Professional Documents
Culture Documents
Jim Boylan Lawsuit
Jim Boylan Lawsuit
BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
vs.
Judge: NANCY MARGARET RUSSO
CAVALIERS HOLDINGS, LLC, ET AL
Pages Filed: 11
)
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
2. Coach Boylan is a resident of Cuyahoga County, Ohio. Coach Boylan is a “person” and
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
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
8. Individual and corporate Defendants, unless otherwise noted, will be referred to hereafter
as “the Cavaliers.”
the interrelated nature of these entities in record keeping, bank and financial accounts,
centralized human resource, benefits, employee relations and legal functions; and d.
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,
11. Coach Boylan was employed by Defendants as an Assistant Coach until the time of his
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
FACTUAL ALLEGATIONS
15. At all times relevant hereto, Coach Boylan was over the age of forty (40).
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
was drafted in the 4th round into the NBA. He has successfully served as a coach in a
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
22. From 2008-2013, Coach Boylan served as Lead Assistant Coach of the Milwaukee
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.
additional year.
26. On or about July 1, 2016, Coach Boylan’s employment contract was extended for a
27. At the time Coach Boylan’s contract was extended in 2016 the General Manager for the
28. Under the terms of his employment, Coach Boylan was to report directly to the
29. In each of the last four years of Coach Boylan’s employment, the Cavaliers led by
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
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
and LD. So he just said he wanted to go younger at that position and he does not want to
“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
35. The Koby referred to by Coach Lue in his voicemail is the General Manager for the
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
Boylan that he was not being renewed as a Coach because Defendants preferred to have
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
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
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
42. On or about June 2018, Defendants hired, retained or promoted Mike Gerrity, age 32, to
43. On or about June 2018, Defendants hired, retained or promoted Dan Geriot, age 29, to the
44. On or about June 2018, Defendants hired, retained or promoted Damon Jones, age 42, to
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
47. At the time of the decisions at issue, the Defendants were aware and knew that age
48. On July 1, 2018, through his representatives, LeBron James informed the Defendants that
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
51. Coach Boylan was not terminated for any reasons related to non-compliance with
52. Defendants hired, retained, transferred and promoted substantially younger individuals
duties and responsibilities) and into open positions for which Coach Boylan was qualified
53. On September 5, 2018, Coach Boylan through his representatives contacted Defendant
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,
Gilbert and Altman “wanted to go younger at that position” and were ending Coach
Boylan’s employment.
55. Plaintiff incorporates by reference the allegations from the preceding paragraphs as if
56. Defendants unlawfully discriminated against Coach Boylan because of his age with
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
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
4112.99, as well as attorneys’ fees, costs, expert fees, and any equitable relief that this
59. Plaintiff incorporates by reference the allegations from the preceding paragraphs as if
60. Defendants aided and abetted each other in discriminating against Coach Boylan in
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
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
Revised Code § 4112.99, as well as attorneys’ fees, costs, expert fees, and any equitable
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
/s/Christopher P. Thorman_ _ _ _ _ _ _ _ _
CHRISTOPHER P. THORMAN (0056013)
cthorman @ tp gfirm.com
DANIEL P. PETROV (0074151)
[email protected]