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E-FILED 2014 NOV 12 4:58 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 12 4:58 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 12 4:58 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 21 12:48 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 DEC 24 11:35 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


EMILY HOAGLUND,
Plaintiff,

Law No.:

LACV 019570

v.
EDWARD WRIGHT and ZEITNER &
SONS, INC.,

APPEARANCE

Defendant.

COMES NOW, the undersigned, and hereby enters his Appearance in the above
matter.

LAW OFFICES OF DANIEL HANSON

BY:___/s/ James W. Bryan________


James W. Bryan AT0009456
7131 Vista Drive
West Des Moines, IA 50266
Telephone: 515-221-3661
Facsimile: 515-221-3665
Email: jbryan@travelers.com
ATTORNEYS FOR DEFENDANTS,
EDWARD WRIGHT and
ZEITNER & SONS, INC.
Original filed.
Copy to:
Frank Cosgrove
705 Douglas Street
Ste. 318 Hanson Bldg.
Sioux City, IA 51101
Thaddeus Cosgrove
102. N. Main
P.O. Box 50
Holstein, IA 51025-0050
ATTORNEYS FOR PLAINTIFF

PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon
all parties to the above cause to each at the attorneys of record herein at
their respective addresses disclosed on the pleadings on
_________Dec 24___________________, 2014.
By:
U.S. Mail
FAX
Hand Delivery
Overnight
Courier
Certified Mail
Other:
X
E-mail/E-File
Signature:

James W. Bryan

E-FILED 2015 FEB 03 3:05 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


EMILY J HOAGLUND ,
Plaintiff / Petitioner,
Notice of Trial Setting Conference
vs.
Case No: 02811 LACV019570
EDWARD MERLE WRIGHT JR
ZEITNER AND SONS INC
,

Defendant / Respondent.
A scheduling conference will be held on 02/18/15 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)).
If this matter was filed on or after January 1, 2015, and is not exempt as per Iowa Court Rule 1.500(1)(e), then
prior to the trial-setting conference, the parties must file a Trial Scheduling and Discovery Plan, Iowa Court Rule
23.5-Form 2.

/s/ Kellie Orres


--------------------------------------Designee of the Court
Clerk to provide copies or
notice of document to attorneys
of record and parties appearing

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pro se.

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RETURN OF SERVICE
POTTAWATTAMIE COUNTY SHERIFFS DEPARTMENT
STATE OF IOWA
POTTAWATTAMIE COUNTY
Docket No. 15000732
Court Case No: LACV019570
Originating Court: Sac

I certify that on this 1/26/2015 in the case of


Plaintiff
EMILY HOAGLUND

VS.
Defendant
EDWARD WRIGHT AND ZEITNER & SONS, INC

ORIGINAL NOTICE & PETITION came into my hands and that on the 2/2/2015 4:29 PM, I served a true copy on,
EDWARD WRIGHT, at 22651 BEVERLY HILLS LANE COUNCIL BLUFFS, IA 51503 , which was his/her dwelling house or
usual place of abode by delivering the copy to KAREN WRIGHT (WIFE), a person residing therein who is at least 18
years old.

Note:
Mileage Fee ($7.00)
Processing Fee ($15.00)
Total: $22.00
Paid by: COSGROVE LAW FIRM

Jefferey D. Danker
SHERIFF OF POTTAWATTAMIE COUNTY
BY
KURT FERGUSON, Deputy
Subscribed in my presence and sworn to before me
this Wednesday, February 04, 2015

Notary Public

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E-FILED 2015 FEB 06 2:23 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT


FOR SAC COUNTY
*
*
CIVIL NUMBER LACV019570
EMILY J. HOAGLUND,
*
*
*
PLAINTIFF
*
*
ORDER ON
VS.
*
MOTION TO EXTEND TIME FOR
*
SERVICE OF ORIGINAL NOTICE
EDWARD MERLE WRIGHT, JR. &
*
& PETITION PURSUANT TO IOWA
ZEITNER & SONS, INC.,
*
RULE OF CIVIL PROCEDURE 1.302(5)
DEFENDANTS
*
*
****************************************************
This matter comes before the Court upon Plaintiffs filing of a Motion to Extend Time for
Service of Original Notice and Petition Pursuant to Iowa Rule of Civil Procedure 1.302(5).
The Court being duly advised in the premises finds for good cause shown, that the
Plaintiff shall be allowed an additional 90 days to serve the non-resident corporation Defendant,
Zeitner & Sons, Inc. by serving a clerk employee of the corporation in accordance with Iowa
Rule of Civil Procedure 1.305(7) or to complete service pursuant to Iowa Code 321.498 et. Seq.

SO ORDERED.

