NAILAH K.

BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113

Court of Common Pleas

New Case Electronically Filed:

November 1,2018 15:43

By: CHRISTOPHER P. THORMAN 0056013

Confirmation Nbr. 1539320

JAMES BOYLAN CV 18 906345

vs.
Judge: NANCY MARGARET RUSSO
CAVALIERS HOLDINGS, LLC, ET AL

Pages Filed: 11

Electronically Filed 11/01/2018 15:43/ / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

)
JAMES BOYLAN, ) CASE NO.:
23220 Chagrin Blvd, Apt 240 )
Beachwood, OH 44122, ) JUDGE
)
Plaintiff, )
) COMPLAINT
vs. )
)
CAVALIERS HOLDINGS, LLC, ) Jury Demand Endorsed Hereon:
c/o United Agent Group, Inc., Statutory ) Plaintiff demands a trial by jury on
Agent ) all issues triable of right by a jury,
119 S. Court Street ) pursuant to Ohio R. Civ. P. 38.
Cincinnati, Ohio 45202, )
)
CAVALIERS OPERATING )
COMPANYLLC, )
c/o United Agent Group, Inc., Statutory )
Agent )
119 S. Court Street )
Cincinnati, Ohio 45202, )
)
DANIEL GILBERT, )
26875 Charles Ln. )
Franklin, MI 48025-1302, )
)
KOBY ALTMAN, )
12 Colony Ln. )
Bratenahl, OH 44108, )
)
Defendants. )

INTRODUCTION

1. Plaintiff James Boylan (hereafter “Plaintiff” or “Coach Boylan”) brings this claim for age

discrimination against Defendants under Ohio law.

2. Coach Boylan is a resident of Cuyahoga County, Ohio. Coach Boylan is a “person” and

an “employee” as those terms are defined by Ohio Revised Code § 4112.01.

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 3. Defendant Cavaliers Holdings, LLC, is a Delaware corporation with a principal place of

business in Cuyahoga County, Ohio. Cavaliers Holdings, LLC, is a “person” and an

“employer” as those terms are defined by Ohio Revised Code § 4112.01.

4. Defendant Cavaliers Operating Company, LLC, is a Delaware corporation with a

principal place of business in Cuyahoga County, Ohio. Cavaliers Operating Company,

LLC, is a “person” and an “employer” as those terms are defined by Ohio Revised Code

§ 4112.01.

5. Defendant Cavaliers Holdings, LLC, is the owner and operator of the Cleveland

Cavaliers, a member of the National Basketball Association (“NBA”).

6. Daniel Gilbert is a resident of Oakland County, Michigan. Mr. Gilbert is a “person” and

an “employer” as those terms are defined by Ohio Revised Code § 4112.01. Mr. Gilbert

is the Majority Owner of Defendants Cavaliers Holdings, LLC, and Cavaliers Operating

Company, LLC.

7. Koby Altman is a resident of Cuyahoga County, Ohio. Mr. Altman is a “person” and an

“employer” as those terms are defined by Ohio Revised Code § 4112.01. Mr. Altman is

the General Manager of the Cleveland Cavaliers, and employed by Defendants Cavaliers

Holdings, LLC, and Cavaliers Operating Company, LLC.

8. Individual and corporate Defendants, unless otherwise noted, will be referred to hereafter

as “the Cavaliers.”

9. Defendants Cavaliers Holdings, LLC, and Cavaliers Operating Company, LLC,

constitute a single joint-employer/integrated entity given, among other considerations: a.

the interrelated nature of these entities in record keeping, bank and financial accounts,

equipment, computer networks, corporate offices and structure; b. their common

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 management and supervision among these and related organizations as it pertains to

supervisory authority, directors, officers, managers and day-to-day operations; c.

centralized human resource, benefits, employee relations and legal functions; and d.

common ownership and financial control.

10. Defendants Cavaliers Holdings, LLC and Cavaliers Operating Company, LLC, and

Daniel Gilbert manage, participate in and exert control and/or meaningful direction over

all operations, management, supervision and employees for the related corporate entities

and affiliates relevant to this dispute, including with respect to the decision to non-renew,

and terminate Coach Boylan’s employment.

