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SECTION SECTION Case SECTION 1 As of 06 08 PM EDT 1 of 5 U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE # 1 Koren v. Ohio Bell Telephone Co. Assigned to Judge James S. Gwin Cause 29 0794 Job Discrimination (Handicap) SECTION PlaintiffSECTION Jason W. Koren Date Filed Date Terminated Jury Demand SECTION PlaintiffSECTION Nature of Suit 445 Civil Rights Americans with Disabilities - Employment Jurisdiction Federal Question represented by Angela D. Krupar INVALID ADDRESS - Dworken & Bernstein - Painesville 60 South Park Place Painesville, OH 44077 Email akrupar@dworkenlaw.com (Inactive) ATTORNEY TO BE NOTICED Richard N. Selby, II Dworken & Bernstein - Painesville 60 South Park Place Painesville, OH 44077 Fax Email rselby@dworkenlaw.com ATTORNEY TO BE NOTICED V. SECTION DefendantSECTION Ohio Bell Telephone Company represented by Donald C. Bulea Giffen & Kaminski Ste. 1600 1300 East Ninth Street Cleveland, OH 44114 Fax Email dbulea@thinkgk.com ATTORNEY TO BE NOTICED Kerin L. Kaminski Giffen & Kaminski Ste. 1600 1300 East Ninth Street Cleveland, OH 44114 Fax Email kkaminski@thinkgk.com ATTORNEY TO BE NOTICED Date Filed # Docket Text 1 Complaint with jury demand against Ohio Bell Telephone Co. Filed by Jason Koren. (Attachments # 1 Exhibit A-EEOC letter, # 2 Civil Cover Sheet, # 3 Summons) (Selby, Richard) Modified text on (C,B). Modified to add jury demand on (H,LA). (Entered SECTION Case SECTION 1 As of 06 08 PM EDT 2 of 5 Judge James S. Gwin assigned to case. (C,B) (Entered Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,B) (Entered 2 Original Summons and Magistrate Consent Form issued for service upon Ohio Bell Telephone Co. (Attachments # 1 Magistrate Consent Form) (C,B) (Entered 3 Return of Service by certified mail executed upon Ohio Bell Telephone Co. on filed on behalf of Jason W. Koren Related document(s) 1. (Attachments # 1 Exhibit A-Executed Green Card)(Selby, Richard) (Entered 4 Stipulated Motion for leave to Plead filed by SECTION DefendantSECTION Ohio Bell Telephone Co.. (Bulea, Donald) (Entered 5 Marginal Entry Stipulation & Order signed by Judge James S. Gwin on granting the parties' stipulated motion for an extension until 2/3/12 for the filing of an answer by defendant. (Related Doc. 4 ) (M,G) (Entered 6 Magistrate Consent Package issued on on behalf of Judge James S. Gwin. (M,G) (Entered 7 Case Management Conference Scheduling Order signed by Judge James S. Gwin on setting a conference for at 4 00 p.m., Chambers 18A (Cleveland). (M,G) (Entered 8 Notice of appearance of counsel by Kerin L. Kaminski filed by on behalf of Ohio Bell Telephone Co.. (Kaminski, Kerin) Modified text on (H,KR). (Entered 9 Answer to 1 Complaint filed by Ohio Bell Telephone Co.. (Bulea, Donald) (Entered 10 Corporate Disclosure Statement identifying Corporate Parent AT&T Teleholdings, Inc. for Ohio Bell Telephone Co. filed by Ohio Bell Telephone Co.. (Bulea, Donald) (Entered 11 Stipulated Motion to Correct Name of SECTION DefendantSECTION filed by SECTION DefendantSECTION Ohio Bell Telephone Co.. (Bulea, Donald) (Entered 12 Marginal Entry Order signed by Judge James S. Gwin on granting the parties' stipulated motion to correct name of defendant to The Ohio Bell Telephone Company. (Related Doc. 11 ) (M,G) (Entered 13 Motion to appear at case management conference via telephone by SECTION PlaintiffSECTION Jason W. Koren. Related document(s) 7. (Selby, Richard) Modified on (H,KR). (Entered 14 Marginal Entry Order signed by Judge James S. Gwin on granting plaintiff's motion to attend the case management conference via telephone. (Related Doc. 13 ) (M,G) (Entered 15 Report of Parties' Planning Meeting, parties do not consent to this case being assigned to the magistrate judge, filed by Ohio Bell Telephone Company. (Bulea, Donald) (Entered IMPORTANT Notice non-document that the case management conference scheduled for at 4 00 p.m., is rescheduled to 11 00 a.m. on with Judge James S. Gwin. The conference will now be conducted via telephone with all counsel, parties and persons with full settlement authority required to participate. Counsel will be notified via e-mail of the Court's contact information. (Related Doc. 7 ) (M,G) (Entered 16 Minutes of case management conference before Judge James S. Gwin on (Court Reporter none; Time 15 min.) (M,G) (Entered 17 Case Management Conference Plan/Order signed by Judge James