modified support order - drcv018854

8/13/2019 Modified Support Order - DRCV018854

1/95


2/95


3/95


4/95


5/95


6/95


7/95


8/95


9/95


10/95


11/95


12/95


13/95


14/95


15/95


16/95


17/95


18/95


19/95


20/95


21/95


22/95


23/95


24/95


25/95


26/95


27/95


28/95


29/95


30/95


31/95


32/95


33/95


34/95


35/95


36/95


37/95


38/95


39/95


40/95


41/95


42/95


43/95


44/95


45/95


46/95


47/95


48/95


49/95


50/95


51/95


52/95


53/95


54/95


55/95


56/95


57/95


58/95


59/95


60/95


61/95


62/95

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


63/95



64/95

IN THE IOWA DISTRICT COURT FOR SAC COUNTY______________________________

)MICHAEL McDONOUGH, )

)

Petitioner, ) No. DRC!"##$%)&'. )

)NICOLE WENDEL, ) ORDER

)Re'(onent. )

______________________________)

ORDER

IT IS ORDERED, *ec+'e o- te n+&+i/+*i/it0 o-

te Cort, +n te +*'ence o- + '*'titte, te tri+/ in

te +*o&e c+'e i' CONTINUED.

Te Cort A1ini'tr+tor '+// re'ce/e te

tri+/ in te ne2t +&+i/+*/e Tri+/ A''i3n1ent.

C/er4 to -rni' co(ie' to5

R0+n Gr+&ettC+ To1('on6on S+n0Cort A1ini'tr+tion



65/95

State of Iowa Courts

Type: OTHER ORDER

Case Number Case Title

DRCV018854 MICHAEL MCDONOUGH VS. NICOLE WENDEL

So Ordered

Electronically signed on 2013-04-30 10:46:18 page 2 of 2



66/95

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

MICHAEL C MCDONOUGH ,

Plaintiff / Petitioner,

vs.NICOLE LEIGH TOFT ,

Defendant / Respondent.

Notice of Civil Trial Setting Conference

Case No: 02811 DRCV018854

A scheduling conference will be held on 05/13/13 at 10:00 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 APR 30 1:17 PM SAC - CLERK OF DISTRICT COURT


67/95

pro se.



68/95

Case ID : 02811 DRCV018854 - MICHAEL MCDONOUGH VS. NICOLEWENDEL

Event Cd : OFTN

RYAN R. GRAVETT filed

CHAD C THOMPSON filed

JOHN LAWRENCE SANDY filed



69/95

Notice Id: 2CA101

IOWA DISTRICT COURT FOR SAC COUNTY






Trial Notice

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

1 Day Mod/ Visitation/ SupportDiscovery Due 60 days prior to trial

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

Clerk to provide copies or noticeof this document to attorneys of record,parties appearing pro se andassigned judge.

Docket Code = OSTR

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


70/95

Case ID : 02811 DRCV018854 - MICHAEL MCDONOUGH VS. NICOLE

WENDEL

Event Cd : OSTR




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


71/95

Notice Id: 2CA101







Amended Trial Notice


1 Day Mod/Visitation/Support


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


72/95

Case ID : 02811 DRCV018854 - MICHAEL MCDONOUGH VS. NICOLEWENDEL

Event Cd : OSTR




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


73/95

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

MICHAEL MCDONOUGH, ))

Plaintiff, ) No. DRCV!""#$

)V%. ) ORDER)

NICOLE WENDEL, ))

D&f&n'ant. )

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.

ated this 1!th day of September, 2013.

"ler# to provide copies to$%yan &ravett'ohn Sandy

"ourt (dministrator

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


74/95


Type: OTHER ORDER



So Ordered


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


75/95

IN THE IOWA DISTRICT COURT FOR CARROLL COUNTY

MICHAEL MCDONOUGH, ))

Petitioner, ) No. DRCV0!!"#

)V$. ) ORDER)

NICOLE WENDEL, ))

Re$%on&ent. )

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 ovember 1!, 2013, at "#30 a.m. to e$plain why they have

failed to comply with this court%s Order of September 1&, 2013.

