City of Jackson v. Gold Coast Complaint 06-09-2021 1

Case: 25CI1:21-cv-00362-WLK Document #: 2 Filed: 06/09/2021 Page 1 of 21
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT

OF HINDS COUNTY, MISSISSIPPI
CITY OF JACKSON PLAINTIFF
v. CAUSE NO.: ci J.... } le ~

GOLD COAST COMMODITIES, INC.,
PARTRIDGE-SIBLEY INDUSTRIAL
SERVICES, INC., WALKER
ENVIRONMENTAL SERVICES, INC.
d/b/a REBEL HIGH VELOCITY SEWER
SERVICES, ANDREW WALKER,
THOMAS DOUGLAS, ROBERT DOUGLAS,
DONALD R. PARTRIDGE, JUSTIN
MAHFOUZ, and JOHN DOES 1 - 5 DEFENDANTS
PLAINTIFF'S ORIGINAL COMPLAINT

(Jury Trial Requested)
Plaintiff, the City of Jackson, Mississippi (the "City" or "Plaintiff"), files this Original
Complaint against Defendants, Gold Coast Commodities, Inc., Partridge-Sibley Industrial
Services, Inc., Walker Environmental Services, Inc. d/b/a Rebel High Velocity Sewer Services,
Andrew Walker, Thomas Douglas, Robert Douglas, Donald R. Partridge, Justin Mahfouz, and
John Does 1 - 5 (collectively, the "Defendants"), and hereby pleads as follows:
I. PARTIES
1. Plaintiff, the City of Jackson, is a municipal corporation and subdivision of the
State of Mississippi and is organized and existing under the laws of the State of Mississippi. The
City of Jackson is a mid-sized city with a population of approximately 165,000 residents. The
Jackson Wastewater Treatment System serves residents and citizens within Hinds County,
Mississippi and surrounding areas. The City is governed by the Mayor and City Council. The
Mayor is elected by the at-large vote of the residents and citizens of the City. There are seven
members of the City Council, each elected to represent the citizens and residents of one of the
City's seven Wards. This lawsuit is filed by authority of the Mayor of the City of Jackson and
with approval ofthe City Council as the elected representatives of the citizens and residents of the
City.
2. Gold Coast Commodities, Inc. ("Gold Coast") is a Mississippi corporation with its
principal place of business in Rankin County, Mississippi. It may be served with process through
its registered agent, Andy Taggart, 1022 Highland Colony Parkway, Suite 101, Ridgeland,
Mississippi 39157.
3. Partridge-Sibley Industrial Services, Inc. ("Partridge-Sibley") is a Mississippi
corporation with its principal place of business in Hinds County, Mississippi. It may be served
with process through its registered agent, Stubblefield & Yelverton PLLC, 1400 Meadowbrook
Road, Suite 102, Jackson, Mississippi 39211.
4. Walker Environmental Services, Inc. d/b/a Rebel High Velocity Sewer Services
("Rebel") is a Mississippi corporation with its principal place of business in Hinds County,
Mississippi. It may be served with process through its registered agent, Mark D. Herbert, Post
Office Box 427, Jackson, Mississippi 39205 or 190 East Capital Street, Suite 800, Jackson,
Mississippi 39201.
5. Andrew Walker is a resident of Mississippi and was the owner and an officer of
Rebel. He may be served with process at 333 Wilmington Street, Jackson, Mississippi 39204, or
wherever he may be found.
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6. Thomas Douglas is a resident of Mississippi and an officer of Gold Coast. He may
be served with process at 817 North College Street, Brandon, Mississippi 39042, or wherever he
may be found.
7. Robert Douglas is a resident of Mississippi and an officer of Gold Coast. He may
be served with process at 817 North College Street, Brandon, Mississippi 39042, or wherever he
may be found.
8. Donald R. Partridge is a resident of Mississippi and an officer of Partridge-Sibley.
He may be served with process at 4273 I-55, Jackson, Mississippi 39206, or wherever he may be
found.
9. Justin Mahfouz is a resident of Mississippi and an officer of Partridge-Sibley. He
may be served with process at 4273 I-55, Jackson, Mississippi 39206, or wherever he may be
found.
10. Defendants John Does 1 - 5 are persons or entities who may be liable for all or part
of the claims or damages set forth in this Complaint, but whose involvement or identity is unknown
at this time. These defendants include, without limitation, individuals or entities involved with the
waste transportation and disposal activities at issue in this lawsuit.
II. JURISDICTION AND VENUE
11. This Court has subject matter and personal jurisdiction over the Defendants under
the Mississippi Constitution and Mississippi Code§ 9-7-81. The Defendants reside in Mississippi
and/or committed the acts, omissions, and torts described in this Complaint in the State of
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Mississippi. Defendants also have systematic and continuous contacts with the State of
Mi ssi ssi ppi.
12. Under Mississippi Code § 11-11-3, venue is proper in the Circuit Court of Hinds
County, Mississippi because the events that caused the injuries at issue occurred in Hinds County,
Mississippi and a substantial alleged act or omission at issue occurred in Hinds County,
Mi ssi ssi ppi.
III. CONDITIONS PRECEDENT
13. All conditions precedent necessary to maintain this action have been performed or
have occurred.
IV. CASE OVERVIEW
14. This case involves the Defendants' illegal dumping of millions of gallons ofhighly-
corrosive, untreated waste into the City's sewer system, damaging the City's infrastructure and
threatening the public health and safety of the residents of Jackson. By discharging untreated
industrial waste into public sewers at unauthorized discharge points, the Defendants avoided sewer
usage fees and the expense of treating industrial waste and properly disposing of it at a permitted
facility. As a result, the Defendants benefited financially from their unauthorized disposal
activities while damaging the City's wastewater treatment and sewer system and depriving the
City of revenue needed to support its vitally important wastewater system.
15. The City seeks to recover all damages arising from the Defendants' illegal and
reckless disposal of industrial waste, including the costs of repairing and replacing damaged areas
of the City's sewer lines and wastewater treatment facilities. The City also seeks environmental
