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8/12/2019 Civil Case Against Sac County Company Dismissed With Prejudice - LACV019373
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In the Iowa District Court in and for SAC County
Case No: 02811 LACV019373 Title: DESIGN TANKS LLC VS KRUDICO INC
NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.
New rules apply to electronically filed cases.
Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining
to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at
https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand
and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to
the use of the Electronic Document Management System,available on the Iowa Judicial Branch eFiling website.
Your registration constitutes your request for, and consent to, electronic service of court-generated documents
and documents filed electronically by other parties. When you have completed your registration, you can begin
filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of
exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption
from registering and filing electronically.You must protect private information when using EDMS.
Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System
specifies personal information that is now considered protected by the court, as well as what you must do to
keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.
Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have
questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions
as we implement electronic filings in the Iowa Courts
E-FILED 2013 MAR 21 1:05 PM SAC - CLERK OF DISTRICT COURT
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In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files
to electric documents
Administrative Order
Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an
electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document
Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending
files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:
1. Each Clerk of Court may take action to convert paper case files that are pending and will likely
appear on a future court schedule as soon as implementation of EDMS begins in their respective counties.
2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in
each case type. Upon implementation of electronic filing in the County, the security level of
these electronic records shall be as identified by the EDMS Business Advisory Committee.
3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties
appearing pro se.
4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to
protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that
case.
5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010
/s/ Kurt L. Wilke
Kurt L. Wilke, Chief Judge of the Second
Judicial District of Iowa
E-FILED 2013 MAR 21 1:05 PM SAC - CLERK OF DISTRICT COURT
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In the Iowa District Court in and for SAC County
Case No: 02811 LACV019373 Title: DESIGN TANKS LLC VS KRUDICO INC
NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.
New rules apply to electronically filed cases.
Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining
to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at
https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand
and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to
the use of the Electronic Document Management System,available on the Iowa Judicial Branch eFiling website.
Your registration constitutes your request for, and consent to, electronic service of court-generated documents
and documents filed electronically by other parties. When you have completed your registration, you can begin
filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of
exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption
from registering and filing electronically.You must protect private information when using EDMS.
Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System
specifies personal information that is now considered protected by the court, as well as what you must do to
keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.
Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have
questions about court procedures related to electronic filing, contact your county clerk of court office.We look forward to your comments and suggestions
as we implement electronic filings in the Iowa Courts
E-FILED 2013 MAR 21 1:05 PM SAC - CLERK OF DISTRICT COURT
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In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files
to electric documents
Administrative Order
Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an
electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document
Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending
files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:
1. Each Clerk of Court may take action to convert paper case files that are pending and will likely
appear on a future court schedule as soon as implementation of EDMS begins in their respective counties.
2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in
each case type. Upon implementation of electronic filing in the County, the security level of
these electronic records shall be as identified by the EDMS Business Advisory Committee.
3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties
appearing pro se.
4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to
protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in that
case.
5. After being notified of commencement of the electronic filing in that County, attorneys, parties appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010
/s/ Kurt L. Wilke
Kurt L. Wilke, Chief Judge of the Second
Judicial District of Iowa
E-FILED 2013 MAR 21 1:05 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 APR 04 2:14 PM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
L.L.P. 1
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS, LLC,
Plaintiff,
vs.
KRUDICO, INC.,
Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
KRUDICO, INC.,
Third Party Plaintiff,
vs.
CITY OF MANCHESTER, TSCHIGGFRIE
EXCAVATING CO., AND AL COOK D/B/AAL'S ELECTRICAL SERVICE,
Third Party Defendant,
NO. LACV019373
THIRD PARTY DEFENDANT AL
COOK D/B/A ALS ELECTRICAL
SERVICE'S ANSWER
COMES NOW Third Party Defendant, Al Cook d/b/a Als Electrical Service, and for
his answer to Third Party Plaintiff's Petition states:
1. Paragraph 1 is denied for lack of sufficient information.2. Paragraph 2 is admitted.3. Paragraph 3 is denied for lack of sufficient information.4. Paragraph 4 is admitted.5. Paragraph 5 is denied for lack of sufficient information.6. Paragraph 6 is denied for lack of sufficient information.7. Paragraph 7 is denied for lack of sufficient information.8. Paragraph 8 is denied for lack of sufficient information.9. Paragraph 9 is denied for lack of sufficient information.10. Paragraph 10 is denied for lack of sufficient information.
