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Rulings and Orders

Pretrial Rulings

Ruling and Order (Summary Judgment), Clinton County, Iowa v. City of Clinton, Iowa, No. LACV048956 (Iowa Dist. Ct. Clinton Co.) (Jeffrey Bert, Dist. Ct. Judge) July 11, 2024

Order Denying Motion to Transfer Venue, America’s Best Remodeling, LLC v. Lexington East Unit One Owners’ Association, No. LACV115207 (Iowa Dist. Ct. Dubuque Co.) (David Nelmark, Dist. Ct. Judge) Apr. 2, 2024

Ruling on Motion for Summary JudgmentAsbury Senior Living, LLC et al. v. Stelpflug et al., No. LACV114360 (Iowa Dist. Ct. Dubuque Co.) (John Telleen, Dist. Ct. Judge) March 11, 2024

Order re: Defendant’s Motion to Dismiss and Plaintiffs’ Motion to Strike, Brauns v. Born, No. EQCE135927 (Iowa Dist. Ct. Scott Co.) (Lawrence McLellan, Dist. Ct. Judge) January 23, 2024

Ruling and Order on Motions for Summary Judgment, Waterloo Community School District v. Employers Mutual Casualty Co., No. LACL149796 (Iowa Dist. Ct. Polk Co.) (Jeffrey Bert, Dist. Ct. Judge) Jan. 31, 2023

Order Granting Plaintiffs’ Motion to Enlarge and Denying Plaintiffs’ Motion to ReconsiderFox Prairie Plaza Investors, LLC et al. v. Walters Companies, Inc., No. LACL149071 (Iowa Dist. Ct. Polk Co.) (David Nelmark, Dist. Ct. Judge) Jan. 12, 2023

Ruling on Motions in LimineMark Vagts et al. v. Northern Natural Gas Company, No. LACV055970 (Iowa Dist. Ct. Fayette Co.) (David Nelmark, Dist. Ct. Judge) Jan. 5, 2023

Ruling on Plaintiff’s Motion for Partial Summary Judgment and Defendant’s Motion for Summary Judgment, Heartland Co-op v. Nationwide Agribusiness Insurance Company, No. LACL152428 (Iowa Dist. Ct. Polk Co.) (Jeffrey Bert, Dist. Ct. Judge) December 29, 2022

Order Granting Motion for Summary JudgmentFox Prairie Plaza Investors, LLC et al. v. Walters Companies, Inc., No. LACL149071 (Iowa Dist. Ct. Polk Co.) (David Nelmark, Dist. Ct. Judge) Nov. 15, 2022

Supplemental Order Regarding Pre-Trial Deadlines, Heishman v. Farm Credit Services of America, PCA, No. LALA002592 (Iowa Dist. Ct. Poweshiek Co.) (David Nelmark, Dist. Ct. Judge) July 29, 2022

Ruling on Plaintiff’s Motion for Partial Summary Judgment, Rupert v. Elplast America, Inc., No. CVCV096902 (Iowa Dist. Ct. Scott Co.) (John Telleen, Dist. Ct. Judge) June 17, 2022

Order Denying Both Cross-Motions for Temporary Injunctions, Abdel-Malek v. Malum, Inc., et al., No. LACV099329 (Iowa Dist. Ct. Linn Co.) (David Nelmark, Dist. Ct. Judge) June 15, 2022

Ruling on Plaintiffs’ Motion for Temporary Injunction, Appointment of Receiver, and Constructive Trust, Baxter v. Houser, No. LACV082894 (Iowa Dist. Ct. Johnson Co.) (Jeffrey Bert, Dist. Ct. Judge) March 16, 2022

Ruling on Defendants’ Motion to Discharge Receiver, RSS COMM2015-CCRE27-DE WMC, LLC v. WC MRP Des Moines Center, LLC, et al., No. EQCE087096 (Iowa Dist. Ct. Polk Co.) (John Telleen, Dist. Ct. Judge) Mar. 10, 2022

