Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF GEORGIA
`(ALBANY DIVISION)
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`NUTRIEN AG SOLUTIONS, INC. d/b/a *
`NUTRIEN FINANCIAL
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` *
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` *
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`Plaintiff
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` *
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` * Case No.: 1:20-cv-223
`Vs.
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`
` *
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`
`
` *
`JOHN KEITH GRIFFIN
` *
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` *
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`Defendant
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` *
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`
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`COMPLAINT
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`COMES NOW, NUTRIEN AG SOLUTIONS, INC. d/b/a NUTRIEN FINANCIAL, by
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`
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`and through the undersigned counsel, and files this Complaint for damages against Defendant John
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`Keith Griffin and alleges the following:
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`PARTIES
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`1. Plaintiff Nutrien Ag Solutions, Inc. d/b/a Nutrien Financial (hereinafter “Nutrien” or
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`“Plaintiff”) is a corporation duly organized under and existing by virtue of the laws of Delaware
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`with its principal place of business located in Colorado.
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`2. Upon information and belief, Defendant John Keith Griffin (hereinafter “Defendant”)
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`is an individual residing in Georgia. Upon information and belief, Defendant Griffin is subject to
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`service of process at 1229 Pinehill Road, Bainbridge, Decatur County, Georgia 39817.
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`FACTS
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`3. Nutrien sells agricultural goods, wares, merchandise and related services and provides
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`financing to farmers and other engaged in the business of producing crops.
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`4. At all times relevant herein, Defendant engaged in the business of producing corn,
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`cotton, soybeans, wheat or other crops.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF GEORGIA
`(ALBANY DIVISION)
`
`
`
`
`NUTRIEN AG SOLUTIONS, INC. d/b/a *
`NUTRIEN FINANCIAL
`
` *
`
`
`
`
` *
`
`Plaintiff
`
` *
`
`
`
`
` * Case No.: 1:20-cv-223
`Vs.
`
`
`
` *
`
`
`
`
` *
`JOHN KEITH GRIFFIN
` *
`
`
`
`
` *
`
`Defendant
`
` *
`
`
`
`
`COMPLAINT
`
`COMES NOW, NUTRIEN AG SOLUTIONS, INC. d/b/a NUTRIEN FINANCIAL, by
`
`
`
`and through the undersigned counsel, and files this Complaint for damages against Defendant John
`
`Keith Griffin and alleges the following:
`
`PARTIES
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`1. Plaintiff Nutrien Ag Solutions, Inc. d/b/a Nutrien Financial (hereinafter “Nutrien” or
`
`“Plaintiff”) is a corporation duly organized under and existing by virtue of the laws of Delaware
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`with its principal place of business located in Colorado.
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`2. Upon information and belief, Defendant John Keith Griffin (hereinafter “Defendant”)
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`is an individual residing in Georgia. Upon information and belief, Defendant Griffin is subject to
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`service of process at 1229 Pinehill Road, Bainbridge, Decatur County, Georgia 39817.
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`FACTS
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`3. Nutrien sells agricultural goods, wares, merchandise and related services and provides
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`financing to farmers and other engaged in the business of producing crops.
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`4. At all times relevant herein, Defendant engaged in the business of producing corn,
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`cotton, soybeans, wheat or other crops.
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`
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 2 of 8
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`5. On or about August 9, 2019, Defendant executed and delivered to Nutrien a commercial
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`credit application agreeing to the certain Terms and Conditions for the sale of fertilizer, chemicals,
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`seed and related products and services for business purposes to Defendant. See Exhibit “A”.
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`6. The Credit Application/Credit Agreement (“Agreement”) specifically provides:
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`“Buyer agrees to pay all costs and expenses incurred by Sellers as the result of such default
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`including court costs and expenses of collection and reasonable attorneys’ fees, to greatest extent
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`not prohibited by applicable law. If Buyer defaults the Penalty Rate stated in the Approval Letter
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`will apply. Finance charges will continue to accrue after the Maturity Date.” See Exhibit “A”, p.
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`2.
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`7. Defendant failed to make payment of all amounts due under the Agreement and thereby
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`breached and violated the terms and conditions of said Agreement by virtue of the failure to make
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`payment as required.
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`8. As of September 30, 2020, the amount of principal and interest owed is $106,888.09.
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`Of that amount $89,907.02 is principal and $16,981.07 is interest. See Exhibit “B”.
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`9. Plaintiff provided Defendant with written notice in accordance with Ga. Code Ann. §
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`13-1-11 on October 27, 2020 that it intended to enforce the attorneys’ fees provisions of the
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`Agreement. See Exhibit “C”.
