FILED

Lo1ra1n county Common Pleas Court

by Fax dated

IN THE COURT OF COMMON PL

LORAIN COUNTY, OHIO
As :g:~rs-1-z
Tom Orlando, Clerk of Courts
GIBSON BROS., INC., et al.,
CaseNo.: 17CV193761
Plaintiffs,
Judge: Hon. John R. Miraldi
-vs.-
Magistrate: Hon. Joseph Bott
OBERLIN COLLEGE, et aJ.,

Defendants.

SUPPLEMENT TO PLAINTIFFS' MOTION FOR PREJUDGMENT INTEREST

On August 14, 2019, Plaintiffs 1 r~spectfully moved this Court for prejudgment interest, an

oral hearing on prejudgment interest, and limited expedited discovery related to prejudgment

interest in accordance with R.C. 1343.0J(C)(l). In 1111 effort to avoid any delays, Plaintiffs have

already prepared and served subpoenas and document requests to be answered by Defendants2 and

their counsel. 3

Accordingly, Plaintiffs request this Court pennit the limited discovery (See, Exs. 1-3) and

order Defendants to respond to said discovery on or before September 4, 2019 to provide Plaintiffs

sufficient time to present supplemental evidence related to prejudgment interest and also to

expedite the prejudgment hearing process.

1 "Plaintiffs" refer, to Gibson B~os,, Inc, ("Gibson'• Bakery"), David Gibson ("Dave"), and Allyn W. Gibson
("Allyn"). .
' "Defendants" rcl'ers to Defendant Oberlin College and Conservatory ("Obedin College") and Defendant Meredith
Raimondo ("Raimondo").
'True and accurate copies of the subpoenas and document reque,t, are attached hereto as Exhibits 1-3.

l
DATED: August 19, 2019 Respectfully submitted,

TZANGAS I PLAKAS I MANNOS I LTD

/s/ Brandon W. McHugh

Lee E. Plakas (0008628)
Brandon W. McHugh (0096348)
Jeananne M. Ayoub (0097838)
220 Market Avenue South
Eighth Floor
Canton, Ohio 44702
Telephone: (330) 455-6112
Facsimile: (330) 455-2108
Email: lplakas@lawlion.com
bmchugh@lawlion.com
jayoub@lawJion.com

-and-

KRUGLIAK, WILIONS, GRIFFITHS &

DOUGHERTY CO., L.P.A.

Terry A. Moore (0015837)

Jacquelinc Bolles Caldwell (002999 I)
Owen J. Ranic (0075367)
Matthew W. Ones! (0087907)
4775 Munson Street, N.W.
P.O. Box 36963
Canton, Ohio 4473 5-6963
Telephone: (330) 497-0700
Facsimile: (330) 497-4020
Email: tmoore@kwgd.com
jcaldwell@kwgd.com
orarric@kwgd.com
monest@kwgd.com

-and-

JAMES N. TAYLOR CO., L.P.A.

James N. Taylor (0026181)

409 East Avenue, Suite A
Elyria, Ohio 4403S
Telephone: (440) 323-5700
Email: taylor@jamestaylorlpa.com
Counsel/or Plaintiffs

2
 PROOF OF SERVICE

A copy of the foregoing was served on August 19, 2019, pursuant to Civ.R. 5(B)(2)(f) by

sending it by electronic means to the email addresses identified below, to:

Ronald D. Holman, H Richard D. Panza

Julie A. Crocker Matthew W. Nakon
Cary M. Snyder Rachelle Kuznicki Zidar
William A. Doyle Malorie A. Alverson
Josh M. Mandel Wilbert V. Farrell, IV
Taft Stettinius & Hollister LLP Michael R. Nakon
200 Public Square, Suite 3500 Wickens, Herzer, Panza, Cook & Batista Co.
Cleveland, OH 44114-2302 35765 Chester RolU!
rholman@taftlaw.com; Avon, OH 440ll-1262
jcrocker@tafllaw.com; RPanza@WickensLaw.com;
csnyder@taftlaw.com; MNakon@WickensLaw.com;
wdoyle@taftlaw.com; RZidar@WickensLaw.com;
jmandel@taftlaw.com MAlverson@WickensLaw.com;
Co-Counsel for Defendants WFarrell@WickensLaw.com;
Oberlin College aka Oberlin College and MRNakon@WickensLaw.com
Conservatory, and Meredith Raimondo Co-Counsel for Defendants
Oberlin College aka Oberlin College and
Conservatory, and Meredith Raimondo

Isl Brandon W. McHugh

Brandon W. McHugh
Counsel for Plaintiffs

3
 PLE)\SE TYPE OR PRINT LEGIBLY ...:;::,NE FORM PER. INDNJDUAL COPY TO SE,RVE

IN TIIE COURT OF COMMON PLEAS

LORAIN COUNTY, OHIO

General Division - OVIL

GIBSON BROS, INC., et al. Subpoena and Rehlm
P111lntiff,
vs.
C;uie No. _ _1_7_C_V_1_93_7_6_1_ _
OBERLIN COLLEGE, etc., et al.
Defendant. Attorney: Brandon W. McHugh (0096348)

Attorney for: ---,--P~la_i_n_liff_s____

TO: (Print name and address below) Telephone: (330) 455-6112
Taft Stettinius & Hollister, LLP E-mail (optional): bmchugh@lawlion.com.

