A judge could decide next month whether to give lawyers on both sides of a lawsuit filed by Journey guitarist Neal Schon and his wife more time to gather information.
The musician and his wife, Michaele, are suing Memorial Coliseum, ESG Security Inc. and security guard Mike Frantz, who is accused of assaulting Michaele Schon at a concert in 2017. The lawsuit was filed in August 2017, four months after Journey performed at the Coliseum.
Michaele Schon was trying to take pictures during the show when Frantz “violently assaulted and forcibly removed” her, according to court documents.
Attorneys for both parties filed a motion last week asking for an extra 120 days to gather and share evidence, consider mediation and possibly make requests for a trial court to throw out all or parts of claims.
Allen Superior Court Judge Craig Bobay on Monday scheduled an Oct. 3 hearing on the motion.
Bobay last year dismissed a punitive damage claim against the Coliseum.
At least three depositions haven't been completed, according to the motion, and up to five more out-of-state depositions haven't been scheduled. Both sides expect changes to court filings, according to the request.
“An additional 120 days is needed in order to complete discovery, depositions and mediation,” it states.
The request for more time comes after attorneys for the Coliseum filed documents in April claiming they had been trying for months to interview the Schons. The couple responded to requests to sit for depositions with emailed threats to take the case and video of the alleged assault to the media, the documents show.
Michaele Schon also accused lawyer Kevin Fitzharris of local firm Barrett McNagny LLP of harassing her husband a day before Neal Schon's Feb. 27 birthday.
Fitzharris is representing the Coliseum. Philip E. Kalamaros is representing Frantz and the security company.
South Bend attorney Franklin Julian, who had represented the Schons, withdrew from the case in December. Pamela A. Paige and Michael D. Weaver since have filed paperwork to represent the couple.