E-FILED 2013 APR 10 1:25 PM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
L.L.P. 2
11. Paragraph 11 is denied.WHEREFORE Third Party Defendant, Al Cook d/b/a Als Electrical Service prays
that Third Party Plaintiff's Petition be dismissed and all costs taxed to Third Party Plaintiff.
AFFIRMATIVE DEFENSES
1. Failure to State a Claim. Third-party Plaintiffs petition fails to assert a claim
upon which relief can be granted as to this Third-Party Defendant.
2. Sole Proximate Cause. The sole proximate cause of the Plaintiff's damages was
the conduct of another party or parties and conditions not within the control of this
Defendant.
3. Comparative Fault. To the extent that Third-party Plaintiffs petition asserts a
claim of negligence, any negligence claim is barred or shall be reduced by the comparative
fault of Third-party Plaintiff or other third parties pursuant to Chapter 668 of the Iowa Code.
4. Economic Loss Doctrine. To the extent any negligence claim is asserted the claim
is barred by the Economic Loss Doctrine.
E-FILED 2013 APR 10 1:25 PM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
LLP
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS, LLC,
Plaintiff,
vs.
KRUDICO, INC.,
Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
KRUDICO, INC.,
Third Party Plaintiff,
vs.
CITY OF MANCHESTER, TSCHIGGFRIE
EXCAVATING CO., AND AL COOK D/B/AAL'S ELECTRICAL SERVICE,
Third Party Defendant,
NO. LACV019373
THIRD PARTY DEFENDANT'S
MOTION FOR CONTINUANCEAND
REQUEST FOR TELEPHONIC
HEARING
COMES NOW the Third Party Defendant, Al Cook d/b/a Als Electrical Service, and
in support of his motion states:
1. This case arises out of an incident of property damage on or about January 4,2010. The petition in this matter was filed on August 9, 2012.
2. A Civil Trial Setting Conference Memorandum was entered on November 19,2012 and set a trial date of September 25, 2013 and set other deadlines in this matter. This
conference was held before this Defendant was brought into the action as a third-party
defendant and this defendant had no opportunity to select a trial date.
3. Counsel for Third Party Defendant is scheduled to be in trial in a MarshallCounty, Iowa case at the time of this trial on September 25, 2013.
4. In addition, due to the timing of their addition to the lawsuit, it is unlikely thisdefendant can complete discovery needed to adequately defend the claims asserted.
E-FILED 2013 APR 18 12:57 PM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
LLP
5. This delay does not grow out of fault or neglect of movant.6. This motion is filed without delay after the grounds became known to the
Third Party Defendant's counsel.
7. Counsel has contacted Al Cook and has obtained his oral consent to thiscontinuance. Counsel requests waiver of signature requirement of IRCP 1.910(2).
WHEREFORE the Third Party Defendant prays for an Order continuing the trial of
this matter from September 25, 2013 to a date certain. The third party defendant further
prays that if this matter is set for hearing, that the hearing be conducted telephonically
pursuant to Iowa Rule of Civil Procedure 1.431(9).
Respectfully submitted,
Brian L. Yung #AT0008665
KLASS LAW FIRM, L.L.P.Mayfair Center, Upper Level
4280 Sergeant Road, Suite 290
Sioux City, IA [email protected]
WWW.KLASSLAW.COM
712/252-1866712/252-5822 fax
ATTORNEYS FOR DEFENDANT AL COOK
D/B/A ALS ELECTRICAL SERVICE
Copy to:
Christopher L. Low2536 73rd Street
Des Moines, IA 50322
E-FILED 2013 APR 18 12:57 PM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
LLP
A. Eric Neu
721 N. Main Street
Box 367Carroll, IA 51401
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the
above cause to each of the attorneys of recordherein at their respective addresses disclosed
on the pleading on _April 18__________, 2013
By: _____ U.S. Mail ______ Facsimile
_____ Hand delivered ______ Overnight courier
_____ Other _________ ___X___ ECF
Signature ___________________________________
E-FILED 2013 APR 18 12:57 PM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
DESIGN TANKS, LLC,
Plaintiff,
v.
KRUDICO, INC.,
Defendant.
LAW NO. LACV019373
RESPONSE TO THIRD-PARTYDEFENDANTS MOTION FOR
CONTINUANCE AND REQUEST
FOR TELEPHONIC HEARING
COMES NOW, the Defendant, Krudico, Inc., and joins in Third-Party Defendant Al
Cooks Motion for Continuance and request for telephonic hearing.
