Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 1 of 8 PageID #: 1
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF LOUISIANA
`ALEXANDRIA DIVISION
`
`BENSON THOMPSON, JACOB
`THOMPSON, AND JACOB THOMPSON
`CATTLE, LLC
`
`VERSUS
`
`KINDER LIVESTOCK AUCTION, LLC
`
`
`NOW COMES Plaintiffs, Benson Thompson, Jacob Thompson, and Jacob Thompson
`Cattle, LLC, who respectfully show the following:
`Introduction:
`1.
`This is an action to enjoin the Defendant’s violation of the Packers and Stockyards Act,
`7 U.S.C.A., § 181, et seq. (the “PSA”). Defendant is unlawfully discriminating against Plaintiffs
`by refusing to provide public services and further extending preferential treatment to
`Plaintiffs’ business competitors. Defendant’s conduct results in an anti-competitive public
`bidding process that violates federal law and continues to cause Plaintiffs to suffer damages.
`Parties:
`2.
`Benson Thompson (“Benson”), is an individual of the age of majority and domiciliary
`of Rapides Parish, Louisiana.
`
`CASE NO. _________________________________
`
`DISTRICT JUDGE ________________________
`
`MAGISTRATE JUDGE ___________________
`
`******
`
`COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF LOUISIANA
`ALEXANDRIA DIVISION
`
`BENSON THOMPSON, JACOB
`THOMPSON, AND JACOB THOMPSON
`CATTLE, LLC
`
`VERSUS
`
`KINDER LIVESTOCK AUCTION, LLC
`
`
`NOW COMES Plaintiffs, Benson Thompson, Jacob Thompson, and Jacob Thompson
`Cattle, LLC, who respectfully show the following:
`Introduction:
`1.
`This is an action to enjoin the Defendant’s violation of the Packers and Stockyards Act,
`7 U.S.C.A., § 181, et seq. (the “PSA”). Defendant is unlawfully discriminating against Plaintiffs
`by refusing to provide public services and further extending preferential treatment to
`Plaintiffs’ business competitors. Defendant’s conduct results in an anti-competitive public
`bidding process that violates federal law and continues to cause Plaintiffs to suffer damages.
`Parties:
`2.
`Benson Thompson (“Benson”), is an individual of the age of majority and domiciliary
`of Rapides Parish, Louisiana.
`
`CASE NO. _________________________________
`
`DISTRICT JUDGE ________________________
`
`MAGISTRATE JUDGE ___________________
`
`******
`
`COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES
`
`
`
`Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 2 of 8 PageID #: 2
`
`3.
`Jacob Thompson (“Jacob”) is an individual of the age of majority and domiciliary of
`Rapides Parish, Louisiana. Jacob is the principal owner of Jacob Thompson Cattle, LLC (“JTC”).
`4.
`JTC is a Louisiana Limited Liability Company whose sole members are domiciliaries of
`Rapides Parish, Louisiana.
`5.
`For purposes of this Complaint, Benson Thompson, Jacob Thompson, and Jacob
`Thompson Cattle, LLC are collectively referred to as “Plaintiffs” unless specifically identified
`otherwise.
`6.
`Defendant, Kinder Livestock Auction, Inc. (“Kinder Livestock”) is a Louisiana
`corporation with a principal place of business, in Allen Parish, Louisiana.
`Facts:7.
`Plaintiffs are in the business of raising and selling cattle and horses.
`8.
`Kinder Livestock is a market agency that operates a stockyard and conducts livestock
`auctions for the general public.
`9.
`Since approximately 2013, Plaintiffs have been actively engaged in the business of
`buying and transporting livestock from Kinder Livestock.
`
`
`
`Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 3 of 8 PageID #: 3
`
`10.
`Throughout this period, Jacob was not allowed by Kinder Livestock to personally
`appear or participate in the auctions, although he was permitted to purchase livestock through
`third parties.
`11.
`These restrictions were ostensibly imposed by Kinder Livestock because of an overdue
`account prior to 2013 in which Jacob’s father was debtor. None of the Plaintiffs are debtors
`of Kinder Livestock.
`12.
`Further, such restrictions were made by Kinder Livestock to appease Plaintiffs’
`business competitors who complained that Plaintiffs should not be allowed services.
`13.
`During the course of this relationship which extended until just recent, Benson
`periodically purchased cattle on behalf of Jacob or JTC, and other times for his own individual
`business or personal use.
`14.
`At a meeting between the parties on May 1, 2020, Kinder Livestock communicated to
`Jacob that he would be allowed to continue purchasing livestock in the manner he had since
`2013.
`15.
`Shortly thereafter, the Plaintiffs’ business competitors threatened to not come to
`auctions if Jacob was allowed to participate, even indirectly.
`
`
`
`Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 4 of 8 PageID #: 4
`
`16.
`On May 4, 2020, in reference to the continued relationship, Kinder Livestock’s owner
`sent a text message to Jacob stating that they [Kinder Livestock] were “catching slack from
`everywhere [and] gonna have to pull out.” 17.
`Accordingly, Kinder Livestock prohibited Jacob from access to public livestock services
`based on third party attempts to eliminate competition and control price.
`18.
