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Toad Lick lawsuit filed in Houston County

Toad Lick lawsuit filed in Houston County

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Published by John S Keppy
Lawsuit by advertising agency filed against TOADLICK
Lawsuit by advertising agency filed against TOADLICK

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Published by: John S Keppy on Apr 09, 2014
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03/12/2015

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IN THE CIRCUIT COURT OF HOUSTON COUNTY, ALABAMA

WALKER360, INC.

Plaintiff,

v.

TOADLICK ENTERTAINMENT, LLC,
ROBERT “CHRIS” GILBERT, Individually;
and, RONNIE MCGLOTHLIN, Individually,

Defendant.

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CASE NO. CV-2014-____________________

COMPLAINT
Comes now Plaintiff, Walker360, Inc., by and through their attorneys, William B.
Matthews, J r. and William B. Sellers, and asserts the following Complaint against Defendant,
Toadlick Entertainment, LLC, hereinafter referred to as (“Toadlick”):
1. Plaintiff is an Alabama corporation with its principle place of business in Montgomery
County, Alabama.
2. Defendant Toadlick Entertainment, LLC (“Toadlick”) is an Alabama corporation
located at 2000 Ross Clark Circle, Dothan, Alabama 36301 in Houston County, Alabama. At all
times pertinent to the allegations of this Complaint, Toadlick acted by and through its duly
authorized and appointed officials and agents.
3. Defendant Robert “Chris” Gilbert is the Registered Agent of Toadlick Entertainment,
LLC, Registered Office Mailing Address is 117 Eastridge Drive, Dothan, Alabama 36301 in
Houston County, Alabama.
234683.1
ELECTRONICALLY FILED
4/7/2014 2:23 PM
38-CV-2014-900233.00
CIRCUIT COURT OF
HOUSTON COUNTY, ALABAMA
CARLA H. WOODALL, CLERK
4. Ronnie McGlothlin is a principal of Toadlick Entertainment, LLC located at 2000
Ross Clark Circle, Dothan, Alabama 36301 in Houston County, Alabama.
5. This Court has jurisdiction over this matter and venue is proper.
STATEMENT OF FACTS
1. On or about November 20, 2012, Defendant Toadlick by and through principal Ronnie
McGlothlin entered into in to an Agreement, Walker30 Agency of Record Authorization Letter
with the effective date of November 21, 2012, hereinafter referred to as (“Contract”). A copy of
the Contract is attached hereto as Exhibit “A” and is incorporated by reference as if fully set
forth herein. Payment has not been received. The Agreement specifically states, “I/we will
remain responsible for payment of account balances, collection costs, attorney fees and court
costs incurred in the event of non-payment by said agency, regardless of whether judicial action
is taken or otherwise” and Defendants agreed by execution of the Agreement.
2. A Personal Credit Guarantee was executed by Robert “Chris” Gilbert, individually
guaranteeing payment of Toadlick Entertainment, LLC for all credit extended and monies owed
to Walker360. A copy of said Personal Credit Guarantee is attached hereto as Exhibit “B” and
is incorporated herein by reference as if fully set forth herein.
3. Defendants owe the Plaintiff $33,603.36 in advertising expenses, unpaid invoices,
plus interest of $14,232.88, and attorney’s fees. A copy of said Estimation is attached hereto as
Exhibit “C” and is incorporated herein by reference as if fully set forth herein.

2
COUNT I
BREACH OF CONTRACT
4. Plaintiff Walker360, Inc. adopts and reasserts all of the foregoing paragraphs of this
Complaint and, in addition thereto, alleges that Defendants breached the contract attached hereto
as Exhibit “A” by, among other things, failing to pay Plaintiff the amounts set forth in the
invoices.
WHEREFORE, the premises considered, Plaintiff demands judgment against the
Defendants in the sum of $33,603.36 in advertising expenses, unpaid invoices, plus interest of
$14,232.88, and attorney’s fees, costs, and such other relief to which it is entitled.
COUNT II
UNJUST ENRICHMENT
5. Plaintiff Walker360, Inc. adopts and reasserts all of the foregoing paragraphs of this
Complaint and, in addition thereto, alleges that Plaintiff performed advertising services for the
Defendants at their request. The Defendants have failed to make payment for such advertising
expenses, and collections costs, and therefore had been unjustly enriched.
6. The terms of the Agreement allow for an award of account balances, collection costs,
attorney fees and court costs incurred in the event of non-payment and collection. The Plaintiff
asserts that a fee up to $7,175.44 is a reasonable and customary fee for collection of this account.
3
WHEREFORE, the premises considered, Plaintiff demands judgment against the
Defendants in the sum of $33,603.36 in advertising expenses, unpaid invoices, plus interest of
$14,232.88, and attorney’s fees, costs, and such other relief to which it is entitled.
Dated this 7
th
day of April, 2014.

/s/ William B. Sellers
Attorney for Plaintiff, Walker360, Inc.


