JENNINGS v. USA, No. 1:2014cv00132 - Document 28 (Fed. Cl. 2016)
Court Description: REPORTED OPINION AND ORDER Denying 10 the Government's June 19, 2014 Partial Motion To Dismiss; Denying 22 the Government's November 13, 2015 Motion For Summary Judgment; and Ordering the Government to Show Cause. The Hearing on the Sh ow Cause Order will be held on 7/8/2016 at 1:30 pm EST at the United States Court of Federal Claims.. Signed by Judge Susan G. Braden. (Attachments: # 1 Exhibit Court Exhibit A, # 2 Exhibit Court Exhibit B)(ej) Copy to parties. Modified on 5/26/2016 - corrections to pdfs (jt1).
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JENNINGS v. USA Doc. 28 Att. 1 Court Exhibit A ja_simpsonlaw@sbcglobal.net This e-mail message may contain privileged, confidential and/or proprietary information of Simpson Law Firm. If you believe that it has been sent to you in error, please contact the sender immediately and delete the message including any attachments, without copying, using, or distributing any of the information contained therein. This email message should not be interpreted to include a digital or electronic signature that can be used to authenticate an agreement, contract or other legal document, nor to reflect an intention to be bound to any legally-binding agreement or contract. From: Harris, Keith L - Memphis, TN [mailto:keith.l.harris@usps.gov] Sent: Wednesday, February 06, 2013 2:16 PM To: Jimmy Simpson Subject: RE: Tabetha Jennings Thank you Jimmy Keith Harris C.P.M. Southern TCMT 901-747-7309 From: Jimmy Simpson [mailto:ja_simpsonlaw@sbcglobal.net] Sent: Wednesday, February 06, 2013 2:14 PM To: Harris, Keith L - Memphis, TN Subject: Tabetha Jennings Keith Here is Tabetha’s response. Was sent to me January 25, 2012. Subject: HCR 726A1 response to denial of access to mails and postal facilities - Tabetha Jennings I would like to take the oppertunity to explain my side to my alleged conducting myself in an unprofessional manner and disrupting the mail processing operations at the Leslie Post Office on January 18, 2013. This all started December 10, 2012 when the Post Master at Timbo Post Office elected to send one package to Onia Post Office to go out in said office's dispatch, because there were a lot of oversized packages that day. That one package would not fit in my 2008 Jeep Wrangler. Instead of me making an extra trip and costing the Postal Service money it made sense to send the one package to another office. The dispatch for Onia goes to Marshall Post Office were Elora Goshe is post master. Elora Goshe from that point had me call her on December 13, 2012. Elora Goshe informed me that she had measured her Jeep and she only had 84 cubic feet and my contract calls for me to have 90 cubic feet ( Elora's Jeep is a TJ which is older, shorter, and narrower than my JK). Elora told me I would not be paid for extra trips with this vehicle, I informed her it had been measured when I bought it by the Leslie post master and I would be getting paid. Elora proceeded to tell me she was going to write me up for failure to pick up all the mail on December 10, 2012. I told her to write me up then and hung up. I then called Memphis and was told I could get a vehicle inspection and if I Dockets.Justia.com was written up I would have a chance to respond. I was told by Memphis that did not make me a bad carrier and not to worry about it. I also called Elora's supervisor Mark Merrit he told me that I could not be written up for something that the Timbo Post Master had approved, and if my vehicle was not the 90 cubic feet then it could be as simple as having my contract changed to what my Jeep compacity is if it was the 84 like Elora thought. I have measured and it is 92 cubic feet. On December 20, 2012 Elora came to Timbo Post Office again my vehicle size was an issue she threatened me on several different things, then she left and came back. Elora conducted her business with me from the lobby talking over the counter in front of Post Master Jenelle Passmore and carrier Dianne Balentine. Elora ordered Janelle Passmore to go look and see if my front seat was in my Jeep. Then she threatened to terminate my contract for having my front passenger seat in. Keep in mind I have had no problem hauling the all the mail and was not claiming an extra trip but still she had a problem with my vehicle size. There is also another Jeep same as mine just a different color contracted out of Leslie with the same 90 cubic feet requirement as myself and she has no fault with it. Again I called her supervisor Mark Merrit and asked if he would do something about her. It was Christmas one of our bussiest times of the year stressful enough without her adding to it. January 14,2013 I returned to Leslie Post Office after delivering mail the PMR Dylan Pinson informs me Elora said I have to be at Leslie at 7:30 am from now on. My contract time is 8:00 am. I inform him and the Timbo Post Master that there is no way I can make it at