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E-FILED 2013 APR 25 10:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 25 10:56 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 10:46 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY ______________________________

 

)

MICHAEL McDONOUGH,

)

)

Petitioner,

)

No. DRCV018854

)

vs.

)

)

NICOLE WENDEL,

)

ORDER

)

Respondent.

)

)

______________________________

ORDER

IT IS ORDERED, because of the unavailability of

the Court, and the absence of a substitute, the trial in

the above case is CONTINUED.

The Court Administrator shall reschedule the

trial in the next available Trial Assignment.

Clerk to furnish copies to:

Ryan Gravett Chad Thompson John Sandy Court Administration

E-FILED 2013 APR 30 10:46 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 APR 30 10:46 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Type:

OTHER ORDER

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

So Ordered

E-FILED 2013 APR 30 10:46 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

Electronically signed on 2013-04-30 10:46:18

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E-FILED 2013 APR 30 1:17 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

 

Plaintiff / Petitioner,

Notice of Civil Trial Setting Conference

vs.

Case No: 02811 DRCV018854

NICOLE LEIGH TOFT ,

Defendant / Respondent.

A scheduling conference will be held on 05/13/13 at 10:00 AM with Kellie Orres, as District Court Designee, 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 party

who is not represented by counsel shall contact the Court Administrator's office (at the above phone number) prior to the date and time of the conference call.

  • 2. TRIAL SCHEDULING: A firm trial date shall be established in accordance with the Supreme

Court's time standards as provided by Chapter 23, Iowa Court Rules. NO CONTINUANCES SHALL BE GRANTED EXCEPT BY COURT ORDER, UPON GOOD CAUSE SHOWN.

  • 3. SANCTIONS: If a party or attorney fails to participate in the scheduling conference or is

substantially unprepared to participate in the conference, the Court may impose appropriate

sanctions, including reasonable expenses and attorney fees. (I.R.C.P 1.602(5)).

Clerk to provide copies or notice of document to attorneys of record and parties appearing

/s/ Kellie Orres

---------------------------------------

Designee of the Court

E-FILED 2013 APR 30 1:17 PM SAC - CLERK OF DISTRICT COURT

pro se.

Case ID :

Event Cd :

02811 DRCV018854 - MICHAEL MCDONOUGH VS. NICOLE WENDEL

E-FILED 2013 APR 30 1:17 PM SAC - CLERK OF DISTRICT COURT

OFTN

RYAN R. GRAVETT CHAD C THOMPSON JOHN LAWRENCE SANDY

filed

filed

filed

E-FILED 2013 MAY 14 2:06 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

 

Plaintiff / Petitioner,

Case No: 02811 DRCV018854

vs.

Trial Notice

NICOLE LEIGH TOFT ,

Defendant / Respondent.

The above entitled matter is hereby scheduled for non-jury trial on 09/25/13 at 09:00 AM .

1 Day Mod/ Visitation/ Support Discovery Due 60 days prior to trial

Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and assigned judge.

/s/ Kellie Orres

-----------------------------------

Designee of the Court

Docket Code = OSTR

Case ID :

02811 DRCV018854 - MICHAEL MCDONOUGH VS. NICOLE WENDEL

E-FILED 2013 MAY 14 2:06 PM SAC - CLERK OF DISTRICT COURT

Event Cd : OSTR

RYAN R. GRAVETT

filed

CHAD C THOMPSON

filed

JOHN LAWRENCE SANDY

filed

E-FILED 2013 JUN 21 2:53 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

 

Plaintiff / Petitioner,

Case No: 02811 DRCV018854

vs.

Amended Trial Notice

NICOLE LEIGH TOFT ,

Defendant / Respondent.

The above entitled matter is hereby scheduled for non-jury trial on 09/13/13 at 09:00 AM .

1 Day Mod/Visitation/Support

Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and judge if assigned

/s/ Kellie Orres

-----------------------------------

Designee of the Court

Docket Code = OSTR

Case ID :

02811 DRCV018854 - MICHAEL MCDONOUGH VS. NICOLE WENDEL

E-FILED 2013 JUN 21 2:53 PM SAC - CLERK OF DISTRICT COURT

Event Cd : OSTR

RYAN R. GRAVETT

filed

CHAD C THOMPSON

filed

JOHN LAWRENCE SANDY

filed

E-FILED 2013 SEP 17 10:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL MCDONOUGH,

)

)

Plaintiff,

)

No. DRCV018854

)

Vs.

)

ORDER

)

NICOLE WENDEL,

)

)

Defendant.

