Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 1 of 10. PageID #: 12
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`IN THE COURT OF COMMON PLEAS, SUMMIT COUNTY, OHIO
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` CASE NUMBER: CV-2021-04-1377
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`SUMMONS
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`DAVID NUNLEY
`77 Atterbury Blvd.
`#105
`Hudson, OH, 44236
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`-VS-
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`ARGOS HEALTH, INC.
`1742 Georgetown Rd.
`Ste. G
`Hudson, OH 44236
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`TO the following:
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`ARGOS HEALTH, INC.
`1742 Georgetown Rd.
`Ste. G
`Hudson, OH 44236
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`You have been named as a defendant(s) in a complaint filed in the Summit County Court of Common
`Pleas, Summit County Courthouse, 205 S. High St., Akron, Ohio, 44308.
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` A
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` copy of the COMPLAINT is attached hereto. The name and address of the Plaintiff’s attorney is:
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`STEPHAN I. VOUDRIS
`8401 Chagrin Road, Suite 8
`Chagrin Falls, OH 44023
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`You are hereby summoned and required to serve upon the attorney listed above, or upon the
`party if they have no attorney of record, a copy of an answer to the COMPLAINT within
`twenty-eight (28) days after service of this summon on you, exclusive of the day of service. Your
`answer must be filed with the Court within three days after the service of a copy of the answer on
`the attorney, or upon the party, if there is no attorney of record.
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`If you fail to appear and defend, judgment may be rendered against you for the relief demanded in
`the COMPLAINT.
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`Sandra Kurt
`Summit County Clerk of Courts
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`April 30, 2021
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 2 of 10. PageID #: 13
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`IN THE COURT OF COMMON PLEAS, SUMMIT COUNTY, OHIO
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` CASE NUMBER: CV-2021-04-1377
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`SUMMONS
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`DAVID NUNLEY
`77 Atterbury Blvd.
`#105
`Hudson, OH, 44236
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`
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`-VS-
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`ARGOS HEALTH, INC.
`1742 Georgetown Rd.
`Ste. G
`Hudson, OH 44236
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`TO the following:
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`DAVID ROTHGERBER
`1742 Georgetown Rd.
`Ste. G
`Hudson, OH 44236
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`You have been named as a defendant(s) in a complaint filed in the Summit County Court of Common
`Pleas, Summit County Courthouse, 205 S. High St., Akron, Ohio, 44308.
`
` A
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` copy of the COMPLAINT is attached hereto. The name and address of the Plaintiff’s attorney is:
`
`
`STEPHAN I. VOUDRIS
`8401 Chagrin Road, Suite 8
`Chagrin Falls, OH 44023
`
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`You are hereby summoned and required to serve upon the attorney listed above, or upon the
`party if they have no attorney of record, a copy of an answer to the COMPLAINT within
`twenty-eight (28) days after service of this summon on you, exclusive of the day of service. Your
`answer must be filed with the Court within three days after the service of a copy of the answer on
`the attorney, or upon the party, if there is no attorney of record.
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`If you fail to appear and defend, judgment may be rendered against you for the relief demanded in
`the COMPLAINT.
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`
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`Sandra Kurt
`Summit County Clerk of Courts
`
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`April 30, 2021
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 3 of 10. PageID #: 14
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
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`04/29/2021 16:56:52 PM
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`CMCO
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`Page 1 of 8
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`IN THE COURT OF COMMON PLEAS
`SUMMIT COUNTY, OHIO
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`DAVID NUNLEY
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`77 Atterbury Blvd., #105
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`Hudson, OH 44236
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`Plaintiff,
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`ARGOS HEALTH, INC.
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`1742 Georgetown Rd., Ste. G
`Hudson, OH 44236
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`Civil Action No. ____________
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`Judge _____________________
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`COMPLAINT FOR RACE
`DISCRIMINATION, SEX
`DISCRIMINATION, RETALIATION,
`HOSTILE WORK ENVIRONMENT,
`AIDING AND ABETTING, AND
`NEGLIGENT TRAINING,
`RETENTION, AND SUPERVISION
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`JURY DEMAND ENDORSED HEREON
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`and
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`DAVID ROTHGERBER
`1742 Georgetown Rd., Ste. G
`Hudson, OH 44236
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`Defendants.
