Preview
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
ANSWER OF...
September 26,2022 15:28
By: JASON D. WINTER 0076191
Confirmation Nbr. 2661697
ATLANTIC TOOL & DIE COMPANY, ET AL. CV 22 961394
vs.
Judge: DAVID T.MATIA
MICHAEL MEH WALD, ET AL.
Pages Filed: 325
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
THE ATLANTIC TOOL & DIE CO., et ) CASE NO.: CV 22 961394
al., )
) JUDGE: DAVID T. MATIA
Plaintiffs, )
) TABLE C EXHIBITS 15 THROUGH 17 OF
vs. ) DEFENDANTS THOMAS CONNICK, ESQ.
) AND CONNICK LAW, LLC’S ANSWER
MICHAEL MEHWALD, et al, ) AND AFFIRMATIVE DEFENSES TO
) PLAINTIFFS’ FIRST AMENDED
Defendants. ) COMPLAINT
)
)
Defendants Thomas Connick, Esq. and Connick Law, LLC's Answer and Affirmative
Defenses to Plaintiffs' First Amended Complaint exceeds the twenty megabytes (20MB) limit.
Attached hereto is Table C containing Exhibits 15 through 17 to the aforementioned Answer.
Respectfully submitted,
/s/ Jason D. Winter_________________
JASON D. WINTER (0076191)
DEAN NIED ING (0003532)
WINTER | TRIMACCO CO., LPA
950 Main Avenue, Suite 1210
Cleveland, OH 44113
P: 216-675-3300
F: 216-472-8706
Emails: jason@wintertrimacco.com
dean@wintertrimacco.com
Attorneysfor Defendants Thomas Connick, Esq. and
Connick Law, LLC
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CERTIFICATE OF SERVICE
This is to certify that on this 26th day of September 2022, a copy of the foregoing was filed
electronically. Notice of this filing will be sent to all parties by operation of the Court's electronic
filing system.
/s/ Jason D. Winter
JASON D. WINTER (0076191)
DEAN NIED ING (0003532)
Winter Trimacco Co., LPA
Attorneysfor Defendants Thomas Connick, Esq., and
Connick Law, LLC
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EXHIBIT 15
DEPOSITION EXHIBITS PART 2, FRANK
MEHWALD'S DEPOSITION FILED 7/5/2022
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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
NOTICE OF
July 5,202211:39
By: THOMAS J. CONNICK 0070527
Confirmation Nbr. 2592612
MICHAEL MEHWALD CV 20 931014
vs.
Judge: MICHAEL J. RUSSO
ATLANTIC TOOL & DIE, ET AL
Pages Filed:316
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Electronically Filed 09/26/2022 15:28 / ANSWERS I CV 22 961394 / Confirmation Nbr. 2661697 I BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
MICHAEL MEHWALD ) CASE NO: CV-20-931014
)
Plaintiff, ) JUDGE MICHAEL J. RUSSO
)
} PLAINTIFF’S NOTICE OF FILING THE
v.
J EXHIBITS PART 2 TO THE
' DEPOSITION TRANSCRIPT OF FRANK
ATLANTIC TOOL & DIE, et al. j MEHWALD
Defendants.
Now comes Plaintiff, by and through undersigned counsel, and advises he has filed the
exhibits, part 2 to the deposition of Frank Mehwald taken on June 21, 2022 in the case of Nicole
Gubacz v Atlantic Tool & Die Company (Cuyahoga County Court of Common Pleas Case No :
CV20 930676).
Respectfully submitted,
/s/ Thomas J. Connick_____
Thomas J. Connick (0070527)
CONNICK LA W, LLC
25550 Chagrin Boulevard, Suite 101
Beachwood, OH 44122
PH: 216-364-0512 | FX: 216-609-3446
tconnick@connicklawllc.com
Attorneyfor Plaintiff
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CERTIFICATE OF SERVICE
I hereby certify that the foregoing was filed electronically on this 5th day of July, 2022.
Notice of this filing will be sent to all parties by operation of the Court’s electronic filing system.
Parties may access this filing through the Court’s system.
