john drilling vs henry horst - eqcv019458 - copy

8/13/2019 John Drilling vs Henry Horst - Eqcv019458 - Copy

1/51


2/51

E-FILED 2013 AUG 27 10:53 AM SAC - CLERK OF DISTRICT COURT


3/51



4/51



5/51

E-FILED 2013 SEP 03 1:01 PM SAC - CLERK OF DISTRICT COURT


6/51



7/51



8/51



9/51

IN THE IOWA DISTRICT COURT OF IOWA IN AND FOR SAC COUNTY

*

JOHN DRILLING, * EQCV019458

Pl!"#!$$, ** ORDER SETTING HEARING

%& * AND PRESCRI'INGHENRY HORST, * NOTICE

*

D($(")"#& *

*

Pl!"#!$$ + (-.(+#() " !//()!#( H(!" " !+ (-.(+# $ T(/23

I"."#!"& T( C.# $!")+ ## H(!" +.l) 6( "#()&

IT IS HERE'Y ORDERED ## #!+ /##( +ll /( 6($( #( C.# " #(

74# )3 $ S(2#(/6(, 701 # 70 :l; 2&/& !" #( .#/ !" #( .#.+( !"

S C!#3, S C."#3, I


10/51

State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

EQCV019458 JOHN DRILLING VS. HENRY HORST

So Ordered

Electronically signed on 2013-09-05 08:14:24 page 2 of 2

E-FILED 2013 SEP 05 8:14 AM SAC - CLERK OF DISTRICT COURT


11/51



12/51



13/51



14/51



15/51



16/51



17/51



18/51



19/51



20/51



21/51



22/51



23/51



24/51



25/51

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

JOHN R DRILLING ,

PLAINTIFF(S),

vs.

HENRY HORST , DEFENDANT(S).

Case No. 02811 EQCV019458

O R D E R

A hearing in the above case has been set for September 24, 2013. The file now reflects

that a cross-petition has been filed, which adds several new parties, who have not yet

been served.

Accordingly, the following Order is entered.

IT IS ORDERED that the hearing set for September 24, 2013, is CONTINUED and

reschedueld for Monday, October 21, 2013, at 10:00 a.m. One hour has been allotted

for the hearing.

CLERK TO FURNISH COPIES TO:Counsel of Record

Pro Se Parties

1 of 2



26/51


Case Number Case TitleEQCV019458 JOHN DRILLING VS. HENRY HORST

Type: OTHER ORDER

So Ordered

Electronically signed on 2013-09-23 11:47:29

2 of 2



27/51



28/51

E-FILED 2013 OCT 02 8:34 AM SAC - CLERK OF DISTRICT COURT


29/51



30/51



31/51



32/51



33/51



34/51



35/51

E-FILED 2013 OCT 18 3:14 PM SAC - CLERK OF DISTRICT COURT


36/51

E-FILED 2013 OCT 18 3:14 PM SAC - CLERK OF DISTRICT COURT


37/51



38/51



39/51

IOWA DISTRICT COURT FOR SAC COUNTY

JOHN DRILLING, ))

Plaintiff, )

vs. ))HENRY HORST, )

)Dfn!ant. ) N". E#C$%&'(*

+++++++++++++++++++++++++++++++++++++++++++++ O!HENRY HORST, )

T-i!+Pat Plaintiff, )$s. )

)DENNIS WER/0EISTER an! )ERIN E. 01CULLOUGH, !232a )LAW OFFICES OF ERIN E. )01CULLOUGH, )

T-i!+Pat Dfn!ants. )

T- 1a4ti"n! 5att 6as st f" -ain7 "n t-is !at. C"8nsl

N44 -as fil! a 0"ti"n f" C"ntin8an1. T- C"8t is inf"5! 3 att"n

Ja5s $an D9 t-at n1ssa 4atis -av n"t 3n sv! in a11"!an1 6it-

stat8t. As a 1"ns:8n1, t-is 5att s-all 3 1"ntin8!.

IT IS THEREFORE ORDERED t-at -ain7 is 1"ntin8! t"

December 2, 2013 at 11:00 a.m.

Clerk to forward copies to:Allen NepperJames R. Van Dyke



40/51


Type: OTHER ORDER

Case Number Case Title

EQCV019458 JOHN DRILLING VS. HENRY HORST

So Ordered

Electronically signed on 2013-10-21 09:55:00 page 2 of 2



41/51

Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY

JOHN R DRILLING ,

Plaintiff / Petitioner,

vs.

HENRY HORST ,

Defendant / Respondent.

Notice of Trial Setting Conference

Case No: 02811 EQCV019458

A scheduling conference will be held on 11/21/13 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 appearingpro se.

E-FILED 2013 NOV 08 10:30 AM SAC - CLERK OF DISTRICT COURT


42/51

Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY

JOHN R DRILLING ,


vs.

HENRY HORST ,


Notice of Trial Setting Conference


A scheduling conference will be held on 11/21/13 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 appearingpro se.



