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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
NOTICE OF REMOVAL
February 8,2023 13:02
By: SUELLEN OSWALD 0043884
Confirmation Nbr. 2771277
BRUCE FLAGLER CV 23 973370
vs.
Judge: DAVID T.MATIA
METLIFE LEGAL PLANS, INC., FT AL
Pages Filed: 30
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
BRUCE FEAGLER, ) CASE NO. CV 23 973370
)
Plaintiff, ) JUDGE DAVID T. MATIA
)
v. )
) DEFENDANTS METLIFE LEGAL
METLIFE LEGAL PLANS, INC., et al., ) PLANS, INC. AND VICKY
) DEPIORE’S NOTICE OF FILING OF
) NOTICE OF REMOVAL OF CIVIL
Defendant.
) ACTION
)
PLEASE TAKE NOTICE that Defendants MetLife Legal Plans, Inc. and Vicky DePiore
(together, the “MetLife Defendants”), through their undersigned counsel, filed a Notice of
Removal of Civil Action with the United States District Court for the Northern District of Ohio on
February 8, 2023, based on the existence of a federal question. All Defendants have consented to
removal. A copy of MetLife Defendant’s Notice of Removal is attached hereto as Exhibit A.
Dated: February 8, 2023 Respectfully submitted,
Jackson Lewis P.C.
/s/ Suellen Oswald
Suellen Oswald (#0043884)
Lyndsay M. Ross (#0099248)
Park Center Plaza I, Suite 400
6100 Oak Tree Boulevard
Cleveland, OH 44131
Tel.: (216) 750-0404
Fax:(216) 750-0826
Suellen.O swal d@iacksonl ewi s.com
Lyndsay.Ross@iacksonjewis.com
Counselfor Defendants,
MetLife Legal Plans, Inc. and
Vicky DePiore
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CERTIFICATE OF SERVICE
I hereby certify that on this 8th day of February, 2023, a true and accurate copy of the
foregoing was electronically filed with the Cuyahoga County Court of Common Pleas. Notice of
this filing will be sent to all parties of record via the Court's electronic notification system.
/s/ Suellen Oswald___________
Suellen Oswald
Counselfor Defendants,
MetLife Legal Plans, Inc. and
Vicky DePiore
4873-1038-3438, v. 1
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EXHIBIT A
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
BRUCE FEAGLER, ) CASE NO.
)
Plaintiff, ) JUDGE
)
v. )
)
METLIFE LEGAL PLANS, INC., et al., )
DEFENDANTS METLIFE LEGAL
)
PLANS, INC. AND VICKY DEPIORE’S
Defendants. )
NOTICE OF REMOVAL OF CIVIL
)
ACTION
)
Defendants MetLife Legal Plans, Inc. (“MetLife”) and Vicky DePiore (“DePiore”)
(together, the “MetLife Defendants”), through their undersigned counsel and for their Notice of
Removal of this case from the Cuyahoga County, Ohio Court of Common Pleas to the United
States Court for the Northern District of Ohio, hereby state as follows:
1. On January 5, 2023, Plaintiff Bruce Feagler (“Plaintiff”) commenced a civil action
against Defendants MetLife, DePiore, and Rachel Steinlage (“Steinlage”) (collectively,
“Defendants”), in the Court of Common Pleas for Cuyahoga County, Ohio, Case Number CV 23
973370 (the “State Court Lawsuit”). Copies of all documents filed in the State Court Lawsuit to
date are attached hereto as Exhibit A.
2. On or about January 12, 2023, MetLife and DePiore were each served with a copy
of the Summons and Complaint in the State Court Lawsuit via certified mail. On or about January
11, 2023, Defendant Rachel Steinlage was served with a copy of the Summons and Complaint in
the State Court Lawsuit via certified mail. In accordance with 28 U.S.C. § 1446(b), this Notice of
Removal of Civil Action is timely filed within 30 days of all Defendants’ receipt of service.
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3. No further pleadings have been filed and no substantive proceedings have taken
place in this action since the filing of the Complaint.
ORIGINAL JURISDICTION
4. Plaintiff is a former employee of MetLife. See Exhibit A, Complaint at 13.
5. Plaintiff alleges that MetLife retaliated against him for attempting to utilize FMLA
leave by terminating his employment in violation of the Family and Medical Leave Act, 29 U.S.C.
§ 2615(a)(2). Id., Complaint at 88-96 (Count I).
6. Plaintiff also alleges that MetLife interfered with Plaintiffs exercise of his rights
under the FMLA, in violation of the Family and Medical Leave Act, 29 U.S.C. § 2615(a)(1). Id.,
Complaint at 97-106 (Count II).
7. This Court has original jurisdiction over this action under 28 U.S.C. § 1331 because
Plaintiff asserts violations of federal law, specifically 29 U.S.C. §§ 2615(a)(1) and (2).
8. Accordingly, this action is within the original federal question jurisdiction of the
United States District Court, pursuant to 28 U.S.C. § 1331.
SUPPLEMENTAL JURISDICTION
9. In addition to claims of alleged FMLA retaliation and interference, Plaintiff alleges
state law claims against MetLife of disability discrimination and failure to accommodate under
Ohio Revised Code 4112.02. Plaintiff also alleges a state law claim of alleged unlawful aiding
and abetting discrimination against DePiore and Steinlage under R.C. 4112.02(J).
10. Pursuant to 28 USC § 1367(a), “[i]n any civil action in which the district courts
have original jurisdiction, the district courts shall have supplemental jurisdiction over all claims
that are so related to claims in the action within such original jurisdiction that they form part of the
same case or controversy..
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11. Here, supplemental jurisdiction over Plaintiff's state law claims of disability
discrimination against MetLife under R.C. 4112.02 is proper as the claims rely on a common
nucleus of operative facts (Plaintiffs termination of employment and the circumstances
surrounding the same). See Exhibit A, Complaint at 44, 74, 80, 116-120, 139-141.
12. Supplemental jurisdiction over Plaintiffs state law claim of aiding and abetting
discrimination against DePiore and Steinlage under R.C. 4112.02(J) is also proper because this
claim relies on the same common nucleus of operative facts (Plaintiffs termination of employment
and the circumstances surrounding the same). Id., Complaint at 127-130. Further, this claim is
contingent on Plaintiffs claims for disability discrimination, claims over which the Court should
also exercise supplemental jurisdiction.
COMPLIANCE WITH REMOVAL PROCEDURES
13. All Defendants have consented to the removal of this case.
14. On the same date as the filing of this Notice of Removal, MetLife Defendants are
serving by electronic mail a copy of this Notice of Removal upon Plaintiff s counsel and all counsel
of record.