1. Admitted.
2. Admitted. Affirmatively stated that Third-Party Defendants Tschiggfrie
Excavating Company and the City of Manchester have also been served and joined in thislawsuit. Any scheduling conference should be set after they have filed an Answer in this action.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
WHEREFORE, the Defendant, Krudico, Inc., requests that the trial be continued afterhearing.
/s/ A. Eric NeuA. Eric Neu
ISBA #AT0005812NEU, MINNICH, COMITO & NEU, P.C.
721 N. Main St.P.O. Box 367
Carroll, IA 51401
Telephone:712-792-3508;Facsimile: [email protected]
E-FILED 2013 APR 18 3:45 PM SAC - CLERK OF DISTRICT COURT
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ATTORNEYS FOR DEFENDANT
Copy to:
Mr. Christopher L. Low
Abendroth & Russell, P.C.2536 - 73rd
StreetDes Moines, IA 50322-4700
Mr. Brian L. YungKlass Law Firm, LLP
4280 Sergeant Rd.
Mayfair Center, Ste. 290
Sioux City, IA 51106
Tschiggfrie Excavating
425 Julien Dubuque DriveDubuque, IA 52003-7992
Timothy J. Vick, City Manager
City of Manchester208 E. Main St.
Manchester, IA 52057
PROOF OF SERVICEThe undersigned certifies that the foregoing instrument was served
upon all parties to the above cause to each of the attorneys of
record herein at their respective addresses disclosed on the
pleadings on April 18, 2013.
By:Becky Schoeppner
X U.S. Mail ___ FAX ___ Email
___ and Delivered ___ UPS ___ Federal Express ___ Other
E-FILED 2013 APR 18 3:45 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 APR 19 10:02 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 APR 19 10:02 AM SAC - CLERK OF DISTRICT COURT
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Notice ID: 2RCV31
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS LLC,
Plaintiff,
vs.
KRUDICO INC, Defendant.
Case No. 02811 LACV019373
ORDER SETTING HEARING
The Third Party Defendant has filed a Motion to Continue Trial. A hearing will now be
scheduled.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. A Hearing is scheduled on 05/07/2013 at 11:30 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
2. If counsel desire, they may participate in this hearing via telephone conference
call, which call is to be initiated and paid for by the Third Party Defendant. For that
purpose, the Court may be reached at 712-662-7419.
If you need assistance to participate in court due to a disability, call the disability coordinator at
641-421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disablity coordinators cannot provide legal advice.
1 of 2
E-FILED 2013 APR 22 9:54 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Case Number Case TitleLACV019373 DESIGN TANKS LLC VS KRUDICO INC
Type: ORDER SETTING HEARING
So Ordered
Electronically signed on 2013-04-22 09:54:02
2 of 2
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E-FILED 2013 APR 26 10:42 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 APR 26 10:42 AM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
L.L.P.
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS, LLC,
Plaintiff,
vs.
KRUDICO, INC.,
Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
KRUDICO, INC.,
Third Party Plaintiff,
vs.
CITY OF MANCHESTER, TSCHIGGFRIE
EXCAVATING CO., AND AL COOK D/B/AAL'S ELECTRICAL SERVICE,
Third Party Defendant,
NO. LACV019373
THIRD PARTY DEFENDANT AL
COOK D/B/A ALS ELECTRICAL
SERVICES DESIGNATION OF
EXPERTS
COMES NOW Third Party Defendant, Al Cook d/b/a Als Electrical Service, and
designates the following as expert witnesses whom he may call at the trial in this case:
1. Robert P. Boesel, Technical Investigations, Inc., 1695 Valentine Ave., St.Paul, MN 55112.
2. Third Party Defendant reserves the right to call any of the experts designatedby any other party in this action.
E-FILED 2013 APR 29 11:06 AM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
L.L.P.
