alchemist usa llc admits the violations alleged
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In the Iowa District Court in and for SAC County
Case No: 02811 CVCV019387 Title: STATE OF IA EX REL IA DNR VS.
ALCHEMIST USA LLC
NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.
New rules apply to electronically filed cases.
Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining
to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at
https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand
and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to
the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website.Your registration constitutes your request for, and consent to, electronic service of court-generated documents
and documents filed electronically by other parties. When you have completed your registration, you can begin
filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of
exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption
from registering and filing electronically.You must protect private information when using EDMS.
Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System
specifies personal information that is now considered protected by the court, as well as what you must do to
keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.
Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have
questions about court procedures related to electronic filing, contact your county clerk of court office.
E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT
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We look forward to your comments and suggestions
as we implement electronic filings in the Iowa Courts
In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files
to electric documentsAdministrative Order
Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an
electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document
Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending
files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:
1. Each Clerk of Court may take action to convert paper case files that are pending and will likely
appear on a future court schedule as soon as implementation of EDMS begins in their respective
counties.
2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in
each case type. Upon implementation of electronic filing in the County, the security level of
these electronic records shall be as identified by the EDMS Business Advisory Committee.
3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties
appearing pro se.
4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to
protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in thatcase.
5. After being notified of commencement of the electronic filing in that County, attorneys, parties
appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010
/s/ Kurt L. Wilke
Kurt L. Wilke, Chief Judge of the Second
Judicial District of Iowa
E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT
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Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS.
ALCHEMIST USA LLC
Event Cd : NOOT
MARK CLANCY FELDMANN filed
E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT
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In the Iowa District Court in and for SAC County
Case No: 02811 CVCV019387 Title: STATE OF IA EX REL IA DNR VS.
ALCHEMIST USA LLC
NOTICE REGARDING ELECTRONIC FILINGThis case has been converted to an electronic case by Order of the Court.
New rules apply to electronically filed cases.
Because your case has been converted to an electronic case, it is now governed by Chapter 16 Rules Pertaining
to the Use of the Electronic Document Management System.What is required of you?You must register to use the Electronic Document Management System (EDMS).
If you haven't already registered, please log on to the Iowa Judicial Branch eFiling website at
https://www.iowacourts.state.ia.us/EFile to register.You are required to have a current e-mail account for use with EDMS. Registration requires you to understand
and agree to comply with the rules that govern electronic filing, contained the Chapter 16 Rules Pertaining to
the use of the Electronic Document Management System, available on the Iowa Judicial Branch eFiling website.Your registration constitutes your request for, and consent to, electronic service of court-generated documents
and documents filed electronically by other parties. When you have completed your registration, you can begin
filing and viewing documents on your case and receiving notifications of filings, and events.EXCEPTIONS: For good cause, the court may authorize you to submit a document in paper. Upon showing of
exceptional circumstances, the chief judge of the district in which a case is pending may grant you an exemption
from registering and filing electronically.You must protect private information when using EDMS.
Division VI of Chapter 16 Rules Pertaining to the Use of the Electronic Document Management System
specifies personal information that is now considered protected by the court, as well as what you must do to
keep protected personal information out of the public documents you eFile.Training and technical support are available for EDMS.
Technical support for the Iowa Judicial Branch eFiling website is available at 1-877-369-8324. If you have
questions about court procedures related to electronic filing, contact your county clerk of court office.
E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT
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We look forward to your comments and suggestions
as we implement electronic filings in the Iowa Courts
In The Iowa District Court for the Second Judicial DistrictIn re the conversion of paper files
to electric documentsAdministrative Order
Iowa Court Rule 16.102 authorizes a chief judge to order the conversion of paper court files to an
electronic file of any case not subject to the Rules Pertaining to the Use of the Electronic Document
Management System (EDMS). It is in the best interest of all for the Court to have access via EDMS to pending
files that exist at the time a county clerk of court office implements EDMS. Accordingly:It is so Ordered that:
1. Each Clerk of Court may take action to convert paper case files that are pending and will likely
appear on a future court schedule as soon as implementation of EDMS begins in their respective
counties.
2. The Clerk shall work with the local Court to identify specific documents that are to be scanned in
each case type. Upon implementation of electronic filing in the County, the security level of
these electronic records shall be as identified by the EDMS Business Advisory Committee.
3. The Clerk shall send the Notice Regarding Electronic Filing to the attorneys and parties
appearing pro se.
4. Once notified, counsel of record or parties appearing pro se shall apply the rules pertaining to
protection of personal privacy (Iowa Ct.R.16.602 through 16.607) to all future filings in thatcase.
5. After being notified of commencement of the electronic filing in that County, attorneys, parties
appearing pro se and all other shall file all future filings on that case electronically.It is so Ordered:Dated 3rd day of November, 2010
/s/ Kurt L. Wilke
Kurt L. Wilke, Chief Judge of the Second
Judicial District of Iowa
E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT
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Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS.ALCHEMIST USA LLC
Event Cd : NOOT
MARK CLANCY FELDMANN filed
E-FILED 2013 SEP 16 3:20 PM SAC - CLERK OF DISTRICT COURT
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IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, ex rel., IOWA )DEPARTMENT OF NATURAL )RESOURCES, )
)Plaintiff, ) No. CVCV019387)
vs. ) Order)
ALCHEMIST USA LLC, d/b/a FUEL )MART EXPRESS and ADVANCE )REALTY INVESTMENTS, LLC, )
)Defendant. )
Trial in the captioned matter has been set for October 30, 2013.
Counsel for the Plaintiff has filed a Motion to Continue. All parties consent to a
continuance. The Court finds just cause for the continuance.