)

The trial of the above-captioned matter was set for September 13, 2013. The case was reported settled.

ORDER

IT IS THEREFORE ORDERED that the parties shall submit their stipulation and proposed order for approval by October 1, 2013.

Dated this 17th day of September, 2013.

Clerk to provide copies to:

Ryan Gravett John Sandy Court Administrator

E-FILED 2013 SEP 17 10:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 SEP 17 10:20 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Type:

OTHER ORDER

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

So Ordered

E-FILED 2013 SEP 17 10:20 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

Electronically signed on 2013-09-17 10:20:03

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E-FILED 2013 OCT 04 2:48 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR CARROLL COUNTY

MICHAEL MCDONOUGH,

)

)

Petitioner,

)

No. DRCV018854

)

Vs.

)

ORDER

)

NICOLE WENDEL,

)

)

Respondent.

)

This matter was set for trial to commence September 13, 2013. The case was reported settled. This Court directed that the parties submit their stipulation and proposed order for approval by October 1, 2013. The parties have failed to do so.

ORDER

IT IS THEREFORE ORDERED that the parties shall appear with their attorneys on November 18, 2013, at 9:30 a.m. to explain why they have failed to comply with this court’s Order of September 17, 2013.

Clerk to provide copies to:

Ryan Gravett John Sandy Court Administrator

E-FILED 2013 OCT 04 2:48 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 OCT 04 2:48 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Type:

OTHER ORDER

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

So Ordered

E-FILED 2013 OCT 04 2:48 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

Electronically signed on 2013-10-04 14:48:02

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E-FILED 2013 NOV 18 9:54 AM SAC - CLERK OF DISTRICT COURT

2RCV12

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

 

Plaintiff,

Case No. 02811 DRCV018854

vs.

NICOLE LEIGH TOFT ,

COURT REPORTER MEMORANDUM AND CERTIFICATE

Defendant.

COURT REPORTER MEMORANDUM (The court reporter shall file this memorandum with the district court clerk.)

Appearances:

For Plaintiff/Petitioner: Gravett For Defendant/Respondent: Sandy Other:

Information required by Iowa Rule of Civil Procedure 1.903(3):

I, Tara Gibson, am providing the following information as required by Iowa Rule of Civil Procedure

1.903(3):

  • 1. The type of proceeding that was reported: Status hearing

  • 2. The date(s) on which the proceeding occurred: November 18, 2013

  • 3. The name of the court reporter who reported the proceeding: Tara Gibson

  • 4. The name of the judge who presided over the proceeding: Gary McMinimee

  • 5. The reporting fee for the proceeding: $40.00

  • 6. We, the undersigned judge before whom the above-entitled case was tried, and the official court

reporter who, by order of the Court, reported the same, do hereby certify that the above and foregoing

is the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause made and taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section

624.10.

/s/Tara Gibson _________________________________________

E-FILED 2013 NOV 18 9:54 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 18 9:54 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

Type:

COURT REPORTER MEMORANDUM AND CERTIFICATE

Electronically signed on 2013-11-18 09:54:19

So Ordered

E-FILED 2013 NOV 18 9:54 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

E-FILED 2013 NOV 19 12:58 PM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

Case No: 02811 DRCV018854

Plaintiff,

EXHIBIT LIST

vs.

Status hearing November 18, 2013

NICOLE LEIGH TOFT ,

Presiding Judge: Gary McMinimee

Defendant.

The following exhibits were offered and admitted by the Court at the hearing as shown above:

Respondent's Exhibits

  • 1. Stipulation and agreement

  • 2. Text messages

E-FILED 2013 NOV 19 12:58 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 12:58 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

Type:

EXHIBIT LIST

Electronically signed on 2013-11-19 12:58:27

So Ordered

E-FILED 2013 NOV 19 12:58 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

E-FILED 2013 NOV 19 2:11 PM SAC - CLERK OF DISTRICT COURT

Notice ID: 2RCV02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

 

Case No. 02811 DRCV018854

PETITIONER,

vs.

O R D E R

NICOLE LEIGH TOFT ,

RESPONDENT.

This matter came on for hearing on November 18, 2013, pursuant to this Court's order of October 4, 2013, in which it ordered "that the parties shall appear with their attorneys on November 18, 2013, at 9:30 a.m. to explain why they have failed to comply with this Court's Order of September 17, 2013". Respondent appeared with her attorney John Sandy. Petitioner's attorney, Brian Gravett, phoned the Court and represented that it was his understanding of the order that it was not necessary for him or his client to "personally" appear. Petitioner was not present personally or by phone.

