and shed rows, contact with other handlers as well as her consideration of the volunteer applications.

3) Douglas Surber - Behavior evaluations of Love and other dogs handled by Penny Ronning and Kelly Dennehy.

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c.." Subject Matter - Behavior evaluation of Love; placement decision for Love and Joy.

Substance of Facts and Opinions - Mr. Surber will testify that Love was a dominant bully type dog who intimidated other dogs, that she needed advanced rehabilitation and an experienced and skilled handler capable of providing training and rehabilitation to curb her behaviors. He will testify that Love's volunteer handlers apparently did not perceive Love's issues or were unable or unwilling to correct them as she did not make progress in minimizing or reducing those behaviors while being cared for by those handlers.

Summary of Grounds - Mr. Surber's opinions are based on his years of experience training and evaluating dogs, including ES dogs, his personal observation of Love, and evaluation of other ES seized by the County, observation of the dogs in the shed runs and shed rows, contact with other handlers as well as his consideration of the volunteer applications.

Dated this.ziJ_ day of January, 2010.

WOODWARD & CASEY, PLLC P. o. Box 1657

Billings, MT 59103-1657

By:

VERIFICATION

STATE OF ~~I(\,t-c_ County o~ C~~

) STATE OF CALIFORNIA

: ss. COUNTY OF SANTA CLARA )

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CERTIFICATE OF SERVICE

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This is to certify that a true and correct copy of the foregoing was served by United States mail upon all parties and/or counsel of record as follows:

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Elizabeth J. Honaker Honaker Law Firm P. O. Box 2236 Billings, MT 59103

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Kevin Gillen

Deputy County Attorney P. O. Box 35025 Billings, MT 59107

on the 2~day ofJanuary, 2010.

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WOODWARD & CASEY, PLLC

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Request for Production No.1

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Heather Houlahan Evaluation of Love

Conducted about 1800 on 8/22

Present at the Metra were Nancy, Catherine, Georgia, Rachel (at the table by the office) and Sheila and Bob Ruble and their daughter and grandson (out working with Dutch).

When I entered the stall to collar Love, she was her usual neutral!:friendly self, but startled slightly when I reached for her. Her coat was wet on the back -- Kelli D. had wetted her down and put her up wet. Very bad for a dog with Love's dense coat -- puts her at risk for nasty hot spots. Please note, dog was wetted down on the back, not permitted to get into a pool at her option. Belly was dry.

Love was docile and followed me out of the gate. A few hundred feet from the gate she began lagging. She was breathing hard and having trouble keeping up. She was not overheated, and the evening had become cool. She gamely followed but was working hard the whole time (normal walking pace). Followed up the stairs with some coaxing, but with a little difficulty. Did not seem to be a problem with rear feet, but with the effort. Followed easily into the "trap" and engaged mediately. We came out and I commenced the handling exercises. Immediately found enormous mats behind both ears and extremely filthy ears. Dirtiest ears I've seen so far. These mats and ear filth did not develop recently, and represent months of neglect.

Took her over to the crowd at the office door, got a pair of scissors, and cut out the ear

mats. Love was completely docile for this and did not mind at all, gave a nice relieved shake-off after each painful mat was removed. Then Catherine gave me ear wash and cotton balls, and I cleaned ears. She groaned in relief as I did so and pushed her head into my hand. Anyone can do any kind of intimate handling with this bitch, she is entirely compliant and it does not bother her at all.

Love is at least 8-10 pounds overweight. She appears to be much older than she is because of this.

I am very concerned about Love's surgery on Tuesday. I will be requesting that she be carefully evaluated for cardiac integrity before being put under.

Since I cannot take her to her short-term respite foster on Tuesday morning (DAMN) I am quite concerned about her being returned to the Metra after surgery. Is there any possibility of a shortterm discrete local foster who can let her recover under proper supervision and monitoring?

Barring that, Nancy wondered about boarding her at the new Moore Lane facility, which has decent kennel runs.

If you picked up that I am angry about the condition ofthis very good dog you get the hug and the medal.

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Further evaluation (behavioral) based on weeks of observation of Love interacting with her coterie of human female enablers and with other dogs:

Love is a kneecap-cracking enforcer bitch. She bullied Joy so effectively that Joy never even thought to stick up for herself. She rules in the free-for-all in the shed row, and snarks at other dogs through the fence. Other bitches grovel down to her when she does this. She pretends to respect a verbal correction for doing so (apologetic eye contact, submissive tail wag) then goes right back to it when she thinks no one is looking. Kiss up, kick down. This is not a character flaw, it's a temperament trait in need of an outlet. With strong leadership from a partnershiporiented human who "gets" her; she will be a great dog.

Two corrections to the report below:

1) Love was not 8-10 pounds overweight. She was 50 pounds at spaying. She has since lost 12 pounds, and this week the veterinarian who examined her said she could stand to lose a couple more. Her ribs are still not palpable; but she now has a waist, a spring in her step, and no problems keeping up on walks with her fosterperson and the other (young, vigorous) dogs. She

:' has lost approximatelyone pound a week since entering foster care, which is a good rate. If her ideal weight, per the vet, is about 36 pounds, then she was 39% above her ideal weight. Purina defines "obesity" in the dog as 20% above ideal weight.

2) I ended up staying an extra 12 hours in Billings and, with the express prior permission of the vet who spayed Love on Tuesday morning, transported her to foster Tuesday night. The vet felt that she would recover just as well in a crate in my car as in a kennel run, and that having someone monitor her, even if that someone was driving a car, was preferable to being left overnight without supervision. This worked well, and she traveled comfortably and settled into foster without difficulty. We made the decision to delay my trip home because Kelly D. was behaving so bizarrely and Penny was raising such a stink that we ruled out the possibility of a local foster for any period of time for fear that the dog would be stolen, or the foster people stalked and harassed, ifher location became known. Kellis conduct on the day of the spay clinic ratified that decision pretty welL

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Profile or: Dog-s C~I N3:IDf:.' aE-dili anmber --=-'v:-~..J_"j_\r_''--''_~\i'.;-I _

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This profile is intended to gather lnf~tm~tiQn regfu~ing each Jog In br~r to better place the clog in abI;i.rl:)rrr1are adopt. 'Jve ill foster homes, PIgMe answer as hOhesth. I at Bossib!e. tG the best of l"our .

