Conference: ATLANTIC TOOL & DIE COMPANY, ET AL. vs. MICHAEL MEHWALD, ET AL.

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                                NAILAH K. BYRD
                                                  CUYAHOGA COUNTY CLERK OF COURTS
                                                                   1200 Ontario Street
                                                                  Cleveland, Ohio 44113




                                                             Court of Common Pleas


                                                                    REPEY BRIEF
                                                                 August 1,2022 14:21


                                                              By: JAY MILANO 0008204

                                                              Confirmation Nbr. 2615874



                ATLANTIC TOOL & DIE COMPANY, ET AL.                                       CV 22 961394

                        vs.
                                                                                 Judge:   DAVID T.MATIA
                MICHAEL MEH WALD, ET AL.




                                                                    Pages Filed: 3




             Electronically Filed 08/01/2022 14:21 / BRIEF / CV 22 961394 / Confirmation Nbr. 2615874 / BATCH
                                                    IN THE COURT OF           COMMON PLEAS
                                                         CUYAHOGA COUNTY, OHIO
                                                                  CIVIL DIVISION

                  THE ATLANTIC TOOL 6 DIE CO., et al.                   :        CASE NO.      CV 22 961394

                                    Plaintiff,                         :         JUDGE DAVID MATIA

                           v.                                          :

                  MICHAEL MEHWALD, et al.                              :

                                    Defendant.                         :

                         PLAINTIFFS’        RESPONSE TO THE CONNICK DEFENDANTS’                               MOTION TO
                        CONVERT TELEPHONIC CASE MANAGEMENT CONFERENCE TO AN IN­
                                           PERSON CASE MANAGEMENT CONFERENCE

                           Now    come    Plaintiffs,  The   Atlantic   Tool   6  Die   Company,     Frank    Mehwald,     and   Mary

                  Mehwald,      through    undersigned      counsel,    and   respectfully    submit    the  instant   Response      to

                  Defendants Thomas Connick, Esq. and Connick Law, LLC’s (“The Connick Defendants”) Motion

                  to  Convert     Telephonic     Case   Management        Conference      to  an  In-Person     Case   Management

                  Conference.

                           Plaintiffs,  through    counsel,   do   not  object   to the   August    29,  2022   Case   Management

                  Conference taking place in-person as opposed to telephonically. However, Plaintiffs object to the

                  stated basis   of The   Connick Defendants’        request insofar    as it is premised upon      “the  Receiver’s

                  participation in this litigation and considerations regarding same.”

                           On   July   1, 2022,    Judge   Michael    J.  Russo    issued   an  Order   sua   sponte   appointing     a

                  prejudgment receiver over ATD in           connection with Case No.        CV-20-931014, Michael Mehwald

                  v. Atlantic Tool 5 Die,     et al.




             Electronically Filed 08/01/2022 14:21 / BRIEF / CV 22 961394 / Confirmation Nbr. 2615874 / BATCH
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                           On   July  4,  2022,   ATD    filed  its Notice   of  Appeal    of the   July  1,  2022   Order,   thereby

                  divesting Judge Russo ofjurisdiction to take further action on the issue of the receivership pending

                  disposition of the appeal. See Horvath v. Packo,           6th Dist. Lucas No. L-11-1318, 2013-Ohio-56 at

                  b>5.

                           As  a result, the  court-appointed receiver, Myron Terlecky, Esq., was never sworn in as is

                  required pursuant to R.C.       §2735.03,   and he therefore cannot “enter[] upon his duties”           as receiver

                  unless/until the Eighth District affirms the July        1, 2022 Order at the conclusion of ATD’s appeal.

                           As   the   Connick     Defendants     are   involved    in  Case    No.   CV-20-931014,        they   were

                  unquestionably aware that Mr.         Terlecky has not yet been       sworn in as Receiver over ATD and,           as

                  a result, cannot act as Receiver over ATD pursuant to R.C.             §2735.03.

                           The   Connick Defendants’        July  26,  2022  Motion -     premised    upon the    participation   of a

                  Receiver who is legally unable to actually participate - is consistent with the Connick Defendants’

                  pattern of making unsupported and/or incorrect statements to the                Court that are merely designed

                  to “poison the well.”

                           For these reasons, ATD does not oppose an in-person Case Management Conference, but

                  objects to the Connick Defendants’         stated basis for requesting same.

                                                                                 Respectfully submitted,

                                                                                 ____     s/Jay Milano_______________
                                                                                 KATE PRUCHNICKI (0096368)
                                                                                 JAY MILANO (0008204)
                                                                                 Milano Attorneys at Law
                                                                                 MILANO LAW BUILDING
                                                                                 2639 Wooster Road
                                                                                 Rocky River, OH 44116-2911
                                                                                 P:  (440) 356-2828
                                                                                 F:  (440) 356-2873
                                                                                 Email: jm@milanolaw.com
                                                                                          kp@milanolaw.com
                                                                                 Attorneys for Plaintiffs


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                                                          CERTIFICATE OF SERVICE

                           I hereby certify that a true copy of the foregoing was           served by ordinary U.S.      Mail and/or
                  electronic mail on this      1st day of August 2022 upon all parties.



                                                                                 Respectfully submitted,



                                                                                 ____     /s/Jay Milano
                                                                                 JAY MILANO (0008204)
                                                                                 Attorney for Plaintiff




             Electronically Filed 08/01/2022 14:21 / BRIEF / CV 22 961394 / Confirmation Nbr. 2615874 / BATCH
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