S. Gwin on Case assigned to the Standard Track. Parties to be joined and pleadings SECTION Case SECTION 1 As of 06 08 PM EDT 3 of 5 amended by Preliminary discovery to be completed by Dispositive motions to be filed by 6/4/12 with responses due and replies due by All discovery due by Status conference set for at 12 00 noon and final pretrial conference set for 9/5/12 at 12 00 noon, both in Chambers 18A (Cleveland). Bench trial is assigned on a two-week standby basis beginning at 8 00 a.m., Courtroom 18A (Cleveland). (M,G)(M,G) (Entered 18 Order signed by Judge James S. Gwin on that plaintiff identify experts by 4/9/12 and defendant shall make identification by (M,G) (Entered 19 Order signed by Judge James S. Gwin on limiting each side to a total of 350 minutes for depositions. (M,G) (Entered 20 Subpoena Returned Executed; served upon Ms. Colleen Moughan by personal service by taping subpoena to door on (B,B) (Entered 21 Subpoena Returned Executed; served upon Ms. Noreen Jadus by personal service on (B,B) (Entered 22 Subpoena Returned Executed; served upon Terez E. Woods by via fax - receipt e-mail on (B,B) (Entered 23 Subpoena Returned Executed; served upon Ms. Kimberly Wynn by via fax - received via e-mail on (B,B) (Entered 24 Notice of Filing Deposition Transcripts filed by Ohio Bell Telephone Company. (Attachments # 1 Jason Koren Deposition Transcript, # 2 Noreen Jadus Deposition Transcript)(Bulea, Donald) (Entered 25 Motion for summary judgment filed by SECTION DefendantSECTION Ohio Bell Telephone Company. (Attachments # 1 Exhibit 1 - Koren Deposition Exerpts, # 2 Exhibit 2 - James Tench Affidavit, # 3 Exhibit 3 - Kim Miceli Affidavit, # 4 Exhibit 4 - Jadus Deposition Exerpts, # 5 Exhibit 5 - Scott Willis Affidavit, # 6 Exhibit 6 - Article 18 of Bargaining Agreement, # 7 Exhibit 7 - Attendance Policy, # 8 Exhibit 8 - Final Warning Letter, # 9 Exhibit 9 - Grievance Report, # 10 Exhibit 10 - Letter re Limited Term Service Reps)(Bulea, Donald) (Entered 26 Motion for extension of time until June 25, 2012 to Respond to Def MSJ filed by SECTION PlaintiffSECTION Jason W. Koren. Related document(s) 25. (Selby, Richard) (Entered Order non-document entered by Judge James S. Gwin on granting plaintiff's motion for an extension until to respond to defendant's motion for summary judgment. The reply date is extended to There will be no further extensions. (Related Doc. 26 ) (M,G) (Entered 27 Opposition to 25 Motion for summary judgment filed by Jason W. Koren. (Attachments # 1 Exhibit A-Koren Depo Transcript, # 2 Exhibit B-Micel Depo Transcript, # 3 Exhibit C-Tench Depo Transcript, # 4 Exhibit D-Moughan Depo Transcript, # 5 Exhibit E-Willis Depo Transcript)(Selby, Richard) (Entered 28 Motion to attend by telephone filed by SECTION PlaintiffSECTION Jason W. Koren. (Selby, Richard) (Entered 29 Reply in support of 25 Motion for summary judgment filed by Ohio Bell Telephone Company. (Bulea, Donald) Modified text on (H,LA). (Entered 30 Joint Motion to continue Status Conference filed by SECTION DefendantSECTION Ohio Bell Telephone Company. (Bulea, Donald) (Entered 31 Marginal Entry Order signed by Judge James S. Gwin on 7/9/12 granting the parties' joint motion to continue the status conference; conference reset for at 8 30 a.m., Chambers 18A (Cleveland). (Related Doc. 30 ) (M,G) (Entered Order non-document entered by Judge James S. Gwin on denying as moot plaintiff's motion to attend the status conference via telephone. (Related Doc. SECTION Case SECTION 1 As of 06 08 PM EDT 4 of 5 28 ) (M,G) (Entered 32 Motion to attend Status Conference by telephone filed by SECTION PlaintiffSECTION Jason W. Koren. Related document(s) 31. (Selby, Richard) (Entered Order non-document entered by Judge James S. Gwin on granting plaintiff's motion to attend the status conference via telephone. (Related Doc. 32 ) (M,G) (Entered IMPORTANT Notice non-document that due to an unexpected scheduling conflict the status conference with Judge James S. Gwin set for at 8 30 a.m., is reset to 3 30 p.m. The status conference will now be conducted via telephone for all participants. Counsel will be advised via e-mail of the Court's contact information. (Related Doc. 31 ) (M,G) (Entered 33 Minutes of status conference before Judge James S. Gwin on (Court Reporter none; Time 25 min.) (M,G) (Entered IMPORTANT Notice non-document that the final pretrial conference has been rescheduled to 9/6/12 at 11 00 a.m., Chambers 