Preview
DISTRICT COURT FOR THE STATE OF TEXAS
IN AND FOR THE COUNTY OF HARRIS p | |
DONNIE GARTH.
Plaintiff. CAUSE NO.
Vv. 1. BREACH OF CONTACT
VSM, and 2. FRAUD
RPM LOGISTICS.
Defendants.
COMPLAINT FOR DAMAGE
Plaintiff Donnie Garth, owner of Arielle Transportation and Texas resident
Alleges and states the following:
INTRODUCTION
1. This is an action to recover damages for breach of contract, negligence, and
Negligent infliction of emotional stress in connection with the mismanagement and
Fraudulent acts of Defendants VSM, Kevin Ruffin, RPM and Michael Donaldson.
Defendants Have failed to honor it’s contract duties, misled the Plaintiff and in doing so
Violated state Law.
PARTIES
2. Defendant Kevin Ruffin is an associate of VSM and party to this suit; once
Served with process will be subject to the jurisdiction of this Court.
3. Defendant RPM is a branch of VSM and party to this suit; once served with
Process will be subject to the jurisdiction of this Court. a
4. Defendant Michael Donaldson was a dispatcher for VSM when the events
“That gave rise to this cause of action took place and party to this suit; once served with
Process will be subject to the jurisdiction of this Court.
FILED
Marilyn Burgess
District Clerk
RECORDER'S MEMORANDUM
This instrument is of poor quality OCT 1 4 2022
at the time of Imaging. Timo: “lo Q
ans
By, ‘
Deputy1.
FACTS
5. On or about December 15, 2020, the Plaintiff agreed to a 1Sday contract to
To haul loads for the United Postal Service contracted through VMS. The contract stated that
The Plaintiff would render his trucking services to VMS in exchange for payment for hauling
Loads from Shreveport, La. To Irvine, Tx. The load paid $900.00 for the Irvine, Tx haul and
And $500.00 for the return to Shreveport, La.
6. Plaintiff proceeded to sign an Emergency use Authorization Contract with
The United States Postal Service to be an employee for 15days and that the Plaintiff would be
Paid through a third party which is VMS, Kevin Ruffin, as shown in exhibit “a.” The
Plaintiff began fulfilling his contract duties when he was notified that the lane no longer paid
$900.00 and $500.00 but had been reduced to $800.00 and $400.00.
7. The Plaintiff was asked to continue on the lane because one of the trucks for
VSM was unavailable to haul the loads. The Plaintiff agreed to continue hauling the loads but
Asked if he could haul for 850 and 450. A representative with VMS agreed and told the
Plaintiff he would send over another rate confirmation.
8. Defendants Kevin Ruffin stated to Plaintiff via text that he tried to send over
The new rate con but the email attempt had failed twice. Defendant Kevin Ruffin then stated
Via text that he sent the rate con to his dispatcher Michael Donaldson, so Mr. Donaldson
Could forward it to the Plaintiff. The Contract with the Postal Service stated in the beginning
That the Plaintiff would receive payment through VMS a third party but Kevin Ruffin stated
Michael Donaldson would pay me.
9. The Plaintiff began requesting payment for the loads he had hauled and
Noticed that Defendants started not responding to his request. He then tried other methods
Emails, phone calls and text messages. He then filed a wage claim with Texas Workforce
Commission to try an arrange a payment agreement which failed on the grounds that plaintiff
Was not a permanent employee with U.S. Postal Service. Supported by exhibit”D” the wage
Claim of Texas Workforce Commission.10. The Defendant, a representative of VMS, stated that he could not talk
Because he had COVID, and would need a translator to assist him. The Plaintiff stated via
Text that he needed payment for the loads so he could purchase fuel. The Plaintiff was told
By the Defendants that they pay through ACH and they would pay him within 48 hours.
11. The Plaintiff would like to bring to the Court’s attention that when his wife
Had COVID, the Defendants ignored his repeated request for prompt payment to care for
Himself and his wife. The Plaintiff was not asking for a loan or a handout, just payment
For honest weeks work that was performed in the amount of 5,600.00 in which the
Defendants we’re trying to pay $2400.00. The Plaintiff never agreed or accepted this
Amount that Defendants were trying to force the Plaintiff to accept, as shown in exhibit b
The check sent by RPM FREIGHT SYSTEMS.