200 Public Square, Suite 3500

If you have any queslionB concerning this subpoena,
Cleveland, Ohio 44114 please conlact the attorney whose name and contact
information ere listed above.
Attn: Ronald D. Holman, II., Esq,

YOU ARE HEREBY COMMANDED TO, AT 1HE DATE, TIME, AND LOCAnON LISTED BELOW:

Oattend and give testimony al a trial, hearing, or deposition.

□produce the following documeJJ.ts, e)ec!J;o,oically stored information, or tangible things at a trial, hearing, or deposition;

[£_jproduce and pennit inspection and copying of the following documents o~ electronically stored information that are in.
your custody, possession, or control: .SEE EXHIBIT A ATTACHED HERETO .

~duce and permit inspection end copying, teating, or sampling of the following tangible things that are in your
cu:,tody, possession, or control: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Qpero:ut entry upon de,signated lend or other property that is in your possession or control described as (see Civ. R. 34):

DATE: 23rd st_ _~ 20~

day of _ _ _A_u_g_u_ TIME: 1O:OO AM o'clock a.m./p.m.
LOCATION: .220 Market Ave~.ue S., 8th Fl. Canton, Ohio 44702 or electronically to bmchugh@lawlion.com.

Requesting )'arty: Gib•on Bms.; Inc., et aL, r;/o Tzangas Plakas Mannos Ltd. 220 Market Ave. S. 8th Floor Canton, OH 44702
NOTE: Rl!AD ALL INFORMATION ON THE REVJ!RSJ! SIDE Of nus SUBPOENA
Pagel of2
 17CV193761
CASE NUMBER: _ _ _ _ _ __ COPY TO Sl!RVE

OHIO RULES OP CIVIL PROCEDURE - PARTIAL TllXT OF RULE 45 (revi.9ed 07/17/20U)

C) Protection of pe,:oo,QS •ubjoct lo oubpoena9,

(I) A party or an attorney respon,lble for the isauanc:,e and service of a 8Ubpoena shall take reasonable Bleps to avoid imposing undue burden
01 e:,cpense on a person subject to that irubpoena,
(2)(a) A person oonunanded to produce under divisions (A)(l)(b), (Ill), (Iv), (V), or (vi) of this rule 11eed not •PP""' in person al the place of
production OT inspection unles9:commanded to at:t:et1.d and give testimony al a deposition., hearing, or trial
(b) Subject to diviolon (0)(2) of this rule, a person commanded to produce under divisioos (A)(l)(b), (iii), (iv), (v), or (v:i) of this rule may,
withJn lourb,en days after service of the subpoena or befote the time specified for compliance il such time is less thM fourteen cloys alter
service, &erve upon the party or attorney designated in the subpoena written objections to production, (f objection is made, the party serving
the subpoena 5hall not be e.ntitled to production exoept pursuant to i!II\ order of the court by which the subpoena was issued. If objection has
been made, the party ,ervlng the subpoena, upon notice to true person oommanded to produee, m;i.y move at u.y tune lor an order to compel
the production. An order to compel production ohall protect any person who i,, twl • porty or on officer of a party from siptlllcant exp•nse
reoulting from the productioo commanded.
(3) On timely motion, the court from which the subpoena was;m,ued ,hall quash or modify the oubpoena, or order appearance or production
only under specified condi tic;m.,, if true subpoena does any of the following:
(a) Fails to allow rea&onable time to comply;
(b) RequlreB disclosure of privileged or otherwise protected matter and no exooption or waJver appli..;
(c) Requires disclosure of a fact known or opinion beld by an expert not retained or specially employed by any party in anticipation of
litigation or preparation for t:rilll as described by Civ. R. 26(6)(5), if the fact or opinion does not desrnbe specific events or ocameru,ee in
dispure Md results from study by that <tXpert that was not ma4e at the request of any party;
(d) Subjects a peroon to undue burden, '
(4) Before filing a motion pursuant to division (C)(3)(d) of thls rule, a person , ..isli:ng discovery 11I1der this rule shall att>lmpt to resolve any
claim of undue burden through di8CWsions with the i.,sulng attorney. A motion liled pursuant to division (C)(3)(d) of this rule shall be
oupported by an affidavit of the subpoenaed person or a certificate of that per..,n'o attorney of the efforts made to reoolve any claim o/ undue
bwden,
(5) J1 a motion is mad.e under division (C)('3)(c) or (C)(3)(d) of this rule, the court shall quash or modify the subpoena unless the party in who,e
behalf the subpoena Is l66ued shows a substantial need for the testimony or material that eannot be otherwi,e met without undue hardship
and assures that the person lo wham the oubpoena iB oddressed will be reasonably compensated,

(D) Dutieo In re,pond.ing to subpoena.

