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 the Notice of Voluntary Dismissal Without Prejudice filed by Plaintiff Greenfield Agricultural Partners LLC ("Plaintiff") on February 10, 2023, pursuant to Section 2-1009 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-1009; Plaintiff appearing through its attorneys of record, Calderwood & Harkness LLP, 225 West Wacker Drive, Suite 4000, Chicago, Illinois 60606; the Court having reviewed the Notice of Voluntary Dismissal filed herein and all supporting documentation; and the Court being fully advised in the premises:
IT IS HEREBY ORDERED AS FOLLOWS:
1. Dismissal of All Counts Against Defendant Prairie Basin Grain Co. Count I (Breach of Contract — Off-Take Agreement), Count III (Account Stated), and Count IV (Unjust Enrichment) of Plaintiff's Complaint, each as asserted against Defendant Prairie Basin Grain Co., an Illinois corporation, are hereby DISMISSED WITHOUT PREJUDICE.
2. Dismissal of All Counts Against Defendant Darren K. Musgrave. Count II (Breach of Personal Guaranty) of Plaintiff's Complaint, as asserted against Defendant Darren K. Musgrave, individually, is hereby DISMISSED WITHOUT PREJUDICE.
3. Dismissal as to All Defendants. All counts of the Complaint filed in this action, namely Counts I, II, III, and IV, are hereby dismissed without prejudice as to all Defendants named herein, and Plaintiff retains the right to refile said claims within the applicable statute of limitations, including any period of extension afforded by law.
4. Costs. Each party shall bear its own costs, fees, and expenses incurred in connection with this action, unless otherwise provided by law.
5. Case Disposition. This Order disposes of all pending claims against all parties in this action. There being no remaining claims, counterclaims, cross-claims, or third-party claims pending before this Court, this case is hereby CLOSED for all purposes. The Clerk of the Circuit Court is directed to reflect the disposition of this case on the docket accordingly.
ENTERED:
Date: ________
________________________________________
Hon. Patricia Delacroix Judge, Circuit Court of Cook County, Illinois
PREPARED BY AND SUBMITTED BY:
CALDERWOOD & HARKNESS LLP
By: ________
Francesca Morano (ARDC No. 6312847) 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-9200 Facsimile: (312) 555-9201
Email: fmorano@calderwoodharkness.com
Attorneys for Plaintiff Greenfield Agricultural Partners LLC
CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that on February 10, 2023, a true and correct copy of the foregoing Proposed Order of Voluntary Dismissal Without Prejudice, together with the Notice of Voluntary Dismissal Without Prejudice, was served upon each of the following by depositing the same in the United States Mail, first class, postage prepaid, in accordance with Illinois Supreme Court Rules:
1. Prairie Basin Grain Co., through its registered agent, Ridgeline Corporate Services LLC, 77 West Washington Street, Suite 1420, Chicago, Illinois 60602. (The Court having previously granted the Motion to Withdraw as Counsel filed by Bartlett, Reyes Linley CPAs LLP & Harkin LLP on November 18, 2022, Defendant Prairie Basin Grain Co. has no current counsel of record and service is therefore made upon its registered agent.)
2. Darren K. Musgrave, individually, 1188 Windermere Lane, Champaign, Illinois 61822. (Mr. Musgrave is proceeding pro se and has no current counsel of record.)
________________________________________
Hannah Brinkley (ARDC No. 6328491) CALDERWOOD & HARKNESS LLP 225 West Wacker Drive, Suite 4000 Chicago, Illinois 60606 Telephone: (312) 555-9200 Facsimile: (312) 555-9201
Email: hbrinkley@calderwoodharkness.com
Attorneys for Plaintiff Greenfield Agricultural Partners LLC
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 -->