Preview
Motion No. 5059990
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION FOR TEMPORARY RESTRAINING ORDER
January 13,2023 15:20
By: JOSEPH S. SIMMS 0066584
Confirmation Nbr. 2749042
FRANK J. GORI CV 23 973767
vs.
Judge: SHERRIE MIDAY
PAUL E. KIBBLER IV, ET AL.
Pages Filed: 50
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FRANK J. GORI ) CASE NO: CV-23-973767
)
Plaintiff ) JUDGE: SHERRIE MIDAY
)
v. )
) MOTION FOR TEMPORARY
PAUL E. KIEBLER, IV; et al ) RESTRAINING ORDER AND
) PRELIMINARY INJUNCTION
Defendants )
Defendants Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC
(“Capital”), Pepper Pike Acquisition, LLC, and Pepper Pike Staffing, LLC (“Staffing”) (three
corporate entities collectively, “PPCP”) (altogether, the “Defendants”), pursuant to Civ.R.
65(A) & (B), respectfully requests a Temporary Restraining Order restraining and enjoining
Plaintiff Frank J. Gori (“Plaintiff” or “Gori”) from pursuing this litigation (i) by ordering
Plaintiff to dismiss his complaint and (ii) by ordering Plaintiff to seal the record in this matter.
Defendant also requests, pursuant to Civ.R. 65(A) & B, a Preliminary Injunction Order that
would preserve the status quo and avoid causing further irreparable injury to Defendants
during the pendency of this litigation. A Memorandum in Support is attached hereto and
incorporated herein.
Respectfully submitted,
/s/ Joseph S. Simms___________
ANDREW J. DORMAN (0063410)
JOSEPH S. SIMMS (0066584)
JACK MAIB (0098846)
REMINGER CO., L.P.A.
101 Prospect Avenue West, Suite 1400
Cleveland, Ohio 44115-1093
P: 216-687-1311 phone/F: 216-687-1841 fax
Emails: adorman@reminger.com
jsimms@reminger.com
jmaib@reminger.com
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CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing was served upon all
parties through this Court's electronic filing system, and additionally served upon the
following via email this 13th day of January, 2023:
Stephen Zashin
Zashin & Rich
Ernst & Young Tower
950 Main Avenue, 4th Floor
Cleveland, Ohio 44113
p: 216.696.4441 f: 216.696.1618
E: ssz@zrlaw.com
/s/ Joseph S. Simms___________
JOSEPH S. SIMMS (0066584)
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FRANK J. GORI ) CASE NO: CV-23-973767
)
Plaintiff, ) JUDGE: SHERRIE MIDAY
)
v. )
)
PAUL E. KIEBLER, IV; et al )
)
Defendants )
MEMORANDUM IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING
ORDER AND PRELIMINARY INJUNCTION
I. INTRODUCTION
This case for injunctive relief arises from Plaintiff’s improper filing of a frivolous
complaint on January 13, 2023.
By email dated January 4, 2023, Plaintiff threatened to file—on January 13, 2023—
his complaint against Defendants unless Defendants provide Plaintiff with a “significant
offer.” Plaintiff’s complaint, however—which is, in essence, a breach of contract claim with
additional claims pled in the alternative—was replete with disparaging, immaterial,
impertinent, and indecent allegations. Most egregiously, Plaintiff sought to file his claims
against dozens of entities that are not parties to the alleged contract or facts at issue.
In order to curtail Plaintiff’s frivolous filing and abuse of the judicial system as an
avenue to harass and burden Defendants, after their counsel attempted - to no avail - to
communicate with Gori’s counsel, Defendants filed, on January 12, 2023, in the Geauga
County Court of Common Pleas (“Geauga Court”), a (i) Verified Complaint and (ii) Motion
for Temporary Restraining Order and Preliminary Injunction with a Proposed Order
(“Motion”). Defendants sought injunctive relief enjoining Plaintiff from filing his threatened
complaint until the Geauga County Court of Common Pleas had the opportunity to review
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the complaint in camera and make a determination as to the propriety of the allegations, claims
and identified defendants. That same day, at 5:34 p.m., undersigned counsel served a copy of
Defendants’ Verified Complaint and Motion to Plaintiff’s counsel, Stephen Zashin.
At this point, Plaintiff’s proper venue for recourse was the Geauga County Court of
Common Pleas. However, in a clear-cut attempt to make an end-run around that Court - and
in blatant disregard of the relief sought therein - Plaintiff filed his complaint in this Court,
asserting the scandalous and improper allegations Defendants sought to prohibit, and naming
the numerous defendants who have no place in this litigation other than to bolster Plaintiff’s
efforts to burden and harass moving Defendants.
For these reasons and the reasons discussed below, Defendants are entitled to issuance
of an immediate Temporary Restraining Order, and a separate Order granting Defendants’
request for a preliminary injunction to preserve the status quo pending final disposition of this
matter on the merits in Geauga County.
II. FACTUAL BACKGROUND
A. Plaintiff Threatens to File a Frivolous Complaint Against Defendants and Dozens
of Unaffiliated Entities Unless Defendants Provide Plaintiff with a “Significant
Offer.”
On January 4, 2023, Plaintiff threatened to file suit1 against Defendants and twenty-
nine (29) additional parties unless they provided Plaintiff with a “significant offer.” (Ex. A,
Zashin January 4, 2023 Email.) The draft complaint that Plaintiff sent to Defendants’
undersigned counsel contains unfounded allegations, disparaging statements that are not1
1 Plaintiff’s allegations arise from an employment agreement dispute. In August 2020, Plaintiff joined PPCP
without any signed contract and was paid as a W-2 employee of Staffing. Plaintiff would continue as a W-2
employee from August 2020 to June 2021, at which time he resigned from Staffing. Plaintiff’s tenure at Staffing,
while short in length, was riddled with misconduct and unacceptable job performance and work ethic. Plaintiff’s
allegations pertain to an alleged agreement regarding Plaintiff’s compensation while employed at Staffing.
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grounded in fact, and include dozens of entities that are not parties to any alleged contract at
issue or involved in any way in the facts presented in Plaintiff’s draft complaint. Plaintiff’s
inclusion of entities that are not parties to the alleged contract or facts at issue was done with
the purpose of burdening Defendants and leveraging a “significant offer.”
B. To Curtail Plaintiff's Abuse of the Judicial System, Defendants File a Complaint
and TRO in the Geauga County Court of Common Pleas.
Defendants, unwilling to allow Plaintiff to abuse the judicial system for the purpose of
leveraging an offer from Defendants, took action. On January 12, 2023 - after having
attempted to communicate with Plaintiff’s counsel to no avail - Defendants filed a (i) Verified
Complaint and (ii) Motion for Temporary Restraining Order and Preliminary Injunction in
the Geauga County Court of Common Pleas—Geauga County being the appropriate venue
because Plaintiff resides in Geauga County. (Ex. B, Verified Complaint & Ex. C, Motion for
Temporary Restraining Order and Preliminary Injunction).
Defendants filed their Motion, seeking to have the Geauga Court review Plaintiff’s
threatened complaint—in camera—before Plaintiff filed his complaint so that, after review,
the Geauga Court may either: (i) enjoin Plaintiff from filing his claims against specific,
unaffiliated entities, or (ii) strike all immaterial, frivolous, and irrelevant matters, including
striking all allegations pertaining to those specific, unaffiliated entities. Additionally,
Defendants’ Verified Complaint sought a declaratory judgment, seeking a judicial
determination that there was no enforceable contract between Defendants and Plaintiff, or,
in the alternative, to the extent the Court finds an enforceable contract, that there was no
breach by Defendants. Then, Plaintiff would have had an opportunity to fully and fairly
litigate his claims—against the appropriate parties—without being able to harass Defendants.
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At 5:34 p.m. on January 12, 2023, undersigned counsel served Plaintiff’s counsel via
email Defendants’ Verified Complaint and Motion. (Ex. D, Simms January 12, 2023 Email).
C. Plaintiff Improperly Ignores Defendants' Pleadings and Files in This Court.
Plaintiff, instead of seeking recourse in the proper venue (Geauga County), improperly
filed his Complaint in this Court on January 13, 2023 at 9:15 am, a mere 16 hours after
receiving—and not responding to—Attorney Simms’ email regarding Defendants’ Verified
Complaint and Motion in the Geauga Court.