(1) A person re,ponding to a 01.1bpoena to produce documents sh.alt at the person's option, produce them •• they are kept in true usual course
of bu,ine., or organiz.ed and labeled to oorretlpond with the catego,ieo in the subpoena. A penon producing documents or electronically
•tored information puroUBI1t to a subpoena for them Bhall perm.it their Inspection and copying by all parties present at the linl2 artd place 6e! in
the subpoena for inspection and copying,
(2) If a request does not specify the form 01 forms for producing electronleal.ly stored information., a person responding to a subpoena may
produce the in.(ormation in a fonn or forms in which the information is ordinarily mainl'lined if that lorm io reasonably useable, or in any form
that is reasonably uoeable. Unless ordered by the court or agreed h) by the person ~ubpoenaed, a peraon responding to a subpoena nl!<?d Ml
produce the same electronic.oily stored information in more than one lorn\,
(3) A person need not provide discovery ol electronically stored information when the production imposes undue burden or experue. On
mot;an to compel disoovery or for a protective order, tlu, peraon from whom electronically stored information io sought must show tlult the
infonnatlon is not reasonably aceessible boause of undue burden or expense. It aohowing of undue burden or expense is made, the court may
nonetheless order production of electronic.ally stored information if the requesting party ohows good cauoe. The court shall con,ider the
factors in Clv, R. 26(8)(4) when determinlng II sood cause exists. ln ordering production of elect,:on;cally stoi:ed in£ormatlon. the court may
•pecify the format, extent, timing allocation of ""penaeo and other oonditiona for the disoove.-y of the elettronically otored information.
(4) When information 6Ubject to a subpoena ;, withheld on a cWm that it is privileged or subject lo protection as trial preparation matenals
under Civ. lt 26(B)(3) or (4), the claim shall be made expre,siy and shall be suppDffl!d by a description of the nature of the docwnents,
rommunicalions, o, 1hiI'3" not produced that is sufficient to enable the dem;i.ncUng party to contest the claim,
(5) If information is produced In response lo a subpoena that is subject to a claim of privilege or ol protection as trial preparation material, t:he
person making the claim may notify any party that tec:,elved the information of the claim and basis for It, After being notified,, a rereiving party
muot promptly return, se'lueoter, or destroy the specified information Md any oopies within the party'• poSSBSion, custody or control. A
party may not use or disclose the information unlil the claim is resolved. A receiving party m.ay promptly preoent the Information to the court
wulor seal for a detei:minat!on ol the claim of privilege a, of protection •• trial-prel"'ratlon mot,,rial. If the receiving party disclosed the
information before being not!aed. It mUBt take reasoruible •teps to retrieve It. The person who produced the information mu.st preserve the
Information until the claim i., ,eioolved,

Page2 of2
 IN THE COURT O:F COMMON PLEAS
LORAIN COUNTY, OHIO

GIBSON BROS., INC., et al.,

Case No.: 17CV193761
Plaintiffs,
Judge: Hon. John R. Miraldi
•VS.•
Magistrate: Hon. Joseph Bott
OBERLIN COLLEGE, et al.,

Defendants.

EXHIBIT A
SUBPOENA DUCES TECUM PROPOUNDED UPON
TAIT, STETT~S & HOLLISTER, LLI'

INSTRUCTIONS AND DEFINITIONS

l. ''You" means the recipient of this Subpoena and any individual, agent, or representative acting

on your behalf.

2. "ObetUn College" melllllj Oberlin College the corporation incorporated by special legislative

act and located at 173 W. Lorain St., Oberlin, OH 44074, also known as and/or referred to as

Oberlin College and Conservatory, and of its agents, representatives, employees, students, or

any other person acting or purporting to act on behalf of Oberlin College.

3, "Document" and "writiog" used interchangeably herein, each mean any tangible thing

including, but not limited to, papers, tapes, diskettes, indexes, file folders, microfiche,

microfilm, or electronic storage devices upon which there has been placed handwriting,

typewriting, printing, photostatic or photographic images, any other kind of graphics, or any

fonn of recording, communication or representation, including letters, words, pictures, sounds,

symbols, or combinations thereof. Any request relating to a document or writing also includes

any and all nonidentical copies thereof.

