IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY

)

COMMISSION

)

Plaintiff,

)

)

v.

)

COGNIS CORPORATION

)

)

)

Defendant.

)

)

CIVIL ACTION NO. C-1-03-677 Judge: Spiegel, J. Magistrate: J. Hogan
COMPLAINT
JURY TRIAL DEMAND

NATURE OF THE ACTION

This is an action under Title VII of the Civil Rights Act of 1964 and Title I of the Civil

Rights Act of 1991 to correct unlawful employment practices on the basis of retaliation and

to provide appropriate relief to Eric Payne who was adversely affected by such practices.

The Commission alleges that Defendant retaliated against Eric Payne for having alleged

that Defendant had discriminated against him.

JURISDICTION AND VENUE

1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331,

1337, 1343 and 1345. This action is authorized and instituted pursuant to Section

706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.§

2000e-5(f)(1) and (3)("Title VII") and Section 102 of the Civil Rights Act of 1991, 42 U.S.C.

§ 1981a.

2. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the Southern District of Ohio, Western Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title VII, and is expressly authorized to bring this action by Section 706(f)(1) and (3) of Title VII, 42 U.S.C. § 2000e-5(f)(1) and (3).
4. At all relevant times, Defendant, Cognis Corporation (the "Employer"), has continuously been a Delaware corporation licensed to do business in the State of Ohio and the City of Cincinnati, and has continuously had at least 15 employees.
5. At all relevant times, Defendant Employer has continuously been an employer engaged in an industry affecting commerce within the meaning of Sections 701(b), (g) and (h) of Title VII, 42 U.S.C. §§ 2000e(b), (g) and (h).
STATEMENT OF CLAIMS 6. More than thirty days prior to the institution of this lawsuit, Eric Payne filed a charge with the Commission alleging violations of Title VII by Defendant Employer. All conditions precedent to the institution of this lawsuit have been fulfilled. 7. On or about August 15, 2002 and likely as early as January, 2002 Defendant Employer engaged in unlawful employment practices at its facilities in Cincinnati, Ohio in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3(a) by giving unfavorable

references, regarding Eric Payne, to prospective employers in retaliation for Payne having previously alleged that the Defendant had discriminated against him, in violation of Title VII.
8. The effect of the practices complained of in paragraph 7 above has been to deprive Eric Payne of equal employment opportunities and otherwise adversely affect his status as an employee because of unlawful retaliation.
9. The unlawful employment practices complained of in paragraph 7 above were intentional.
10. The unlawful employment practices complained of in paragraph 7 above were done with malice or with reckless indifference to the federally protected rights of Eric Payne.
PRAYER FOR RELIEF Wherefore, the Commission respectfully requests that this Court: A. Grant a permanent injunction enjoining Defendant Employer, its officers, successors, assigns, and all persons in active concert or participation with it, from retaliating against Eric Payne and any other person who might in the future engage in protected activity. B. Order Defendant Employer to institute and carry out policies, practices, and programs which provide equal employment opportunities for persons who exercise their statutory rights, and which eradicate the effects of its past and present unlawful employment practices.

C. Order Defendant Employer to make whole Eric Payne by providing appropriate backpay with prejudgment interest, in amounts to be determined at trial, and other affirmative relief necessary to eradicate the effects of its unlawful employment practices, including frontpay.
D. Order Defendant Employer to make whole Eric Payne by providing compensation for past and future pecuniary losses resulting from the unlawful employment practices described in paragraph 7 above, including past and future out-of-pocket losses in amounts to be determined at trial.
E. Order Defendant Employer to make whole Eric Payne by providing compensation for past and future nonpecuniary losses resulting from the unlawful practices complained of in paragraph 7 above, including nonpecuniary losses such as emotional pain, suffering, inconvenience, loss of enjoyment of life, and humiliation in amounts to be determined at trial.
F. Order Defendant Employer to pay Eric Payne punitive damages for its malicious and reckless conduct described in paragraph 7 above, in amounts to be determined at trial.
G. Grant such further relief as the Court deems necessary and proper in the public interest.
H. Award the Commission its costs of this action.
JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its complaint.
Eric S. Dreiband GENERAL COUNSEL James L. Lee DEPUTY GENERAL COUNSEL Gwendolyn Young Reams ASSOCIATE GENERAL COUNSEL
C. Larry Watson (0031443) Regional Attorney larry.watson@eeoc.gov
Howard Besser (0008543) Trial Attorney howard.besser@eeoc.gov
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Cleveland District Office 1660 W. 2nd St. Suite 850 Cleveland, Ohio 44113 - 1412 (216) 522-7675(voice) (216) 522-7430(telefax)

 
 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ERIC PAYNE

:

CIVIL ACTION NO. C-1-03-677

9830 GreenRiver Drive

:

Cincinnati, Ohio 45231

:

Judge: Spiegel, J.

:

Plaintiff,

:

Magistrate: J. Hogan

:

v.