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1mctWledg.e. Negative answers wJil net be used M a judgrrh3nt on either tbe pel66MHty' of me €log or the handler's ,a"bi1ftj, Evaluations should be based on what ,2. "normal" dog would be reasonably expe8red to . 00, not !Jfu;~ on c.on1patIsmt~ to other Operation New Beginnings animals,

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Clrei.e whlelie-v.er trBimber appfIes tt) ,fi:3,ch if u~an.

L tkf~ your dog exhlbitjo;),.and elag~.e.ss to see you when' yon amv€; at ~he stall? 2. Do YOti haVe t-o corner toe dog in the stall or shed rOW to leash him?' 1 2 j 4 5

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:3. 18 your dog food motivated? 1 2 .j 4 5 T Qy motivated?

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EXHIBIT

4.- WiH the dog teadHy aocept treats fr'bm (.a) yout hand? 1 2 3 if. 5

(b) a dish placed in the stall with you also in the stati? 1 2 3 4 5

5, D0ei§ :yo.tit Gio-g sollGit attention from you even when out playing with other Gogs"? ' 1 1 J 4 5

6. Wiil your dG@ GOTti!& wiJiiugly'6ver to you when called.even If est in '.th€ drop leash area? 1 2 2 4 5

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1. Does your .clog requIre the CDIhp81l), .of other dogs in order to feel ocnfident when mrrs!de' the- ~t..a1i?

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10. Is the dog wlIHng to keep hIS ar-.entlon on you when being asked -tQ. de something?

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11. Is yout dog willing to try new thirrgs (i.e.., obstacle course, going' ititG new area, etc) I :2 J 4 5

12. is your dog willing to try ill approadi a friendly stranger?

13. Is yOUI' dog able to tolerate the prol'\'.rmlty of a neutral stranger? I 2 3 4 5

J it 1" your OOg narticu Iarlv a:ti ai d of men?

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Of women?

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17, Is your dog aggressive (excessive hfu-kin~ growling Of bIting) towards other .people? 5

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(g. -P.J!1S YOUr d.d£: ex..hIbu$d a teooeo£y to threaten 8T bite you? Yes No

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If yes, please explain eircurnstances:

j 9. Can you groom }'DU"'i dog, induding .cheoking teeth and ears, handiing both front aJiG rear legs, brushing allover Cint:;'luding hint!kfuart~f5) i 2· J . -4 5

AnY areas that G.ahnot be totloned1 '

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20. List any obedienoe commands Or trlcks your dog Can perform:

21, Lim any ptJtehtiai problems an adoptive home might face w1th this partlcalar dog (-e;;c dog has a strong tendencytc dIg, bar-k, jump or' olimb f.errcesj· bitt; 'or bolt)

22.. h this dog extremely fearful and/ot sby? Yes. No _

23. Does this db.gl-en@ TIl)) panJc hi.. stressful sIrutlDrl&? YeS' No __ -,,-

24. LAs.t any h€alth issues.you knowof thaf peruiti ill this dog; (ex, ~ite:s, p06t reet.h; ~der or aver ,velght, mange, eat hli~ etc.)

~xttemdy timId easl!y drstracted dominant

pushy Glestruc.trve

verv enerzetic

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cities not relare to peo-ple

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gene:t'iiLy llIffii SI.JiJJig and/or anxious

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aloof

ea.oaer t.o please playful enetgetjn frIendlY

. affectionate casv to trai.fJ

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self-confident

athletic

able t.o take corrections 'Obedient

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10/29/2009 02:00

4085F 1.92

PAGE 03/13

KATHI TESARZ I

.< National Enqllsh Shepherd Rescue Adoption Application

Natlonal English Shepherd Rescue Judy Hase 415 Springbrook Road . My~iB Creek, OR 97457 nesr'info@yahoo.com

http://vvww_nesr,info

EXHIBiT

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Instructions: Fill out this form by hand, sign it, and turn it in. at the temporary Billings 1IT New Beginnings office at Moore Lane or fhe Metra, or mail it to }J'"ESR.

N~~ "fi=20vo'-;, 9 Address: 3Q I~ f:::1\ o._(lfJ :or.

Cily -1)\ \ \' OS State .YVt( Zip 5-3 j 0 J.

Your Email. address: =-pen(\i r 00('\1 5@ [)illO:ll. r Dtr\ Phone: (best contact times

Work .phone (if needed): . . Cell phone: yo \g • 51 C) -q 17 <&

Employer Name: DlO n ffi'-\ (J Y-J 1'\ . =t i.ls, i r\e S "7

. ~ ..

Type or Individual dog that interests yon.:

age to

sex color"--'- \

"----'-'------

. specific dog: La V e... l=' 12- '- ~

Adults: Name & hours spent working outside the home per day

L ::1ln_y\~~YL~~ - 'Nor t_ WlVV\. 'vu:;yy\_L 2. -Arb) ~. I \0- --eoI'V\.1 ~ - re.*l feJ ~. [»..0-- {{wi:-

-Ghikh:cn(Agcs),t'_..J__N..:>.·-",-o-J=..:,,·e__~ 2. ----' _;__~ _

,3. . 4. , _

Does any family member have an~ ~e::~es?:-.!.::.N;-::O:-------------:----------------

Describe the best dog you ever had and. what you liked ~ost about:him 3:5-. well as any characteristics-that could be improved to make' a

10/29/1009 02:00

4085:_______}S2

,

KATHI TESARZ _' _

I

PAGE 04/13

What do you pian to feed this dog? S'-\d')/ \:' I)'I!(_ -\: 7Y"C5( I:\t+~ {\Y'\ ()f~· :5vh d hoi C,L .

. --~

How will you housebreak the pet?_J--G_'\-"",-,",~",-' '-!.r_\_'_\':':~='-Y __ I,-,-_)~L,--=t-,--_;fu ....... ··'-"!t,,-,,'r_,_,_L~l _

I

Whydo you want an English Shepherd? __,,l. l,,=,>Q,,,,\,_J ~,,---,k,-,==t...,,-.r __ · _

Home Information:

Own ___1:_ Rent __ If rent, landlord name and phone number: _

Single Fan~ilY _ Duplex/Triplex _ Condo __ Apt. _ Farm __ Yrs/ Months at address: ..2J::_MoYing soon?~~1 '-

. ..' . . . ::i- (.Vr:, \ \)(\\c\lU.~ (.1\."t 7;--t:,PC:Y~ 'r Vc .