On June 21, 2013, this case was set for trial to commence September 13, 2013. The case was reported settled prior to the trial date and the trial was canceled. On September 17, 2013, this Court ordered that the parties "submit their stipulation and proposed order for approval by October 1, 2013". When that did not occur, this Court entered its October 4, 2013 order.

Based on listening to the attorneys on November 18, 2013, it is apparent to this Court that there never was a settlement of this case. There were agreements regarding what the attorneys considered the major issues but there were other issues that were not agreed upon and those unresolved issues were the reason the parties did not sign a stipulation. Accordingly, this matter will have to be reset for trial.

IT IS THEREFORE ORDERED:

  • 1. The Court Administrator shall conduct a trial setting conference in this case.

  • 2. It is suggested that the Court Administrator bring this matter to the attention of any judge who is

giving consideration to canceling a trial date based upon the representation by either of the attorneys involved in this matter that the case has been settled.

E-FILED 2013 NOV 19 2:11 PM SAC - CLERK OF DISTRICT COURT

3. In the event the issue of attorney fees are an issue in this modification, this court finds that substantial fees were saved by the failure of Petitioner's attorney to be personally present at the November 18, 2013 hearing.

CLERK TO FURNISH COPIES TO:

Counsel of Record Court Administrator

E-FILED 2013 NOV 19 2:11 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 NOV 19 2:11 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

Type:

OTHER ORDER

Electronically signed on 2013-11-19 14:11:11

So Ordered

E-FILED 2013 NOV 19 2:11 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

E-FILED 2013 NOV 20 10:16 AM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL C MCDONOUGH ,

 

Plaintiff / Petitioner,

Case No: 02811 DRCV018854

vs.

Trial Notice

NICOLE LEIGH TOFT ,

Defendant / Respondent.

The above entitled matter is hereby scheduled for non-jury trial on 01/22/14 at 09:00 AM .

1 Day Mod/Visit/Support Discovery Due 30 days prior to trial

Clerk to provide copies or notice of this document to attorneys of record, parties appearing pro se and judge if assigned

/s/ Kellie Orres

-----------------------------------

Designee of the Court

Docket Code = OSTR

E-FILED 2014 JAN 18 10:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 18 10:01 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 20 2:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 20 2:17 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 21 4:26 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

MICHAEL MCDONOUGH,

:

Case No. DRCV018854

Plaintiff,

:

vs.

:

DEFENDANTS EXHIBIT LIST

NICOLE WENDEL,

:

Defendant.

:

COMES NOW, Defendant and submits the following list of proposed exhibits:

  • 1. Family Affairs Strategies for Parents of Elementary Aged Children

  • 2. Family Affairs Certificate of Completion

  • 3. Goalgetters Soccer Schedule

  • 4. Child Support Worksheet

  • 5. Text Messages dated January 23, 2013

  • 6. Text Messages dated October 16, 2013

  • 7. Woodbury County Sheriffs Office Report

  • 8. Medical Expenses Jan Dec 2013

  • 9. Medical Expenses 2012

Respectfully Submitted,

/s/John L. Sandy SANDY LAW FIRM, P.C. 304 18 th Street, P.O. Box 445 Spirit Lake, IA 51360 Ph: (712) 336-5588 Email: jlsandy@sandylawpractice.com ATTORNEY FOR DEFENDANT

E-FILED 2014 JAN 23 9:23 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 9:23 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 9:23 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 9:23 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 11:20 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL MCDONOUGH,

NO.: DRCV018854

Plaintiff,

vs.

ORDER ADOPTING STIPULATION AND AGREEMENT

NICOLE WENDEL,

Defendant.

NOW, on this 23rd day of January, 2014, the parties’ Stipulation and Agreement comes

before the Court, and the Court being fully advised in the premises, FINDS:

  • 1. That this matter is properly before the Court.

  • 2. That the Court has jurisdiction of this matter.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the attached

Stipulation and Agreement signed by the Plaintiff and the Defendant as well as their respective

counsel, shall be adopted by this Court and its provisions shall be the Order of the Court.

E-FILED 2014 JAN 23 11:20 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 11:20 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Type:

OTHER ORDER

Case Number

Case Title

DRCV018854

MICHAEL MCDONOUGH VS. NICOLE WENDEL

So Ordered

E-FILED 2014 JAN 23 11:20 AM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

Electronically signed on 2014-01-23 11:20:15

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