Cler' to provide copies to#(yan )ravett

*ohn SandyCourt +dministrator

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


76/95


Type: OTHER ORDER



So Ordered


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


77/95

2RCV12IN THE IOWA DISTRICT COURT FOR SAC COUNTY


Plaintiff,


Defendant.

Case No. 02811 DRCV018854

COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM

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

Appearances:For Plaintiff/Petitioner: GravettFor 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 Procedure1.903(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 courtreporter who, by order of the Court, reported the same, do hereby certify that the above and foregoingis the report of the whole proceedings upon the trial and/or hearing of the above-entitled cause madeand taken pursuant to the order and direction of the Court, in accordance with Iowa Code Section624.10. /s/Tara Gibson _________________________________________

1 of 2

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


78/95


Case Number Case TitleDRCV018854 MICHAEL MCDONOUGH VS. NICOLE WENDELType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered

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

2 of 2



79/95



Plaintiff,vs.NICOLE LEIGH TOFT ,

Defendant.


EXHIBIT LIST

Status hearingNovember 18, 2013

Presiding Judge: Gary McMinimee

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

Respondent's Exhibits

1. Stipulation and agreement2. Text messages

1 of 2

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


80/95


Case Number Case TitleDRCV018854 MICHAEL MCDONOUGH VS. NICOLE WENDELType: EXHIBIT LIST

So Ordered


2 of 2



81/95

Notice ID: 2RCV02



PETITIONER,

vs.

NICOLE LEIGH TOFT ,

RESPONDENT.

Case No. 02811 DRCV018854

O R D E R

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, at9:30 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 orhis 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 wasreported settled prior to the trial date and the trial was canceled. On September 17, 2013, this Courtordered 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 therenever was a settlement of this case. There were agreements regarding what the attorneys consideredthe 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 fortrial.

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

1 of 3



82/95

3. In the event the issue of attorney fees are an issue in this modification, this court finds thatsubstantial fees were saved by the failure of Petitioner's attorney to be personally present at theNovember 18, 2013 hearing.CLERK TO FURNISH COPIES TO:Counsel of RecordCourt Administrator

2 of 3



83/95


Case Number Case TitleDRCV018854 MICHAEL MCDONOUGH VS. NICOLE WENDELType: OTHER ORDER

So Ordered


3 of 3



84/95

Notice Id: 2CA101







Trial Notice


1 Day Mod/Visit/SupportDiscovery 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

Docket Code = OSTR



85/95

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


86/95



87/95

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


88/95



89/95

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 Children2. Family Affairs Certificate of Completion3. Goalgetters Soccer Schedule4. Child Support Worksheet5. Text Messages dated January 23, 20136. Text Messages dated October 16, 20137. Woodbury County Sheriffs Office Report8. Medical Expenses Jan Dec 20139. Medical Expenses 2012

Respectfully Submitted,

/s/John L. Sandy

SANDY LAW FIRM, P.C.

304 18thStreet, P.O. Box 445Spirit Lake, IA 51360Ph: (712) 336-5588

Email: [email protected]

ATTORNEY FOR DEFENDANT



90/95



91/95


92/95



93/95



94/95


MICHAEL MCDONOUGH, NO.: DRCV018854

Pla!"##,

$%. ORDER ADOPTING STIPULATIONAND AGREEMENT

NICOLE WENDEL,

D&!'a!".

NOW, (! ")% *+' 'a- (# a!/a-, *014, ")& a"&% S"/la"(! a!' A2&&3&!" (3&%

(& ")& C(/", a!' ")& C(/" &!2 #/ll- a'$%&' ! ")& &3%&%, FINDS:

1. T)a" ")% 3a""& % (&l- (& ")& C(/".*. T)a" ")& C(/" )a% 6/%'"(! (# ")% 3a""&.IT IS THEREFORE ORDERED, ADUDGED AND DECREED ")a" ")& a""a)&'

S"/la"(! a!' A2&&3&!" %2!&' - ")& Pla!"## a!' ")& D&!'a!" a% 7&ll a% ")& &%&"$&

(/!%&l, %)all & a'("&' - ")% C(/" a!' "% ($%(!% %)all & ")& O'& (# ")& C(/".



95/95


Type: OTHER ORDER



So Ordered



modified support order - drcv018854

Documents