Yard? )! 6 Size'? \ au10C Fence '1 16 Type & Height S-tlO I Z-fJ-. Do you object. to a ho:rhe inspection ~No _yes

. 1 J J 7Wo-"((lS"" Vo.~l£i J vrt\ .

Current Pet Ownership:

Typers): ~="-'\'-'-- _

Sexes); !k:t\ (.L \e Age(s): i'-Ill-
Sex{s): r.; ¥~J.O \t.. Age(s): A

Sexes): Age(s):
Phone: {f<;l_r - ~(f 7. 2- . Type(s): --",,,,,,,. ·~ll'-- _

Type(s): _

Veterinarian.: '7"'! S..., 'V'., .... f- S~ t.. V tn 7

Previous Pet Ownership:

Type(s): /Yc.--cA\t. Sex(s): Vk\-o \e~ Age(s): d(L

Hayeyo~care4forsomeone.el~e'sdoginthepast'? ifcl.: Q~.\ '';:'~J~ ('~ -H:;'''\Fn.-Jjjv'~ hc+\~ ~,( (Jay> t'uVc6.<...--'

;)ke. t~f \;0(,!. 7 ~\.<. \.\ T ,,) I . ' . .) .

How di~ ~ou sol;e.~y }nco~~.~tib~lity prob~e.n:s' t~~'?, -.~~ c,-v..:Q::j--'i.t-."- ~, ._ \~ ". L\_ '~:' ," . ri~··

. t\_O.\j~ : oJwv-~. 7. (.;,.~\I: .~l(jc~)' \,v.'+l,\,. C~,.i.:/ c.lU(i) l.Gjte~~~I'-· !V\.. ~"t..'-\ ~\(),," _(>t', 0..:. a: (

Yeterinana.n: :OX-. :, 'tQ· ... l}:f '7Y '(V~I .. <7 . . .! ) Ph~ne: ((·90 -) \0 f f

ell OjCl ¥ What happened to previous pets ?_..>....;..-"-"-><-:...---"'''''--.>...::.~\--.l..l....._.",=-..l..<>.==-~-...>.o..J'''''-'--.t...:.L=-.-J..::=---'''-''''-=->-='''------_

0\tJ:: ~'- t \_1:. . 0G.t.

References: N arne, phone number, ema .. ddress, relati()n~~, other ~og handler ortrainer? r P'( e \-e v r n \ r\.(/- 1. .... "P ·~:-t-hf:'.CCW .···it.) - . (Jt'/, ... Lr'i5&& 2\r-\t~ :'8>",,":>1 vx.t·t:.I"7· {j.cv+v\-.u--C 31 v c. C'lr\,O ... (\ \A..( p~(,~.€nrecl .y..__o 'r ,~ ,_.'1

2. l. 'f\L.t.., /);h - ). :f.ci'" f.. -:'54- , ~ v·'! e. . '.1- {:')'(\.O.., ~ o....di:.'fh'/j

... ,

3;-~DJ:lb-\ y)v\.. \ \ I Y!j\.('" d-:t ~ ... JON] ) c\E: b~01 rv~+ r n{Y\C\.~ L C OVh --\ V' i'<1 v,c:\.._,

I represent ~~ ~f~that I have provided an this form is the truth to th~ best of my kD.owl~ge and belief,

S· '\/' D' 1 ,.01 /. r :

ignature : • .(:..·(0'.(.V _/ 1- /':/VV'/ ate:_':__-..I...N<......::._1-_v_'·'.:_I _

Thank you for your ~ est i a dog fro National English Shepherd Rescue. Your support is essential for us to continue saving the lives of these wonderful dogs.

10(29/2009 02:37

4085195492

KATHI TESARZ

PAGE 0i/o2

"

Instructions: Fill out this form by hand, sign it, and turn it in at the temporary Billings MT New Beginnings office at Moore Lane or the Metra, or mail it to NESR.

Name:q L- ~ Address: 3611f_~ ciLv

City £ ~u Stat~ ~ '! Zip -5 <J J {) ~

Your Email address: Phoni if-.c&) J_~'-(- q 3e~est contact times ~

-------------------------- / ---c;--

~orkphone (ifneeded): 41&-: ." .. Cell phone: ill fa ,

Employer Name: CD.-I iJ..--. ~ . )

J ~/

Type or individual dog ~at interests you~ ~vuR_

age_~ sex ~f1iror -. ~ specificdog:_L_O~{/-=e,-- -,---_

Specific dog's location, name, ID & chip number: Q4!vn d.. J i~· I .F R to I Ocr 8?j-:7 /0 3

Have you worked with this dog? r ;> _ For how long? ~ J I / D: _ Hrs per wee~: (jJfJ J_ 8 - 3~ ~.hc-u~ ~~ Your experience with the dog: ~'-Q"~il.lu--il--0~ )~e~~ J lA~1J .