12. The Defendants RPM sent a check to the Plaintiff that was only half of what
He agreed to haul the loads for. The Plaintiff refused the check sent by RPM and
Requested that Defendants send over a check for the correct amount.
13. The Defendant RPM stated to the Plaintiff that their records showed that he
Was only owed $2400.00 The contract and haul slips of the Plaintiff would show that the
Amount was about $5600.00.
PRAYER FOR RELIEF
Plaintiff respectfully request this Court:
A. Enter a judgement in favor of Plaintiff against Defendants for $50,000.00
B. Award compensatory damages and punitive damages
Respectfully submitted
onnie G:
JOU Doren dbewd La.
Kady TK Tau
4 awh do wes Yo Qo
Dine Q5b BIT NYSETEXAS WORKFORCE COMMISSION
REGULATORY INTEGRITY DIVISION Wage Claim No,: 19-052585-6
101 EAST 15TH STREET ROOM 586 Rmtna Now; : 19-P19239-493 i
AUSTIN, TEXAS 78778-0001 Pymt Seq No. : 000479466 :
DATE: September 9, 2019
DONNIE L GARTH
20b19 BARON BEND LN
KATY TX ??449-0286
CLAIMANT NOTIFICATION OF PARTIAL PAYMENT
RE: Employer: MICHAEL A. DONALDSON
The above captioned employer has remitted a check to the Texas Workforce Commission in
response to your wage claim. Therefore, please find enclosed a state warrant in the
amount of $. 47.84 which {s a partial payment of your claim.
This does not pay the full amount to which it was determined you are entitled. Therefore, we
will continue to attempt collection of the balance due you, as allowed under the provisions
of Title II, Chapter 61, Texas Labor Code.
Enclosure
The amount on the enclosed state warrant may vary from the amount on this notice. This
difference is due to tha addition of accumulated interest earned on the amount indicated.
The interest {s calculated from the date the moneys were received by the Commission to the
date the Commission requested the printing of the state warrant.
TELEPHONE 512-463-9699
LL-168 (1208) rome AO 10R (ROE AVochsner:
AFTER VISIT SUMMARY vee etae
Dorothy H. Morgan Dob 7/23/1949 (3) 1/23/2021 Q Ochsner Medical Ctr-tberville 225-754-6880
Instructions
Your personalized instructions can be found at the end of thls document.
&
A
°
Qo
Your medications have changed
® START taking:
albuterol (VENTOLIN HFA)
guaifenesin 100 mg/S ml (ROBITUSSIN)
Review your updated medication list below,
Read the attached information
COVID-19 DISCHARGE INSTRUCTIONS
Pick up these medications from any pharmacy with your printed prescription
albuterol + guaifenesin 100 mg/5 ml
Schedule an appointment with Care South - Plaquemine as soon as possible for a visit in 3 days
(around 1/27/2021)
Why: If symptoms worsen, As needed
Contact:59340 RIVER WEST DRIVE
Plaquemine LA 70764
225-385-4742
Today's Visit
Reason for Visit
Shortness of Breath
Diagnoses
+ COVID-19 virus detected
+ Suspected COVID-19 virus infection
Dorothy H. Morgan (MRN: 1525990) « Printed at 1/24/21 1:29 AM Page lof12 Epic“ex Kevin, this is Donnie, the guy whose
life yours
want to pay y
showed towards us*Kunderstand that
you never gotpaid and | want show my
appreciation. Text me back Plea
Cerezo aesen )
| Hello Donnie please email your W 9 to
| vsm.dispatch19@yahoo.com also | pay
through ACH so also attach your bank
routing and account info or voided check |
| pay within 48 hours after | receive signed
' BOL's
ARO S20 Fit |
think you might have texted the wrong
erson | am with VSM Mike said you was
oing to haul a load to Irvine TX for me.
(Hhehaawaonige)
Yes he told me 900, I've made pickups .