/s/ Thomas J. Connick______
Thomas J. Connick (0070527)
Attorney for Plaintiff
2
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FW: OH Open House (10-27-18) Page 3 of 6
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Hello We are so excited about the Open House on This Saturday! Please turn in your RSVP today
as we need to order the delicious Chicken Cutlets and JoJo’s from Augies
We can’t wait for Saturday!
From: Dunam, Jennifer
Seat: Wednesday, October 17,2018 7:37 AM
To: OHIO.EVERY BODY
Subject: Family Day Seville Open House 10.27.18 Please join usl
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PW: OH Open House (10-27-18) Page 4 of 6
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chess up for great prizes contest at I pm.
Join us for Angle's Chicken Cutleh .To Jos and our co-workers Fav Sides / Bakery!
We will provide pop, beer, water and ail the fun Io make this a Great Family Day for
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If you have any questions please see Michele Winter: 440.238.6931 or
tnichetewinter@atlantictoot.com
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216-385-0343 i
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Be Safe
Be Kind
Be Well
Get Better Every Day!
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MARY_ESI_PROD_000621
Confidential
From: Mark S Fusco lraaiito:mfu8Co'ig' wallcihav.coinl
Sent: Thursday. December 13. 2018 8:03 AM
To: Dtimro. Jennifer Atlai>.tictool cojiti>
Cc: Robert Warren
Subject: Follow up
MsDumm,
I am following tip on my email regarding the schedule of Mike Mehwald. This is a serious matter which requires
your serious attention. We are not going to engage in a game of cat and mouse to determine the location of Mike.
We need you to provide us with his schedule so that Frank may return to work. You are the HR Manager and
responsible for HR issues including the one I am raising on behalf of the majority shareholder and president of
the company. Your failure to address this issue could have far reaching consequences. We expect to hear from
you this morning
Mark
Sent with BlackBerry Work
(_www.blackberry.corn)
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ATD_E S l_P ROD_001254
Confidential
Written Statement by Effie Trihas, Corporate Controller, Atlantic Tool & Die, 440-681-0099
On December 14, 2018 at approximately 4:00 p.m., Mary Mehwald called the Strongsville AtlanticTool 8c
Die main phone line. She asked for Tyler Hall, Accountant, and was told by the receptionist that he was
not available. Iintercepted the message and notified Dan Prugar and Mike Mehwald. I instructed the
receptionist that all phone calls fromFrank or Mary Mehwald should be directed to me, Effie Trihas,
Corporate Controller. At approximately 4:40 p.m. Mary Mehwald called the main phone again and the
At this point I answered as, in my opinion, they would keep calling until
receptionist put the call through.
they spoke to someone. Mary and Frank were both on the call and asked that Mary be added to the
employee payroll effective immediately with a weekly pay of $1,000. In addition, she instructed me that
she would like business cards with the title "Assistant to
the President". At that point I told her that I
would let HR know. Frank then stated that he is the President and therefore HR did not need to be
involved. Mary and Frank then proceeded to ask what my position with the Company was and I stated f
am the new Corporate Controller and they responded that "oh, you replaced Kristian Barr" and that she
looks forward to meeting me next week.
is
ttc
ikr
e.o
cm
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ATD_ESI_P RODJ301406
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ATLANTIC TOOL & DIE COMPANY i
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STAMPINGS 19963 PROGRESS DRIVE • STRONGSVILLE INDUSTRIAL PARK > CLEVELAND, OHIO 44149
ASSEMBLIES
E N GINEERS ANP MAN'UFAMT U R E R S
PROGRESSIVE DIES
(440) 235-6931 * FAX NO. (440) I
I
To: Micha il Mehwald Decerr I0i18,2018
From: Frarj k Mehwald I I
Michael Wj jhwald,
I was surpflsed to discover that'i ou have made significant personnel char i at seven I
company -
iclllttes -
without any c:pri5u|tation with me. Yqu are aware that ini
■ Hie iriujc dty
shareholder, President, and CEO of the company and need to be Included pn such Imp irtant
decisions. is a result of your cor tlnued efforts to bypass me and usurp rh ii|»'iiithority 11 m
implemen Ing the following poll ies:
'■
■Alilil
■ AU miringand fir lug dec sfons must be sent to Frank Mehwald f r. j rior writ «n
approval. |
* Thtre will be no raises o' bonuses given to any employee of the c; m lany with
■Thsi Mitthe
prior written approval of Frank F tehwald. I
’ Al domestic and interna tional travel for all senior management m ts: be approved In
advance Frank Mehwald In wiring. i;
•AllCapital ekpendititresT1 excess of $5,000.00 must be approved its dvance by Frank
Mehwald ii writing.