Household Information: l' , ~~

Adults: Name & hours spent working outside the home per day i

i

il ; 2. O:~f___C - 3S v_ .. ,

1: 1)'&0 ~ '~41:D ~&1td1!~ I'Y U'--Q.../

Children (Ages):l. . ,rY1-6Y\.}V 2. ~ c:l..~ - A-t./t..{) ,- L.//-t<VJA 6-nn

~~~~----------------, ~ ~ )

4.~

National English Shepherd Rescue Adoption Application

. . N. ational English Shepherd Rescue ~. Judy Hase .

. 415 Springbrook Road ;t

. Myrtle Creek, OR 97457 .

nesrinfo@yahoo.com http://www.nesr.info

3. ~------~~-- __ ------- __

Does any family member have animal ullergies?--L~C>=-- _

10/29/2009 02:37

4085195492

f<ATHI TESARZ

·PAGE 02/02

Who is responsible for feeding, house training, and training? '~('!~)~4. /;:t., 71 J.. ,)J L/ NiH'- {If,/ ,L/'

Where will your dog sleep'? ---;,J_'j ,-f. -=':...:"-,--"c"~'._{ _( _' -j'I,---,-,f __ ,e:_{.._<,_L.._, ..::.. .. _:_. l_/.."-.=.'_t__:·/_L_: .;::,~"'---'_:_.--=[_:;/'-l,=-,<-_. z: .:...,A.---=-c_{._--_{.._C._.L_-._<---_/___,_, _

- "'/

WhydoyouwantallEnglish~hepherd?y/( "r-);LJ~I""" __ i.t~i-1Ji, . .<3- 'ltL LJA. ~.'_/lji:::f-} c;- JI'_,rf·t~X./

t .. l,. .

Home Information:

Own__L Rent __ If rent, landlord name and phone number: ~---,---------------

Single Family L Duplex/Triplex _ Condo __ . _ Apt _ Farm __ Yrsi Months ~~ ~~~~;ss:!:ry J S'J Moving soon?i. No _yes

Yard? ____i:___. Size? Fence ?~. ill Type & Height I '\ (. - L f r' Do you object to a home inspection .>< ~~L:L-«.-t..~~~t "

Current Pet Ownership: ,_) _;,~\>·j'r",--·:·~A

Type(s): 'l\Dl\,C-'

Sex(s): Age(s): _

Type(s): _. __ .. . _

Type(s): ~ Sexfs);

__ .. . __ Sex(s): Age(s): _

____ Age(s): _

Veterinarian: ~ Phone: _

Previous Pet Ownership:

Type(s): 1,r'\'7' elL·

Have you cared for someone else's dog in the past·?....:-,'--'--t-',C"'.,,__.o:..l _" _

How did you solve any incompatibility problems, types?---'._,_'v-",.""''-...:..~_''-_\_'I.~· __,"u,"-c--\h=-.::l;:_;:.(;_. ·-,-,"),-l~,,,,,,j_,-,-· _

.j

Veterinarian:' ;'I~,:i~fj'i ~ .,.-f< \·:t';~i .. ·j.{A,. .. cvi Whathappenedto'previouspets'!~V'C'lL:L ' ·\..c;ll". f1::.,.<,1 j.A-l t\-.."i/-Cttt.t--L.L",l- l.-:.rr.:(/'(h .. v ~t·'-L-,

/ r:« , I .... , _' • " ~ ~ _, ....

_, , .~. :.fut-t.,/._iA£~,~ ...... ,,-,A, t-l • .:,~L •. ."t_ "V"- ~.!-/L"<f.-t.·t'-£.<-----, I

r ::- •• ).~ '";C .. [V· ~t. /7°;'- 1-"7-71" L.. ,)l..- J \ j ~~ ....t. ... ~7;.·'-..:.._ ... ~. .'. y'_:. ~. r'R'~ '......-l ." ,,-_.. ." ... ' /. : .. _ _, .• ~' 'I' L ,

/References: Name, phone number, email address, relationship; other wJ:iandler or trainer? - .

I ). ) 1

2 /.) -4- . ",' r. I -- c' /,~.~. J -I.. ~ '. '! '1. _~,JI .. , ., '.7 " X ~ J' . ( __""..:. --, --('-

• -1~rcr;:.J_,·r'-·/G :6 /~ I~ ·'/./t.L_ k~--k·Lr.{>c

15/2S/2003 02:42

40B~I'· _492

KA"THI I t:.SAP2 _

PAGE 51/02

. -

National Enqlish Shepherd Rescue Adoption Application '. Nationa'! English Shepherd Rescue Judy Hase 4 i 5 Springbrook Road Myrtle Creek, 'OR 97457 nesrinfo®vahoo .com

EXHIBIT

http;[/www:f.lesr.info

A

. Instructiens. Fill1)m this form by hand, sign it, and tum it in at the temporary Billings MT New Beginnings office at Moore Lane ortbe Metra, .or.mail it to NES.R.

'. . . Name: Si<£.il\l 1&n Vreh..'>J Address~ -5 ()h"{P D:owt-a:J f.h.k~:!1lA-L-

'. Oty b·; iLl n~ i State !vtC Zip 5q I {) ~

YourEmail address: derekd eVR.h.0rd5 (L cam Phone: &iZ-b 730 . (best contact times flti~

Work phone (If needed): (p C; '2 - '-13 5"':) Cell phone: (., 7- 2, - b 1. 3>0

Employer Name: SWC . fCl.'r'""~.. ~,_.:::",,-l VC,---,-<5=u..\r-=-CL.V\.=·--"...:;~===-- _

Type or individual dog that mterest> yo.u..:

age {O r 51r.._. sex_f__ '" color . -1 ~_- specific dog:_...."Lnl..J-.!oj.V-'-v<:::....... _

SpecificdQg'slocation,name.,ID&chipnumber: flZ l.p, ~G\r'l ?-(,?-tad L' tiL!'ccoeh;p 1=-- !D1~4'5lo.3

. I

Have you worked with this dog? f -> For how Ioug'! h\nD..- f'w . Hrs per weelc.___,__,/ '--- _:__ __ --'- __

Your experience with the dog:

-----------------

Household Infermation;

Adults: Name & hours spent working outside.the home per day

i. K~t\~ bw.V02-kv-j J1rllJt /3y-jk'{5) 2_ "Pa:gQ ~~ ~1J p{0tC'{y..j tkp)

Childn:n(Ages):L ~ ...;_ 11· 2 12-on:z.;jIV·· I (P '.

3. ~ ~--~---- __ ~-- ~4 --~~~---- __ .~ __ -- __ ~--~-- __

Does any family member have animal aliergies?--L:LI.L -,-- ..,-- _

Describe me best dog you eyer: had and what you liked. most about him as well as any characteristics that could be improved to make .a

betterdogtofityourpres~tsituati.Ol~ 6- joL ( ti Co/dv h aM e.:._eI--' her tv.A!'-e__<iQ?y...g

_ ~ -. _:.:.... ! _. , . _J_ ,

d!"1'65i-t70h, Sbc_!O vecl;t,/ ~ r'-0l::5 tJcJk, L£jJ h~ ""'" cld~r_)

4-- We bad Of? r'ncr oul/fe_- bc?vd, SJ1< k/a.1 .Jfnar-f ae,hlk-.

10/29/2609 02:42

408' -,492

KATrlI TESAP2

PAGE 02/02

WU{l is 'responsib1e for feeding, house tmirring, and training'!