02354404·1 / 12000,00-0027 l
4. "Commwri~ation," in its singular end plural forms, means eny oral or written exchange of

words, thoughts, or ideas to any person or persons, whether it be person to person, in a group,

by telephone, by Jetter, by telex, by radio transmission, or by any other process, electronic or

otherwise. All such communications aod writing shall include, without limitation, printed,

types, handwritten or other readable documents, correspondence, memoranda, reports, log

books, minutes, notes, audio lopes, and radio transmissions.

5. "Relating to" means constituting, defining, containing, embodying, reflecting, identifying,

stating, concerning, referring to, dealing with, generated wholly or partly in response to or

because of, or in any way pertaining to.

6. "Litigation" means the case filed in the Lorain County Court of Common Pleas, number

I 7CV193761, befure Judge John R. Miraldi.

7. "Insurance provider" means any business, organization, corporation. or individual who

provided llllY fom1 of insurance, including, but not limited to, liability insurance or excess

insurance, to Oberlin College and/or Defendant Meredith Raimondo from January 1, 2016 to

the present.

8. "Taft" means the law firm Taft Stetfinius & Hollister, LLP and its agents, representatives,

employees, or any other person acting or purporting to act on behalf of Taft (including, but not

limited to, Attorneys Ronald D. Holman II, Julie A. Crocker, Cary M. Snyder, William A.

Doyle, and Josh M. Mandel).

9. "Wickens" means the Jaw !inn Wickens Herzer PBnZa and its agents, representatives,

employees, or any other person acting or purporting t,o act on behalf of Wickens (including,

but not limited to, Attorneys Richard D. Pooza, Matthew W. Nakon, Malorie A. Alverso.n,

Rachelle Kuznicki Zidar, Michael R. Nakon, and Wilbert V. Farrell IV).

02354404-1 / 12000.00-0027 2
 DOCUMENT REQUESTS

DOCUMENT REOlJEST NO. l:

Any and all docwnents tlult refer or relate to evaluation of risk of loss or the settlement of this

Litigation.

DOCUMENT REQUEST NO. 2:

All collll11unications between you and any insurance provider, including, but not limited to,

College Risk R,etention Group, Lexington Insurance Company, StarStone Specialty Insurance

Company, and United Educators, regatding the subject matter of this Litigation, including, but not

limited to, communications that refer or relate to evaluation of the risk of loss or the settlement of

this Litigation.

02354404-11 )2000.00-002? 3
 PLEASE TYPE OR PRINT LEGJBLY - uNE FORM PER INDNIDUAL COPY 10 SERVE

IN THE COURT OF COMMON PLEAS

LORAIN COUNTY, OHIO

General Division - CIVIL

GIBSON BROS, INC., et al. Subpoena and Return
l'lalntiff,
vs.
Case No. _ _1_7_C_V_1_9_3_76_1_ _
OBERLIN COLLEGE, etc., et al.
Defendant. Attorney: Brandon W. McHugh (0096348)
P_la_ln_t_lff_s_ __
Attomey for: _ _ _ _
TO: (Print name and address below) TelephOX1e: (330) 455-6112
Wickens Herzer Panza Co. E-mail (optional): bmchugh@lawlion.com

35765 Chester Road

I£ you have any questions concerning this subpoena,
Avon, Ohio 44011 please contact the attorney whose name and contact
information are listed above.
Attn: Matthew Nakon, Esq.

YOU ARE HEREBY COMMANDED TO, AT TI-IE DATE, TIME, AND LOCATION LISTED BELOW:
Oattend and give testimony at a trial, hearing, or depoaition.
Oproduoe the following documents, electronically stored infoI1J1ation, or tangible things at a trial, hearing, or depositio11:

li]produce and permit inspection and copying of the following documen.ts or el.ectronically stored information that are in.
your custody, possession, or control: SEE E~~IBITAATTACHED HERETO . . .

l'Oduce and permit mspection and copying, testing, or sampling of the following tangible things that are in your
cuitody, possession, or c o n t r o l : - - - - - - - - - - - - - - - - - - - - - - - - - ~

Qermit entry upon designated land or other property that is in your possession or control described as (see Civ. R. 34); ·

DATE: 23rd day of _ _ _A_u_g_u_st_ __, 20~ TIME: __ 10:00 AM . o'clock a.m./p.m.
LOCATION: 220 Market Avenue S., 8th Fl. Canton, Ohio 44702 or electronically to bmchugh@lawlion.com.

