Statement of Case:
In this case, the Plaintiffs claims that it is an Iowa limited liability with its home office in Cass County at P.O. Box 502, 59706 Highland Road, Atlantic, Iowa 50022. Defendant Dathan G. Pettis is an individual residing in Buchanan County, Missouri and is the sole member and manager of Pettis Aviation, LLC, an Iowa limited liability company. Defendant Pettis Aviation, LLC is an Iowa limited liability company with its home office in Cass County at P.O. Box 128, 59706 Airport Road, Atlantic, Iowa 50022. Plaintiff claims that Defendant Dathan G. Pettis was hired by the Plaintiff as its temporary manager from February 16, 2016 until his relationship was terminated on January 18, 2017. Defendant Dathan G. Pettis continues to do business in Cass County through his limited liability company, Pettis Aviation, L.L.C.., formed on May 12, 2016. Plaintiff claims Robert E. Pettis owned and operated an aerial applicator business for many years in southwest Iowa, operating several crop dusting airplanes to apply fungicides and pesticides to farm crops during the growth season. In 2004 and subsequent years, he hired and utilized his grandson, Defendant Dathan G. Pettis, in various capacities during the crop years as an independent contractor. In 2009, his son, Monty Pettis, organized an Iowa limited liability company, Pettis Ag Aviation, LLC, the Plaintiff in this action, to operate as an aerial applicator business. The members of Pettis Ag Aviation, LLC, either initially or soon after the company’s organization were Monty Pettis and his parents, Robert Pettis and Patricia Pettis. There is no record that Monty Pettis contributed money, property or services to Plaintiff or operated Plaintiff.
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Statement of Case Defendant:
Plaintiff, Pettis Ag Aviation, LLC, filed a Petition on or about March 09, 2017, as Amended December 11, 2017 in Cass County, Iowa, claiming breach of contract, conversion of accounts, fraudulent misrepresentation, unjust enrichment, civil conspiracy, misappropriation of trade secrets, breach of fiduciary duty, interference with contractual relationships, infringement of common law trade name and negligence against the Defendants, Dathan Pettis and Pettis Aviation, LLC. Plaintiff is claimed to now be owned by Laurie Brown, Kim Bally and the Estate of Patricia Pettis and three individuals claim to be managing members of Pettis Ag Aviation, LLC, Jerry Brown, Laurie Brown and Kim Bally. On or about November 11, 2009 Monty G. Pettis, organized Pettis Ag Aviation, LLC, as the sole member of this single member Limited Liability Company. At no time before Monty’s death, were any additional documented members appointed to Pettis Ag Aviation, LLC. Monty Pettis died intestate on January 4, 2011, with two heirs; a son, Dathan G. Pettis and a daughter, Cayleigh Pettis. No probate was sought and no administrator or personal representative was ever appointed for the estate of Monty Pettis. Upon the death of Monty Pettis in January 2011, Pettis Ag Aviation, LLC no longer had any members. After ninety days without any members, Pettis Ag Aviation, LLC was dissolved as a matter of law. Assets in said company would belong to Monty Pettis’s. |
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