Order: Julio Mondragon, Maria Del Carmen De La Cruz v. Rongos Inc

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                                STATE OF INDIANA           )                    ALLEN SUPERIOR COURT
                           ) SS:
COUNTY OF ALLEN            )                    CAUSE NO. 02D03-2301-CT-59

JULIO MONDRAGON, and MARIA               )
DEL CARMEN DE LA CRUZ                    )      CASE MANAGEMENT ORDER
GONZALEZ, as Co-Personal                 )
Representatives of the ESTATE OF         )
REBECA GARCIA SALAZAR                    )
      Plaintiffs,                        )
                                         )
      vs.                                )
                                         )
RONGOS, INC.,                            )
    Defendant.                           )


1.    The Plaintiffs appeared by Attorney Sam Bolinger. The Defendant appeared by

      Attorney Jim Shea. An initial hearing was conducted.

2.    The parties do not challenge subject matter jurisdiction or personal jurisdiction.

3.    This matter is ORDERED referred to mediation.          Attorney Kevin Fitzharris is

      appointed as 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: April 15, 2024 at 9:00 a.m. in Room

      317 of the Allen County Courthouse. 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, or counsel may request the Court reschedule the Pre-Trial

      Conference.




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6.   Each party shall be represented at the Pre-Trial Conference by at least one

     attorney who shall hereafter participate actively in the trial of the action and who,

     in attending the Conference, shall be possessed of information, data, documents,

     writings, things, and authority adequate for responsible and effective participation

     in it for all of its purposes. Counsel shall personally appear at the Pre-Trial

     Conference or appear by Zoom. Telephonic participation is NOT permitted.

7.   Parties may attend the Pre-Trial Conference via Zoom by contacting the Court at

     Sonia.Vasquez@allensuperiorcourt.us to provide the e-mail address the Court

     may use to send a Zoom Invitation.

8.   In lieu of a Preliminary Pre-Trial Order, the parties are ORDERED to exchange a

     Statement of Contentions and a Preliminary List of Witnesses and Exhibits, and to

     file the same with the Court on or April 8, 2024.



                        NOTICE TO MEDIATOR AND PARTIES

1.   Attorney Kevin Fitzharris has been selected as mediator in the above-captioned

     cause.

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; and

     (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 to a shorter time

              period.




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3.    The Court or the mediator shall determine the individuals who shall be present at

      any mediation session.

4.    All parties, their attorneys, representatives with full settlement authority, and other

      individuals necessary for resolution of all disputed issues shall be present at each

      mediation conference unless excused by the mediator or the Court.

5.    Mediation sessions are not open to the public.

6.    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 all issues;

      (B)    The factual and legal impediments to settlement; and

      (C)    The status of the settlement negotiations to date.           The confidential

             statement may be supplemented upon request of the mediator to both

             parties.

7.    All attorneys and parties shall cooperate with the instructions and requests of the

      mediators.

8.    The mediator shall return all materials to the submitting attorney or individual at

      the time of filing the report of mediation.

9.    The mediator shall file a report with the Court not later than 60 days from the date

      the mediator was selected informing the Court of the status of the mediation

      process.

10.   Report of Mediation:




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     (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; or

     (B)   If an agreement is reached, it shall be reduced to writing, signed, and filed

           with the Court. If the agreement is complete on all issues, it shall be

           accompanied by a joint stipulation and recommendation of disposition.




DATED: June 12, 2023




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