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Wednesday, April 22, 2015 11:15:51 AM
BY MEGAN HOCKLEY | Updated Nov 25, 2012
http://www.kpcnews.com/article_51b246b2-b53e-5d80-8062-18015d2674a5.html?mode=jqm
ALBION
Sylvan Springs, a Rome City resort complex, has successfully sued Mike the Pike Films and its part-owner Mark Newbauer for an unpaid hotel bill. A judge awarded Sylvan Springs $5,706 plus court costs this week.
Newbauer and the fledgling film company were accused of fraudulent action in a lawsuit filed by Sylvan Springs. According to court documents, in early April, Newbauer booked the resort for a week-long meeting involving the full production staff of Mike the Pike and signed a contract sealing the deal.
Newbauer allegedly said that funding for the company's production hadn't come through yet, but the project was being backed by Dean Kruse, founder and president of Kruse Enterprises in Auburn. By the time the meeting was over, the film company would have the funding, Newbauer allegedly said.
On April 16, during the week of meetings, Sylvan Springs management met with Craig Adolph of Kruse Enterprises, who assured the hoteliers that Kruse was backing Mike the Pike, according to court documents.
From April 13 to April 22, Sylvan Springs hosted the film company's meeting. Each room was rented for $55 a night and Mike the Pike was billed $3,575 for rooms, $150 for two deli luncheons and $75 for use of a conference room. With tax, the total was $4,206.75.
When the visitors checked out, the hotel expected payment. According to court documents, on April 22 Newbauer told hotel management that the film company still didn't have funding and further declared that funding had never been promised. The bill was never paid.
A document prepared by LaGrange attorney Bill D. Eberhard Jr., representing Sylvan Springs, said, "The actions of the defendant were fraudulent in that they materially misrepresented the facts , with the intent to deprive the plaintiff of the true nature of their agreement."
A summons notifying Newbauer of the lawsuit was sent to his address in Fort Wayne by certified mail and another was sent to Mike the Pike's address in Indianapolis. In light of the fact that the defendants didn't answer the complaint or indicate they contested Sylvan Springs' claim, Judge G. David Laur of Noble Circuit Court ruled in favor of the plaintiff on Monday.
Sylvan Springs was awarded $4,206.75 for the unpaid hotel bill, $1,500 for its attorney's fees and $109 for court costs, together with interest at the rate of 8 percent a year.
A year ago, owners of Mike the Pike announced their intention to film the movie "Fish in a Barrel" in Rome City.
I highly doubt FINRA is the issue here.
Please enjoy.. =)
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