| HSUS | Swiss Animal Protection | furisdead.com | Coalition to Abolish the Fur Trade | furkills.org | Anti-Fur Society | vegan.com |
| On May 31, 2007 Gregg and Linda Schumacher dba Schumacher Furs & Outerwear in Portland Oregon ended their sales of cruelty and suffering |
| If you were expecting the website for Schumacher Furs and would like to go there now click here |
| The Constitution, Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note |
| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
| 1/25/2008 - Regarding the lawsuit...the Schumachers, on their website, state that "This will be a precedent-setting court case that will protect us all!". A precedent-setting case? Maybe, probably...I'm confident it is...an excellent day for free speech rights and the animals. The law and process worked, a frivilous/meritless lawsuit was rejected. My experience in this case has left me with a huge respect for Judge Mosman, his fairness, his integrity, and his respect for the Constitution. Thank you Judge Mosman. The issue of the attorney fees....motions had been submitted to recover from the Schumachers $99,430.85 (all activist defendants). On January 23, 2008 Judge Mosman ruled for the defendants in the amount of $96,870.85. From oregonlive.com: |
| In his order, Mosman called the facts of the case "extraordinary" but said the Schumachers had abused the legal process. "Although the (Schumachers) may have had meritorious claims against people whose names they did not know, or even against the City of Portland," Mosman wrote, "they sued people against whom they had no evidence for $6.6 million, sought to restrict their First Amendment rights, and disparaged their reputations with accusations of criminal conduct, terrorist affiliations and responsibility for 'shutting down' a business whose financial solvency was questionable before the protesting activities began." |
| Continued, from the ruling/order (pages 14 & 15): "This was an extraordinary abuse of the litigation process. Although I am slightly reducing the fees requested, as explained below, I find that awarding fees in this case will properly serve to deter putative plaintiffs from filing multi-million dollar suits against non-profit groups and citizens engaged in First Amendment activities until they have thoroughly investigated the facts and researched the law." |
| Gregg and Linda Schumacher, shame on you for putting us through this. And double shame on you for your role in promoting the cruel fur industry. Click here for the 1/25/2008 oregonlive.com blog article. The expanded Oregonian 1/26/2008 "Furrier ordered to pay protesters' legal fees - $96,870 - A federal judge calls Gregg Schumacher's suit against animal-rights activists abuse of the courts" article can be found here. Those of you who received or purchased the paper version of the 1/26 Oregonian might have found the story and a picture of Gregg Schumacher on the front page above the fold (I did, got my copy in the evening). Excellent. Click here for the judge's ruling/order (1/23/2008). |
| Just have to share: Schumacher split widens with suit, Furs - Mark Schumacher seeks $520,000 from his brother, Gregg (Oregonian, 10/31/07) |
| and if that isn't bad enough for the Schumachers, there's this gem: Former Portland furrier drops lawsuit against city (oregonlive.com, 11/20/07); Stipulation of Dismissal |
| The Lawsuit (Case Dismissed!!) |
| It's was Saturday, April 21, 2007 when the initial complaint papers were served to a couple of the activist defendants in front of the Schumacher's store. A few of the Schumacher employees hovered, obviously pleased as local TV media recorded our statements. I suppose whatever joy they felt that day has dissipated. It's been an interesting and very stressful ride since we first received the complaint. Regardless of what Gregg and Linda Schumacher say the outreach was always about the animals. I think the Schumachers thought the suit would scare the activists away. There is no doubt that the suit had a chilling effect on the free speech taking place there, but the truth has always been on our side, and on the side of the animals, the real victims. The case (all claims) against defendants IDA, PETA, Matt Rossell and Connie Durkee was dismissed on June 18. The case against defendant Mieras was partially dismissed on that same day. Defendant Mieras provided live testimony and was cross-examined during that hearing. Plaintiff Gregg Schumacher was in the courtroom that day too but he did not provide live testimony. I'm guessing he was afraid of the cross-examination. That would have been very entertaining. A couple of issues/claims awaited Judge Mosman's ruling. This