DEFENDANT’S OPPOSED MOTION TO STAY PROCEEDINGS Page 1 of 3 

FP 51583696.2

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

JASON WALTERS,

Plaintiff, 

v.

EXEL, INC. D/B/A DHL SUPPLY CHAIN,

Defendant. 

§

§

§

§

§

§

§

§

§ 

CIVIL ACTION NO. 3:22-cv-01840-K 

DEFENDANT’S EXCEL, INC. D/B/A DHL SUPPLY CHAIN’S

OPPOSED MOTION TO STAY PROCEEDINGS 

Defendant Exel Inc. d/b/a DHL Supply Chain (“Defendant” or “Exel”) files this Opposed 

Motion to Stay Proceedings (“Motion”). In support thereof, Defendant would respectfully show 

the Court as follows: 

1. Plaintiff filed a Second Amended Complaint on January 24, 2023 (Doc. 18), 

alleging claims under the Fair Labor Standards Act (“FLSA”), age discrimination under the Age 

Discrimination in Employment Act of 1967 (“ADEA”), and failure to provide a requisite COBRA 

notice. Plaintiff’s Second Amended Complaint also seeks numerous categories of damages and 

equitable relief. 

2. Defendant filed its Motion to for Summary Judgment on February 16, 2024. (Doc. 

56). Plaintiff filed a Response to Defendant’s Motion for Summary Judgment on March 5, 2024. 

(Doc. 59). 

3. On March 19, 2024, Defendant filed a Reply In Support of its Motion for Summary 

Judgment (Doc. 63), and a Motion to Strike Plaintiff’s inadmissible summary judgment evidence. 

(Doc. 61-63). Plaintiff subsequently filed a Reply Brief In Opposition to Defendant’s Motion for 

Summary Judgment on March 25, 2024 (Doc. 64), to which Defendant filed a response on April 

Case 3:22-cv-01840-K Document 71 Filed 07/24/24 Page 1 of 3 PageID 1297
DEFENDANT’S OPPOSED MOTION TO STAY PROCEEDINGS Page 2 of 3

FP 51583696.2

8, 2024 (Doc. 65), arguing Plaintiff had failed to comply with the Local Rules by requesting leave 

to file a Sur-Reply. See id. 

4. On April 15, 2024, Plaintiff filed an Opposed Motion for Leave to file a Sur-Reply 

In Opposition of Defendant’s Motion for Summary Judgement. (Doc. 66). Defendant filed a 

response to Plaintiff’s Motion for Leave on May 6, 2024. (Doc. 68). 

5. The parties must file all pretrial materials with the Court by September 16, 2024. 

(Doc. 41). A jury trial is set to begin on October 7, 2024. See id. 

6. To date, the Court has not ruled on Defendant’s Motion for Summary Judgment. 

(Doc. 56), which seeks dismissal of each of the distinct and separate claims included in Plaintiff’s 

Second Amended Complaint (Doc. 18) and, in the alternative, dismissal of certain categories of 

damages not available under the FLSA, ADEA, or COBRA. Indeed, each of the claims advanced 

by Plaintiff to some extent relies on facts, documentation, circumstances and witnesses distinct 

from each of the other claims. 

7. Defendant respectfully requests a stay of all deadlines until the Court has issued a 

ruling on Defendant’s Motion for Summary Judgment, which has the potential to dispose of all or 

some of Plaintiff’s claims and/or damages and may greatly narrow the issues for trial (Doc. 56). 

In the interest of judicial economy and in order to avoid incurring unnecessary fees and costs to 

prepare for trial, Defendant therefore requests a sixty (60) day continuance of the current trial 

setting and all pretrial deadlines. See (Doc. 56). 

8. No party will be prejudiced by this request, and this motion is not submitted or 

purposes of delay.

9. For the foregoing reasons, Defendant respectfully seeks the requested stay of the 

proceedings and a sixty (60) day continuance of trial and pretrial deadlines following the Court’s 

Case 3:22-cv-01840-K Document 71 Filed 07/24/24 Page 2 of 3 PageID 1298
DEFENDANT’S OPPOSED MOTION TO STAY PROCEEDINGS Page 3 of 3 

FP 51583696.2

ruling on Defendant’s Motion for Summary Judgment. 

Respectfully submitted,

/s/ E. Liz Drumm 

Annie Lau

Texas Bar No. 24057723 

Liz E. Drumm

Texas Bar No. 24086949 

FISHER & PHILLIPS LLP

500 Crescent Court, Suite 300 

Dallas, Texas 75201

Telephone: (214) 220-9100 

Facsimile: (214) 220-9122 

alau@fisherphillips.com 

ldrumm@fisherphillips.com 

COUNSEL FOR DEFENDANT

EXEL INC. d/b/a DHL SUPPLY CHAIN

CERTIFICATE OF CONFERENCE

I hereby certify that on July 23, 2024, I conferred with counsel for Plaintiff via email on 

the subject matter of this motion. Plaintiff’s counsel is opposed to this motion. 

/s/ E. Liz Drumm 

E. Liz Drumm

CERTIFICATE OF SERVICE

On the 24th day of July, 2024, I filed the foregoing document with the Clerk of Court for 

the United States District Court, Northern District of Texas, using the Court’s Electronic Case 

Filing system. I hereby certify that I have served the document on all counsel of record by a manner

authorized by FED. R. CIV. P. 5 (b)(2).

Bob Whitehurst 

5380 Old Bullard Road, Suite 600, #363 

Tyler, TX 75703

whitehurstlawfirm@yahoo.com 

Donald E. Uloth 

LAW OFFICE OF DONALD E. ULOTH

18208 Preston Road, Suite D-9 #261 

Dallas, TX 75252

don.uloth@uloth.pro 

/s/ E. Liz Drumm 

E. Liz Drumm

Case 3:22-cv-01840-K Document 71 Filed 07/24/24 Page 3 of 3 PageID 1299