UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

MAURIE MOORE, )

)

Plaintiff, )

)

v. ) Civil Case No.: 4:22-cv-00201-Y

)

CARVANA )

)

Defendant. )

APPENDIX IN SUPPORT OF PLAINTIFF'S RESPONSE IN OPPOSITION TO 

DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 

Pages Description

1 December 1, 2022 Email thread Re: Discovery Extension

2-3 December 13, 2022 Email thread Re: Discovery deficiencies 

4 December 19, 2022 Email thread Re: Discovery deficiencies; Defendant’s counsel 

response

Date: January 27, 2023

Respectfully submitted,

/s/ Eric Rogers

Eric D. Rogers

Lisa Scheibly

Eric.rogers@spielbergerlawgroup.com

Lisa.Scheibly@spielbergerlawgroup.com

SPIELBERGER LAW GROUP

4890 W. Kennedy Blvd., Suite 950

Tampa, Florida 33609

Attorney for Plaintiff

Case 4:22-cv-00201-Y Document 23 Filed 01/27/23 Page 1 of 6 PageID 100
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 27th day of January 2023, a true and correct copy of the 

foregoing has been filed with the Court using the Court’s CM/ECF system which provided notice 

to all parties of record:

Kimberly R. Miers

Texas State Bar No. 24041482

kmiers@littler.com

LITTLER MENDELSON

A PROFESSIONAL CORPORATION

2001 Ross Avenue

Suite 1500, Lock Box 116

Dallas, Texas 75201

214.880.8100 (Telephone)

214.880.0181 (Facsimile)

Emily R. Linn

Texas State Bar No. 24109478

LITTLER MENDELSON

A PROFESSIONAL CORPORATION

100 Congress Avenue, Suite 1400

Austin, Texas 78701

512.924.7087 (Telephone)

512.532.6501 (Facsimile)

Attorneys for Defendant 

Case 4:22-cv-00201-Y Document 23 Filed 01/27/23 Page 2 of 6 PageID 101
From: Lisa Scheibly<lisa.scheibly@spielbergerlawgroup.com>

Sent: Thursday, December 1, 2022 1:34 PM

To: 'Linn, Emily' <ELinn@littler.com>; Eric Rogers<eric.rogers@spielbergerlawgroup.com>; Robyn 

Riddell<robyn.riddell@spielbergerlawgroup.com>

Cc: 'Miers, Kim Rives' <KMiers@littler.com>; 'Mendoza, Sandra'<SMendoza@littler.com>

Subject: RE: Carvana/Moore -- Defendant's Responses to Plaintiff's First Set of Discovery

Emily,

It was nice speaking with you earlier.

As we discussed, no objections to the one-week discovery extension rendering Defendant’s 

responses due December 9, 2022. Please note however, we will not make our final determinations 

about who we wish to depose, outside of the 30(b)(6) representative, until after reviewing

Defendant’s production.

Regarding the 30(b)(6) deposition we will plan to take the deposition remotely. Thus, please provide 

availability for the first two weeks of January 2023, I don’t imagine the deposition will run more than 

4 hours.

For Ms. Moore’s deposition, Ms. Moore is available the first two weeks of January 2023. Due to travel 

constraints, we would prefer to have Ms. Moore’s deposition taken on a Monday or Friday; Jan 6, 9, 13, or even 

the16th. Please let me know what dates would work on your end.

Lisa

From: Linn, Emily <ELinn@littler.com>

Sent: Thursday, December 1, 2022 10:48 AM

To: Lisa Scheibly <lisa.scheibly@spielbergerlawgroup.com>;Eric Rogers 

<eric.rogers@spielbergerlawgroup.com>;Robyn Riddell <robyn.riddell@spielbergerlawgroup.com> 

Cc: Miers, Kim Rives <KMiers@littler.com>;Mendoza, Sandra <SMendoza@littler.com> 

Subject: Carvana/Moore -- Defendant's Responses to Plaintiff's First Setof Discovery

Good orning Lisa,

Defendant Carvana’s responses to your first set of discovery are due tomorrow, December 2. Would you agree 

to a one-week extension of our responsive deadline to Friday, December 9?

Thanks,

1

Case 4:22-cv-00201-Y Document 23 Filed 01/27/23 Page 3 of 6 PageID 102
On Tue, Dec 13, 2022 at 12:21 PM <lisa.scheibly@spielbergerlawgroup.com> wrote: 

Emily, 

As a follow up to our conversation yesterday afternoon, please see my proposed revisions.

Proposed Edits to Interrogatory 3: Identify by providing full name, job title(s), age at the time of termination, and 

dates of employment for all female employees in Defendant’s employ from November 2017 – November 2019 

who worked at Defendant’s 1123 Cantrell Sansom Road, Blue Mound, Texas 76131 location who worked as an 

Inventory Associate 1 in the Detail or Inventory department.