remediation and investigation costs; lost revenue from sewer usage fees and treatment fees for
industrial waste that the Defendants should have presented for proper treatment at the City's
permitted facilities; and disgorgement of Defendants' financial gains from their unauthorized
disposal activities and avoided treatment costs. At this stage of the City's investigation,
preliminary calculations place the City's damages at more than $15 million.
V. BACKGROUND
A. The Jackson Wastewater Treatment and Sewer System
16. The City owns and operates a wastewater treatment and sanitary sewer system,
which is permitted under the authority of the United States Environmental Protection Agency
("EPA") and the Mississippi Department ofEnvironmental Quality ("MDEQ"). The City's system
includes three wastewater treatment plants and a wastewater collection and sewer system serving
Jackson and the surrounding communities.
17. For years, the City's wastewater treatment and sewer system has been burdened by
increased input that has strained the system's capacity, causing treatment bypasses and sewage
overflows throughout the Jackson area. Due to the strain on the City's system and the resulting
bypasses and overflows, the City entered into a Consent Decree with the EPA in late 2012 to
address system deficiencies and establish a plan for monitoring and rehabilitating the system.
18. Unbeknownst to the City, however, the Defendants' unauthorized discharges had
contributed to the strain on the City's system for many years. The Defendants' illegal disposal
activities exacerbated the City's capacity constraints and caused damages to the infrastructure,
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starting more than a decade ago at Gold Coast's production facility and continuing for several
years after entry of the Consent Decree.
B. Gold Coast's Production of Co"osive Industrial Waste
19. Gold Coast manufactures and sells fats and oils. Through an acidulation process,
Gold Coast refines various agricultural products and makes them into fats and oils used for
industrial processing, animal feed, biofuels, and other applications. Gold Coast also refines used
cooking oil purchased from restaurants and food processing facilities. Gold Coast's refining
process involves using sulfuric acid to split soap stock into its oil and water component parts. The
fatty acid or oil phase can then be sold as a biofuel or animal feed ingredient, while the acid water
phase (i.e., wastewater) must be properly disposed of as an industrial waste.
20. Gold Coast's operations produce thousands of gallons of extremely acidic and
highly corrosive wastewater every week. The wastewater produced from Gold Coast's operations
also must be kept at extremely high temperatures because the waste becomes too viscous to flow
at normal temperatures.
C Gold Coast Illegally Discharges Industrial Waste at Its Production Facility
21. Gold Coast's production facility is connected to the City's wastewater treatment
system through sewer lines in the suburb of Brandon, Mississippi, where the Gold Coast facility
is located. The sanitary sewer lines in Brandon are connected to the City of Jackson's sewer system
and the wastewater runs downstream to Jackson's wastewater treatment plants. On information
and belief, Gold Coast has never been permitted to discharge industrial waste into the sanitary
sewer system.
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22. Gold Coast has been in operation since 1983. For years leading up to 2014, Gold
Coast consistently discharged its corrosive waste into the sewer system near its facility, with the
waste running into the Jackson sewer system through transmission lines that connect to Jackson's
wastewater treatment plants. Gold Coast's illegal dumping into the sewer system contributed to
the capacity strain and sewage overflows that has plagued the City's wastewater collection and
sewer system for many years.
23. After many years of dumping its waste into the public sewer system, Gold Coast
entered into an agreement with the City of Pelahatchie in 2014 to treat Gold Coast's wastewater at
Pelahatchie's sewage treatment facility on a weekly basis. However, through late 2016, Gold
Coast rarely shipped its wastewater for treatment at the Pelahatchie facility. Instead, Gold Coast
continued to illegally dump its industrial waste directly into the City's public sewer system.
24. In October 2016, the MDEQ began an investigation prompted by reports that Gold
Coast had been discharging its acidic wastewater into the public sewer system. MDEQ
investigators visited the Gold Coast facility and interviewed officers and employees, asking about
the company's wastewater disposal activities and about how acidic wastewater had gotten into the
City's sewer system near the Gold Coast facility.
25. Shortly after MDEQ's first visit to the Gold Coast facility in October 2016, Gold
Coast began shipping truckloads of wastewater to the Pelahatchie sewage treatment facility.
MDEQ investigators observed disposal of the Gold Coast wastewater at the Pelahatchie facility
and reported that the dark brown wastewater smelled like used oil and was steaming and foaming
when poured from the truck.
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26. Around the same time as the MDEQ' s investigation, the City of Brandon began an
investigation of Gold Coast's disposal activities. The investigation revealed evidence that Gold
Coast had been dumping significant amounts of its highly-corrosive, acidic wastewater into the
public sewer system. Sludge and viscous oil and grease were found in the sewer system
downstream from the Gold Coast facility, while lab analysis showed high levels of various
chemicals-including arsenic, barium, cadmium, chromium, lead, mercury, and sulfate-present
at the Gold Coast facility discharge point and in downstream sewer lines. Samples also revealed
that wastewater discharged at the Gold Coast facility was so acidic that it affected the overall pH
of wastewater in the downstream sewer system when compared to samples from upstream points.
