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Harris v. Copart, Inc.

United States District Court, N.D. Texas, Dallas Division

December 21, 2017

TYRONE HARRIS, Plaintiff,
v.
COPART, INC., Defendant.

          MEMORANDUM OPINION AND ORDER

          DAVID L. HORAN UNITED STATES MAGISTRATE JUDGE

         Defendant Copart, Inc. has filed a Motion to Compel Deposition of Plaintiff Tyrone Harris. See Dkt. No. 30 (the “MTC”). United States District Judge Sidney A. Fitzwater has referred the MTC to the undersigned United States magistrate judge for a hearing, if necessary, and for determination under 28 U.S.C. § 636. See Dkt. No. 31.

         The Court held a telephonic oral argument on the MTC on December 21, 2017, in which Mr. Harris and Copart's counsel participated. See Dkt. No. 32.

         For the reasons and to the extent explained below, the Court GRANTS Defendant Copart, Inc.'s Motion to Compel Deposition of Plaintiff Tyrone Harris [Dkt. No. 30].

         Background

         The pertinent factual background is familiar to the parties, but the Court will recount the procedural history as Copart summarized it:

1. Plaintiff's original Complaint was filed with the court (pro se) on November 22, 2016 (DKT. 9).
2. Plaintiff filed an Amended Complaint for employment discrimination (pro se) on January 27, 2017 (DKT. 11).
3. On March 30, 2017, Garrick A. Farria, Esq. filed an appearance of counsel on behalf of Plaintiff Tyrone Harris (DKT. 19).
4. On April 24, 2017, the Court entered a Scheduling Order for this case (DKT. 23). Pursuant to the Scheduling Order, the Parties were ordered to complete discovery by no later than December 15, 2017, and file a motion for summary judgment, if any, no later than January 19, 2018.
5. On or about May 12, 2017, Garrick A. Farria, Esq. filed Plaintiff's Attorney's Motion to Seek Leave to Withdraw as Counsel of Record (DKT. 25).
6. On June 14, 2017, the Court granted Plaintiff's Attorney's Motion to Seek Leave to Withdraw as Counsel of Record (DKT. 28). In this same Order, the Court acknowledged that Plaintiff was once again proceeding in the case pro se.
7. On December 6, 2017, Defendant served Defendant's Notice of Deposition of Plaintiff Tyrone Harris on Plaintiff (See pages 1-3 of the Appendix of Evidence in Support of Defendant's Motion to Compel (“APP.”), which has been filed concurrently herewith).
8. On Monday, December 11, 2017, at 6:59 p.m., Plaintiff acknowledged via email that he had received the Notice of Deposition on December 7, 2017. (App. pg. 6). However, in this same email, Mr. Harris stated “I'm going to need to reschedule the date and time [of his ...

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