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Torts/Pers Inj: Other Personal Injury | Texas Northern
Order on Motion to Compel
ELECTRONIC ORDER denying 15 Plaintiff Suzanne Serrato's Motion to Compel the Deposition of Maria Teressa.
Federal Rule of Civil Procedure 37 does not authorize a motion to prospectively compel a a party to appear for a deposition. See MetroPCS v. Thomas, 327 F.R.D. 600, 614 (N.D. Tex. 2018).
But, even if it did, a witness who "does not qualify as an officer, director, or managing agent [of a party] is not subject to deposition by notice. Rather, the [witness] is treated as any other non-party; before being compelled to testify, he or she must be served with a subpoena pursuant to Federal Rule of Civil Procedure 45. A party need not comply with Rule 45 and issue a subpoena if a non-party will consent to having his deposition taken by notice alone. Absent such consent, however, to obtain an order compelling a non-party to appear for a deposition, the party seeking the deposition must not only notice the deposition, but must also properly serve the non-party with a deposition subpoena pursuant to Rule 45." Jackson v. Stevens Transp., Inc., No. 3:14-cv-1416-M, 2015 WL 221087, at *2 (N.D. Tex. Jan. 15, 2015) (cleaned up).
And Defendant Fiesta Mart, LLC has now confirmed that Ms. Teressa is not even one of its employees. And the Court concurs with Fiesta that it cannot be compelled to produce a witness it does not employ and cannot control.
(Ordered by Magistrate Judge David L. Horan on 8/3/2026.)
P.I.: Other | Texas Southern
Notice of Setting/Resetting (FORM, noticing) - Civil
NOTICE of Setting. Parties notified. Final Pretrial Conference set for 9/10/2026 at 02:00 PM in Courtroom 8A before Judge David Hittner, filed. (jww4)
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