United States District Court, N.D. Texas, Dallas Division
MEMORANDUM OPINION AND ORDER
L. HORAN UNITED STATES MAGISTRATE JUDGE
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.
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.
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].
pertinent factual background is familiar to the parties, but
the Court will recount the procedural history as Copart
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
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
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 ...