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Case 3:08-cv-00417-HTW-LRA Document 26 Filed 09/16/08 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF MISSISSIPPI

RPA MARKETING, INC., AND


ROGER W. PRALL PLAINTIFFS

VS. CAUSE NO. 3:08-CV-417-HTW-LRA

LONGBRANCH PARTNERS, LLC,


LONGBRANCH FOODS, LLC, JEFF
FUDGE, AND CCDA WATERS, LLC DEFENDANTS

_____________________________________________________________________

AMENDED COMPLAINT
_____________________________________________________________________

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

Complaint would show unto the Court the following:

1. (a) The Plaintiff, RPA Marketing, Inc., is a Mississippi corporation with

its principal place of business being located at 1700 West Government Street, Brandon,

Mississippi.

(b) The Plaintiff, Roger W. Prall, is an adult resident citizen of Rankin

County, Mississippi.

(c) The Defendant, LongBranch Partners, LLC, is a Georgia limited

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.
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(d) The Defendant, LongBranch Foods, LLC, is a business entity doing

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.

(f) The Defendant CCDA Waters, LLC, is a Delaware limited liability

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.

2. In May of 2007, the Plaintiffs, RPA Marketing, Inc., and Roger W.

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.

3. Pursuant to the terms of the subject contract, the Plaintiffs promoted,

marketed, and sold numerous products on behalf of the Defendants. Customers

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

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Case 3:08-cv-00417-HTW-LRA Document 26 Filed 09/16/08 Page 3 of 4

throughout the 2008 calendar year.

4. To date, the Defendants have failed or refused to compensate the

Plaintiffs for all earned commissions, conservatively estimated to be in the approximate

amount of $280,000, resulting in a breach of the subject contract. In addition, the

Plaintiffs assert that the Defendants engaged in misrepresentation and fraud, as

evidenced by their failure to remit all monies due to the Plaintiffs.

5. The Plaintiffs assert that the Defendants published defamatory statements

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

prospective business relations, and/or defamation.

6. As a direct and proximate result of such improper conduct, the Plaintiffs

suffered, and continue to suffer from, a loss of income, loss of business opportunity,

emotional and mental distress, and harm to reputation.

7. At all times, the Defendants, LongBranch Partners, LLC, LongBranch

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

for all improper actions mentioned herein.

WHEREFORE, PREMISES CONSIDERED, the Plaintiffs, RPA Marketing, Inc,,

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

$1,000,000, along with attorney fees, interest and costs of court.

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Respectfully submitted,

RPA Marketing, Inc., and Roger W. Prall

BY:/s/ Eduardo A. Flechas


EDUARDO A. FLECHAS

Eduardo A. Flechas, MSB # 10669


FLECHAS & ASSOCIATES, P.A.
318 South State Street
Jackson, Mississippi 39201
Telephone: (601) 981-9221
Facsimile: (601) 981-9958
edflechas@aol.com

CERTIFICATE OF SERVICE

I, Eduardo A. Flechas, do hereby certify that on the below date I electronically


filed the foregoing instrument with the Clerk of the Court, via the ECF system, with
notification being provided to the following by and through the ECF system:

James A. Bobo, Esq.


Akers & Bobo
20 Eastgate Drive, Suite D
Brandon, Mississippi 39043

Sharon F. Bridges, Esq.


Brunini, Grantham, Grower & Hewes
Post Office Box 119
Jackson, Mississippi 39201

SO CERTIFIED, this, the 16th day of September, 2008.

/s/ Eduardo A. Flechas


EDUARDO A. FLECHAS