WJINESS my hand, this & day of August, 201~. 'Br,v;·::.'1.~S:r--"'--"~.,,,::::___ _ _ _ _ __

Jiran n W. MeHugh (Counsel for Plaintiffs) ·

Requesting Party: Gibson Bros., Inc .• et al., do Tzani:-~s .· lakas Mannes Lid. 220 Market Ave. S. 8th Floor Canton. OH 44702

NOTE: READ ALL INFORMATION ON THI! Rl!VERSI! SIDE OF THIS SUBPOENA

Page J of2
 . . 17CV193761 COPY TO 9BRVE
CASE J\'UMBER: ,
OHIOlHJLES OF CIVIL PROCEDURE-PARTIAL TJ!)(T OF RULi! ~ (revised 07/17/2014)

C) l'tote<lion of penoons oubjelll to OLlbpoONU.

(1) A party or an attmney ,espQ('Sible for the u;suance and •ervia, of a subpoena shaD take reasonable 5\epO to avoid imposing undue burden
or expense on• pon;on oubject lo that subpoena.
(Z)(a) A person conuru1nded to produce under divisions (A)(l)(b), (iii), (iv), (v), or (vi) of this rule need not appear in person at the place of
production or i.n8pecti.Ol.'\ unless conuiland~ to 11ttend and give lestimony at a deposition, hearing. or trial.
(b) Subject to divieim (D)(2) of this rule, a person co11:urnmded to produce under divisions (A)(l)(b), (ill), (Iv), (v), or (vi) of this rule may,
within fourteen d•)" after service of the subpoena o,: befo,-e the time spedfied for complianoe if such time is le•• than fourte<n day• after
oervia,, serve upon the party or attomey designated in the subpoena writttn objeelione to production. Ji objection ui made, the party se,:ving
Uu, .ubpoeoa shall not be entitled to production exmpt pursuant to an order of the oourt by which the 8ubpoena was issued. if abjection has
been ,nade, the party ol?J"ving the subpoena, upon notio, to the person commanded lo produce, may move at any time for an order lo compel
the production, An order to compel production shall protect any person who is not a patty or an officer al a patty from signifirant expenoe
t86ultmg 1,-om the production commlll\ded.
(3) On timely motion, the cowl ftOJil which the subpoena was i.. ued sha.11 quash or modify the subpoena, or order appearance or produ<:tlon
only under "P"cified oondilions, il the subpoena does any o/ the following,
(a) Fails tQ allow rea!lonable ti.ms to comply;
(b) Requires disclosure of privileged o, otherwise protected matter and no exception or waiver applies;
(c) :Requu-es disclosure of a loct known or opinion held by an e><pert not retained or specially employed by any party in anticipation of
litigation or preparation for b:lal as d.scribed by Civ. :R. 26(8)(5), If the £,ct or opmion does not describe 1pecific events or occurrences in
dispute ,nd result,; from study by that expert Iha.I wos not mode ot the request ol any pal1y;
(d) Subjects a person to undue burden,
(4) 5efore filing a motion purauant to division (C)(3)(d) of this rule, a pereon resisting discovery under tlu• rule shall attempt to resolve any
claim ol undue burden through discussion.a with the uisuing attorney. A motion filed pursuant to divi,ion (C)(3)(d) of this rule shell be
supported by an affidavit of the subpoonaed person or a ce,liliaale of that persoo's attorney of the efforts ma.de lo resolve any claim of undue
burden.
(5) lf a motion is made under dlv!,lon (C)(3)(c) or (C)(3)(d) of this rule, the· court shall quash or modify the aubpo"'"' tmleso the party_ il1 whose
behalf the subpoena ls iosued shows a substantial need for the testimooy or material that cannot be otherwise met without undue hardship
and assure, that thepereon to whom the subpoena is addressed will be reasonably compen,ated,

