Order: Greg Pasalich v. Samuel Macintyre, Property-Owners Insurance Company

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                                CIRCUIT AND SUPERIOR COURTS
                                    38TH JUDICIAL CIRCUIT
                                   ALLEN COUNTY, INDIANA

GREG PASALICH,                                            CAUSE N0. 02D03-2111-CT-597




                                             ))))))))))
       Plaintiff,
       VS.

SAMUEL MACINTYRE and
PROPERTY-OWNERS INSURANCE
COMPANY,
       Defendants.



                                      DISCLOSURE

       Jennifer L. DeGroote, Judge of Allen Superior Court 3, is now the presiding judge in this

case. It has come to the Court’s attention that this disclosure needs to be made on the record in

this case regarding how Judge DeGroote may not be seen as impartial and the parties need to be

advised of this issue. Judge DeGroote needs to advise the parties   of the following:

       1) Counsel for Property-Owners Insurance Company are attorneys with the          law firm

             Hunt Suedhoff Kalamaros,   LLP (hereinafier “HSK”).
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       2) Timothy W. DeGroote is, at present, the managing partner of HSK.

       3) Timothy W. DeGroote is the spouse of Judge Jennifer L. DeGroote.

       4) Timothy W. DeGroote is not presently acting, nor has he ever acted, as a lawyer in

             this proceeding.

       5) Pr0perty-0wners Insurance Company is not a specific client of Timothy W.

             DeGroote.

       6) The Court does not find Timothy W. DeGroote’s interest as a partner in HSK to be

             substantially affected by this proceeding.
       Judge DeGroote believes she can put aside the existence of a professional relationship

between her spouse and attorneys     of record in this case from HSK and still be fair and impartial.

Judge DeGroote also understands that any of the patties may not see it that way and she will

disqualify herself, unless she is asked to remain in the case. The Court understands that a

disqualification will create delay and frustration that the parties may wish to avoid.

       Judge DeGroote is required to provide the parties the opportunity to discuss this with

their counsel to determine   if parties wish to waive this issue and move forward. With this

Disclosure, the Court will provide a waiver form the parties will need to complete and file with

the court within thirty (30) days   of filing of this Disclosure. If any party does not agree to the

waiver, parties may submit a stipulation for appointment of special judge within thirty (30) days.

If, afier thirty (3 O) days, not all waivers have been filed and no stipulation for appointment of a

special judge has been filed, selection of a special judge will be through appointment by the

Clerk in accordance with LR02-TR79-23.




DATED: December 6       2021
                                                        Jennifer     Groote Judge
                                                        Allen S erior Court 3
                          CIRCUIT AND SUPERIOR COURTS
                              38TH JUDICIAL CIRCUIT
                             ALLEN COUNTY, INDIANA
GREG PASALICH,                                   ) CAUSE No. 02D03-2111-CT-597
       Plaintiff,                                )
                                                 )
       vs.                                       )
                                                 )
SAMUEL MACINTYRE and                             )
PROPERTY-OWNERS INSURANCE                        )
COMPANY,                                         )
       Defendants.                               )
                                                 )
                                   WAIVER 0F CONFLICT
        l understand that am entitled to an unbiased. impartial, and speedyjudgment
                          |



        of my case.
        I understand that. by signing this form, I agree to waive any potential conflict of

        the judge in this case.
        | understand that by waiving a conflict. lgive up my right to file a motion for
        a change ofjudge based upon this conflict.
         lunderstand that lgive upthe right to challenge anyjudgment in this case on
        appeal on the basis that thejudge should have removed herself because of
        this conflict.
         lswear that lhave received a complete disclosure on the record pf thejudge's
        possible conflict of interest under Rule 2.11.
         l swear that l have had the opportunity to discuss this possible conflict and

        this waiver with my attorney. if represented, and the opposing attorney, or
        party.
         l swear that l have voluntarily agreed to sign this waiver.
         lswear no party or attorney has coerced me to sign this document.
         Isign this form freely and voluntarily and with full understanding, orI


         have permitted my attorney to sign this form as my agent.
         l understand. affirm, and intend that this waiver is voluntary, made with full

         knowledge, and is a binding decision on my part that is to become part of
        the record in this case.
         lswearthat, as a self-represented litigant, lhave voluntarily chosen not to
         review this matter with counsel.

[have read, or have had read to me, this form as applicable to my case. If l have an
attorney. I have discussed each item with my attorney. By signing, lam indicating
that l understand and agree with each item stated. l understand the rights outlined
above, and knowingly waive those rights.
              |




 Party Sig nature:                                               Date:
lam the attorney of record for the [Plaintiff/Defendant]. Ihave reviewed this form
with my client, explained each item, and have answered all of my client‘é questions.
|have fully explained the nature ofjudicial conflict and the consequences of this
waiver. lagree andjoin in my client's waiver.

Attorney Signature:                                          Date:


[have read, or have had read to me, this form as applicable. lf l have an attorney, l
have discussed each item with my attorney. By signing. lam indicating that  |




understand and agree with each item stated. understand the rights outlined above,
                                                |



and lknowingly waive those rights.


Party Signature:                                             Date:



lam the attorney of record for the [Plaintiff/Defendant]. lhave reviewed this form
with my client. explained each item, and have answered all of my client's questions.
lhave fully explained the nature ofjudicial conflict and the consequences of this
waiver. lagree andjoin in my client's waiver.


Attorney Signature:                                          Date: