IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Plaintiff Greenfield Agricultural Partners LLC ("GAP" or "Plaintiff"), by and through its attorneys, Calderwood & Harkness LLP, hereby gives notice, pursuant to Section 2-1009 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1009), of the voluntary dismissal without prejudice of all counts of the Complaint filed herein against all Defendants, Prairie Basin Grain Co. ("PBGC") and Darren K. Musgrave, individually ("Musgrave"), as more fully set forth below.
I. COUNTS BEING DISMISSED
Plaintiff hereby voluntarily dismisses, without prejudice, each and every count of the Complaint filed in this action, specifically:
Count I — Breach of Contract (Master Grain Purchase and Off-Take Agreement) against Defendant Prairie Basin Grain Co.;
Count II — Breach of Personal Guaranty against Defendant Darren K. Musgrave, individually;
Count III — Account Stated against Defendant Prairie Basin Grain Co.; and
Count IV — Unjust Enrichment (alternative claim) against Defendant Prairie Basin Grain Co.
This dismissal is as to all counts (Counts I through IV) of the Complaint and as to all Defendants named herein, namely Prairie Basin Grain Co. and Darren K. Musgrave, individually. This dismissal is without prejudice to Plaintiff's right to refile any and all claims asserted herein within the time permitted by applicable law.
II. NATURE OF DISMISSAL AND RESERVATION OF RIGHTS
This dismissal is without prejudice. Plaintiff expressly reserves all rights, claims, and causes of action against Defendants, including but not limited to any claims arising under the Master Grain Purchase and Off-Take Agreement dated March 15, 2019, by and between GAP and PBGC, and the personal guaranty executed by Darren K. Musgrave in favor of GAP, attached as Exhibit D to the Master Grain Purchase and Off-Take Agreement. Nothing in this Notice shall be construed as a waiver, release, or relinquishment of any right, claim, demand, or cause of action that Plaintiff has or may have against either Defendant, whether arising from the transactions and occurrences set forth in the Complaint or otherwise.
As of the date of this Notice, no counterclaims, cross-claims, or affirmative claims for relief of any kind have been filed by any Defendant in this action, and accordingly Plaintiff's right to dismissal without prejudice under 735 ILCS 5/2-1009 is absolute.
III. PROPOSED ORDER
A proposed Order of Voluntary Dismissal Without Prejudice is submitted contemporaneously herewith for entry by the Court. Plaintiff respectfully requests that the Court enter said Order at its earliest convenience.
IV. PRAYER FOR RELIEF
WHEREFORE, Plaintiff Greenfield Agricultural Partners LLC respectfully requests that this Honorable Court enter the accompanying Order dismissing all counts (Counts I through IV) of the Complaint filed herein against all Defendants, Prairie Basin Grain Co. and Darren K. Musgrave, individually, without prejudice, and for such other and further relief as this Court deems just and proper.
Dated: February 10, 2023
Respectfully submitted,
GREENFIELD AGRICULTURAL PARTNERS LLC, Plaintiff,
By: Its Attorneys,
CALDERWOOD & HARKNESS LLP
By: ________
Francesca Morano ARDC No. 6329184 Hannah Brinkley ARDC No. 6341507
CALDERWOOD & HARKNESS LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 554-7200 Facsimile: (312) 554-7201 fmorano@calderwoodharkness.com hbrinkley@calderwoodharkness.com
CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that on February 10, 2023, a true and correct copy of the foregoing Plaintiff's Notice of Voluntary Dismissal Without Prejudice and the accompanying Proposed Order of Voluntary Dismissal Without Prejudice were served upon the following parties and interested persons:
Prairie Basin Grain Co. (currently without counsel of record, Bartlett, Reyes Linley CPAs LLP & Harkin LLP having been granted leave to withdraw as counsel for PBGC by Order of this Court entered November 18, 2022) Service directed to the company at its principal office: 4520 Harvest Road Champaign, Illinois 61820
Attention: Darren K. Musgrave, President
— via U.S. Mail, first class, postage prepaid
Darren K. Musgrave, individually 1188 Windermere Lane Champaign, Illinois 61822 — via U.S. Mail, first class, postage prepaid
Gareth J. Whitmore, Receiver Whitmore Strauss Advisory LLC 500 East Monroe Street, Suite 300 Springfield, Illinois 62701 — via U.S. Mail, first class, postage prepaid
(Court-appointed receiver for Prairie Basin Grain Co., appointed pursuant to the receivership order entered December 12, 2022, by the Circuit Court of Sangamon County, Illinois, in Sangamon County Case No. 2022-CH-001247)
Joanna M. Lockridge Counsel for the Receiver Lockridge Payne LLP 120 South Sixth Street, Suite 1800 Springfield, Illinois 62701 — via U.S. Mail, first class, postage prepaid
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.
________________________________________
Francesca Morano CALDERWOOD & HARKNESS LLP
GREENFIELD AGRICULTURAL PARTNERS LLC, a Delaware limited liability company,
<!-- indent:2 -->Plaintiff,<!-- /indent -->
| v. | Case No.: 2022-L-004831 |
| PRAIRIE BASIN GRAIN CO., an Illinois corporation, and DARREN K. MUSGRAVE, individually, | Hon. Patricia Delacroix |
<!-- indent:2 -->Defendants.<!-- /indent -->