III. LAW & ARGUMENT
A. Standard for Preliminary Injunction
It is well settled that the purpose of a TRO under Rule 65 is "to preserve the status quo
so that a reasoned resolution of a dispute may be had." Smith v. Ohio High SchoolAth. Assn.,
C.P. No. 2019 CV02419, 2020 Ohio Misc. LEXIS 5028, at *1 (Jan. 13, 2020) When
considering a motion for preliminary injunction, courts consider the following four factors:
(1) whether there is a substantial likelihood that the party will prevail on the merits; (2)
whether the party will suffer irreparable injury if that injunction is not granted; (3) whether
third parties will be unjustly harmed if the injunction is granted; and (4) whether the
public interests will be served by the injunction. Crestmont Cadillac Corp. v. GMC, 8th Dist. No.
83000, 2004-Ohio-488, 2004 Ohio App. LEXIS 485, P. 28 (Ct. App.); see also Tumblebus Inc.
v. Cranmer, 399 F.3d 754, 760 (6th Cir. 2005); Dominic’s Rest. OfDayton, Inc. v. Mantia, 2009
U.S. Dist. LEXIS 59310, at *5-6 (S.D. Ohio June 24, 2009). As set forth below, all four factors
point in favor of granting Defendants’ request for a temporary injunctive relief.
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B. The Injunction is Necessary to Preserve the Status Quo.
As set forth in Defendants’ Verified Complaint and Motion,2 under Rule 11, a trial
court has the power to enjoin a plaintiff from filing a frivolous pleading. (Ex. B & C). Ohio
Civ. R. 11 (explaining that a document "may be stricken as sham and false" if it is "scandalous
or indecent"); see also, Oilman v. Thomas, 99 F.3d 807, 811 (6th Cir. 1996) ("it is permissible to
require one who has abused the legal process to make a showing that a tendered lawsuit is
not frivolous or vexatious before permitting it to be filed"). Additionally, under Rule 12(F), a
trial court may strike immaterial, impertinent and scandalous matters. Ohio Civ. R. 12(F)
("the court may order stricken from any pleading . . . immaterial, impertinent, or scandalous
matter").
Defendants, by filing their Verified Complaint and Motion in Geauga County, sought
to have a court of competent jurisdiction determine which, if any, of the parties in Plaintiff’s
draft complaint would appropriately be included in a lawsuit. In sum, Defendants sought to
preserve the status quo so that a reasoned resolution of a dispute would be had, rather than
an abuse of the judicial system to unduly burden and harass Defendants. Defendants notified
Plaintiff of such, by emailing Plaintiff’s counsel a copy of the pleadings. (Ex. D.)
Plaintiff, instead of seeking recourse in the proper venue (Geauga Court), improperly
filed his Complaint in this Court on January 13, 2023, a mere 16 hours after receiving—and
not responding to—Attorney Simms’ email regarding Defendants’ Verified Complaint and
Motion in Geauga County. Plaintiff’s actions were purposely done with knowledge that
Defendants filed their pleadings in Geauga County, and with knowledge of what relief
Defendants requested, with the intention of making an end-run around that Court - and in
2 Defendants hereby incorporate by reference the arguments raised in their Motion as if fully restated here.
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blatant disregard of the relief sought therein. In sum, Plaintiff sought to disrupt the status quo,
and improperly use this Court to irreparably harm Defendants herein.
This Court has the authority to grant Defendants’ request to preserve the status quo—
and allow the Geauga County court to rule on Defendants’ Motion—by mandating Plaintiff
withdraw his complaint. Indeed, “[a] temporary restraining order may be mandatory in
nature requiring an affirmative act be done since the maintenance of the status quo may
require the doing of a positive act or the undoing of an act which has already been completed. ”
MIKE LAPINE, INC. v. CLEVELAND Business SHOW, INC., 8th Dist. Cuyahoga No. 50028,
1986 Ohio App. LEXIS 6131, at *13-14 (Mar. 27, 1986). Moreover, Plaintiff should be
ordered in connection with withdrawing the Complaint to seek to have all record of it sealed
and/or expunged as the case may be.
To be clear, Defendants are not disputing Plaintiff’s right to file his complaint. Instead,
Defendants seek to have this Court keep Plaintiff from using the judicial system as a means
to harass and tortiously interfere with Defendants’ business through his lawsuit, as well as
from using this Court to circumvent Defendants’ requests currently pending in Geauga
County.
IV. CONCLUSION
For the reasons set forth above, this Court should (i) order Plaintiff to dismiss his
complaint and (ii) order Plaintiff to take whatever steps are necessary to have the record of its
filing sealed or expunged.
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Respectfully submitted,
/s/ Joseph S. Simms________
ANDREW J. DORMAN (0063410)
JOSEPH S. SIMMS (0066584)
JACK MAIB (0098846)
REMINGER CO., L.P.A.
101 Prospect Avenue West, Suite 1400
Cleveland, Ohio 44115-1093
P: 216-687-1311 phone
F: 216-687-1841 fax
Emails: adorman@reminger.com
jsimms@reminger.com
jmaib@reminger.com
Counselfor Defendants
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CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing was served upon all
parties through this Court's electronic filing system, and additionally served upon the
following via email this 13th day of January, 2023:
Stephen Zashin
Zashin & Rich
Ernst & Young Tower
950 Main Avenue, 4th Floor
Cleveland, Ohio 44113
p: 216.696.4441 f: 216.696.1618
E: ssz@zrlaw.com
/s/ Joseph S. Simms___________
JOSEPH S. SIMMS (0066584)
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CERTIFICATE OF COUNCIL
I, Joseph S. Simms, hereby certify that I have notified the Plaintiff in the above
captioned action of the Plaintiff's motion for temporary restraining order by the following
methods:
1. By e-mailing to Defendant's counsel, Stephen Zashin, a service copy of the Motion
for Temporary Restraining Order and Preliminary Injunction.
Executed: January 13, 2023 /s/ Joseph S. Simms
JOSEPH S. SIMMS (0066584)
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FRANK J. GORI ) CASE NO: CV-23-973767
)
Plaintiff )
) JUDGE: SHERRIE MIDAY
v. )
)
PAUL E. KIEBLER, IV; et al )
)
Defendants ) TEMPORARY RESTRAINING
)
ORDER
)
Defendants Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC
(“Capital”), Pepper Pike Acquisition, LLC, and Pepper Pike Staffing, LLC (“Staffing”) (three
corporate entities collectively, “PPCP”) (altogether, the “Defendants”) have filed a Motion
for Preliminary Injunction and Temporary Restraining Order (the “Motion”). Based on the
information described in the Motion, this Court finds that Defendants will be irreparably
harmed if the Plaintiff is not temporarily restrained and enjoined as set forth herein.
Specifically, pursuant to Civ.R. 65(A), this Court hereby finds that Defendants will be
irreparably injured if Plaintiff is not restrained and enjoined from: pursuing his claim in the
Cuyahoga County Court of Common Pleas, Case No. CV-23-973767, during the pendency
of Defendants’ action in the Geauga County Court of Common Pleas, Case No. 23M000018,
currently before Judge Carolyn J. Paschke. The allegations in the Motion identifying the
irreparable injury to Defendants are supported by probable and reliable evidence.
Therefore, Defendants’ Motion as to its request for a temporary restraining order is
hereby GRANTED.
IT IS SO ORDERED that, during the pendency of this Order, Plaintiff be restrained
and enjoined from the following:
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1. Pursing his action in Case No. CV-23-973767 by:
a. Dismissing his Complaint; and
b. Filing a motion for the records in this matter to be sealed.
IT IS FURTHER ORDERED that this Order is effective for fourteen days
pursuant to Civ.R. 65, until , 2023 at o'clock unless within
such time the Order is extended or unless Defendant consents that it may be extended
for a longer period.
IT IS FURTHER ORDERED that Plaintiff's Motion shall come for a hearing
before this Court on , 2023 at o'clock .
Given the evidence demonstrated in the Verified Complaint and Motion,
Plaintiffs shall not be required to post a bond or other security pursuant to Civ.R.
65(C).
IT IS SO ORDERED.
Date:
cc: Stephen Zashin (counsel for Defendant Frank J. Gori)
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EXHIBIT A
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Jack Maib
From: Stephen S. Zashin
Sent: Wednesday, January 4, 2023 2:29 PM
To: Andrew J. Dorman
Cc: Lisa A. Kainec ; Charlotte A. Reed
Subject: Gori - Complaint & Exhibits attached
Importance: High
Andy:
Attached is the Complaint we intend to file on Jan 13, 2023. If your clients wish to make a significant offer, we will
consider postponing the filing. Please let me know your clients' position no later than January 12, 2023 by COB.
