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Coleman v. Cleveland School District Board of Education

11/4/2004



{ } In this appeal, plaintiff-appellant Kathy W. Coleman ("Coleman") appeals pro se from the judgment of the Cuyahoga County Court of Common Pleas which granted the motions for summary judgment of the defendants-appellees, the Cleveland School District Board of Education ("Cleveland Board"), East Cleveland City School District Board of Education ("East Cleveland Board"), Superintendent Elvin Jones, Director Richard Jenkins, Treasurer Barbara Henry, Alvin Fulton, Sandra Brown, Jill Gaines, Michael Tuttle, Kirk Mack, and Gregg Mossberger (collectively "the defendants"). For the following reasons, we affirm the decision of the trial court.


{ } On December 27, 2001, Coleman filed a complaint in the Cuyahoga County Court of Common Pleas alleging racial and sexual discrimination, sexual harassment, retaliation, defamation, and interference with business contract.


{ } Coleman, who is a black female, was hired by the East Cleveland Board in 1998 as a science teacher for Shaw High School. She alleged that she was the target of racially discriminatory treatment when she was relegated to a home economics classroom and a "white female substitute teacher" was given a science classroom. She also alleged that Alvin Fulton, the principal of Shaw High School, sexually harassed her and caused a hostile working environment when he propositioned her for sex and unduly monitored her. Next, she alleged that she was retaliated against by the East Cleveland Board after she complained about Fulton's advances. Specifically, she alleged that she was suspended and her teaching contract not renewed by the East Cleveland Board for the 2000-2001 school year. Finally, Coleman alleged that she was defamed by the defendants and that the non-renewal by the East Cleveland Board was the result of tortious interference with contract by the Cleveland Board, for whom she had previously worked and had engaged in litigation with. On February 19, 2002, defendants filed a joint motion for a more definite statement, which was granted by the trial court on May 28, 2002. Coleman was given until June 11, 2002 to file her more definite statement.


{ } On May 29, 2002, Coleman requested additional time to file her more definite statement, which was granted by the trial court on June 27, 2002. Coleman was given until July 5, 2002 to file her more definite statement.


{ } On July 5, 2002, Coleman requested an additional extension of time to file her more definite statement, which was denied by the trial court on July 22, 2002. The trial court also dismissed Coleman's complaint at this time.


{ } On February 27, 2003, this Court reversed the trial court's dismissal and remanded the case for further proceedings, since it was not clear whether Coleman had "received notice, actual or otherwise, that her case was to be dismissed if she failed to file a more definite statement by a date certain."


{ } On May 29, 2003, the trial court set forth the following deadlines: (1) Coleman to file her more definite statement by June 23, 2003; (2) discovery to be completed by September 27, 2003; and (3) dispositive motions to be filed by October 27, 2003.


{ } On September 27, 2003, Coleman filed her more definite statement.


{ } On August 5, 2003, defendants sent their first set of discovery requests to Coleman.


{ } On August 27, 2003, defendants requested a status conference to address discovery issues because Coleman had allegedly refused to respond to the admissions and interrogatories sent to her. On September 2, 2003, Coleman filed a motion for protective order seeking protection from defendants' discovery requests.


{ } On October 22, 2003

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