15. On the same date as the filing of this Notice of Removal, MetLife Defendants are
serving a copy of this Notice of Removal with the Clerk of Court for the Court of Common Pleas
for Cuyahoga County, Ohio, the county in which the State Court Lawsuit was commenced and is
pending at the time this Notice of Removal was filed with this Court. As required by 28 U.S.C. §
1446(d), Defendants have simultaneously filed a true and correct copy of this Notice of Removal
with the Clerk of the Court of Common Pleas in Cuyahoga County, Ohio. MetLife Defendants
also served this Notice of Removal upon all counsel of record on the date set forth in the certificate
of service.
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16. Accordingly, MetLife Defendants have satisfied all the removal prerequisites of 28
U.S.C. § 1446.
PRESERVATION OF DEFENSES
17. By filing this Notice of Removal, MetLife Defendants do not waive any defense
that may be available to them.
WHEREFORE, MetLife Defendants respectfully request that the above-entitled action
now pending against them in the Court of Common Pleas for Cuyahoga County, Ohio be removed
to this Court.
Respectfully submitted,
/s/ Suellen Oswald__________
Suellen Oswald (0043884)
Lyndsay M. Ross (0099248)
Jackson Lewis P.C.
Park Center Plaza I, Suite 400
6100 Oak Tree Boulevard
Cleveland, Ohio 44131
Ph: (216) 750-0404
Fax: (216) 750-0826
Suellen.Oswald@jacksonlewis.com
Lyndsay.Ross@jacksonlewis.com
Attorneysfor Defendants
MetLife Legal Plans, Inc. and
Vicky DePiore
4870-7272-0719, v. 1
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EXHIBIT A
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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed: COMPLAINT
January 5,2023 10:01
By; KEVIN A. BURYANEK 0099300
Confirmation Nbr. 2740532
BRUCE FEAGLER CV 23 973370
vs.
Judge: DAVID T.MATIA
METLIFE LEGAL PLANS, INC., ET AL
Pages Filed: 15
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IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
BRUCE FEAGLER ) CASE NO.
4079 Summit Street )
Norton, Ohio 44203 ) JUDGE:
Plaintiff, )
) COMPLAINT FOR DAMAGES
v. ) AND REINSTATEMENT
)
METLIFE LEGAL PLANS, INC ) JURY DEMAND ENDORSED
c/o CT Corporation System ) HEREIN
Statutory Agent )
4400 Easton Commons Way, Suite 125 )
Columbus, Ohio 43219 )
)
-And- )
)
RACHEL STEINLAGE )
4811 Wiltshire Road )
North Royalton, Ohio 44133 )
)
-And- )
)
VICKY DEPIORE )
10897 Ravenna Road )
Twinsburg, Ohio 44087 )
)
Defendants. )
Plaintiff Bruce Feagler, by and through his undersigned counsel, as his Complaint against
Defendants, hereby states and avers the following:
PARTIES, JURISDICTION & VENUE
1 Plaintiff Bruce Feagler is a natural person and resident of the City of Norton, Summit County,
Ohio.
2. Defendant MetLife Legal Plans, Inc. (“MetLife”) is a foreign, for-profit corporation licensed
to do and doing business in the State of Ohio, with a principal place of business located at 1111
Superior Avenue, Cleveland, Cuyahoga County, Ohio 44114.
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3. Upon information and belief, Defendant Rachel Steinlage is a natural person and resident of
the City of North Royalton, Cuyahoga County, Ohio.
4 Upon information and belief. Defendant Vicky DePiore is a natural person and resident of the
City of Twinsburg, Summit County, Ohio.
5. All material events alleged in this Complaint occurred in Cuyahoga County, Ohio.
6. Personal jurisdiction is proper over Defendants pursuant to R.C. §2307.382(A)(l) and/or (4).
7. Venue is proper pursuant to Civ. R 3(C)(2), (3) and/or (6).
8. This Court is a court of general jurisdiction over the claims presented herein, including all
subject matters of this Complaint.
9. Within 300 days of the discrimination alleged below, Feagler dually filed a Charge of
Discrimination with the Equal Employment Opportunity Commission (“EEOC”) and the Ohio
Civil Rights Commission, Charge No. 532-2022-02737.
10. On or about October 7, 2022, the EEOC issued Feagler a Notice of Right to Sue letter for
Charge No. 532-2022-02737, a copy of which is attached hereto as Exhibit 1.
11. Feagler has exhausted his available administrative remedies.
12. Within in 90 days of receipt of the Notice of Right to Sue letter, Feagler filed this Complaint.
FACTS
13. Feagler is a former employee of MetLife.
14. Feagler was employed by MetLife on or about November 13, 2000.
15. Feagler worked as a Panel Representative.
16. Feagler suffers from clinical depression and a seizure disorder.
17. Feagler’s conditions constitute disabilities.
18. Feagler is disabled.
19. Feagler informed MetLife of his disabling conditions.
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20. Feagler informed Steinlage of his disabling conditions.
21. Feagler informed DePiore of his disabling conditions.
22. In the alternative, MetLife perceived Feagler as being disabled.
23. In the alternative, Steinlage perceived Feagler as being disabled.
24 In the alternative, DePiore perceived Feagler as being disabled.
25. Feagler’s conditions constitute physical and/or psychological impairments.
26. Feagler’s conditions substantially impair one or more of his major life activities, including but
not limited to working.
27. In the alternative, MetLife perceived Feagler’s conditions to substantially impair one or more
of his major life activities, including but not limited to working.
28. In the alternative, Steinlage perceived Feagler’s conditions to substantially impair one or more
of his major life activities, including but not limited to working.
29. In the alternative, DePiore perceived Feagler’s conditions to substantially impair one or more
of his major life activities, including but not limited to working.
30. Feagler’s medically necessary medication causes him extreme drowsiness.
31. Feagler’s extreme drowsiness makes it unusually difficult for him to wake from sleep.
32. Feagler requested a flexible log-in policy to accommodate the side effects of his medication.
33. Feagler requested accommodations from MetLife to assist with his disabilities.
34. Feagler’s requested accommodations were reasonable.
35. There was an accommodation that would have been effective and would not have posed an
undue hardship to MetLife.
36. MetLife failed to engage in the interactive process of determining whether Feagler needed
accommodations.
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37. MetLife treated Feagler differently than other similarly situated employees based on his
disabling conditions.
38. Steinlage treated Feagler differently than other similarly situated employees based on his
disabling conditions.
39. Steinlage scrutinized Feagler’s log-in times.
40. Steinlage monitored Feagler’s log-in times more than she monitored any other employee’s log
in times.