In addition, the high temperature of Gold Coast's discharged wastewater-which was between
114- and 126-degrees Fahrenheit-increased the corrosive nature of the acidic waste dumped into
the City's system by Gold Coast.
27. In early November 2016, the City of Brandon informed Gold Coast of the city's
intention to install a monitor at the Gold Coast facility to observe its disposal activities. With the
threat of a government monitor and under the shadow of the MDEQ's ongoing investigation, Gold
Coast turned to Partridge-Sibley and Rebel to come up with an alternative method for disposing
of Gold Coast's industrial waste.
D. Partridge Sibley and Rebel Work with Gold Coast to Illegally Discharge
Industrial Waste at the Rebel Facility
28. Partridge-Sibley is an industrial contractor and waste disposal company that
operates throughout Mississippi and other areas of the United States. Among other operations, it
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provides hauling and disposal services for wastewater and industrial waste. Partridge-Sibley has
been in business for over thirty-five years.
29. In May 2016~ the City hired a Partridge-Sibley joint venture to haul sludge from
the City's Savanna Street wastewater treatment plant, where the sludge had built up due to the
accumulation of waste discharged through the sewer system. Partridge-Sibley completed the
project in or around late December 2017 and was paid several million dollars for the work.
Through its experience with the waste hauling project and other waste disposal matters over its
decades of operations, Partridge-Sibley had intimate knowledge of the City's wastewater treatment
and sewer system and understood the impact of increased waste input and sludge buildup on the
City's system.
30. Similar to Partridge-Sibley's operations, Rebel has been involved in the collection
and disposal of various waste materials for nearly thirty years, including transporting its
customers' waste to the City's sewage treatment plant and to landfills and other disposal sites.
Rebel has maintained an operating location in Jackson, but the facility is not a permitted waste
disposal location.
31. Knowing it was the target of government investigations, Gold Coast turned to
Partridge-Sibley and Rebel for assistance in discharging Gold Coast's industrial waste. In or
around November 2016, Gold Coast contacted Rebel and requested that it haul and dispose of Gold
Coast's waste at Rebel's facility. Gold Coast informed Rebel that this was necessary because Gold
Coast had been ordered by local authorities to stop discharging industrial waste into the City's
sewer system at Gold Coast's production facility.
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32. Starting in November 2016 and through the end of the year, Rebel hauled Gold
Coast's wastewater to the Rebel facility, where it was illegally discharged into the City's sewer
system without the City's permission and without proper treatment.
33. At some time prior to January 2017, Gold Coast also engaged Partridge-Sibley to
assist in the illegal waste disposal at Rebel's facility. Knowing that Partridge-Sibley understood
the City's wastewater treatment system, Gold Coast hired Partridge-Sibley to transport Gold
Coast's waste to the Rebel facility for disposal into the public sewer at an illegal discharge point.
34. When Partridge-Sibley was brought into the disposal scheme, Gold Coast provided
Partridge-Sibley with a laboratory analysis of samples of Gold Coast's waste. The samples showed
that the waste contained pollutants with concentrations exceeding the limits established by the City
for its wastewater treatment system.
35. To aid in disposing of Gold Coast's waste, Partridge-Sibley delivered a large
storage tank to the Rebel facility. Partridge-Sibley and Rebel then excavated the City's sewer line
servicing the Rebel facility and inserted a pipe into the sewer line that they connected to the storage
tank. This facilitated the discharge of Gold Coast's industrial waste directly into the City's sewer
system.
36. In 2017 alone, Partridge-Sibley transported at least three million gallons of Gold
Coast's wastewater to the Rebel facility for disposal into the City's sewer system through the
illegal connection to the onsite storage tank. During that time, Gold Coast paid both Partridge-
Sibley and Rebel for their transportation and disposal of Gold Coast's waste. Each time a truckload
of Gold Coast's waste arrived at the Rebel facility, it was offloaded by Partridge-Sibley into the
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onsite storage tank and then the waste was illegally discharged into the City's public sewer system.
With Partridge-Sibley transporting Gold Coast's industrial waste to the Rebel facility roughly four
days a week and with multiple truckloads shipped each day, the Defendants illegally discharged
industrial waste into the City's sewer system on hundreds of separate occasions in 2017. Along
with other discharges of waste prior to 2017, the Defendants caused thousands of separate
discharges of industrial waste into the City's sewer system over a period of several years.
37. At the time Partridge-Sibley was hauling and illegally discharging Gold Coast's
industrial waste, Partridge-Sibley also was engaged in the sludge removal project for the City at
the Savanna Street wastewater treatment plant. The City paid millions of dollars to Partridge-
Sibley to remove sludge that had built up at the wastewater treatment plant from the accumulation
of the exact same type of waste that Partridge-Sibley was illegally discharging into upstream sewer
lines. Partridge-Sibley thus was being paid to illegally discharge waste into the City's sewer
system, while also being paid millions of dollars to remove waste buildup downstream at the City's
wastewater treatment plant, thereby profiting on both ends of the Defendants' unauthorized waste
disposal activities.
38. The extent of the Defendants' illegal waste discharges is still being investigated. In
late October 2017, the MDEQ visited the Rebel facility for an unannounced inspection. During
