Dreni v. PrinterOn America Corporation

Background

Denis Dreni moved before trial to prevent PrinterOn America Corporation from presenting evidence about Dreni’s involvement in two earlier lawsuits. Dreni had sued PrinterOn for claims including breach of contract and breach of the implied duty of good faith and fair dealing, alleging that PrinterOn failed to pay commissions under his employment agreement and commission plans. PrinterOn asserted counterclaims, including that Dreni breached the employment agreement by maintaining Skypoint Advisors, LLC, and serving as its managing member while employed by PrinterOn. PrinterOn relied on the agreement’s provision barring other employment, gainful occupations, or businesses during Dreni’s employment.

Skypoint Litigation

Dreni sought to exclude three categories of evidence from the Skypoint Litigation: Skypoint’s Third Amended Complaint, Florida annual reports for 2017 through 2019, and an affidavit by Dreni. Dreni argued that the evidence would unfairly suggest that he was a litigious person. PrinterOn argued that the evidence was relevant to show Dreni’s other employment while working for PrinterOn.

The court denied Dreni’s request as to the publicly filed Florida annual reports. It found that the reports did not themselves suggest litigiousness and were relevant to whether Dreni engaged in other employment while employed by PrinterOn.

As to the Skypoint complaint and Dreni’s affidavit, the court denied Dreni’s motion without prejudice and reserved decision until trial. The court stated that the facts shown by those documents might instead be established through a stipulation, testimony, or other documentary evidence with less risk of unfair prejudice. The court also stated that Dreni’s refusal to stipulate, or his contesting the facts at trial, could permit use of the evidence for impeachment or to establish an element of PrinterOn’s claim.

Albania Litigation

Dreni also sought to exclude an Albanian appellate decision concerning his 2010-to-2013 employment lawsuit against ASC LLC for unpaid wages. PrinterOn argued that the decision showed Dreni had a motive and plan to bring a similar lawsuit against PrinterOn because he had previously succeeded in a similar case.

The court granted Dreni’s motion as to this evidence. It found the evidence irrelevant to the claims in the present case and noted that PrinterOn had provided no evidence that the earlier lawsuit was fraudulent. The court also concluded that admitting the evidence would create a collateral dispute about the earlier case, cause jury confusion, and waste time.

Disposition

The court stated that Dreni’s motion in limine was GRANTED IN PART as to evidence of the Albania Litigation, DENIED IN PART without prejudice as to evidence of Dreni’s involvement in the Skypoint Litigation, and DENIED IN PART as to the Skypoint Florida annual reports. The court reserved decision on admitting the Skypoint complaint and affidavit until trial and requested that the Clerk close docket entry 124.