Order: Christopher M Pogue v. Money Flow Incorporated, Aarron W Suggs, Donna Rockeyet al

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                                STATE OF INDIANA                    )
                                                                           IN    THE ALLEN SUPERIOR COURT

COUNTY OF ALLEN                     )                                      CAUSE NO. 02DO9—2008—PL—000346


CHRISTOPHER M. POGUE,                                                      CASE MANAGEMENT ORDER and
      Plaintiff,
VS.                                                                        NOTICE TO MEDIATOR AND PARTIES

MONEY FLOW,
INCORPORATED, AARON W.
SUGGS, DONNA ROCKEY,                      VVVVVVVVVVVVV




THE ROCK TAVERN a/k/a
THE ROCK, HOWARD
JOHNSON,     III.   APRIL FINK and
ROBERT KARN,
      Defendant.



1.    Case Management Conference conducted.

2.    The   parties stipulate to subject matter jurisdiction          and personal jurisdiction.

3.    This matter     is   ordered to mediation. Kevin Fitzharris           is   appointed mediator.

4.    This case shall be tried to a Jury by agreement of the parties and by Order of this court.

5.    The  Pre—Trial Conference is scheduled for September 13, 2021 at 9:00 a.m. If this matter has not
      gone through mediation, the Pre—Trial Conference shall be considered a Status Hearing and no trial
      settings will be given.


6.    Unless the party is pro se, each party shall be represented at the Conference by at least one attorney
      who will be actively participating in the trial of the action. The attorney attending the Conference shall
      have authority to bind the party for effective participation in the Conference for all purposes.

7.    Each party is ordered file a Statement              of Contentions   and Preliminary   List of   Witnesses and Exhibits
      on or before September 7, 2021.


                                        NOTICE TO MEDIATOR AND PARTIES

 1.   Kevin Fitzharris has been selected as mediator               in the above—captioned cause         by the Court pursuant
      to Alternative       Dispute Resolution Rule 2.5.

2.    The mediator         shall:


      A. Inform the parties of the anticipated cost of mediation.
      B. Define and describe the process of mediation to the parties.
      C. Notify the parties at least ten (10) days in advance of a time, date, and location of the place                for
         mediation unless the parties agree t0 a shorter time period.

3.                                              With settlement authority, and other individuals necessary
      A11 parties, their attorneys, representatives
                         disputed issues shall be present at each mediation conference unless excused by
      for full resolution of
      the Court. The Mediator shall not have authority to excuse any of the parties, attorneys, or
      representatives.

4.    Mediation sessions are not open t0 the public.

 5.   At least 7 days prior to the mediation conference, the attorney for each side shall submit to the
      mediator a confidential statement of the case not to exceed 10 pages. It shall include:
      A The    legal and factual contentions of the respective parties as to both liability and damages;
      B.   The factual and legal impediments to settlement;
      C.   The status of the settlement negotiations to date. The confidential statement may be
           supplemented upon request of the mediator to both parties.

6.    A11 attorneys       and    parties shall cooperate with the instructions    and requests   of the mediators.


7.    The mediator         shall return all materials to the submitting attorney or individual at the time of filing the
      report of mediation.

8.    The mediator  shall file a report with the Court not later than 6O days from the date the mediator              was
      selected informing the Court of the status 0f the mediation process.

9.    Report of Mediation:

      A.   If   the parties do not reach an agreement as to any matter as a result of mediation, the mediator
           shall report the lack of   any agreement to the Court Without any comment or recommendation.
      B.   If   an agreement is reached, it shall be reduced to writing and signed. If the agreement is complete
           on    all   issues,   it   shall be   accompanied by a joint stipulation and recommendation of disposition.




DATED: March       15,    2021




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