Case 2:21-cv-02435-JTF-atc Document 1-1 Filed 06/28/21 Page 1 of 11
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`PagelD 6
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`Service of Process
`Transmittal
`06/16/2021
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`CT Log Number 539740198
`
`noGNm
`D.2
`
`9eEm
`
` ,CT Corporation
`
`To:
`
`Lanetta Scott
`Crop Production Services, inc.
`3005 Rocky Mountain Ave
`Loveland, CO 80538-9001
`
`RE:
`
`Process Served in Tennessee
`
`FOR:
`
`Nutrien Ag Solutions, Inc.
`
`(Domestic State: DE)
`
`ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:
`
`TITLE OF ACTION:
`
`DOCUMENT(S) SERVED:
`
`COURT/AGENCY:
`
`ON WHOM PROCESS WAS SERVED:
`
`DATE AND HOUR OF SERVICE:
`
`JURISDICTION SERVED :
`
`APPEARANCE OR ANSWER DUE:
`
`ATTORNEY(S) / SENDER(S):
`
`ACTION ITEMS:
`
`Troy Hopkins, etc. and Glenn Hopkins, etc., Pltfs. vs. Nutrien AG Solutions, Inc., et
`al., ths.
`
`None Specified
`Case # 7680
`
`C T Corporation System, Knoxville, TN
`
`By Process Server on 06/16/2021 at 10:41
`Tennessee
`
`None Specified
`
`None Specified
`
`SOP Papers with Transmittal, via UPS Next Day Air , 1ZX212780125612965
`
`Image SOP
`
`Email Notification, Jeffrey Conrad Jeffrey.conrad@nutrien.com
`
`Email Notification, Billy Pirkle billy.pirkle@cpsagu.com
`
`Email Notification, Kara Fenton kara.fenton@nutrien.com
`
`Email Notification, Lanetta Scott
`
`lanetta.scott@cpsagu.com
`
`Email Notification, Sherri Kuhlmann sherri.kuhlmann@nutrien.com
`
`Email Notification, Jennifer MacAulay Bryant
`
`jennifer.macaulaybryant@agrium.com
`
`Email Notification, Rhonda Kambeitz rhonda.kambeitz@nutrien.com
`
`Email Notification, Amanda Vandagriff amanda.vandagriff@nutrien.com
`
`REGISTERED AGENT ADDRESS:
`
`C T Corporation System
`300 Montvue RD
`Knoxville, TN 37919
`866-665~5799
`SouthTeam2@wolterskluwer.com
`
`Page 1 of 2/VS
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`EXHIBITA
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`

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`Case 2:21-cv-02435-JTF-atc Document 1-1 Filed 06/28/21 Page 2 of 11
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`PagelD 7
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` CT Corporation
`
`To:
`
`Lanetta Scott
`Crop Production Services, inc.
`3005 Rocky Mountain Ave
`Loveland, CO 80538-9001
`
`RE
`
`Process Served in Tennessee
`
`FOR:
`
`Nutrien Ag Solutions, Inc.
`
`(Domestic State: DE)
`
`Service of Process
`Transmittal
`06/16/2021
`
`CT Log Number 539740198
`
`The information contained in this Transmittal is provided by CT for quick reference only. It does not constitute a legal opinion, and should not otherwise be
`relied on, as to the nature of action, the amount of damages, the answer date, or any other information contained in the included documents. The recipient(s)
`of this form is responsible for reviewing and interpreting the included documents and taking appropriate action, including consulting with its legal and other
`advisors as necessary. CT disclaims all liability for the information contained in this form, including for any omissions or inaccuracies that may be contained
`therein‘
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`Page 2 of 2 / vs
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`PagelD 8I
`Case 2:21-cv-02435-JTF-atc Document 1-1 Filed 06/28/21 Page 3 of 11
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`STATE OF TENNESSEE
`I
`
`Case Number
`CIVIL SUMMONS
`768"
`
`.a e ,1 of1
` 2n1 vs. Nutrien AG Solutions Inc. et al.
