Page 1 of 4

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

(TEXARKANA DIVISION) 

EQUAL EMPLOYMENT OPPORTUNITY § Case No: 5:23-cv-97 

COMMISSION § 

 Plaintiff § 

 § JUDGE: ROBERT W. SCHROEDER III 

v. § 

 § 

 § 

GREGG ORR AUTO COLLECTION, INC. § 

 Defendant § 

JOINT STATUS REPORT 

 Pursuant to the Court’s February 5, 2024 Discovery Order, Plaintiff, Equal Employment 

Opportunity Commission, and Defendant, Gregg Orr Auto Collection, Inc., respectfully submit 

this Joint Status Report regarding their progress towards an e-discovery agreement. On February 

2, 2024, the parties submitted their joint proposed discovery order. See ECF No. 14-2. That 

submission stated, “[t]he parties have agreed on the format and relevant discovery period for the 

disclosures described in [the Discovery Order] . . . Defendant is completing its assessment of 

available sources of electronically-stored information (ESI).” See id. at ¶ 4. Based on that 

understanding, the parties agreed to continue working towards a comprehensive e-discovery 

agreement. 

The parties’ agreement regarding the format of production occurred on February 2, 2024, 

when Defendant’s counsel confirmed that Defendant agreed to comply with a set of production 

specifications the Commission had previously provided. The specifications address common 

issues such as the preservation and production of metadata. On February 17, 2024, after continued 

conferral regarding e-discovery issues, the Commission sent Defendant a proposed ESI protocol 

that incorporated the agreed production specifications. Defendant’s counsel responded to the 

Case 5:23-cv-00097-RWS Document 25 Filed 03/01/24 Page 1 of 4 PageID #: 99
Page 2 of 4

Commission’s proposal on February 29, 2024. Defendant’s response eliminated the previously 

agreed production specifications due to initial miscommunications from Defendant to its counsel. 

The Commission has advised Defendant that this reversal is not acceptable. 

The parties will attend mediation before Magistrate Judge Baxter on Tuesday, March 5, 

2024. Therefore, the parties respectfully request an extension of the deadline to submit a proposed 

e-discovery agreement for the Court’s consideration until March 15, 2024. The parties agree that 

this shall be the final request for an extension of this deadline. If the parties are at impasse on any 

issues on March 15, 2024, the parties shall make a joint submission that memorializes areas of 

agreement and presents the parties’ respective positions on any remaining disputes. 

Respectfully submitted, 

/s/ Louise Tausch 

 LOUISE TAUSCH 

 Texas State Bar No. 19680600 

 Arkansas State Bar No. 86212 

 Email: ltausch@arwhlaw.com 

 

ATCHLEY, RUSSELL, WALDROP 

 & HLAVINKA, L.L.P. 

 1730 Galleria Oaks Drive 

 Texarkana, Texas 75503 

 TEL: 903/792-8246; FAX: 903/792-5801 

 

ATTORNEYS FOR DEFENDANT,

GREGG ORR AUTO COLLECTIONS, INC. 

 AND 

Marsha L. Rucker (PA Bar No. 90041) 

Regional Attorney 

Email: marsha.rucker@eeoc.gov

TEL: 205-651-7045; FAX: 205-212-2105 

Bryan A. Grayson (AL Bar No. ASB-8944-N65G) 

Supervisory Trial Attorney 

Case 5:23-cv-00097-RWS Document 25 Filed 03/01/24 Page 2 of 4 PageID #: 100
Page 3 of 4

Email: bryan.grayson@eeoc.gov 

TEL: 205-651-7073; FAX: 205-212-2105 

Alysia D. Franklin (CA Bar No. 264410) 

Senior Trial Attorney 

Email: alysia.franklin@eeoc.gov 

TEL: 205-651-7016; FAX: 205-212-2105 

Deborah A. Mann (AL Bar No. ASB-1264-G20C) 

Trial Attorney 

Email: deborah.mann@eeoc.gov 

TEL: 205-651-7082; FAX: 205-212-2105 

U.S. Equal Employment Opportunity Commission 

Birmingham District Office 

1130 22nd Street South, Suite 2000 

Birmingham, AL 35205 

/s/ Benjamin G. Cain 

Benjamin G. Cain (DC Bar No. 1046636) 

Trial Attorney 

Email: benjamin.g.cain@eeoc.gov 

TEL: 769-487-6907; FAX: 601-714-2202 

U.S. Equal Employment Opportunity Commission 

Jackson Area Office 

Dr. A.H. McCoy Federal Bldg. 

100 W. Capital St., Suite 338 

Jackson, MS 39269 

ATTORNEYS FOR PLAINTIFF,

U.S. EQUAL EMPLOYMENT OPPORTUNITY

Case 5:23-cv-00097-RWS Document 25 Filed 03/01/24 Page 3 of 4 PageID #: 101
Page 4 of 4

CERTIFICATE OF SERVICE 

 I hereby certify that on March 1, 2024, I filed the foregoing Joint Status Report with the 

Clerk of the Court using the CM/ECF system which will electronically send notification of the 

filing to all attorneys of record. 

/s/ Benjamin G. Cain

Benjamin G. Cain

Case 5:23-cv-00097-RWS Document 25 Filed 03/01/24 Page 4 of 4 PageID #: 102