* AI expenses For entert< Inment including travel, event tickets an |) islness meats in
excess of $200.00 must be approved of in advance by Frank Mehwald In n it ng.
* T ;G. use of any co trips n y credit card or the issuance of any new (
etjit cards h U5t be
approved Iiadvance fay Frank M ehwald in writing. If
* Th *e will be no changer to the company health insurance oremj PI eebenefl pians
without th ? prior written consen l of Frank Mehwald.
; >
■ Al expense reimbursement requests must be submitted and d«: |b cd on a company
approved <;xpense report and cp >y given to Frank Mehwald.
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The policy set forth in this mem irandum shall be distributed to all key rj^nSgers at e|ach
facility in:form that requires o ich manager to> acknowledge
acknowji receipt of
Frank Mehwald
President and CEO, A Jh tic Tool &
i: EXHIBIT
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MARY_ESI_PROD_000214
Confidential
Mark 8. Fusco |fnfUsco@wafttfrhEtV.com
DIRECT LINE 216.01fl.7639 I
DIRECT FAX 216.916.2394
1301 E. Ninth St. | Soils 3300
Cleveland, CH 44114
December 19, 2018
VIA
3armruRar@atlaHli<;tooT.com '
Dan Frugal
Atlantic Tool & Die Company
Re: December 18, 2018 Memorandum
Dear Mr. Prugar:
Yesterday you and Jennifer Dumm were emailed a Memorandum from Frank Mehwald
to be distributed to allkey managers at Atlantic Tool & Die. This Memorandum states in
pertinent part that “There will be no raises or bonuses given to any employee of the company
without the prior written approval of Frank Mehwald.”
I also understand that you met with Bob Warren yesterday and you were going to provide
him with a list of employees and officers who were to receive bonuses, together with a list of
bonuses paid to date and a list of employees who were going to be terminated. You abruptly left
die facility without providing this information.
This evasive attempt to avoid the issues outlined in the Memorandum does not negate the
feet that you are on notice that Michael Mehwald and all other management-level employees at
Atlantic Tool & Die are prohibited from issuing any raises or bonuses to any employees without
prior written approval from Frank Mehwald. You should not forget that Frank Mehwald is the
President, CEO, and majority shardiolder of Atlantic Tool & Die Company.
Should you or any other managerial employee ignore this company-wide directive, there
may be consequences, including, but not limited to, disciplinary procedures.
Very truly yours,
' Mark S. Fusco
MSF/nbb
{02757429-1}
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ATD_ESI_PROD_001243
Confidential
Prom:’Marie 6> Fuoco ffi>
Date; Thu, Dao 20, £018,8:41 AM
Subject: Bonus Checks
Cc: Robert Warren ttoobwarrenfawl^narixo^8^
Mr Frugar, ■ .
As a further fallow up to our corresponded be you ara to herd any bonus checks until Frank Meh watd has the opportunity to review and
approve them fate afternoon. Again, no bonus cheeks era to be distributed Wwui his review and written consent. He and Mr Warren
will ba at your office with a Uniterm ad officer thfa afternoon.
Mark Fusco '
Sent with BlackBerry Work
(www.blaokberrv.ooml
EXHIBIT
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ATD_ESI_PROD_001249
From: Mary marymehtSroadrunnercorn
Subject: Emails
□ate:January 7,2019 at 5:23 PM
To:Mike Mohwald rrtkomehwald@atlarrfictool.com
As you know Franks emails ara sent directly to Nicole Qubaoz. Since Ntaole is your secretary and you know Frank Is out of town ,
what are you trying to de and with whom are (tying to communicate with, if not with Frank?
Jennifer Durum just informed us ol some layoffs that happened last week that were neither approved by nor even brought to Franks
attention prior.