:

:

INTERVENER COMPLAINT

COGNIS CORPORATION

:

WITH JURY TRIAL

4900 Este Avenue

:

Cincinnati, Ohio 45232

:

:

-and-

:

:

GEORGE E. CERNIGLIA

:

292 Glen Lake Road

:

Loveland, Ohio 45140

:

:

Defendants.

:

______________________________________________________________________________

NATURE OF ACTION

1. This is an action under 42 U.S.C., 1981, Section 4112.02 (a) of the Ohio Revised Code,

Section 4112.99 of the Ohio Revised Code, the Ohio Public Policy Law and the Ohio Law

concerning Breach of Contract. This action is filed pursuant to the Order of the Court of

November 20, 2003 granting the Motion to Intervene. The action is filed on behalf of Eric Payne

as Intervener who was retaliated against and discriminated against because of his race when the

Defendants, Cognis Corporation and George Cerniglia, intentionally and deliberately, in

violation of a Settlement Agreement, gave to Eric Payne a bad reference preventing him from

obtaining new employment and intentionally causing him stress, loss of income and requiring

him to file Bankruptcy.

2. This action is also brought against George E. Cerniglia, individual Defendant under the

Ohio law because the Defendant, Cerniglia deliberately and intentionally retaliated against the Plaintiff when he breached the Settlement Agreement and told perspective employers about Plaintiff’s prior EEOC Charge and informed them that Cognis Corporation would not re-hire the Plaintiff. JURISDICTION AND VENUE 3. Jurisdiction of this Court is pursuant to 28 U.S.C., 1331 and 1337. The action is authorized and instituted pursuant to Section 42 U.S.C., 1981, 42 U.S.C., 1988 and pursuant to the Ohio law under Section 4112.02 (a)(i)(j) of the Ohio Revised Code. This Court further has pendent jurisdiction under the Ohio statutes, the Ohio public policy law and the Ohio common law. PARTIES 4. The Plaintiff, Eric Payne, is a former employee of Cognis Corporation. The Plaintiff Eric Payne entered into a Settlement Agreement and General Release with the Defendant, Cognis Corporation on or about January 17, 2002 and as part of the Release, the Defendant, Cognis Corporation agreed to provide Plaintiff, Payne a neutral employment recommendation/name, pay, grade, and job, with no comments. 5. The Defendant, Cognis Corporation is the former employer of the Plaintiff, Payne and is subject to the jurisdiction of this Court because its operations are in Cincinnati, Ohio and it is subject to both the Federal and Ohio laws. 6. The Defendant, George Cerniglia, is the former Human Resources Director at Cognis Corporation who discriminated against the Plaintiff because of his race and retaliated against the Plaintiff, Payne when he deliberately with intention gave the Plaintiff a bad recommendation to perspective employers.

ADMINISTRATIVE PROCEDURE 7. The Plaintiff, Eric Payne, filed charges with the Equal Employment Opportunity Commission claiming retaliation and discrimination due to breach of the previous Settlement Agreement and intentional actions by the Defendant, Cognis Corporation in giving the Plaintiff, Eric Payne a bad reference. The Equal Employment Opportunity Commission on March 21, 2003, found reasonable cause finding that evidence substantiates that the Charging Party was retaliated against because of his previous charge of discrimination. FACTS 8. Plaintiff, Eric Payne was hired by the Cognis Corporation on August 10, 1998. During his employment with Cognis Corporation Plaintiff earned over $55,000.00 per year. 9. The Personnel Manager at Cognis when Plaintiff was employed was George Cerniglia. 10. During Plaintiff’s employment with Cognis Corporation, he was harassed and discriminated against because of his race and a hostile, racial environment which was present caused the Plaintiff stress, caused the Plaintiff disability, loss of income, and loss of self esteem. 11. During his work, Plaintiff complained to Managers, the Human Resources Director, Defendant George Cerniglia and others regarding the hostile, racial environment but no action was taken by the Company to stop the racial comments and actions of Supervisors and other employees. 12. On or about March 12, 2001, Plaintiff engaged Attorney, Ivan L. Tamarkin to represent him in his claims against the Defendant, Cognis Corporation. On or about March 15, 2001, through his Attorney, Ivan L. Tamarkin, contacted Defendant George Cerniglia at Cognis Corporation asking that action be taken with regard to the racial atmosphere and demanding an amicable solution.

