KOSCIUSKO COUNTY — A status conference will be held at 1:15 p.m. Friday, Oct. 21, in Kosciusko Circuit Court to set a hearing on The Papers Inc. motion to dismiss the complaint against the company in a suit brought by Atta Bell Helman and Larry Dwayne Helman. Stacey Staley has also filed a joinder in the motion to dismiss.

The complaint and jury demand was filed by the Helmans June 6, in Kosciusko Circuit Court. The suit is against Barnett’s Bail Bonds Inc., The Papers Inc., Staley, Tadd S. Martin, Daniel S. Foster and Michael C. Thomas, and stems from the death of Gary Helman Aug. 25, 2014.

No specified dollar amount is being sought in the eight count complaint. What the Helmans are seeking are compensatory damage to be determined, attorney fees and treble damages, cost of the action and all other relief.

Larry Helman was injured in the shooting at their home. Atta Helman was at the residence when the shooting incident occurred, according to police reports at the time of the shooting.

The counts in the complaint are: negligence against all defendants, and individually against Barnett’s and The Papers; trespass against Martin, Foster and Thomas as agents of Barnett’s; residential entry, intimidation and battery to Atta Helman and battery to Larry Helman against Martin.

Counsel for the Helmans responded Sept. 28, to The Papers Inc.’s motion to dismiss the matter pursuant to Indiana Trial Rule 12 (b) (6).

Responding to the plaintiffs response, counsel for The Papers Inc., asserts the court should dismiss the company from the suit because the pleadings are not sufficient, it does not state a claim under recognized Indiana law, it fails to state a claim under Respondent Superior and under Joint Enterprise and under Count III: Negligence against the company.

The response filed with the court concludes the plaintiffs failed to plead the operative facts necessary to set for an actionable claim and have not adequately outlined operative facts and law and failed to state a claim where relief can be granted.

Counsel for The Papers Inc. states in its conclusion, “The complaint against this defendant should be dismissed. Indiana law has not degraded to the point of allowing a generic group allegation of ‘defendants’ and even more vague allegations of ‘duty.’ The plaintiffs cannot rest on such woefully vague pleadings to sustain their case once they have been called out on their total failure of law and allegations.”

Federal Suit

The case has also been filed in U.S. District Court Northern District of Indiana by administrators of the estate of Gary Helman along with Atta Belle Helman and Larry Dwayne Helman. They are special administrators of the estate. The defendants are the same as the county lawsuit, however the addition of Myra L. Barnett, Michael E. Barnett and Lexington National Insurance Corp., have been added.

The case was filed Aug. 23. Case documents state the nature of the suit is a civil rights suit and there is a request for a jury trial. As of today, Wednesday, Oct. 19, The Papers Inc. and Martin have filed motions to dismiss. As in the local case, Foster has entered a demand for trial by jury.

The Papers Inc.’s motion to dismiss the claims is based on failure to state a claim upon which relief can be granted and filed a memorandum of law in support of its motion.

Judge Rudy Lozano and Magistrate Judge Michael G. Gotsch Sr., have been assigned to the case. No hearing dates have been set.