This is a direct contradiction to the Memorandum given to you, Dan Prugar, and Jennifer Dumm on Dec. 18,2018,
You were well aware that Frank has not been in Ohio since Dec 31el, therefore receiving his email would he Impossible, This Is a
blatant maneuver to usurp Franks authority. From this moment forward, all emails to Frank must be cc'd to ma.
Thank you,
Mary Mahwald
Assistant to the President
Sent from my iPhone
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MARY_ESI_PROD_000217
From:Mary Mehwald marymeii@foadruhner.com
Have not received
Subject:
January 9,2019 at S:S4 AM
Date:
To:Mike Mehwald mlkemehweld@artantfctool.com
co:nlcoieg@atlantlctool.com
Frank and 1 requested on Monday, Jan. 7, any emails sent to Nfcoie via Franks ATD entail to be forwarded to my email
Maryrfteh@roadrunher.com . These Include all email since mid December 201B.
As to this date we have received none.
Mary Mehwald
Assistant to the President and GEO
Sent from my IPad
EXHIBIT
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MARY_ESI_PROD_000218
From: Mary Mahwald maryrneh@roacfrLinner.com
Subject:Schedule.
Date:January 15, 2019 at 8;54 AM
To: Jennifer Dumm Jennifarclumm@atlanlictaol.com
Jennifer,
By legal order you > representing lire ATP HR department, are supposed to give us Michaels schedule In advance weekly. So far you
have only provided his schedule once and that was only up to January 1.
Today Is January 15, 2010 and we have received nothing from you. As head of HR you are responsible for this and this
communication must be In a form that we receive. Please IMMEDIATELY send Mikes schedule for this week to this email.
Thank you,
Mary Mehwald
Assistant to the President and CEO
Sent from my IPad
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Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas ANSWER OF... September 26,2022 15:28 By: JASON D. WINTER 0076191 Confirmation Nbr. 2661697 ATLANTIC TOOL & DIE COMPANY, ET AL. CV 22 961394 vs. Judge: DAVID T.MATIA MICHAEL MEH WALD, ET AL. Pages Filed: 325 Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO THE ATLANTIC TOOL & DIE CO., et ) CASE NO.: CV 22 961394 al., ) ) JUDGE: DAVID T. MATIA Plaintiffs, ) ) TABLE C EXHIBITS 15 THROUGH 17 OF vs. ) DEFENDANTS THOMAS CONNICK, ESQ. ) AND CONNICK LAW, LLC’S ANSWER MICHAEL MEHWALD, et al, ) AND AFFIRMATIVE DEFENSES TO ) PLAINTIFFS’ FIRST AMENDED Defendants. ) COMPLAINT ) ) Defendants Thomas Connick, Esq. and Connick Law, LLC's Answer and Affirmative Defenses to Plaintiffs' First Amended Complaint exceeds the twenty megabytes (20MB) limit. Attached hereto is Table C containing Exhibits 15 through 17 to the aforementioned Answer. Respectfully submitted, /s/ Jason D. Winter_________________ JASON D. WINTER (0076191) DEAN NIED ING (0003532) WINTER | TRIMACCO CO., LPA 950 Main Avenue, Suite 1210 Cleveland, OH 44113 P: 216-675-3300 F: 216-472-8706 Emails: jason@wintertrimacco.com dean@wintertrimacco.com Attorneysfor Defendants Thomas Connick, Esq. and Connick Law, LLC Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH CERTIFICATE OF SERVICE This is to certify that on this 26th day of September 2022, a copy of the foregoing was filed electronically. Notice of this filing will be sent to all parties by operation of the Court's electronic filing system. /s/ Jason D. Winter JASON D. WINTER (0076191) DEAN NIED ING (0003532) Winter Trimacco Co., LPA Attorneysfor Defendants Thomas Connick, Esq., and Connick Law, LLC Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH EXHIBIT 15 DEPOSITION EXHIBITS PART 2, FRANK MEHWALD'S DEPOSITION FILED 7/5/2022 Electronically Filed 09/26/2022 15:28 I ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 I BATCH NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas NOTICE OF July 5,202211:39 By: THOMAS