Thanks.
Stephen
i '
Stephen S. Zashin
OSBA Certified Specialist
Labor & Employment Law
Ernst & Young Tower
950 Main Avenue, 4th Floor
Cleveland, Ohio 44113
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB
1
p: 216.696.4441 f: 216.696.1618
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This email and any attachments contain confidential information from the law firm of Zashin & Rich Co., L.P.A. They
are intended only for viewing by the named recipient. If that is not you, do not read this email, and notify Zashin & Rich
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2
EXHIBIT B
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IN THE COURT OF COMMON PLEAS
GEAUGA COUNTY, OHIO
PAUL E. KIEBLER, IV ) CASE NO:
2916 Nottingham Lane )
Hunting Valley, OH 44022 )
) JUDGE:
and )
)
PEPPER PIKE CAPITAL )
PARTNERS, LLC )
200 Park Avenue, Suite 410 )
PLAINTIFFS' VERIFIED
Orange, OH 44122 )
COMPLAINT FOR
)
DECLARATORY JUDGMENT
and )
) AND INJUNCTIVE RELIEF
PEPPER PIKE ACQUISITION, LLC )
200 Park Avenue, Suite 410 )
Orange, OH 44122 )
)
and )
)
PEPPER PIKE STAFFING, LLC )
200 Park Avenue, Suite 410 )
Orange, Ohio 44122 )
)
Plaintiffs, )
)
v. )
)
FRANK J. GORI )
7325 Calley Lane )
Novelty, OH 44072 )
)
Defendant. )
This Verified Complaint is brought against Defendant Frank J. Gori (“Defendant” or
“Gori”) by Plaintiffs Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC
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(“Capital”), Pepper Pike Acquisition, LLC (“Acquisition”), and Pepper Pike Staffing, LLC
(“Staffing”) (Capital, Acquisition and Staffing are referred to herein collectively as “PPCP,”
and, together with Kiebler, as “Plaintiffs”). The allegations in this Complaint are based on
Plaintiffs’ knowledge, information and belief, and they state and aver as follows:
THE PARTIES
1. Kiebler is an individual residing in Hunting Valley, Ohio and at all relevant
times has been a resident of the State of Ohio. Kiebler is the founder, chairman, and CEO of
the PPCP entities.
2. Capital is an Ohio corporation with its principal place of business in Cuyahoga
County, Ohio. Capital is in the business of residential apartment acquisitions, re
development, and resale for investment.
3. Acquisition is an Ohio corporation with its principal place of business in
Cuyahoga County, Ohio.
4. Staffing is an Ohio corporation with its principal place of business in Cuyahoga
County, Ohio. Staffing employs the PPCP personnel.
5. Defendant Gori is an individual residing in Novelty, Ohio and at all relevant
times has been a resident of the State of Ohio. Defendant Gori seeks to file a complaint against
Plaintiffs, dozens of entities owned and operated by Kiebler, and other entities wholly
unrelated to any dispute that may exist between Plaintiffs and Defendant, all with the sole
purpose of harassing, embarrassing, and causing harm to Plaintiffs and to Plaintiffs’ business
and reputation, and to the investors, bankers and employees with whom Plaintiffs interact.
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JURISDICTION AND VENUE
6. Plaintiffs reallege and reaver each and every allegation contained in the above
paragraphs as if fully rewritten herein.
7. Venue is proper pursuant to Civ.R. 3(C)(1) because the Defendant resides in
this county.
8. The Court has subject matter over Plaintiffs’ claims.
9. This Court has personal jurisdiction over Defendant.
NATURE OF THE CASE
10. This case arises out of Defendant’s threats to file a frivolous complaint against
dozens of entities that are in no way involved in any of the allegations presented in
Defendant’s threatened complaint. In essence, Defendant is seeking to file a complaint based
on an alleged breach of contract, but, in an attempt to improperly use this Court to burden
Plaintiffs, Defendant simultaneously seeks to add dozens of defendants who are not parties
to the alleged contract and are in no way involved in the facts at issue. The proposed
complaint is so inflammatory and improper that it is not being attached hereto, but rather will
be provided to the Court for inspection in camera.
11. Upon information and belief, Defendant intends to file this complaint for the
sole purpose of harassing, embarrassing, and causing harm to Plaintiffs and to Plaintiffs’
business and reputation, and to the investors, bankers and employees with whom Plaintiffs
interact in an improper attempt to induce Plaintiffs to pay Defendant what he alleges he is
owed, notwithstanding the lack of merit to his claims.
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FACTS
Gori Joins PPCP
12. Plaintiffs reallege and reaver each and every allegation contained in the above
paragraphs as if fully rewritten herein.
13. The PPCP entities are in the business of residential apartment acquisitions, re
development, and resale for investment, and the business operations associated therewith.
Specifically, the PPCP entities engage in the acquisition, construction, development, and
property management of residential apartment buildings in the Midwestern United States.
Kiebler is the founder, chairman, and CEO of the PPCP entities, having been in the industry
since the age of 16.
14. Gori, a former neighbor of Kiebler, was formerly employed as a senior partner
at Ernst & Young in Columbus.
15. In July 2020, Gori and Kiebler entered into discussions regarding Gori's
potential employment with Staffing to perform services for Capital. These discussions were
largely precipitated by Gori, who began pursuing the issue as early as the summer of 2019.
Kiebler had concerns that Gori did not understand the multi-use apartment industry given the
fact that Gori had only worked as an accountant. Nevertheless, Gori assured Kiebler that he
could assist and make a difference.
16. Based on that understanding, Kiebler ultimately agreed to bring Gori on as the
“chief operating officer” on a trial basis to assist in managing the business and underlying
properties.
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17. On July 31, 2020, Gori signed off on the terms of the Employee Handbook
thereby acknowledging his "at-will” employment status. On, or about August 3, 2020, Gori
joined Staffing without any signed contract and was paid as a W-2 employee of Staffing.
Gori Leaves PPCP Following Misconduct
18. Gori's employment at Staffing was riddled with misconduct and poor work
performance.
19. From the moment he started as an at-will employee in August 2020 through
May 2021, Gori spent countless hours attending Zoom hearings, depositions, responding to
discovery requests and providing testimony in a hotly contested divorce with his former wife,
Carole C. Gori, an attorney in the District of Columbia.
20. Additionally, Gori's work performance at Staffing became unacceptable during
his short tenure.
21. Between Gori's start date on August 3, 2020 and his resignation in June 2021,
Gori engaged in multiple instances of misconduct. Specifically, while employed by Staffing,
over the course of less than a year, Gori spent countless hours in his closed office, managing
his own divorce, planning his birthday party weekend, purchasing multiple automobiles, and
opening up three other businesses.
22. Less than one year into his employment with Staffing, Gori resigned in June
2021.
23. During that time, Gori brought no new business to the table. He was simply
tasked with managing a business that Kiebler had successfully managed for decades.
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Gori Resigns and Threatens to Use the Judicial System to Harass Plaintiffs
24. Two months after Gori's resignation (during which Gori continued to receive
severance payments from Staffing), Kiebler met with Gori on or about August 13, 2021 to
discuss the logistics of Gori's exit from Staffing. While Kiebler wanted to discuss an amicable
resolution, Gori would hear none of it, and instead yelled in Kiebler's face that Gori was
owed millions of dollars.
25. Well over a year later, on January 4, 2023, Gori threatened to file suit against
Plaintiffs and twenty-nine (29) additional parties1 unless they provided Gori with a
“significant offer.”
26. 2, sent by Gori to Plaintiffs' undersigned counsel, contains
The draft complaint1
unfounded allegations, disparaging statements that are not grounded in fact, and include
dozens of entities that are not parties to any alleged contract at issue or involved in any way
in the facts presented in Gori's draft complaint.
27. A cursory review of Gori's draft complaint shows that his allegations amount
to a simple breach of contract claim with various claims pled in the alternative regarding an
alleged agreement regarding terms of Gori's compensation while employed at Staffing.
Defendant's inclusion of entities that are not parties to the alleged contract was done with the
sole purpose of burdening and irreparably harming Plaintiffs in an effort to leverage a
“significant offer.”