Respectfully submitted,
Brian L. Yung #AT0008665
KLASS LAW FIRM, L.L.P.Mayfair Center, Upper Level
4280 Sergeant Road, Suite 290
Sioux City, IA [email protected]
WWW.KLASSLAW.COM
712/252-1866712/252-5822 fax
ATTORNEYS FOR THIRD PARTY
DEFENDANT AL COOK D/B/A ALSELECTRICAL SERVICE
Copy to:
Christopher L. Low
2536 73rd StreetDes Moines, IA 50322
A. Eric Neu
721 N. Main StreetBox 367
Carroll, IA 51401
Beth Hansen
Swisher & Cohrt, P.L.S.528 W. 4th Street
Waterloo, IA 50704-1200
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the
above cause to each of the attorneys of recordherein at their respective addresses disclosedon the pleading on __April 29_________, 2013
By: _____ U.S. Mail ______ facsimile
_____ Hand delivered ______ Overnight courier
_____ Other __________ __X____ ECF
Signature ___________________________________
E-FILED 2013 APR 29 11:06 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY______________________________
)DESIGN TANKS, LLC, )
)
Plaintiff, ) No. LAC!"#$%$)&'. )
)KRUDICO, INC., ) ORDER
)D(f(nant. )
______________________________)
T*i+Pa+t- D(f(nant' /otion to Contin0( 1a2(
on fo+ *(a+in3 toa- 4- t(l(5*on( 1onf(+(n1( 1all.
ORDER
IT IS ORDERED t*at t*( /otion to Contin0( i'
SUSTAINED. T*( t+ial, 10++(ntl- '(t fo+ S(5t(24(+ 67,
6!"$, i' CONTINUED.
T*( Co0+t A2ini't+ato+ '*all +('1*(0l( t*i'
t+ial.
Cl(+8 to f0+ni'* 1o5i(' to9
Co0n'(l of R(1o+Co0+t A2ini't+ato+
E-FILED 2013 MAY 07 11:46 AM SAC - CLERK OF DISTRICT COURT
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Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS LLC,
Plaintiff / Petitioner,
vs.KRUDICO INC,
Defendant / Respondent.
Notice of Civil Trial Setting Conference
Case No: 02811 LACV019373
A scheduling conference will be held on 05/21/13 at 10:30 AM with Kellie Orres, as District CourtDesignee, pursuant to I.R.C.P 1.602.
This conference shall be conducted by telephone conference call initiated by plaintiff's counsel. Kellie Orres may be contacted via telephone at: (515) 574-3752.
1. PARTICIPATION: All attorneys appearing in the case shall participate in this conference. A partywho is not represented by counsel shall contact the Court Administrator's office (at the above phonenumber) prior to the date and time of the conference call.2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the SupremeCourt's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALLBE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or issubstantially unprepared to participate in the conference, the Court may impose appropriatesanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).
/s/ Kellie Orres --------------------------------------- Designee of the CourtClerk to provide copies ornotice of document to attorneysof record and parties appearing
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pro se.
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Case ID : 02811 LACV019373 - DESIGN TANKS LLC VS KRUDICO INC
Event Cd : OFTN
BRIAN L YUNG filed
BRIAN L YUNG filed
ARTHUR ERIC NEU filed
BETH E HANSEN filed
CHRISTOPHER LLOYD LOW filed
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Notice Id: 2CA010 IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS LLC
Plaintiff(s),
vs.
KRUDICO INC
Defendant(s).
Trial Scheduling Order
Case No : 02811 LACV019373
Date Petition Filed : 08/09/12
Case Type :Civil
Trial Type : Jury
Expected Length of Trial : 4 Days
The amount in controversy exceeds $10,000 : Yes
Nature of Case : Collection
APPEARANCES:Plaintiff(s)/Petitioner(s) : Christopher LowDefendant(s)/Respondent(s) : Eric Neu, Brian Yung, Beth Hansen and Davin CurtissIT IS SO ORDERED:TRIAL :Trial of this case is set for trial on 06/11/14 at 09:00 AM in the District Court in the courthouseof the above-named county.PRE-TRIAL CONFERENCE (Check one)
A pre-trial conference shall be held on The conference may be held telephonically with priorapproval of the court.
A pre-trial conference shall be held upon request.NEW PARTIES. No new parties may be added later than 180 days before trial or .TRANSCRIPTS AND RECORDS. All required agency records and prior criminal transcipts shall befiled within 30 days of the date of this order or by .PLEADINGS. Pleadings shall be closed 60 days before trial or .