Qu| have a speech problem but | a sure | can
and will take care of you Yes | will need
copies of the delivery slips to get you paid
lam a branch of VS M logistics
pe te,
( AB eabsslehth)
Sorry about the virus, we don't need to
talk verbally to do business so let's keep it
going while have your attention, you seem
to very hard to contact. What's my next
move towards getting paid?
a
‘ | will send you the rate cons on what you
have done them you invoice me and | pay
, within 48 hours
4
What has been the problem with just
sending them so we can move on? Do you
contract these loads through 10 Roads
or Eagle or this is through Vaughn, your
Company?Hey Kevin, this is Donnie, the guy whose
life you saved one Very Cold Day and |
want to pay you for your kindness that you
showed towards us. | understand that
you never got paid and | want show my
appreciation. Text me back Plea
Careao assrU
4 Hello Donnie please email your W 9 to
' ysm.dispatch19@yahoo.com also | pay
| through ACH so also attach your bank
routing and account info or voided check |
, pay within 48 hours after | receive signed
| BOLs
( i@fg720 O80 AU
| think you might have texted the wrong
person | am with VSM Mike said you was
going to haul a load to Irvine TX for me.
erent etl
Sian)
Yes he told me 900, I've made pickups. _BOL's
( {PAHO LW +)
_ | think you might have texted the wrong
person | am with VSM Mike said you was
going to haul a load to Irvine TX for me.
( eAgeORaOAW )
Yes he told me 900, I've made pickups
Good Morning, call me when you get a
chance
( wrepoaaeAn )
1am in a meeting this morning so | can't
call you back at The moment and yes they
was paying 900, but the rate went down
to 800 and 400 for return sorry about that .
peethe only other lane I have available is
Houston to Little Rock and back it cheap
it's only pays $1450. Round trip until
January 20 th then they will pay $3.25 a
mile that is why Michael is hauling them
so cheap now
OK I'll continue with this lane until he gets
his truck fixed for 850 and 450, I'll let him
make that....
Cangyao Test Ft.
Sorry Michael I do apologise | read
Donnie's text I will get him taken care asap
; thanks
Oh Donnie that was for Mike but | will get
you taken care shorty
OK do you have a pickup for tonight
( saniisieatios)Detvery @ Yarkee Candie WWI?
03.700 NOToytn mts VA TINT
ceca
Wor tases seer
VAPABS Eapse Glass
Disrenter Carter Bauer Cty (Bose C0 LA} +Yarkee Cora V2 ea VA
38rd 25,7100
rr Van
Hammpton Logetic
ism $21 709
Freight at 3265000
Tota 5268000
& Em
cmos
Rela Q Destta cn Crge Besves Cy
ras ARPABS nee Glare
Preview
DISTRICT COURT FOR THE STATE OF TEXAS IN AND FOR THE COUNTY OF HARRIS p | | DONNIE GARTH. Plaintiff. CAUSE NO. Vv. 1. BREACH OF CONTACT VSM, and 2. FRAUD RPM LOGISTICS. Defendants. COMPLAINT FOR DAMAGE Plaintiff Donnie Garth, owner of Arielle Transportation and Texas resident Alleges and states the following: INTRODUCTION 1. This is an action to recover damages for breach of contract, negligence, and Negligent infliction of emotional stress in connection with the mismanagement and Fraudulent acts of Defendants VSM, Kevin Ruffin, RPM and Michael Donaldson. Defendants Have failed to honor it’s contract duties, misled the Plaintiff and in doing so Violated state Law. PARTIES 2. Defendant Kevin Ruffin is an associate of VSM and party to this suit; once Served with process will be subject to the jurisdiction of this Court. 3. Defendant RPM is a branch of VSM and party to this suit; once served with Process will be subject to the jurisdiction of this Court. a 4. Defendant Michael Donaldson was a dispatcher for VSM when the events “That gave rise to this cause of action took place and party to this suit; once served with Process will be subject to the jurisdiction of this Court. FILED Marilyn Burgess District Clerk RECORDER'S MEMORANDUM This instrument is of poor quality OCT 1 4 2022 at the time of Imaging. Timo: “lo Q ans By, ‘ Deputy1. FACTS 5. On or about December 15, 2020, the Plaintiff agreed to a 1Sday contract to To haul loads for the United Postal Service contracted through VMS. The contract stated that The Plaintiff would render his trucking services to VMS in exchange for payment for hauling Loads from Shreveport, La. To Irvine, Tx. The load paid $900.00 for the Irvine, Tx haul and And $500.00 for the return to Shreveport, La. 6. Plaintiff proceeded to sign an Emergency use Authorization Contract with The United States Postal Service to be an employee for 15days and that the Plaintiff would be Paid through a third party which is VMS, Kevin Ruffin, as shown in exhibit “a.” The Plaintiff began fulfilling his contract duties when he was notified that the lane no longer paid $900.00 and $500.00 but had been reduced to $800.00 and $400.00. 