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State of Iowa Courts


Type:

OTHER ORDER

Case Number
LACV019570

Case Title
EMILY HOAGLUND VS EDWARD WRIGHT & ZEITNER & SONS
So Ordered

Electronically signed on 2015-02-06 14:23:39

page 2 of 2

E-FILED 2015 FEB 12 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


EMILY HOAGLUND,
Law No.:

Plaintiff,

LACV 019570

v.
EDWARD WRIGHT and ZEITNER &
SONS, INC.,

DEFENDANTS
ANSWER AND JURY DEMAND

Defendant.

COME NOW, the Defendants, EDWARD WRIGHT and ZEITNER & SONS, INC.,
and in answer to each respective numbered paragraph in Plaintiffs Petition, state as
follows:
1.

Denied for lack of knowledge.

2.

Denied for lack of knowledge.

3.

Denied for lack of knowledge.

4.

Denied for lack of knowledge.

5.

Admitted.

6.

Admitted.

7.

Denied as to all sub-parts a-g.

8.

Denied.

9.

Denied as to all sub-parts a-e.

10.

Denied for lack of knowledge.

WHEREFORE, Defendants, EDWARD WRIGHT and ZEITNER & SONS, INC.,


prays that the Plaintiffs Petition be dismissed, at Plaintiffs cost.
AFFIRMATIVE DEFENSES
Further, the defendants assert the following defenses and states:

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1. Plaintiffs comparative fault may serve to reduce her recovery or bar her
recovery completely.
2. Any comparative fault of the Plaintiff may include a failure to mitigate her
damages to the extent they exist.
WHEREFORE, Defendants, EDWARD WRIGHT and ZEITNER & SONS, INC.,
prays that the Plaintiffs Petition be dismissed, at Plaintiffs cost.
JURY DEMAND
Defendant requests a trial by jury.

LAW OFFICES OF DANIEL HANSON

BY:___/s/ James W. Bryan________


James W. Bryan AT0009456
7131 Vista Drive
West Des Moines, IA 50266
Telephone: 515-221-3661
Facsimile: 515-221-3665
Email: jbryan@travelers.com
ATTORNEYS FOR DEFENDANTS,
EDWARD WRIGHT and
ZEITNER & SONS, INC.
Original filed.
Copy to:
Frank Cosgrove
705 Douglas Street
Ste. 318 Hanson Bldg.
Sioux City, IA 51101
Thaddeus Cosgrove
102. N. Main
P.O. Box 50
Holstein, IA 51025-0050
ATTORNEYS FOR PLAINTIFF

PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon
all parties to the above cause to each at the attorneys of record herein at
their respective addresses disclosed on the pleadings on
_________Feb 22___________________, 2015.
By:
U.S. Mail
FAX
Hand Delivery
Overnight
Courier
Certified Mail
Other:
X
E-mail/E-File
Signature:

James W. Bryan

E-FILED 2015 FEB 12 9:50 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


EMILY HOAGLUND,
Law No.:

Plaintiff,

LACV 019570

v.
EDWARD WRIGHT and ZEITNER &
SONS, INC.,

DEFENDANTS
ANSWER AND JURY DEMAND

Defendant.

COME NOW, the Defendants, EDWARD WRIGHT and ZEITNER & SONS, INC.,
and in answer to each respective numbered paragraph in Plaintiffs Petition, state as
follows:
1.

Denied for lack of knowledge.

2.

Denied for lack of knowledge.

3.

Denied for lack of knowledge.

4.

Denied for lack of knowledge.

5.

Admitted.

6.

Admitted.

7.

Denied as to all sub-parts a-g.

8.

Denied.

9.

Denied as to all sub-parts a-e.

10.

Denied for lack of knowledge.

WHEREFORE, Defendants, EDWARD WRIGHT and ZEITNER & SONS, INC.,


prays that the Plaintiffs Petition be dismissed, at Plaintiffs cost.
AFFIRMATIVE DEFENSES
Further, the defendants assert the following defenses and states:

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1. Plaintiffs comparative fault may serve to reduce her recovery or bar her
recovery completely.
2. Any comparative fault of the Plaintiff may include a failure to mitigate her
damages to the extent they exist.
WHEREFORE, Defendants, EDWARD WRIGHT and ZEITNER & SONS, INC.,
prays that the Plaintiffs Petition be dismissed, at Plaintiffs cost.
JURY DEMAND
Defendant requests a trial by jury.

LAW OFFICES OF DANIEL HANSON

BY:___/s/ James W. Bryan________


James W. Bryan AT0009456
7131 Vista Drive
West Des Moines, IA 50266
Telephone: 515-221-3661
Facsimile: 515-221-3665
Email: jbryan@travelers.com
ATTORNEYS FOR DEFENDANTS,
EDWARD WRIGHT and
ZEITNER & SONS, INC.
Original filed.
Copy to:
Frank Cosgrove
705 Douglas Street
Ste. 318 Hanson Bldg.
Sioux City, IA 51101
Thaddeus Cosgrove
102. N. Main
P.O. Box 50
Holstein, IA 51025-0050
ATTORNEYS FOR PLAINTIFF

PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served upon
all parties to the above cause to each at the attorneys of record herein at
their respective addresses disclosed on the pleadings on
_________Feb 22___________________, 2015.
By:
U.S. Mail
FAX
Hand Delivery
Overnight
Courier
Certified Mail
Other:
X
E-mail/E-File
Signature:

James W. Bryan

E-FILED 2015 FEB 12 11:50 AM SAC - CLERK OF DISTRICT COURT

2RCV01

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

EMILY J HOAGLUND ,
PLAINTIFF(S),
vs.
EDWARD MERLE WRIGHT JR
ZEITNER AND SONS INC
,

Case No. 02811 LACV019570

ORDER

DEFENDANT(S).

