Organic Farm Releases Update on Latest Developments in Multi-Million Dollar Lawsuit

This is an update to a previous release pertaining to Civil Action No. 2004-02 filed on August 23, 2004 in the Circuit Court of the Second Judicial District of Hinds County, in Raymond, Mississippi, for the many people who have inquired as to the current status of this suit.

Raymond, MS (PRWEB) July 12, 2007 -- This is an update to a previous release pertaining to Civil Action No. 2004-02 filed on August 23, 2004 in the Circuit Court of the Second Judicial District of Hinds County, in Raymond, Mississippi, for the many people who have inquired as to the current status of this suit.

In brief, Plaintiffs Marie Bateman and Lawrence Pelletier of Magic Wiggler Worm Ranch, an organic farm in Raymond, Mississippi, filed a multi-million dollar libel suit against Defendants Martin T. Gray, Sr. and Martin T. Gray, Jr. alleging intentional interference between Magic Wiggler and its only sufficient worm food supplier -- Cal-Maine Dairy in Edwards, Mississippi -- caused catastrophic and irreparable damage to their commercial enterprise.

On March 29, 2006, the defendants filed a Motion For Summary Judgment alleging there were no genuine issues of material fact in this case, because Cal-Maine Dairy director Bill Gill's decision to stop giving Magic Wiggler organic waste was an independent business decision and not a result of complaints made by the defendants.

A hearing on the Summary Judgment was held on July 21, 2006, before Honorable Bobby B. Delaughter, Circuit Court Judge. On July 28, 2006, an Order Granting Motion For Summary Judgment and Final Judgment of Dismissal with Prejudice was entered.

"Summary Judgment is granted in only about one percent of all civil actions and is usually reserved for cases that are wholly without merit. We feel that is certainly not the case here," said Marie Bateman of Magic Wiggler.

On August 23, 2006, the Plaintiffs filed their Notice of Appeal to the Mississippi Supreme Court, Case NO. 2006-CA-01441. On January 25, 2007, Plaintiffs filed Record Excepts from the July hearing and their Brief For Appellants with the Mississippi Supreme Court. Defendants filed their Brief for the Appellees on February 20, 2007. The Plaintiffs filed their final Appellants' Brief In Reply on March 6, 2007. In Mississippi, all appeals go to the Supreme Court and they, in turn, decide whether to adjudicate the case or pass it down to the Court of Appeals. On March 20, 2007, the Supreme Court passed this case down to the Mississippi Court of Appeals, now Case No. 2006-CA-01441-COA.

Magic Wiggler is currently awaiting the court's decision as to whether it will ever be granted its Constitutional right to a jury trial.

Page 2 of the Appellants' Brief In Reply states, "The Grays argue that Cal-Maine made an independent business decision to terminate the supply of manure to Bateman and Pelletier. Not True. Mr. Gill testified that he stopped the supply as a result of the Grays' complaints. Mr. Gill also testified that if Bateman and Pelletier could work out their differences with the Grays he would resume the supply. What stronger evidence could there be for the conclusion that the Grays intentionally interfered with Bateman and Pelletier's business relations with Cal-Maine with the result that their worm farm was destroyed." Also, on page 11 of the Brief For Appellants it says, "Mr. Gill states in his affidavit that he sent a Cal-Maine employee, Willie Thompson, Jr., to the worm farm who reported to Mr. Gill that he observed some fly issues. Mr. Thompson confirms he went to the farm to determine if there was a fly problem. However, Mr. Thompson's sworn testimony is that he did not observe any fly problems." Finally, the question of his Honor's recusal is detailed under section IV, page 17 of the Brief For Appellants, as well as, page 4, of the Appellants Brief In Reply.

Bateman said Magic Wiggler was a natural organic enterprise that was solving the existing environmental problems, not causing them. The lawsuit includes supporting evidence from the Department of Environmental Quality, Department of Environmental Health and State Entomologist Dr. Gerome Goddard.

"Our lawsuit alleges that the Grays' actions put us out of business and so far the legal system has denied us a chance to respond. We feel this is unfair and unjust. All we are asking for is our legal right to a jury trial, so we can present our side of the story and supporting evidence," Bateman said.

For more information, please see other releases by Magic Wiggler Worm Ranch or read its version of the story on its website at http://www.magicwiggler.com/Suit.htm. While on the site, nose around a bit to discover how everyone can go green and the miraculous benefit's the magical little creatures we call earthworms provide for all plant, animal and human life they come in contact with.

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