(D) Duties in responding lo subpoena,

(1) A pe1son responding to a •ubpoena to produc:e documents shall, at the person's optio", produce them as they are k.ept in the u9ual course
of busine,s m organized and labeled to correspond with the categorieo in the subpoena. A person producing documents or electronically
stored info,mation pursuant to a subpoena for them ohall pem'lit tlu?ir inspection and copying by all partie, present al the time and place set In
th• aubpoena for inopectlon and. ropying.
(2) If a ,:equesl does not opectfy the form or forms for producing electronically stored lnlormetion, a person responding lo a subpoena may
produ.:e the in/ormatlon in a form or forms In which the in/ormatlon is ordinarily maintained i.f that form is ,easonably useable, or In any form
that is reaoonably useable. Unless ordered by the court or agreed to by the person subpoenaed. a pereon responding to a subpoena need not
produce the 5ame electronically 6-tored informetian in more than one form.
(3) A person need llOI prnvide discovery ol electronicslly stored information when the production imposes undue burden or expense. On
motion to compel discovery or for a protective order, the person from whom electronically 61ored information i• sought must show that the
Information lJ) not reasonobly aooeeoible because ol undue burden or expense. If a showing of undue mu-den or expense is made, the court may
nonelhel••• order produelion of electrcmicslly stored lnfonnation if the requeotirlg pa,-ty show• good cause, The cow,t shall consider the
factors in Civ. R. 26(8)(4) whei'l delenllining if good cause exists, In ordering production of electroniailly stored informatlo", the oowt may
specify the for,nat ex!Ent, tiIIting aUocatlo<1 of expenses and other condltione for the diocovery of the electro,,ically stwed information,
(4) When information subject to a subpoena is withheld on a claim that it is privileged or subject lo protection as trial preparation materials
under ClV. R. 26(8)(3) or (4), the claim shall be Wide expressly and shall be supported by a description of the natu"' of Uu, document,;,
communication.a, or things not produced that Is oufflctent to enable the demandil\g party to rontesl the claim.
(5) If info[l[l.8tion is produced in respon,e to a subpoena that Is •ubject to a claim of privlleg,, or of prot,,ctim .. trial preparation material, the
person making the cWm may notify any party th.al received the infonnation of the claim and basis for it. After being notUled, a receiving party
must prompily return, sequester, or destroy the specified inJannation and any copie• within Uu, party's posseoolon, C\IStody or control. A
party may not UBe or d1Bc1ose the information until the claim is resolved. A ,eceiving party may promptly present the information to the court
under seal for a determination of the clai111 of pnvilege or ol protection as trial-preparation material. if the reoeMng party disclosed the
lnformetioo before being notifu!d, it must take reaooMble steps to retrieve it, The person who produced the infonnation must preserve the
information until the clilim is resolved.

Page 2 of2
 IN THE COURT OF COMMON PLEAS
LORAJN COUNTY, OHIO

GIBSON BROS., INC., et al,

Case No.: 17CV193761
Plaintiffs,
Judge: Hon. John R. Mireldi
-vs.-
Magistrate: Hon. Joseph Bott
OBERLlN COLLEGE, et al.,

Defendants.

EXHIBIT A
SUBPOENA DUCES TECUM PROPOUNDED UPON
WICKENSHERZERP.ANZA

JNSTRUCTIONS AND DEFINJTJONS

l. "You" means the recipient of this Subpoena and any individual, agent, or representative acting

on your behalf.

2. "Oberlin College" meaus Obe,lin College the corporation incorporated by special legislative

act and located at 173 W. Lorain St., Oberlin, OH 44074, also known as and/or referred lo as

Oberlin College and Conservatory, and of its agents, representatives, employees, students, or

ony other person acting or pwporting to act on behalf of Oberlin College.

3. "Document" and "writing" used interchangeably herein, each mean any tangible thing

including, but not limited to, papers, tapes, diskettes, indexes, file foldern, microfiche,

microfilm, or electronic storage devices upon which there bas been placed handwriting,

typewriting, printing, photostatic or photcgraphic images, any other kind of graphics, or any

fonn ofrecording, communication or representation, including letters, words, pictures, sounds,

symbols, or combinations thereof. Any request relating to a document or writing also includes

any and all nonidentical copies thereof.

02354404-1112000.00-0027 1
4. "Communication," in its singular llll~ plural forms, means any oral or written exchange of

words, thoughts, or idoas to any person or persons, whether it be person to person, in a group,

by telephone, by letter, by telex, by radfo transmission, ot by any other process, electronic or

otherwise. All such communications and writing shall include, without funitation, printed,

types, handwritten or other readable documents, correspondence, memoranda, reports, log

books, minutes, notes, audio tapes, and radio transmissions.

5. "Relating to" means constituting, defining, containing, embodying. reflecting, identifying,

stating, concerning, referring to, dealing with, generated wholly or partly in response to or

because of, or in any way pertaining to.

6. "Litigation" means the case filed in the Lorain County Court of Common Pleas, number

17CVI 93761, before Judge John R. Miraldi.

7. "Insurance provider" means any business, organization, cotporation, or individual who

provided any form of insw:-ance, including, but not limited to, liability insWlUlce or excess

insurance, to Oberlin College and/or Defendant Meredith Raimondo from January I, 2016 to

the present.

8. "Taft'' means the law firm Taft Stettinius & Hollister, LLP and ils agents, representatives,
employees, or any other person acting or purporting to act on behalf of Taft (including, but not

limited to, Attorneys Ronald D. Holman II, Julie A. Crocker, Cary M. Snyder, William A.

Doyle, and Josh M. Mandel).