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`JURISDICTION & VENUE
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`10. This Court possesses jurisdiction to entertain this action under 28 U.S.C. § 1332
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`because there is complete diversity of citizenship between Defendant and Plaintiff. The amount
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`in controversy exceeds $75,000.00, exclusive of interest and costs.
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`11. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because Defendant
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`maintains its principal place of business in this district and Defendant resides in Georgia.
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 3 of 8
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`12. The claims forming the basis of this Complaint, or a significant portion thereof, arose
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`in the geographical area which is contained within the federal judicial district known as the Middle
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`District of Georgia.
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`COUNT I
`Breach of Contract: Commercial Credit Agreement
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`13. Plaintiff incorporates by reference the allegations stated above as though repeated at
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`length herein.
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`14. On or about August 9, 2019, Defendant executed the Agreement requesting Nutrien
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`sell Defendant seeds, fertilizer, chemicals, related products and services on an open commercial
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`account.
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`15. The Agreement obligates Defendant to pay interest, expenses, including attorneys’
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`fees, associated with the collection of any sum advanced under the agreement.
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`16. Defendant defaulted on the Agreement by failing to pay Nutrien the principal amount
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`owing plus accrued interest when due and payable.
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`17. As a result of Defendant’s material breach of contract, the Agreement went into default
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`and the indebtedness of Defendant to Nutrien has been and is hereby declared immediately due
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`and payable because to, among other events of default, non-payment of the indebtedness as
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`required by the terms and conditions of the Agreement.
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`18. Nutrien is the creditor identified in the Commercial Credit Agreement described above.
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`19. Defendant defaulted upon said Agreement and no part of the principal sum has yet been
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`paid.
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`20. There remains due, owing, and unpaid under the Agreement described above a
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`principal amount of $89,907.02 plus interest at rate of 18% per annum (1.5% per month).
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 4 of 8
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`21. Defendant is indebted to Nutrien in the total outstanding amount of $106,888.09 as of
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`September 30, 2020, plus interest, costs, late fees, and the costs of collection.
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`22. Despite notice, Defendant failed and refused, and continues to fail and refuse, to pay
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`Nutrien the principal, interest, and costs as stated above, although Nutrien has repeatedly
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`demanded payment from Defendant.
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`23. As a direct and proximate result of Defendant’s breach of contract and default under
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`the Agreement, Nutrien has suffered damages in the amount of $106,888.09 as of September 30,
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`2020, plus interest, costs, late fees, and the costs of collection.
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`24. Plaintiff is entitled to judgment against Defendant in the amount of $106,888.09, plus
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`interest accruing on the principal balance of $89,907.02 at the rate of 18% per annum plus statutory
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`attorneys’ fees in the amount of $10,688.81 as provided in the parties’ Agreement, as well as other
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`default penalties and late fees provided for in the Agreement, and other costs and expenses incurred
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`by Plaintiff to collect thereon.
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`COUNT II
`OPEN ACCOUNT
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`25. Plaintiff incorporates by reference the allegations stated above as though repeated at
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`length herein.
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`26. Defendant opened a commercial account with Nutrien whereby Nutrien would provide
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`fertilizer, chemicals, seeds, and related products and services and Nutrien would advance the cost
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`and expense of such products and services for Defendant’s commercial production of corn, cotton,
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`soybeans, wheat or other crops in exchange for Defendant paying Nutrien in accordance with the
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`Terms and Conditions stated in the Agreement.
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`27. Defendant thereafter ordered agricultural products and services from Nutrien on the
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`resulting open account.
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 5 of 8
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`28. Nutrien supplied agricultural products and services as ordered by Defendant and
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`invoiced Defendant during the relevant time period and provided monthly statements of account
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`to Defendant.
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`29. Defendant failed to pay the amount owed on the account in accordance with the Terms
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`and Conditions of the Agreement.
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`30. Nutrien has satisfied all conditions precedent necessary for Nutrien to be entitled to
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`receive payment on the past due principal, interest, default charges and other amounts due under
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`the Agreement in the total amount of $106,888.09.
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`31. Defendant breached the open account with Nutrien by failing to make payment of the
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`principal, interest, and other charges for agricultural products and services which Nutrien provided
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`at Defendant’s special instance and request and for which Defendant promised to pay Nutrien.
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`32. Pursuant to the Agreement and O.C.G.A. § 7-4-16, Nutrien is entitled to interest at the
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`rate of 1 ½ % per month, or 18 per annum, on all principal sums due and owing under the
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`commercial account maintained by Defendant with Nutrien.