Order Denying Class Certification, Chicoine v. Wellmark, Inc., No. CVCV050638 (Iowa Dist. Ct. Polk Co.) (Sarah Crane, Dist. Ct. Judge) Jan. 18, 2022

Ruling on Defendant’s Motion to Dismiss, Schwartz v. Community 1st Credit Union, No. LALA106300 (Iowa Dist. Ct. Wapello Co.) (John Telleen, Dist. Ct. Judge) Nov. 16, 2021

Ruling on Defendant’s Motion to Dismiss, Mason v. Dubuque Bank & Trust Co., No. LACV111838 (Iowa Dist. Ct. Dubuque Co.) (John Telleen, Dist. Ct. Judge) Nov. 4, 2021

Ruling on Defendant’s Motion to Dismiss or Stay and Compel Arbitration, Minner v. Greenstate Credit Union, No. LACV082393 (Iowa Dist. Ct. Johnson Co.) (John Telleen, Dist. Ct. Judge) Sept. 2, 2021

Order Re: Defendant’s Motion to Dismiss, Luna Savings Bank v. Federal Home Loan Bank of Des Moines, No. EQCE085919 (Iowa Dist. Ct. Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge) April 6, 2021

Ruling on Defendant’s Motion to Dismiss, Welbes v. Dutrac Community Credit Union, No. LACV110634 (Iowa Dist. Ct. Dubuque Co.) (John Telleen, Dist. Ct. Judge) March 1, 2021

Order Re: Cross-Defendant’s Motion to Dismiss, Bankers Trust Co. v. 5th Walnut Parking LLC, et at., No. EQCE086198 (Iowa Dist. Ct. Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge) Jan. 8, 2021

Order Re: Motions to Dismiss, Meade v. EMC Insurance Group INC., et at., No. LACL146098 (Iowa Dist. Ct. Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge) Dec. 23, 2020

Ruling on Defendant’s Motion to Dismiss, Razavi v. Green State Credit Union, No. LACV081674 (Iowa Dist. Ct. Johnson Co.) (John Telleen, Dist. Ct. Judge) Dec. 7, 2020

Order Re: Partial Motion to Dismiss, Luna Savings Bank v. Federal Home Loan Bank of Des Moines, No. EQCE085919 (Iowa Dist. Ct. Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge) Oct. 6, 2020

Order Re: Plaintiff’s Cross-Motion for Summary Judgment and Defendant’s Motion for Summary Judgment, EMC Insurance Group, Inc. v. Gregory M. Shepard, No. LACL146273 (Iowa Dist. Ct. Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge) Apr. 5, 2020 

Ruling on Plaintiffs’ Motion for Partial Summary Judgment on Counts I and III, Michael Walz, et al. v. Feeder Creek Energy, LLC, et al., No. EQCV10637 (Iowa Dist. Ct. Clayton Co.) (John Telleen, Dist. Ct. Judge) Nov. 4, 2019

Order Re: Petition for Expedited Relief Compelling Inspection of Books and Records, Gregory M. Shepard v. EMC Insurance Group, Inc., No. CVCV058747 (Iowa Dist. Ct. Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge) Sept. 10, 2019

Ruling & Order on Plaintiff’s Motion to Strike Jury Demand, BGA Management, LLC v. Lundeen, No. CVCV019693 (Iowa Dist. Ct. Hancock Co.) (John Telleen, Dist. Ct. Judge) April 11, 2019

Ruling on Combined Motion for Leave to Serve Discovery and Motion to Compel Response, Winger Contracting Co. v. Cargill Inc., et al., No. EQEQ009184 (Iowa Dist. Ct. Monroe Co.) (John Telleen, Dist. Ct. Judge) January 11, 2019

Ruling and Order on Third-Party Defendant Motion for Summary Judgment, Winger Contracting Co., et al. v. Cargill Inc., et al., Eq. No. EQEQ009184 (Iowa Dist. Ct. Monroe Co.) (John Telleen, Dist. Ct. Judge) Nov. 20, 2018

