Inside INdiana Business

Developers withdraw motion to dismiss suit about Grand Park Fieldhouse data

(rendering courtesy of Auburn Sports Group)

AUBURN, Ind. (Inside INdiana Business) — A lawsuit over a planned sports park in Auburn has made a step toward possible resolution. An attorney for the defendants in the suit, Rodney Sinn and Auburn Sports Group, have filed to withdraw a Motion to Dismiss, and both the plaintiff and defendants have agreed to a permanent and preliminary injunction.

The lawsuit was filed in Hamilton County Superior Court in February by Grand Park Fieldhouse LLC and alleges that Sinn, a principal with ASG improperly used confidential information from his time at Grand Park Fieldhouse in Westfield, now known as the Pacers Athletic Center.

Grand Park Fieldhouse is a privately owned and operated business on the grounds of Grand Park Sports Campus, which is owned by the city of Westfield. However, a spokesperson for the city says Sinn was never an employee of Grand Park Sports Campus.

According to the lawsuit, Sinn served as president of operations at the fieldhouse from July 2015 to July 2016. Grand Park Fieldhouse alleges that Sinn has shared confidential information he obtained during his time in Westfield to entice third parties to invest in the Auburn sports park development and also disclosed Grand Park Fieldhouse’s business plan for the Auburn development.

Additionally, the lawsuit alleges Sinn “is also using Grand Park Fieldhouse’s confidential financial information, business plans and marketing strategies to plan, develop and market the Auburn Sports Park.”

The new motion to withdraw the Motion to Dismiss, was filed Monday. Defense counsel David Boyer said in the filing, “The parties have entered into an agreement by terms to settle the case.”

However, the plaintiff filed a response to the Motion to Withdraw saying the statement regarding a settlement is inaccurate.

The court granted a preliminary injunction and permanent injunction agreed upon by both parties. Sinn and ASG voluntarily agreed to “refrain from further use of Grand Park Fieldhouse’s Confidential Information, remove all of Grand Park Fieldhouse’s information from Defendants’ documents and marketing materials, and return/destroy all of Grand Park Fieldhouse’s Confidential Information.”

Grand Park Fieldhouse says the litigation can potentially be resolved if the defendants fully comply with the agreed order.

“But, the Parties are not there and it is still to be seen whether Defendants will (or can) fully comply with the Agreed Order,” Grand Park Fieldhouse said in its response. “In short, while Plaintiff agrees to the withdrawal of the Motion to Dismiss, Plaintiff wanted to make clear to the Court—to avoid any confusion—that the case is not actually settled.”

Auburn Sports Group unveiled plans for the $42 million sports park in January. Designs called for 16 basketball/volleyball courts, a domed indoor facility, eight baseball/softball fields and three artificial turf soccer/football fields.

ASG indicated the facility could be operational by mid-summer and create 200 jobs.

Editor’s Note: A previous version of this story incorrectly stated Sinn was an employee of Grand Park Sports Campus.