A Louisiana catering company is suing the Mississippi-based Biloxi Shuckers baseball team in federal court for allegedly breaching a contract during the 2024 season for the sale of food items at the team’s home games.
Archie’s Hotdog Island & Catering LLC of Ponchatoula, La., filed the lawsuit against the team, a Double-A affiliate of the Milwaukee Brewers, on Nov. 4. The lawsuit accuses Shuckers Baseball LLC of breaching a contract between the two parties signed in December of last year to allow Archie’s to sell candied nuts and lemonade during the 2024 season games, as well as some collegiate games, at Keesler Federal Park in Biloxi.
The catering company was set to begin providing its products to sports fans at a University of Southern Mississippi game scheduled for Feb. 27.
“However, on Feb. 5, 2024, (a) Shuckers representative, Christopher Pharis, abruptly informed (Archie’s owner Everyl-Ann) Archibald that Shuckers was unilaterally canceling the agreement,” the lawsuit states. “Archie’s would not be permitted to sell any products at Shuckers games.”
The reason Pharis gave for the cancellation was that another vendor, Coca-Cola Co., sought to bar Archie’s from selling its lemonade at Shuckers games, the complaint says. Archie’s agreement with the baseball team apparently conflicted with the terms of Coca-Cola’s commitment to provide beverages during the home games, according to the lawsuit.
The claims in the lawsuit, which exceed $75,000, indicate that Archie’s incurred a number of expenses to prepare to sell its products during the season.
“These included the construction of a new mobile cart for use at Shuckers games, a redesigned logo for use in Shuckers marketing materials, new graphics to wrap the cart, expenses incurred to hire an additional employee and the purchase of surplus inventory,” the complaint states.
In addition, to prepare to carry out the terms of the agreement, Archie’s had to turn down potential business deals with the Mall of Louisiana in Baton Rouge and the Gulfport Sportsplex, which is owned by the city of Gulfport, Miss.
The Biloxi Shuckers organization did not respond to requests for comment about the litigation. Attorney J. Brian Juban of Keegan, Juban, Lowe & Robichaux LLC in Baton Rouge, who represents Archie’s, said the full extent of the company’s financial setback as a result of the contract cancellation has yet to be fully tallied.
“Archie's damages at this point are still subject to litigation and are not fully determined,” Juban told the Louisiana Record. “But it did intend to do a significant amount of business with the Shuckers over the baseball season and was not able to do so as a result of the contract being canceled.”
The lawsuit also states that Shuckers has not identified anything Archie’s did that may have resulted in the baseball team’s decision to end the contract.
“Details for the reasons for the cancellation of the contract are still undetermined at this time,” Juban said. “It would be premature to speak with specificity about Coca-Cola's involvement.”
Archie’s is asking the court to conclude that the company sustained financial losses as a result of the cancellation, including a loss of revenue from products that went unsold at Shuckers games and loss of productivity and time spent preparing for the season. The plaintiff is asking for a jury trial as well as a finding that a breach of contract and detrimental reliance occurred as a result of the cancellation.