13. After numerous negotiations and previous charges were filed with the Equal Employment Opportunity Commission, a Settlement Agreement was entered into with the approval of the Defendant, George Cerniglia, the Defendant, Cognis Corporation and the Plaintiff, Eric Payne on or about January 17, 2002 where the Defendant, Cognis and George Cerniglia agreed to provide the Plaintiff, Payne a neutral employment recommendation/name, pay, grade, jobs held, with no comment. 14. The Plaintiff, Payne left his employment with the Defendant, Cognis Corporation pursuant to the Settlement Agreement. 15. After leaving Cognis, Plaintiff applied with numerous chemical companies for a position. Plaintiff received favorable interviews but did not obtain any positions. 16. On or about August 9, 2002, the Plaintiff, Eric Payne was offered a position with Rohm Haas, Cincinnati facility at a starting salary of $32,240.00 per year plus overtime. The offer was contingent upon a background investigation. 17. On or about August 26, 2002, the Rohm Haas Company informed the Plaintiff, Eric Payne that the information they received in his background check was inconsistent with the information provided by the Plaintiff and withdrew its offer. 18. The background check conducted by Rohm Haas on August 12, 2002 included an employment reference check with the Defendant, Cognis Corporation and the Defendant, George Cerniglia. The Defendants, in breach of the Settlement Agreement and in breach of Plaintiff’s right under the Civil Rights statute, informed Rohm Haas that Plaintiff was not eligible for rehire and stated that they would rather not comment on why he is not eligible for re-hire. 19. Plaintiff was out of work for approximately seven (7) months after he left the Cognis Corporation pursuant to the Settlement Agreement, was required to file Bankruptcy, had to

borrow money from relatives and he and his family suffered financially, emotionally and mentally because of the actions of the Defendants.
CLAIMS 20. The Plaintiff, Eric Payne was discriminated against and retaliated against under both the Federal and Ohio law due to his race. 21. The Plaintiff, Eric Payne was deliberately and with intention, slandered and retaliated against by George Cerniglia in violation of both the Ohio Civil Rights statutes and the Public Policy of Ohio. 22. The Plaintiff, Eric Payne was discriminated against and retaliated against due to his race and due to his prior complaints of race discrimination and a hostile, racial environment by the Defendants. 23. The Plaintiff, Eric Payne was discriminated against due to his race and in retaliation, in violation of 42 U.S.C., 1981 and 42 U.S.C., 1988. 24. The Defendant breached a Settlement Agreement with the Plaintiff. PRAYER FOR RELIEF 25. Plaintiff, Eric Payne respectfully requests this Court to:
a. Order an Injunction enjoining the Defendant, employer, its Officers, Assigns and all other persons from retaliating against the Plaintiff or any other persons who might engage in future protected activity;
b. Order the Defendant to institute and carry out policies and practices which will provide equal opportunity for individuals who are African-American;
c. Order the Defendants to make whole Eric Payne, by providing appropriate backpay, pre-judgment interest, damages for loss of credit, damages for loss of self-

esteem, damages for Attorneys fees because the Plaintiff had to file Bankruptcy,
and all other damages including any front pay;
d. Order the Defendant to make whole Eric Payne because of his emotional stress,
his loss of enjoyment of life, his suffering and humiliation due to the intentional
and discriminatory acts;
e. Order the Defendant to pay reasonable Attorneys fees to Eric Payne’s Attorney,
Ivan L. Tamarkin;
f. Order the Defendant to pay Eric Payne punitive damages under both the Federal
and Ohio law and grant such further relief as it deems necessary including the
costs of Court.
Plaintiff, Eric Payne, demands a Jury.
Respectfully submitted,
s/Ivan L. Tamarkin, Esq.
____________________________________ Ivan L. Tamarkin, Esq. (0025468) Attorney for Intervener/Plaintiff, Eric Payne 830 Main Street, Suite 999 Second National Building Cincinnati, Ohio 45202 Telephone - 513-381-6555 Facsimile - 513-345-4703

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was served via regular U.S. mail and
Electronic Filing upon the following on this 24th day of November, 2003:
s/Ivan L. Tamarkin, Esq. ______________________________ Ivan L. Tamarkin, Esq.
C. Larry Watson, Esq., Regional Attorney
Eric S. Dreiband, Esq., General Counsel
Gwendolyn Young Reams Associate General Counsel
Howard Besser, Esq. Trial Attorney
Equal Employment Opportunity Commission Cleveland District Office 1660 W. 2nd St., Suite 850 Cleveland, Ohio 44113-1412
David A. Skidmore, Jr. Frost Brown Todd LLC 2200 PNC Center 201 E. Fifth Street Cincinnati, Ohio 45202-4182

 
 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ERIC PAYNE

:

CIVIL ACTION NO. C-1-03-677

9830 GreenRiver Drive

:

Cincinnati, Ohio 45231

:

Judge: Spiegel, J.

:

Plaintiff,

:

Magistrate: J. Hogan

:

v.

:

:

AMENDED INTERVENER

COGNIS CORPORATION

:

COMPLAINT WITH JURY TRIAL

4900 Este Avenue

:

Cincinnati, Ohio 45232

:

:

-and-

:

:

GEORGE E. CERNIGLIA

:

292 Glen Lake Road

:

Loveland, Ohio 45140

:

:

Defendants.