~~~--------------------------------~-

"Why do you wa:nt~ English Shepherd? ~ of ft,._p_ :s ~-+ f0 C\.A_,~J.__ (5+ +tv

Jo,. ~. L& 1;C[- Y1JotJ.d k /-:x~A -for 'LJUr +~'11

Rome Information:

Own _x_ Rent __ If rent, landlord name and' phone number:

-------------------------

Single Family i_ Duplex/Triplex _ Condo Apt _ Farm __ . 'Yts! Months at address: 1 YrS: Movir.Jg soon? L No __yes

Yard? *- Siz~~ Fence ? ~T~ & Height Do you object to a h~roe ~--ction'LNo ____Yes Current Pet Ownershipe

Type(s:): __ --'-,,-".,J_,,--'--="""- -, Sex(s): ~. Age(s): ~~

Type(s): ~ Sex.(s): Age(s): _

Type(sj:--:- Sex(s): Ag6(s):_. __ -'----,.-

Veterinarian;

.~ ~-----------------------------Phon~ --------~-

Previous Pet O'tnlership!

Type(s): ft;ur+ .(ob: (e-ir--;-e..v~Y

sex.(s):_r"-- __ ~Age(s):MmosP 15

Have you' cared II)! someone else's 'dog in the past? __ 't=:",L. __ ~ _'_'_ --~'-'--

. .

How did you solve any Incompatibiliry problems, types? -(h..e~-e. w-e.('~+ o...M· j

Vetirinarian:})r, ~ed\!f\Q! ·'ShAloh..Vd-cnhacYj t±05(;>J-aJ_ Phone: &$"b-/q{D

What"llappened to previous pets? +l ad +v ~~ Gof9 p1 --12 1> l-eef .

~ _ .J . .

2.1>£{(; ~ ~ 6 ufrcrr:: -e [cL, h: l,~, - 3 1 't '] . -&-/'2 j{/_ cL . ~

3. Pa±H ])obl~. h ~. (5).-&&6/. friUVLd_, V1AJ

r ~present that the infG:r~~~~th~t I have prorided on this form is tne.truth to the best (}f my knowledge and ~e[

SIgnature: :iv2J 1/ AY:01!l1R t:r Daie:_'Z.J;...<·C-.-__,!_:.::Sc._--={)::....O.._, _

Thank you for ~erest ill 'a dog from National English Shepherd Rescue. Your support is essential for us ill

continue saving the lives of these wonderful dogs. .

Request for Production No.3

· .

Heather Houlahan Evaluation of Joy.

Conducted 109

--------'

Joy rated high in flight and was frozen/in comer at the beginning of the evaluation.

Good progression over the course of the test, marked improvement outside the perimeter, did not want to return inside fence or to stall.

Lots of escape behavior. Tried to escape up stairs. Minimal check-ins with evaluators.

Afraid to return to stall..and was beaten down by Love when I put-her back. This was hard to watch; '1 did' intervene, but could not remain there indefinately. Must be separated from Love.

Expect to see rapid improvement in this dog in an ES-competent foster home. Does not need highest level of foster experience, but does need foster.

As of mid-J anuary, Joy was a dog who wanted to come out of the comer and approach me, a stranger, and was inhibited from doing so by Love at the time. So she was very ready to progress to normalcy at that time. She had not changed in that regard in seven months.

Since the possibility of Penny acquiring Love from Linda Kapsa was present, and since Penny had rejected advice to separate Joy and Love and could not/would not see Love's domineering behavior towards other bitches, a placement of Joy with Penny seemed likely to result in her being permanently relegated ~o a comer somewhere, unable to progress behaviorally.

" ., ~ "1 <. .• ~. ~ • , • I''' ••

lS/23/266S 02:60

~<ATt-JI TESAP-2

PAGE Ei7/i3

, .

. ,

Instructionsr Fill out this form by hand, sign. it, and tum it in at the temporary Billings MT New

. Beginnings office at Moore T..a:ne or the Metra, or IIJRil it to NESR.

. ... . ::~~_~"n-'J Addr:~ :;? (-dOCL~;; ~I~d-

Y~ud;mai! addre"qef\f\ytQ ny-i, 5 ""5~j, LMl Phone: . (best contact times __ --'

Work phone (if needed): .. __ CeTI phone: t.j \::{; - 51 Cj - C(17 <6

EmployerNamc: O\M'f\ f'<\~ c'tJV\ 0;>1i. C;IVlt(6

Type :>r indiVidual dog that interests yon.;

age L.vY~l)Wvo. sex -r=e.V1\.d.\~.... color J) ~cul~ ~ IJJY\.i-te..,. spec~c dog:.___;~.../...6::::::.i+-_t\..!_!_-_\.!.._ _

Specific dog's location, name, ill & chip number; ~ a \- \ ) -:}"D'{! 1=\ - \ 1 ! C):J M liS£:

Have you worked 'With this dog? ~ e"J For how long? ! 'S! \0t.t.j::.~-t"- His per week: 0.1/ e..ro..g-c. 0+ ;:1:'6- 3S" frY- w-ce..K.

. 0CU'l - ('rC$~T,1 V

Yourexperiencewi~thedog:--Pr\h'\D.Yq \o.nM\=rc -%W::h ~ Vcxi i2etYY\fu~ & We..h&v0

Household Information: 0

National English Shepherd Rescue Adoption Application National English Shepherd Rescue Judy Hase 415 Springbrook Road Myrtle Creek, OR 97457 nesrinfo@yahoo.com

EXHIBIT

http://1.NWW . n esr. info

G

Adults: Name & hours spent working outside the home per day r· J \

1. ·Yu\D~.l<oY\r<;~ - \I0()r~ .s;:ror'"Y\ V\o~ 2. ArJ<:. ~ ~,.I~~ ~v\h.I~ (ycv+--K*'-.e-, v-dil'<C

Children (A:ges):1. 2. _

3.· 4. _

D?es any family member have animal aJlergies?_..L· .~O~ _

D~~ilie~Ogfo':"'P':~ci~ :~O~:t~b'~~ =;~t~l~

d ~ e· ~lif 0°53 a-\: MclrrL T Lilli lC w~ _ .

Describe a typical day for your dog~ leD-? ¢ ~ . \ 0 V C) £)(C tC! Se, IMp'S) Q; Ad. do. , ~ c1~.

MOv..Ni ~ \{o.r.·d c ko\..A$e.-u:C am -£oKuVlo,;\.( ~ V1.d..LriL d.. cQ_Yceer I-:~~ VYvq &~l)':7 COJI\.. -\;£t \..0~+k Vhf. \~)he..V\. T 1v<;:Gc\G a,:;'~ wt.d ns \.J\he_j,:-(..& . a,yV\__. 0-.. f L-w rV\f .,

"..