the inspection, the MDEQ investigator discovered that the ALAR equipment at the Rebel facility
was not being used to process Gold Coast's waste and was instead being discharged into the City's
sewer system without any treatment of the waste. The investigator observed steam leaving the
sewer system tied to the Rebel facility, and the wastewater had a strong odor with a thick, greasy
11
material on the surface. Probe sampling of the wastewater revealed a temperature of 132 degrees
Fahrenheit and a pH of 6.51.
39. The :MDEQ investigator also took grab samples of the wastewater being discharged
at the Rebel facility. The investigator placed the samples in an ice chest and transported them to
the :MDEQ's laboratory. After being stored overnight, one of the samples exploded in the lab
because the sample had reached its boiling point during a digestion process used in testing for
metals. In short, the wastewater being discharged into the City's public sewer system was so
hazardous and explosive that a sample blew up in the :MDEQ' slab.
40. The :MDEQ determined that the Defendants' disposal of untreated wastewater into
the City's sewer system resulted in several violations, including violating laws intended to protect
against water contamination and environmental pollution. The :MDEQ and the City sent cease and
desist letters to Gold Coast, Partridge-Sibley, and Rebel providing notice of the violations and the
City's intention to pursue damages caused by the Defendants' activities.
E. The City of Jackson Pays the Price for the Defendants' Illegal Discharges of
Industrial Waste
41. The City is now faced with investigating and repairing the damage caused by the
Defendants' illegal dumping of industrial waste. Given the high-temperature and corrosive nature
of the waste discharged by the Defendants, the City will have to expend significant resources to
restore the integrity of its wastewater treatment and sewer system, including repairing or replacing
corroded segments of affected sewer lines. The City also will need to investigate and remediate
any environmental damage caused by untreated wastewater escaping the City's sewer system due
to the Defendants' illegal disposal activities.
12
42. As the City continues to investigate the extent of the damage, the City anticipates
that the Defendants' illegal discharges may have impacted the entire wastewater treatment system,
including downstream treatment plants that have suffered from capacity constraints and sewage
overflows. All told, the City estimates that its damages will exceed $15 million.
VI. CAUSES OF ACTION
Count One- Negligence
43. Plaintiff incorporates all prior paragraphs into this section, to the extent not
inconsistent, as if fully set forth herein.
44. Gold Coast, Partridge-Sibley, and Rebel each had a legal duty to avoid disposing
of prohibited waste into the City's sewer system. Gold Coast, Partridge-Sibley, and Rebel have
been in business for decades and have substantial experience with waste hauling and disposal and
the management of industrial waste. Gold Coast, Partridge-Sibley, and Rebel are highly
knowledgeable about the dangers of industrial waste and the requirement for proper disposal at
permitted facilities. Based on their operating history and experience-including transporting and
disposing of waste at the City's sewage treatment plants and other permitted facilities-Gold
Coast, Partridge-Sibley, and Rebel each knew or should have known that they were prohibited
from disposing of Gold Coast's wastewater into the City's sewer system. In fact, the Defendants
had notice, by 2016 at the latest, that their disposal activities were prohibited and dangerous and
were being investigated by the MDEQ. Given their knowledge of and experience with waste
hauling and disposal, it was foreseeable to Gold Coast, Partridge-Sibley, and Rebel that
discharging high-temperature and corrosive waste into the City's sewer system would cause the
13
injuries described in this Complaint, including damages to the City's wastewater treatment and
sewer system.
45. Gold Coast, Partridge-Sibley, and Rebel breached their respective duties to the City
by recklessly and wantonly disposing of prohibited waste into the City's sewer system for several
years and continuing to do so after receiving notice that their activities were dangerous and
prohibited by law.
46. Gold Coast, Partridge-Sibley, and Rebel's breaches of their duties and standards of
care proximately caused damages and injury to the City, including but not limited to investigation
and remediation costs, repair and replacement costs, loss of use, lost revenue, and other actual and
consequential damages. The City also seeks punitive damages as the Defendants' conduct rises to
the level of gross negligence.
Count Two- Gross Negligence
47. Pleading affirmatively and in the alternative, Plaintiff incorporates all pnor
paragraphs into this section, to the extent not inconsistent, as if fully set forth herein.
48. Gold Coast, Partridge-Sibley, and Rebel consistently, recklessly, and wantonly
disposed of prohibited waste into the City's sewer system, despite notice of their duty to avoid
doing so, thereby displaying a reckless indifference to the consequences of their actions without
exerting any substantial effort to avoid them. By discharging high-temperature and corrosive
wastewater into the City's sewers despite knowing it was unsafe and illegal to do so, Gold Coast,
1~
Partridge-Sibley, and Rebel disregarded the public health and safety and well-being of the
residents of Jackson.
49. The willful, wanton, and reckless behavior by Gold Coast, Partridge-Sibley, and
Rebel rises to the level of gross negligence and supports an award of punitive damages against the
Defendants under Mississippi law.
Count Three- Negligence Per Se
51. The Defendants' actions violated several City ordinances, including:
a. Section 122-81: Liability for obstruction of or damage to public sewer;
b. Section 122-168: Prohibited discharges to public sewers;
c. Section 122-169: Unauthorized dumping from vehicles;
d. Section 122-171: Prohibited discharges to public sewers without approval;