41. Steinlage scrutinized Feagler’s log-in times more than she did any other employee’s log in
times
42. Steinlage monitored and scrutinized Feagler’s log-in times because she knew his medically
necessary medication made it unusually difficult for him to wake from sleep
43. Steinlage monitored and scrutinized Feagler’s log-in times because she discriminated against
him based on his disabilities.
44. Steinlage issued Feagler discipline for logging in late because she refused to accommodate his
disabilities.
45. DePiore treated Feagler differently than other similarly situated employees based on his
disabling conditions.
46. MetLife treated Feagler differently than other similarly situated employees based on his
perceived disabling conditions.
47. Steinlage treated Feagler differently than other similarly situated employees based on his
perceived disabling conditions.
48. DePiore treated Feagler differently than other similarly situated employees based on his
perceived disabling conditions
Electronically Filed 02/08/2023 13:02 / NOTICE 9 CV 23 fiZ3870^aConfilrmatiamNbB22Z U.S. Equal Employment Opportunity Commission
Notice of Right to Sue (Issued on Request)
Bruce Feagler
4079 Summit
Norton, OH 44203
EEOC Charge No. EEOC Representative Telephone No.
532-2022-02737 Legal Unit Duty Officer (267) 589-9707
(See also the additional information enclosed with this form.)
Notice to the Person Aggrieved:
Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Genetic Information Nondiscrimination
Act (GINA): This is your Notice of Right to Sue, issued under Title VII, the ADA or GINA based on the above-numbered charge. It has
been issued at your request. Your lawsuit under Title VII, the ADA or GINA must be filed in a federal or state court WITHIN 90 DAYS
of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under
state law may be different.)
More than 180 days have passed since the filing of th is charge.
The EEOC is terminating its processing of this charge.
Age Discrimination in Employment Act (A DEA): You may sue under the A DEA at any time from 60 days after the charge was filed until 90
days after you receive notice that we have completed action on the charge. In this regard, the EEOC is closing your case. Therefore, your
lawsuit under the A DEA must be filed infederal or state court 117 THIN 90 DA ES *ofyour receipt of this Notice. * Otherwise, your right to
sue based on the above-numbered charge will be lost.
Equal Pay Act (EPA): You already’ have the right to sue under the EPA filing an EEOC charge is not required.) EPA suits must be brought
in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay duefor
any violations that occurred more than 2 years (3 years) before you file suit may not be collectible.
If you file suit, based on this charge, please send a copy of your court complaint to this office.
On behalf of the Commission
10/07/2022
Enclosures(s) Dilip Gokhale
Field Office Director
ee: James G Murphy
MetLife
200 PARK AVE FL 4
New York, NY 10166
Patricia Brandt
The Spitz Law Firm, LLC
pa trie ia. brandt a spi tz 1 aw finn. com
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Enclosure with EEOC
Form 161-5(01/2022)
Information Related to Filing Suit
Under the Laws Enforced by the EEOC
(This information relates to filing suit in Federal or State court under Federal law.
Ifyou also plan to sue claiming violations ofState law, please be aware that time limits and other
provisions ofState law may be shorter or more limited than those described below.)
PRIVATE Suit Rights — Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the
Genetic Information Nondiscrimination Act (GINA), or the Age Discrimination in
Employment Act (ADEA):
In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within 90 days of
the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-day period is over, your right
to sue based on the charge referred to in this Notice will be lost. If you intend to consult an attorney, you should do so promptly.
Give your attorney a copy of this Notice, and its envelope, and tell him or her the date you received it. Furthermore, in order to
avoid any question that you did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this
Notice was mailed to you (as indicated where the Notice is signed) or the date of the postmark, if later.
Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate State court
is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide after talking to your
attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short statement of the facts of your case
which shows that you are entitled to relief. Your suit may include any matter alleged in the charge or, to the extent permitted
by court decisions, matters like or related to the matters alleged in the charge. Generally, suits are brought in the State where
the alleged unlawful practice occurred, but in some cases can be brought where relevant employment records are kept, where
the employment would have been, or where the respondent has its main office. If you have simple questions, you usually can
get answers from the office of the clerk of the court where you are bringing suit, but do not expect that office to write your
complaint or make legal strategy' decisions for you.
Private Suit Rights - Equal Pay Act (EPA):
EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back pay due
for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For example, if you were
underpaid under the EPA for work performed from 7/1/08 to 12/1/08, you should file suit before 7/1/10 - not 12/1/10 — in order
to recover unpaid wages due for July 2008. This time limit for filing an EPA suit is separate from the 90-day filing period under
Title VII, the ADA, GINA or the ADEA referred to above. Therefore, if you also plan to sue under Title VII, the ADA, GINA
or the ADEA, in addition to suing on the EPA claim, suit must be filed within 90 days of this Notice and within the 2- or 3-year
EPA back pay recovery' period.
Attorney Representation - Title VII, the ADA or GINA:
If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction in your case
may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be made to the U. S. District Court
in the form and manner it requires (you should be prepared to explain in detail your efforts to retain an attorney). Requests should
be made well before the end of the 90-day period mentioned above, because such requests do not relieve you of the requirement to
bring suit within 90 days.
Attorney Referral and EEOC Assistance - All Statutes:
You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any questions
about your legal rights, including advice on which U.S. District Court can hear your case. If you need to inspect or obtain a copy of
information in EEOC's file on the charge, please request it promptly in writing and provide your charge number (as shown on your
Notice). While EEOC destroys charge files after a certain time, all charge files are kept for at least 6 months after our last action on
the case. Therefore, if you file suit and want to review' the charge file, please make your review request within 6 months of this
Notice. (Before filing suit, any request should be made within the next 90 days.)
If you file suit, please send a copy of your court complaint to this office
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THE COURT OF COMMON PLEAS, CIVIL DIVISION
CUYAHOGA COUNTY, OHIO
Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113
BRUCE FEAGLER CASE NO. CV23973370
Plaintiff
JUDGE DAVID TMATIA
V.
METLIFE LEGAL PLANS, INC., ET AL
SUMMONS sumo cm
Defendant Notice ID: 49483010
49483010
From: BRUCE FEAGLER P1 Atty.: DANIELS. DUBOW
4079 SUMMIT STREET 25825 SCIENCE PARK DR STE 200
NORTON OH 44203 BEACHWOOD, OH 44122-0000
To: METLIFE LEGAL PLANS, INC. D1
C/O CT CORPORATION SYSTEM
STATUTORY AGENT
4400 EASTON COMMONS WAY, SUITE 125
COLUMBUS OH 43219
NOTICE TO THE DEFENDANT:
The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is
attached.