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`33. After applying all payments and giving credit for all amounts justly and properly due,
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`Defendants remain indebted to Plaintiff in the principal amount of $89,907.02, plus interest at the
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`rate of 18% per annum for a total outstanding balance of $106,888.09 as of September 30, 2020,
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`plus $10,688.81 in attorneys’ fees pursuant to the terms and parties’ Agreement and as provided
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`by O.C.G.A. § 13-1-11.
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`COUNT III
`GOODS SOLD
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`34. Plaintiff incorporates by reference the allegations stated above as though repeated at
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`length herein.
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 6 of 8
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`35. August 9, 2019, Defendant and Nutrien entered into an agreement whereby Nutrien
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`would supply agricultural inputs and related products to Defendant in exchange for a price.
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`36. By September 30, 2020, Defendant owed Nutrien in excess of $89,907.02 in overdue
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`payments for agricultural inputs and related products.
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`37. Defendant stopped making payments or stopped making complete payments for the
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`agricultural products and services ordered by Defendant and sold by Nutrien to Defendant.
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`38. Defendant still owes Nutrien $106,888.09, plus accruing interest for those products and
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`services sold and delivered by Nutrien to Defendant.
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`39. Invoices and account statements evidencing the shipment and non-payment for goods
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`are in the possession of Nutrien and have been provided to Defendant with each delivery and again
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`at the end of each month. Such documents are too voluminous to attach to this pleading, but will
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`be provided to the Court upon request.
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`COUNT IV
`UNJUST ENRICHMENT
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`40. Plaintiff incorporates by reference the allegations stated above as though repeated at
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`length herein.
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`41. Alternatively, Nutrien alleges Nutrien conferred non-gratuitous benefits upon
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`Defendant.
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`42. Defendant used the agricultural inputs, products and related services in the operation
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`of their joint commercial enterprise and sold the crops produced by Nutrien’ products and services
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`to third-parties for monetary gain.
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`43. Defendant voluntarily accepted and retained the benefits conferred upon Defendant by
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`Nutrien with the full knowledge that Nutrien provided such products and services to Defendant
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`with the expectation of receiving payment.
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 7 of 8
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`44. Defendant failed to pay for all of the products and services provided by Nutrien, yet
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`sold the crops and products while retaining all or substantially all of the monies from the sales.
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`45. The circumstances render Defendant’s retention of the benefits inequitable unless
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`Defendant pays Nutrien the value of the benefits conferred by Nutrien at the special instance and
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`request of Defendant.
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`46. Defendant has been unjustly enriched at the expense of Nutrien.
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`47. Nutrien is entitled to damages as a result of Defendant’s unjust enrichment including
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`judgment for the full value of all benefits conferred by Nutrien and retained by Defendant for use
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`in the operation of his farming operation.
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`WHEREFORE, Plaintiff Nutrien Ag Solutions, Inc. respectfully prays as follows:
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`1. Process issue to the Defendant;
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`2. Award of Judgment against the Defendant as to Counts I though III of this Complaint
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`for damages in the amount of $106,888.09 plus interest at the rate of 18% per annum
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`on the invoiced sums which comprise the principal balance of $89,907.02 owed to
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`Nutrien from September 30, 2020 until entry of judgment and at the rate of 18% per
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`annum from entry of judgment until satisfied in full;
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`3. Award of Judgment against the Defendant as to Counts I through III for the reasonable
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`and necessary attorneys’ fees and expenses of litigation incurred by Plaintiff in bringing
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`this action pursuant to O.C.G.A. § 13-1-11 and as expressly authorized by the
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`Agreement.
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`4. Award of Judgment for monetary damages for $89,907.02 for unjust enrichment and
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`unpaid goods received by Defendant plus interest from the earlier of (i) the date of
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`filing this Complaint; or (ii) entry of judgment, and from entry of judgment until paid
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`Case 1:20-cv-00223-LAG Document 1 Filed 11/09/20 Page 8 of 8
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`in full;
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`5. An award of interest, costs, and attorneys’ fees incurred by Plaintiff in prosecuting this
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`action as provided by law;
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`6. All costs be cast against Defendant; and
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`7. For such other and further relief as this Court deems just and necessary.
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`Respectfully submitted,
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`CASTELLOW & STRICKLAND, LLP
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`/s/ Michael A. Strickland, Esq.
`Michael A. Strickland
` Georgia Bar No. 687810
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`Michael.Strickland@MTCSlaw.com
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`Attorney for Plaintiff Nutrien Ag Solutions, Inc.
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`P.O. Box 190
`Moultrie, Georgia 31776
`(229) 985-1213
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