IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION
GREENFIELD AGRICULTURAL PARTNERS LLC, a Delaware limited liability company,
Plaintiff,
v.
PRAIRIE BASIN GRAIN CO., an Illinois corporation, and DARREN K. MUSGRAVE, individually,
Defendants.
Case No. 2022-L-004831
Hon. Patricia Delacroix, Judge Presiding
NOTICE OF MOTION — PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' AFFIRMATIVE DEFENSES
TO: Defendants PRAIRIE BASIN GRAIN CO. and DARREN K. MUSGRAVE, by and through their attorneys of record, Douglas M. Harkin and Nadia C. Petrov, of the firm Bartlett, Reyes Linley CPAs LLP & Harkin LLP, 200 North LaSalle Street, Suite 2500, Chicago, Illinois 60601:
PLEASE TAKE NOTICE that on August 1, 2022, at 9:30 a.m., or as soon thereafter as counsel may be heard, Plaintiff GREENFIELD AGRICULTURAL PARTNERS LLC ("Plaintiff" or "Greenfield"), by and through its undersigned attorneys, Calderwood & Harkness LLP, will appear before the Honorable Patricia Delacroix, Judge of the Circuit Court of Cook County, Illinois, County Department, Law Division, in Courtroom 2005 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602, and will then and there present Plaintiff's Motion to Strike Defendants' Affirmative Defenses filed in this action.
Plaintiff will present said Motion to Strike for the purpose of requesting that this Court enter an order striking the following affirmative defenses asserted in Defendants' joint Answer and Affirmative Defenses, which were filed on June 27, 2022:
1. First Affirmative Defense: Force Majeure — in which Defendants allege that performance under the parties' Grain Purchase and Supply Agreement dated March 14, 2021 (the "Agreement") was excused by reason of purported force majeure events;
2. Second Affirmative Defense: Commercial Impracticability — in which Defendants allege that performance under the Agreement was rendered commercially impracticable by reason of alleged unforeseen market conditions and supply chain disruptions; and
3. Third Affirmative Defense: Failure to Mitigate Damages — in which Defendants allege that Plaintiff failed to take reasonable steps to mitigate its alleged damages arising from Defendants' breach of the Agreement.
Specifically, Plaintiff respectfully requests the entry of an order striking the First, Second, and Third Affirmative Defenses in their entirety, with prejudice, on the grounds that each of said affirmative defenses is insufficient as a matter of law, fails to allege facts sufficient to support the defense, and is otherwise legally and factually deficient under the standards set forth in Section 2-615 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-615. In the alternative, Plaintiff requests such other and further relief as this Court deems just and proper.
This Motion is supported by and should be considered in conjunction with the following:
(a) Plaintiff's Memorandum of Law in Support of its Motion to Strike Defendants' Affirmative Defenses, filed contemporaneously herewith, which sets forth in full the legal authorities and arguments in support of the relief requested;
(b) A Proposed Order, filed contemporaneously herewith; and
(c) All prior pleadings, records, and files in this cause, including but not limited to Plaintiff's Verified Complaint, filed on May 12, 2022, and Defendants' joint Answer and Affirmative Defenses, filed on June 27, 2022.
Respectfully submitted,
GREENFIELD AGRICULTURAL PARTNERS LLC, Plaintiff,
By: One of its attorneys
________________________________________
Hannah Brinkley CALDERWOOD & HARKNESS LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-8200 Facsimile: (312) 555-8201
Email: hbrinkley@calderwoodharkness.com
Francesca Morano, Partner Patrick Gallagher, Associate
Attorneys for Plaintiff Greenfield Agricultural Partners LLC
CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that on July 15, 2022, a true and correct copy of the foregoing Notice of Motion — Plaintiff's Motion to Strike Defendants' Affirmative Defenses, together with all supporting documents filed contemporaneously herewith, including (i) Plaintiff's Memorandum of Law in Support of its Motion to Strike Defendants' Affirmative Defenses and (ii) the Proposed Order, were served upon counsel for Defendants by sending same via electronic mail and by depositing same in the United States Mail, first class, postage prepaid, addressed to:
Douglas M. Harkin Nadia C. Petrov Bartlett, Reyes Linley CPAs LLP & Harkin LLP 200 North LaSalle Street, Suite 2500 Chicago, Illinois 60601 dharkin@bartlettcroweharkin.com npetrov@bartlettcroweharkin.com
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this Certificate of Service are true and correct.
________________________________________
Hannah Brinkley
Dated: July 15, 2022
Filed: July 15, 2022