On June 07, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Rios, Wilfredo,
and
Weatherchem Corporation,
for OTHER CIVIL
in the District Court of Summit County.
Preview
CV-2022-06-1871 O'BRIEN, TAMMY 11/03/2023 12:18:13 PM MLIM Page 1 of 4
IN THE COURT OF COMMON PLEAS
SUMMIT COUNTY, OHIO
WILFREDO RIOS, ) CASE NO. CV-2022-06-1871
)
Plaintiff, ) JUDGE TAMMY O’BRIEN
)
-vs- ) DEFENDANT’S MOTION IN LIMINE
) TO PRE-ADMIT EXHIBITS
WEATHERCHEM CORPORATION, )
)
Defendant. )
Defendant Weatherchem Corporation dba Mold-Rite Plastics (“Defendant” or “Mold-
Rite”) moves for an order in limine to pre-admit the following exhibits before the presentation of
evidence commences at trial:
Defendant’s Ex. A: 2017 Mold-Rite Employee Handbook (marked as Dep. Ex. B)
Defendant’s Ex. B: Wilfredo Rios’ signed receipt of Mold-Rite Employee Handbook
dated January 3, 2018 (marked as Dep. Ex. A)
Defendant’s Ex. G: Wilfredo Rios and Carol Rinder text message exchanges on
December 16, 2019 (marked as Dep. Ex. G)
Defendant’s Ex. J: Wilfredo Rios’ Mold-Rite Timecard for the week of March 14-20,
2021 (marked as Dep. Ex. 15)
Defendant’s Ex. N: Wilfredo Rios and Carol Rinder text message exchanges on
March 19, 2021 (marked as Dep. Ex. G)
Defendant’s Ex. GG: Text messages between Mr. Lapikas and Mr. Rios.
Mr. Rios confirmed in writing his receipt of the 2017 Mold-Rite Employee Handbook on
January 3, 2018. (Ex. M: Rios tr. 90:12-91:20; Dep. Ex. A and B). The 2017 Mold-Rite Employee
Handbook (Defendant’s Trial Ex. A) and Mr. Rios’ signed receipt for the 2017 Mold-Rite
Employee Handbook (Defendant’s Trial Ex. B) will meet the requirements for admission at trial.
(Ohio Evid. R. 803(6) and 901(A)).
Sandra Kurt, Summit County Clerk of Courts
CV-2022-06-1871 O'BRIEN, TAMMY 11/03/2023 12:18:13 PM MLIM Page 2 of 4
The Mold-Rite timecard for Plaintiff Wilfredo Rios for the week of March 14-29, 2021,
has been authenticated by Mr. Rios. (Dep. Ex. M: Rios tr. 149:4-13; Ex. 1: Gubanc tr. 60:16-19).
The Mold-Rite timecard for Plaintiff Wilfredo Rios for the week of March 14-29, 2021
(Defendant’s Trial Ex. J) will meet the requirements for admission at trial. (Ohio Evid. R. 803(6)
and 901(A)).
The screenshots of the text message exchange between Carol Rinder and Wilfredo Rios on
December 16, 2019 (Defendant’s Trial Ex. G) and March 19, 2021 (Defendant’s Trial Ex. N) have
been authenticated by Ms. Rinder and Mr. Rios. (Ex. 2: Rinder tr. 87:14-20; Dep. Ex. M: Rios tr.
160:5-22; Dep. Ex. G). Defendant’s Trial Ex. G and Defendant’s Trial Ex. N will meet the
requirements for admission at trial. (Ohio Evid. R. 901(A)).
Finally, Plaintiff requested that Brian Lapikas produce all text messages exchanged with
Plaintiff. Defendant engaged a forensic specialist, Gregory Cancilla, Director of Forensics with
Consilio, to meet with Mr. Lapikas, take temporary custody of Mr. Lapikas’ iPhone, and retrieve
and process all text messages between Mr. Lapikas and Plaintiff contained on Mr. Lapikas’ iPhone.
The Extraction Report is attached as Defendant’s Trial Ex. HH. The printout of the emails between
Mr. Lapikas is attached as Defendant’s Trial Ex. GG, and this printout was provided to Plaintiff at
Plaintiff’s request. Defendant’s Trial Ex. GG will meet the requirements for admission at trial.
(Ohio Evid. R. 901(A)).
Mold-Rite requests this order so that counsel may refer to those exhibits and display
portions of these exhibits during opening statements. Mold-Rite submits that the pre-admission of
these exhibits will assist the jury in understanding the evidence to be presented at trial and will not
prejudice any party to this action.
2
Sandra Kurt, Summit County Clerk of Courts
CV-2022-06-1871 O'BRIEN, TAMMY 11/03/2023 12:18:13 PM MLIM Page 3 of 4
Respectfully submitted,
/s/ Theodore M. Dunn, Jr.
THEODORE M. DUNN, JR. (0024195)
ELIZABETH A. CROSBY (0041433)
BUCKLEY KING LPA
1400 Fifth Third Center
600 Superior Avenue East
Cleveland, OH 44113
(ph.) 216-363-1400 • (fax) 216-579-1020
dunn@buckleyking.com
crosby@buckleyking.com
Counsel for Defendant
Weatherchem Corporation
3
Sandra Kurt, Summit County Clerk of Courts
CV-2022-06-1871 O'BRIEN, TAMMY 11/03/2023 12:18:13 PM MLIM Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on November 3, 2023, the foregoing was served via e-mail as follows:
Kami D. Brauer, Esq. (kami@employmentlawpartners.com)
Lydia Floyd, Esq. (lydia@lydiafloydlaw.com)
Counsel for Plaintiff
/s/ Theodore M. Dunn, Jr.
THEODORE M. DUNN, JR. (0024195)
10248946v2
4
Sandra Kurt, Summit County Clerk of Courts
Document Filed Date
November 03, 2023
Case Filing Date
June 07, 2022
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