:

______________________________________________________________________________

NATURE OF ACTION

1. This is an action under 42 U.S.C., 1981, of the Ohio Revised Code, and the Civil Rights

Act of 1964 as amended by the Civil Rights Act of 1991, Section 4112.02 (a) of the Ohio

Revised Code, Section 4112.99 of the Ohio Revised Code, the Ohio Public Policy Law and the

Ohio Law concerning Breach of Contract. This action is filed pursuant to the Order of the Court

of November 20, 2003 granting the Motion to Intervene. The action is filed on behalf of Eric

Payne as Intervener who was retaliated against and discriminated against because of his race

when the Defendants, Cognis Corporation and George Cerniglia, intentionally and deliberately,

in violation of a Settlement Agreement, gave to Eric Payne a bad reference preventing him from

obtaining new employment and intentionally causing him stress, loss of income and requiring

-1-

him to file Bankruptcy. 2. This action is also brought against George E. Cerniglia, individual Defendant under the Ohio law because the Defendant, Cerniglia deliberately and intentionally retaliated and discriminated against the Plaintiff when he breached the Settlement Agreement and told prospective employers about Plaintiff’s prior EEOC Charge and informed them that Cognis Corporation would not re-hire the Plaintiff. JURISDICTION AND VENUE 3. Jurisdiction of this Court is pursuant to 28 U.S.C., 1331 and 1337. The action is authorized and instituted pursuant to Section 42 U.S.C., 1981, 42 U.S.C., 1988, 42 U.S.C. 2000 (e) et seq., and pursuant to the Ohio law under Section 4112.02 (a)(i)(j) of the Ohio Revised Code. This Court further has pendent jurisdiction under the Ohio statutes, the Ohio public policy law and the Ohio common law. PARTIES 4. The Plaintiff, Eric Payne, is a former employee of Cognis Corporation. The Plaintiff Eric Payne entered into a Settlement Agreement and General Release with the Defendant, Cognis Corporation on or about January 17, 2002 and as part of the Release, the Defendant, Cognis Corporation agreed to provide Plaintiff, Payne a neutral employment recommendation/name, pay, grade, and job, with no comments. 5. The Defendant, Cognis Corporation is the former employer of the Plaintiff, Payne and is subject to the jurisdiction of this Court because its operations are in Cincinnati, Ohio and it is subject to both the Federal and Ohio laws. 6. The Defendant, George Cerniglia, is the former Human Resources Director at Cognis
-2-

Corporation who discriminated against the Plaintiff because of his race and retaliated against the Plaintiff, Payne when he deliberately with intention gave the Plaintiff a bad recommendation to prospective employers. ADMINISTRATIVE PROCEDURE 7. The Plaintiff, Eric Payne, filed charges with the Equal Employment Opportunity Commission claiming retaliation and discrimination due to breach of the previous Settlement Agreement and intentional actions by the Defendant, Cognis Corporation in giving the Plaintiff, Eric Payne a bad reference. The Equal Employment Opportunity Commission on March 21, 2003, found reasonable cause stating that evidence substantiates that the Charging Party was retaliated against because of his previous charge of discrimination. FACTS 8. Plaintiff, Eric Payne was hired by the Cognis Corporation on August 10, 1998. During his employment with Cognis Corporation Plaintiff earned over $55,000.00 per year. 9. The Personnel Manager at Cognis when Plaintiff was employed was George Cerniglia. 10. During Plaintiff’s employment with Cognis Corporation, he was harassed and discriminated against because of his race and a hostile, racial environment which was present caused the Plaintiff stress, disability, loss of income, and loss of self esteem. 11. During his work, Plaintiff complained to Managers, the Human Resources Director, Defendant George Cerniglia and others regarding the hostile, racial environment but no action was taken by the Company to stop the racial comments and actions of Supervisors and other employees. 12. On or about March 12, 2001, Plaintiff engaged Attorney, Ivan L. Tamarkin to represent
-3-

him in his claims against the Defendant, Cognis Corporation. On or about March 15, 2001, Plaintiff’s Attorney, Ivan L. Tamarkin, contacted Defendant George Cerniglia at Cognis Corporation asking that action be taken with regard to the racial atmosphere and demanding an amicable solution. 13. After numerous negotiations and charges filed with the Equal Employment Opportunity Commission, a Settlement Agreement was entered into with the approval of the Defendant, George Cerniglia, the Defendant, Cognis Corporation and the Plaintiff, Eric Payne on January 17, 2002. The Defendant, Cognis and George Cerniglia as part of the Settlement Agreement, agreed to provide the Plaintiff, Payne a neutral employment recommendation/name, pay, grade, jobs held, with no comment. 14. The Plaintiff, Payne left his employment with the Defendant, Cognis Corporation pursuant to the Settlement Agreement. 15. After leaving Cognis, Plaintiff applied with numerous chemical companies for a position. Plaintiff received favorable interviews but did not obtain any positions. 16. On or about August 9, 2002, the Plaintiff, Eric Payne was offered a position with Rohm Haas, Cincinnati facility at a starting salary of $32,240.00 per year plus overtime. The offer was contingent upon a background investigation. 17. On or about August 26, 2002, the Rohm Haas Company informed the Plaintiff, Eric Payne that the information they received in his background check was inconsistent with the information provided by the Plaintiff and withdrew its offer. 18. The background check conducted by Rohm Haas on August 12, 2002 included an employment reference check with the Defendant, Cognis Corporation and the Defendant, George
-4-

