A mediator failed to resolve a federal lawsuit between five horse owners and the Cabot-based animal rescue group that took possession of their animals, according to court papers.

That lawsuit, which claims the animals were removed under the duress of Equine Angels Rescue owner, Pam Vivirito, and the state police, seeks the return of the animals.

The plaintiffs are Brian Arendosh of Fairview Township; Geraldine Geibel of Summit Township; Debra Gaus and Jessica Gosset of Venango County; and Elan Welter-Lewis of Clearfield Township.

In addition to Equine Angels Rescue, they are suing state trooper Shawn E. King and veterinarian Brian Burks of Fox Equine Center.

Federal Court District Judge Terrence McVerry is presiding over the lawsuit, which now will continue.

Court records say the mediation was held Oct. 8 by a neutral attorney.

At the same time, Arendosh and Welter-Lewis are scheduled to argue next week to Butler County Judge Timothy McCune why their horses should be returned.

Those two horses owners allege their horses were removed illegally as part of a police investigation into alleged animal cruelty, and therefore should be returned because the cases eventually were dismissed by Butler County District Attorney Richard Goldinger.

The district attorney has taken the stand in court that if the animals were seized as evidence by police, they should be returned. But lawyers representing Vivirito and Equine Angels Rescue say they are the legal owners of the horses because the owners voluntarily gave them up.