J. CONNICK 0070527 Confirmation Nbr. 2592612 MICHAEL MEHWALD CV 20 931014 vs. Judge: MICHAEL J. RUSSO ATLANTIC TOOL & DIE, ET AL Pages Filed:316 Electronically Filed 07/05/2022 11:39 / NOTICE / CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS I CV 22 961394 / Confirmation Nbr. 2661697 I BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO MICHAEL MEHWALD ) CASE NO: CV-20-931014 ) Plaintiff, ) JUDGE MICHAEL J. RUSSO ) } PLAINTIFF’S NOTICE OF FILING THE v. J EXHIBITS PART 2 TO THE ' DEPOSITION TRANSCRIPT OF FRANK ATLANTIC TOOL & DIE, et al. j MEHWALD Defendants. Now comes Plaintiff, by and through undersigned counsel, and advises he has filed the exhibits, part 2 to the deposition of Frank Mehwald taken on June 21, 2022 in the case of Nicole Gubacz v Atlantic Tool & Die Company (Cuyahoga County Court of Common Pleas Case No : CV20 930676). Respectfully submitted, /s/ Thomas J. Connick_____ Thomas J. Connick (0070527) CONNICK LA W, LLC 25550 Chagrin Boulevard, Suite 101 Beachwood, OH 44122 PH: 216-364-0512 | FX: 216-609-3446 tconnick@connicklawllc.com Attorneyfor Plaintiff Electronically Filed 07/05/2022 11:39 / NOTICE / CV 20 931014]/ Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH CERTIFICATE OF SERVICE I hereby certify that the foregoing was filed electronically on this 5th day of July, 2022. Notice of this filing will be sent to all parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system. /s/ Thomas J. Connick______ Thomas J. Connick (0070527) Attorney for Plaintiff 2 Electronically Filed 07/05/2022 11:39 / NOTICE/CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH FW: OH Open House (10-27-18) Page 3 of 6 r 5 ( t I &bv To; OHIO EVERYBODY OI-IIGEVERYBOD.’SYa.attoictooi eom> Subject: RSVP today for the Open house please ) Hello We are so excited about the Open House on This Saturday! Please turn in your RSVP today as we need to order the delicious Chicken Cutlets and JoJo’s from Augies We can’t wait for Saturday! From: Dunam, Jennifer Seat: Wednesday, October 17,2018 7:37 AM To: OHIO.EVERY BODY Subject: Family Day Seville Open House 10.27.18 Please join usl f 1 iva V / I I i I f 1 ! Ol J 5 't\ I rwksfe. "‘ ■1. I ■» r fife, : 1 ft t V z i f / t V 1 i .-’■“j sl ♦ i i * •W- -r- •,( c C‘> i 1 i ■ j i ■y Y ?: t'-r I ’X z i J ► l J i .‘^■s I f in ' 2 "■<£.. L' r3 I 1 / ex r- O‘ Win a Vacation day -Sign up by 10/19 for: t ) EXHIBIT 014 / Confirmation Nbr. 2592612 / BATCH j j/5/201S Electronically Filed 09/26/2022 15:28 I ANSWERS I CV 22 961394 I Confirmation Nbr. 2661697 I BAJC^y ES) prqq QQ0608 PW: OH Open House (10-27-18) Page 4 of 6 ( c ~ 'Best Side Dish’ Contest ~ '’-Baking I Contest’-' i A;i evtm I 05 0?.:?5 rCd ”, =S‘.h;-.-,- ?,1» S-'iteS - r.i''-'. h Tempos, ty Aaoa At - AJ Ctedhe? - Ate-cc-nw => D link Tank ~ Dunk your iC'■<•:■?..?. i? - ::G i'LL-JX. Fte;i ;2. Lewis i/iler 133(1. Loss Beyer ipix > — - Ks.ii! bteng vg-.t sdts / rowels if yes Ate so beD’j.nJ:.ed Ikm DO - 230! Pin ibe Kose on the Pumpkin! B ’’CAgll? ;■? WO by Gif.1 Cclter’; - Phi T.hr 116 S£ 51 ;--i7 A "impkia to wiy ,,. g-t3,; - => Bewitching Would vqu Ratt er: Spin tee Apjoky ^beei foy; e teifle, a treat, the chance te eat gooey eye? and siivky gios, feel your way mrcugi medusa’s scary nan' uit v.11 2 Vacadon Uiy1 £)c>'! '/ci' have to* ccma to C? Family Day to see;!! » Do Pumpkins fly? Corns to the Farally Day to carve a pumpkin or make it fly st rhe pmnpidn Lunch. => Wear vour favorite costume and win seme way cool prizes!!! Ail ages can chess up for great prizes contest at I pm. Join us for Angle's Chicken Cutleh .To Jos and our co-workers Fav Sides / Bakery! We will provide pop, beer, water and ail the fun Io make this a Great Family Day for our families and friends. ^fetoil.