11. Coach Boylan was employed by Defendants as an Assistant Coach until the time of his

termination in or around June 2018.

12. This Court has jurisdiction over Plaintiff’s claims insofar as they arise under Ohio law.

13. Venue is proper in Cuyahoga County, Ohio, because Defendants conduct business in

Cuyahoga County and the conduct and injuries giving rise to the claim below arose in

Cuyahoga County.

14. In Ohio, individual supervisors and managers are liable for discrimination pursuant to

R.C. 4112 of the Ohio Revised Code.

FACTUAL ALLEGATIONS

15. At all times relevant hereto, Coach Boylan was over the age of forty (40).

16. Coach Boylan was born in April 1955.

17. Coach Boylan has worked in basketball for his entire career.

18. Coach Boylan has been successful as a player and as a coach in basketball. At Marquette

University, he was the starting point guard under Coach Al McQuire and helped

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 Marquette win the 1977 NCAA Men’s Division I Basketball Tournament. Coach Boylan

was drafted in the 4th round into the NBA. He has successfully served as a coach in a

number of organizations throughout his career winning championships with European

franchises and as a coach in the NBA. He served as Assistant Coach at Michigan State

University and as Head Coach at the University of New Hampshire. In 2016, Coach

Boylan was nominated for the Tex Winter Assistant Coach Lifetime Impact Award. He

received votes for Assistant Coach of the Year in the NBA’s General Manager Survey

three of his six years with the Cleveland Cavaliers, including the two most recent

seasons.

19. In 1992, Coach Boylan was hired by the Cleveland Cavaliers and served as Assistant

Coach to Lenny Wilkens. He remained with the organization through head coaching

changes and served as Assistant Coach to Head Coach Mike Fratello through 1997.

20. For the period 1997-2004, Coach Boylan served as an Assistant Coach in the NBA,

including with the Vancouver Grizzlies, Phoenix Suns, and Atlanta Hawks.

21. From 2004-2007, Coach Boylan served as Lead Assistant Coach to Scott Skiles for the

Chicago Bulls, and was eventually promoted to Interim Head Coach.

22. From 2008-2013, Coach Boylan served as Lead Assistant Coach of the Milwaukee

Bucks, and was eventually promoted to Interim Head Coach.

23. On or about June 28, 2013, Coach Boylan was hired as Assistant Coach by the Cavaliers.

24. At the time Coach Boylan was hired, the Cavaliers Head Coach was Mike Brown and its

General Manager was Chris Grant. Coach Boylan remained with the Cavaliers as a coach

through multiple head coaching changes, including under Coach Blatt and then Coach

Lue.

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 25. On or about July 1, 2015, Coach Boylan’s employment contract was extended for an

additional year.

26. On or about July 1, 2016, Coach Boylan’s employment contract was extended for a

second time, for two additional years.

27. At the time Coach Boylan’s contract was extended in 2016 the General Manager for the

Cavaliers was David Griffin.

28. Under the terms of his employment, Coach Boylan was to report directly to the

Cavaliers’s Head Coach and to its General Manager.

29. In each of the last four years of Coach Boylan’s employment, the Cavaliers led by

LeBron James advanced to the NBA finals.

30. At all times relevant hereto, Coach Boylan was qualified for the position in which he was

employed.

31. At all times relevant hereto, Coach Boylan successfully performed the duties and

responsibilities of his position.

32. In or around July 2017, Defendant Koby Altman was promoted to the position of General

Manager.

33. On or about June 17, 2018, then Cavaliers Head Coach Tyronn Lue left Coach Boylan a

voicemail, informing him his employment would end, in which Coach Lue said: “Jimbo,

what’s up, yo? This is T Lue. I had a talk with Koby yesterday. He does not want to pick

up your option. He said it’s way too much money. They’re not gonna pay that kind of

money for three assistants on the bench. He wants to go younger in that position and, you

know, find somebody who’s a grinder and younger in that position. And he said he does

not want to pick the option up for I guess it’s 500 or - I’m not sure. He said five

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 something. And he just said it’s too much money, he said, so we’ll be paying Longabardi

and LD. So he just said he wanted to go younger at that position and he does not want to

pick up the option.”