and
e. Section 122-204: Pretreatment requirements for industrial and commercial

process wastewater.
52. The Defendants' violations of City ordinances caused the type of damages the
ordinances are designed to prevent, and such violations constitute negligence as a matter of law.
Count Four- Liability Pursuant to Ordinance
53. Pleading affirmatively and in the alternative, Plaintiff incorporates all prior
15
54. Section 122-81 of the City of Jackson Ordinances provides that "[i]f a public sewer
becomes obstructed or damaged because of any substances improperly discharged to it, the person
responsible for such discharge shall be billed and shall pay for the expenses incurred by the city in
cleaning out, repairing or rebuilding the sewer." As described in this Complaint, the Defendants
improperly discharged substances that damaged the City's public sewer system.
55. City Ordinance § 122-82(b) also provides that "[a]ny person violating any
provisions of this article shall become liable to the city for any expense, loss, or damage occasioned
the city by reason of such violation." The article referred to in this ordinance is Chapter 122,
Article II- Sewage Disposal Standards, which encompasses Sections 122-76 through 122-184.
56. City Ordinance § 122-168 prohibits the discharge to any public sewers of any of
the following waters or wastes: ( 1) any "flammable or explosive liquid, solid, or gas"; (2) "[a]ny
waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity ... to
injure or interfere with any sewage treatment process, constitute a hazard to humans or animals,
create a public nuisance, or create any hazard in the receiving waters of the sewage treatment
plant"; (3) "[a]ny waters or wastes having a pH lower than 5.5, or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and personnel of the
sewerage works;" and (4) "[ s]olid or viscous substances in such quantities or of such size capable
of causing obstruction to the flow in sewers, or other interference with the proper operation of the
sewerage works." The Defendants discharged waste to the City's public sewer system that
qualifies as a prohibited waste under each of the above categories.
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57. City Ordinance§ 122-169 prohibits the "unauthorized use of dumping or discharge
of waste and/or materials into the sanitary sewer system of the city other than at the dump station
within the wastewater treatment plant of the city." The Defendants discharged waste into the
City's sanitary sewer system, without authorization, at points other than permitted areas of the
wastewater treatment plant.
58. City Ordinance§ 122-171 prohibits the discharge, subject to the discretion of the
City's approving authority, of the following substances: (1) "[a]ny liquid or vapor having a
temperature higher than 150 degrees Fahrenheit"; (2) "[a]ny water or waste containing fats, wax,
grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing
substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit
and 150 degrees Fahrenheit"; (3) "[a]ny waters or waste containing strong acid iron pickling
wastes, or concentrated plating solutions where neutralized or not"; and (4) "[a]ny waters or
wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances."
The Defendants discharged waste that qualifies as a prohibited substance under each of the above
categories.
59. City Ordinance § 122-204 prohibits the discharge of waste containing pollutants
exceeding 750mg/l for Biological Oxygen Demand; 750 mg/1 for Suspended Solids; 100 mg/1 for
Oil & Grease; 300 mg/1 for Total Suspended Solids; and 125 degrees Fahrenheit for temperature.
On information and belief, the Defendants discharged wastewater that exceeded the foregoing
limits.
17
60. As described in this Complaint, the Defendants have violated several provisions of
Chapter 122, Article II of the City of Jackson Ordinances, and therefore the Defendants are liable
for the resulting damages under Sections 122-81 and 122-82.
Count Five - Corporate Officer Liability
62. At all times relevant to this Complaint, Defendants Thomas Douglas and Robert
Douglas were officers of Gold Coast.
63. Both Thomas Douglas and Robert Douglas directed, directly participated in,
authorized, had knowledge of, and/or provided their consent to the commission of the tortious
conduct described in this Complaint.
64. Defendants Thomas Douglas and Robert Douglas therefore are liable to the City
for their direct participation, authorization, knowledge, and/or consent with respect to the tortious
acts of Gold Coast and the resulting damages to the City.
65. At all times relevant to this Complaint, Defendants Donald R. Partridge, and Justin
Mahfouz were officers of Partridge-Sibley.
66. Both Donald R. Partridge and Justin Mahfouz directed, directly participated in,
authorized, had knowledge of, and/or provided their consent to the commission of the tortious
conduct described in this Complaint.
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67. Defendants Donald R. Partridge and Justin Mahfouz therefore are liable to the City
for their direct participation, authorization, knowledge, and/or consent with respect to the tortious
acts of Partridge-Sibley and the resulting damages to the City.
68. At all times relevant to this Complaint, Defendant Andrew Walker was the owner
and an officer of Rebel.
69. Andrew Walker directed, directly participated in, authorized, had knowledge of,
and/or provided his consent to the commission of the tortious conduct described in this Complaint.
70. Defendant Andrew Walker therefore is liable to the City for his direct participation,
authorization, knowledge, and/or consent with respect to the tortious acts of Rebel and the resulting
damages to the City.
VII. DAMAGES
71. The City seeks to recover well over $15 million in actual and consequential
damages related to the Defendants' illegal discharge of industrial waste, including investigation
and remediation costs, repair and replacement costs, loss of use, lost revenue, and disgorgement
and restitution of the Defendants' wrongfully obtained gains. The monetary damages sought by
the City are likely to increase as the City continues to investigate the scope of its injuries caused
by the Defendants' conduct.
72. The City also seeks punitive and exemplary damages due to the Defendants' gross
negligence, reckless conduct, and disregard of the City's rights as set forth in this Complaint. The
City further seeks an award of its costs and attorneys' fees.
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VIII. JURY DEMAND
73. The City demands a trial by jury.
IX. PRAYER
74. The City prays that Defendants Gold Coast Commodities, Inc., Partridge-Sibley
Industrial Services, Inc., Walker Environmental Services, Inc. d/b/a Rebel High Velocity Sewer
Services, Andrew Walker, Thomas Douglas, Robert Douglas, Donald R. Partridge, and Justin
Mahfouz, be cited to appear and answer herein, and that the City be awarded the following relief:
(a) all actual and consequential damages resulting from the Defendants' actions,
omissions, and tortious conduct in an amount to be proved at trial, including but
not limited to investigation and remediation costs, repair and replacement costs,
lost profits, lost revenue, loss of use, and disgorgement and restitution of
Defendants' wrongfully obtained gains;
(b) pre-judgment and post-judgment interest;
(c) costs and attorney's fees;
(d) punitive damages; and
(e) such other and further relief, in equity or in law, to which the City may show itself
justly entitled.
This the~ of June, 2021.