`Served On:
`
`Nutrien‘ AG Solutions
`
`e/o CT Corp .‘System, 300 Mo’ntvue Road, KnOXVille, Tennessee 379l9
`
`You are hereby summoned to defend a civil action filed against you in Circuit Court Tipton County, TennesSee Your defense must be made within
`thirty (30) days from the date this summons is served upon you You are directed to file your defense with the clerk ofthc court and send a Iopy to
`the plaintiff‘s attomey at the address listed below. iffyou fail to defend this action by the below date, judgment by default may berendered against
`you fer the relief songht1n thecomplaint,
`.lssuedz. ’ I gig “41 30 22
`
`
` Clerk / Deputy Clerk
`
`.
`
`
`'422-70 8
`Oil
`Attorney for‘Plaintifff DavidA Stowers'90l 300-8212 'fax:'
`-l.66l International Drive, Suite 400: Memphis, Tennessee.38120
`
`NOTICE OF PERSONAL PROPERTY EXEMPTION
`TO THE DEFENDANT(S):‘ Tennessee. law provides a'ten thousand dollar ($10,000) persdnal prepeny exemption as well as a hemestead exemption
`from execution or seizure to satisfya Judgment The amount ofthe homestead exemption depends uponyour age and the other factors which are
`listed1'11 TCA § 26'.2-30L lfaJudgmentshould be enteredagainst you in this action andyou wishto claim property as exemptyou must file a
`you thereafter as necessary; however,unlessit'isfiled before thejudgment becomesfinalIit'willnot be effective as to any execution or garnishment
`iSSticd prior to the filing ofthe list. ’Certai'n items areautomatically exempt by law‘ and do riot. need to be lis'_;led these include items of neces:a‘ry
`wearing apparel (clothing) foryour selfand your familyand trunks ,or other receptacles necessary to contain such apparel, family portraits,- tIie'family
`Bible", and-school books. Should any of these items beseized you wouldhave. therightto recover them. ”you donot understand your exemptiOn
`tighter, how to exercise it, yon may wish to seek the counsel ofa lawyer Please state file:number on list.
`
`.
`._
`_,
`~_
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`.
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`.
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`Clerk-,1“
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`_
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`County
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`Maillis't-to
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`CERTIFICATION (.IFAPPLICABLE)
`I
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`: Clerk- of
`I g f[t5 I I'
`_
`County 'do‘certify thisto be a true and;correctz1:opyof
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`1
`. Cle'r'k/ Deu' Clerk
`OFFICER’S RETURN: Pleaseexecute this summbns and make your.return within ninety (90) days of'iss'uahce as provided by law
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`I certify that [have served this summons together with the complaint asfollows; y
`
`I I A
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`gency Address
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`.
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`_
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`.
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`_
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`Signature-
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`By:__~m____Jm
`.Ple'a'se Print: Ofiice‘r‘i‘Title
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`l hereby certify andreturn' that on I sent po'sta'Ike ,
`
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`prepaid, by registered return receipt mail or certified rctum receipt.mail a certified copy of-the summons and a copy ofthe complaintin theIabove
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`styled case,-to the defendant
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`. On
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`I received the retum receipt, which had been signe by
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`on
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`. The return rcceiptis-at'tac'hed to‘ this original summons to be filed by the Court Clerk.
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` RETURN ON‘SE'RV'ICE 'OF SUMMONS BY‘ MAIL:
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`Notary Public/ Deputy Clerk (Comm. Expires
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`Signature ofPlaintift‘
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`Plaintiff‘s Attorney (or Person Authorized to Serve Process)
`(Attach return receipt on back)
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`ADA Ifyou need asststance or accommodanons because ofa disabtltry please call
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`ADA Coordinator, at (
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`)
`Rev, 03/] I
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`mment 1-1 Filed 06/28/24 "Page . f,11 .1 PageID £1
`~ g,
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`‘ 15“.»
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`IN THE CIRCUIT COURT OF TENNESSEE
`,
`FOR THE TWENTY—FIFTH JUDICIAL DISTRICT AT C‘OVINGTON
`
`.
`
`TROY HOPKINS ,d/b/a
`TROY HOPKINS FARMS and
`._
`_
`" 1
`GLENN HOPKINS 'd/bj/a
`HOPKINS .& HOPKINS FARMS,‘
`
`Piaintiffs,
`
`v.