Plaintiff has filed a motion to extend the time for service and the Court FINDS that the
motion should be granted for the reasons stated therein.
IT IS THEREFORE ORDERED that Plaintiff's motion to extend time for service is
granted and the Plaintiff shall be allowed until May 12, 2015 to obtain service of original
notice and petition upon the Defendant, Zeitner and Sons Inc.

CLERK TO FURNISH COPIES TO:


Counsel of Record
Pro Se Plaintiff
Pro Se Defendant

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E-FILED 2015 FEB 12 11:50 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
LACV019570
Type:

Case Title
EMILY HOAGLUND VS EDWARD WRIGHT & ZEITNER &
SONS
OTHER ORDER
So Ordered

Electronically signed on 2015-02-12 11:50:16

2 of 2

E-FILED 2015 FEB 18 3:17 PM SAC - CLERK OF DISTRICT COURT

Notice Id: 2CA004

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


EMILY J HOAGLUND ,
Plaintiff / Petitioner,
Notice of Trial Setting Conference
vs.
Case No: 02811 LACV019570
EDWARD MERLE WRIGHT JR
ZEITNER AND SONS INC
,

Defendant / Respondent.
A scheduling conference will be held on 03/17/15 at 09:00 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)).
If this matter was filed on or after January 1, 2015, and is not exempt as per Iowa Court Rule 1.500(1)(e), then
prior to the trial-setting conference, the parties must file a Trial Scheduling and Discovery Plan, Iowa Court Rule
23.5-Form 2.

/s/ Kellie Orres


--------------------------------------Designee of the Court
Clerk to provide copies or
notice of document to attorneys
of record and parties appearing

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pro se.

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Notice Id: 2CA010


IOWA DISTRICT COURT FOR SAC COUNTY
Trial Scheduling Order
EMILY J HOAGLUND
Case No : 02811 LACV019570
Plaintiff(s),
Date Petition Filed : 11/12/14
vs.
Case Type :
EDWARD MERLE WRIGHT JR
ZEITNER AND SONS INC

Civil

Trial Type : Jury


Expected Length of Trial : 3 Days

Defendant(s).

The amount in controversy exceeds $10,000 : Yes


Nature of Case : Personal Injury

APPEARANCES:
Plaintiff(s)/Petitioner(s) : Thad Cosgrove
Defendant(s)/Respondent(s) : James Bryan
IT IS SO ORDERED:
TRIAL : Trial of this case is set for trial on 01/26/16 at 09:00 AM in the District Court in the courthouse
of the above-named county.
PRE-TRIAL CONFERENCE
A pre-trial conference shall be held on The conference may be held telephonically with prior
approval 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 be
filed 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 depositions
shall 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 to
the court and all other parties the expert's name, subject matter of expertise and qualifications, within
the following time period, unless the Iowa Code requires an earlier designation (See, e.g. Iowa Code
668.11):
(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 the
trial date or affect the date for pre-trial submissions.)

PRE-TRIAL SUBMISSIONS. At least seven (7) days before trial, counsel for the parties and selfrepresented litigants shall:
a. File a witness and exhibit list with the clerk, serve a copy on opposing counsel and selfrepresented 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 identify
each 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 of
evidence.
(3) In non-jury cases, immediately before commencement of trial, the court shall be provided with
a 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 file
with the clerk, and serve on each party, any identification, authentication, and foundation objections to
the exhibits listed; otherwise such objections shall be deem WAIVED for trial purposes.
b. File with the clerk, and deliver to the Trial Judge, Motions in Limine, with supporting legal
authority.
c. File with the clerk, and deliver to the Trial Judge, all proposed jury instructions in a form to be
presented to the jury, including a statement of the case, the stock jury instruction numbers and verdict
forms. (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 brief
addressing 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, shall
be 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 court
administrator of settlement.
LATE SETTLEMENT FEES. Late settlement fees under Iowa Rule of Civil Procedure 1.909 are
applicable.
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 is
continued, all time deadlines in this order and stipulated amendments shall remain in effect relative to
the 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 : 02/23/15
/s/ Kellie Orres
________________________________
Judge of the District Court/Court Designee
Original filed with the Clerk of Court
Copies to: counsel of record/self-represented litigants/assigned judge.

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