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`Plaintiff David Nunley (“Plaintiff”) alleges as follows for his Complaint against Defendants
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`Argos Health, Inc. (“Argos”) and David Rothgerber (“Rothgerber”) (collectively, “Defendants”):
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`1.
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`Plaintiff is African American, male, and worked for Defendants in Summit County,
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`Ohio as a Claims Resolution Specialist.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Defendants hired Plaintiff on about September 16, 2019.
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`Defendants terminated Plaintiff’s employment on about February 24, 2020.
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`Plaintiff was qualified for his job.
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`Plaintiff was paid bonuses while working for Defendants.
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`Other African American employees of Defendants complained about race
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`discrimination by Defendants, and these African American employees also had their employments
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`terminated around the same time as Plaintiff.
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`Sandra Kurt, Summit County Clerk of Courts
`
`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 4 of 10. PageID #: 15
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
`
`04/29/2021 16:56:52 PM
`
`CMCO
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`Page 2 of 8
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`7.
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`This Court has subject matter and personal jurisdiction over the claims raised in
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`this Complaint.
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`8.
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`9.
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`Venue is proper in Summit County, Ohio.
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`Plaintiff has suffered damages in excess of $25,000.
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`10.
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`Plaintiff has hired the undersigned counsel and has agreed to pay them reasonable
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`attorney’s fees and costs if they are successful on one or more of the claims set forth herein.
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`11.
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`Plaintiff was the only African American male employee in the office in which he
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`worked for Defendants, and this office consisted of about thirty employees.
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`12.
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`Defendants treated Plaintiff differently than they treated Caucasian and female
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`employees.
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`13.
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`From the start of Plaintiff’s employment, he endured discrimination based on his
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`race, and Plaintiff complained that he was being targeted because of his race.
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`14.
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`Plaintiff’s first supervisor was eventually terminated, but her replacement
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`continued to discriminate against Plaintiff.
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`15.
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`Rachelle Theiss, who replaced Plaintiff’s original supervisor, and David
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`Rothgerber, Argos’s President, both continued to target Plaintiff because of his race.
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`16.
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`On or about February 11, 2020, during a meeting in Defendants’ conference room,
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`Plaintiff had his phone sitting (though untouched and unused) on the desk in front of him. Other
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`employees in the conference room during this meeting also had their phones on the desk. After
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`the meeting, Plaintiff’s supervisor, Rachelle Theiss, instructed another supervisor to reprimand
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`Plaintiff, and only Plaintiff, for having his phone on the desk.
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`17.
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`The disparate treatment between Plaintiff and Caucasian and female employees was
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`evident, for example, in its enforcement of certain rules, such as eating at desks.
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`2
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 5 of 10. PageID #: 16
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
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`04/29/2021 16:56:52 PM
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`CMCO
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`Page 3 of 8
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`18.
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`All of Defendants employees ate food at their desks, but Defendants singled out
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`Plaintiff for having food at his desk. During one instance, on about January 23, Rachelle Theiss
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`walked past numerous Caucasian and female employees who were eating and their desks and
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`reprimanded Plaintiff for this exact same behavior. During a separate incidence in which
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`Rothgerber again reprimanded Plaintiff for eating while others were also eating, numerous co-
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`workers jumped to Plaintiff’s defense and exclaimed that others were doing exactly the same thing
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`that Plaintiff was doing. Rothgerber then singled Plaintiff out during a meeting for eating food at
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`his desk.
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`19.
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`Defendants also treated Plaintiff differently than Caucasian and female employees
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`by disciplining him for taking early lunches and for having his phone on the desk at a meeting—
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`actions that did not earn discipline for Caucasian or female employees. Defendants did not have
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`rules or guidelines regarding when breaks or lunches could be taken. Indeed, Rothgerber explicitly
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`said that he did not care about how Defendants’ employees came about the hours, as long as they
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`reached forty hours each week.
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`20.
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`Plaintiff brought a six-pack of beer as a gift for another employee at the office.
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`After he did this, he was disciplined for bringing in the alcohol. Caucasian employees regularly
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`brought in alcohol as gifts for other employees and they never received any discipline for this.
