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

    E-FILED 2013 APR 22 9:54 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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    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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    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

    E-FILED 2013 MAY 08 9:24 AM SAC - CLERK OF DISTRICT COURT

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    pro se.

    E-FILED 2013 MAY 08 9:24 AM SAC - CLERK OF DISTRICT COURT

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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 .

    E-FILED 2013 MAY 22 10:42 AM SAC - CLERK OF DISTRICT COURT

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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.

    E-FILED 2013 MAY 22 10:42 AM SAC - CLERK OF DISTRICT COURT

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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.

    E-FILED 2013 MAY 22 10:42 AM SAC - CLERK OF DISTRICT COURT

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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

    E-FILED 2013 AUG 12 2:58 PM SAC - CLERK OF DISTRICT COURT

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    E-FILED 2013 NOV 27 8:11 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 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.

    1 of 2

    E-FILED 2013 DEC 05 10:32 AM SAC - CLERK OF DISTRICT COURT

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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

    2 of 2

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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 ___________________________________

    E-FILED 2014 JAN 13 11:46 AM SAC - CLERK OF DISTRICT COURT

    4January 13

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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