Miller, Wilcoxson Attorneys Agree on Confidentiality Order
Posted
Craig Brosman-
Attorneys in the case of Dr. Dane Miller vs. Brent Wilcoxson have come to an agreement of sorts. On Nov. 22 attorneys for both parties agreed to a protective order which could make confidential all of the documents, deposition testimony and exhibits, trial and hearing testimony, interrogatory answers and other written, recorded or graphic matter. Additionally, all notes, summaries or information derived from confidential materials are protected by this order. To make any of the documents protected by the order confidential, both sides have to agree to the confidential nature of the documents. The only way for someone to get information that is confidential is to either have a court order saying they can look at it or have permission from the parties involved. R.C. Richmond III, of Taft, Stettinius & Hollister in Indianapolis, representing Miller, said that the protective order will not slow down the progress of the case. “We requested documents that Wilcoxson thought were confidential,” Richmond said. “We entered into that agreement in order for the documents to be admitted as confidential.” In addition to the agreement on the protective order, there was a hearing on Wilcoxson’s motion to dismiss. Special Judge Terry Shewmaker of Elkhart took the motion to dismiss under advisement during a Nov. 16 hearing. Richmond said that he expects a ruling within 60 days of the hearing. Richmond further stated that both sides are currentley in the process of scheduling mediation. In other business related to the case, Shewmaker dismissed a motion to intervene by Grace College on Nov. 22. Richmond said that he was under the impression it would be refilled as a separate action from the Miller vs. Wilcoxson case. The motion to intervene was submitted by attorney Doug Lemon of Miner & Lemon on behalf of Grace College on Aug. 21. The purpose of the motion to intervene is to add Grace College as a defendant to the case. Grace College is owner of a piece of property which was allegedly transferred without Miller’s authorization to Winona Arts, Restoration and Preservation. Grace College has asked Kosciusko County Superior Court I to instruct them as to whom they should make their monthly payment: Winona Restoration Partners, which is owned by Miller, or Winona Arts, Restoration and Preservation, which is owned by Wilcoxson. The college previously paid WARP monthly. Grace College purchased one of the 13 properties that Dr. Dane Miller claims Wilcoxson asserted control over without permission. In 2005 Grace College purchased Mount Memorial Hall, 901 College Avenue, Winona Lake, from Wilcoxson and Winona Restoration Partners for $1,940,897.19. In Grace College’s motion to intervene attorney Doug Lemon states that the college was informed by Wilcoxson that the note and mortgage had been gifted to Wilcoxson’s nonprofit WARP. According to the motion to intervene Grace College was making monthly payments of $18,200 to WARP. Until the court directs where the monthly payment should go, Grace College has been instructed by the court to make deposits with the Kosciusko County Clerk’s Office monthly. The payments will be held in an interest-bearing account. Further information as to the filing as a separate action was not available at press time. Lemon was not available by telephone. Miller claims in a June 29 amendment to a suit first filed Dec. 21, 2011, in Kosciusko County Superior Court I that Wilcoxson took control of 13 parcels of land, including the Mount Memorial property, currently owned by Grace College. Miller also claims that Wilcoxson illegally transferred land belonging to Winona Restoration Partners to Wilcoxson’s non-profit Winona Arts and Restoration Preservation; and that Wilcoxson misappropriated WRP funds and took funds from properties owned by WRP.
