Case 1:13-cv Doc #1 Filed 02/28/13 Page 1 of 5 Page ID#1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

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1 Case 1:13-cv Doc #1 Filed 02/28/13 Page 1 of 5 Page ID#1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DR. BERNARD TAYLOR, Plaintiff, HON. v CASE NO. GRAND RAPIDS PUBLIC SCHOOL DISTRICT, Defendants. Katherine Smith Kennedy (P54881) Pinsky, Smith, Fayette & Kennedy, Llp Attorneys for Plaintiff 805 McKay Tower 146 Monroe Center Street NW Grand Rapids, MI COMPLAINT AND JURY DEMAND NOW COMES Plaintiff, Dr. Bernard Taylor, by and through his attorneys Pinsky, Smith, Fayette & Kennedy, LLP, and states as his Complaint as follows: 1. Plaintiff is a citizen of the State of Louisiana, City of Baton Rouge, East Baton Rouge Parish.

2 Case 1:13-cv Doc #1 Filed 02/28/13 Page 2 of 5 Page ID#2 2. Defendant Grand Rapids Public School District (hereinafter sometimes referred to as The District or GRPSD ) and the Board of Education of the Grand Rapids Public Schools, is a school district existing pursuant to Public Act 451 of 1976, as amended, the same commonly known as the School Code of 1976, and doing business in Kent County, Michigan. 3. The majority of events giving rise to this action took place in Kent County, Michigan. 4. The amount in controversy is within the jurisdiction of this Court as Plaintiff claims damages in excess of $75, Jurisdiction is proper for diversity purposes under this Court s diversity jurisdiction, 28 U.S.C Factual Allegations. 6. Plaintiff incorporates paragraphs 1-5 as though set forth herein. 7. Plaintiff Dr. Bernard Taylor was an employee of Grand Rapids Public School District and Superintendent of the District from 2006 through June The parties negotiated an original employment contract for Plaintiff and entered into it on April 17, On January 4, 2010, the parties entered into a second employment agreement effective July 2009, and -2-

3 Case 1:13-cv Doc #1 Filed 02/28/13 Page 3 of 5 Page ID#3 up to and including June 30, (Attached as Exhibit A). The language provided that... on or after April 1, 2010 that provided Superintendent has received a satisfactory evaluation, the contract would be extended an additional year. The language stated the same for on or after April 1, The District extended the Employment Contract for Dr. Taylor after April In June 2011, the Board chose not to extend the Employment Contract, and instead entered into a Severance Agreement with Plaintiff (Attached as Exhibit B). This Severance Agreement provided that Plaintiff would be employed until June 30, 2011, but that the Board retained the option to take him off active status for the second semester of the year. (Exhibit B, paragraph 2(e). 11. Plaintiff Taylor continued in his duties and responsibilities as Superintendent until December 2011, when the Board exercised their right under the Severance Agreement, to take him off active duty. Plaintiff Taylor, without issue and with complete cooperation, accepted this and left his duties and responsibilities as Superintendent of the Grand Rapids Public School District. 12. In consideration for Plaintiff entering into the Severance Agreement with Defendant, Plaintiff waived all claims and rights against the -3-

4 Case 1:13-cv Doc #1 Filed 02/28/13 Page 4 of 5 Page ID#4 District, and was then entitled to receive,...a lump sum severance payment equal to eighteen (18) months salary at the salary rate, covering the period July 1, 2012 to December 31, 2013, or approximately $330, The District has refused to pay any or all of this amount citing claims of misconduct and/or mismanagement during Plaintiff Taylor s active service. Such reasons are false, exaggerated, defamatory, and/or known at the time of entering into the Severance agreement. 14. Further such reasons are irrelevant to the compensation that was to be paid to Plaintiff under the Severance Agreement entered in by the parties in June COUNT I BREACH OF CONTRACT 15. Plaintiff incorporates paragraphs 1-14 as though set forth herein. 16. Based on the foregoing, Defendant breached the Severance Agreement of June 30, 2011 with Plaintiff by failing to pay the monies specified therein, and is therefore liable in damages to Plaintiff in the amount of $330,

5 Case 1:13-cv Doc #1 Filed 02/28/13 Page 5 of 5 Page ID#5 WHEREFORE, Plaintiff requests this Court to: (a) Award to Plaintiff the amount of $330,600; (d) (e) Award to Plaintiff his costs, disbursements, and reasonable attorney fees; and Award to Plaintiff such other relief as the Court deems just and equitable. Dated: February 28, 2013 PINSKY, SMITH, FAYETTE & KENNEDY, LLP Attorneys for Plaintiff By: /s/ Katherine Smith Kennedy Katherine Smith Kennedy (P54881) Business Address and Telephone Number: kskennedy@sbcglobal.net 146 Monroe Center, NW, Suite 805 Grand Rapids, MI (616) JURY DEMAND NOW COMES Plaintiff, by and through his attorneys, Pinsky, Smith, Fayette & Kennedy, LLP, and hereby demands a trial by jury of the entitled matter. Dated: February 28, 2013 PINSKY, SMITH, FAYETTE & KENNEDY, LLP Attorneys for Plaintiff By: /s/ Katherine Smith Kennedy Katherine Smith Kennedy (P54881) Business Address and Telephone Number: kskennedy@sbcglobal.net 146 Monroe Center, NW, Suite 1515 Grand Rapids, MI (616)

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