Ruling and Order on Defendant’s Motion for Summary Judgment, Warehouse Trust, LLC, v. Thompson Masonry, Inc., No. LACV 106102 (Iowa Dist. Ct. Dubuque Co.) (John Telleen, Dist. Ct. Judge) Jan. 9, 2018

Ruling and Order on Defendants’ Pre-Answer Motion to Dismiss, REG Washington, LLC v. Iowa Renewable Energy, LLC, et al., No. EQCE 128952 (Iowa Dist. Ct. Scott Co.) (John Telleen, Dist. Ct. Judge) Sept. 27, 2017

Combined Ruling on Winger Contracting Co.’s Motion for Partial Summary Judgment and Lemartec Engineering & Construction’s Motion for Partial Summary Judgment and Cargill, Inc.’s Cross-Motion for Partial Summary Judgment Against Winger Contracting Co. and Cargill Inc.’s Cross-Motion for Summary Judgment Against Lemartec Engineering, Winger Contracting Co. v. Cargill, Inc., et al., No. EQEQ 009184 and Tracer Construction, LLC. v. Cargill, Inc., et al., No. EQEQ 009228 (consolidated into EQEQ 009184) (Iowa Dist. Ct. Monroe Co.) (John Telleen, Dist. Ct. Judge) Apr. 20, 2017 

Ruling on Plaintiffs’/Counterclaim Defendants’ Motion for Summary Judgment on Defendants’/Counterclaim Plaintiffs’ Counterclaim Count II, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan. 19, 2017

Order Dismissing Count X, Busse et al. v. Busse et al. No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan. 19, 2017

Ruling on Third Party Defendant Busse Investments, Inc.’s Motion for Partial Summary Judgment, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan 19, 2017

Ruling on Defendants Jeffrey Busse and Lavern Busse’s Second Motion for Partial Summary Judgment, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan. 12, 2017

Ruling on Defendants Busse Financial Advisors, LLC; AB BI Note Limited Partnership; Lavern T. Busse and Audrey Busse Foundations’ Motions for Summary Judgment on Counts V, VI, IX, and XIII, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan. 10, 2017

Ruling on Defendants Jeffrey Busse and Lavern Busse’s Motion for Partial Summary Judgment, No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan 5, 2017

Ruling on Pretrial Motions, Jerry Dovico, et al. v. Valley View Swine, et al., No. LALA 105144, Division A (Iowa Dist. Ct. Wapello Co.) (Annette Scieszinski, Dist. Ct. Judge) June 8, 2016

Ruling on Pretrial Motions, Jerry Dovico, et al. v. Valley View Swine, et al. [tried as Pauls, et al. v. Warren et al.], No. LALA 105144, Division C (Iowa Dist. Ct. Wapello Co.) (Annette Scieszinski, Dist. Ct. Judge) Jan 9, 2016

Ruling on Motion for Summary Judgment, Promat Technical Services v. FLSMIDTH, Sioux City, et al. No. LACV 152295 (Iowa District Ct. Woodbury Co.) (John Telleen, Dist. Ct. Judge) June 4, 2015

Findings of Fact and Conclusions of Law

Findings of Facts, Conclusions of Law, and Judgment, Cornlan Farm, Inc. et al. v. Gannon, as administrator of the Estate of Gannon, No. GQCV123136 (Iowa Dist. Ct. Jasper Co.) (Lawrence McLellan, Dist. Ct. Judge) Nov. 30, 2024

Findings of Fact, Conclusions of Law and Judgment Entry, Colosimo v. Colosimo and A&R Environmental, LLC, No. LACL146374 (Iowa Dist. Ct. Polk Co.) (John Telleen, Dist. Ct. Judge) Aug. 17, 2021

Findings of Fact, Conclusions of Law and Judgment, Calkins v. Brandt, et al., No. EQCE 081752 (Iowa Dist. Ct. Polk Co.) (Lawrence McLellan, Dist. Ct. Judge) Jan. 26, 2019