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DISCOVERY. All written discovery shall be served no later than 90 days before trial. All depositionsshall be completed no later than 60 days before trial. Or, all discovery shall be completed by .EXPERT WITNESS.a. A party who intends to call an expert witness, including rebuttal expert witnesses, shall certfiy tothe court and all other parties the expert's name, subject matter of expertise and qualifications, withinthe following time period, unless the Iowa Code requires an earlier designation (See, e.g. Iowa Code668.11):
(1) Plaintiff: 210 days before trial or . (2) Defendant/Third Party Plaintiff: 150 days before trial or . (3) Third-Party Defendant/Others/Rebuttal: 90 days before trial or .b. This section does not apply to court appointed experts.(The pleadings, discovery, and expert witness deadlines may be amended, without further leave of court, by
filing a Stipulated Amendment to Scheduling Order with the clerk listing the dates agreed upon and signed by all
counsel and self-represented litigants. Such an Amendment shall not serve as a basis for a continuance of thetrial date or affect the date for pre-trial submissions.)
PRE-TRIAL SUBMISSIONS. At least seven (7) days before trial, counsel for the parties and self-represented litigants shall:a. File a witness and exhibit listwith the clerk, serve a copy on opposing counsel and self-represented litigants and exchange exhibits. Rules governing exhibits and exhibit lists: (1) Plaintiff shall use numbers and Defendant shall use letters. Pre-trial exhibit lists shall identifyeach exhibit by letter or number and description. Exhibits shall be marked by counsel before trial. (2) Immediately before commencement of trial, the court shall be provided with a bench copy,
and the reporter with a second copy, of the final exhibit list, for use in recording the admission ofevidence. (3) In non-jury cases, immediately before commencement of trial, the court shall be provided witha bench copy of all exhibits identified on the exhibit lists. (4) Within 5 days after the filing of an exhibit list, counsel and self-represented litigants shall filewith the clerk, and serve on each party, any identification, authentication, and foundation objections tothe exhibits listed; otherwise such objections shall be deem WAIVEDfor trial purposes.b. File with the clerk, and deliver to the Trial Judge, Motions in Limine, with supporting legalauthority.
c. File with the clerk, and deliver to the Trial Judge, all proposed jury instructionsin a form to bepresented to the jury, including a statement of the case, the stock jury instruction numbers and verdictforms. (The court shall be provided the instructions in written form and by either E-mail attachment;USB Thumb drive download; or on a CD-ROM with MS Word compatible format.)d. Deliver to the Trial Judge and opposing counsel/self-represented litigants a concise trial briefaddressing factual, legal and evidentiary issues, with a citation to legal authorities.
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MOTIONS. All motions, including motions for summary judgment and except motions in limine, shallbe filed with the clerk of court's office at least 60 days before trial, with copies to the assigned judge.SETTLEMENT CONFERENCE. (Check one)
A settlement conference shall be held on . All parties with authority to settle must be present.
A settlement conference may be held upon request.
SETTLEMENTS. The parties shall have the responsibility of immediately notifying the courtadministrator of settlement.LATE SETTLEMENT FEES. Late settlement fees under Iowa Rule of Civil Procedure 1.909 areapplicable.CONTINUANCES. Continuances are discouraged and shall only be granted for good cause.Motions to continue are governed by Iowa Rule of Civil Procedure 1.910. In the event the trial date iscontinued, all time deadlines in this order and stipulated amendments shall remain in effect relative tothe new trial date unless the court approves new deadlines.
NOTICE. A failure to comply with any of the provisions of this order or an amendment to scheduling order
may result in sanctions being imposed by the court pursuant to Iowa Rule of Civil Procedure 1.602(5) including
limitation and exclusion of evidence and witnesses and payment of costs or attorney fees. The original of
this order shall be filed at the time the trial date is obtained. The court shall resolve disputes regarding oral
agreements on scheduling by reference to this scheduling order or any written amendments to this order.
Dated : 05/22/13 /s/ Kellie Orres ________________________________ Judge of the District Court/Court Designee
Original filed with the Clerk of CourtCopies to: counsel of record/self-represented litigants/assigned judge.
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Notice Id: 2CA101
IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS LLC,
Plaintiff / Petitioner,
vs.KRUDICO INC,
Defendant / Respondent.
Case No: 02811 LACV019373
Amended Trial Notice
The above entitled matter is hereby scheduled for jury trial on 06/10/14 at 09:00 AM .