CITY OF JACKSON, MISSISSIPPI
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OF COUNSEL:
John F. Hawkins, Esquire (MSB# 9556)

HAWKINS LAW, P.C.
226 North President Street (39201)
Post Office Box 24627
Jackson, Mississippi 39225-4627
Telephone: (601) 969-9692
Facsimile: (601) 914-3580
j ohn@hgattorneys. com
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Case:
COVER25CI1:21-cv-00362-WLK
SHEET Document #: 2-1
Court Identification Docket#
Filed: 06/09/2021
Case Year
Page 1 of 3
Docket Number
Civil Case Filing Form

(To be completed by Attorney/Party
l~l~lliJ
County II Judicial
IZ!Jf::l IJlJI~, I I I Ill~ I~
CourtiD
Prior to Filing of Pleading) District (CH,CI,CO) I I I I
b I~ IZ'I~~ I I
Local Docket ID
Mississippi Supreme Court Form AOC/01 Month Date Year

Administrative Office of Courts (Rev 2020 This area to be completed by clerk Case Number if filed prior to 1/1/94
In the CIRCUIT [i] Court of HINDS Ci] County - FIRST Ci] Judicial District
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Estate of
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Business Citv of Jackson. Mississippi

Enter legal name of business, corporation, partnership, agency- If Corporation, indicate the state where incorporated
__ Check ( x) if Business Pianitiff is filing suit in the name of an entity other than the above, and enter below:
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Address of Plaintiff 219 S. President Street. Jackson. MS 39201
Attorney (Name & Address) John Hawkins. PQ Box 24627. J,ackson, MS 39225-4627 MS Bar No. 9556
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Defendant- Name of Defendant -ty Additional Defendants on Separate Form
Individual
last Name First Name Maiden Name, if ap~licabie "MT.'" Jr/Sr/111/IV
__ Check ( x) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate of
__ Check ( x) if Individual Defendant is acting in capacity as Business Owner/Operator (d/b/a) or State Agency, and enter entity:
D/B/A or Agency
Business Gold Coast Commodities. Inc.
Enter legal name of business, corporation, partnership, agency- If Corporation, indicate the state where incorporated
__ Check ( x) if Business Defendant is acting in the name of an entity other than the above, and enter below:
D/B/A
Attorney (Name & Address) - If Known MS BarNo.
_ Check ( x) If child support is contemplated as an issue in this suit. • 0 Alcohol/Drug Commitment IV"'""ta"'i I Real Property
*If checked, please submit completed Child Support Information Sheet with this Cover Sheet 0 Other 0 Adverse Possession
Nature of Suit (Place an "X" in one box only)
I Children/Minors- Non-Domestic
I 0 Ejectment
Domestic Relations I I Business7Commercial
I 0 Adoption - Contested 0 Eminent Domain
0 Child Custody/Visitation 0 Accounting (Business)
0 Adoption - Uncontested 0 Eviction
0 Child Support 0 Business Dissolution D Consent to Abortion 0 Judicial Foreclosure
D Contempt D Debt Collection D Minor Removal of Minority 0 Lien Assertion
0 Divorce: Fault D Employment D Other 0 Partition
D Divorce: Irreconcilable Diff. 0 Foreign Judgment
I Civil Rights
I 0 Tax Sale: Confirm/Cancel
0 Domestic Abuse 0 Garnishment 0 Elections 0 Title Boundary or Easement
0 Emancipation 0 Replevin D Expungement D Other
0 Modification 0 Other D Habeas Corpus I Torts
0 Paternity
I Probate
I 0 Post Conviction Relief/Prisoner
0 Bad Faith
0 Property Division 0 Accounting (Probate) D Other D Fraud
0
0
Separate Maintenance 0 Birth Certificate Correction I Contract
I 0 Intentional Tort
Term. of Parental Rights-Chancery 0 Mental Health Commitment 0 Breach of Contract
0 loss of Consortium
0 UIFSA (eff 7/1/97; formerly URESA) 0 Conservatorship
0 Installment Contract
0 Malpractice - legal
D Other D Guardianship
D Insurance
D Malpractice - Medical
Appeals I D Joint Conservatorship & Guardianship
0 Specific Performance
0 Mass Tort
0 Administrative Agency 0 Heirship
0 Other
D Intestate Estate ~ Negligence -General
0 County Court
Hardship Petition (Driver License) D Minor's Settlement I Statutes? Rules
Bond Validation
I 0 Negligence - Motor Vehicle
0 0 Muniment of Title 0 D Premises Liability
0 Justice Court
0 Name Change 0 Civil Forfeiture
0 Product Liability
0 MS Dept Employment Security
0 Testate Estate D Declaratory Judgment
D Subrogation
0 Municipal Court
0 Will Contest 0 Injunction or Restraining Order
0 Wrongful Death
0 Other
D Alcohol/Drug Commitment!'"""'""'""' 0 Other
0 Other
Case: 25CI1:21-cv-00362-WLK Document #: 2-1 Filed: 06/09/2021 Page 2 of 3
IN THE CIRCUIT EJ COURT OF ..:.,;:H~IN~D:.:..S~----EI"" COUNTY, MISSISSIPPI
.:..F.:.:IR.:;:;S::....:T'-----......E;J_.
... JUDICIAL DISTRICT, CITY O F - - - - - - -
Docket No. _ _ __ Docket No. If Filed