28. Gori's complaint as drafted would be grossly inappropriate, irreparably
harmful and a waste of judicial resources.
1 Including 5 “Doe LLCs”.
2 As noted above, a copy of the threatened complaint will be tendered to the Court in camera.
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COUNTI
(Declaratory Judgment)
29. Plaintiffs reallege and reaver each and every allegation contained in the above
paragraphs as if fully rewritten herein.
30. Defendant joined Staffing without any signed written contract as an “at-will”
W-2 employee, and, less than a year into his employment, Defendant resigned from his
position.
31. Plaintiffs specifically seek a declaration from this Court that there was no
enforceable contract between Plaintiffs and Gori, or, to the extent this Court finds that there
is an enforceable contract between Plaintiffs and Gori, a declaration that there was no breach
by Plaintiffs.
COUNT II
(Injunctive Relief)
32. Plaintiffs reallege and reaver each and every allegation contained in the above
paragraphs as if fully rewritten herein.
33. Defendant’s threatened complaint is improper as a matter of law, insofar as it
contains inflammatory, frivolous, immaterial, impertinent and scandalous allegations against
Plaintiffs, and names dozens of other entities, without so much as an allegation of wrongdoing
against them, and despite the fact that such entities are and were in no way involved in the
facts giving rise to the dispute between Plaintiffs and Defendant.
34. Defendant’s threatened complaint is intended to cause Plaintiffs irreparable
injury and harm, and was proffered with the sole purpose of harassing, embarrassing, and
causing harm to Plaintiffs and to Plaintiffs’ business and reputation, and to the investors,
bankers and employees with whom Plaintiffs interact in an improper attempt to induce
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737677/ Confirmation Nbr. 2749042 / CLMHB
Plaintiffs to pay Defendant what he alleges he is owed, notwithstanding the lack of merit to
his claims.
35. Plaintiffs will be irreparable harmed unless this Court issues a temporary
restraining order and a preliminary and permanent injunction prohibiting Defendant from
filing his threatened complaint as drafted absent prior Court approval to ensure all immaterial,
impertinent, and scandalous matters have been stricken, and all entities that are not parties to
the alleged contract at issue are removed.
WHEREFORE, for the foregoing reasons, Plaintiffs respectfully pray for the following
orders, judgments, and relief:
1. A declaration that:
a. There was no enforceable contract between Plaintiffs and
Defendant; or, in the alternative, to the extent this Court finds an
enforceable contract between Plaintiffs and Gori
b. There was no breach by Plaintiffs;
2. A temporary restraining order and a preliminary and permanent
injunction prohibiting Defendant from filing his threatened complaint
as drafted absent prior Court approval to ensure all immaterial,
impertinent, and scandalous matters have been stricken, and all entities
that are not parties to the alleged contract at issue are removed:
3. Judgment in favor of Plaintiffs for their costs and attorney’s fees; and
4. Such other relief as this Court may deem appropriate.
Date: January 12, 2023
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737618/ Confirmation Nbr. 2749042 / CLMHB
Respectfully submitted,
/s/ Joseph S. Simms__________
ANDREW J. DORMAN (0063410)
JOSEPH S. SIMMS (0066584)
JACK MAIB (0098846)
REMINGER CO., L.P.A.
101 Prospect Avenue West, Suite 1400
Cleveland, Ohio 44115-1093
P: 216-687-1311 phone
F: 216-687-1841 fax
Emails: adorman@reminger.com
jsimms@reminger.com
jmaib@reminger.com
Counselfor Plaintiffs
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 97376/9/ Confirmation Nbr. 2749042 / CLMHB
VERIFICATION
I, Paul E. Kiebler IV, being duly sworn, declare that I have read the foregoing Verified
Paul E. Kiebler IV
Subscribed and sworn to before me on this j L day of J 2023.
HARPREET KAUR
Notary Public
State of Indiana
Commission No. NP0725774
My Commission Expires
March 11, 2028
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB
INSTRUCTIONS TO THE CLERK
Please issue service of the Summons and Complaint via Certified U.S. Mail upon the
following Defendants at the addresses listed above.
/s/ Joseph S. Simms___________
JOSEPH S. SIMMS (0066584)
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737671 Confirmation Nbr. 2749042 / CLMHB
EXHIBIT C
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB
IN THE COURT OF COMMON PLEAS
GEAUGA COUNTY, OHIO
PAUL E. KIEBLER, IV; et al ) CASE NO:
)
)
Plaintiffs, ) JUDGE:
)
v. )
)
FRANK J. GORI )
) MOTION FOR TEMPORARY
Defendant. )
RESTRAINING ORDER AND
)
PRELIMINARY INJUNCTION
)
)
Plaintiffs Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC
(“Capital”), Pepper Pike Acquisition, LLC (“Acquisition”), and Pepper Pike Staffing, LLC
(“Staffing”) (three corporate entities collectively, “PPCP”) (together with Kiebler, the
“Plaintiffs”) respectfully move this Court for a temporary restraining order and preliminary
injunction under Ohio Rules of Civil Procedure 11, 12(F), and 65 to prohibit Defendant Frank
J. Gori ("Gori") from filing a frivolous complaint1 against dozens of entities, numerous of
which are not even affiliated with Plaintiffs, without prior Court approval, or, in the
alternative, have this Court review the proffered pleading and strike all immaterial,
1 The proposed complaint is so inflammatory and improper that it is not being attached hereto, but rather will
be provided to the Court for inspection in camera.
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB
impertinent, and scandalous matters, including striking all entities that are not parties to the
alleged contract at issue.2
As set forth below, Gori is not entitled to use this Court to pursue frivolous and
malicious claims against dozens of entities that are irrelevant to this matter, or to make false
statements for the sole purpose of harassing, embarrassing, and causing irreparable harm to
Plaintiffs and to Plaintiffs’ business, reputation, and investors, bankers and employees with
whom Plaintiffs interact. Gori’s Complaint that he has threatened to file does just that by
attempting to bring suit against thirty-three (33) entities—some of which are not even affiliated
with Plaintiffs, and almost all of which had nothing to do with the events in dispute—for what
is, in essence, a breach of contract claim, with additional claims, based on the same nucleus
of operative facts, pled in the alternative.
Plaintiffs request that this Court, pursuant to its powers under the Ohio Rules of Civil
Procedure, review the pleading drafted by Gori and either (i) enjoin Gori from filing his claims
against the above-identified entities, or (ii) strike all immaterial, frivolous, and irrelevant
matters, including striking all allegations pertaining to the above-identified entities.
2 Plaintiffs specifically request Gori be barred from pursuing his claims against, or at a minimum, have this court
strike Gori’s drafted claims against, the following parties: Pepper Pike Construction, LLC; Pepper Pike
Acquisitions, LLC; Pepper Pike Acquisition Associates, LLC; Pepper Pike Property Management, LLC; Pepper
Riverbend Promote, LLC; Pepper Warren Harbor Promote, LLC; Camelot East Holdings, LLC; Farmington
Promote, LLC; Hines Park Promote, LLC; Plymouth Promote, LLC; Riverbend Promote Investors, LLC;
Riverbend Promote, LLC; Southgate Green Promote, LLC; Town and Country Promote, LLC; Warren Harbor
Promote, LLC; Nottingham Foundation Promote, LLC; Fountain Parc Promote, LLC; Mount Prospect Green
Owner, LLC; Woodlands Equity Holder, LLC; 9 on Canal Promote, LLC; Residences 56 Ventures, LLC;
Mavgun, LLC; PJK Family Management, LLC; Nottingham Racing, LLC and Suffolk Acquisition, LLC, DOE
LLC #1 NAME UNKNOWN, DOE LLC #2 NAME UNKNOWN, DOE LLC #3 NAME UNKNOWN,
DOE LLC #4 NAME UNKNOWN and DOE LLC #5 NAME UNKNOWN.
These entities are (i) not parties to the alleged contract(s) at issue nor (ii) relevant in any of the facts presented in
Gori’s draft complaint, and as such, Gori’s attempt to add these nonparties to a simple breach of contract issue
is inappropriate and contrary to Ohio law.
Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737612/ Confirmation Nbr. 2749042 / CLMHB
Respectfully submitted,
/s/ Joseph S. Simms___________
ANDREW J. DORMAN (0063410)
JOSEPH S. SIMMS (0066584)
JACK MAIB (0098846)
REMINGER CO., L.P.A.