website was part of the grievance filed by the Schumachers and as you can see the website lives (read the judge's ruling and opinion about the website and other matters below). On September 20 we received the good news. On the remaining claims Judge Mosman ruled in favor of defendant Mieras. The Schumachers on their website have called this a precedent-setting case. I have no problem with that. The truth matters. Evidence (or the lack of it) matters. Allegations are not evidence. This is a victory for free speech. This is a victory for the animals. Most recent rulings....Complaint against defendant Mieras is Dismissed with Prejudice (9/20/07), and Schumacher Motion for Reconsideration (pertaining to dismissal of claims against PETA, IDA, Rossell and Durkee) is Denied (10/10/07), Plaintiff's Motion for Extension of Time (City of Portland part of the case) is granted (10/10/07), Plaintiff's response to Mieras Motion for Attorney Fees (10/17/07), and counsel's reply on behalf of defendant Mieras (10/22/07). And on 1/23/2008 Judge Mosman ruled on attorney fee motions...in favor of the defendants...time to celebrate. See below for more. |
| From the PACER website regarding the 6/18/07 oral argument hearing: |
| MINUTES of Motion Hearing: Defendant Kevin Meiras sworn and evidence adduced. Order GRANTING motions to strike of In Defense of Animals, Matt Rossell, Connie Durkee 16 and People for the Ethical Treatment of Animals (#29). Order DENYING motion for reconsideration of injunctive order (#45) of Kevin Mieras. Order, relieving Kevin Mieras from order/preliminary injunction (#42) pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure, based on the court's finding that the evidence now before the court does not support ongoing restraint of Kevin Mieras' liberties. Order GRANTING IN PART the motion to strike of Kevin Mieras 16, and TAKING UNDER ADVISEMENT, as of June 28, 2007, the remaining portions of the motion to strike of Kevin Mieras 16. Simultaneous briefing on the remaining portions of the motion to strike of Kevin Mieras are due by June, 2007. Order DENYING AS MOOT all other outstanding motions (#s 13, 15, 18, 20). Herbert Grey and Jonathan Clark present as counsel for plaintiff(s). William Manlove, III, Mark McDougal, Greg Kaufoury, Natalie McDougal, David Hosenpud, Eric Wilson, Jami L Pannell and Shauna M Curphey present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Related document(s): Motion to Strike16.) (dls) (Entered: 06/19/2007) |
| (bold emphasis by the manager of this website) |
| The meritless claims against defendants IDA, PETA, Rossell, Durkee and Mieras have all been dismissed and they are seeking from the Schumachers payment for their legal costs. Check out the docs submitted on behalf of PETA, IDA, Rossell and Durkee, Mieras and the Schumachers. |
| Oct. 22, 2007: Reply to Plaintiff's Response to Motion For Award of Attorney Fees submitted on behalf of defendant Mieras |
| Oct. 31, 2007: Supplemental Motion for Attorney fee docs for PETA, IDA, Rossell and Durkee and the Schumachers. |
| Recovery of Attorney Fees - Amount Sought | ||
| Motion for Attorney Fees IDA Rossell Durkee - $29,822.50 | ||
| Motion for Attorney Fees PETA - $39,116.00 | ||
| Motion for Attorney Fees Mieras - $18,950.00 | ||
| Supplemental Motion for Attorney Fees IDA Rossell Durkee - $4,912.50 | ||
| Supplemental Motion for Attorney Fees PETA - $6,629.85 | ||
| Total - $99,430.85 |
| Most of the documents pertaining to this case and submitted to the court are found in these zipped files: 1, 2 and briefs for the plaintiffs and defendant Mieras submitted to the court on 6/28/07 |
| September 2007: Schumacher Motion for Reconsideration and Defendant's (IDA, Rossell, Durkee, PETA) response |
| OPINION AND ORDER: For the foregoing reasons, the Court GRANTS, in whole, Defendant Kevin Mieras' Special Motion to Strike the Complaint 16. Signed on 9/20/07 by Judge Michael W. Mosman. (dls) (Entered: 09/20/2007) |
| RULE 54(b)JUDGMENT OF DISMISSAL AS TO DEFENDANT KEVIN MIERAS. Based on the Opinion and Order filed herewith, and finding no just reason for delay in the entry of this judgment, I direct the clerk of this Court to enter final judgment, DISMISSING WITH PREJUDICE Plaintiffs' complaint against Kevin Mieras, pursuant to Federal Rule of Civil Procedure 54(b). IT IS SO ORDERED. Signed on 9/20/07 by Judge Michael W. Mosman. (dls) (Entered: 09/20/2007) |
| OPINION AND ORDER: OPINION AND ORDER: Plaintiffs' Motion for Reconsideration 90 of this Court's Judgment of Dismissal as to PETA, IDA, Rossell and Durkee(#68) is DENIED. IT IS SO ORDERED. Signed on 10/10/07 by Judge Michael W. Mosman. (dls) (Entered: 10/11/2007) |