OF COUNSEL:
William B. Sellers, Esquire (SEL024)
BALCH & BINGHAM LLP
Post Office Box 78
Montgomery, Alabama 36101-0078
Phone: (334) 269-3147
Fax: (334) 866-736-3860
Email: wsellers@balch.com


WILLIAM B. MATTHEWS, JR. (MAT016)
Post Office Box 1145
Ozark, Alabama 36361-1145
Phone: (334) 774-8804
Fax: (334) 445-0830
Email: wbmatthews@troycable.net














4
DEFENDANTS WILL BE SERVED VIA CERTIFIED MAIL AT THE
FOLLOWING ADDRESSES:


Toadlick Entertainment, LLC
Registered Agent: Robert C. Gilbert
117 Eastridge Drive
Dothan, Alabama 36301

Robert “Chris” Gilbert
117 Eastridge Drive
Dothan, Alabama 36301

Ronnie McGlothlin
Empire Roofing
5301 Sun Valley Drive
Fort Worth, Texas 76119

5
/
/'
/
Walker360 agency of record authorization letter
Date: // ffe fa 1-
J I
,.
Effective Date: /<fat }z_.-
1
Business Name: he.. c / l , '< Li.._(!_
Address; 2000 Ross Clark C.ircle
City: _b_rJ_i....;..4 4-_N ____ state: A/   ~ 4 ~   1     Zip: _3_6_Jo_1 _____ _
Phone: 334-324-1777
Email: cmendez@toadlick.com
Walker360
2501 East 5th Street
Montgomery. Alabama 36107
334-832-4975
Fx: 334-265-2408
Web: www.Walker360.com
(P) 334.832.4975 ! (F) 334.265.2408
The above listed agency should be recognized as our appointed advertising agency
regarding the purchase of advertising placed on our behalf. I/we will remain responsible
for payment of account balances, collection costs, attorney fees and court costs incurred
in the event of non-payment by said agency, regardless of whether judicial action is
taken or othervvise.
PLAINTIFF'S
EXHIBIT
A
Aug 17 12 02:28p Donna Chumney
334 677-3951 p.2
Standard payn1ent terms are net 30 days. 3% service charge added to credit card payments.
Ac-co1..mt .'lumber
Acc:our:t Number
Has the firm or any of" it·s principa)s C'ler been Bc.nkrupt' YesD No 0
If Yes, explain \-
-=\----
Any misrepresentation in chis applicacion will be considered evide1'ce of   since chis informacioo is chc basis for chc extendii1g of
credit. As an inducement co grant credit, rhc undcrsigttcd warranrs char che information submicced is cruc and correct. You are :mrhori.zed ro
invescigate rhe .:rcdic references and principals lisced.
In considcrarion for che extension of credit, said busi:tcss promises to pay for all pL1rchases within the cenns agreec and agrees to pay a ser-
vice charge per month of 1-1/2% per rnonch (1B% annual percenragc rate) on all pasc due balances. [n the evenc any thircl parties are employed
ro collecc any outstanding monies owed b)' sai<i business rhe agrees co p;iy rensonable co.lleccion costs, including actorney fees,
whether or no: licigarion on has commenced, and all costs oflitigation incurred. The undersigned represents d12c he/she has rhe aurhoriry ro
cxccurc this credit on behalf of che business idc:irilied.
CHRIS MENDEZ DIRECTOR OF SPONSORSHIP SALES
Print "Name Tidt! Signarnn:
Personal C1·edit Guarantee (In Lieu of Bank References)
In consideration of\Valker360 extending credit to the business identified below for any materials and/or secvices after this
dare at the request ofr.he applicants or its agencs, the undersigned individual hereby personally guar.mtees uncondicionally and
irrevocably i:he prom pc payment of che sums now or hereafter owed to Walker360 by the business identified below whether said
sums a:rc due under open account, concracc or ocherwise.
le is undersrood thac credit, if exrended, is co be on a continuing basis and may exceed estimated ma.>dmum credit limit
required as. stated in the credit agreement between Walkcr360 and che business. Walker360 shall nol be obligated co nocify
the undersigned of the daces or amoants of any such credit and the undersigned waives demand, notice of default and any
extension of rime or any other forbearance which may be ex<ended by \l:.'alkcr360.
This guarantee shall contirme in force umil notice in wridng, sent by registered or certified mail, recurn receipt rcqllested
is re.ceived by Walker360. Said notice shall specify the date on which the guaranty is co be terminated, said date not to be l.ess
rhan seven days after such notice is !'eceived. Such cerminacion shall in no war release the. undersigned as to any sum or debr
tncurred prior co such cennination.
Name of Person guaranteeing payment (NO TITLE) _C_H_R_ IS_G_l_L_B_E_R_T __________________ ___ _
Social Security Number
Home Address / { :1
Name of Business Whose Account is Guaranteed TOADLICK ENTERTAINMENT LLC

