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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF MISSISSIPPI
`ABERDEEN DIVISION
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`CIVIL CASE NO: __________________
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`STEVEN C. WILKES,
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`PLAINTIFF,
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`v.
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`CARGILL, INC.
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`DEFENDANT.
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`COMPLAINT
`COMES NOW, the Plaintiff, Steven C. Wilkes, (hereinafter referred to as
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`“Plaintiff”), by and through the undersigned counsel of record, and states unto this
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`Honorable Court a cause of action against Cargill, Inc., (hereinafter referred to as
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`“Cargill”) and would show unto the Court as follows:
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`1. This is an action to recover damages for violation of the Employee Retirement Income
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`Security Act of 1974 (ERISA) 29 U.S.C. §1001, et. seq. This Court has federal question
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`jurisdiction under 28 U.S.C. §1331 to recover damages for violation of the Employee
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`Retirement Security Act of 19774. Venue is proper in the Northern District of Mississippi
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`because the actions complained of herein occurred in the Northern District of Mississippi.
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`2. Steven C. Wilkes is an adult resident citizen of Lowndes County, Mississippi.
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`3. Defendant, Cargill, Inc., is a Delaware Corporation which may be served with
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`process through its registered agent, CT Corporation in Flowood, Madison County,
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`1
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`Case: 1:22-cv-00012-GHD-DAS Doc #: 1 Filed: 01/11/22 2 of 3 PageID #: 2
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`Mississippi.
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`4.
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`Plaintiff was employed by the Defendant from 1977 to 1986 as a full-time,
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`regular employee. At the time, Cargill was operating a plant in Lowndes County,
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`Mississippi.
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`5.
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`In 1986, Cargill closed the Lowndes County plant and ceased operations.
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`At the time Cargill closed the Lowndes County plant, Plaintiff became fully
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`vested by Cargill and became entitled to pension benefits.
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`7.
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`Plaintiff never had disciplinary problems and was not terminated for cause
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`by Cargill.
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`8.
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`Cargill provided Plaintiff with paperwork which stated that he had been
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`fully vested and Plaintiff was told verbally by Cargill that he was vested and would
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`receive retirement benefits.
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`9.
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`Plaintiff contacted Cargill in 20211 to set up his pension benefits and Cargill
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`denied his benefits.
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`10. As a result of Cargill’s failure to provide Plaintiff with the pension benefits
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`to which he is entitled, Cargill has violated ERISA.
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`11. Plaintiff is entitled to damages for his pension, other benefits under the terms
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`and conditions of the plan, attorney’s fees, and other damages and costs as this Court
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`deems appropriate.
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`2
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`Case: 1:22-cv-00012-GHD-DAS Doc #: 1 Filed: 01/11/22 3 of 3 PageID #: 3
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`Respectfully submitted this the 11th day of January, 2022,
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`/s/ Stephanie Smith Woodard
`STEPHANIE SMITH WOODARD, MSB#105882
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`Counsel for Plaintiff
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`OF COUNSEL:
`WOODARD LAW FIRM, LLC
`501 7th Street North, Suite 8
`Columbus, MS 39701
`(662) 574-8824
`woodardlawllc@gmail.com
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`SERVE DEFENDANT:
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`Cargill, Inc.
`c/o CT Corporation System
`645 Lakeland East Drive, Ste. 101
`Flowood, MS 39232
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`3
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