| Scheduling Order by Michael W. Mosman. Motion for Attorney Fees (#76), Motion for Attorney Fees (#84), and Motion for Attorney Fees On Behalf of Defendant Kevin Mieras (#104) are taken under advisement as of 10/29/2007. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/11/2007) |
| The Schumachers and the City of Portland are on a different path in this case; from the PACER website regarding the Plaintiff's Motion for Extension of Time (submitted 10/4/07): |
| ORDER: GRANTING Motion for Extension of Time 105. Discovery is extended from 8/20/07, to be completed by 12/3/2007. Completion of depositions to be completed by 1/15/2008. Dispositive Motions are due by 3/31/2008. Joint Alternate Dispute Resolution Report and the Pretrial Order are due 30 days after the completion of dispositive motions. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/10/2007) |
| For all of the legal documents pertinent to this case go to the PACER website; register then do a Civil Search on case '3:2007cv00601' |
| In the News |
| ">Thank you Portland-area citizens for saying no to fur, compassion is the fashion |
| ">The outreach that took place at the corner of SW 9th & Morrison (and will continue elsewhere) was and is always about the animals |
| ">Those whose lives were stolen from them for their fur, for fashion, were and are always in our thoughts |
| ">All beings tremble before violence. All fear death, all love life. See yourself in others. Then whom can you hurt? What harm can you do? -- Buddha |
| Quick Time Movie format. If video fails to start click here. |
| You are about to watch a film by Mark Rissi. Mr. Rissi has kindly offered links to this video and the accompanying printed report, updated April 13, 2006. Please check out the Swiss Animal Protection website. Credit for this video goes 100% to Mark Rissi. |
| Fun Fur? A Report On the Fur Industry in China Dying for fur - A Report On the Fur Industry in China |
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"Once pulled from its cage, the raccoon dog curls up into a ball in mid-air. A few middle-aged women carrying wooden clubs gather round. One woman in a headscarf is first to grab hold of the raccoon dog's tail and the others drift away peevishly. The woman in the deadscarf swings the animal upwards. It forms an arc in the air and is then slammed heavily to the ground, throwing up a cloud of dust. The raccoon dog tries to stand up, its paws grabbing in the grit. The wooden club in the woman's hand swings down on its forehead. The woman picks up the animal and walks towards the other side of the road, throwing it onto a pile of other raccoon dogs. A stream of blood trickles from its muzzle, but its eyes are open and it continues to repeatedly blink, move its paws, raise its head and collapse to the ground. Beside it lies another raccoon dog. Its four limbs have been hacked off but it still continues to yelp. Ten or more minutes later Qin Lao approaches the raccoon dog with a knife. His job is to skin the animals. The raccoon dog is suspended upside down from a hook on the overhead bar of of a motor-tricycle and the area around the hind legs and anus is scored with a knife. There is a ripping sound as the skin is torn completely from the hind legs and the animal struggles to turn away, crying out. The skin is ripped up to the abdomen. Quin Lao's body is bent with effort like a bow at full stretch, but the fur remains stubbornly attached to the flesh. A middle-aged woman jogs over to help, and their backs arched with strain. The whole fur is finally ripped from the raccoon dog's body. The animal is thrown onto the back of the truck, steam rising from its blood-red body. It tries to stand up again, lifting its head and glancing down at its own body. Without blinking it tries once more to turn its head and then falls still. 'Skinning the animal dead or alive is all the same, but it is more convenient and neater this way. Everyone has always done it like this', explains Qin Lao. From Dying for fur - A Report On the Fur Industry in China. |
This site is not affiliated with In Defense of Animals (IDA), national or local, or any other for-profit or non-profit organization This site is not affiliated with or endorsed by Schumacher Furs & Outerwear in Portland, Oregon If you would like to visit the website of Schumacher Furs click here. This site is not affiliated with any retailer selling fur or other items. This site is not a commericial site and the operator(s) seek no monetary gain from the Schumacher name or the names of other retailers. This site is an anti-fur campaign site. Fair Use trademark laws are being followed regarding the use of names of fur retailers on this site. |