`
`_
`
`-
`
`A
`‘
`NUTRIEN AG SOLUTIONS, Inc.,=
`'
`JOHN DQ—E CORP 1, — 10., and.
`,
`JOHN: DOLE, '1 — 10*
`-
`
`Defendants;
`
`)
`)
`)
`)
`)
`’)
`
`)
`)
`
`)
`)
`1)
`)
`)
`)
`).
`).
`.)
`
`FILED
`"
`"
`‘
`JUL312019
`MIKE FOR
`.
`BESS CLERK/RE
`
`C
`
`' N'0--M
`JURY DEMANDED
`
`I
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`‘
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`COMPLAINT FOR. DAMAGES
`
`COMES NOW'yOUT'PIair-It'i'ffs, Troy Hopkins d/b/a Troy HOpki‘nS Far‘n'I‘s. “and
`
`
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`Glenn Hopkins 'd/bl’a, Hopkins and Hopkins Farms, by and through undefsi‘gned
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`counsel, and asserts-The following cause of action against the Defendants, Nutrien
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`AG Solutions, Inc..,, John Doe‘CorporationS, 1 ~ ‘10, and John Doe, -‘1
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`-— 1.0;
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`PARTIES
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`BYzmflL
`
`A TRUE COPY
`ATTEST
`MIKE FORBESS CLERK
`
`

`

`m1 Filed 06/28/2l“‘,Page 5 Of 11
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`PageID O
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`1.
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`Plaintiff, Troy Hopkins d/b/a Troy Hopkins Farms, is an adult resident Oi
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`n
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`Tipton County, Tennessee.
`
`2.
`Plaintiff, Glenn Hopkins d/b/a Hopkins and Hopkins, is an adult resident of
`Tipton County.
`-
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`3.
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`Defendant, Nutrien AG Solutions, Inc“ (hereinafter referred to as “Nutrien”,
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`is a for profit c‘orporatiOn as evidenced by its, corporate filings with the; TenneSSee:
`
`Secretary of State’s office (ContrOl Number: 4513-90). Its principal: place of busine's.
`
`is located at 3005 Rocky Mountain Ave, L.o‘ve.lar_1-.d_-,-~ Colorado; 805-3784.,
`
`4.
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`Nutrients registered agent for service of process is CT Corporation System,-
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`300 ’Mon‘tvue' Road, Knoxville, Tennessee.
`
`5
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`The. true names: and. capacities, whether individual-liar: 'Iothcmise, ofegach of-‘t’he-
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`Defendants are sued by fictitious names. Plaintiffs: will ask leave of this Court ftO‘
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`i
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`Defendants designated. herein, as DOE- are: unlmown‘ to Pl-ai-nt'i'fijéahd, therefore; Dore
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`, amend; this icomplaint'. to Show their true names and capacities When as..ee,rt=ai'ne'd:.'
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`Plaintiffs areginforrned and believe. and allege that eaCh ofthe Defendants designated
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`herein as DOE. is legally responsible in. seme‘ manner and liable for the. events: and
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`happenings alleged, and in such manner, proximately cauSed damages to'P'l'aintiff‘si
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`'6.
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`Defendants" John Does 1-10 were at all times relevant to this Complaint
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`individuals’emplo‘yed' by the Defendants.
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`If and when the true names of said
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`
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`

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`Wt 1-1 Filed 06/28/21,.wfage 6 Of 11
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`PagelD 161
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`individuals are discovered through the course of discovery, said true names shall be
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`substituted in this action by amendment to this Complaint.
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`Defendant John Doe Corporations 1—10, based upon information and beliefa
`7.
`were at all time‘s relevant to th‘ivst‘Com'pl-aint corporation's duly' organized undeu
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`applicable state law, in an industry impacting interstate commerce. If and- when; the
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`true name of said corporations are diswvere'd. through the; course’- tof'discovtSry, said
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`true name shall be: substituted in this action by amendment to this Complaint.
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`l
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`l;
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`l
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`JURISDICTION &. VENUE.
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`All actions complained: of occurred in- Tiptoii County, Tennessee;
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`8.
