7/2008 Amended Complaint Filed Against LongBranch Partners, LLC, Jeff Fudge & Others
7/2008 Amended Complaint Filed Against LongBranch Partners, LLC, Jeff Fudge & Others
7/2008 Amended Complaint Filed Against LongBranch Partners, LLC, Jeff Fudge & Others
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AMENDED COMPLAINT
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COME NOW the Plaintiffs, RPA Marketing, Inc., and Roger W. Prall, by and
through counsel, and file this their Amended Complaint, and in support of such
its principal place of business being located at 1700 West Government Street, Brandon,
Mississippi.
County, Mississippi.
liability company doing business within the State of Mississippi, and which may be
served with process of this Court by and through Teresa Sullivan, 489 Highland Circle,
Ellijay, Georgia.
Case 3:08-cv-00417-HTW-LRA Document 26 Filed 09/16/08 Page 2 of 4
business within the State of Mississippi, and which may be served with process of this
Court by and through its known agent, Jeff Fudge, 442 Regatta Bay Boulevard, Destin,
Florida.
(e) The Defendant, Jeff Fudge, is a resident citizen of Florida and may
be served with process of this Court at 442 Regatta Bay Boulevard, Destin, Florida.
company doing business within the State of Mississippi and which may be served with
process of this Court by and through Sandy Douglas, One Coca Cola Plaza, Atlanta,
Georgia.
Prall, entered into a contract with the Defendants, LongBranch Partners, LLC,
LongBranch Foods, LLC, and Jeff Fudge, whereby the Plaintiffs agreed to promote,
market, and sell various products, most, if not all, of which were produced by CCDA
Waters, LLC, on behalf of said Defendants. In return for promoting, marketing, and
selling sixty thousand (60,000) cases of VASA labeled water, the Defendants agreed to
pay unto the Plaintiffs the sum of ten cents (.10) for each case of water sold. As for all
other products sold, the Defendants agreed to pay unto the Plaintiffs a commission in
the amount of three percent (3%) of all monies derived from the sale of such products.
included, but are not limited to, Dollar Tree and Family Dollar. Although many sold
products have thus far been delivered, many products remain to be delivered
2
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about or concerning said Plaintiffs. As a result, the Defendants are liable to the
Plaintiffs under the tort theories of injurious falsehood, intentional interference with
suffered, and continue to suffer from, a loss of income, loss of business opportunity,
Foods, LLC, and Jeff Fudge, acted as actual, implied, or apparent agents for the
Defendant, CCDA Waters, LLC. Accordingly, CCDA Waters, LLC, is vicariously liable
and Roger W. Prall, demand judgment of and from LongBranch Partners, LLC,
LongBranch Foods, LLC, Jeff Fudge, and CCDA Waters, LLC, jointly and severally, in
the amount of $1,000,000 for actual damages, plus punitive damages in the amount of
3
Case 3:08-cv-00417-HTW-LRA Document 26 Filed 09/16/08 Page 4 of 4
Respectfully submitted,
CERTIFICATE OF SERVICE