9. "Wickens" means the law firm Wickens Herzer Panza and its agents, representatives,

employees, or any other person acting or purporting to act on behalf of Wickens (including,

but not limited to, Attorneys Richard D. Panza, Matthew W. Nakon, Malorie A. Alvm1on,

Rachelle I(uznicki Zidar, Michael R. Nakon, and Wilbert V. Farrell IV).

02354404-1 / ll000,00-0027 2
 DOCUMENT REQUESTS

DOCUMENT REQtJES'r NO. l:

Any and all documents that refer or relate to evaluation of risk of loss or the settlement of this

Litigation.

DOCUMENT REQUEST NO. l:

All communications between you and any insurance provider, including, but not limited to,

College Risk Retention Group, Lexington Insurance Company, StarStone Specialty Insurance

Company, and Umted Educators, regarding the subject matter of this Litigation, including, but not

limited to, communications that refer or relate to evaluation ofth.e risk of loss or the settlement of

this Litigation.

0:l354404-1 / 1l000.00,0027 3
 IN THE COURT OF COMMON PLEAS
LORAIN COUNTY, OHIO

GIBSON BROS., INC., et al.,

Case No.: 17CVl93761
Plaintiffs,
Judge: Hon. John R. Miraldi
•VS.·
Magistrate: Hon. Joseph Bott
OBERLIN COLLEGE, et ~I.,

Defendants.

PLAINTIFFS' FIRST SET OF POST-TRIAL REQUESTS FOR PRODUCTION

OF DOCUMENTS DIRECTED TO DEFENDANT OBERLIN COLLEGE

INSTRUCTIONS AND DEFINITIONS

I. "Oberlin College" means Oberlin College the corporation incorporated by special legislative

act and located at 173 W. Lorain St., Oberlin, OH 44074, also known as end/or referred to as

Oberlin College and Conservatory, and of its agents, representatives, employees, students, or

any other person acting or purporting to act on behalf of Oberlin College.

2. "You" means Oberlin College.

3. "Docwnenl" and "writing" used interchangeably herein, each mean any tangible thing

including, but not limited to, papers, tapes, diskettes, indexes, file folders, microfiche,

miclOfihn, or eiectronic storage devices upon which there has been placed handwriting,

typewriting, printing, photostatic or photographic images, any other kind of graphics, or any

fm:m of recording, communication or representation, including letters, words, pictures, sounds,

symbols, or combinations thereof. Any request relating to a document or writing also includes

any and all nonidentical copies thereof.

4. "Communication," in its singular and plural forms, means any oral or written exchange of

words, thoughts, or ideas to any perso~ or persons, whether it be person to person, in a group,

02395l76-l / 12000.00-0027 I
 by telephone, by letter, by telex, by radio transmission, or by any other process, electronic or

otherwise. All such communications and writing shall include, without limitation, printed,

types, handwritten or other readable documents, correspondence, memoranda, reports, log

books, minutes, notes, audio tapes, and radio transmissions.

S. "Relating to" means constituting, defining, containing, embodying, reflecting, identifymg,

stating, conceming, referring to, dealing with, generated wholly or partly in response to or

because of, or in any way pertaining to.

6. "Litigation" means the case filed in the Lorain County Court of Common Pleas, nwnber

l 7CV193761, before Judge John R. Miraldi.

7. "Insurance provider" means any business, organization, corporation, or individual who

provided any form of insurance, including, but not limited to, liability insurance or excess

insurance, to Oberlin College and/or Defendant Meredith Raimondo from January 1, 2016 to

the present.

8. "Taft" means the law finn Taft Stettinius & Hollister, LLP and its agents, representatives,

employees, or any other person acting or purporting to act on behalf of Taft (including, but not

limited to, Attorneys Ronald D. Holman II, Julie A. Crocker, Cary M. Snyder, William A.

Doyle, and Josh M, Mandel).

9. "Wickens" means the law finn Wickens Herzer Panza and its agents, representatives,

employees, or any other person acting or pUIJ)orting to act on behalf of Wickens (including,

but not limited to, Attorneys Richard D. Panza, Matthew W. Nakon, Malorie A. Alverson,

Rachelle Kuznicki Zidar, Michael R. Nakon, and Wilbert V. Farrell IV).

02395176· 1 I 12000.00-0027 2
 DOCUMENT REQUESTS

DOCUMENT REQUEST NO. 1:

Any 1111d all docwnents that refer or relate to evaluation of risk of loss or the settlement of this

Litigation.

DOCUMENT REQUEST NO. 2:

All communications between you 1111d 1111y insurance provider, including, but not limited to,

College Risk Retention Group, Lexington Insurance Company, StarStone Specialty Insur1111ce

Company, and United Educators, regarding the subject matter of this Litigation, including, but not

limited to, communications that refer or relate to evaluation of risk ofloss or the settlement of this

Litigation.

l>OCUMENT REQUEST NO. 3:

All communications between Taft 1111d any insurance provider, including, but not limited to,

College Risk Retention Group, Lexington Insurance Company, StarStone Specialty Insurance

Company, and United Educators, regarding the subject matter of this Litigation, including, but not

limited to, communications that refer or relate to evaluation of risk ofloss or the settlement of this

Litigation.