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`Indeed, on one occasion, a Caucasian female employee brought in an open bottle of wine and
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`Rothgerber joked with this employee about her drinking on the job. She received no discipline for
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`this. Rothgerber himself also planned and executed a company-wide alcohol giveaway during
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`Christmas.
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`21.
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`On about January 23, 2020, Plaintiff complained to Human Resources Director
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`Paige Allen via email about the discrimination that he was experiencing. In the email, Plaintiff
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`3
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 6 of 10. PageID #: 17
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
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`04/29/2021 16:56:52 PM
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`CMCO
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`Page 4 of 8
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`told Allen that “in a room full of Caucasians, the eyes of management falls exclusively on the only
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`African American male in the building.” Plaintiff further advised the HR Director that he believed
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`he was being singled out because of his race, and he felt that additional discrimination training was
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`needed within the management staff.
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`22.
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`The next day, on about January 24, 2020, Nunley also complained to HR and
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`management and expressed that he felt he was being targeted.
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`23.
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`About one month after he complained about discrimination, Defendants terminated
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`Plaintiff’s employment.
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`24.
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`Plaintiff has attempted to obtain all administrative remedies by filing a Charge of
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`Discrimination that was dual filed with the Ohio Civil Rights Commission on or about March 4,
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`2020. Plaintiff received a right to sue letter dated February 26, 2021.
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`COUNT I
`RACE DISCRIMINATION/HOSTILE WORK ENVIRONMENT
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`Plaintiff re-alleges each allegation set forth in paragraphs 1-24 above.
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`In violation of Ohio Revised Code Sections 4112.02 and 4112.99, Defendants
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`25.
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`26.
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`discriminated against Plaintiff because of his race by terminating Plaintiff’s employment and
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`subjecting him to a racially hostile work environment.
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`27.
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`28.
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`29.
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`Plaintiff is a member of a protected class.
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`Plaintiff was qualified for the job that he held with Defendants.
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`Plaintiff suffered an adverse employment action by being terminated from his
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`employment with Defendants and being subjected to a racially hostile work environment.
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`30.
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`Defendants created a racially hostile work environment by engaging in severe and
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`pervasive conduct that altered the terms and conditions of Plaintiff’s employment.
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`4
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 7 of 10. PageID #: 18
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
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`04/29/2021 16:56:52 PM
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`CMCO
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`Page 5 of 8
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`31.
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`Plaintiff has been damaged by Defendants’ race discrimination and racially hostile
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`work environment.
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`32.
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`33.
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`Defendants’ conduct is the proximate cause of Plaintiff’s damages.
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`Defendants acted with actual malice, entitling Plaintiff to punitive damages and his
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`attorney’s fees and costs.
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`COUNT II
`SEX DISCRIMINATION
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`34.
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`35.
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`36.
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`37.
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`38.
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`Plaintiff re-alleges each allegation set forth in paragraphs 1-33 above.
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`Plaintiff is male.
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`Defendants terminated Plaintiff’s employment.
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`Defendants terminated Plaintiff’s employment because of his sex.
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`In violation of Ohio Revised Code Sections 4112.02 and 4112.99, Defendants
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`discriminated against Plaintiff because of his sex by disciplining Plaintiff for things for which his
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`female counterparts were not disciplined and by terminating his employment.
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`39.
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`40.
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`Defendants.
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`41.
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`42.
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`43.
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`Plaintiff was qualified for his job with Defendants.
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`Plaintiff suffered an adverse employment action by being terminated by
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`Defendants replaced Plaintiff with a female employee.
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`Defendants’ conduct is the cause of Plaintiff’s damages.
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`Defendants acted with actual malice, entitling Plaintiff to punitive damages and his
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`attorney’s fees and costs.
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`COUNT III
`RETALIATION
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`44.
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`Plaintiff re-alleges each allegation set forth in paragraphs 1-43 above.
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`5
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 8 of 10. PageID #: 19
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
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`04/29/2021 16:56:52 PM
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`CMCO
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`Page 6 of 8
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`45.
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`46.
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`Plaintiff brings this action under Ohio Revised Code Sections 4112.02(I).
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`Plaintiff engaged in statutorily protected activity by opposing Defendants’ unlawful
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`employment practices.
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`47.