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`'9.
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`.At the time of-t‘heai'ncident‘ that is the subject" ofthijsr lawsmtgthe Plaintiffs were
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`residents of Tipton County, Tennessee.
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`‘
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`-
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`l
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`The property which: is; the: subject ‘of‘ this; l-aWSU‘it.?i's located. in T-ipto‘n County
`1’0.
`The Defendant, 'Nutrien AG Solutions,- Inc., is, a Colbrado corporation but is:
`ll,
`conducting business in 'Tipton County, Tennessee-.-
`‘
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`,
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`12
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`The Defendants, John Doe Corporations, are conducting. business in 'Tipt'onl
`
`County, Tennessee.
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`13.
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`The Defendants, John Does, are conducting business in Tipton County,-
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`Tennessee.
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`

`

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`W.- - -J|aF-§rtc Docum'éfit'l-l Filed 06/28/2;"*~:5Page70f11
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`PageID 12
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`14.
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`TherefOre,
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`this trial court has personal
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`jurisdiction and subject matter
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`jurisdiction to hear this civil action. pursuant to inter alia T.C;A. §§ 16-10-101; 2-0-
`
`2-7223.
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`15,.
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`Further, this. trial .courtis the proper venue to hear this civil action pursuant to”-
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`T-,C.v-A. § 204—107;
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`22. As a result of this rni‘sa‘pplication, Plaintiffs '.suffered' an unusually low yield.
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`representative and apply fertilizer to 'Plaintiffs’ fields.
`20..
`This representative ofNutri—en did notiapply the fertilizer- according to widely
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`FACTUAL BACKGROUND
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`‘
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`l
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`,.
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`1.6..
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`Plaintiff's arei'n the."bu'sirijess ofplan'ting cotton“.
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`1:7.
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`For-the. past several, years, Plaintiffs: had garnered. a.‘con-si'ste'n'tl_3iiel'd. from theii-
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`business.
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`18'.
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`.Ianéune2018i, as: was their Usual. course of business, Plaintiffs: con'traetedqwirtlr
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`the Defendant, Nutrienyteafipiy fertilizertto theirr3-fie31dsj,
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`‘19.
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`It: is“ believed that 'Nu'trien then. contracted with another entity to act as; its
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`accepted industry standards, It .fa'iledfto utilize methods common.to the. industry:
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`'21.
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`This failure to abide 'by industry standards resulted .in uneven application. "
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`

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`Wooument 1-1 Filed 06/28/23:,»Page 8 of 11
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`PageID 18
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`CAUSE OF ACTION: BREACH OF CONTRACT (DEFENDANT NUTRIEN
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`The. Defendant, Nutrien, Was at all relevant times: to this Complaint,- :as a dulyi'
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`AG SOLUTIONS, Inc.)
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`’
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`'
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`l
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`Plaintiffs re‘incor'porate the allegations contained in the previous paragraphs
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`‘23;
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`24..
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`as though set forth Verbatim.
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`
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`registered corporation, capable: and competent to enter into a binding contractua
`agreement;
`I
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`We.
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`.5215.
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`Plaintiffs lawfully entered-into- .an. agreement with the: Defend-ant to mill
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`fertilizer :6 their crOp land.
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`26 The Defendant :breaChed the tenns. cf theeontraet with Plaintiffs, namely; and
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`ém-ongj: other things, by failing; to utilize industry Standards. and "norms in applying.
`the fertilizer}.
`‘
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`Plaintiffs relied upon- therepresentations 'o‘f'th'e Defendantzand its”. agents, that.
`27.
`the contracted services- would. be performed. aC‘COrdin‘g.I'to the.- prevailing industry
`standard. Plaintiffs fully- complied with their contractual agreement by rendering
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`7
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`payment to the Defendant-J
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`‘
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`!
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`28;,
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`Plaintiffs relied upon the centract: and representations ofthe Defendant and-it's
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`agents to their detriment. TherefOre, the Defendant are liable to Plaintiffs for Suchl
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`foreseeable direct and consequential damages flowing frOm their breach.
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`PageID if
`WSW-1 Filed 06/28/21-4‘Dage 9 of 11
`29.