^cPOnail®ebaaUl-WfeHWBA®ie&§ii014 1 Confirmation Nbr. 2592612 / BATCH j]/5/20lg s / / i Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 I BATCH _. MARY_ESI_PROD_000609 r w: un open House (1 0-2/-1&J Page 5 of 6 i • i" ( i .»' ‘ r- /;?; “.v ;:■'•• C.:! ■• B'I Tiki ‘..f by Tus'z\v >C.23 If you have any questions please see Michele Winter: 440.238.6931 or tnichetewinter@atlantictoot.com i i Jennifer Dumm “ ‘ *> ' t HRMgr 216-385-0343 i I KTi5 Be Safe Be Kind Be Well Get Better Every Day! 2592612 I BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 I BAJ^y Eg| PROD 000610 I J • ■ •*;fi5’.14 I ’- [7 EXHIBIT “ -■ hs 1 2 1 1 Electronically Filed 07/05/2022 11:39 / NOTICE / CV 20 931014 / Confirmation Nbr. 2592S12 / BATCH Electronically Filed 09/26/2022 15:28 I ANSWERS I CV 22 961394 I Confirmation Nbr. MARY_ESI_PROD_000611 EXHIBIT f i ( I t Electronically Filed 07/05/2022 11:39/NOTICE/CV20,S3lbl4/ConfirmatidnNbr. 2592612/BATCH -- Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH MARY_ESI_PROD_000612 EXHIBIT ( I Electronically Filed 07/05/2022 11:39 / NOTICE / CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH MARY_ESI_PROD_Q00614 i j I I 5 E § o> Q E ™ ra = Z o 39 / NOTICE / CV 20 931014 / Confirmation Nbr. 2592512 / BATCH Electronically Filed 07/05/2022 11 LL CO Electronically Filed 09/26/2022 15:28 I ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 I BATCH MARY_ESLPRODJ)00615 [ Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH MARY_ESI_PROD_000616 Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH MARY ESI PROD 000617 Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH MAR Y_ESI_PROD_000618 a> E t o w E g ro .E z O iZ co Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH MARY ES1 PROD 000619 Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH?Y_ESI_PROD_000620 I MARY_ESI_PROD_000621 Confidential From: Mark S Fusco lraaiito:mfu8Co'ig' wallcihav.coinl Sent: Thursday. December 13. 2018 8:03 AM To: Dtimro. Jennifer Atlai>.tictool cojiti> Cc: Robert Warren Subject: Follow up MsDumm, I am following tip on my email regarding the schedule of Mike Mehwald. This is a serious matter which requires your serious attention. We are not going to engage in a game of cat and mouse to determine the location of Mike. We need you to provide us with his schedule so that Frank may return to work. You are the HR Manager and responsible for HR issues including the one I am raising on behalf of the majority shareholder and president of the company. Your failure to address this issue could have far reaching consequences. We expect to hear from you this morning Mark Sent with BlackBerry Work (_www.blackberry.corn) Electronically Filed 07/05/2022 11:39/ NOTICE / CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH ATD_E S l_P ROD_001254 Confidential Written Statement by Effie Trihas, Corporate Controller, Atlantic Tool & Die, 440-681-0099 On December 14, 2018 at approximately 4:00 p.m., Mary Mehwald called the Strongsville AtlanticTool 8c Die main phone line. She asked for Tyler Hall, Accountant, and was told by the receptionist that he was not available. Iintercepted the message and notified Dan Prugar and Mike Mehwald. I instructed the receptionist that all phone calls fromFrank or Mary Mehwald should be directed to me, Effie Trihas, Corporate Controller. At approximately 4:40 p.m. Mary Mehwald called the main phone again and the At this point I answered as, in my opinion, they would keep calling until receptionist put the call through. they spoke to someone. Mary and Frank were both on the call and asked that Mary be added to the employee payroll effective immediately with a weekly pay of $1,000. In addition, she instructed me that she would like business cards with the title "Assistant to the President". At that point I told her that I would let HR know. Frank then stated