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Case 2:21-cv-02435-JTF-atc Document 1-1 Filed 06/28/21 Page 1 of 11
`
`PagelD 6
`
`Service of Process
`Transmittal
`06/16/2021
`
`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
`
`EXHIBITA
`
`
`
`

`

`Case 2:21-cv-02435-JTF-atc Document 1-1 Filed 06/28/21 Page 2 of 11
`
`PagelD 7
`
` 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‘
`
`Page 2 of 2 / vs
`
`
`
`

`

`PagelD 8I
`Case 2:21-cv-02435-JTF-atc Document 1-1 Filed 06/28/21 Page 3 of 11
`
`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.
`
`.
`._
`_,
`~_
`
`.
`
`.
`
`Clerk-,1“
`
`_
`
`County
`
`Maillis't-to
`
`
`CERTIFICATION (.IFAPPLICABLE)
`I
`
`: Clerk- of
`I g f[t5 I I'
`_
`County 'do‘certify thisto be a true and;correctz1:opyof
`
`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
`
`I certify that [have served this summons together with the complaint asfollows; y
`
`I I A
`
`gency Address
`
`.
`
`_
`
`.
`
`_
`
`Signature-
`
`By:__~m____Jm
`.Ple'a'se Print: Ofiice‘r‘i‘Title
`
`l hereby certify andreturn' that on I sent po'sta'Ike ,
`
`
`prepaid, by registered return receipt mail or certified rctum receipt.mail a certified copy of-the summons and a copy ofthe complaintin theIabove
`
`styled case,-to the defendant
`
`. On
`
`I received the retum receipt, which had been signe by
`
`on
`
`. The return rcceiptis-at'tac'hed to‘ this original summons to be filed by the Court Clerk.
`
` RETURN ON‘SE'RV'ICE 'OF SUMMONS BY‘ MAIL:
`
`Notary Public/ Deputy Clerk (Comm. Expires
`
`Signature ofPlaintift‘
`
`Plaintiff‘s Attorney (or Person Authorized to Serve Process)
`(Attach return receipt on back)
`
`ADA Ifyou need asststance or accommodanons because ofa disabtltry please call
`
`ADA Coordinator, at (
`
`)
`Rev, 03/] I
`
`
`
`
`
`

`

`mment 1-1 Filed 06/28/24 "Page . f,11 .1 PageID £1
`~ g,
`
`‘ 15“.»
`
`
`
`
`
`
`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
`
`‘
`
`COMPLAINT FOR. DAMAGES
`
`COMES NOW'yOUT'PIair-It'i'ffs, Troy Hopkins d/b/a Troy HOpki‘nS Far‘n'I‘s. “and
`
`
`
`Glenn Hopkins 'd/bl’a, Hopkins and Hopkins Farms, by and through undefsi‘gned
`
`counsel, and asserts-The following cause of action against the Defendants, Nutrien
`
`AG Solutions, Inc..,, John Doe‘CorporationS, 1 ~ ‘10, and John Doe, -‘1
`
`-— 1.0;
`
`PARTIES
`
`BYzmflL
`
`A TRUE COPY
`ATTEST
`MIKE FORBESS CLERK
`
`

`

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

`

`Wt 1-1 Filed 06/28/21,.wfage 6 Of 11
`
`PagelD 161
`
`individuals are discovered through the course of discovery, said true names shall be
`
`substituted in this action by amendment to this Complaint.
`
`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
`
`applicable state law, in an industry impacting interstate commerce. If and- when; the
`
`true name of said corporations are diswvere'd. through the; course’- tof'discovtSry, said
`
`true name shall be: substituted in this action by amendment to this Complaint.
`
`l
`
`l;
`:
`
`l
`
`
`
`JURISDICTION &. VENUE.
`
`All actions complained: of occurred in- Tiptoii County, Tennessee;
`
`8.
`
`'9.
`
`.At the time of-t‘heai'ncident‘ that is the subject" ofthijsr lawsmtgthe Plaintiffs were
`
`residents of Tipton County, Tennessee.
`
`‘
`
`-
`
`l
`
`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-.-
`‘
`
`,
`
`12
`
`The Defendants, John Doe Corporations, are conducting. business in 'Tipt'onl
`
`County, Tennessee.
`
`13.
`
`The Defendants, John Does, are conducting business in Tipton County,-
`
`Tennessee.
`
`