7. The Plaintiff was asked to continue on the lane because one of the trucks for VSM was unavailable to haul the loads. The Plaintiff agreed to continue hauling the loads but Asked if he could haul for 850 and 450. A representative with VMS agreed and told the Plaintiff he would send over another rate confirmation. 8. Defendants Kevin Ruffin stated to Plaintiff via text that he tried to send over The new rate con but the email attempt had failed twice. Defendant Kevin Ruffin then stated Via text that he sent the rate con to his dispatcher Michael Donaldson, so Mr. Donaldson Could forward it to the Plaintiff. The Contract with the Postal Service stated in the beginning That the Plaintiff would receive payment through VMS a third party but Kevin Ruffin stated Michael Donaldson would pay me. 9. The Plaintiff began requesting payment for the loads he had hauled and Noticed that Defendants started not responding to his request. He then tried other methods Emails, phone calls and text messages. He then filed a wage claim with Texas Workforce Commission to try an arrange a payment agreement which failed on the grounds that plaintiff Was not a permanent employee with U.S. Postal Service. Supported by exhibit”D” the wage Claim of Texas Workforce Commission.10. The Defendant, a representative of VMS, stated that he could not talk Because he had COVID, and would need a translator to assist him. The Plaintiff stated via Text that he needed payment for the loads so he could purchase fuel. The Plaintiff was told By the Defendants that they pay through ACH and they would pay him within 48 hours. 11. The Plaintiff would like to bring to the Court’s attention that when his wife Had COVID, the Defendants ignored his repeated request for prompt payment to care for Himself and his wife. The Plaintiff was not asking for a loan or a handout, just payment For honest weeks work that was performed in the amount of 5,600.00 in which the Defendants we’re trying to pay $2400.00. The Plaintiff never agreed or accepted this Amount that Defendants were trying to force the Plaintiff to accept, as shown in exhibit b The check sent by RPM FREIGHT SYSTEMS. 12. The Defendants RPM sent a check to the Plaintiff that was only half of what He agreed to haul the loads for. The Plaintiff refused the check sent by RPM and Requested that Defendants send over a check for the correct amount. 13. The Defendant RPM stated to the Plaintiff that their records showed that he Was only owed $2400.00 The contract and haul slips of the Plaintiff would show that the Amount was about $5600.00. PRAYER FOR RELIEF Plaintiff respectfully request this Court: A. Enter a judgement in favor of Plaintiff against Defendants for $50,000.00 B. Award compensatory damages and punitive damages Respectfully submitted onnie G: JOU Doren dbewd La. Kady TK Tau 4 awh do wes Yo Qo Dine Q5b BIT NYSETEXAS WORKFORCE COMMISSION REGULATORY INTEGRITY DIVISION Wage Claim No,: 19-052585-6 101 EAST 15TH STREET ROOM 586 Rmtna Now; : 19-P19239-493 i AUSTIN, TEXAS 78778-0001 Pymt Seq No. : 000479466 : DATE: September 9, 2019 DONNIE L GARTH 20b19 BARON BEND LN KATY TX ??449-0286 CLAIMANT NOTIFICATION OF PARTIAL PAYMENT RE: Employer: MICHAEL A. DONALDSON The above captioned employer has remitted a check to the Texas Workforce Commission in response to your wage claim. Therefore, please find enclosed a state warrant in the amount of $. 