that he is the President and therefore HR did not need to be involved. Mary and Frank then proceeded to ask what my position with the Company was and I stated f am the new Corporate Controller and they responded that "oh, you replaced Kristian Barr" and that she looks forward to meeting me next week. is ttc ikr e.o cm Electronically Filed 07/05/2022 11:39/ NOTICE / CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH ATD_ESI_P RODJ301406 i I i i i > ATLANTIC TOOL & DIE COMPANY i t i ■ STAMPINGS 19963 PROGRESS DRIVE • STRONGSVILLE INDUSTRIAL PARK > CLEVELAND, OHIO 44149 ASSEMBLIES E N GINEERS ANP MAN'UFAMT U R E R S PROGRESSIVE DIES (440) 235-6931 * FAX NO. (440) I I To: Micha il Mehwald Decerr I0i18,2018 From: Frarj k Mehwald I I Michael Wj jhwald, I was surpflsed to discover that'i ou have made significant personnel char i at seven I company - iclllttes - without any c:pri5u|tation with me. Yqu are aware that ini ■ Hie iriujc dty shareholder, President, and CEO of the company and need to be Included pn such Imp irtant decisions. is a result of your cor tlnued efforts to bypass me and usurp rh ii|»'iiithority 11 m implemen Ing the following poll ies: '■ ■Alilil ■ AU miringand fir lug dec sfons must be sent to Frank Mehwald f r. j rior writ «n approval. | * Thtre will be no raises o' bonuses given to any employee of the c; m lany with ■Thsi Mitthe prior written approval of Frank F tehwald. I ’ Al domestic and interna tional travel for all senior management m ts: be approved In advance Frank Mehwald In wiring. i; •AllCapital ekpendititresT1 excess of $5,000.00 must be approved its dvance by Frank Mehwald ii writing. * AI expenses For entert< Inment including travel, event tickets an |) islness meats in excess of $200.00 must be approved of in advance by Frank Mehwald In n it ng. * T ;G. use of any co trips n y credit card or the issuance of any new ( etjit cards h U5t be approved Iiadvance fay Frank M ehwald in writing. If * Th *e will be no changer to the company health insurance oremj PI eebenefl pians without th ? prior written consen l of Frank Mehwald. ; > ■ Al expense reimbursement requests must be submitted and d«: |b cd on a company approved <;xpense report and cp >y given to Frank Mehwald. t I The policy set forth in this mem irandum shall be distributed to all key rj^nSgers at e|ach facility in:form that requires o ich manager to> acknowledge acknowji receipt of Frank Mehwald President and CEO, A Jh tic Tool & i: EXHIBIT I. Electronically Filed 01 ,05/2022 11:39/NOTjGIE / CV 20 931014 / Confirmation Nbr. 2592Il /BATCH Electronically Filed 09/26/2022 15:28 / ANSwERs I CV 22 961394 / Confirmation Nbr. 2661697 I BATCH MARY_ESI_PROD_000214 Confidential Mark 8. Fusco |fnfUsco@wafttfrhEtV.com DIRECT LINE 216.01fl.7639 I DIRECT FAX 216.916.2394 1301 E. Ninth St. | Soils 3300 Cleveland, CH 44114 December 19, 2018 VIA 3armruRar@atlaHli<;tooT.com ' Dan Frugal Atlantic Tool & Die Company Re: December 18, 2018 Memorandum Dear Mr. Prugar: Yesterday you and Jennifer Dumm were emailed a Memorandum from Frank Mehwald to be distributed to allkey managers at Atlantic Tool & Die. This Memorandum states in pertinent part that “There will be no raises or bonuses given to any employee of the company without the prior written approval of Frank Mehwald.” I also understand that you met with Bob Warren yesterday and you were going to provide him with a list of employees and officers who were to receive bonuses, together with a list of bonuses paid to date and a list of employees who were going to be terminated. You abruptly left die facility without providing this information. This evasive attempt to avoid the issues outlined in the Memorandum does not negate the feet that you are on notice that Michael Mehwald and all other management-level