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Potts v. Postal Trucking Co.

Court's Denial of Sanctions Over Gun on Desk at Time Plaintiff Was Fired Is Explained

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MEMORANDUM & ORDER

*1 Before the Court is Plaintiffs’ motion for sanctions against Defendants pursuant to the Court’s inherent power for allegedly intimidating, threatening and harassing behavior. For the reasons stated herein, the Court denies Plaintiff’s motion.I. FACTS RELATING TO SANCTIONS MOTIONAccording to Plaintiffs’ motion, ECF No. 25, Plaintiff Brian Clarke was called into an office with Jamie Finkle and Defendant Clifton Finkle, the principals of Defendant Postal Trucking Company on November 9, 2017. Plaintiff Billy Potts accompanied him to the meeting with the Messrs. Finkle but was denied entry into the office. Mr. Clarke entered the office, whereupon the door behind him was shut and locked. There was a handgun on the desk. Mr. Jamie Finkle sat across from Mr. Clarke, while Mr. Clifton Finkle stood next to Mr. Clarke. Although the Messrs. Finkle did not make any verbal threats or references to the handgun, Mr. Clarke felt that the presence of the gun on the table and Mr. Clifton Finkle’s stance were meant to and did, threaten, frighten and intimidate him. Mr. Clarke was then fired. ECF No. 25.At an emergency status conference, the Messrs. Finkle offered additional facts in response to Plaintiffs’ recitation of the facts and claimed, inter alia, that while there was a gun on

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