Ruling and Order on Petition for Review of Increased Trustee Fee, In the Matter of the LTB 2002 Irrevocable trust, et al., Probate No. TRPR039102 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) Jan. 23, 2018

Findings of Fact, Conclusions of Law, and Judgment Entry, LoriAnn Busse and Lisa Caprentier v. Maureen Kenney and Lavern and Audry Busse Dynasty Trust et al., No. EQCV 083014 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) June 14, 2017

Findings of Fact, Conclusions of Law, and Judgment Entry, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen Dist. Ct. Judge) May 22, 2017

Findings of Fact and Conclusions of Law, William Van Horn et al, v. Van Horn Farms, Inc., et al., No. LACV039149 (Iowa Dist. Ct. Carroll Co.) (Michael Huppert, Dist. Ct. Judge) Feb. 8, 2017 

Declaratory Ruling on Probate Fees, In the Matter of Willenborg, No. TRPR 027914/ESPR 044243 (Iowa Dist. Ct. Dubuque Co.) (Annette Scieszinski, Dist. Ct. Judge) Dec. 30, 2016

Declaratory Ruling, In the Matter of Willenborg, No. TRPR 027914/ESPR 044243 (Iowa Dist. Ct. Dubuque Co.) (Annette Scieszinski, Dist. Ct. Judge) Apr. 13, 2016

Findings of Fact, Conclusions of Law, and Judgment Entry, Dale Goettsch, et al. v. Thomas Goettsch, et al., No. EQVC015164 (Iowa Dist. Ct., Ida Co.) (John Telleen, Dist. Ct. Judge) Feb. 3, 2015

Posttrial Rulings

Ruling and Judgment on Plaintiff’s Application for Attorneys’ Fees and Costs, Southern Disaster Recovery, LLC v. City of Marion, Iowa, No. LACV098830 (Iowa Dist. Ct. Linn Co.) (John Telleen, Dist. Ct. Judge) May 1, 2023

Ruling on Post-Trial MotionsMark Vagts et al. v. Northern Natural Gas Company, No. LACV055970 (Iowa Dist. Ct. Fayette Co.) (David Nelmark, Dist. Ct. Judge) Mar. 8, 2023

Order re: Motion for Attorney Fees, Expenses of Counsel and Experts and Defendants’ Motion to Enlarge or Amend, Russell Calkins, III v. Donald Brandt, et al., No. EQCE081752 (Iowa Dist. Ct., Polk Co.) (Lawrence P. McLellan, Dist. Ct. Judge), June 28, 2019 

Ruling and Order on Financial Advisors, et al., Attorney’s Fees, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen Dist. Ct. Judge) Oct. 23, 2017

Ruling on Post-Judgment Issues, Including Sanctions Amount, In the Matter of Willenborg, No. TRPR 027914/ESPR 044243 (Iowa Dist. Ct. Dubuque Co.) (Annette Scieszinski, Dist. Ct. Judge) Oct. 16, 2016

Ruling and Order on Busses’ Attorney’s Fees, Busse, et al. v. Busse, et al., No. LACV 083022 (Iowa Dist. Ct. Linn Co.) (John Telleen Dist. Ct. Judge) Sep. 6, 2017

Order on Motion for Reconsideration and Order on Motion to Enlarge and Amend, Pauls, et al. v. JBS Live Pork, No. LALA 105144, Division C (Iowa Dist. Ct. Wapello Co.) (Annette Scieszinski, Dist. Ct. Judge) June 2, 2016

Order on Post-Trial Rulings, In the Matter of Willenborg, No. TRPR 027914/ESPR 044243 (Iowa Dist. Ct. Dubuque Co.) (Annette Scieszinski, Dist. Ct. Judge) June 1, 2016

Order on Post-Verdict Motions and Judgment Entry, Jerry Dovico, et al. v. Valley View Swine, et al. [tried as Pauls, et al. v. Warren et al.], No. LALA 105144, Division C (Iowa Dist. Ct. Wapello Co.) (Annette Scieszinski, Dist. Ct. Judge) Apr. 20, 2016

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