47.84 which {s a partial payment of your claim. This does not pay the full amount to which it was determined you are entitled. Therefore, we will continue to attempt collection of the balance due you, as allowed under the provisions of Title II, Chapter 61, Texas Labor Code. Enclosure The amount on the enclosed state warrant may vary from the amount on this notice. This difference is due to tha addition of accumulated interest earned on the amount indicated. The interest {s calculated from the date the moneys were received by the Commission to the date the Commission requested the printing of the state warrant. TELEPHONE 512-463-9699 LL-168 (1208) rome AO 10R (ROE AVochsner: AFTER VISIT SUMMARY vee etae Dorothy H. Morgan Dob 7/23/1949 (3) 1/23/2021 Q Ochsner Medical Ctr-tberville 225-754-6880 Instructions Your personalized instructions can be found at the end of thls document. & A ° Qo Your medications have changed ® START taking: albuterol (VENTOLIN HFA) guaifenesin 100 mg/S ml (ROBITUSSIN) Review your updated medication list below, Read the attached information COVID-19 DISCHARGE INSTRUCTIONS Pick up these medications from any pharmacy with your printed prescription albuterol + guaifenesin 100 mg/5 ml Schedule an appointment with Care South - Plaquemine as soon as possible for a visit in 3 days (around 1/27/2021) Why: If symptoms worsen, As needed Contact:59340 RIVER WEST DRIVE Plaquemine LA 70764 225-385-4742 Today's Visit Reason for Visit Shortness of Breath Diagnoses + COVID-19 virus detected + Suspected COVID-19 virus infection Dorothy H. Morgan (MRN: 1525990) « Printed at 1/24/21 1:29 AM Page lof12 Epic“ex Kevin, this is Donnie, the guy whose life yours want to pay y showed towards us*Kunderstand that you never gotpaid and | want show my appreciation. Text me back Plea Cerezo aesen ) | Hello Donnie please email your W 9 to | vsm.dispatch19@yahoo.com also | pay through ACH so also attach your bank routing and account info or voided check | | pay within 48 hours after | receive signed ' BOL's ARO S20 Fit | think you might have texted the wrong erson | am with VSM Mike said you was oing to haul a load to Irvine TX for me. (Hhehaawaonige) Yes he told me 900, I've made pickups . Qu| have a speech problem but | a sure | can and will take care of you Yes | will need copies of the delivery slips to get you paid lam a branch of VS M logistics pe te, ( AB eabsslehth) Sorry about the virus, we don't need to talk verbally to do business so let's keep it going while have your attention, you seem to very hard to contact. What's my next move towards getting paid? a ‘ | will send you the rate cons on what you have done them you invoice me and | pay , within 48 hours 4 What has been the problem with just sending them so we can move on? Do you contract these loads through 10 Roads or Eagle or this is through Vaughn, your Company?Hey Kevin, this is Donnie, the guy whose life you saved one Very Cold Day and | want to pay you for your kindness that you showed towards us. | understand that you never got paid and | want show my appreciation. Text me back Plea Careao assrU 4 Hello Donnie please email your W 9 to ' ysm.dispatch19@yahoo.com also | pay | through ACH so also attach your bank routing and account info or voided check | , pay within 48 hours after | receive signed | BOLs ( i@fg720 O80 AU | think you might have texted the wrong person | am with VSM Mike said you was going to haul a load to Irvine TX for me. erent etl Sian) Yes he told me 900, I've made pickups. _BOL's ( {PAHO LW +) _ | think you might have texted the wrong person | am with VSM Mike said you was going to haul a load to Irvine TX for me. ( eAgeORaOAW ) Yes he told me 900, I've made pickups Good Morning, call me when you get a chance ( wrepoaaeAn ) 1am in a meeting this morning so | can't call you back at The moment and yes they was paying 900, but the rate went down to 800 and 400 for return sorry about that . peethe only other lane I have available is Houston to Little Rock and back it cheap it's only pays $1450. Round trip until January 20 th then they will pay $3.25 a mile that is why Michael is hauling them so cheap now OK I'll continue with this lane until he gets his truck fixed for 850 and 450, I'll let him make that.... Cangyao Test Ft. Sorry Michael I do apologise | read Donnie's text I will get him taken care asap ; thanks Oh Donnie that was for Mike but | will get you taken care shorty OK do you have a pickup for tonight ( saniisieatios)Detvery @ Yarkee Candie WWI? 03.700 NOToytn mts VA TINT ceca Wor tases seer VAPABS Eapse Glass Disrenter Carter Bauer Cty (Bose C0 LA} +Yarkee Cora V2 ea VA 38rd 25,7100 rr Van Hammpton Logetic ism $21 709 Freight at 3265000 Tota 5268000 & Em cmos Rela Q Destta cn Crge Besves Cy ras ARPABS nee Glare