`As a direct and proximate cause ofthe Defendant’s actions, Plaintiffs sufferetl
`significant damages, including but not limited to economic loss, loss ofmonetari
`capital, loss ofprofit, all .of which entitles Plaintiffs to recover judgment against thti:
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`Defendant for compensatory damages in an amo'Unt deemed reasonable by a jury.
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`Plaintiffs are, therefore, entitled to recover judgment against the Defendan
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`30..-
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`fOE'QOmpen-satory damages. in such amounts; as deemed reasonable by a. jury.
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`..'CAUSE- "OF ACTION:' BREACH OF CONTRACT DEFENDANTS JOHN
`
`DOES .1_._—— 10. ‘&:JOHN DOE: CORPORATIONS '1 ~10
`'Plvaiintiflfs reiincorporatesthe allegati'onS contained in. the- previous paragraphs '
`3.1.
`as; though :set forth:verbatim;
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`
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`Defendant-s JohniDtioes. 1 .-— 1‘10 and John Doe Corporations- 1 ~ 120‘ were at all
`32
`relevant] times competent and. capable within the law to enter into a binding
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`contractual agreement-,-
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`3.3.1 Defendant's Ioh‘n‘fDoes '1 —~ 10~and«J,—0hn Doe Corporations 1 -. 10 entered into
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`.ran'agreementtwith'the Defendant, Nutrien, to provide services to Plaintiffs on behalf
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`
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`of'NUtrien.
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`34.-
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`Pl'ai‘ntiffs were the intended third-"party beneficiaries to such contracts entered
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`into by the-(Defendants.
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`mad Filed 06/28/ijsrsli’age 10 of 11
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`PageID 5
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`35.
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`The Defendants breached the terms of the contract, namely, and among other
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`things, by failing to utilize industry standards” and'norms in applying the fertilizer.
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`36-.
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`Plaintiffs relied upon the contract and representations of the Defendants an
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`their agents. to their detriment. Therefore, the Defendants are liable to Plaintiffs if?
`such foreseeable direct and consequential damages flowing from theirbreach.
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`3.7. Asa direCt and proximate cause of the Defendants’ aetions, Plaintiffs suffered
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`significant. damages, including but not limited to economic loss, loss- .of'monetary
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`capital, 10'ss.ofprofit,.all of‘which entitles Plaintiffs to recover judgment against the
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`Defendants for- compensatory damages in'an amount deemed reasonable. by ajiury.
`38.
`The. Plaintiffs are, therefore, entitled.
`to reCover- judgment against the
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`Defendants for compensatory damages in such amounts as deemed .teasonable‘. byza:
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`Jury
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`RELIEF SOUGHT
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`WHEREFORE, PREMISES CONSIDERED, Plaintiff respeC'tfiilly prays
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`for the-- following:
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`.1.
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`2.
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`3..
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`That proper. process is issued against the'Defendants requiring them to answer;
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`That ajury of twelve persons :is' empane’led ”to 'hear' this matter;
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`That the Plaintiffs are awarded compensatory damages in an amount no less
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`than ONE MILLION DOLLARS ($1,000,000.00) to be determined by a jury;
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`Went 1-1 Filed 06/28/21/Ifiage 11 of 11
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`PagelD 16
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`c
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`4..
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`_ That this Court freely grants leave to thePlain‘tiffs to amend this complaint to
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`conform with'the facts of this matter as they are discovered;
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`5.
`That. the Plaintiffs are awarded prejudgment and po‘st—jUdgment
`according to» law; and
`'
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`interest -
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`'6;
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`That the, Plaintiffs are awarded. Such filrther relief as. the" Court may deem just
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`and equitable.
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`Respectfully submitted;
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`
`
`
`
`. _-ry‘a‘n. R. Huffman #030050
`.~ Attorney fer Plamtlffs
`.
`1 31 WestlLi‘he'T}..jj.'.Aye:.
`
`PO. Box: 9434
`'
`
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`*Covmgton TN 38019
`(901) 726—3854
`(901) 72-6—3539 FAX
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`We" are suretyfor costs in this cause;
`HUFFMAN MASO,PLLC
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