18/29/2809 02:60

4085~'32

KATHI TESARZ

PAGE 08/13

Howwil1 you housebreak the pet? _I__,_' l\_' '-'k-=:.J_.;...k'\_,_,f....,I'---':-('':"-.\ ""t.c:...\---\:L.1J"",C"-,;"",,'-Y,-'\,:,,,1+· _

Where Mil your dog sleep? \/j'Y\E:H:.Vc ('

.. c; \ .»

Why do you want an English Shepherd? _~=__L.=,---,-\ C.:::_\.:_' C:=..' _\"-/\.!>..t-"'-~..!.y-- ~_

Home Information:

Own __:£_ Rent __ If rent, landlord name and phone number:

----------~ __ --------~-~

Sixigle Family .z, Duplex/Triplex _ CoD~O __ Apt. _ Farm _ = Months at addrer.s:J_±:__ Moving soon'?~i ~~ -

. . .,' . ." .:i~ O-rn \\)O~ l he \ 0..:"\ "-Vr(>-..pe. r-\-'1 1: ·\.--=ro::t(.t.clISe.

Yard? ~ Size'? \. ().._'f.l Fence'?-::{..6.Type & Height <)c170j 2 ·tt, . Do :om5bject to aho~ inspcc~on---..:£No .s.s=

v~\.\-\t\.f,If)\.\ .

Current Pet Ownership! \. j ,

Sexes): I'!flo it Age(s): (4Y-C:'
. Sexes): t { "'V1,r:i (e._ Age(s): ( ::z)
Sex(s): Age(s):
Phone: .. '7
i p<-; 'fa - 'S~'v; )~J- Type(s): __!"~~'-- _

Type{s): L-'b

Type(s): _

Veterinarjan~v, C;\01r-..'f ~~J_lver\"'1

Previous Pet Ownership!

Type(s): -YIJct\)e ,

Age(s);___oicl .

Referenw: Name, phone number, email address.relationship.otl.ler.t::loghandle:ro~.tr.ainer7 , . ,'"' ,r I

, ! r=,». -\-UT-e (\ t'\i~ T '-l£b _.\1 (.-t: d'!'\.(.h \. _. ,r;<

L ~-" "?e', '.',' ~t\ :::; i C) - I [I")" (tY:·.' ~.V .,~.' > y~ ( " ",,) '" '. \)' . (:2!ZYl-' \<: Ie:' \o.~S\'.:l,

. ~ rY\.Ct l \ 0.1-\..(.1.. YY\ ... R'-! . jly i. t. ':.> ') ():.PL\.f'\-k I ¥,,~

2. ~ . .:r '"/";;<": v.:.-'r ') .

3. . '. rr1."*'Y if;n_rJ._

I represent fr~~ irdorill~'ra:[ I have provided on this form is the tru trr e best of my knowledge and belief.

Signatur;~ t·e.,n .. ,d.~\ V {{v1/L~ Date: l- d- '-\ -- 6 '::j .

Thank YOli for ~our int~.Jest ih a dog from\"'\fational English Shepherd Rescue, Your support is essential for us to continue saving the lives of these wondeuW dogs.

Request for Production No.5

l

Y/CO ATTORNEY'S OFFICE

141002

..

, '

YELLOWSTONE COUNTY ATIORNEY 217 North 27th Street

p .0_ Box 35025 .

Billings, MT 59107-5025

(406) 256-2870

(40a) 256·6931 - Fax

Kevin Gillen

Deputy Yellowstone County Attorney

Via Hand-Delivery and Facsimile @ (408) 519-6492

JUly 21, 2009

Kathi Tesarz, Virtual Assistant National English Shepherd Rescue

Re: Kapsa Dogs

Dell' Ms. T esarz:

On behalf of the Yellowstone County Board of County Commissioners, 1 write to confirm the County's understanding of the transition process whereby National English Shepherd Rescue (NESR) will begin the process of evaluating the dogs for screening and placement into appropriate homes.

To assist NESR, the County 'will continue to provide for and pay all costs associated with the housing and care for the animals while NESR screens and makes placement decisions. As NESR has been designated the appropriate agency to handle this project, the County, by way of this letter, immediately conveys any interest it has in the dogs to you. in order that NESR can. exercise its independent judgment while making placement decisions (with preference given to

volunteers), '

Yellowstone County also understands that the dogs must be spayed and/or neutered before NESR will pl~ce them. Please be advised that the County will assume the financial responsibility for all spaying and neutering and expects to have that accomplished in the near future. Yellowstone COlIDty is aware that removal of the dogs from the County facilities V'li11 take some timel However, the dogs must be removed from the County facilities eight (8) weeks from the date OJ this letter. Any dogs remaining after this eight (8) week time span will need to be removed by NESR to another facility at NESR's expense.

Finally, the Board of County Commissioners wishes to express its sincere thanks to NESR for assisting in this proj ect.

Sincerely,

~

Deputy Y ellowstone County Attorney

cc: .. Y ellowstcne CUl.wty BoztTd. ;:,f County Commissioners

07/231Z009 16:16 FAX 406 256 6931

Y/CO ATTORNEY'S OFFICE

l4!001

. "

YELLOWSTONE COUNTY ATIORNEY 217 North ;;7th Street

P .0, Sox 35025

Sinings, MT 59107·5025 (406) 256·2870

(406) 256-6931 - Fax

Kevin Gillen

Deputy Yellowstone County Attorney

. ,

Via Hand-Delivery and Facsimile @ (408) 519-6492

July 24, 2009

Kathi. Tesarz, Virtual Assistant National English Shepherd Rescue

Re: Kapsa Dogs

Dear Ms. Tesarz:

This Ietter serves to amend my July 21, 2009 letter to you relative to costs associated with . transitioning the dogs away from Yellowstone County.

In addition to the financial responsibilities running to the County pursuant 10 my July 21, 2009 letter, please be advised that until the dogs are transported out, or eight (8) weeks have passed (from July 21,2009), the County will continue to pay salaries of those persons previously hired to care for the dogs. In addition and under the same time constraints, the County will continue to pay any vet expenses incurred for the dogs.

finally, be advised that Yellowstone County maintains general liability insurance coverage at Metraf'ark and Moore Lane. Yellowstone County will continue to maintain coverage at both locations, and the County will continue to remain responsible for all claims. losses and damages the result of negligence or negligent acts performed by volunteers and employees that the County is legally responsible to pay. County insurance coverage does not apply to negligence or negligent act ofNESR at itsemployees.