FileYr Chronological No. Clerk's LocaiiD Prior to 1/1/94_ _ _ _ _ _ _ _ _ _ _ __
DEFENDANTS IN REFERENCED CAUSE - Page 1 of 2...... Defendants Pages

IN ADDITION TO DEFENDANT SHOWN ON CIVIL CASE FILING FORM COVER SHEET
Defendant #2:
Individual: ----r-::-:::"''t'T::::::::-----
Last Name
-----,=;:;:::-:::::----
F1rst Name Malden Name, 1f Applicable Middle lmt. Jr/Sr/IIDiv
_Check (.f) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
_ Check (.f) if Individual Defendant is acting in capacity as Business Owner/Operator (D/B/A) or State Agency, and enter that name below:
D/B/A
Business Partridge-Sibley Industrial Services, Inc.
Enter legal name of business, corporation, partnership, agency- If Corporation, indicate state where incorporated
_Check (.f) if Business Defendant is being sued in the name of an entity other than the name above, and enter below:
D/B~------------------------------------------------------------------------
ATTORNEY FOR THIS DEFENDANT: _____ Bar# or Name:--------------- Pro Hac Vice (.f)_ Not an Attorney(.f)_
Defendant #3:
Individual: ---""7":==----
Last Name
----;:;:~=~---
First Name Maiden Name, if Applicable Middle lnit. Jr/Sr/IIVIV
_Check (.f) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
D/B/A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Business Walker Environmental Services Inc.
~Check (.f) if Business Defendant is being sued in the name of an entity other than the name above, and enter below:
D/B/A Rebel High Velocity Sewer Services
ATTORNEY FOR THIS DEFENDANT: _ _ _ Bar# or Name: - - - - - - - - - - - - - - - P r o Hac Vice (.f)_ Not an Attorney(.f)_
Defendant #4:
Individual: ..:.W.:.:a~l~ke~r-..,....,..,.,....,.,..,.,.,..,---- ,;.A.!ol,n~d~re::..:w.__.,...,.,.-=="'----

Last Name First Name Maiden Name, if Applicable Middle lmt. JrlsriiiVIV
_Check (.t) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
D/B/A
Business------~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~------------------
_Check (.f) if Business Defendant is being sued in the name of an entity other than the above, and enter below:
D/B~-------------------------------------------------------------------------
ATTORNEY FOR THIS DEFENDANT: ____ Bar# or Name: - - - - - - - - - - - p r o Hac Vice (.f)_ Not an Attorney(.f)_
Case: 25CI1:21-cv-00362-WLK Document #: 2-1 Filed: 06/09/2021 Page 3 of 3
IN THE CIRCUIT G COURT OF ""'"'H=IN'-'-D==-S_ _ _ __..G_ COUNTY, MISSISSIPPI
..!..F~IR~S:::....T~_ _ _ _G..,JUDICIAL DISTRICT, CITY OF
Docket No. _ _ __ Docket No. If Filed

FileYr Chronological No. Clerk's LocaiiD Prior to 1/1/94_ _ _ _ _ _ _ _ _ _ _ __
•
Defendant#
DEFENDANTS IN REFERENCED CAUSE - Page 2.._ of L Defendants Pages
IN ADDITION TO DEFENDANT SHOWN ON CIVIL CASE FILING FORM COVER SHEET
Individual: ~D::.:.o~uu;,g.:.,:;la:.:s....,.....,..,..,....----- ...!T~h~o~m~a~s...,...,...,,.------