43/51


44/51

E-FILED 2013 NOV 08 12:21 PM SAC - CLERK OF DISTRICT COURT


45/51


COME NOWthe Third-party Defendants, Dennis Werkmeister and Erin E. McCullough

d/b/a The Law Offices of Erin E. McCullough, and in support of the above-captioned motion

state as follows:

1. On August 27, 2013, the Plaintiff, John Drilling, filed a petition in equity againstHenry Horst, seeking a temporary and permanent injunction enjoining Horst from constructing a

common-fence on his property pursuant to a building permit issued by the Lake View CityCouncil.

2. Horst responded by filing an answer denying the allegations of the petition and by

filing a cross-petition against Werkmeister and McCullough seeking indemnification from them.

3. The cross-petition fails to state a claim upon which any relief may be granted.

See Iowa R. Civ. P. 1.421(1)(f); McNally & Nimergood v. Neumann-Kiewit Constructors, Inc.,

648 N.W.2d 564, 570 (Iowa 2002) (In the absence of a duty imposed by law to indemnify

another, there is no right to indemnification unless derived from a contract.).

4. Werkmeister and McCullough request the Court to set this matter for hearing andupon hearing, grant their motion and dismiss the cross-petition.

WHEREFORE the Third-party Defendants request the Court to set this matter for

hearing and upon hearing, grant their motion and dismiss the cross-petition and for such otherand further relief as the Court deems just and equitable in the premises.

JOHN DRILLING,

Plaintiff,

vs.

HENRY HORST,Defendant.

__________________________________

HENRY HORST,Third-party Plaintiff,

vs.

DENNIS WERKMEISTER and ERINE. McCULLOUGH, d/b/a LAW

OFFICES OF ERIN E.

McCULLOUGH,Third-party Defendants.

No. EQCV019458

MOTION TO DISMISS



46/51

/s/ Gina C. Badding

Gina C. Badding AT0000499 for

NEU,MINNICH,COMITO &NEU,P.C.721 N. Main Street

P.O. Box 367

Carroll, Iowa 51401(712) 792-3508(712) 792-3563 (fax)

[email protected]

ATTORNEYS FOR THIRD-PARTYDEFENDANTS

CERTIFICATE OF SERVICE

I hereby certify that on November 20, 2013, I electronically filed the foregoing with the Clerk of Court

using the EDMS system, which will send notification of such filing to the following:Allen Nepper

James R. Van Dyke

/s/ Gina C. Badding

Gina C. Badding



47/51


COMES NOW, Gina C. Badding for NEU,MINNICH,COMITO &NEU,P.C.and enters

the firms appearance for the Third-party Defendants, Dennis Werkmeister and Erin E.

McCullough d/b/a The Law Offices of Erin E. McCullough, in the above-titled case.

/s/ Gina C. Badding

Gina C. Badding AT0000499 forNEU,MINNICH,COMITO &NEU,P.C.721 N. Main Street

P.O. Box 367

Carroll, Iowa 51401

(712) 792-3508(712) 792-3563 (fax)

[email protected]

ATTORNEYS FOR THIRD-PARTYDEFENDANTS

JOHN DRILLING,

Plaintiff,

vs.

HENRY HORST,Defendant.

__________________________________

HENRY HORST,Third-party Plaintiff,

vs.

DENNIS WERKMEISTER and ERINE. McCULLOUGH, d/b/a LAW

OFFICES OF ERIN E.

McCULLOUGH,Third-party Defendants.

No. EQCV019458

APPEARANCE



48/51

CERTIFICATE OF SERVICE

I hereby certify that on November 20, 2013, I electronically filed the foregoing with the Clerk of Court

using the EDMS system, which will send notification of such filing to the following:

Allen Nepper

James R. Van Dyke

/s/ Gina C. Badding

Gina C. Badding



49/51

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

JOHN R DRILLING ,


vs.HENRY HORST ,



Trial Notice

The above entitled matter is hereby scheduled for non-jury trial on 05/07/14 at 09:00 AM .

1 Day InjunctionDiscovery Due 60 days prior to trial

/s/ Kellie Orres ----------------------------------- Designee of the Court

Clerk to provide copies or notice

of this document to attorneys of record,parties appearing pro se and

judge if assigned

Docket Code = OSTR



50/51

Notice ID: 2RCV31


JOHN R DRILLING ,

Plaintiff,

vs.

HENRY HORST , Defendant.

Case No. 02811 EQCV019458

ORDER SETTING HEARING

The Third Party Defendants have filed a Motion to Dismiss. A hearing will now be

scheduled.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1. A Hearing is scheduled on 12/02/2013 at 11:00 AM at the Sac Co. Courthouse,

100 NW State St., Sac City, Iowa.

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



51/51


Case Number Case TitleEQCV019458 JOHN DRILLING VS. HENRY HORSTType: ORDER SETTING HEARING

So Ordered

Electronically signed on 2013-11-21 14:35:18


john drilling vs henry horst - eqcv019458 - copy

Documents