Cerniglia. The Defendants, in breach of the Settlement Agreement and in breach of Plaintiff’s right under the Civil Rights statutes, informed Rohm Haas that Plaintiff was not eligible for rehire and stated that they would rather not comment on why he is not eligible for re-hire. 19. Plaintiff was out of work for approximately seven (7) months after he left the Cognis Corporation pursuant to the Settlement Agreement, was required to file Bankruptcy, had to borrow money from relatives and he and his family suffered financially, emotionally and mentally because of the actions of the Defendants.
CLAIMS 20. The Plaintiff, Eric Payne was discriminated against and retaliated against by the Defendant, Cognis Corporation under Section 4112.99 of the Ohio Revised Code, Section 4112.02 (a)(i)(j) of the Ohio Revised Code, and the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991, when the Defendant, Cognis Corporation deliberately gave the Plaintiff a bad recommendation because of his race and in retaliation of his prior complaint of discriminatory treatment. 21. The Plaintiff, Eric Payne was deliberately and with intention, slandered and retaliated against by the Defendant, George Cerniglia in violation of the Common Law of Ohio regarding slander and in violation of Section 4112.99 of the Ohio Revised Code and Section 4112.02 (a)(i)(j) of the Ohio Revised Code, when Defendant, George Cerniglia, as an individual, deliberately discriminated and retaliated against the Plaintiff by giving him a bad recommendation because of his race and because of his prior complaint of race discrimination. 22. The Plaintiff, Eric Payne was discriminated against and retaliated against due to his race and due to his prior complaints of discrimination and a hostile, racial environment by both the
-5-

Defendants, pursuant to the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991, Section 42 U.S.C. 1981, Section 4112.99 of the Ohio Revised Code and Section 4112.02 (a)(i)(j) of the Ohio Revised Code. 23. The Plaintiff, Eric Payne was discriminated against by both Defendants due to his race and in retaliation of his previous complaints of discriminatory treatment in violation of Ohio’s law regarding Public Policy, which policy states that an Employer or an individual acting for an Employer cannot discriminate against an individual because of their race, create a hostile, racial environment against that individual or retaliate against that individual for race complaints, in violation of the Civil Rights statute. 24. The Defendant, Cognis Corporation, breached the Settlement Agreement with the Plaintiff. 25. The Defendant, George E. Cerniglia, breached a promise with the Plaintiff in violation of the Settlement Agreement. 26. The Defendant, George E. Cerniglia, intentionally interfered with a Settlement Agreement and Contract between the Plaintiff, Eric Payne and Defendant, Cognis Corporation when the Defendant, George E. Cerniglia, with intent to cause harm to the Plaintiff, Eric Payne, deliberately gave him a bad review. PRAYER FOR RELIEF 27. Plaintiff, Eric Payne respectfully requests this Court to:
a. Order an Injunction enjoining the Defendant, employer, its Officers, Assigns and all other persons from retaliating against the Plaintiff or any other persons who might engage in future protected activity;
-6-

b. Order the Defendant to institute and carry out policies and practices which will provide equal opportunity for individuals who are African-American;
c. Order the Defendants to make whole Eric Payne, by providing appropriate backpay, pre-judgment interest, damages for loss of credit, damages for loss of selfesteem, damages for Attorneys fees because the Plaintiff had to file Bankruptcy, and all other damages including any front pay;
d. Order the Defendants to make whole Eric Payne because of his emotional stress, his loss of enjoyment of life, his suffering and humiliation due to the intentional and discriminatory acts;
e. Order the Defendants to pay reasonable Attorneys fees to Eric Payne’s Attorney, Ivan L. Tamarkin;
f. Order the Defendants to pay Eric Payne punitive damages under both the Federal and Ohio law and grant such further relief as it deems necessary including the costs of Court.
Plaintiff, Eric Payne, demands a Jury. Respectfully submitted,
s/Ivan L. Tamarkin, Esq.
____________________________________ Ivan L. Tamarkin, Esq. (0025468) Attorney for Intervener/Plaintiff, Eric Payne 830 Main Street, Suite 999 Second National Building Cincinnati, Ohio 45202 Telephone - 513-381-6555 Facsimile - 513-345-4703
-7-

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served via regular U.S. mail and Electronic Filing upon the following on this 12th day of February, 2004:
s/Ivan L. Tamarkin, Esq. ______________________________ Ivan L. Tamarkin, Esq.
Howard Besser, Esq. Trial Attorney Equal Employment Opportunity Commission Cleveland District Office 1660 W. 2nd St., Suite 850 Cleveland, Ohio 44113-1412 Andrew W. Kaake, Esq. Frost Brown Todd LLC 2200 PNC Center 201 E. Fifth Street Cincinnati, Ohio 45202-4182
-8-

 
 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

:

NO: 1:03-CV-00677

:

Plaintiff,

:

vs.