ORDER
ACCORDINGLY, IT IS THE ORDER OF THIS COURT that the trial
scheduled for October 30, 2013 is hereby continued. The Court Administrator
shall reassign this matter for trial after consultation with counsel.
Clerk to forward copies to:David S. StewardMark C. FeldmannKusum BhardwajCourt Administration(nat)
E-FILED 2013 OCT 10 11:01 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: OTHER ORDER
Case Number Case Title
CVCV019387 STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC
So Ordered
Electronically signed on 2013-10-10 11:01:14 page 2 of 2
E-FILED 2013 OCT 10 11:01 AM SAC - CLERK OF DISTRICT COURT
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Notice Id: 2CA004IN THE IOWA DISTRICT COURT FOR SAC COUNTY
IOWA DEPARTMENT OF NATURALRESOURCESSTATE OF IOWA EX REL,
Plaintiff / Petitioner,
vs.
ADVANCE REALTY INVESTMENTS LLCALCHEMIST USA LLCFUEL MART EXPRESS,
Defendant / Respondent.
Notice of Trial Setting Conference
Case No: 02811 CVCV019387
A scheduling conference will be held on 10/28/13 at 09:30 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)).
E-FILED 2013 OCT 14 11:43 AM SAC - CLERK OF DISTRICT COURT
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/s/ Kellie Orres---------------------------------------Designee of the Court
Clerk to provide copies ornotice of document to attorneysof record and parties appearingpro se.
E-FILED 2013 OCT 14 11:43 AM SAC - CLERK OF DISTRICT COURT
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Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS.ALCHEMIST USA LLC
Event Cd : OFTN
ADVANCE REALTY INVESTMENTSLLC
filed
ADVANCE REALTY INVESTMENTSLLC
filed
MARK CLANCY FELDMANN filed
DAVID S STEWARD filed
E-FILED 2013 OCT 14 11:43 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 15 10:16 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 15 10:16 AM SAC - CLERK OF DISTRICT COURT
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E-FILED 2013 OCT 15 10:16 AM SAC - CLERK OF DISTRICT COURT
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IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, ex rel., IOWA
DEPARTMENT OF NATURAL
RESOURCES,
Plaintiff,
vs.
ALCHEMIST USA LLC d/b/a FUEL
MART EXPRESS and ADVANCE
REALTY INVESTMENTS, LLC,
Defendants.
)
)
))
)
)
)
)
)
)
)
)
)
NO. CVCV019387
CONSENT ORDER, JUDGMENT AND
DECREE
AGAINST ALCHEMIST USA LLC
The Court is presented with Plaintiff's Amended and Substituted Petition seeking civil
penalties, administrative penalties and injunctive relief pursuant to Iowa Code sections 455B.477(1)
and (3). The Court has reviewed the file and being advised by the parties FINDS:
1. The Court has jurisdiction over the parties and the subject matter of this action andthe parties consent to entry of this Consent Order, Judgment and Decree.
2. Defendant Alchemist USA LLC (Alchemist) admits the violations alleged inPlaintiff=s Petition.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
3. Alchemist shall pay thirteen thousand and no/100 dollars ($13,000.00) of theadministrative penalties assessed by Administrative Order No. 2010-UT-04 and Administrative
Order No. 2011-UT-01. Alchemist shall pay the penalties within ten (10) days of entry of this
Consent Order, Judgment and Decree. Alchemist shall pay interest pursuant to Iowa Code section
535.3(1) on any unpaid balance.
E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT
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2
4. Payment of the penalties and interest referred to in paragraph three above shall bemade payable to the State of Iowa and sent to Plaintiffs attorney, David S. Steward, at the address
noted below.
5. Alchemist is permanently enjoined from further violations of 567 Iowa Admin. Code135.15(1)Ab@, Administrative Order No. 2010-UT-04, and Administrative Consent Order No. 2011-
UT-01.
6. Willful failure to comply with the terms of this Order may subject Alchemist topunishment for contempt of court as well as other penalties and sanctions provided by law. The
Court, therefore, retains jurisdiction over this matter to ensure compliance with the terms of this
Order.
7. The costs of this action are taxed to Alchemist in the amount of $180.00.
DATED this day of , 2013.
____________________________________
JUDGE, Second Judicial District of Iowa
E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT
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3
Approved as to form:
IOWA DEPARTMENT OF
NATURAL RESOURCES
_______________________________
CHUCK GIPP, DIRECTOR
THOMAS J. MILLER
Attorney General of Iowa
DAVID R. SHERIDANAssistant Attorney General
______________________________
DAVID S. STEWARD, AT0007551
Assistant Attorney General
Lucas State Office Building
321 E. 12th Street
Ground Floor, Room 18
Des Moines, IA 50319Phone: (515) 281-5351
Fax: (515) 242-6072
Email: [email protected]
ATTORNEYS FOR PLAINTIFF
ALCHEMIST USA LLC
______________________________________
RAVINDER SINGH, MEMBER
______________________________
MARK C. FELDMANNBeving, Swanson & Forrest, P.C.
321 E. Walnut, Suite 200
Des Moines, IA 50309
Phone: 515-237-1182
FAX: 515-288-9409
Email: [email protected]
ALCHEMIST USA LLC
E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT
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State of Iowa Courts
Type: STIPULATED DECREE
Case Number Case Title
CVCV019387 STATE OF IA EX REL IA DNR VS. ALCHEMIST USA LLC
So Ordered
Electronically signed on 2013-10-16 08:59:53 page 4 of 4
E-FILED 2013 OCT 16 8:59 AM SAC - CLERK OF DISTRICT COURT