Magic Wiggler is forced to file liable suit against a father & son team who intentionally made false complaints that Magic Wiggler was "causing excessive flies," because they fed their worm stock dairy cow manure, one of the most superior food sources for red worms. From the end of June to the first of September 2003 (Magic Wiggler's first 3 months in business), the duo went directly to the supplier & lodged 2 false complaints, 2 months apart, causing an immediate hault to the worm farm getting any manure from the dairy each time, until the complainants called the dairy head & said it was okay. The second complaint in late August caused a permanent ban on Magic Wiggler getting manure & cost the worm farm 90% of its entire stock, because it was the only adequate food source available for the amount of worms they had. Replacing 15,000 pounds of manure weekly, can not be done at the drop of a hat.

Raymond, MS (PRWEB) September 3, 2004 – After exhausting all other options, Magic Wiggler has been forced to file civil liability action (Circuit Court of the 2nd Judicial District of Hinds County Mississippi, Case #: 2004-42) against Terry Gray, Sr. & Terry Gray, Jr. for making false accusations, costing the farm billions of eisenia foetida red worms or 90% of its entire stock. After two malicious attacks, the worm farm was permanently banned from access to the dairy manure it fed its worms for nearly a year without incident. Magic Wiggler was safely and naturally recycling some 15,000 pounds of dairy manure per week out of the 100,000 pounds per day Cal-Maine’s cows produce in Edwards, MS. Magic Wiggler owner, Larry Pelletier, told Dairy Head, Bill Gill, “Just give me five years and I’ll recycle every ounce of crap you produce.” Private, state and federal research consistently shows the environmental hazards of spraying large amounts of raw manure into open fields. Since it is legal in Mississippi to do so, this is exactly what Cal-Maine did with excess dairy and/or chicken manure the Edwards farms couldn’t dispose of by other means, mostly giving it away to anyone who asked for it. In 2000, this disposal method caused an altercation between Cal-Maine and several multi-area residents, including Terry Gray, Sr. The family duo called Gill and threatened to take action against the dairy if they didn’t stop giving manure to Magic Wiggler. Their allegation: “The worm farm was causing them “excessive flies,” feeding cow manure to its stock. They demanded Cal-Maine stop giving manure to the farm immediately or else! (Complete story at: http://www.magicwiggler.com/Suit.htm)

In March-April 2003, both parties were among the recipients of 11 certified letters Magic Wiggler sent out to inform adjacent property owners of their intent to run a commercial worm farm on their 10 acre property, as per Mississippi’s Zoning Laws. After two court appearances: 1) April 2003 - Hinds County Board of Supervisors in Raymond, MS; 2) May 2003 - Hinds County Board of Supervisors, Jackson, MS and no objections from anyone, including the father & son team, Magic Wiggler Worm Ranch was granted its Conditions of Use Permit in early June 2003. Once approved, Magic Wiggler opened its commercial worm farm for business on and offline.

Late one Saturday evening, approximately 2 weeks after its launch, Larry and Business Manager, Marie Bateman, went to see Terry Jr. about using the loader parked at his father’s private golf course. Jr. replied, “The loader belongs to my dad, so I have to ask him. I will talk to him at Sunday dinner and let you know.” The following Monday afternoon, Terry, Sr. visited Magic Wiggler. Larry was out on business, so Marie greeted him outside. “What are you feeding them, chicken manure?” he asked. “Oh no,” Marie explained “chicken manure is much too strong to feed to them fresh...we feed them dairy manure, because all the research says it is the best possible food source for growing large amounts of breeding stock and it also produces the highest quality worm casting, some of the richest top soil money can buy.” Then he asked, “I saw Larry on Channel 3 with a wire basket that turns and I think I can use something like that to put fertilizer in to break it up. Can I look at it?” He was referring to an electric worm harvester Larry built from scratch. Marie gladly gave him the “Grand Tour” and explained how everything was done as they walked through the 4,000 sq. ft. breeder house. After about 30 minutes of explanation, he laughed and walked back to his truck. Before he got in, he turned to Marie and said, “If they ever create a Worm Association around here, I’m going to nominate you President!” She thanked him for the confidence and he left, without ever mentioning the loader.

The following morning, when Larry and Marie went to the dairy for a load of manure and were told by an employee, “I can’t let you have any manure, because your neighbor called Mr. Gill saying you were creating too many flies and threatened the company.” He added, “If they call DEQ (Department of Environmental Quality), we will be fined $20,000.” Larry and Marie went straight to Mr. Gill’s office and he informed them that both Terry Jr. & Sr. had called and complained that the manure was causing them excessive flies. Marie offered to call DEQ and get them to put it in writing that Magic Wiggler would be solely liable for any manure it used, so he wouldn’t have to worry about the Grays threatening him. Mr. Gill demanded she not call DEQ or “…they would all be fined….” Trying to co-operate, Larry asked how Magic Wiggler could get the manure back. Mr. Gill said, “You need to go talk to the Grays and work things out with them. When they call and say it is okay, you can get manure.” Back at the farm, Marie called DEQ anyway and explained the situation. He laughed at the ridiculous nature of the complaint and stated, “…Magic Wiggler is responsible for the manure, not the manure source. You have nothing to worry about until we make our site inspection.” It was a few weeks before Larry got the chance to speak with Jr. and he told Jr. just to call him if he thought Magic Wiggler was causing problems. If there was one, he would take care of it immediately. Larry informed Jr. that DEQ said the worm farm was responsible for the manure not the source and asked him not to call Cal-Maine again. Larry pleaded, “You can’t just call my supplier and have me cut-off like that. I have too many worms and they will all die if they don’t get fed.” Terry, Jr. replied, “I don’t give a f** about your worms. I’m tired of my wife b**ing about the flies.” Larry explained that he and his father had to call Mr. Gill before the manure was restored and was persistent about him doing so, since Jr. claimed there was no longer a problem. Jr. reluctantly agreed and the manure was restored the same day.