- As we discussed, Defendant’s size alone is not an objection that requires Plaintiff to limit her interrogatory under

the Federal Rules. Furthermore, limiting production simply to Plaintiff’s shift, one of three shifts, is akin to

providing one-third of the information. Plaintiff is entitled to information across all three shifts.

Proposed Edits to Interrogatory 6: Identify the individual(s) who have held Plaintiff’s position(s) or the equivalent 

between October 2019 – October 2021, at Defendant’s1123 Cantrell Sansom Road, Blue Mound, Texas 76131 

location; including that individual’s full name, gender, job title(s), and dates each so identified individual held that 

position.

- Plaintiff is entitled to information about who filled her position following her separation. Furthermore and as

discussed, Plaintiff does not believe that an objection as to the interrogatory not being limited to employees who

have personal knowledge of facts relevant to the claims and defenses at issue in this lawsuit is appropriate.

Proposed Edits to Interrogatory 21: Identify all female employees under Marvin Gray’s direct supervision or who 

reported to Mr. Gray from November 2017 to Mr. Gray’s separation from Defendant. Include all employees so 

identified dates of employment.

- In a good faith effort to confer, Plaintiff has limited the data points she is requesting.

Assuming Defendant is agreeable to the above, please have responsive production to our office by close 

of business this Friday, December 16, 2022. 

Also as we discussed, please provide Cheyenne Fakas’ last known contact information.

Finally, I look forward to receiving the proposed joint motion for extension of time.

Regards,

Lisa

Lisa Scheibly

Attorney

Only Licensed in FL, MA, IL

Address: 4890 W. Kennedy Blvd. Ste. 950 | Tampa, FL 33609

Tel. (800) 965-1570 Ext. 157

Fax: (866) 580-7499

Email: lisa.scheibly@spielbergerlawgroup.com

This correspondence may contain information that is confidential, proprietary or & non-public personal information, as that 

term is defined in the Gramm-Leach-Bliley Act (collectively, Confidential Information). The Confidential Information is 

disclosed conditioned upon your agreement that you will treat all Confidential Information confidentially and in compliance 

2

Case 4:22-cv-00201-Y Document 23 Filed 01/27/23 Page 4 of 6 PageID 103
with applicable law, ensure that such information is not used or disclosed except for the limited purpose for which it is 

being provided and will notify and cooperate with Spielberger Law Group, LLC. regarding any requested disclosure or any 

unauthorized disclosure or use of any Confidential Information. By accepting and reviewing the Confidential Information 

you agree to indemnify Spielberger Law Group, LLC. against any losses or expenses, including attorney's fees that 

Spielberger Law Group, LLC. may incur as a result of any unauthorized use or disclosure of the Confidential Information 

due to your acts or omissions. If this correspondence is received by a party other than the intended recipient, you are 

requested to immediately notify us of the erroneous delivery and return to us all information so delivered immediately.

3

Case 4:22-cv-00201-Y Document 23 Filed 01/27/23 Page 5 of 6 PageID 104
From: Linn, Emily <ELinn@littler.com> 

Sent: Monday, December 19, 2022 5:13 PM

To: Lisa Scheibly <lisa.scheibly@spielbergerlawgroup.com>

Cc: Miers, Kim Rives <KMiers@littler.com>; Robyn Riddell <robyn.riddell@spielbergerlawgroup.com>; 

Mendoza, Sandra <SMendoza@littler.com>

Subject: RE: Moore v. Carvana, Follow-up to Conferral on Discovery Matters (CLID: 1907203006, Moore, 

Maurie)

Hi Lisa, 

As a follow-up to our ongoing discovery discussion, below are our responses for the three outstanding 

interrogatory requests: 

For Interrogatory No. 3, Defendant continues to believe that a list of all females at Defendant’s Blue 

facility who held Inventory I, Associate Detail or Photobooth positions from Nov. 2017 to Nov. 2019 is 

overly broad, unduly burdensome and not likely to lead to the discovery of relevant 

information. Because Plaintiff is not willing to narrow the request, Defendant stands on its objections 

and will not produce the requested list. 

For Interrogatory No. 6, Defendant will produce a list of individuals who were placed in Plaintiff’s last 

known position (i.e., Inventory Associate I, Photobooth, Second Shift) for four weeks following her 

constructive discharge on November 19, 2019. 

For Interrogatory No. 21, Defendant will produce a list of individuals who Marvin Gray oversaw as Line 

Lead in the Detail Department, Second Shift from January 1, 2019 to July 22, 2019. 

Defendant is currently pulling this information, and will have an update for you on the status of 

gathering this information by end of day tomorrow, December 20. 

Thanks, 

Emily 

Emily Linn 

Attorney at Law

512.982.7249 direct, 512.765.0927 mobile, 512.692.1845 fax

ELinn@littler.com

Pronouns: She/Her

Labor & Employment Law Solutions | Local Everywhere

100 Congress Avenue, Suite 1400, Austin, TX 78701

4

Case 4:22-cv-00201-Y Document 23 Filed 01/27/23 Page 6 of 6 PageID 105