IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION
ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
This matter coming before the Court on Plaintiff Greenfield Agricultural Partners LLC's Notice of Voluntary Dismissal Without Prejudice, filed on February 10, 2023, pursuant to Section 2-1009 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-1009;
Plaintiff Greenfield Agricultural Partners LLC appearing by and through its attorneys of record, Calderwood & Harkness LLP, 225 West Wacker Drive, Suite 4000, Chicago, Illinois 60606;
Defendant Prairie Basin Grain Co. having no counsel of record in this matter, its prior counsel of record, Bartlett, Reyes Linley CPAs LLP & Harkin LLP, having been granted leave to withdraw its appearance by order of this Court entered on November 18, 2022, and no substitute counsel having entered an appearance on behalf of said Defendant;
Defendant Darren K. Musgrave having no counsel of record in this matter and appearing pro se;
The Court having reviewed the Notice of Voluntary Dismissal Without Prejudice, together with the entire court file and all pleadings, motions, and papers on file herein, and the Court being fully advised in the premises;
IT IS HEREBY ORDERED AS FOLLOWS:
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 Enrichment) against Defendant Prairie Basin Grain Co., is hereby DISMISSED WITHOUT PREJUDICE as to all counts and as to all Defendants named herein.
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 Order shall be construed to limit, waive, or otherwise affect Plaintiff's right to commence a new action based upon the same or substantially similar claims against any or all of the Defendants named herein.
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
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Hon. Patricia Delacroix Judge, Circuit Court of Cook County, Illinois
PREPARED BY AND SUBMITTED BY:
CALDERWOOD & HARKNESS LLP Attorneys for Plaintiff Greenfield Agricultural Partners LLC
225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-7200 Facsimile: (312) 555-7201
By: ________
Francesca Morano, Partner ARDC No. 6298410 fmorano@calderwoodharkness.com
Hannah Brinkley, Associate ARDC No. 6341782 hbrinkley@calderwoodharkness.com
CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that on February 17, 2023, a true and correct copy of the foregoing Order of Voluntary Dismissal Without Prejudice, as entered by the Court, was served upon the following parties by depositing same in the United States mail, first class, postage prepaid, in an envelope properly addressed as follows:
Prairie Basin Grain Co. (No counsel of record; served at principal office) 4520 Harvest Road Champaign, Illinois 61820
Darren K. Musgrave (No counsel of record; served at last known residence) 1188 Windermere Lane Champaign, Illinois 61822
Ridgeline Corporate Services LLC (Registered Agent for Prairie Basin Grain Co.) 77 West Washington Street, Suite 1420 Chicago, Illinois 60602
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.
________________________________________
Diane K. Velasquez ARDC No. 6355019 Calderwood & Harkness LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-7200 dvelasquez@calderwoodharkness.com
Date: February 17, 2023
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 -->