an earlier time, I have a child I have to get to school and would need proper time to make arrangements. January 15,2013 I arrive at Leslie Post Office at 8:00 am and Elora is waiting on me. Elora calls me outside and proceeds to chew me out for not coming in at 7:30 am she had given me a direct order. I tried to explain to her that I had a child to get to school and could not make arrangements in less than 24 hrs for him. She informed me it was my responsibility to be there when she said or have someone come in for me. I told her my contract said 8:00 and I was there at said time. She threatened me with a vehicle inspection. I told her ok I was driving my back up vehicle my Jeep was in the shop getting a transmission put in. Then she asked for my badge I had left it at home that day. Elora told me I was a bad carrier and she should dock my pay. I guess I smiled or something cause she asked me what I thought was funny and lets just go ahead with that vehicle inspection so I said ok. She inspected my vehicle my door handle was loose but it still locks. She told me I had to get it fixed if I was going to drive it. She then told me to clean up my case today when I got in and to clean my case at Timbo they were a mess. My case at Leslie and Timbo was fine even the Timbo Post Master said she saw nothing wrong with my case at her office. I called Memphis about this incident. I was told my contract had not changed and I had to be there at 8:00 am, also no one could turn on a dime and to explain to Elora I needed proper time to prepare. I told Memphis that I had tried and she was harassing me, and that I was at the point of calling an attorney about this harassment. I explained how I had the same vehicle as another carrier with the same requirements and she had no problem with theirs and that no one else had a vehicle inspection that she had personally singled me out. Nothing was done about Elora. On January 18,2013 I arrive at Leslie at 8:00 am load and case mail to start my work day. PMR Dylan Pinson tells me Elora needs a copy of my insurance, I have never had to give my insurance to anyone except Memphis. I told him I would fax it to Memphis. Elora wanted to talk to me on the phone I refused to talk to her and continued doing my job. Dylan said for me not to leave :Leslie Elora was on her way I told Dylan I was going to go to do my route and take mail to Timbo that I did not want to delay the mail nor have a confrontation with Elora. I was tired of her singling me out, bullying and harassing me, and it was just me, Dylan said he knew it was just me but she said for me to stay. I went ahead and left to do my job. Elora called Timbo told them to lock me out and not let me in and if I tried to get in to call the cops. When I got to Timbo I had a deputy there for a witness and my safety. I showed the deputy my insurance at that time Mario Taylor was on the phone I talked to him he told me to show Elora my insurance. I went to show her I grabbed the wrong card. She said it was expired I went to take it from her hand and she drew it to her and said no I am making a copy of this.... At this point my nerves are shot. I go to get the right card I can not find it later I discovered I had droped it between my seat and the console but with the stress of the situation I just couldnt see it. I go in to the post office and start to help sort mail, Elora ask me if I have her personal cell phone number I tell her I do not. She writes it on a piece of paper and tells me here is my number in case you want to talk to me about anything later today. Elora then tells me to do what I need to do and leaves. Elora then returns and Mario Taylor either calls or she calls him and I am to talk to him on the phone. Mario Tayor informs me I am suspended and to turn in my badge and leave the post office so I did. I feel Elora Goshe has personally singled me out and she is veneful and vindictive toward because other carriers have the same vehicle as me yet she finds no fault. There are other carriers that have never been issued a badge and she has no problem with them yet I forget mine one day and I am in trouble. Other carriers have major cosmetic defects with their vehicle yet she says nothing to them. She tried to deviate from my contract without proper notice or procedure and then threatened me for not doing it, when I have a child to get to school. I have delivered mail for 7 years and never been even written up. I do my job to the best of my ability, I do not miss and have had no problems until Elora Goshe. I ask that you consider all of this when making your decision. I feel Elora Goshe is the one trying to disrupt the mail processing operations and acting in an unprofessional manner at Leslie Post Office and Timbo Post Office on all dates above. Thank you , Tabetha Jennings James A. Simpson, Jr Simpson, Simpson &Mercer (501) 279-9292 (O) (501) 279-0808 (F) ja simpsonlaw@sbcglobal.net
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