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`Plaintiff had a reasonable, good faith belief that Defendants were engaging in
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`unlawful employment practices.
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`48.
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`Plaintiffs suffered an adverse employment action by Defendants terminating his
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`employment.
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`49.
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`The adverse employment action that Plaintiff suffered would be materially adverse
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`to a reasonable employee and would persuade a reasonable worker not to make or support a charge
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`of discrimination.
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`50.
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`There is a causal link between Plaintiff’s protected opposition and Defendants’
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`failure to re-hire Plaintiffs.
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`51.
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`52.
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`53.
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`Plaintiff has been damaged by Defendants’ retaliation.
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`Defendants’ conduct is the cause of Plaintiff’s damages.
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`Defendants acted with actual malice, entitling Plaintiff to punitive damages and his
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`attorney’s fees and costs.
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`COUNT IV
`AIDING AND ABETTING
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`54.
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`55.
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`4112.99.
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`56.
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`57.
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`58.
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`Plaintiff re-alleges each allegation set forth in paragraphs 1-53 above.
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`Plaintiff brings this action under Ohio Revised Code Sections 4112.02(J) and
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`Rothgerber has aided in discriminating against Plaintiff.
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`Rothgerber has abetted in discriminating against Plaintiff.
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`Plaintiff has been damaged by Rothgerber’s aiding or abetting.
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`6
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 9 of 10. PageID #: 20
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
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`04/29/2021 16:56:52 PM
`
`CMCO
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`Page 7 of 8
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`59.
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`60.
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`Rothgerber’s conduct is the cause of Plaintiff’s damages.
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`Rothgerber acted with actual malice, entitling Plaintiff to punitive damages and his
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`attorney’s fees and costs.
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`COUNT V
`NEGLIGENT TRAINING, RETENTION, AND SUPERVISION
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`Plaintiff re-alleges each allegation set forth in paragraphs 1-60 above.
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`Argos had a duty to use due care in training, retaining, and supervising Theiss and
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`61.
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`62.
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`Rothgerber
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`63.
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`Argos breached its duty to use due care in training, retaining, and supervising
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`Theiss and Rothgerber.
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`64.
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`65.
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`66.
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`There was an employment relationship between Argos and Theiss and Rothgerber.
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`Theiss and Rothgerber were not competent for the job that they held with Argos.
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`Argos knew or should have known that Theiss and Rothgerber were not competent
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`for the job that they held with Argos.
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`67.
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`Argos’s failure to take action against Theiss and Rothgerber caused Plaintiff’s
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`injuries.
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`68.
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`Argos’s negligence in retaining and supervising Theiss and Rothgerber was the
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`proximate cause of Plaintiff’s injuries.
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`69.
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`70.
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`Theiss and Rothgerber’s actions were foreseeable.
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`Argos’s conduct is the cause of Plaintiff’s damages.
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`WHEREFORE, Plaintiff demands judgment against Defendants for his lost wages,
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`reinstatement or front pay, lost fringe benefits, statutory damages, emotional distress, and any other
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`compensatory damages, punitive damages, prejudgment interest at the statutory rate, post-
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`7
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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`

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`Case: 5:21-cv-01134-JRA Doc #: 1-1 Filed: 06/04/21 10 of 10. PageID #: 21
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`CV-2021-04-1377
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`BAKER ROSS, SUSAN
`
`04/29/2021 16:56:52 PM
`
`CMCO
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`Page 8 of 8
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`judgment interest, interest on unpaid wages pursuant to Ohio Revised Code 4113.15, attorney’s
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`fees and costs, and all other relief to which he is entitled.
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`JURY TRIAL DEMANDED.
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`Respectfully submitted,
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`/s/ Christopher M. Sams
`Stephan I. Voudris, Esq.
`Supreme Court No. 0055795
`Christopher M. Sams, Esq.
`Supreme Court No. 0093713
`Voudris Law LLC
`8401 Chagrin Road, Suite 8
`Chagrin Falls, OH 44023
`svoudris@voudrislaw.com
`csams@voudrislaw.com
`440-543-0670
`440-543-0721 (fax)
`Counsel for Plaintiff
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`8
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`Sandra Kurt, Summit County Clerk of Courts
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`EXHIBIT A
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