it

srATE

OF

I\IDIANA

LT.N

COIIRT
IN rlIE HAMILTON COUNTY SUPERIOR

ss:
cAusENo

JOSEPHSHEETS,

il

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FnLHp

I)

-lUuif2920l5

v.
CYNTHIA G.

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PIZARRO,

)
)

Defendant/Counterclaimant

Cynthia G' Pizarro's Mcition for

This matter came before the Court on Deiendant
Defendant/Counterclaimant's
Summary Judgment, and the Court, having considered

the Response in opposition to Motibn

Support of Motion for Partial summary Judgment,
I

Reply in Support of Motion for l

Partial Summary Judgment, Defendant/Counterclaimant's

to Motion for Partial summary Judgment'

summary Judgment, the Surreply in opposition
evidence designated by the parties, and the presentations

of counsel for the parties dulns

as follows:
March g,Iulshearing, and being duly advised, now orders

j
I

1.

Following

the

January

27, 2012

termination

of the

employment

on February 28' 2012' Pi

PiaintifflCounterclaim Defendant, Joseph Sheets ("Sheets"),
I

Restated Shareholders Agreement

exercised her option under the Firsl Amended and
I

.,shareholders Agreement")

to

purchase

a[ of Sheets' stock in critical skills, Inb.

"Company");

2.

the purchase
Pursuant to section 8(a) of the Shareholders Agreement,

Value"' not
paid by Pizano for Sheets' Company stock is based on the 2011 "Agreed
.,Agreed Value," as that term

is

defined in the Shareholders Agreement;

2SDsz-1212'PL
ORD

Ordor ltstod
117774

be
10

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_11
I

il

ii

.i

II

3.

Sheets and

thirly (3i0)
pizano did not agree to the 2011 "Agreed Value" within ttrirtl'
tl (ol
I

the 2011 Agreed Value shall hot

days after the end of the Company's fiscal year; accordingly,
determined by the Court, but instead by

at

independent certified public accountant

fe
"u"tJp'o{"
I

of the Shareholders Agree*tjU'

to a majority of the Shareholders [,]" pursuant to.Section S(b)
as to this
and the Motion for Summary Judgment is Granted

4.

issue'

each of the
Beyond this, genuine disputes of material fact exist as to

issues

,l
I,l
i

I
I

pizano's Motion, precluding the entry of bummary of judsmlnt

raised in Defendant cynthia G.
in her favot, and against PlaintiffJoseph B' Sheets'
thAt DCfENdANt
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED
G. Pizarro's

part and DEN

Motionfor Partial Summary Judgment is hereby GRANTED in

in part.

ALL OF WHICH IS ORDERED THIS 26thD

2
The H

Haniit ton
Distribution to:

Kevin W. Betz, Esquire

Benjamin C. Ellis, Esquire
Bsrz+ Blevngs
One Indiana Square, Suite 1660
Indianapolis, Indiana 46204
Kevin N. Tharp, Esquire
Philip Olsson, Esquire
RrleY Beuxerr & Eclorr', LLP
l4l East Washington Street,4th Floor
Indianapolis,IN 46204

it

iel J. Pfleging, Judge

2015