“But give me a call back if you get a chance. If you don’t, I just want to thank you

for everything and for everything you’ve given to me, stuff I’ve learned from you, helped

me through all the situations, the health situations, and just being a young coach, man.

You know, I hate to see this shit end like this, but I mean, I mean you try to (inaudible) to

do this. Unbelievable, man. And so, you know, I just wanted to let you know that.”

“So I’ll try to give you a call, but that’s kind of what Koby’s thinking is, and

that’s kind of where Dan was at. And so I just wanted to, you know, give you a call, you

know, to tell you that. I’m out of town right now to come and look at some places for

myself for the center, but I’ll be back in town I think Friday or Saturday. So I wanted to

let you know, man. I just want to say thank you; I love you, brother. And, yeah, honestly,

if you need anything from me, you know, I’ll be right there to ask, I’ll be there to help

you, man. So thank you.” (the voicemail is hereafter referred to as the “Lue Voicemail”).

34. The “Dan” referred to by Coach Lue in his voicemail is Cavaliers Owner, individual

defendant Daniel Gilbert.

35. The Koby referred to by Coach Lue in his voicemail is the General Manager for the

Cavaliers, individual defendant Koby Altman.

36. After receiving the Lue Voicemail, Coach Boylan had a conversation with individual

Defendant Koby Altman. During the conversation, Defendant Altman informed Coach

Boylan that he had discussed the decision with Coach Lue, that the organization, he and

Dan Gilbert wanted a “younger” coach in the position and that the separation had nothing

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 to do with Coach Boylan’s work or job performance. Defendant Altman informed Coach

Boylan that he was not being renewed as a Coach because Defendants preferred to have

“younger” coaches than Coach Boylan.

37. Defendant Koby Altman participated in the decision to end Coach Boylan’s employment.

38. Defendant Daniel Gilbert participated in the decision to end Coach Boylan’s

employment.

39. Defendants have a pattern and practice of age discrimination across Defendant Gilbert’s

corporate organizations in which he owns equity and controlling interest, and in his

affiliated enterprises, including the Cavaliers and corporate Defendants. Defendants

discriminate against employees and candidates for employment on the basis of age with

respect to hiring, renewal, termination, pay, raises, benefits, and in the terms and

conditions of employment. Defendants discriminatorily favor younger less qualified

candidates and employees over substantially older employees.

40. On or about June 2018, Defendants separated Coach Boylan from his employment.

41. On or about June 2018, Defendants hired, retained or promoted Terry Nooner, age 40, for

the position of Assistant Coach.

42. On or about June 2018, Defendants hired, retained or promoted Mike Gerrity, age 32, to

the position of Assistant Coach.

43. On or about June 2018, Defendants hired, retained or promoted Dan Geriot, age 29, to the

position of Assistant Coach.

44. On or about June 2018, Defendants hired, retained or promoted Damon Jones, age 42, to

the position of Assistant Coach.

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / ConfirtTiation Nbr. 1539320 / CLJSZ

 45. On or about June 2018, Assistant Coaches Michael Longabardi, age 45, and James Posey,

age 41, were hired, retained, or promoted in their positions.

46. On or about the summer of 2018, in addition to the hirings, promotions and retentions

described above, upon information and belief, Defendants hired, sought to hire, promoted

or retained other substantially younger employees into positions with related coaching

duties and responsibilities.

47. At the time of the decisions at issue, the Defendants were aware and knew that age

discrimination in employment was illegal.

48. On July 1, 2018, through his representatives, LeBron James informed the Defendants that

he would not be returning to play for the Cavaliers.

49. Coach Boylan was not terminated for any reasons related to his actual performance.

50. Coach Boylan was not terminated from his employment for just cause under the terms of

his employment agreement.

51. Coach Boylan was not terminated for any reasons related to non-compliance with

Defendants’ policies or procedures.

