Cisneros ex rel. Situated v. Petland, Inc.

341 F. Supp. 3d 1365
CourtDistrict Court, N.D. Georgia
DecidedApril 17, 2018
DocketCIVIL ACTION FILE NO. 1:17-CV-2828-MHC
StatusPublished
Cited by1 cases

This text of 341 F. Supp. 3d 1365 (Cisneros ex rel. Situated v. Petland, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cisneros ex rel. Situated v. Petland, Inc., 341 F. Supp. 3d 1365 (N.D. Ga. 2018).

Opinion

MARK H. COHEN, United States District Judge

This case comes before the Court on Defendant Pawsitive Solutions, Inc. ("Pawsitive")'s Motion to Dismiss [Doc. 14], Defendant Petland, Inc. ("Petland")'s Motion to Dismiss [Doc. 15], and Defendants BKG Pets, Inc. and Pets BKG LLC ("BKG Defendants" or "Petland Kennesaw")'s Motion to Dismiss [Doc. 16].

I. BACKGROUND

Plaintiff Rosalba Cisneros ("Cisneros"), on behalf of herself and a prospective class, filed a three-count complaint against Pawsitive, Petland, and the BKG Defendants (collectively, "Defendants"), alleging that Defendants violated the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq. , and its state analog, O.C.G.A. § 16-14-4, when it sold her a dog that was certified as healthy but died soon after she purchased *1369it. See generally Compl. [Doc. 1]. Petland is "the largest national retailer selling puppies to consumers, and conducts its operations through approximately 80 retail store franchisees in the United States."Id. ¶ 16. The BKG Defendants are franchisees of Petland and operate a Petland store in Kennesaw, Georgia. Id. ¶ 19. Pawsitive contracts with Petland and Petland franchisees "as a business consultant, to help pet store owners ...." Id. ¶ 26. Pawsitive also serves as a customer "claims manager" and is the entity customers are instructed to call "as a matter of first recourse" if a purchased animal is found to be ill. Id. ¶ 24.

A. Allegations Specific to Cisernos

Cisernos purchased a Shih Tzu puppy named Giant, from Petland Kennesaw on December 10, 2015, for $2,400. Id. ¶ 29. Included in the purchase price was a veterinary certification that the animal was healthy and fit for sale. Id. Veterinarian Dr. Walton Waller ("Dr. Waller") certified the puppy as healthy, fit for adoption, and free of parvovirus. Id. ¶¶ 21, 30. Cisemos also purchased, for $500, a membership in the "Puppy for a Lifetime Program" that purportedly would provide a replacement puppy under certain circumstances if the customer periodically purchased certain dog food, vitamins, and supplements. Id. ¶ 29. Petland also provided a "Limited Puppy Purchase Contract" that warranted care through Pawsitive and Dr. Waller. Id. ¶ 31.

Upon arriving at Cisneros' home on the day of purchase, Giant began vomiting and had severe diarrhea. Id. ¶ 32. On December 14, 2015, Cisemos brought Giant to Dr. Waller, who did not diagnose the dog with any condition, but provided a prescription for an antibiotic. Id. The next evening, Cisemos took Giant to an emergency veterinarian at a clinic unaffiliated with Petland, who diagnosed the dog with parvovirus, a serious and highly contagious condition. Id. The emergency veterinarian reported the incidence of parvovims to the Georgia Department of Agriculture ("GDOA") as required by Georgia law. Id. The next day, Cisemos called Petland Kennesaw and informed them of the parvovirus diagnosis. Id. ¶ 33. Petland Kennesaw instructed her to resubmit Giant to treatment with Dr. Waller if she wanted to be reimbursed for the veterinary care under the warranty. Id. Cisneros followed these instructions and brought Giant to Dr. Waller. Id.

Dr. Waller did not provide treatment for parvovims, and Giant died while in Dr. Waller's care. Id. On December 19, 2015, a representative of Pawsitive called Cisneros and "falsely stated that Giant was improving and would be released from Waller's care the following week." Id. ¶ 34. On September 21, 2015, Dr. Waller reported to the GDOA that Giant died of liver disease on December 19, 2015. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
341 F. Supp. 3d 1365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cisneros-ex-rel-situated-v-petland-inc-gand-2018.