Please be advised trial will now begin on Tuesday, June 10th
/s/ Kellie Orres ----------------------------------- Designee of the Court
Clerk to provide copies or noticeof this document to attorneys of record,parties appearing pro se and
judge if assigned
Docket Code = OSTR
E-FILED 2013 AUG 12 2:58 PM SAC - CLERK OF DISTRICT COURT
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Case ID : 02811 LACV019373 - DESIGN TANKS LLC VS KRUDICO INC
Event Cd : OSTR
BRIAN L YUNG filed
ARTHUR ERIC NEU filed
BRIAN L YUNG filed
DAVIN C CURTISS filed
CHRISTOPHER LLOYD LOW filed
BETH E HANSEN filed
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Notice ID: 2RCV31
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS LLC,
Plaintiff,
vs.
KRUDICO INC, Defendant.
Case No. 02811 LACV019373
ORDER SETTING HEARING
The Defendant has filed a Motion to Compel. A hearing will now be scheduled.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. A Hearing is scheduled on 12/30/2013 at 10:30 AM at the Sac Co. Courthouse,
100 NW State St., Sac City, Iowa.
2. If counsel desire, they may participate in this hearing via telephone conference
call, which call is to be initiated and paid for by the Defendant. For that purpose, the
Court may be reached at 712-662-7419.
If you need assistance to participate in court due to a disability, call the disability coordinator at
641-421-0990. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942).
Disablity coordinators cannot provide legal advice.
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State of Iowa Courts
Case Number Case TitleLACV019373 DESIGN TANKS LLC VS KRUDICO INCType: ORDER SETTING HEARING
So Ordered
Electronically signed on 2013-12-05 10:32:26
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KLASS LAW FIRM, 2L.L.P.
Chip Lowe
Howe, Cunningham & Lowe2824- 104th Street
Urbandale, IA 50322-4655
A. Eric Neu721 N. Main Street
Box 367
Carroll, IA 51401
Davin C. Curtiss
700 Locust St., Suite 200P.O. Box 559
Dubuque, IA 52004-0599
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the
above cause to each of the attorneys of recordherein at their respective addresses disclosed
on the pleading on ____December 20________, 2013
By: _____ U.S. Mail ______ Facsimile
_____ Hand delivered ______ Overnight courier
_____ Other _________ ___X___ ECF
Signature ___________________________________
E-FILED 2013 DEC 20 4:29 PM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
L.L.P.
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
DESIGN TANKS, LLC,
Plaintiff,
vs.
KRUDICO, INC.,
Defendant.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
KRUDICO, INC.,
Third Party Plaintiff,
vs.
CITY OF MANCHESTER, TSCHIGGFRIE
EXCAVATING CO., AND AL COOK D/B/AAL'S ELECTRICAL SERVICE,
Third Party Defendant,
NO. LACV019373
THIRD PARTY DEFENDANT AL
COOK D/B/A ALS ELECTRICAL
SERVICES DESIGNATION OF
EXPERTS
COMES NOW Third Party Defendant, Al Cook d/b/a Als Electrical Service, and
designates the following as expert witnesses whom he may call at the trial in this case:
1. Robert P. Boesel, Technical Investigations, Inc., 1695 Valentine Ave., St.Paul, MN 55112.
2. Third Party Defendant reserves the right to call any of the experts designatedby any other party in this action.
E-FILED 2014 JAN 13 11:46 AM SAC - CLERK OF DISTRICT COURT
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KLASS LAW FIRM,
L.L.P.
Respectfully submitted,
Brian L. Yung #AT0008665
KLASS LAW FIRM, L.L.P.Mayfair Center, Upper Level
4280 Sergeant Road, Suite 290
Sioux City, IA [email protected]
WWW.KLASSLAW.COM
712/252-1866712/252-5822 fax
ATTORNEYS FOR THIRD PARTY
DEFENDANT AL COOK D/B/A ALSELECTRICAL SERVICE
Copy to:
Christopher L. Low
2536 73rd StreetDes Moines, IA 50322
A. Eric Neu
721 N. Main StreetBox 367
Carroll, IA 51401
Beth Hansen
Swisher & Cohrt, P.L.S.528 W. 4th Street
Waterloo, IA 50704-1200
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the
above cause to each of the attorneys of recordherein at their respective addresses disclosed
on the pleading on __ 201
By: _____ U.S. Mail ______ facsimile
_____ Hand delivered ______ Overnight courier_____ Other __________ __X____ ECF
Signature ___________________________________
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E-FILED 2014 MAR 05 3:27 PM SAC - CLERK OF DISTRICT COURT
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E-FILED 2014 MAR 06 3:48 PM SAC - CLERK OF DISTRICT COURT