DOCUMENT REQUEST NO. 4:

All communications between Wickens and any insurance provider, including, but not limited to,

College Risk Retention Group, Lexington Insurance Company, StarStone Specialty Insurance

Company, and United Educators, regarding the subject matter of this Litigation, including, but not

OZ395l76-l / 12000 00-00i? 3

limited to, commmucations that refer or relate to evaluation of risk ofloss or the settlement ofthis

Litigation.

DATED: August 16, 2019 Respectfully submitted,

TZANGAS I PLAKAS I MANNOS I LTD

Isl Brandon W. McHugh

Lee E. Plakas (0008628)
Brandon W. McHugh (0096348)
Jeananne M. Ayoub (0097838)
220 Merket A venue South
Eighth Floor
Canton, Ohio 44702
Telephone: (330) 455-6112
Facsimile: (330) 455-2108
Email: lplakas@lawlion.com
bmchugh@lawlion.com
jayoub@lawlion.com

-and-

KRUGLIAK, WILKINS, GRIFFITHS &

DOUGHERTY CO., L,P.A,

Terry A. Moore (0015837)

Owen J. Rarric (0075367)
Matthew W. Onest (0087907)
4775 Munson Street, N.W.
P.O, Boi1. 36963
Canton, Ohio 44735-6963
Telephone: (330) 497-0700
Facsimile: (330) 497-4020
Email: tmoore@kwgd.com
orarric@kwgd.com
monest@kwgd.com

-and-

JAMES N. TAYLOR CO., L.P.A.

James N. Taylor (0026181)

409 East Avenue, Suite A
Elyria, Ohio 4403 5
Telephone: (440) 323-5700

02395176-1 I 12000.00-0027 4
 Email: taylor@jameslaylorlpa.com
Counsel for Plaintiffs

PROOF OF SERVICE

A copy of the foregoing was served on August 16, 2019, pursuant to Civ.R. S(B)(2)(f) by

sending it by electronic means to the email addresses identified below, to:

Ronald D. Holman, II Richard D. Panza

Julie A. Crocker Matthew W. Nakon
Cary M. Snyder RacheJle Kuznicki Zidar
William A. Doyle Malorie A. Alverson
Josh M. Mandel Wilbert V. Farrell, IV
Taft Stettinius & Hollister LLP Michael R. Nakon
200 Public Square, Suite 3500 Wickens, Herzer, Panza, Cook & Batista Co.
Cleveland, OH 44114-2302 35765 Chester Road
rholman@tafllaw.com; Avon, OH: 44011-1262
jcrocker@tafllaw.com; RPanza@WickensLaw.com;
csnyder@taftlaw.com; MNakon@WickensLaw.com;
wdoyle@taftlaw.com; RZidar@WkkensLaw.com;
jmandel@taftlaw.com; MAlverson@WickensLaw.com;
Co-Counsel/or Defendants WFarrell@WickensLaw.com;
Oberlin College aka Oberlin College and MRNakon@WickensLaw.com;
ConJervatory. and Meredith Raimondo Co-Counsel for Defendants
Oberlin College aka Oberlin College and
Conservatory, and Meredith Raimondo

/s/ Brandon W. McHugh

Brandon W, McHugh
Counsel for Plaintiffs

02395176-1 I 12000.00-0027 5
 TZANGAS PLAKAS MANNOS L'l'l>
ATTORNEYS AND COUNSELORS AT LAW
220 Market Avenue South
Eighth Floor
Canton, Ohio 44702
(330) 455-6112
Fax (330) 455-2 I08
Fax

To: Lorain Cty. Ct. of Cmn. Pleas Clerk of Courts

Fax#: (440) 328-2416
From: Brandon W. McHugh (0096348)
Date: August 19, 2019
Case: Gibson Bros., Inc., et al., v. Oberlin College, et al.
Case No.: 17CV193761

Judge: Hon. John R. Miraldi

Pages: 19 (including cover page)
Description: Supplement to Plaintiffs' Motion for Prejudgment
Interest

Isl Brandon W. McHugh

Brandon W. McHugh (0096348)
Counsel for Plaintiffs

The information contained in thls facsimile message is attorney privileged and confidential
information intended for the use of the individual or entity named above. If the reader of this
message is not the intended recipient, or an employee or agent responsible to deliver to the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you received this communication in error, please notify
us immediately by telephone, and return the original message to our office at the above address
via the U.S. postal service.