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‘Substantive’ settlement talks underway in Iowa puppy mill case
This female Bernese mountain dog belonging to Wayne County dog breeder Daniel Gingerich was found by inspectors with a wound or injury to its nose. (Photo from U.S. District Court exhibits)
A contempt-of-court hearing for Wayne County dog breeder Daniel Gingerich has been rescheduled for Nov. 1 due to settlement negotiations between Gingerich and federal officials.
Gingerich had been scheduled to appear in federal court Thursday to argue why he shouldn’t be held in contempt and have his 453 dogs seized by the government. He is currently facing sanctions from both the U.S. Department of Agriculture and the Iowa Department of Agriculture and Land Stewardship for more than 100 violations of the Animal Welfare Act.
On Oct. 8, Gingerich was ordered to surrender all dogs in his possession that were in acute distress and in need of medical care. Once those dogs were surrendered, Gingerich retained custody of 453 dogs.
According to court filings by the Department of Justice, the government’s lawyers have been engaged in “substantive settlement discussions” with Gingerich and his attorney, Michael Byrne of Mason City, in recent days, all in an effort to “resolve this case without the need for further litigation.”
Both sides informed the court Wednesday that continued discussions were necessary to determine whether a settlement is possible. If it is, they said, the parties need will additional time to finalize the deal and obtain the court’s approval.
They asked U.S. District Court Judge Stephanie Rose to delay today’s planned hearing one week, until Oct. 28. Rose agreed to the joint request for a continuance, but rescheduled the hearing for Nov. 1.
The parties have not publicly disclosed the current status of Gingerich’s 453 dogs. At the most recent court hearing, on Monday, evidence was presented that indicated some of the dogs are still breeding, some are still dying, and some are missing and unaccounted for.
An attorney for the Department of Justice referred all questions about the dogs to the DOJ’s Office of Public Affairs, which did not respond to questions about the animals’ status. Byrne could not be reached for comment.
At Monday’s hearing, Rose denied Gingerich’s request to transfer all of his dogs to the Love Pet Project, a self-described “rescue” group based in Zionsville, Indiana. The DOJ has asked that the dogs be transferred to the Animal Rescue League of Iowa, a position that Rose has said she agrees with. Gingerich has objected to that proposal, with his attorney telling the court Gingerich “simply prefers that the ARL not have involvement” in the case.
It’s not known whether the current round of settlement discussions include negotiations over a $20,000 fine that the Iowa Department of Agriculture and Land Stewardship has imposed against Gingerich, or the potential for criminal enforcement of Iowa’s animal-welfare laws.
Rose has told the DOJ she is open to a “creative” resolution of the case – even, she said, if that means “bailing out Mr. Gingerich legally” so that the animals still in his custody could be transferred to others who will care for them.
State and federal records indicate Gingerich does business under the name Maple Hill Puppies and that he has been operating kennels or breeding facilities in 10 different locations throughout Iowa. Records suggest that at one time, he had at least 1,000 dogs and puppies on hand.
“At a minimum, hundreds of dogs have vanished in the last few months from (Gingerich’s) possession,” DOJ lawyers have told the court.
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