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Latest lawsuit claims Williamsburg pet treat manufacture owes $155,000 to supplier for chicken breasts

A Georgia-based food supply company is suing a Williamsburg pet treat manufacturer, and its owner, for allegedly failing to pay for $155,000 worth of chicken breasts and other items it had ordered — and it is the latest in a flurry of litigation against the company.

Foodpros Marketing Inc. filed the complaint May 1 in U.S. District Court in London against American Pet Food Manufacturing Company (APFM) and its founder, Kimberly Monday. According to the court filings, APFM received orders of tens of thousands of chicken breasts starting in Aug. 2013 into Sept. 2013. Foodpros claims the amount billed via invoices to APFM was due within 14 days of the goods being delivered and accepted.

APFM and Monday paid a total of $21,800, the lawsuit claims, in increments ranging from as little as $500 to as much as $5,000 between Oct. 2013 and March of this year.

“The Defendant has become delinquent on its account and has failed to become current on its account payments despite several demands for it to do so,” the lawsuit claims.

As of April 28, Foodpros claims APFM owes it $155,000 and claims that “at the time the Defendant took possession of the goods, Defendant had no intention of paying FoodPros for the goods …”

It also accuses Monday of making “material false representation” to FoodPros in order for the company to provide it with goods.
Monday did not respond to attempts seeking comment on the case.

Williamsburg attorney Paul Croley, who has defended APFM in other litigation, said Tuesday he was not aware of the most recent lawsuit and had to consult with his client prior to making any public statements about the case.

APFM has been a target for litigation since opening at the old Lion Apparel facility in Williamsburg last year.

In January, APFM was ordered to pay roughly $82,000 to settle a lawsuit brought against it by a local staffing service, The Job Shop, as part of a partial summary judgment. The Job Shop is owned by Impact Employment Solutions of Kentucky, LLC. The company provided temporary employees to APFM from February through July 2013.

The case was brought against APFM in Whitley Circuit Court. The Job Shop accused APFM of breach of contract for failing to pay money owed for supplying the employees.

The Job Shop also claimed in its lawsuit that APFMC was forbidden from hiring any of the workers it provided until at least “60 days after completion of assignment.”

According to court documents, seven employees provided by The Job Shop registered with Nesco Resource, another staffing service, on July 28, 2013, three days after their last assignment through the company.

Nesco Resource filed its own lawsuit against APFMC on Feb. 26 claiming the APFM owes it $146,016.65 for temporary employment services it provided.

APFMC is operating out of buildings that form the old Lion Apparel manufacturing facility in Williamsburg. The site was donated to the City of Williamsburg in 2012, and the city in turn did some work to upgrade them, then sold them to APFMC for $1.

Last March, the Kentucky Economic Development Finance Authority Board approved a whole range of incentives for businesses across the state, including $900,000 for American Pet Food Manufacturing Company. Monday said last May she planned a $1.2 million investment in the facility and has promised 60 manufacturing jobs. She promised at the time that employees would be moved from temporary employment status to full-time status on the company’s own payroll in the near future.

The company is perhaps best known for its signature product, Dog Gone Jerky, which is a “human grade” jerky treat made with 100 percent USDA certified meats. It is marketed as a healthy alternative to other pet snacks. Dog Gone Jerky is currently being made in Williamsburg. The company has expanded its product line and is also in the process of producing “private label” pet snacks for other companies.

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