52. Defendants hired, retained, transferred and promoted substantially younger individuals

into Plaintiff’s position (including assigning substantially younger individuals Plaintiff’s

duties and responsibilities) and into open positions for which Coach Boylan was qualified

and which were available.

53. On September 5, 2018, Coach Boylan through his representatives contacted Defendant

corporations through Len Komoroski, their Chief Executive Officer, by mail.

54. In or around September 2018, Defendants, being aware of the previous related

conversations with Coach Lue, again became aware of the Lue Voicemail in which,

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 among other things, Coach Lue per their instructions had confirmed that Defendants

Gilbert and Altman “wanted to go younger at that position” and were ending Coach

Boylan’s employment.

FIRST CAUSE OF ACTION

(Age Discrimination in Violation of Ohio Revised Code § 4112)

55. Plaintiff incorporates by reference the allegations from the preceding paragraphs as if

fully re-alleged herein.

56. Defendants unlawfully discriminated against Coach Boylan because of his age with

respect to the terms and conditions of his employment by discriminatorily refusing to

employ, hire, extend or renew his employment, by refusing to transfer or retain him into

other positions for which he was qualified, by denying him equal privileges and

opportunities of employment, and by terminating his employment in violation of Ohio

Revised Code §§ 4112.02 and 4112.99.

57. As a direct and proximate result of Defendants’ unlawful conduct, Coach Boylan suffered

and will continue to suffer economic and non-economic damages, including, but not

limited to, back pay, front pay, past and future economic losses, pain and suffering, and

the loss of salary, benefits and other privileges and conditions of employment.

58. Defendants’ discriminatory actions against Coach Boylan in violation of Ohio Revised

Code § 4112.02 were willful, reckless, and/or malicious, done in conscious disregard of

Coach Boylan’s rights and render Defendants liable for past and future economic and

non-economic compensatory and punitive damages pursuant to Ohio Revised Code §

4112.99, as well as attorneys’ fees, costs, expert fees, and any equitable relief that this

Court deems appropriate.

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 SECOND CAUSE OF ACTION
(Aiding and Abetting Discrimination)

59. Plaintiff incorporates by reference the allegations from the preceding paragraphs as if

fully re-alleged herein.

60. Defendants aided and abetted each other in discriminating against Coach Boylan in

violation of O.R.C. § 4112.02(J) because of his age.

61. As a direct and proximate result of Defendants’ aiding and abetting discrimination in

violation of O.R.C. § 4112.02(J), Coach Boylan suffered and will continue to suffer

economic and non-economic damages, including, but not limited to, back pay, front pay,

past and future economic losses, pain and suffering, and the loss of salary, benefits and

other privileges and conditions of employment.

62. Defendants’ discriminatory actions against Coach Boylan in violation of O.R.C. §§

4112.02(J) and 4112.99 were willful, reckless, and/or malicious, done in conscious

disregard of Coach Boylan’s rights and render Defendants liable for past and future

economic and non-economic compensatory and punitive damages pursuant to Ohio

Revised Code § 4112.99, as well as attorneys’ fees, costs, expert fees, and any equitable

relief that this Court deems appropriate.

PRAYER FOR RELIEF

Plaintiff James Boylan seeks an amount in excess of $25,000 to fully, fairly and justly

compensate him for injury, damage and loss, and respectfully prays that this Court enter

judgment in his favor and award him past and future economic and non-economic compensatory

damages, fringe benefits, consequential damages, special damages, incidental damages, punitive

damages, liquidated damages, interest, attorneys’ fees, expert fees, all fees and costs, and any

additional equitable relief that the Court deems appropriate.

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ

 Respectfully submitted,

/s/Christopher P. Thorman_ _ _ _ _ _ _ _ _
CHRISTOPHER P. THORMAN (0056013)
cthorman @ tp gfirm.com
DANIEL P. PETROV (0074151)
[email protected]

Thorman Petrov Group Co., L.P.A.

50 E. Washington Street
Cleveland, Ohio 44022
P: 216-621-3500
F: 216-621-3422

Attorneys for Plaintiff James Boylan

Electronically Filed 11/01/2018 15:43 / / CV 18 906345 / Confirmation Nbr. 1539320 / CLJSZ