18A (Cleveland). (M,G) (Entered 34 Opinion and Order signed by Judge James S. Gwin on denying defendant's motion for summary judgment. (Related Doc. 25 ) (M,G) (Entered 35 Subpoena Returned Executed; served upon Mark Lipaj Insurance Agency Inc., c/o Mark Lipaj by Personal Service on filed on behalf of Ohio Bell Telephone Company (Bulea, Donald) (Entered Remark Counsel shall note that the trial scheduled for at 8 00 a.m., will be a jury trial and not a bench trial as noted in the Court's trial order. (Related Docs. 1, 17 ) (M,G) (Entered 36 Subpoena Returned Executed; served upon State Farm Insurance, c/o Dick McClement by Personal Service on filed on behalf of Ohio Bell Telephone Company (Bulea, Donald) (Entered 37 Attorney Appearance of Angela Krupar by Richard N. Selby, II filed by on behalf of Jason W. Koren. (Selby, Richard) Modified on to add counsel to docket and regenerate NEF's to new counsel. (H,LA). (Entered 38 Proposed Jury Instructions filed by Jason W. Koren. (Selby, Richard) (Entered 39 Proposed Voir Dire filed by Jason W. Koren. (Selby, Richard) (Entered 40 Joint Proposed Stipulation and Order filed by Ohio Bell Telephone Company. (Attachments # 1 Appendix B - SECTION PlaintiffSECTION's Exhibit List, # 2 Appendix B - SECTION DefendantSECTION's Exhibit List, # 3 Appendix C - SECTION PlaintiffSECTION's Witness List, # 4 Affidavit C - SECTION DefendantSECTION's Witness List)(Bulea, Donald) Modified to note unsigned by counsel on (H,LA). (Entered 41 Proposed Jury Instructions filed by Ohio Bell Telephone Company. (Bulea, Donald) (Entered 42 Proposed Voir Dire filed by Ohio Bell Telephone Company. (Bulea, Donald) (Entered 43 Final Pretrial Order approved by Judge James S. Gwin on (M,G) (Entered 44 Motion in limine to exclude the testimony from or evidence of Erica Dismukes, Rick Plant, Deidre Thomas, Andrew Wege, Freeze McCarter, Martin Lopez, and Mark Stanislawski filed by SECTION PlaintiffSECTION Jason W. Koren. (Attachments # 1 Exhibit A-Def Resp/Obj to Pl Discovery, # 2 Exhibit B-Def Initial Disclosures)(Selby, Richard) Modified text on (H,LA). (Entered 45 Motion in limine to exclude references by defendant to plaintiff's private State Farm Disability Insurance Policy filed by SECTION PlaintiffSECTION Jason W. Koren. (Attachments # 1 SECTION Case SECTION 1 As of 06 08 PM EDT 5 of 5 Exhibit A-Def Ameritech Disability Plan)(Selby, Richard) Modified text on (H,LA). (Entered 46 Motion to bifurcate filed by SECTION DefendantSECTION Ohio Bell Telephone Company. (Bulea, Donald) (Entered 47 Motion in limine to Exclude Opinion Testimony that Ohio Bell Caused SECTION PlaintiffSECTION's Disability filed by SECTION DefendantSECTION Ohio Bell Telephone Company. (Attachments # 1 Exhibit 1 - SSA Decision)(Bulea, Donald) (Entered 48 Motion in limine to Limit Any Award of Back Pay to Time Period Before SECTION PlaintiffSECTION Became Totally Disabled filed by SECTION DefendantSECTION Ohio Bell Telephone Company. (Attachments # 1 Exhibit 1 - SSA Decision)(Bulea, Donald) (Entered 49 Motion in limine to Strike SECTION PlaintiffSECTION's Demand for, or an Award of, Front Pay filed by SECTION DefendantSECTION Ohio Bell Telephone Company. (Attachments # 1 Exhibit 1 - SSA Decision)(Bulea, Donald) (Entered 50 Minutes of final pretrial conference before Judge James S. Gwin on (Court Reporter none; Time 1 hr. 15 min.) (M,G) (Entered 51 Order signed by Judge James S. Gwin on 9/6/12 setting forth trial procedure and allocating 350 minutes per side for the presentation of their respective cases. (M,G) (Entered 52 Witness List (Revised) filed by Ohio Bell Telephone Company. (Bulea, Donald) (Entered 53 Order signed by Judge James S. Gwin on Upon representation of counsel for plaintiff that all issues have been resolved the docket is marked settled and dismissed with prejudice. The Court retains jurisdiction as set forth in this entry. (M,G) (Entered

Summary: 


On December 9, 2011, an openly gay former employee of Ohio Bell Telephone Company filed suit in U.S District Court for the Northern District of Ohio alleging that he had been dismissed in violation of the ADA, Title VII of the Civil Rights Act, and multiple sections of Ohio's Civil Rights Act. Plaintiff took his husband's last name after the couple was married in Massachusetts and had AIDS and alleged he was fired for those reasons. The court denied Defendant's motion to dismiss and the case settled in September 2012.

