pxsrcr cour Ive pisrRicr courr or oxtanoma GB ERE Py STATE OF OKLAHOMA State of Oklahoma, ex rel. Oklahoma APR 29 2022 ‘Tout and Recreation Departs an NQobRr chi Plaintiff, ‘Swadley’s Foggy Bottom Kitchen, LLC, an Oklahoma limited lability company, q Defendant PETITION COMES NOW Plaintiff State of Oklahoma, ex rel. Oklshoma Tourism and Recreation Department (‘Plaintif”), and hereby alleges the following facts and causes of action against Defendant Swadley’s Foggy Bottom Kitchen, LLC (“Defendant”), 1, This action is instituted by the State of Oklahoma, ex el, Oklahoma Tourism and Recreation Department, a authorized by and pursuant to OKLA. STAT tit 74, § 2204 2. Upon information and belief, Defendant Swadley"s Foggy Bottom Kitchen, LLC is ‘an Oklahoma limited liability company located in OHahoma County, Oklahoma, 3, On or about March 4, 2020, Plaintiff and Defendant entered into » contractual srrangement regarding restaurant operations inthe Oklahoma State Parks (“Contact”) 4, Underthe terms ofthe Contact, Defendant has the duty and obligation to make its financial books, records, and documents available to Plaintiff at all reasonable times. 5. Under the terms of the Contract, Defendant has the duty and obligation to have its financial statements audited annually and delivered with the audit report to Plait6, Plsiisthasrepatedy requested thet Defendant make its financial statements books, records reports, and such documents availble for examination by lini 7. Plintif's requests are reasonable and necessary not only because Plintif is ‘contractually entitled to such information and documents but also to ascertain the accuracy of| Defendants recordkeeping and reconcile all monies paid by or owed to Plain: 8 Defendanchas violated its promises and obligations an is in material breach ofthe Contract ands fled and refosd to prove an accounting to Paint. 9, AsaresultofDefendant’s knowing, reckless, and will refusal to comply wit its obligations and to provide an accounting, PlaintifPhas boen damaged. 10, Plait is entitled toe fll and complete scouting from Defendant WHEREFORE, Plaintiff State of Oklahoma, ex rel, Oklahoma Tourism and Recreation Department, requests the fellowing aginst Swadley's Foggy Bottom Kitchen, LLC: 1. udgmene requiring sid Defendant to perfarm its dias under the Conor: 2. A falland complete accountings and 3. Such other and further relief this Court deems appropriate, including interest, costs, and attorney fees Respestflly submited Abe ‘Lin maais4 ~ ‘Andrew R. Davis, OBA #32763 ‘CALVERT LAW FIRM 1041 NW Grand Boulevard (Oklahoma City, Oklahoma 73118 ‘Telephone (405) 848-5000 Facsimile (405) 848-5052 rwalveri@ealvertsw.com adavis@calvertiaw-com Attorneys for Plaintiff wee 39rd