`

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

`

`Wooument 1-1 Filed 06/28/23:,»Page 8 of 11
`
`PageID 18
`
`CAUSE OF ACTION: BREACH OF CONTRACT (DEFENDANT NUTRIEN
`
`The. Defendant, Nutrien, Was at all relevant times: to this Complaint,- :as a dulyi'
`
`AG SOLUTIONS, Inc.)
`
`’
`
`'
`
`l
`
`Plaintiffs re‘incor'porate the allegations contained in the previous paragraphs
`
`‘23;
`
`24..
`
`as though set forth Verbatim.
`
`
`
`registered corporation, capable: and competent to enter into a binding contractua
`agreement;
`I
`
`We.
`
`.5215.
`
`Plaintiffs lawfully entered-into- .an. agreement with the: Defend-ant to mill
`
`fertilizer :6 their crOp land.
`
`26 The Defendant :breaChed the tenns. cf theeontraet with Plaintiffs, namely; and
`
`ém-ongj: other things, by failing; to utilize industry Standards. and "norms in applying.
`the fertilizer}.
`‘
`
`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
`
`7
`
`payment to the Defendant-J
`
`‘
`
`!
`
`28;,
`
`Plaintiffs relied upon the centract: and representations ofthe Defendant and-it's
`
`agents to their detriment. TherefOre, the Defendant are liable to Plaintiffs for Suchl
`
`foreseeable direct and consequential damages flowing frOm their breach.
`
`
`
`

`

`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:
`
`Defendant for compensatory damages in an amo'Unt deemed reasonable by a jury.
`
`Plaintiffs are, therefore, entitled to recover judgment against the Defendan
`
`30..-
`
`fOE'QOmpen-satory damages. in such amounts; as deemed reasonable by a. jury.
`
`..'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;
`
`
`
`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
`
`contractual agreement-,-
`
`3.3.1 Defendant's Ioh‘n‘fDoes '1 —~ 10~and«J,—0hn Doe Corporations 1 -. 10 entered into
`
`.ran'agreementtwith'the Defendant, Nutrien, to provide services to Plaintiffs on behalf
`
`
`
`of'NUtrien.
`
`34.-
`
`Pl'ai‘ntiffs were the intended third-"party beneficiaries to such contracts entered
`
`into by the-(Defendants.
`
`
`
`

`

`mad Filed 06/28/ijsrsli’age 10 of 11
`
`PageID 5
`
`35.
`
`The Defendants breached the terms of the contract, namely, and among other
`
`things, by failing to utilize industry standards” and'norms in applying the fertilizer.
`
`36-.
`
`Plaintiffs relied upon the contract and representations of the Defendants an
`
`their agents. to their detriment. Therefore, the Defendants are liable to Plaintiffs if?
`such foreseeable direct and consequential damages flowing from theirbreach.
`
`3.7. Asa direCt and proximate cause of the Defendants’ aetions, Plaintiffs suffered
`
`significant. damages, including but not limited to economic loss, loss- .of'monetary
`
`capital, 10'ss.ofprofit,.all of‘which entitles Plaintiffs to recover judgment against the
`
`Defendants for- compensatory damages in'an amount deemed reasonable. by ajiury.
`38.
`The. Plaintiffs are, therefore, entitled.
`to reCover- judgment against the
`
`Defendants for compensatory damages in such amounts as deemed .teasonable‘. byza:
`
`Jury
`
`RELIEF SOUGHT
`
`
`
`WHEREFORE, PREMISES CONSIDERED, Plaintiff respeC'tfiilly prays
`
`for the-- following:
`
`.1.
`
`2.
`
`3..
`
`That proper. process is issued against the'Defendants requiring them to answer;
`
`That ajury of twelve persons :is' empane’led ”to 'hear' this matter;
`
`That the Plaintiffs are awarded compensatory damages in an amount no less
`
`than ONE MILLION DOLLARS ($1,000,000.00) to be determined by a jury;
`
`
`
`

`

`Went 1-1 Filed 06/28/21/Ifiage 11 of 11
`r
`_“
`
`PagelD 16
`
`'
`
`.
`
`c
`
`4..
`
`_ That this Court freely grants leave to thePlain‘tiffs to amend this complaint to
`
`conform with'the facts of this matter as they are discovered;
`
`5.
`That. the Plaintiffs are awarded prejudgment and po‘st—jUdgment
`according to» law; and
`'
`
`interest -
`
`'6;
`
`That the, Plaintiffs are awarded. Such filrther relief as. the" Court may deem just
`
`and equitable.
`
`Respectfully submitted;
`
`
`
`
`
`. _-ry‘a‘n. R. Huffman #030050
`.~ Attorney fer Plamtlffs
`.
`1 31 WestlLi‘he'T}..jj.'.Aye:.
`
`PO. Box: 9434
`'
`
`
`*Covmgton TN 38019
`(901) 726—3854
`(901) 72-6—3539 FAX
`
`
`
`
`
`We" are suretyfor costs in this cause;
`HUFFMAN MASO,PLLC
`
`
`
`
`
`
`
`

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