:

O R D E R

COGNIS CORPORATION, et al.,

:

Defendants.

:

The Court having been advised by the parties that the above action has been settled;
It is ORDERED that this action is hereby dismissed with prejudice, provided that any of the parties may, upon good cause shown, within sixty days, reopen the action if settlement is not consummated.
The Court retains jurisdiction over the settlement contract for purposes of its enforcement.
SO ORDERED.

Dated: November 19, 2004

s/S. Arthur Spiegel S. Arthur Spiegel United States Senior District Judge

 
 CM/ECF LIVE - U.S. District Court:OHSD - Docket Report

https://ecf.ohsd.uscourts.gov/cgi-bin/DktRpt.pl?884343171386206-L_3...

U.S. District Court Southern District of Ohio (Cincinnati) CIVIL DOCKET FOR CASE #: 1:03-cv-00677-SAS

CLOSED

Equal Employment Opportunity Commission v. Cognis Corporation Assigned to: S Arthur Spiegel Cause: 42:2000e Job Discrimination (Employment)

Date Filed: 10/01/2003 Date Terminated: 11/18/2004 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Plaintiff

Plaintiff
Equal Employment Opportunity Commission

represented by C Larry Watson Equal Employment Opportunity Commission AJC Federal Office Building Suite 3001 1240 East Ninth Street Cleveland, OH 44199 216-522-7455 Fax: FAX-522-7430 Email: larry.watson@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eric S Dreiband LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gwendolyn Young Reams LEAD ATTORNEY ATTORNEY TO BE NOTICED

Howard R Besser Equal Employment Opportunity Commission Cleveland District Office 1660 West Second Street Suite 850 Cleveland, OH 44113-1454 216-522-7455 Email: howard.besser@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Lewis Lee U.S. Equal Employment Opportunity Service 90 Church Street

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V. Defendant Cognis Corporation
Intervenor Defendant George E Cerniglia
Intervenor Eric Payne Eric Payne

https://ecf.ohsd.uscourts.gov/cgi-bin/DktRpt.pl?884343171386206-L_3...
New York, NY 10007 212-264-7185 Fax: 212-264-7185 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew R Kaake Frost Brown Todd LLC - 1 2200 PNC Center 201 E 5th Street Cincinnati, OH 45202-4182 513-651-6953 Email: akaake@fbtlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David A Skidmore, Jr Frost Brown Todd LLC 2200 PNC Center 201 East Fifth Street Cincinnati, OH 45202-4182 513-651-6800 Email: dskidmore@fbtlaw.com ATTORNEY TO BE NOTICED
represented by Andrew R Kaake (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David A Skidmore, Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ivan Lawrence Tamarkin Second National Building 830 Main Street Suite 999 Cincinnati, OH 45202 513-381-6555 Email: ivanlaw@fuse.net ATTORNEY TO BE NOTICED

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Date Filed 10/01/2003
10/06/2003 10/15/2003 10/15/2003
10/22/2003
11/10/2003 11/20/2003 11/24/2003 11/24/2003 11/26/2003
12/01/2003 12/05/2003 12/18/2003 12/22/2003 12/23/2003

#

Docket Text

1 COMPLAINT with Jury Demand against Cognis Corporation, filed by Plaintiffs Equal Employment Opportunity Commission.(Attachments: # 1 Civil Cover Sheet)(kej, ) signature page(s) added on 10/6/2003 (wam, ). Modified on 10/6/2003 (wam, ). (Entered: 10/01/2003)
2 NOTICE of Placement in CM/ECF Docketing System. (art, ) (Entered: 10/06/2003)
3 MOTION to Intervene Eric Payne, Intervenor. (Tamarkin, Ivan) Additional attachment(s) added on 10/16/2003 (km, ). (Entered: 10/15/2003)
4 NOTICE by Intervenor Eric Payne of Filing Corrected Certificate of Service re 3 MOTION to Intervene Eric Payne, Intervenor (Tamarkin, Ivan) Modified on 10/16/2003 (km, ). (Entered: 10/15/2003)
5 NOTICE by Intervenor Eric Payne re 3 MOTION to Intervene Eric Payne, Intervenor Notice of Filing of Proposed Intervener Complaint in Support of Motion to Intervene (Attachments: # 1 Proposed Intervener Complaint in Support of Motion to Intervene)(Tamarkin, Ivan) (Entered: 10/22/2003)
6 NOTICE of Appearance by David A Skidmore Jr Defendant Cognis Corporation (Skidmore, David) (Entered: 11/10/2003)
NOTATION ORDER granting 3 Motion to Intervene by Intervenor Eric Payne. Signed by Judge S Arthur Spiegel on 11/20/2003. (km, ) (Entered: 11/20/2003)
7 MOTION for Extension of Time to File Answer by Defendant Cognis Corporation. (Skidmore, David) (Entered: 11/24/2003)
8 Intervenor COMPLAINT WITH JURY TRIAL, filed by Intervenor Eric Payne, Defendant Cognis Corporation.(Tamarkin, Ivan) (Entered: 11/24/2003)
9 ORDER granting 7 Motion for Extension of Time Until 1/20/2004 to Answer Move or Plead. Signed by Judge S Arthur Spiegel on 11/25/2003. (km, ) (Entered: 11/26/2003)
Mail Returned (not deliverable as addressed, unable to forward) as to James Lewis Lee (notation order granting doc.#3). (wam, ) (Entered: 12/02/2003)
Mail Returned not deliverable as addressed as to James Lewis Lee (doc.#9) (wam, ) (Entered: 12/08/2003)
10 NOTICE of Appearance by David A Skidmore Jr Defendant Cognis Corporation (Skidmore, David) (Entered: 12/18/2003)
11 MOTION for Extension of Time until 1/20/04 to File Answer by Defendant Cognis Corporation. (Skidmore, David) (Entered: 12/22/2003)
12 ORDER granting 11 Motion to Extend Time Until 1/20/2004 in which to Answer Move or Otherwise Plead by defendant George E. Cerniglia. Signed by Judge S Arthur Spiegel on 12/23/2003. (km, ) (Entered: 12/23/2003)