CREDIT DEPARTivfENT USE ONLY
Date
Line of Credic: Approved D Denied 0
Commems:
Amowlt $ __________ _
!P) 334.832.4975 j 1 .800. 672.6839 I {F) 334.265.2408 I wa)kcr360.com
2.501 Ease Sch S:r eet I Montgomery, Alabama 36107
Rt::V . .5-16-2.C-ll
PLAINTIFF'S
EXHIBIT
.l
Toad lick
Summary of Invoices, Payments and Interest Calculated
Through 4/4/2014
I. rnvoice       I 'lnterest ····1
12250011 12250 10/15/2012 11/14/2012 - 6,104.00 6,104.00 10/31/12
12251011 12251 10/15/2012 11/14/2012 - 1,526.00 1,526.00 10/31/12
13601011 13601 10/31/2012 11/30/2012 830.54 830.54 01/22/13
14118011 14118 01/31/2013 03/02/2013 - 3,600.00 3,600.00 02/11/13
14330011 14330 01/31/2013 03/02/2013 - 3,280.90 3,280.90 02/11/13
14332011 14332 01/31/2013 03/02/2013 - 2,000.00 2,000.00 02/11/13
14329011 14329 02/08/2013 03/10/2013 - 6,668.55 6,668.55 03/25/13
14117011 14117 02/27/2013 03/29/2013 2,427.00 2,427.00 03/25/13
15049011 15049 02/27/2013 03/29/2013 47,541.00 3,904.45 03/25/13
15049011 15049 02/27/2013 03/29/2013 - 43,636.55 04/22/13
15637011 15637 02/28/2013 03/30/2013 - 44.90 44.90 04/22/13
15738011 15738 02/28/2013 03/30/2013 - 2,500.00 2,500.00 04/22/13
15050011 15050 03/15/2013 04/14/2013 2,381.65 2,381.65 04/22/13
15258011 15258 03/15/2013 04/14/2013 722.74 722.74 04/22/13
16226011 16226 03/31/2013 04/15/2013 2,000.00 714.16 04/22/13
16226011 16226 03/31/2013 04/15/2013 - 1,285.84 05/20/13
15892011 15892 03/28/2013 04/27/2013 - 5,450.00 5,450.00 05/20/13
15706011 15706 03/29/2013 04/28/2013 3,815.00 3,815.00 05/20/13
15792011 15792 03/29/2013 04/28/2013 1,500.00 1,500.00 05/20/13
15961011 15961 03/29/2013 04/28/2013 - 1,500.00 1,500.00 05/20/13
15798011 15798 03/31 /2013 04/30/2013 - 56,383.10 6,449.16 05/20/13
15798011 15798 03/31/2013 04/30/2013 - 10,000.00 06/05/13
15798011 15798 03/31/2013 04/30/2013 - 10,000.00 07/03/13
15798011 15798 03/31/2013 04/30/2013 - 10,000.00 07/30/13
15798011 15798 03/31/2013 04/30/2013 - 10,000.00 08/30/13
15798011 15798 03/31/2013 04/30/2013 - 9,933.94 10/18/13
15893011 15893 03/31 /2013 04/30/2013 - 320.46 66.06 10/18/13
15893011 15893 03/31/2013 04/30/2013 - 254.40 11/05/13
15894011 15894 03/31/2013 04/30/2013 - 306.29 306.29 11/05/13
16280011 16280 04/19/2013 05/04/2013 10,979.69 30,419.00 9,439.31 11/05/13
16280011 16280 04/19/2013 05/04/2013 10,000.00 01/15/13
15960011 15960 04/05/2013 05/05/2013 135.00 135.00
16280012 16280 04/30/2013 05/15/2013 1,800.00 1,800.00
16281011 16281 04/30/2013 05/15/2013 14,733.00 14,733.00
16844011 16844 05/08/2013 05/23/2013 2,982.22 2,982.22
16844012 16844 05/20/2013 06/04/2013 882.00 882.00
16844013 16844 06/10/2013 06/25/2013 761.00 761 .00
16281012 16281 06/03/2013 06/18/2013 1,330.45 1,330.45
33,603.36 203,944.80 170,341.44
Interest through April 4, 2014
Interest calculation is Amount past due (J) x 15% x # Days(!) divided by 365 days
53.00
15.00
24.00
23.00
23.00
8.00
8.00
7.00
35.00
23.00
22.00
22.00
22.00
30.00
56.00
84.00
91 .00
122.00
171.00
171.00
189.00
189.00
185.00
256.00
334.00
324.00
324.00
316.00
304.00
283.00
290.00
830.54
6,668.55
43,636.55
44.90
2,500.00
2,381.65
722.74
2,000.00
1,285.84
5,450.00
3,815.00
1,500.00
1,500.00
56,383.10
49,933.94
39,933.94
29,933.94
19,933.94
9,933.94
320.46
254.40
306.29
30,419.00
20,979.69
1,800.00
14,733.00
2,982.22
882.00
761.00
1,330.45
18.09
41.11
430.39
0.42
23.63
7.83
2.38
5.75
18.49
51.51
34.49
13.56
13.56
695.13
1,149.16
1,378.54
1, 119.45
999.43
698.10
22.52
19.76
23.79
2,312.68
2,207.18
239.67
1,961.71
387.28
110.19
88.51
158.56
14,232.88
PLAINTIFFS
EXHIBIT

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