Last Name First Name Maiden Name, if Applicable Middle lnit. Jr/Sr/IIVIV
_Check (.I) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate o f - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
_Check (.I) if Individual Defendant is acting in capacity as Business Owner/Operator (D/B/A) or State Agency, and enter that name below:
D/B/A
Business -------~~~~~~~~~~~~~~~~~~or.~~~~~~~~~~~~~,-----------------
Enter legal name of business, corporabon, partnership, agency- II Corporabon, 1nd1cate state where Incorporated
_Check (.I) if Business Defendant is being sued in the name of an entity other than the name above, and enter below:
D/B/A ------------------------------------------------------------------------
Bar# or Name: _ _ _ _ _ _ _ _ _ _ _ Pro Hac Vice (.I)_ Not an Attorney(.!)_
ATTORNEY FOR THIS DEFENDANT: - - - -
Defendant#
Individual: ~P.:!artn~·::::.dgc.:e::....,......,.,,.,..------ .!;D~o::.!;n.,.a...,ld~=~----- .--:M-:-a~id~e~n':":N..,am..,e-,"':'if~A..,pp-,li..,ca"':'b-:-le-- } RMiddle lnit.
Last Name First Name Jr/Sr/111/IV
_Check (.I) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
D/B/A
Business -----~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~------------------
Enter legal name of busmess, corporabon, partnership, agency- II Corporabon, 1nd1cale stale where Incorporated
D/B/A
ATTORNEY FOR THIS DEFENDANT: - - - Bar# or Name: - - - - - - - - - - - P r o Hac Vice (.I)_ Not an Attorney(.!)_
Defendant#_:
Individual: "'"M~a:::.h.:..:.~,:;:.ou::::z~..,"f'T':',.,..---- .::.l.::.us:.:.:t~in.:........,.,.,...,..,.,,.,....---- '---.rr.:!::r==-==-=-!TT.===--

Last Name F1rst Name Ma1den Name, 1f Applicable Jrlsr/IIIIIV
_Check (.1) if Individual Defendant is acting in capacity as Executor(trix) or Administrator(trix) of an Estate, and enter style:
Estate o f - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
D/B/A
Business -----~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~------------------
Enter legal name of bus1ness, corporauon, partnership, agency- If Corporauon, Indicate state where Incorporated
D/B/A ------------------------------------------------------------------------
Bar# or N a m e : - - - - - - - - - - - - Pro Hac Vice (I')_ Not an Attorney(/)_
ATTORNEY FOR THIS DEFENDANT: - - - -

City of Jackson v. Gold Coast Complaint 06-09-2021 1

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City of Jackson v. Gold Coast Complaint 06-09-2021 1

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Case: 25CI1:21-cv-00362-WLK Document #: 2 Filed: 06/09/2021 Page 1 of 21

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT

CITY OF JACKSON PLAINTIFF

v. CAUSE NO.: ci J.... } le ~

PLAINTIFF'S ORIGINAL COMPLAINT

Complaint against Defendants, Gold Coast Commodities, Inc., Partridge-Sibley Industrial

John Does 1 - 5 (collectively, the "Defendants"), and hereby pleads as follows:

1. Plaintiff, the City of Jackson, is a municipal corporation and subdivision of the

3. Partridge-Sibley Industrial Services, Inc. ("Partridge-Sibley") is a Mississippi

Road, Suite 102, Jackson, Mississippi 39211.

wherever he may be found.

6. Thomas Douglas is a resident of Mississippi and an officer of Gold Coast. He may

7. Robert Douglas is a resident of Mississippi and an officer of Gold Coast. He may

8. Donald R. Partridge is a resident of Mississippi and an officer of Partridge-Sibley.

9. Justin Mahfouz is a resident of Mississippi and an officer of Partridge-Sibley. He

waste transportation and disposal activities at issue in this lawsuit.

II. JURISDICTION AND VENUE

Mi ssi ssi ppi.

Mi ssi ssi ppi.

III. CONDITIONS PRECEDENT

IV. CASE OVERVIEW

City of revenue needed to support its vitally important wastewater system.

Jackson and the surrounding communities.

years after entry of the Consent Decree.

B. Gold Coast's Production of Co"osive Industrial Waste

phase (i.e., wastewater) must be properly disposed of as an industrial waste.

C Gold Coast Illegally Discharges Industrial Waste at Its Production Facility

sewer system for many years.

City's sewer system near the Gold Coast facility.

when poured from the truck.

chemicals-including arsenic, barium, cadmium, chromium, lead, mercury, and sulfate-present

the City's system by Gold Coast.

of Gold Coast's industrial waste.

28. Partridge-Sibley is an industrial contractor and waste disposal company that

been in business for over thirty-five years.

sewer system at Gold Coast's production facility.

system without the City's permission and without proper treatment.

for its wastewater treatment system.

35. To aid in disposing of Gold Coast's waste, Partridge-Sibley delivered a large

Fahrenheit and a pH of 6.51.

hazardous and explosive that a sample blew up in the :MDEQ' slab.

City's intention to pursue damages caused by the Defendants' activities.

to the Defendants' illegal disposal activities.

VI. CAUSES OF ACTION

Count One- Negligence

inconsistent, as if fully set forth herein.

the level of gross negligence.

Count Two- Gross Negligence

Defendants under Mississippi law.

Count Three- Negligence Per Se

51. The Defendants' actions violated several City ordinances, including:

a. Section 122-81: Liability for obstruction of or damage to public sewer;

b. Section 122-168: Prohibited discharges to public sewers;

c. Section 122-169: Unauthorized dumping from vehicles;

d. Section 122-171: Prohibited discharges to public sewers without approval;

e. Section 122-204: Pretreatment requirements for industrial and commercial

Count Four- Liability Pursuant to Ordinance

qualifies as a prohibited waste under each of the above categories.

wastewater treatment plant.

for the resulting damages under Sections 122-81 and 122-82.

Count Five - Corporate Officer Liability

Douglas were officers of Gold Coast.

conduct described in this Complaint.

acts of Gold Coast and the resulting damages to the City.