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12/30/2003 01/20/2004 01/20/2004 01/20/2004 01/20/2004 01/21/2004 02/02/2004 02/11/2004 02/12/2004 02/13/2004 02/24/2004 03/08/2004 03/08/2004
03/17/2004
03/26/2004

Mail Returned not deliverable as addressed as to James Lewis Lee. (doc.#12) (wam, ) (Entered: 01/05/2004)
13 MOTION to Dismiss by Defendant Cognis Corporation. Responses due by 2/13/2004 (Kaake, Andrew) Additional attachment(s) added on 1/21/2004 (wam, ). (Entered: 01/20/2004)
14 CORPORATE DISCLOSURE STATEMENT by Defendant Cognis Corporation. (Kaake, Andrew) (Entered: 01/20/2004)
15 MOTION for More Definite Statement OF CLAIMS by Defendant Cognis Corporation. Responses due by 2/13/2004 (Kaake, Andrew) (Entered: 01/20/2004)
16 NOTICE by Defendant Cognis Corporation Of Manual Filing (Kaake, Andrew) (Entered: 01/20/2004)
17 NOTICE of Hearing:Preliminary Pretrial Conference set for 3/11/2004 09:30 AM in chambers before S Arthur Spiegel. (km, ) (Entered: 01/21/2004)
Mail Returned as Undeliverable (not deliverable as addressed)as to James Lewis Lee (doc. #17) (wam, ) (Entered: 02/02/2004)
18 NOTICE of Appearance by Ivan Lawrence Tamarkin Intervenor Eric Payne (Tamarkin, Ivan) Additional attachment(s) added on 2/12/2004 (wam, ). (Entered: 02/11/2004)
19 AMENDED COMPLAINT Amended Intervenor Complaint against all defendants, filed by Intervenor Eric Payne, Defendant Cognis Corporation.(Tamarkin, Ivan) (Entered: 02/12/2004)
20 MOTION to Continue by Plaintiff Equal Employment Opportunity Commission. (Besser, Howard) (Entered: 02/13/2004)
21 MOTION for Extension of Time to File Answer or Otherwise Plead by Defendant Cognis Corporation. (Kaake, Andrew) (Entered: 02/24/2004)
22 RESPONSE to Motion re 20 MOTION to Continue filed by Intervenor Defendant George E Cerniglia, Defendant Cognis Corporation. (Attachments: # 1)(Kaake, Andrew) (Entered: 03/08/2004)
23 ORDER granting 21 Motion for Extension of Time until 3/26/2004 in which to Answer Move or Otherwise Plead to Plaintiff-Intervenor's First Amended Complaint. Signed by Judge S Arthur Spiegel on 3/7/2004. (km, ) (Entered: 03/08/2004)
24 PRELIMINARY PRETRIAL ORDER: Discovery due by 11/1/2004. Dispositive Motions not directed to pleadings due by 12/1/2004. Settlement Conference set for 6/1/2004 10:00 AM. Final Pretrial Conference tentatively set for 2/24/2005 09:00 AM. Three-day Jury Trial tentatively set for 4/12/2005 09:30 AM on an on-deck basis. Signed by Judge S Arthur Spiegel on 3/17/2004. (km, ) (Entered: 03/17/2004)
25 MOTION to Dismiss Plaintiff Intervenor's Public Policy Claims and Title VII Claims Brought Against Defendant Cerniglia by Defendant Cognis Corporation. Responses due by 4/19/2004 (Kaake, Andrew) (Entered: 03/26/2004)

