3446351.1

EXHIBIT A

Case 2:17-cv-04442-SMM Document 34-1 Filed 08/30/18 Page 1 of 4
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David Potts

From: Curtis Pritchett <curt.prit@gmail.com>

Sent: Friday, August 10, 2018 5:13 AM

To: David Potts

Subject: Re: Pritchett v. Global Logistics - our motion for summary judgment

August 10, 2018

Mr. Potts,

  

Well this is a different kind of letter than I was expecting. An Initial offer letter was the Letter I was looking for!  

After reading your letter, I was having trouble recollecting me ephysizing that this was a retaliation  

Due to my injury. My words in the deposition, was that This was a wrong ful termination while on light duty under a

doctor’s care from an injury that happened at work.

The un‐ethical,  work practices was going on way before my injury . Being passed over for flight status position , work

assignments, etc.  

I cannot drop this case with prejudice.

  

Respectfully

Curtis Wayne Pritchett

On Thu, Aug 2, 2018 at 2:50 PM, David Potts <DPotts@jshfirm.com> wrote: 

Mr. Pritchett, 

 

In the Court’s Case Management Order, we are required to exchange letters regarding anticipated motions for 

summary judgment, the issues and claims on which summary judgment will be sought, and the basis for the 

motions. Rather than wait until January for this, I intend to ask the Court for leave to file our motion for 

summary judgment now. Below is our basis for that motion for summary judgment and request that you 

voluntarily dismiss this case. 

 

The only claim you have remaining in this case is for worker’s compensation retaliation. In order to prove this, 

you have to prove that you engaged in protected activity by filing a worker’s compensation claim, were 

terminated, and that there is a causal connection between the two. We agree that you filed a worker’s 

compensation claim, and we agree you were terminated, but we do not believe there is any evidence of a causal 

connection between the two. 

Case 2:17-cv-04442-SMM Document 34-1 Filed 08/30/18 Page 2 of 4
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To the contrary, your termination was the culmination of months of prior discipline. You are aware that you 

were previously disciplined for failure to show up to work on-time on March 22, 2016, May 23, 2016, and 

August 1, 2016. You were suspended from work because of these repeated issues and informed that “future 

deficiencies will result in additional discipline to include termination of employment.” All of these pre-date 

your worker’s compensation claim. 

 

Your injury occurred on August 13, 2016. After that time, though, there was no retaliation – to the contrary, 

Global Logistics offered you a light duty assignment (on September 30, 2016) that paid the same as your 

previous position. You were absent from work on occasion after that with a doctor’s note, and, to the extent that 

you had that medical authorization, that time off was granted. It is clear there was no retaliation. 

 

It was not until you failed to show up to work without approved leave on November 1, 2016 that you were 

terminated. That reason, and that reason alone, was the basis for your termination. 

Finally, it is worth noting that, in your deposition, you did not even testify that you were terminated because of 

your worker’s compensation claim. Instead, you claimed that you were terminated because of personal 

differences that you had with Russ that pre-dated your worker’s compensation injury. 

 

Because of this, you do not have a worker’s compensation retaliation claim, so your claim should be dismissed. 

I am requesting that you dismiss your claim with prejudice by August 10, 2018. If you do not do so, I am going 

to ask the Court for permission to file our Motion for Summary Judgment on this topic. 

 

Please let me know by August 10, 2018 your response, and if you have any questions, don’t hesitate to e-mail 

me. 

 

Sincerely, 

David 

 

DAVID C. POTTS | Associate

Jones, Skelton & Hochuli, P.L.C. 

40 North Central Avenue, Suite 2700 | Phoenix, Arizona 85004

P 602.263.4547 | M 480.268.6390 | F 602.200.7829 

website | bio | vCard | map | email | linkedin

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