On Dec. 9, 2011, plaintiff Fernando Vallin, 25, an openly gay man, was terminated from his position as an order entry supervisor for ESP Computer Services Inc., a magazine fulfillment company. Vallin claimed that manager Juanita Barnes-Burton made inappropriate sexual orientation comments to him and others and that he was retaliated against and terminated based upon his sexual orientation and other protected activities. Vallin sued ESP Computer Services Inc. and Barnes-Burton. Defense counsel contended that the company of ESP Computer Services, and the subject workplace, were extremely diverse and that Vallin was a good worker, but that Vallin was admonished on several occasions for excessive socializing. Specifically, counsel contended that Vallin was terminated for conduct unbecoming a supervisor after Vallin sent a nonsupervisory employee a series of text messages that contained disparaging comments about manager Barnes-Burton., Vallin worked at ESP Computer Services from Sept. 8, 2009, until his termination on Dec. 9, 2011. He sought recovery of lost wages in the amount of $150,000 and an equal amount for emotional distress that he alleged the defendants inflicted on him. Vallin also sought recovery of punitive damages and attorney fees.