101 Prospect Avenue West, Suite 1400
Cleveland, Ohio 44115-1093
P: 216-687-1311 phone
F: 216-687-1841 fax
Emails: adorman@reminger.com
jsimms@reminger.com
Preview
Motion No. 5059990 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION FOR TEMPORARY RESTRAINING ORDER January 13,2023 15:20 By: JOSEPH S. SIMMS 0066584 Confirmation Nbr. 2749042 FRANK J. GORI CV 23 973767 vs. Judge: SHERRIE MIDAY PAUL E. KIBBLER IV, ET AL. Pages Filed: 50 Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FRANK J. GORI ) CASE NO: CV-23-973767 ) Plaintiff ) JUDGE: SHERRIE MIDAY ) v. ) ) MOTION FOR TEMPORARY PAUL E. KIEBLER, IV; et al ) RESTRAINING ORDER AND ) PRELIMINARY INJUNCTION Defendants ) Defendants Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC (“Capital”), Pepper Pike Acquisition, LLC, and Pepper Pike Staffing, LLC (“Staffing”) (three corporate entities collectively, “PPCP”) (altogether, the “Defendants”), pursuant to Civ.R. 65(A) & (B), respectfully requests a Temporary Restraining Order restraining and enjoining Plaintiff Frank J. Gori (“Plaintiff” or “Gori”) from pursuing this litigation (i) by ordering Plaintiff to dismiss his complaint and (ii) by ordering Plaintiff to seal the record in this matter. Defendant also requests, pursuant to Civ.R. 65(A) & B, a Preliminary Injunction Order that would preserve the status quo and avoid causing further irreparable injury to Defendants during the pendency of this litigation. A Memorandum in Support is attached hereto and incorporated herein. Respectfully submitted, /s/ Joseph S. Simms___________ ANDREW J. DORMAN (0063410) JOSEPH S. SIMMS (0066584) JACK MAIB (0098846) REMINGER CO., L.P.A. 101 Prospect Avenue West, Suite 1400 Cleveland, Ohio 44115-1093 P: 216-687-1311 phone/F: 216-687-1841 fax Emails: adorman@reminger.com jsimms@reminger.com jmaib@reminger.com Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing was served upon all parties through this Court's electronic filing system, and additionally served upon the following via email this 13th day of January, 2023: Stephen Zashin Zashin & Rich Ernst & Young Tower 950 Main Avenue, 4th Floor Cleveland, Ohio 44113 p: 216.696.4441 f: 216.696.1618 E: ssz@zrlaw.com /s/ Joseph S. Simms___________ JOSEPH S. SIMMS (0066584) Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FRANK J. GORI ) CASE NO: CV-23-973767 ) Plaintiff, ) JUDGE: SHERRIE MIDAY ) v. ) ) PAUL E. KIEBLER, IV; et al ) ) Defendants ) MEMORANDUM IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION I. INTRODUCTION This case for injunctive relief arises from Plaintiff’s improper filing of a frivolous complaint on January 13, 2023. By email dated January 4, 2023, Plaintiff threatened to file—on January 13, 2023— his complaint against Defendants unless Defendants provide Plaintiff with a “significant offer.” Plaintiff’s complaint, however—which is, in essence, a breach of contract claim with additional claims pled in the alternative—was replete with disparaging, immaterial, impertinent, and indecent allegations. Most egregiously, Plaintiff sought to file his claims against dozens of entities that are not parties to the alleged contract or facts at issue. In order to curtail Plaintiff’s frivolous filing and abuse of the judicial system as an avenue to harass and burden Defendants, after their counsel attempted - to no avail - to communicate with Gori’s counsel, Defendants filed, on January 12, 2023, in the Geauga County Court of Common Pleas (“Geauga Court”), a (i) Verified Complaint and (ii) Motion for Temporary Restraining Order and Preliminary Injunction with a Proposed Order (“Motion”). Defendants sought injunctive relief enjoining Plaintiff from filing his threatened complaint until the Geauga County Court of Common Pleas had the opportunity to review Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB the complaint in camera and make a determination as to the propriety of the allegations, claims and identified defendants. That same day, at 5:34 p.m., undersigned counsel served a copy of Defendants’ Verified Complaint and Motion to Plaintiff’s counsel, Stephen Zashin. At this point, Plaintiff’s proper venue for recourse was the Geauga County Court of Common Pleas. However, in a clear-cut attempt to make an end-run around that Court - and in blatant disregard of the relief sought therein - Plaintiff filed his complaint in this Court, asserting the scandalous and improper allegations Defendants sought to prohibit, and naming the numerous defendants who have no place in this litigation other than to bolster Plaintiff’s efforts to burden and harass moving Defendants. For these reasons and the reasons discussed below, Defendants are entitled to issuance of an immediate Temporary Restraining Order, and a separate Order granting Defendants’ request for a preliminary injunction to preserve the status quo pending final disposition of this matter on the merits in Geauga County. II. FACTUAL BACKGROUND A. Plaintiff Threatens to File a Frivolous Complaint Against Defendants and Dozens of Unaffiliated Entities Unless Defendants Provide Plaintiff with a “Significant Offer.” On January 4, 2023, Plaintiff threatened to file suit1 against Defendants and twenty- nine (29) additional parties unless they provided Plaintiff with a “significant offer.” (Ex. A, Zashin January 4, 2023 Email.) The draft complaint that Plaintiff sent to Defendants’ undersigned counsel contains unfounded allegations, disparaging statements that are not1 1 Plaintiff’s allegations arise from an employment agreement dispute. In August 2020, Plaintiff joined PPCP without any signed contract and was paid as a W-2 employee of Staffing. Plaintiff would continue as a W-2 employee from August 2020 to June 2021, at which time he resigned from Staffing. Plaintiff’s tenure at Staffing, while short in length, was riddled with misconduct and unacceptable job performance and work ethic. Plaintiff’s allegations pertain to an alleged agreement regarding Plaintiff’s compensation while employed at Staffing. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB grounded in fact, and include dozens of entities that are not parties to any alleged contract at issue or involved in any way in the facts presented in Plaintiff’s draft complaint. Plaintiff’s inclusion of entities that are not parties to the alleged contract or facts at issue was done with the purpose of burdening Defendants and leveraging a “significant offer.” B. To Curtail Plaintiff's Abuse of the Judicial System, Defendants File a Complaint and TRO in the Geauga County Court of Common Pleas. Defendants, unwilling to allow Plaintiff to abuse the judicial system for the purpose of leveraging an offer from Defendants, took action. On January 12, 2023 - after having attempted to communicate with Plaintiff’s counsel to no avail - Defendants filed a (i) Verified Complaint and (ii) Motion for Temporary Restraining Order and Preliminary Injunction in the Geauga County Court of Common Pleas—Geauga County being the appropriate venue because Plaintiff resides in Geauga County. (Ex. B, Verified Complaint & Ex. C, Motion for Temporary Restraining Order and Preliminary Injunction). Defendants filed their Motion, seeking to have the Geauga Court review Plaintiff’s threatened complaint—in camera—before Plaintiff filed his complaint so that, after review, the Geauga Court may either: (i) enjoin Plaintiff from filing his claims against specific, unaffiliated entities, or (ii) strike all immaterial, frivolous, and irrelevant matters, including striking all allegations pertaining to those specific, unaffiliated entities. Additionally, Defendants’ Verified Complaint sought a declaratory judgment, seeking a judicial determination that there was no enforceable contract between Defendants and Plaintiff, or, in the alternative, to the extent the Court finds an enforceable contract, that there was no breach by Defendants. Then, Plaintiff would have had an opportunity to fully and fairly litigate his claims—against the appropriate parties—without being able to harass Defendants. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB At 5:34 p.m. on January 12, 2023, undersigned counsel served Plaintiff’s counsel via email Defendants’ Verified Complaint and Motion. (Ex. D, Simms January 12, 2023 Email). C. Plaintiff Improperly Ignores Defendants' Pleadings and Files in This Court. Plaintiff, instead of seeking recourse in the proper venue (Geauga County), improperly filed his Complaint in this Court on January 13, 2023 at 9:15 am, a mere 16 hours after receiving—and not responding to—Attorney Simms’ email regarding Defendants’ Verified Complaint and Motion in the Geauga Court. III. LAW & ARGUMENT A. Standard for Preliminary Injunction It is well settled that the purpose of a TRO under Rule 65 is "to preserve the status quo so that a reasoned resolution of a dispute may be had." Smith v. Ohio High SchoolAth. Assn., C.P. No. 2019 CV02419, 2020 Ohio Misc. LEXIS 5028, at *1 (Jan. 13, 2020) When considering a motion for preliminary injunction, courts consider the following four factors: (1) whether there is a substantial likelihood that the party will prevail on the merits; (2) whether the party will suffer irreparable injury if that injunction is not granted; (3) whether third parties will be unjustly harmed if the injunction is granted; and (4) whether the public interests will be served by the injunction. Crestmont Cadillac Corp. v. GMC, 8th Dist. No. 83000, 2004-Ohio-488, 2004 Ohio App. LEXIS 485, P. 28 (Ct. App.); see also Tumblebus Inc. v. Cranmer, 399 F.3d 754, 760 (6th Cir. 2005); Dominic’s Rest. OfDayton, Inc. v. Mantia, 2009 U.S. Dist. LEXIS 59310, at *5-6 (S.D. Ohio June 24, 2009). As set forth below, all four factors point in favor of granting Defendants’ request for a temporary injunctive relief. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB B. The Injunction is Necessary to Preserve the Status Quo. As set forth in Defendants’ Verified Complaint and Motion,2 under Rule 11, a trial court has the power to enjoin a plaintiff from filing a frivolous pleading. (Ex. B & C). Ohio Civ. R. 11 (explaining that a document "may be stricken as sham and false" if it is "scandalous or indecent"); see also, Oilman v. Thomas, 99 F.3d 807, 811 (6th Cir. 1996) ("it is permissible to require one who has abused the legal process to make a showing that a tendered lawsuit is not frivolous or vexatious before permitting it to be filed"). Additionally, under Rule 12(F), a trial court may strike immaterial, impertinent and scandalous matters. Ohio Civ. R. 12(F) ("the court may order stricken from any pleading . . . immaterial, impertinent, or scandalous matter"). Defendants, by filing their Verified Complaint and Motion in Geauga County, sought to have a court of competent jurisdiction determine which, if any, of the parties in Plaintiff’s draft complaint would appropriately be included in a lawsuit. In sum, Defendants sought to preserve the status quo so that a reasoned resolution of a dispute would be had, rather than an abuse of the judicial system to unduly burden and harass Defendants. Defendants notified Plaintiff of such, by emailing Plaintiff’s counsel a copy of the pleadings. (Ex. D.) Plaintiff, instead of seeking recourse in the proper venue (Geauga Court), improperly filed his Complaint in this Court on January 13, 2023, a mere 16 hours after receiving—and not responding to—Attorney Simms’ email regarding Defendants’ Verified Complaint and Motion in Geauga County. Plaintiff’s actions were purposely done with knowledge that Defendants filed their pleadings in Geauga County, and with knowledge of what relief Defendants requested, with the intention of making an end-run around that Court - and in 2 Defendants hereby incorporate by reference the arguments raised in their Motion as if fully restated here. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB blatant disregard of the relief sought therein. In sum, Plaintiff sought to disrupt the status quo, and improperly use this Court to irreparably harm Defendants herein. This Court has the authority to grant Defendants’ request to preserve the status quo— and allow the Geauga County court to rule on Defendants’ Motion—by mandating Plaintiff withdraw his complaint. Indeed, “[a] temporary restraining order may be mandatory in nature requiring an affirmative act be done since the maintenance of the status quo may require the doing of a positive act or the undoing of an act which has already been completed. ” MIKE LAPINE, INC. v. CLEVELAND Business SHOW, INC., 8th Dist. Cuyahoga No. 50028, 1986 Ohio App. LEXIS 6131, at *13-14 (Mar. 27, 1986). Moreover, Plaintiff should be ordered in connection with withdrawing the Complaint to seek to have all record of it sealed and/or expunged as the case may be. To be clear, Defendants are not disputing Plaintiff’s right to file his complaint. Instead, Defendants seek to have this Court keep Plaintiff from using the judicial system as a means to harass and tortiously interfere with Defendants’ business through his lawsuit, as well as from using this Court to circumvent Defendants’ requests currently pending in Geauga County. IV. CONCLUSION For the reasons set forth above, this Court should (i) order Plaintiff to dismiss his complaint and (ii) order Plaintiff to take whatever steps are necessary to have the record of its filing sealed or expunged. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB Respectfully submitted, /s/ Joseph S. Simms________ ANDREW J. DORMAN (0063410) JOSEPH S. SIMMS (0066584) JACK MAIB (0098846) REMINGER CO., L.P.A. 101 Prospect Avenue West, Suite 1400 Cleveland, Ohio 44115-1093 P: 216-687-1311 phone F: 216-687-1841 fax Emails: adorman@reminger.com jsimms@reminger.com jmaib@reminger.com Counselfor Defendants Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing was served upon all parties through this Court's electronic filing system, and additionally served upon the following via email this 13th day of January, 2023: Stephen Zashin Zashin & Rich Ernst & Young Tower 950 Main Avenue, 4th Floor Cleveland, Ohio 44113 p: 216.696.4441 f: 216.696.1618 E: ssz@zrlaw.com /s/ Joseph S. Simms___________ JOSEPH S. SIMMS (0066584) Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB CERTIFICATE OF COUNCIL I, Joseph S. Simms, hereby certify that I have notified the Plaintiff in the above captioned action of the Plaintiff's motion for temporary restraining order by the following methods: 1. By e-mailing to Defendant's counsel, Stephen Zashin, a service copy of the Motion for Temporary Restraining Order and Preliminary Injunction. Executed: January 13, 2023 /s/ Joseph S. Simms JOSEPH S. SIMMS (0066584) Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO FRANK J. GORI ) CASE NO: CV-23-973767 ) Plaintiff ) ) JUDGE: SHERRIE MIDAY v. ) ) PAUL E. KIEBLER, IV; et al ) ) Defendants ) TEMPORARY RESTRAINING ) ORDER ) Defendants Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC (“Capital”), Pepper Pike Acquisition, LLC, and Pepper Pike Staffing, LLC (“Staffing”) (three corporate entities collectively, “PPCP”) (altogether, the “Defendants”) have filed a Motion for Preliminary Injunction and Temporary Restraining Order (the “Motion”). Based on the information described in the Motion, this Court finds that Defendants will be irreparably harmed if the Plaintiff is not temporarily restrained and enjoined as set forth herein. Specifically, pursuant to Civ.R. 65(A), this Court hereby finds that Defendants will be irreparably injured if Plaintiff is not restrained and enjoined from: pursuing his claim in the Cuyahoga County Court of Common Pleas, Case No. CV-23-973767, during the pendency of Defendants’ action in the Geauga County Court of Common Pleas, Case No. 23M000018, currently before Judge Carolyn J. Paschke. The allegations in the Motion identifying the irreparable injury to Defendants are supported by probable and reliable evidence. Therefore, Defendants’ Motion as to its request for a temporary restraining order is hereby GRANTED. IT IS SO ORDERED that, during the pendency of this Order, Plaintiff be restrained and enjoined from the following: Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB 1. Pursing his action in Case No. CV-23-973767 by: a. Dismissing his Complaint; and b. Filing a motion for the records in this matter to be sealed. IT IS FURTHER ORDERED that this Order is effective for fourteen days pursuant to Civ.R. 65, until , 2023 at o'clock unless within such time the Order is extended or unless Defendant consents that it may be extended for a longer period. IT IS FURTHER ORDERED that Plaintiff's Motion shall come for a hearing before this Court on , 2023 at o'clock . Given the evidence demonstrated in the Verified Complaint and Motion, Plaintiffs shall not be required to post a bond or other security pursuant to Civ.R. 65(C). IT IS SO ORDERED. Date: cc: Stephen Zashin (counsel for Defendant Frank J. Gori) Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB EXHIBIT A Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB Jack Maib From: Stephen S. Zashin Sent: Wednesday, January 4, 2023 2:29 PM To: Andrew J. Dorman Cc: Lisa A. Kainec ; Charlotte A. Reed Subject: Gori - Complaint & Exhibits attached Importance: High Andy: Attached is the Complaint we intend to file on Jan 13, 2023. If your clients wish to make a significant offer, we will consider postponing the filing. Please let me know your clients' position no later than January 12, 2023 by COB. Thanks. Stephen i ' Stephen S. Zashin OSBA Certified Specialist Labor & Employment Law Ernst & Young Tower 950 Main Avenue, 4th Floor Cleveland, Ohio 44113 Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB 1 p: 216.696.4441 f: 216.696.1618 zrlaw.com | This email and any attachments contain confidential information from the law firm of Zashin & Rich Co., L.P.A. They are intended only for viewing by the named recipient. If that is not you, do not read this email, and notify Zashin & Rich Co., L.P.A. immediately at 216-696-4441. o Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB 2 EXHIBIT B Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB IN THE COURT OF COMMON PLEAS GEAUGA COUNTY, OHIO PAUL E. KIEBLER, IV ) CASE NO: 2916 Nottingham Lane ) Hunting Valley, OH 44022 ) ) JUDGE: and ) ) PEPPER PIKE CAPITAL ) PARTNERS, LLC ) 200 Park Avenue, Suite 410 ) PLAINTIFFS' VERIFIED Orange, OH 44122 ) COMPLAINT FOR ) DECLARATORY JUDGMENT and ) ) AND INJUNCTIVE RELIEF PEPPER PIKE ACQUISITION, LLC ) 200 Park Avenue, Suite 410 ) Orange, OH 44122 ) ) and ) ) PEPPER PIKE STAFFING, LLC ) 200 Park Avenue, Suite 410 ) Orange, Ohio 44122 ) ) Plaintiffs, ) ) v. ) ) FRANK J. GORI ) 7325 Calley Lane ) Novelty, OH 44072 ) ) Defendant. ) This Verified Complaint is brought against Defendant Frank J. Gori (“Defendant” or “Gori”) by Plaintiffs Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB (“Capital”), Pepper Pike Acquisition, LLC (“Acquisition”), and Pepper Pike Staffing, LLC (“Staffing”) (Capital, Acquisition and Staffing are referred to herein collectively as “PPCP,” and, together with Kiebler, as “Plaintiffs”). The allegations in this Complaint are based on Plaintiffs’ knowledge, information and belief, and they state and aver as follows: THE PARTIES 1. Kiebler is an individual residing in Hunting Valley, Ohio and at all relevant times has been a resident of the State of Ohio. Kiebler is the founder, chairman, and CEO of the PPCP entities. 2. Capital is an Ohio corporation with its principal place of business in Cuyahoga County, Ohio. Capital is in the business of residential apartment acquisitions, re development, and resale for investment. 3. Acquisition is an Ohio corporation with its principal place of business in Cuyahoga County, Ohio. 4. Staffing is an Ohio corporation with its principal place of business in Cuyahoga County, Ohio. Staffing employs the PPCP personnel. 5. Defendant Gori is an individual residing in Novelty, Ohio and at all relevant times has been a resident of the State of Ohio. Defendant Gori seeks to file a complaint against Plaintiffs, dozens of entities owned and operated by Kiebler, and other entities wholly unrelated to any dispute that may exist between Plaintiffs and Defendant, all with the sole purpose of harassing, embarrassing, and causing harm to Plaintiffs and to Plaintiffs’ business and reputation, and to the investors, bankers and employees with whom Plaintiffs interact. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737612/ Confirmation Nbr. 2749042 / CLMHB JURISDICTION AND VENUE 6. Plaintiffs reallege and reaver each and every allegation contained in the above paragraphs as if fully rewritten herein. 7. Venue is proper pursuant to Civ.R. 3(C)(1) because the Defendant resides in this county. 8. The Court has subject matter over Plaintiffs’ claims. 9. This Court has personal jurisdiction over Defendant. NATURE OF THE CASE 10. This case arises out of Defendant’s threats to file a frivolous complaint against dozens of entities that are in no way involved in any of the allegations presented in Defendant’s threatened complaint. In essence, Defendant is seeking to file a complaint based on an alleged breach of contract, but, in an attempt to improperly use this Court to burden Plaintiffs, Defendant simultaneously seeks to add dozens of defendants who are not parties to the alleged contract and are in no way involved in the facts at issue. The proposed complaint is so inflammatory and improper that it is not being attached hereto, but rather will be provided to the Court for inspection in camera. 11. Upon information and belief, Defendant intends to file this complaint for the sole purpose of harassing, embarrassing, and causing harm to Plaintiffs and to Plaintiffs’ business and reputation, and to the investors, bankers and employees with whom Plaintiffs interact in an improper attempt to induce Plaintiffs to pay Defendant what he alleges he is owed, notwithstanding the lack of merit to his claims. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767?/ Confirmation Nbr. 2749042 / CLMHB FACTS Gori Joins PPCP 12. Plaintiffs reallege and reaver each and every allegation contained in the above paragraphs as if fully rewritten herein. 13. The PPCP entities are in the business of residential apartment acquisitions, re development, and resale for investment, and the business operations associated therewith. Specifically, the PPCP entities engage in the acquisition, construction, development, and property management of residential apartment buildings in the Midwestern United States. Kiebler is the founder, chairman, and CEO of the PPCP entities, having been in the industry since the age of 16. 14. Gori, a former neighbor of Kiebler, was formerly employed as a senior partner at Ernst & Young in Columbus. 15. In July 2020, Gori and Kiebler entered into discussions regarding Gori's potential employment with Staffing to perform services for Capital. These discussions were largely precipitated by Gori, who began pursuing the issue as early as the summer of 2019. Kiebler had concerns that Gori did not understand the multi-use apartment industry given the fact that Gori had only worked as an accountant. Nevertheless, Gori assured Kiebler that he could assist and make a difference. 16. Based on that understanding, Kiebler ultimately agreed to bring Gori on as the “chief operating officer” on a trial basis to assist in managing the business and underlying properties. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737674/ Confirmation Nbr. 2749042 / CLMHB 17. On July 31, 2020, Gori signed off on the terms of the Employee Handbook thereby acknowledging his "at-will” employment status. On, or about August 3, 2020, Gori joined Staffing without any signed contract and was paid as a W-2 employee of Staffing. Gori Leaves PPCP Following Misconduct 18. Gori's employment at Staffing was riddled with misconduct and poor work performance. 19. From the moment he started as an at-will employee in August 2020 through May 2021, Gori spent countless hours attending Zoom hearings, depositions, responding to discovery requests and providing testimony in a hotly contested divorce with his former wife, Carole C. Gori, an attorney in the District of Columbia. 20. Additionally, Gori's work performance at Staffing became unacceptable during his short tenure. 21. Between Gori's start date on August 3, 2020 and his resignation in June 2021, Gori engaged in multiple instances of misconduct. Specifically, while employed by Staffing, over the course of less than a year, Gori spent countless hours in his closed office, managing his own divorce, planning his birthday party weekend, purchasing multiple automobiles, and opening up three other businesses. 22. Less than one year into his employment with Staffing, Gori resigned in June 2021. 23. During that time, Gori brought no new business to the table. He was simply tasked with managing a business that Kiebler had successfully managed for decades. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737615/ Confirmation Nbr. 2749042 / CLMHB Gori Resigns and Threatens to Use the Judicial System to Harass Plaintiffs 24. Two months after Gori's resignation (during which Gori continued to receive severance payments from Staffing), Kiebler met with Gori on or about August 13, 2021 to discuss the logistics of Gori's exit from Staffing. While Kiebler wanted to discuss an amicable resolution, Gori would hear none of it, and instead yelled in Kiebler's face that Gori was owed millions of dollars. 25. Well over a year later, on January 4, 2023, Gori threatened to file suit against Plaintiffs and twenty-nine (29) additional parties1 unless they provided Gori with a “significant offer.” 26. 2, sent by Gori to Plaintiffs' undersigned counsel, contains The draft complaint1 unfounded allegations, disparaging statements that are not grounded in fact, and include dozens of entities that are not parties to any alleged contract at issue or involved in any way in the facts presented in Gori's draft complaint. 27. A cursory review of Gori's draft complaint shows that his allegations amount to a simple breach of contract claim with various claims pled in the alternative regarding an alleged agreement regarding terms of Gori's compensation while employed at Staffing. Defendant's inclusion of entities that are not parties to the alleged contract was done with the sole purpose of burdening and irreparably harming Plaintiffs in an effort to leverage a “significant offer.” 