employees at Atlantic Tool & Die are prohibited from issuing any raises or bonuses to any employees without prior written approval from Frank Mehwald. You should not forget that Frank Mehwald is the President, CEO, and majority shardiolder of Atlantic Tool & Die Company. Should you or any other managerial employee ignore this company-wide directive, there may be consequences, including, but not limited to, disciplinary procedures. Very truly yours, ' Mark S. Fusco MSF/nbb {02757429-1} Electronically Filed 07/05/2022 11:39 / NOTICE / CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATCH ATD_ESI_PROD_001243 Confidential Prom:’Marie 6> Fuoco ffi> Date; Thu, Dao 20, £018,8:41 AM Subject: Bonus Checks Cc: Robert Warren ttoobwarrenfawl^narixo^8^ Mr Frugar, ■ . As a further fallow up to our corresponded be you ara to herd any bonus checks until Frank Meh watd has the opportunity to review and approve them fate afternoon. Again, no bonus cheeks era to be distributed Wwui his review and written consent. He and Mr Warren will ba at your office with a Uniterm ad officer thfa afternoon. Mark Fusco ' Sent with BlackBerry Work (www.blaokberrv.ooml EXHIBIT Electronically Filed 07/05/2022 11:39/NOTICE / CV20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 ■ I Confirmation Nbr. 2661697 / BATCH ATD_ESI_PROD_001249 From: Mary marymehtSroadrunnercorn Subject: Emails □ate:January 7,2019 at 5:23 PM To:Mike Mohwald rrtkomehwald@atlarrfictool.com As you know Franks emails ara sent directly to Nicole Qubaoz. Since Ntaole is your secretary and you know Frank Is out of town , what are you trying to de and with whom are (tying to communicate with, if not with Frank? Jennifer Durum just informed us ol some layoffs that happened last week that were neither approved by nor even brought to Franks attention prior. This is a direct contradiction to the Memorandum given to you, Dan Prugar, and Jennifer Dumm on Dec. 18,2018, You were well aware that Frank has not been in Ohio since Dec 31el, therefore receiving his email would he Impossible, This Is a blatant maneuver to usurp Franks authority. From this moment forward, all emails to Frank must be cc'd to ma. Thank you, Mary Mahwald Assistant to the President Sent from my iPhone i i i Electronically Filed 07/05/2022 11:39 / NOTICE /CV 20 931014 / Confirmation Nbr. 2592612 / BATCH Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BATC MARY_ESI_PROD_000217 From:Mary Mehwald marymeii@foadruhner.com Have not received Subject: January 9,2019 at S:S4 AM Date: To:Mike Mehwald mlkemehweld@artantfctool.com co:nlcoieg@atlantlctool.com Frank and 1 requested on Monday, Jan. 7, any emails sent to Nfcoie via Franks ATD entail to be forwarded to my email Maryrfteh@roadrunher.com . These Include all email since mid December 201B. As to this date we have received none. Mary Mehwald Assistant to the President and GEO Sent from my IPad EXHIBIT Electronically Filed 07/05/2022 11:39 / NOTICE / CV 20 931014 / Confirmation Nbr. 2592612 / BATC Electronically Filed 09/26/2022 15:28 / ANSWERS / CV 22 961394 / Confirmation Nbr. 2661697 / BAT MARY_ESI_PROD_000218 From: Mary Mahwald maryrneh@roacfrLinner.com Subject:Schedule. Date:January 15, 2019 at 8;54 AM To: Jennifer Dumm Jennifarclumm@atlanlictaol.com Jennifer, By legal order you > representing lire ATP HR department, are supposed to give us Michaels schedule In advance weekly. So far you have only provided his schedule once and that was only up to January 1. Today Is January 15, 2010 and we have received nothing from you. As head of HR you are responsible for this and this communication must be In a form that we receive. Please IMMEDIATELY send Mikes schedule for this week to this email. Thank you, Mary Mehwald Assistant to the President and CEO Sent from my IPad I i