About August 8, 2003, DEQ’s Mining & Solid Waste Division made their site inspection. Magic Wiggler was found to be in complete compliance and supplied the worm farm a written release of liability to give its food suppliers as needed. Less than two weeks later, Cal-Maine cut Magic Wiggler off again. Gill told them Terry, Jr. called again claiming excessive flies. Marie’s frustration was instantly apparent and Gill quickly added that another neighbor, Don Nail, had also called in a complaint, which made even less sense. Nail works at Cal-Maine’s chicken farm, also in Edwards, and Larry had not seen or spoken to him since 2002. Larry learned Nail had been growing worms and had also used manure from the dairy. Gill again stated Magic Wiggler would not be able to get manure until the Grays called him and said it was okay. Marie immediately called the Health Department upon returning home. Three days later, Alvin Woods from Environmental Health, visited Magic Wiggler. After making his inspection, his supervisor called his cell phone for a report. Mr. Woods told him, “…I see more flies at the grocery store…looks like just a problem neighbor…” After finishing his call, Mr. Woods explained he had to make two unannounced visits before he could write an official report. One week later, he brought Dr. Goddard, a state Entomologist (fly doctor). In Dr. Goddard’s report, he states that less than five adult flies were seen and no fly larvae (eggs) was found in any of the 7 or 8 worms pits he randomly dug in.

This report & DEQ’s release was taken to Gill, along with a short and rather snappy rough draft of a letter Marie was planning to send to the complainants. At Gill’s office, he said, “We figured it out and the flies are already in the manure when you get it. Gill instructed, “Unload the manure into a pile, wrap it tightly in a tarp and let it sit there for a week to kill the flies & eggs, before you feed it to your worms.” He then told Larry, “Go talk to the Grays, explain what the problem is and what we are going to do about it. When they call, you can get manure.” Marie called Dr. Goddard and asked his opinion. “You don’t have a problem. Don’t pay any attention to what he said, because you really will have a problem if you do.” Goddard told her. Since the verbal warning did no good the first time, Marie sent lengthy certified letters, explaining all Magic Wiggler had done to find and resolve any excessive fly source and neither DEQ, Environmental Health nor the state entomologist could find a problem. A copy of both DEQ’s release and Dr. Goddard’s report was enclosed and they were given 14 days to “release the manure” or legal action would be taken. Gill said the Grays were hot headed, so they were also warned that liable suit would still be filed if Magic Wiggler’s manure was not restored after they called, in an effort to deter the Grays from trying to anger or intimidate Mr. Gill. It didn’t work. On the 15th day, Marie & Larry went to see Gill. He was livid. “I told Larry to go talk to the Grays, not send a letter threatening to sue them…” Marie asked if the Grays or Don Nail had called him to release the manure and Gill spouted, “I ain’t talked to nobody!” The manure was never released.

About September 5, 2003, Marie sent a letter to Cal-Maine’s corporate office in Jackson, MS, addressed to CEO Fred Adams. He never responded. In March 2004, still trying to find an alternative to legal action, Marie sent a certified letter to Mississippi Governor, Haley Barbour, explaining the benefits of worms in general, especially as a tool for naturally recycling manure. She detailed the problem Magic Wiggler had with neighbors making false accusations, which resulted in a 90% loss of its worms and asked if he could help Magic Wiggler get the manure back. Two days later, Sr. was at Magic Wiggler’s door demanding to know why he was being sued. A few weeks later, bankruptcy attorney, Charles Robb, shows up at Magic Wiggler and informs Larry and Marie that Brent Gray, a man they had never heard of, but turns out to be Terry Senior’s nephew, still owned half their 10 acre farm, even though they’d had the property for nine years. Knowing the relentless attacks to destroy Magic Wiggler may never stop and fearing they may lose their home as well, Marie & Larry had no choice but to contact legal counsel.

For additional information, contact: Marie Bateman, Business Manager or see complete story at: http://www.magicwiggler.com/Suit.htm

Magic Wiggler sells red wiggler worms, also commonly known as California tiger worms. Our website is full of information on there many uses for red worms. From home composting to waste recycling to worms for bait to soil rebuilding, worms can do it all. We have a massive sale going on now. Our worms are $5.00 per pound. We have 1,000 pounds ready to ship today! If you don’t find an answer on our website, just contact us and we will help all we can. Worms recycle the planet. We won’t have a planet capable of sustaining life, if chemical saturation continues. Brazil has learned that worm flour & dietary supplements are much healthier for animals & humans than the fish flour used today. It is a proven fact that chemical use is killing animal, human, soil & environment. A worm never gets sick nor does it spread any disease. What would you choose?