If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if
not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the
day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver
the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf)
You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file
your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address
or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit
http://coc.cuyahogacounty.us/en-US/efiling.aspx.
If you fail to serve and file your Answer, you will lose valuable rights. The Court will decide the case in favor of the
Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you.
You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an
attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance.
Nailah K. Byrd
Clerk of Court of Common Pleas
216-443-7950
Date Sent: 01/09/2023 By.
Deputy
CMSN130
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THE COURT OF COMMON PLEAS, CIVIL DIVISION
CUYAHOGA COUNTY, OHIO
Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113
BRUCE FEAGLER CASE NO. CV23973370
Plaintiff
JUDGE DAVID TMATIA
V.
METLIFE LEGAL PLANS, INC., ET AL
SUMMONS sumo cm
Defendant Notice ID: 49483011
49483011
From: BRUCE FEAGLER P1 Atty.: DANIELS. DUBOW
4079 SUMMIT STREET 25825 SCIENCE PARK DR STE 200
NORTON OH 44203 BEACHWOOD, OH 44122-0000
To: RACHEL STEINLAGE D2
4811 WILTSHIRE ROAD
NORTH ROYALTON OH 44133
NOTICE TO THE DEFENDANT:
The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is
attached.
If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if
not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the
day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver
the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf)
You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file
your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address
or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit
http://coc.cuyahogacounty.us/en-US/efiling.aspx.
If you fail to serve and file your Answer, you will lose valuable rights. The Court will decide the case in favor of the
Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you.
You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an
attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance.
Nailah K. Byrd
Clerk of Court of Common Pleas
216-443-7950
Date Sent: 01/09/2023 By.
Deputy
CMSN130
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Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 20 of 20. PagelD #: 24
THE COURT OF COMMON PLEAS, CIVIL DIVISION
CUYAHOGA COUNTY, OHIO
Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113
BRUCE FEAGLER CASE NO. CV23973370
Plaintiff
JUDGE DAVID TMATIA
V.
METLIFE LEGAL PLANS, INC., ET AL
SUMMONS sumo cm
Defendant Notice ID: 49483012
49483012
From: BRUCE FEAGLER P1 Atty.: DANIELS. DUBOW
4079 SUMMIT STREET 25825 SCIENCE PARK DR STE 200
NORTON OH 44203 BEACHWOOD, OH 44122-0000
To: VICKY DEPIORE D3
10897 RAVENNA ROAD
TWINSBURG OH 44087
NOTICE TO THE DEFENDANT:
The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is
attached.
If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if
not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the
day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver
the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf)
You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file
your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address
or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit
http://coc.cuyahogacounty.us/en-US/efiling.aspx.
If you fail to serve and file your Answer, you will lose valuable rights. The Court will decide the case in favor of the
Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you.
You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an
attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance.
Nailah K. Byrd
Clerk of Court of Common Pleas
216-443-7950
Date Sent: 01/09/2023 By.
Deputy
CMSN130
Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB
Case: 1:23-cv-00247 Doc #: 1-2 Filed: 02/08/23 1 of 3. PagelD #: 25
JS44 (Rev. 3/22) CIVIL COVER SHEET
Die JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United Slates in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
MetLife Legal Plans, Inc., Rachel Steinlage, and Vicky
Bruce Feagler
DePiore
(b) County of Residence of First Listed Plaintiff Summit County County of Residence of First Listed Defendant
(EXCEPTIN US. PLAINTIFF CASES) (IN US. PLAINTIFF CA SES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Kevin A. Buryanek and Daniel S. Dubow, The Spitz Law Suellen Oswald and Lyndsay M. Ross, Jackson Lewis P.C.,
Firm LLC, 25825 Science Park Drive, Suite 200, 6100 Oak Tree Blvd., Suite 400, Cleveland, OH 44131,
Beachwood. OH 44122. (2161291-4744 (216) 750-0404 / Michael Chesnev. Frantz Ward LLP, 200
II. BASIS OF JURISDICTION (Place an "X"in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (P/^™ viMn One Boxfor Plaintiff
'
(For Diversity Cases Only) and One Boxfor Defendant)
1 U.S, Government 03 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State l 1 Incorporated or Principal Place 4 4
ofBusiness In This Stale
I 12 U.S, Government
< Diversity Citizen of Another Slate 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship ofParties in Item III) ofBusiness In Another Slate
Citizen or Subject of a 3 3 Foreign Nation
Foreign Country
IV. NATURE OF SUIT (P/ncean "X"in One Box Only)________________ ________________ Click here for: Nature_of_Suit_OideJ2escriBtion_s.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 1
110 Insurance PERSONAL INJURY PERSONAL INJURY ~”1625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane H 365Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability ^690 Olher 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 Slate Reapportionfiint
150 Recovery of Overpayment ~1 320 Assault, Libel & Pharmaceutical INTELLECTUAL 410 Antitrust
& Enforcement of Judgment Slander Personal Injury PROPERTY RIGHTS 430 Banks and BankingJ
151 Medicare Act 330 Federal Employers’ Product Liability 820 Copyrights 450 Commerce
t 368 Asbestos Personal
152 Recovery of Defaulted Liability 830 Patent" 460 Deportation
Student Loans 340 Marine Injury Product 835 Patent Abbreviated 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability New Drug Application Corrupt OrganizadpAs
1 1153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR L 840 Trademark n 480 Consumer Credit L*
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud _ 1710 Fair Labor Standards 1 I 880 Defend Trade Secrets (15 USC 1681 or M92)
160 Stockholders' Suits 355 Motor Vehicle 371 Truth in Lending Act Act of 2016 | 485 Telephone Consumer
190 Olher Contract Produ
