Alchemist USA LLC Admits the Violations Alleged

7/27/2019 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



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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



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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.



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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



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Case ID : 02811 CVCV019387 - STATE OF IA EX REL IA DNR VS.ALCHEMIST USA LLC

Event Cd : NOOT




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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



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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)).



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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.



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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


DAVID S STEWARD filed



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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.



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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



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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

mailto:[email protected]:[email protected]


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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


Documents

Alchemist USA LLC Admits the Violations Alleged