McDonald v. Bellsouth Telecom

* Pursuant to 5TH CIR. R. 47.5, the Court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 11, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30662
Summary Calendar
EMMA W. MCDONALD,
Plaintiff-Appellant,
versus
BELLSOUTH TELECOMMUNICATIONS, INC.,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-1326
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appellant Emma McDonald brought discrimination claims
against Appellee Bellsouth Telecommunications, Inc. McDonald
filed her lawsuit on the last day before the limitations period
for her claims expired. McDonald did not have service made on
Appellee. Under threat of dismissal for failure to prosecute she
ultimately had service made. McDonald did not appear for a
noticed deposition. There were no objections filed to the

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notice. Counsel for Appellee traveled to the out of state
deposition only to be subjected to McDonald’s failure to appear.
McDonald was then ordered to appear for deposition. She did not
appear although aware of the order to appear for deposition.
McDonald now complains of the dismissal of her claim for failure
to comply with the court’s orders. We find no merit in her
claims that the district court abused its discretion in
dismissing her claims. The record reflects a willful and
intentional disregard of required appearances for depositions in
McDonald’s own lawsuit. No abuse has been shown. We find her
argument meritless and her authority inapposite. The judgment of
the district court is AFFIRMED.

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