Sincerely,

~~

Kevin Gillen

Deputy Yellowstone County Attorney

cc: Yellowstone County Board of County Commissioners

Request for Production No.6

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Kathleen A. Tesarz

. 1271 San Moritz Drive .... San Jose, California 95132

Phone 408-937 -49'1l .

ktesarz@yahoo.com

Exploring creative uses for my experience and knowledge in management.

April 2003 to . Present

WORK EXPERIENCE

March 2000 To March 2003

1993 to 2000

1991-1993

1989-1991

Virtual Assistant Consultant· Tesarz Services

Offering personal assistant, graphic design, and website maintenance services.

Office Manager,

Realty World John V. Pinto & Associates (please do not contact)

95 S. Market Street Suite 600.·

San Jose, California 95113

Management of daily activities in high volume real estate office. Human resources, project manaqernent, screening potential contractors.problern solving, and training needs of staff. Manage all pUrchasing, travel and Internet presence for the brokerage. Support of agents with computer systems (Le. Top Producer, Listing Alert; and Outlook) and other services.

Executive Director

Education and Enrichment Programs Supervisor: Reverend John Kraps

Good Samaritan United Methodist Church 19624 Homestead Road

Cupertino, California 95014

408-996-8290 Email: kraberry@shawneeJink.net

Managed all fee-based children's services (120 children+) for a large church. This included ali aspects of running the business hiring, firIng, budget projections, creative problem solving, conflict resolution, and maintaining a whole picture view of all programs. Reported ongoing developments within these programs to various committees of the church with the ability to educate committee members aboutwhat these developments might mean.

Mother's Day Out Program Supervisor: Roy O'Shaunnesy

Director

Sunnyvale Presbyterian Church 728 W. Fremont Avenue

Sunnyvale, California ,

Managed program, (staff, budget, curriculum development & implementation,) of 100 children and 6

staff. ' .

Site Director Small World Schools

Managed on-site childcare at local elementary school. Developed the programs for 60 children 6-,12 years of age. Acted as liaison with School District. Maintained the financial records for the program.

EDUCATION

Trinity Uriiversity University of Phoenix San Jose City College

OTHER 1993-1995 1997 -present

Business Administration B.S. Degree

Business Administration

Developmental Psychology/Child Development

Sunnyvale School District Curriculum Counsel Representative Work with National English Shepherd Rescue (NESR)

SOFTWARE SKILLS

Microsoft Word, Excel, Outlook, Frontpage and Powerpoint Macromedia Flash 4.0 and Adobe Photos hop

Heather E. Houlahan 147 'community Center Drive.

Harmony, PA 16037 houlahansaalurnnt.arnher s t.edu 724-473-0079

Education

Amherst College, SA cum laude, 1987"

Oxford University, Saint Catherine's College, Spring term 1986

Harvard University, AS 0, doctoral program in political science, 1987-1992 Training Experience

Obedience Student; starting 1976

Commenced training my petgolden retriever at community obedience class. Later advanced with two dogs into competition-level classes, tracking training. (N 0 competition for unregistered dogs in 70's)

SAR Canine Handler, 1991-present .

Trained, certified and deployed with Search Dogs Northeast (New England) from 1991-1994. Apprentfcedunderunittraining officers An n abella Morse and Sue Webb. Relocatedandjoined Allegheny Mountain Rescue Group, in 1994. Handler and trainer to four operational airscentdogs -Lilly (deceased) born 1991, Mel, (deceased) born 1994, Pip, born 2000, Sophia, born 2005. Trainees:

Moe, born 2003 (medical retirement), Rosie, born 2007 Specialty qualifications include water, cadaver, building, disaster/collapsed structure] cave search] SAR trailing and scent discrimination.

. . ,

Canine certification via AM RG and Pennsylvania Department of Conservation and Natural Resources. I am the sole PA DCN R canine evaluatorin Westem Pennsylvania .

. Trainer] LapWolf Dog Training, 1994-2008, First Friend Dog Training, 2008-present

Sole proprietor and trainer. Conduct privatetn-horne training and behavior counseling for pet dog owners. Offer obedience and puppy kindergarten classes. Specialize in severe behavior problems and aggression, but also instructin practical training, manners, and non-serious behavior issues. Clients primarily through veterinary referral.

I nternational Association of Canine Professionals, Professional Member#1611 National Association of Dog Obedience I nstructors, Endorsed Member #1067

Canine Director/Trainer, Allegheny M~untain Rescue Group] January 2001-present

Oversee canine program of regional SAR unit, including recruiting, weekly training, special training sessions and inter-unit events, standards implementation and team evaluations. Supervise the progress and skills maintenance of all handler-dog SAR teams.

Se lected Canine-Related Conferences/Seminars:

Berkshire Mountain SAR. 1992, 1994. Maine Association for SAR. 1992-1993.

Pennsylvania Search and Rescue Council SAREX, 1994-2004.Jnstructor, 2001-2003,2006 K- 9 Capers watersearch seminar, August 2001.

Ohio Valley Emergency Response Team Simulation Weekend, Instructor, May 2002 NY Confederation ofSAR Teams COMFED, September2002, Instructor

Herding clinics instructed by Jerry Rowe, Sam Furman, Linda Rorem, Gordon Contival, Judi Bi gham Barbour County Tactical SAR, trailing seminar, November2002.

International Association of Canine Professionals annual conference, March 2004, March 2006 Syn-Alia Training Systems Bridge and Target Seminar, August 2004

Canine Ki naesthetics five-day professional bodywork masterworkshop, January 2005

Natlonal Association for Search and Rescue, Response '06, May 2006, Oakland, CA.] instructor NADO I annual meeting, July 2009, main presenterBrendaAloff

· .'

General Teaching Experience Harvard University, 1989-1992

Teaching fe[[owin political philosophy and American politics including tutorial and large course sections. Responsible for all assignments, grading, counseling and seminar discussions. Resident tutor, Eliot House. Academic and residential supervision of undergraduatestudents.