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas NOTICE OF REMOVAL February 8,2023 13:02 By: SUELLEN OSWALD 0043884 Confirmation Nbr. 2771277 BRUCE FLAGLER CV 23 973370 vs. Judge: DAVID T.MATIA METLIFE LEGAL PLANS, INC., FT AL Pages Filed: 30 Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO BRUCE FEAGLER, ) CASE NO. CV 23 973370 ) Plaintiff, ) JUDGE DAVID T. MATIA ) v. ) ) DEFENDANTS METLIFE LEGAL METLIFE LEGAL PLANS, INC., et al., ) PLANS, INC. AND VICKY ) DEPIORE’S NOTICE OF FILING OF ) NOTICE OF REMOVAL OF CIVIL Defendant. ) ACTION ) PLEASE TAKE NOTICE that Defendants MetLife Legal Plans, Inc. and Vicky DePiore (together, the “MetLife Defendants”), through their undersigned counsel, filed a Notice of Removal of Civil Action with the United States District Court for the Northern District of Ohio on February 8, 2023, based on the existence of a federal question. All Defendants have consented to removal. A copy of MetLife Defendant’s Notice of Removal is attached hereto as Exhibit A. Dated: February 8, 2023 Respectfully submitted, Jackson Lewis P.C. /s/ Suellen Oswald Suellen Oswald (#0043884) Lyndsay M. Ross (#0099248) Park Center Plaza I, Suite 400 6100 Oak Tree Boulevard Cleveland, OH 44131 Tel.: (216) 750-0404 Fax:(216) 750-0826 Suellen.O swal d@iacksonl ewi s.com Lyndsay.Ross@iacksonjewis.com Counselfor Defendants, MetLife Legal Plans, Inc. and Vicky DePiore Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB CERTIFICATE OF SERVICE I hereby certify that on this 8th day of February, 2023, a true and accurate copy of the foregoing was electronically filed with the Cuyahoga County Court of Common Pleas. Notice of this filing will be sent to all parties of record via the Court's electronic notification system. /s/ Suellen Oswald___________ Suellen Oswald Counselfor Defendants, MetLife Legal Plans, Inc. and Vicky DePiore 4873-1038-3438, v. 1 Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 9733702 Confirmation Nbr. 2771277 / CLMHB EXHIBIT A Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1 Filed: 02/08/23 1 of 4. PagelD #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION BRUCE FEAGLER, ) CASE NO. ) Plaintiff, ) JUDGE ) v. ) ) METLIFE LEGAL PLANS, INC., et al., ) DEFENDANTS METLIFE LEGAL ) PLANS, INC. AND VICKY DEPIORE’S Defendants. ) NOTICE OF REMOVAL OF CIVIL ) ACTION ) Defendants MetLife Legal Plans, Inc. (“MetLife”) and Vicky DePiore (“DePiore”) (together, the “MetLife Defendants”), through their undersigned counsel and for their Notice of Removal of this case from the Cuyahoga County, Ohio Court of Common Pleas to the United States Court for the Northern District of Ohio, hereby state as follows: 1. On January 5, 2023, Plaintiff Bruce Feagler (“Plaintiff”) commenced a civil action against Defendants MetLife, DePiore, and Rachel Steinlage (“Steinlage”) (collectively, “Defendants”), in the Court of Common Pleas for Cuyahoga County, Ohio, Case Number CV 23 973370 (the “State Court Lawsuit”). Copies of all documents filed in the State Court Lawsuit to date are attached hereto as Exhibit A. 2. On or about January 12, 2023, MetLife and DePiore were each served with a copy of the Summons and Complaint in the State Court Lawsuit via certified mail. On or about January 11, 2023, Defendant Rachel Steinlage was served with a copy of the Summons and Complaint in the State Court Lawsuit via certified mail. In accordance with 28 U.S.C. § 1446(b), this Notice of Removal of Civil Action is timely filed within 30 days of all Defendants’ receipt of service. Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1 Filed: 02/08/23 2 of 4. PagelD #: 2 3. No further pleadings have been filed and no substantive proceedings have taken place in this action since the filing of the Complaint. ORIGINAL JURISDICTION 4. Plaintiff is a former employee of MetLife. See Exhibit A, Complaint at 13. 5. Plaintiff alleges that MetLife retaliated against him for attempting to utilize FMLA leave by terminating his employment in violation of the Family and Medical Leave Act, 29 U.S.C. § 2615(a)(2). Id., Complaint at 88-96 (Count I). 6. Plaintiff also alleges that MetLife interfered with Plaintiffs exercise of his rights under the FMLA, in violation of the Family and Medical Leave Act, 29 U.S.C. § 2615(a)(1). Id., Complaint at 97-106 (Count II). 7. This Court has original jurisdiction over this action under 28 U.S.C. § 1331 because Plaintiff asserts violations of federal law, specifically 29 U.S.C. §§ 2615(a)(1) and (2). 8. Accordingly, this action is within the original federal question jurisdiction of the United States District Court, pursuant to 28 U.S.C. § 1331. SUPPLEMENTAL JURISDICTION 9. In addition to claims of alleged FMLA retaliation and interference, Plaintiff alleges state law claims against MetLife of disability discrimination and failure to accommodate under Ohio Revised Code 4112.02. Plaintiff also alleges a state law claim of alleged unlawful aiding and abetting discrimination against DePiore and Steinlage under R.C. 4112.02(J). 10. Pursuant to 28 USC § 1367(a), “[i]n any civil action in which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy.. Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370^ Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1 Filed: 02/08/23 3 of 4. PagelD #: 3 11. Here, supplemental jurisdiction over Plaintiff's state law claims of disability discrimination against MetLife under R.C. 4112.02 is proper as the claims rely on a common nucleus of operative facts (Plaintiffs termination of employment and the circumstances surrounding the same). See Exhibit A, Complaint at 44, 74, 80, 116-120, 139-141. 12. Supplemental jurisdiction over Plaintiffs state law claim of aiding and abetting discrimination against DePiore and Steinlage under R.C. 4112.02(J) is also proper because this claim relies on the same common nucleus of operative facts (Plaintiffs termination of employment and the circumstances surrounding the same). Id., Complaint at 127-130. Further, this claim is contingent on Plaintiffs claims for disability discrimination, claims over which the Court should also exercise supplemental jurisdiction. COMPLIANCE WITH REMOVAL PROCEDURES 13. All Defendants have consented to the removal of this case. 14. On the same date as the filing of this Notice of Removal, MetLife Defendants are serving by electronic mail a copy of this Notice of Removal upon Plaintiff s counsel and all counsel of record. 15. On the same date as the filing of this Notice of Removal, MetLife Defendants are serving a copy of this Notice of Removal with the Clerk of Court for the Court of Common Pleas for Cuyahoga County, Ohio, the county in which the State Court Lawsuit was commenced and is pending at the time this Notice of Removal was filed with this Court. As required by 28 U.S.C. § 1446(d), Defendants have simultaneously filed a true and correct copy of this Notice of Removal with the Clerk of the Court of Common Pleas in Cuyahoga County, Ohio. MetLife Defendants also served this Notice of Removal upon all counsel of record on the date set forth in the certificate of service. Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370^ Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1 Filed: 02/08/23 4 of 4. PagelD #: 4 16. Accordingly, MetLife Defendants have satisfied all the removal prerequisites of 28 U.S.C. § 1446. PRESERVATION OF DEFENSES 17. By filing this Notice of Removal, MetLife Defendants do not waive any defense that may be available to them. WHEREFORE, MetLife Defendants respectfully request that the above-entitled action now pending against them in the Court of Common Pleas for Cuyahoga County, Ohio be removed to this Court. Respectfully submitted, /s/ Suellen Oswald__________ Suellen Oswald (0043884) Lyndsay M. Ross (0099248) Jackson Lewis P.C. Park Center Plaza I, Suite 400 6100 Oak Tree Boulevard Cleveland, Ohio 44131 Ph: (216) 750-0404 Fax: (216) 750-0826 Suellen.Oswald@jacksonlewis.com Lyndsay.Ross@jacksonlewis.com Attorneysfor Defendants MetLife Legal Plans, Inc. and Vicky DePiore 4870-7272-0719, v. 1 Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 9733704 Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 1 of 20. PagelD #: 5 EXHIBIT A Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 2 of 20. PagelD #: 6 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT January 5,2023 10:01 By; KEVIN A. BURYANEK 0099300 Confirmation Nbr. 2740532 BRUCE FEAGLER CV 23 973370 vs. Judge: DAVID T.MATIA METLIFE LEGAL PLANS, INC., ET AL Pages Filed: 15 Electronically Filed 02/08/2023 10:02 / NOVICE 0 CV 23 m33Z0ilaConfiWtiatlSMNKr22ZZ12ZZ / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 3 of 20. PagelD #: 7 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO BRUCE FEAGLER ) CASE NO. 4079 Summit Street ) Norton, Ohio 44203 ) JUDGE: Plaintiff, ) ) COMPLAINT FOR DAMAGES v. ) AND REINSTATEMENT ) METLIFE LEGAL PLANS, INC ) JURY DEMAND ENDORSED c/o CT Corporation System ) HEREIN Statutory Agent ) 4400 Easton Commons Way, Suite 125 ) Columbus, Ohio 43219 ) ) -And- ) ) RACHEL STEINLAGE ) 4811 Wiltshire Road ) North Royalton, Ohio 44133 ) ) -And- ) ) VICKY DEPIORE ) 10897 Ravenna Road ) Twinsburg, Ohio 44087 ) ) Defendants. ) Plaintiff Bruce Feagler, by and through his undersigned counsel, as his Complaint against Defendants, hereby states and avers the following: PARTIES, JURISDICTION & VENUE 1 Plaintiff Bruce Feagler is a natural person and resident of the City of Norton, Summit County, Ohio. 2. Defendant MetLife Legal Plans, Inc. (“MetLife”) is a foreign, for-profit corporation licensed to do and doing business in the State of Ohio, with a principal place of business located at 1111 Superior Avenue, Cleveland, Cuyahoga County, Ohio 44114. Electronically Filed 02/08/2023 13:02 / NOTICE 9 CV 23 m38Z0T/aConfiMtiatlSMN!B322ZZt12ZZ / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 4 of 20. PagelD #: 8 3. Upon information and belief, Defendant Rachel Steinlage is a natural person and resident of the City of North Royalton, Cuyahoga County, Ohio. 4 Upon information and belief. Defendant Vicky DePiore is a natural person and resident of the City of Twinsburg, Summit County, Ohio. 5. All material events alleged in this Complaint occurred in Cuyahoga County, Ohio. 6. Personal jurisdiction is proper over Defendants pursuant to R.C. §2307.382(A)(l) and/or (4). 7. Venue is proper pursuant to Civ. R 3(C)(2), (3) and/or (6). 8. This Court is a court of general jurisdiction over the claims presented herein, including all subject matters of this Complaint. 9. Within 300 days of the discrimination alleged below, Feagler dually filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”) and the Ohio Civil Rights Commission, Charge No. 532-2022-02737. 10. On or about October 7, 2022, the EEOC issued Feagler a Notice of Right to Sue letter for Charge No. 532-2022-02737, a copy of which is attached hereto as Exhibit 1. 11. Feagler has exhausted his available administrative remedies. 12. Within in 90 days of receipt of the Notice of Right to Sue letter, Feagler filed this Complaint. FACTS 13. Feagler is a former employee of MetLife. 14. Feagler was employed by MetLife on or about November 13, 2000. 15. Feagler worked as a Panel Representative. 16. Feagler suffers from clinical depression and a seizure disorder. 17. Feagler’s conditions constitute disabilities. 18. Feagler is disabled. 19. Feagler informed MetLife of his disabling conditions. Electronically Filed 02/08/2023 13:02 I NOTICE 9 CV23 «Z88Z0n/sConfiirmBtlBin4^22ZZ12ZZI CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 5 of 20. PagelD #: 9 20. Feagler informed Steinlage of his disabling conditions. 21. Feagler informed DePiore of his disabling conditions. 22. In the alternative, MetLife perceived Feagler as being disabled. 23. In the alternative, Steinlage perceived Feagler as being disabled. 24 In the alternative, DePiore perceived Feagler as being disabled. 25. Feagler’s conditions constitute physical and/or psychological impairments. 26. Feagler’s conditions substantially impair one or more of his major life activities, including but not limited to working. 27. In the alternative, MetLife perceived Feagler’s conditions to substantially impair one or more of his major life activities, including but not limited to working. 28. In the alternative, Steinlage perceived Feagler’s conditions to substantially impair one or more of his major life activities, including but not limited to working. 29. In the alternative, DePiore perceived Feagler’s conditions to substantially impair one or more of his major life activities, including but not limited to working. 30. Feagler’s medically necessary medication causes him extreme drowsiness. 31. Feagler’s extreme drowsiness makes it unusually difficult for him to wake from sleep. 32. Feagler requested a flexible log-in policy to accommodate the side effects of his medication. 33. Feagler requested accommodations from MetLife to assist with his disabilities. 34. Feagler’s requested accommodations were reasonable. 35. There was an accommodation that would have been effective and would not have posed an undue hardship to MetLife. 36. MetLife failed to engage in the interactive process of determining whether Feagler needed accommodations. Electronically Filed 02/08/2023 13:02 / NOTICE 9 CV 23 &Z88Z0^onfiittiBtlBin4N6822ZZ12ZZ / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 6 of 20. PagelD #: 10 37. MetLife treated Feagler differently than other similarly situated employees based on his disabling conditions. 38. Steinlage treated Feagler differently than other similarly situated employees based on his disabling conditions. 39. Steinlage scrutinized Feagler’s log-in times. 40. Steinlage monitored Feagler’s log-in times more than she monitored any other employee’s log in times. 41. Steinlage scrutinized Feagler’s log-in times more than she did any other employee’s log in times 42. Steinlage monitored and scrutinized Feagler’s log-in times because she knew his medically necessary medication made it unusually difficult for him to wake from sleep 43. Steinlage monitored and scrutinized Feagler’s log-in times because she discriminated against him based on his disabilities. 44. Steinlage issued Feagler discipline for logging in late because she refused to accommodate his disabilities. 45. DePiore treated Feagler differently than other similarly situated employees based on his disabling conditions. 46. MetLife treated Feagler differently than other similarly situated employees based on his perceived disabling conditions. 