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CM/ECF LIVE - U.S. District Court:OHSD - Docket Report

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03/26/2004 03/26/2004 03/26/2004 04/19/2004 04/27/2004 04/30/2004 05/04/2004
05/05/2004 05/05/2004 05/20/2004
06/15/2004 06/15/2004 06/25/2004
06/30/2004

26 Defendant Cognis Corporation's ANSWER to Amended Complaint (1st) Eric Payne's by Defendant Cognis Corporation.(Kaake, Andrew) (Entered: 03/26/2004)
27 Defendant George Cerniglia's ANSWER to Complaint Plaintiff Eric Payne's First Amended by Defendant Cognis Corporation.(Kaake, Andrew) (Entered: 03/26/2004)
Mail Returned as Undeliverable-not deliverable as addressed (doc.#24)as to James Lewis Lee. (wam, ) (Entered: 03/29/2004)
28 RESPONSE in Opposition re 25 MOTION to Dismiss Plaintiff Intervenor's Public Policy Claims and Title VII Claims Brought Against Defendant Cerniglia filed by Intervenor Eric Payne. (Tamarkin, Ivan) (Entered: 04/19/2004)
29 NOTICE of Hearing: Settlement Conference set for 6/1/2004 10:00 AM in chambers before S Arthur Spiegel. (km, ) (Entered: 04/27/2004)
30 MOTION for Extension of Time to File Response/Reply In Support of Their Motion to Dismiss 25 by Intervenor Defendant George E Cerniglia, Defendant Cognis Corporation. (Skidmore, David) (Entered: 04/30/2004)
31 NOTATION ORDER granting 30 Motion for Extension of Time to File Response/Reply re 25 MOTION to Dismiss Plaintiff Intervenor's Public Policy Claims and Title VII Claims Brought Against Defendant Cerniglia. Reply now due by 5/5/2004. Signed by Judge S Arthur Spiegel on 5/3/2004.(km, ) (Entered: 05/04/2004)
32 REPLY to Response to Motion re 25 MOTION to Dismiss filed by Defendant Cognis Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Skidmore, David) (Entered: 05/05/2004)
Mail Returned as Undeliverable (not deliverable as addressed-unable to forward)as to Jamie Lewis Lee (doc.#29) (wam, ) (Entered: 05/06/2004)
33 ORDER granting 20 Motion to Continue or Stay to allow for Discovery on prior conciliation activity occuring in the case. Plaintiff will have until 6/15/2004 to file its response to Defendants pending motion to dismiss 13. Subsequent briefing on this motion will proceed in accordance with the Court's Local Rules. Signed by Judge S Arthur Spiegel on 5/20/2004. (km, ) (Entered: 05/20/2004)
34 RESPONSE in Opposition re 13 MOTION to Dismiss filed by Plaintiff Equal Employment Opportunity Commission. (Besser, Howard) (Entered: 06/15/2004)
35 NOTICE by Plaintiff Equal Employment Opportunity Commission Notice of Manual Filing (Besser, Howard) (Entered: 06/15/2004)
36 MOTION for Extension of Time New date requested 7/28/2004. FOR DEFENDANTS TO FILE THEIR REPLY IN SUPPORT OF THEIR MOTION TO DISMISS CLAIMS 13 by Defendant Cognis Corporation. (Skidmore, David) (Entered: 06/25/2004)
37 NOTATION ORDER granting 36 Stipulated Motion for Extension of Time until 7/28/2004 for defendants to file their Reply In Support of Their Motion to Dismiss 13. Signed by Judge S Arthur Spiegel on 6/29/2004. (km, ) (Entered:

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CM/ECF LIVE - U.S. District Court:OHSD - Docket Report

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07/16/2004 07/26/2004 08/06/2004 11/18/2004

06/30/2004)
38 MOTION for Extension of Time to File Response/Reply New date requested 8/6/2004. In Support of Their Motion to Dismiss Claims 13 by Plaintiff Equal Employment Opportunity Commission by Defendant Cognis Corporation. (Skidmore, David) (Entered: 07/16/2004)
39 ORDER granting 38 Stipulated Motion for Extension of Time to File Reply re 13 MOTION to Dismiss Claims. Replies due by 8/6/2004. Signed by Judge S Arthur Spiegel on 7/25/2004. (km, ) (Entered: 07/26/2004)
40 REPLY to Response to Motion re 13 MOTION to Dismiss the EEOC's Claims for Failure to Conciliate filed by Defendant Cognis Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Kaake, Andrew) (Entered: 08/06/2004)
41 ORDER DISMISSING CASE with prejudice pursuant to settlement by the parties. Any of the parties may, upon good cause shown, within sixty days, reopen the action if settlement is not consummated. The Court retains jurisdiction over the settlement contract for purposes of its enforcement. Signed by Judge S Arthur Spiegel on 11/18/2004. (km, ) (Entered: 11/18/2004)

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