28. Gori's complaint as drafted would be grossly inappropriate, irreparably harmful and a waste of judicial resources. 1 Including 5 “Doe LLCs”. 2 As noted above, a copy of the threatened complaint will be tendered to the Court in camera. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 97376/6/ Confirmation Nbr. 2749042 / CLMHB COUNTI (Declaratory Judgment) 29. Plaintiffs reallege and reaver each and every allegation contained in the above paragraphs as if fully rewritten herein. 30. Defendant joined Staffing without any signed written contract as an “at-will” W-2 employee, and, less than a year into his employment, Defendant resigned from his position. 31. Plaintiffs specifically seek a declaration from this Court that there was no enforceable contract between Plaintiffs and Gori, or, to the extent this Court finds that there is an enforceable contract between Plaintiffs and Gori, a declaration that there was no breach by Plaintiffs. COUNT II (Injunctive Relief) 32. Plaintiffs reallege and reaver each and every allegation contained in the above paragraphs as if fully rewritten herein. 33. Defendant’s threatened complaint is improper as a matter of law, insofar as it contains inflammatory, frivolous, immaterial, impertinent and scandalous allegations against Plaintiffs, and names dozens of other entities, without so much as an allegation of wrongdoing against them, and despite the fact that such entities are and were in no way involved in the facts giving rise to the dispute between Plaintiffs and Defendant. 34. Defendant’s threatened complaint is intended to cause Plaintiffs irreparable injury and harm, and was proffered with the sole purpose of harassing, embarrassing, and causing harm to Plaintiffs and to Plaintiffs’ business and reputation, and to the investors, bankers and employees with whom Plaintiffs interact in an improper attempt to induce Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737677/ Confirmation Nbr. 2749042 / CLMHB Plaintiffs to pay Defendant what he alleges he is owed, notwithstanding the lack of merit to his claims. 35. Plaintiffs will be irreparable harmed unless this Court issues a temporary restraining order and a preliminary and permanent injunction prohibiting Defendant from filing his threatened complaint as drafted absent prior Court approval to ensure all immaterial, impertinent, and scandalous matters have been stricken, and all entities that are not parties to the alleged contract at issue are removed. WHEREFORE, for the foregoing reasons, Plaintiffs respectfully pray for the following orders, judgments, and relief: 1. A declaration that: a. There was no enforceable contract between Plaintiffs and Defendant; or, in the alternative, to the extent this Court finds an enforceable contract between Plaintiffs and Gori b. There was no breach by Plaintiffs; 2. A temporary restraining order and a preliminary and permanent injunction prohibiting Defendant from filing his threatened complaint as drafted absent prior Court approval to ensure all immaterial, impertinent, and scandalous matters have been stricken, and all entities that are not parties to the alleged contract at issue are removed: 3. Judgment in favor of Plaintiffs for their costs and attorney’s fees; and 4. Such other relief as this Court may deem appropriate. Date: January 12, 2023 Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737618/ Confirmation Nbr. 2749042 / CLMHB Respectfully submitted, /s/ Joseph S. Simms__________ ANDREW J. DORMAN (0063410) JOSEPH S. SIMMS (0066584) JACK MAIB (0098846) REMINGER CO., L.P.A. 101 Prospect Avenue West, Suite 1400 Cleveland, Ohio 44115-1093 P: 216-687-1311 phone F: 216-687-1841 fax Emails: adorman@reminger.com jsimms@reminger.com jmaib@reminger.com Counselfor Plaintiffs Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 97376/9/ Confirmation Nbr. 2749042 / CLMHB VERIFICATION I, Paul E. Kiebler IV, being duly sworn, declare that I have read the foregoing Verified Paul E. Kiebler IV Subscribed and sworn to before me on this j L day of J 2023. HARPREET KAUR Notary Public State of Indiana Commission No. NP0725774 My Commission Expires March 11, 2028 Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB INSTRUCTIONS TO THE CLERK Please issue service of the Summons and Complaint via Certified U.S. Mail upon the following Defendants at the addresses listed above. /s/ Joseph S. Simms___________ JOSEPH S. SIMMS (0066584) Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737671 Confirmation Nbr. 2749042 / CLMHB EXHIBIT C Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB IN THE COURT OF COMMON PLEAS GEAUGA COUNTY, OHIO PAUL E. KIEBLER, IV; et al ) CASE NO: ) ) Plaintiffs, ) JUDGE: ) v. ) ) FRANK J. GORI ) ) MOTION FOR TEMPORARY Defendant. ) RESTRAINING ORDER AND ) PRELIMINARY INJUNCTION ) ) Plaintiffs Paul E. Kiebler IV (“Kiebler”), Pepper Pike Capital Partners, LLC (“Capital”), Pepper Pike Acquisition, LLC (“Acquisition”), and Pepper Pike Staffing, LLC (“Staffing”) (three corporate entities collectively, “PPCP”) (together with Kiebler, the “Plaintiffs”) respectfully move this Court for a temporary restraining order and preliminary injunction under Ohio Rules of Civil Procedure 11, 12(F), and 65 to prohibit Defendant Frank J. Gori ("Gori") from filing a frivolous complaint1 against dozens of entities, numerous of which are not even affiliated with Plaintiffs, without prior Court approval, or, in the alternative, have this Court review the proffered pleading and strike all immaterial, 1 The proposed complaint is so inflammatory and improper that it is not being attached hereto, but rather will be provided to the Court for inspection in camera. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 973767 / Confirmation Nbr. 2749042 / CLMHB impertinent, and scandalous matters, including striking all entities that are not parties to the alleged contract at issue.2 As set forth below, Gori is not entitled to use this Court to pursue frivolous and malicious claims against dozens of entities that are irrelevant to this matter, or to make false statements for the sole purpose of harassing, embarrassing, and causing irreparable harm to Plaintiffs and to Plaintiffs’ business, reputation, and investors, bankers and employees with whom Plaintiffs interact. Gori’s Complaint that he has threatened to file does just that by attempting to bring suit against thirty-three (33) entities—some of which are not even affiliated with Plaintiffs, and almost all of which had nothing to do with the events in dispute—for what is, in essence, a breach of contract claim, with additional claims, based on the same nucleus of operative facts, pled in the alternative. Plaintiffs request that this Court, pursuant to its powers under the Ohio Rules of Civil Procedure, review the pleading drafted by Gori and either (i) enjoin Gori from filing his claims against the above-identified entities, or (ii) strike all immaterial, frivolous, and irrelevant matters, including striking all allegations pertaining to the above-identified entities. 2 Plaintiffs specifically request Gori be barred from pursuing his claims against, or at a minimum, have this court strike Gori’s drafted claims against, the following parties: Pepper Pike Construction, LLC; Pepper Pike Acquisitions, LLC; Pepper Pike Acquisition Associates, LLC; Pepper Pike Property Management, LLC; Pepper Riverbend Promote, LLC; Pepper Warren Harbor Promote, LLC; Camelot East Holdings, LLC; Farmington Promote, LLC; Hines Park Promote, LLC; Plymouth Promote, LLC; Riverbend Promote Investors, LLC; Riverbend Promote, LLC; Southgate Green Promote, LLC; Town and Country Promote, LLC; Warren Harbor Promote, LLC; Nottingham Foundation Promote, LLC; Fountain Parc Promote, LLC; Mount Prospect Green Owner, LLC; Woodlands Equity Holder, LLC; 9 on Canal Promote, LLC; Residences 56 Ventures, LLC; Mavgun, LLC; PJK Family Management, LLC; Nottingham Racing, LLC and Suffolk Acquisition, LLC, DOE LLC #1 NAME UNKNOWN, DOE LLC #2 NAME UNKNOWN, DOE LLC #3 NAME UNKNOWN, DOE LLC #4 NAME UNKNOWN and DOE LLC #5 NAME UNKNOWN. These entities are (i) not parties to the alleged contract(s) at issue nor (ii) relevant in any of the facts presented in Gori’s draft complaint, and as such, Gori’s attempt to add these nonparties to a simple breach of contract issue is inappropriate and contrary to Ohio law. Electronically Filed 01/13/2023 15:20 / MOTION / CV 23 9737612/ Confirmation Nbr. 2749042 / CLMHB Respectfully submitted, /s/ Joseph S. Simms___________ ANDREW J. DORMAN (0063410) JOSEPH S. SIMMS (0066584) JACK MAIB (0098846) REMINGER CO., L.P.A. 101 Prospect Avenue West, Suite 1400 Cleveland, Ohio 44115-1093 P: 216-687-1311 phone F: 216-687-1841 fax Emails: adorman@reminger.com jsimms@reminger.com