47. Steinlage treated Feagler differently than other similarly situated employees based on his perceived disabling conditions. 48. DePiore treated Feagler differently than other similarly situated employees based on his perceived disabling conditions Electronically Filed 02/08/2023 13:02 / NOTICE 9 CV 23 fiZ3870^aConfilrmatiamNbB22Z U.S. Equal Employment Opportunity Commission Notice of Right to Sue (Issued on Request) Bruce Feagler 4079 Summit Norton, OH 44203 EEOC Charge No. EEOC Representative Telephone No. 532-2022-02737 Legal Unit Duty Officer (267) 589-9707 (See also the additional information enclosed with this form.) Notice to the Person Aggrieved: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), or the Genetic Information Nondiscrimination Act (GINA): This is your Notice of Right to Sue, issued under Title VII, the ADA or GINA based on the above-numbered charge. It has been issued at your request. Your lawsuit under Title VII, the ADA or GINA must be filed in a federal or state court WITHIN 90 DAYS of your receipt of this notice; or your right to sue based on this charge will be lost. (The time limit for filing suit based on a claim under state law may be different.) More than 180 days have passed since the filing of th is charge. The EEOC is terminating its processing of this charge. Age Discrimination in Employment Act (A DEA): You may sue under the A DEA at any time from 60 days after the charge was filed until 90 days after you receive notice that we have completed action on the charge. In this regard, the EEOC is closing your case. Therefore, your lawsuit under the A DEA must be filed infederal or state court 117 THIN 90 DA ES *ofyour receipt of this Notice. * Otherwise, your right to sue based on the above-numbered charge will be lost. Equal Pay Act (EPA): You already’ have the right to sue under the EPA filing an EEOC charge is not required.) EPA suits must be brought in federal or state court within 2 years (3 years for willful violations) of the alleged EPA underpayment. This means that backpay duefor any violations that occurred more than 2 years (3 years) before you file suit may not be collectible. If you file suit, based on this charge, please send a copy of your court complaint to this office. On behalf of the Commission 10/07/2022 Enclosures(s) Dilip Gokhale Field Office Director ee: James G Murphy MetLife 200 PARK AVE FL 4 New York, NY 10166 Patricia Brandt The Spitz Law Firm, LLC pa trie ia. brandt a spi tz 1 aw finn. com Electronically Filed 02/08/2023 13:02 / NOTICE 9 CV 23 «Z88Z0riiConfiirmatlBnffi^22ZZ12ZZ / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 17 of 20. PagelD #: 21 Enclosure with EEOC Form 161-5(01/2022) Information Related to Filing Suit Under the Laws Enforced by the EEOC (This information relates to filing suit in Federal or State court under Federal law. Ifyou also plan to sue claiming violations ofState law, please be aware that time limits and other provisions ofState law may be shorter or more limited than those described below.) PRIVATE Suit Rights — Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), or the Age Discrimination in Employment Act (ADEA): In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within 90 days of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-day period is over, your right to sue based on the charge referred to in this Notice will be lost. If you intend to consult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and its envelope, and tell him or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timely manner, it is prudent that your suit be filed within 90 days of the date this Notice was mailed to you (as indicated where the Notice is signed) or the date of the postmark, if later. Your lawsuit may be filed in U.S. District Court or a State court of competent jurisdiction. (Usually, the appropriate State court is the general civil trial court.) Whether you file in Federal or State court is a matter for you to decide after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short statement of the facts of your case which shows that you are entitled to relief. Your suit may include any matter alleged in the charge or, to the extent permitted by court decisions, matters like or related to the matters alleged in the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some cases can be brought where relevant employment records are kept, where the employment would have been, or where the respondent has its main office. If you have simple questions, you usually can get answers from the office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or make legal strategy' decisions for you. Private Suit Rights - Equal Pay Act (EPA): EPA suits must be filed in court within 2 years (3 years for willful violations) of the alleged EPA underpayment: back pay due for violations that occurred more than 2 years (3 years) before you file suit may not be collectible. For example, if you were underpaid under the EPA for work performed from 7/1/08 to 12/1/08, you should file suit before 7/1/10 - not 12/1/10 — in order to recover unpaid wages due for July 2008. This time limit for filing an EPA suit is separate from the 90-day filing period under Title VII, the ADA, GINA or the ADEA referred to above. Therefore, if you also plan to sue under Title VII, the ADA, GINA or the ADEA, in addition to suing on the EPA claim, suit must be filed within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery' period. Attorney Representation - Title VII, the ADA or GINA: If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be made to the U. S. District Court in the form and manner it requires (you should be prepared to explain in detail your efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above, because such requests do not relieve you of the requirement to bring suit within 90 days. Attorney Referral and EEOC Assistance - All Statutes: You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any questions about your legal rights, including advice on which U.S. District Court can hear your case. If you need to inspect or obtain a copy of information in EEOC's file on the charge, please request it promptly in writing and provide your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, all charge files are kept for at least 6 months after our last action on the case. Therefore, if you file suit and want to review' the charge file, please make your review request within 6 months of this Notice. (Before filing suit, any request should be made within the next 90 days.) If you file suit, please send a copy of your court complaint to this office Electronically Filed 02/08/2023 13:02 / NOTICE 9 CV 23 m38Z0rtaConfirltiatlSMN!B322ZZt12ZZ / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 18 of 20. PagelD #: 22 THE COURT OF COMMON PLEAS, CIVIL DIVISION CUYAHOGA COUNTY, OHIO Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113 BRUCE FEAGLER CASE NO. CV23973370 Plaintiff JUDGE DAVID TMATIA V. METLIFE LEGAL PLANS, INC., ET