Contract analysis

1. Dismissal of All Counts Against All Defendants. Plaintiff's Complaint, filed on May 3, 2022, including all counts contained therein, specifically: Count I (Breach of Contract — Off-Take Agreement) against Defendant Prairie Basin Grain Co.; Count II (Breach of Personal Guaranty) against Defendant Darren K. Musgrave; Count III (Account Stated) against Defendant Prairie Basin Grain Co.; and Count IV (Unjust Enrichmen

2. Without Prejudice Designation. This dismissal is entered without prejudice to Plaintiff's right to refile any and all claims asserted in the above-captioned Complaint within the time periods prescribed by the applicable statutes of limitation or repose, or as otherwise extended by operation of law, including but not limited to the provisions of 735 ILCS 5/13-217, as provided by 735 ILCS 5/2-1009. Nothing in this O

3. Costs. Each party shall bear its own costs incurred in connection with this action, including but not limited to filing fees, service fees, and attorneys' fees, unless otherwise ordered by this Court in a separate proceeding.

4. Case Closure. This case is hereby closed and removed from the active docket of the Court. All pending motions, if any, are hereby denied as moot. All previously set hearing dates, status dates, case management conference dates, and trial dates are hereby vacated.

5. No Adjudication on the Merits. This Order does not constitute, and shall not be construed as, an adjudication on the merits of any claim asserted by Plaintiff or any defense raised or available to any Defendant in this action. No party shall be deemed to have waived any claim, defense, or right by reason of the entry of this Order, except as expressly set forth herein. ENTERED: February 17, 2023 __________________