`Although Kinder Livestock has excluded Jacob from auction, they nonetheless invite him
`to purchase the leftover livestock from the previous day’s auction. That said, Kinder Livestock
`does not prohibit Jacob’s participation for any reason other than third parties’ desire and
`direction to eliminate his competing business concern.
`19.
`In addition, since May 4, 2020, Kinder Livestock has excluded anyone related to Jacob
`from access to public livestock services, specifically including Benson and Benson’s son Austin,
`regardless of whether or not they are purchasing in their own right.
`20.
`These exclusions are again based on Plaintiffs’ competitors attempting to control the
`market. Further, upon information and belief, Kinder Livestock compensates or has
`compensated certain competitors to appear and participate at auction.
`
`
`
`Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 5 of 8 PageID #: 5
`
`21.
`Kinder Livestock has caved to the will of Plaintiffs’ business competitors under the
`pretext that Jacob lacks creditworthiness (even though he does not purchase on credit), and
`based on prior history with Jacob’s father that has nothing to do with Plaintiffs.
`22.
`To alleviate any concern that Kinder Livestock may have, Jacob has offered to prepay
`for any purchases, including keeping advanced funds on deposit sufficient to cover any
`purchase, and/or wiring funds for payment before the livestock would leave the premises. In
`addition, Plaintiffs have requested that Kinder Livestock at least allow their participation if
`purchasing through an authorized dealer. All of these reasonable proposals have been
`summarily refused by Kinder Livestock.
`23.
`While simultaneously denying Plaintiffs even the ability to prepay, Kinder Livestock
`nonetheless extends credit to Plaintiffs’ business competitors and allows account balances to
`be carried over in violation of the PSA.
`24.
`Jacob’s primary source of income comes from livestock operations and is entirely
`dependent on this ability to participate and receive services from Kinder Livestock.
`25.
`Kinder Livestock’s violation of law has caused and will continue to cause damages to
`Plaintiffs for each week in which they are denied access to public participation.
`
`
`
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`
`Applicable Law:
`26.
`Kinder Livestock is a public utility and contractor with respect to livestock and livestock
`products, and is therefore subject to the provisions of the PSA.
`27.
`Pursuant to 7 U.S.C.A. § 192(a)-(b), Kinder Livestock is prohibited from engaging in any
`unfair, discriminatory, or deceptive practice, or otherwise making/giving any preference or
`advantage to a particular person or entity, or subject any particular person or entity to
`unreasonable prejudice or disadvantage in any respect.
`28.
`Plaintiffs show that Kinder Livestock’s refusal to allow their participation at auction is
`unfairly discriminatory and without any justifiable purpose.
`29.
`Plaintiffs show that Kinder Livestock’s request that Plaintiffs purchase leftover livestock
`on days following auction to appease Plaintiffs’ business competition is deceptive, and without
`any justifiable purpose.
`30.
`Plaintiffs show that Kinder Livestock’s refusal to allow their participation at auction
`constitutes preferential or advantageous treatment in favor of Plaintiffs’ business competitors,
`and is anti-competitive in nature.
`
`
`
`Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 7 of 8 PageID #: 7
`
`31.
`Plaintiffs show that Kinder Livestock’s conduct violates federal law and is immoral,
`unethical, oppressive, unscrupulous, and substantially injurious to consumers, resulting in a
`further violation of the Louisiana Unfair Trade Practices Act, La. R.S. 51:1401, et seq.
`Relief Sought:
`32.
`Plaintiffs seek the issuance of a preliminary injunction, enjoining and prohibiting
`Kinder Livestock from refusing Plaintiffs’ participation at public auction.
`33.
`Plaintiffs show that substantial irreparable harm will occur in the absence a preliminary
`injunction.
`34.
`Considering the competitive bidding that occurs in this industry, the economic concerns
`at issue are unable to be established by dollar value and are incapable of any non-speculative
`calculation.
`35.
`Plaintiffs’ operations are threatened with endless disability. This threatened injury
`substantially outweighs any harm that could result from the issuance of preliminary relief, and
`the public interest would not be disserved by requiring a public market agency to serve all the
`public in accordance with law.
`36.
`Plaintiffs further seek permanent injunctive relief following trial on the merits, and in
`the same form of the preliminary injunction requested.
`
`
`
`Case 1:20-cv-00868-RRS-JPM Document 1 Filed 07/09/20 Page 8 of 8 PageID #: 8
`
`37.
`Plaintiffs lastly seek all damages recoverable by law, together with legal interest from
`the date of judicial demand on all amounts awarded.
`WHEREFORE, Plaintiffs pray for preliminary injunctive relief, enjoining Kinder
`Livestock from refusing Plaintiffs’ participation in public services, and in due course, for the
`issuance of a permanent injunction in the same form and substance of the preliminary
`injunction, and for a further award of damages with legal interest from the date of demand,
`together with reasonable attorney fees and all costs taxed against Defendant.
`Respectfully submitted, this the 9th day of July, 2020.
`By:
` /s/ B. Gene Taylor III
`Bradley L. Drell, (Bar Roll #24387)
`B. Gene Taylor III (Bar Roll #33407)
`2001 MacArthur Drive
`P. O. Box 6118
`Alexandria, LA 71307-6118
`(318) 445-6471
`
`GOLD, WEEMS, BRUSER, SUES & RUNDELL
`
`ATTORNEYS FOR PLAINTIFFS
`
`
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