Kerans v. Porter Paint Co., Inc.

This matter is before the Court on defendant Porter Paint Company, Inc.’s Motion to Dismiss (doc. nos. 4, 10) and on defendant Al Levine’s Motion to Dismiss or, in the alternative, Motion for Summary Judgment (doc. nos. 6, 11). Plaintiffs have brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e — 2000e-17 (Title VII), under 42 U.S.C. § 1983 and under 42 U.S.C. § 1985(3), and have asserted pendent state claims.

The plaintiffs in this action are Sally Kerans (Kerans) and her husband, Lewis Kerans. When the events giving rise to this action took place, Kerans was employed as a decorator by defendant Porter Paint Company, Inc. (Porter Paint). Porter Paint is a Kentucky corporation licensed by the state of Ohio to do business in the state. The other defendant in this action is Al Levine (Levine), the manager of Porter Paint’s store in the Kenwood area of Cincinnati, Ohio, where Kerans also worked. Kerans asserts that on September 5, 1985, while both she and Levine were at work, Levine made a series of sexual advances toward her.  To continue reading a copy of the order www.casetext.com/case/kerans-v-porter-paint-co-inc-2