Chatham College, 1997

Sole instructor, basic backpacking class (undergraduate,credit)

Eastern Mountain Sports, 1995-2000

Coordinatorfor outdoor skills clinics program. Instructor for both indoor and in-field classes, including map ft compass navigation, GPS, caving, backpacking, cold-weather camping, cooking, backpacking with dogs, animal tracking.

Sierra Club, 1994-2000

Instructorfor annual basic backpacking class and biannual ski-touring class.

Alleghenywountatn Rescue Group, 1994-present

Chair,April 1997-April1999, Group Training Officer, 1997-2001, Canine Director, 1997 - present Supervised entire personnel training program for ground SAR/mountain rescue unit Evaluatedall certification candidates and ensured all members metAS R C standards.

Public education 1 preventive search and rescue presenter: 8-15 programs annually for school groups, scouts,outdoororganizations. Adults and children. DOg safety content and SAR -dog demonstrations.

Selected Canine-Related Publications and Special Projects

'Trust" and "Search and Rescue at Ground Zero" The Bark, Winter2001.

"trust" anthologized in Dog is My Co-Pilot: Great Writers on the World's Oldest Friendship,

Random House (Crown) 2003 .

Co-author, book in progress, Partners tor Life: Developing the Canine Search and Rescue Team Editor; Shepherd's Call: The Newsletter of the English Shepherd Club, January 2002 -February 2003. Raised by Wolves blog, sole author, rated#5 petblog on Technorati, authority rating 778 (11/09)

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English Shepherd Club registry cornmittee.Septerriber Zuoz-present Behavior Coordinator National English Shepherd Rescue, May 2003-present

Foster and train "hard case" ES rescue dogs to prepare them for permanent adoption. Advise rescue coordinators and foster homes nationwide-on resolving behavior issues. Behavior evaluator and training consultantfor 240 near-feral puppymilt rescues, January2009-present.

"Cave Rescue Dog" segment,Animal PlanetseriesK9-to-5, episode217, firstairedApril2001 Pennsylvania SA R Council Canine Standards Committee, 1999-2000; 2005 - present Allegheny Mountain Rescue Group Canine Standards, 1998-1999

Maine Association for Search and Rescue Canine Standards Committee, 1993 Appalachian Search and Rescue ConferenceCanine Subcommittee, 1998. Canine Good Citizen Evaluator#8580

Other Canine-Related Skills

Wilderness EM T, Wilderness Emergency Medical Services Institute/CDS Outdoor School. WEMS I curricula is unique in teaching students to practicetheirWEMT skills on SAR dogs and horses. CDS Wilderness FirstAid Instructor.

Breeder, I have raised four litters of puppies. I also foster infant kittens and pups, can tube-feed neonates, and have a strong background in canine genetics, puppy development, nutrition, and athletic conditioning. I have a strong interestand background in the science of scentand canine olfaction, psychology, ethology, biology, and the scientific method.

Douglas Surber 192 Hall Dr.

Orinda, CA 94563 925-323-1831

Education

Sept 1984 - June 1989

University of Texas At Austin, PhD program in Computer Science.

Sept 1983 - Aug 1984

Northwestern University, Evanston, IL, MS program in Computer Science.

Sept 1976 - June 1980

University of Texas At Austin .. BA in Computer Science .

. Dog TraininglNESR

I was one of the two NESR volunteers who evaluated the dogs at ONB, in Billings, MT.

I have owned and cared for dogs since I was six years old. The first dog I trained formally was a male Great Pyrenees. He was trained to the AKC CD level, though we never attended the obedience trials necessary to earn the title. I continued to train him for several years after. completing the CD level training just because he and I both enjoyed it.

My next and current dog is a German Shepherd Dog, Artemis vom Kiefern Tal

SchH3 IP03 FH PSA1, called TTLodiTT. When I purchased Lodi at 8 weeks old, his breeder invited. us to her Schutzhund club. Lodi and I both enjoyed it immensely so we stuck with it.

I trained extensively with Ivan Balabanov. Ivan is one of the most highly respected Schutzhund trainers in the US. He has won the US National Championship and the World Malinois Championship in addition to many, many other championships and titles. I trained with Ivan at his club for nearly a year before he moved to Florida. Since then I have trained with Ivan in Florida numerous times and have attended half a dozen or more seminars with Ivan locally. When Ivan moved to Florida he recommended that local club members work with me on their obedience exercises. i have also attended seminars with Joanne Plumb, Debbie Zappia, Dean Calderon, and others.

Lodi and I have been quite successful. Lodi competed in his first national championship at the age of3 112,5 months younger than the next younger dog in the event. Since then we have competed in seven more national championships . .In 2004 we were selected to the US team for the FCI World Championship. (The event was not held due to a rabies breakout in France, the host country.) Lodi won the 7004 Northwest Regional Championship and placed second at the

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2005 Northwest Regional Championship .. Lodi is Handler/Owner Trained which means he was entirely trained and handled by me.

I have been the President of the Pacific Coast Working Dog Club, and Acting Training Director and Sargent At Arms for Alameda County Schutzhund Club. I have declined the position of Training Director as I do not have sufficient time to devote to the position.

My wife adopted J enna, an English Shepherd, from NESR about 8 years ago. That was my first exposure to the breed. Later she purchased Rikki, another English Shepherd. Rikki is now a mission ready search dog with CARDA, California Rescue Dog Association. My wife trained Rikki with very little input from me.

Through my wife's association with CARDA, I was asked to serve as a dog training Support Member. I regularly work with search dogs, both mission ready and in training. Each year I give a class on a dog training topic at one of CARDA's state wide training exercises. I am regularly consulted by C~A members outside of our usual training group.

I met Heather Houlahan through my wife's involvement in English Shepherds and OUT involvement in search and rescue. After meeting Heather and training with her, she asked me to evaluate rescue dogs for NESR. Over the next few years I evaluated three or four dogs for NESR. There aren't many English Shepherds so NESR has relatively few dogs to place and only some of them need more extensive evaluation.

When NESR became involved in ONB, Heather asked me to go to Billings and help with rehabilitating the dogs. I spent a week in Billings in early February, 2009.

When it was time to evaluate the dogs for placement she again asked me to come to Billings so we could evaluate the dogs together. We evaluated dogs together for several days, then I had to return home. A week later I returned to Billings several days before Heather and I evaluated dogs by myself for a couple of days prior to her arrival. We then evaluated dogs together before I again had to return home.

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