Hoosiervac, LLC and HoosierX, LLC v. Stephen Scott, et al.

CourtDistrict Court, N.D. Indiana
DecidedDecember 29, 2025
Docket2:24-cv-00424
StatusUnknown

This text of Hoosiervac, LLC and HoosierX, LLC v. Stephen Scott, et al. (Hoosiervac, LLC and HoosierX, LLC v. Stephen Scott, et al.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoosiervac, LLC and HoosierX, LLC v. Stephen Scott, et al., (N.D. Ind. 2025).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

HOOSIERVAC, LLC and HOOSIERX, ) LLC, ) ) Plaintiffs, ) ) Cause No. 2:24-CV-424-PPS-JEM v. ) ) STEPHEN SCOTT, et al., ) ) Defendants.

OPINION AND ORDER

This matter is before the Court on several Motions to Dismiss filed by all 25 named Defendants in this case. [DE 56; DE 90; DE 94; DE 120; DE 122; DE 124; DE 126; DE 128; DE 130; DE 149]. For economy’s sake and because each of the motions raise similar arguments, I address all of the motions in a single opinion. And because the complaint does not tell a plausible antitrust story that holds together, it must be dismissed in its totality. Background This case has a healthy procedural background which I’ll review first before getting into the thrust of the factual allegations. HoosierVac, LLC and HoosierX, LLC initiated this lawsuit on November 13, 2024, by filing a complaint in Carroll County Circuit Court. [DE 4]. I will refer to the plaintiffs collectively as HoosierVac unless specificity requires otherwise. On December 3, 2024, the Local 103 Defendants removed the case to federal court. [DE 1]. After filing its original complaint in state court, HoosierVac filed two amended complaints. [DE 15; DE 45]. The now operative complaint—the Second Amended Complaint or “SAC”—is the third one to have been

filed in this case. [DE 45]. The SAC is best described as shotgun pleading aimed at nearly every player in the hydrovac industry in central and northern Indiana. It asserts claims against 25 different named Defendants and ten “John Does” for a total for 35 Defendants. [DE 45 at 2-3].1 The allegations made against the Defendants in the SAC are, quite frankly, difficult to understand. As best I can tell, Plaintiffs allege that all 35 Defendants in this

lawsuit have acted in concert to exclude HoosierVac from the hydrovac industry in which it operates. HoosierVac and HoosierX are hydrovac excavation companies which operate in northern Indiana. [DE 45 at 4-5]. Hydrovac companies use hydro-excavation—a process of combining pressurized water and an industrial strength vacuum—to excavate soil

and debris. [Id. at 4]. Plaintiffs explain that the hydrovac industry “plays a critical role in modern infrastructure, construction, and environmental management” and “provides non-destructive digging solutions essential for maintaining public utilities, supporting industrial operations, and executing projects in environmentally sensitive areas.” [Id. at 3]. Plaintiffs tell me the conduct alleged in this lawsuit directly impacts

1 The page numbers used to cite to the SAC are the page numbers located in the top right-hand corner of the page. This number differs from the page numbers found at the bottom center of the page because the SAC was filed with a completely blank page as the first page. 2 their ability to compete and contract with clients including public utilities such as NIPSCO and others. [Id. at 4].

HoosierVac is a union employer with its headquarters in Delphi, Indiana. [DE 45 at 12]. Lauren Mullins is the majority owner and managing member of HoosierVac. [Id.] By contrast, HoosierX is a non-union employer headquartered in Camden, Indiana and owned and operated by Chris Mullins (Lauren’s husband). [Id.] Despite their different headquarters, Plaintiffs admit that HoosierVac and HoosierX operate out of the same building. [Id.] Plaintiffs say that despite the marital relationship of their owners and

same address, they operate as different businesses maintaining “independent operational policies, bank accounts, and management.” [Id.] Foreshadowing that this case involves a jurisdictional dispute between HoosierVac and the labor unions relevant to their industry, Plaintiffs say that their hydrovac businesses are located in the jurisdictional areas of both the International

Union of Operating Engineers Locals 103 and 150. [Id. at 5-6]. Both Locals are the labor unions which represent hydrovac workers in their respective jurisdictions. Plaintiffs say that their SAC “arises from a wide-ranging conspiracy and unlawful scheme” orchestrated by all 25 named Defendants. [DE 45 at 9]. The purpose of the alleged scheme is to limit HoosierVac’s access to the hydrovac market, limit or

eliminate competition, depress innovation, defame HoosierVac, interfere with HoosierVac’s existing contracts, breach obligations of Collective Bargaining Agreements (CBAs), and obstruct HoosierVac from completing its hydrovac work. [Id. at 10]. Stating 3 the obvious, the two Locals at issue here do not compete in the hydrovac industry; they supply labor to it. The SAC does not say, and it is entirely unclear, why the labor unions

would desire to plot with HoosierVac’s competitors to push them out of their industry. Plaintiffs state that in furtherance of the alleged conspiracy, “Defendants engaged in traditional antitrust violations such as group secondary boycotts, limited Plaintiffs and others access to the hydrovac market, interfering with hydrovac end users to eliminate or limit competition into the market, depress innovations, and other tactics such as the deliberate interference with existing contracts, defamatory communications

to third parties, breach of obligations arising from the CBA contract, interfering with witness relevant to this action and targeted obstruction of Plaintiffs and others from hydrovac work.” [Id. at 10]. Plaintiffs’ complaint makes the broad allegation that the 25 Defendants are in cahoots (presumably with the John Doe defendants) to execute a wide-ranging

conspiracy to push HoosierVac out of the hydrovac industry. However, the complaint is long on conclusions but short on facts. It contains very few specifics regarding the actions of the Defendants named in the lawsuit. Interestingly, as noted above, the two primary Defendants in this case are the labor unions, the Local 103 and the Local 150, who represent hydrovac workers in their jurisdiction and do not compete with

HoosierVac for work.2 As I’ve said, Plaintiffs have not attempted to offer a reason or

2 I’ve described the Local 103 and the Local 150 as the “primary” Defendants in this matter because most of the individual Defendants named in the case are Business Agents (BAs) of these two unions. 4 rationale as to why the labor unions would desire to push HoosierVac out of the hydrovac industry when at least one of the Plaintiffs employs a union workforce. Without hardly any detail as to how each Defendant has contributed to the alleged conspiracy, Plaintiffs assert five causes of actions against all Defendants. The five causes of action are:

e Count I- Violation of Section 1 of the Sherman Act (15 U.S.C. § 1) e Count II- Monopolization or Attempted Monopolization (15 U.S.C. §2) e Count III- Tortious Interference with Contract and Prospective Business Relations e Count IV- Breach of Contract/Breach of Implied Covenant of Good Faith and Fair Dealing e Count V- Violation of the Privacy Act [DE 45 at 32-34]. Predictably, each of the Defendants named in this lawsuit has filed a motion to dismiss the suit in its entirety. [See DE 56; DE 90; DE 94; DE 120; DE 122; DE 124; DE 126; DE 128; DE 130; DE 149]. Each of the Defendants declare that Plaintiffs’ SAC falls far short of Rule 8’s requirement that a complaint provide a “short and plain” statement of the claim showing that the pleader is entitled to relief. See Fed. R. Civ. P. 8(a)(2). With this background in mind, let’s turn to each of the Motions to Dismiss filed by the Defendants in this case.

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Hoosiervac, LLC and HoosierX, LLC v. Stephen Scott, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoosiervac-llc-and-hoosierx-llc-v-stephen-scott-et-al-innd-2025.