IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION 

JASON WALTERS 

Plaintiff 

 

vs. CIVIL ACTION 3:22-cv-01840-C

 JURY REQUESTED

EXEL, INC. D/B/A 

DHL SUPPLY CHAIN

Defendant

PLAINTIFF’S REPLY TO DEFENDANT’S MOTION TO STAY PROCEEDINGS

TO THE HONORABLE UNITED STATES DISTRICT COURT: 

COMES NOW Plaintiff, in the above entitled and numbered cause, and respectfully

 requests that this Honorable Court Deny Defendant’s Motion to Stay Proceedings, and would

 show the court as follows:

I.

Plaintiff would request that this court take Judicial Notice of the Court’s file. The

record reveals that Plaintiff’s lawsuit was filed on August 19, 2022. (Doc. No. 1 ). Thereafter

pursuant to this Court’s Scheduling Order, dated November 1, 2022 (Doc. No. . 16), which said

docket control order was later modified by this Court’s on June 14, 2023, Order (Doc. No. 41).

II.

Rul;e 16(b)(4) of the Federal Rules of Civil Procedure provide that a scheduling order

may be modified only for good cause and with the judge’s consent. The court in Andrews vc.

Rosewood Hotels & Resorts, LLC, (No. 3-19-cv-01374-L (N.D. Tex. Oct. 8, 2021) stated:

A scheduling order "may be modified only for good cause and with the judge's consent."

Fed. R. Civ. P. 16(b)(4). The good cause standard requires the "party seeking relief to

PLAINTIFF’S RESPONSE TO STAY PROCEEDINGS BY THE DEFENDANT, PAGE 1

Case 3:22-cv-01840-K Document 72 Filed 07/26/24 Page 1 of 4 PageID 1300
show that the deadlines [could not] reasonably [have been] met despite the diligence of

the party needing the extension." S & W Enters., 315 F.3d at 535 (citation omitted). "Only

upon the movant's demonstration of good cause to modify the scheduling order will the

more liberal standard of Rule 15(a) apply to the district court's decision to grant or deny

leave." Id. at 536. In deciding whether to allow an untimely amendment, a court considers

"(1) the explanation for the failure to timely move for leave to amend; (2) the importance

of the amendment; (3) potential prejudice in allowing the amendment; and (4) the

availability of a continuance to cure such prejudice." Id. at 536 (internal quotation marks,

brackets, and citations omitted). "The good cause standard focuses on the diligence of the

party seeking a modification of the scheduling order." E.E.O.C. v. Serv. Temps, Inc.,

3:08-CV-1552-D, 2009 WL 3294863, at *2 (N.D. Tex. Oct. 13, 2009), aff'd, 679 F.3d

323 (5th Cir. 2012)

III.

The Defendant appears to create a further delay in this case, despite the fact that

Defendant has been aware since June 14, 2023 of the new scheduling order.

IV..

Defendant’s entire premise is that the court will grant its motion for summary judgment;

however a closer review of the current summary judgment evidence before the court revels the

following:

(a) In the appendix in support of Plaintiff’s response to Defendant’s Motion for Summary

Judgment are Tabs 1-24, all of which that show there are questions of fact to be decided by the

trier of fact, and summary judgment should not be granted. They are as follow:

1 Photograph of Plaintiff at work............................................... 001-010

2 Eartis Shaw in control............................................................. 011-025

3 End of Shift reports submitted by Plaintiff............................ 026-036

4 Adam Elliott no grace period................................................ 037

5 Plaintiff not aware of grace period...................................... 038

6 Excerpts from deposition of John Dobbins....................... 039-047

PLAINTIFF’S RESPONSE TO STAY PROCEEDINGS BY THE DEFENDANT, PAGE 2

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7 Excerpts from deposition of Adam Elliott......................... 048-051

8 Excerpts from deposition of Eartis Shaw......................... 052-054

9 Excerpts from deposition of Deneill Hooper.................... 055-059

10 Excerpts from deposition of Tammy Williams................... 060-062

11 Excerpts from deposition of Mickey Moza....................... 063-090

12 Lack of signature of Plaintiff on correction action form........ 091

13 Determination from Texas Workforce Commission................. 092

14 Letter to Defendant.................................................................. 093-098

15 Discovery requests................................................................ 099-110

16 declaration of Jason Walters............................................... 111-115

17 Mickey I’m trying to figure out when my health and dental insurance expire,

3/21/22............................................................................................ 116

18 I really am taken by supriseectgst direct questions could not be answered, 3/28/22......... 117

19 corrective action form not signed ..................................118

20 definitely send Mickey email, one of biggest racist ever worked with................................ 119

21 declaration of Jason Walters.............................................. 120-128

22 declaration of Bennille Shelby.............................................. 129-130

23 Dismissal and notice of right to sue letter from EEOC.............. 131-134

24 List of employees terminated and ages ......................................135

There is certainly summary judgment evidence to be decided by the trier of fact.

This Court has heretofore set a scheduling order, in which certain requirement are to be

completed by certain dates. Plaintiff is attempting to comply with said order, and simply request

PLAINTIFF’S RESPONSE TO STAY PROCEEDINGS BY THE DEFENDANT, PAGE 3

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that Defendant’s Motion to Stay Proceedings be denied.

WHEREFORE PREMISES CONSIDERED, Plaintiff Jason Walters prays that, the Court

deny Defendants’ Motion to Stay Proceedingy, and that Plaintiff have such other and further

relief to which he may show himself justly entitled, whether at law or in equity

Respectfully submitted

_/S/________________

 Bob Whitehurst

State Bar No. 21358100

Bob Whitehurst

5380 Old Bullard Road

 Suite 600, #363

Tyler, Texas 75703

(903)593-5588

(214)853-9382

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing instrument was

served upon the attorney's of record in accordance with the applicable Rules of Civil Procedure

on this 26th day of July, 2024

Bob Whitehurst

Bob Whitehurst

Annie Lau

Texas Bar No. 24057723

FISHER & PHILLIPS LLP

500 Crescent Court, Suite 300

Dallas, Texas 75201

Telephone: (214) 220-9100

Facsimile: (214) 220-9122

alau@fisherphillips.com

PLAINTIFF’S RESPONSE TO STAY PROCEEDINGS BY THE DEFENDANT, PAGE 4

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