AL SUMMONS sumo cm Defendant Notice ID: 49483010 49483010 From: BRUCE FEAGLER P1 Atty.: DANIELS. DUBOW 4079 SUMMIT STREET 25825 SCIENCE PARK DR STE 200 NORTON OH 44203 BEACHWOOD, OH 44122-0000 To: METLIFE LEGAL PLANS, INC. D1 C/O CT CORPORATION SYSTEM STATUTORY AGENT 4400 EASTON COMMONS WAY, SUITE 125 COLUMBUS OH 43219 NOTICE TO THE DEFENDANT: The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is attached. If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf) You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit http://coc.cuyahogacounty.us/en-US/efiling.aspx. If you fail to serve and file your Answer, you will lose valuable rights. The Court will decide the case in favor of the Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you. You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance. Nailah K. Byrd Clerk of Court of Common Pleas 216-443-7950 Date Sent: 01/09/2023 By. Deputy CMSN130 Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 19 of 20. PagelD #: 23 THE COURT OF COMMON PLEAS, CIVIL DIVISION CUYAHOGA COUNTY, OHIO Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113 BRUCE FEAGLER CASE NO. CV23973370 Plaintiff JUDGE DAVID TMATIA V. METLIFE LEGAL PLANS, INC., ET AL SUMMONS sumo cm Defendant Notice ID: 49483011 49483011 From: BRUCE FEAGLER P1 Atty.: DANIELS. DUBOW 4079 SUMMIT STREET 25825 SCIENCE PARK DR STE 200 NORTON OH 44203 BEACHWOOD, OH 44122-0000 To: RACHEL STEINLAGE D2 4811 WILTSHIRE ROAD NORTH ROYALTON OH 44133 NOTICE TO THE DEFENDANT: The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is attached. If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf) You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit http://coc.cuyahogacounty.us/en-US/efiling.aspx. If you fail to serve and file your Answer, you will lose valuable rights. The Court will decide the case in favor of the Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you. You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance. Nailah K. Byrd Clerk of Court of Common Pleas 216-443-7950 Date Sent: 01/09/2023 By. Deputy CMSN130 Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1-1 Filed: 02/08/23 20 of 20. PagelD #: 24 THE COURT OF COMMON PLEAS, CIVIL DIVISION CUYAHOGA COUNTY, OHIO Clerk of Courts | The Justice Center | 1200 Ontario Street 1st Floor, Cleveland, Ohio 44113 BRUCE FEAGLER CASE NO. CV23973370 Plaintiff JUDGE DAVID TMATIA V. METLIFE LEGAL PLANS, INC., ET AL SUMMONS sumo cm Defendant Notice ID: 49483012 49483012 From: BRUCE FEAGLER P1 Atty.: DANIELS. DUBOW 4079 SUMMIT STREET 25825 SCIENCE PARK DR STE 200 NORTON OH 44203 BEACHWOOD, OH 44122-0000 To: VICKY DEPIORE D3 10897 RAVENNA ROAD TWINSBURG OH 44087 NOTICE TO THE DEFENDANT: The Plaintiff has filed a lawsuit against you in this Court. You are named as a defendant. A copy of the Complaint is attached. If you wish to respond to the Complaint, you must deliver a written Answer to the Plaintiff’s attorney (or the Plaintiff if not represented by an attorney) at the above address within 28 days after receiving this Summons (not counting the day you received it). A letter or a phone call will not protect you. Civil Rule 5 explains the ways that you may deliver the Answer (http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf) You must also file a copy of your Answer with this Court within 3 days after you serve it on the Plaintiff. You can file your Answer with the Clerk of Courts by one of the following methods: 1) In-person or by mail at the above address or 2) electronically through the online e-Filing system. For more information on using the e-Filing system, visit http://coc.cuyahogacounty.us/en-US/efiling.aspx. If you fail to serve and file your Answer, you will lose valuable rights. The Court will decide the case in favor of the Plaintiff and grant the relief requested in the Complaint by entering a default judgment against you. You may wish to hire an attorney to represent you. Because this is a civil lawsuit, the Court cannot appoint an attorney for you. If you need help finding a lawyer, contact a local bar association and request assistance. Nailah K. Byrd Clerk of Court of Common Pleas 216-443-7950 Date Sent: 01/09/2023 By. Deputy CMSN130 Electronically Filed 02/08/2023 13:02 / NOTICE / CV 23 973370 / Confirmation Nbr. 2771277 / CLMHB Case: 1:23-cv-00247 Doc #: 1-2 Filed: 02/08/23 1 of 3. PagelD #: 25 JS44 (Rev. 3/22) CIVIL COVER SHEET Die JS 44 civil cover sheet and the infonnation contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United Slates in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS MetLife Legal Plans, Inc., Rachel Steinlage, and Vicky Bruce Feagler DePiore (b) County of Residence of First Listed Plaintiff Summit County County of Residence of First Listed Defendant (EXCEPTIN US. PLAINTIFF CASES) (IN US. PLAINTIFF CA SES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Kevin A. Buryanek and Daniel S. Dubow, The Spitz Law Suellen Oswald and Lyndsay M. Ross, Jackson Lewis P.C., Firm LLC, 25825 Science Park Drive, Suite 200, 6100 Oak Tree Blvd., Suite 400, Cleveland, OH 44131, Beachwood. OH 44122. (2161291-4744 (216) 750-0404 / Michael Chesnev. Frantz Ward LLP, 200 II. BASIS OF JURISDICTION (Place an "X"in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (P/^™ viMn One Boxfor Plaintiff ' (For Diversity Cases Only) and One Boxfor Defendant) 1 U.S, Government 03 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State l 1 Incorporated or Principal Place 4 4 ofBusiness In This Stale I 12 U.S, Government < Diversity Citizen of Another Slate 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship ofParties in Item III) ofBusiness In Another Slate Citizen or Subject of a 3 3 Foreign Nation Foreign Country IV. NATURE OF SUIT (P/ncean "X"in One Box Only)________________ ________________ Click here for: Nature_of_Suit_OideJ2escriBtion_s. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 1 110 Insurance PERSONAL INJURY PERSONAL INJURY ~”1625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane H 365Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability ^690 Olher 28 USC 157 3729(a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 Slate Reapportionfiint 150 Recovery of Overpayment ~1 320 Assault, Libel & Pharmaceutical INTELLECTUAL 410 Antitrust & Enforcement of Judgment Slander Personal Injury PROPERTY RIGHTS 430 Banks and BankingJ 151 Medicare Act 330 Federal Employers’ Product Liability 820 Copyrights 450 Commerce t 368 Asbestos Personal 152 Recovery of Defaulted Liability 830 Patent" 460 Deportation Student Loans 340 Marine Injury Product 835 Patent Abbreviated 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability New Drug Application Corrupt OrganizadpAs 1 1153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR L 840 Trademark n 480 Consumer Credit L* of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud _ 1710 Fair Labor Standards 1 I 880 Defend Trade Secrets (15 USC 1681 or M92) 160 Stockholders' Suits 355 Motor Vehicle 371 Truth in Lending Act Act of 2016 | 485 Telephone Consumer 190 Olher Contract Produ