1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Michelle Begay, 

Plaintiff, 

v. 

Experian Information Solutions LLC, et al., 

Defendants. 

No. CV-18-00099-TUC-RM

ORDER 

 On May 22, 2018, a telephonic Case Management Conference was held before 

Judge Márquez’s law clerk, with Susan Rotkis for Plaintiff, Charles Campbell for 

Defendant Equifax Information Services, LLC, John Neil Stewart for Defendant 

TransUnion, LLC,1

 and Jonathan Dessaules and Jennifer Chang for Defendant Experian 

Information Solutions Inc. in attendance. Prior to the Conference, the parties prepared a 

Joint Case Management Report pursuant to Rule 26(f) of the Federal Rules of Civil 

Procedure. (Doc. 21.) On the basis of the Conference and the Joint Case Management 

Report, and pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, 

 IT IS HEREBY ORDERED: 

1. Mandatory Initial Discovery Pilot Project. This case is subject to the 

Mandatory Initial Discovery Pilot Project (“MIDP”) implemented by 

General Order 17-08. The parties must comply with the requirements of 

the MIDP, and need not make the initial disclosures required by Federal 

 1

 Plaintiff and Defendant TransUnion, LLC filed a joint notice of settlement on May 17, 2018 (Doc. 20). 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 1 of 11
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Rule of Civil Procedure 26(a). If responses required by the MIDP have not 

been exchanged, they shall be exchanged by June 4, 2018. 

2. Joining Parties and Amending Pleadings. The deadline for joining parties 

and amending pleadings is June 1, 2018. Amended pleadings must comply 

with Fed. R. Civ. P. 15. 

3. Expert Disclosures. The deadline for disclosure of Plaintiff and Defendant’s 

initial expert testimony pursuant to Fed. R. Civ. P. 26(a)(2) is October 15, 

2018. Disclosure of rebuttal expert testimony shall be completed no later 

than November 15, 2019. Rebuttal experts shall be limited to responding 

to opinions stated by initial experts. 

4. Discovery. All discovery, including depositions of parties and witnesses, 

shall be completed by all parties no later than November 21, 2018. Final 

supplementation of MIDP responses must also be completed by that date.2

 

Written discovery must be served sufficiently in advance of this deadline to 

allow time for the opposing party to answer and for the requesting party to 

complete any additional discovery made necessary by the answers. 

a. Pursuant to Rule 5.2 of the Local Rules of Practice of the United 

States District Court for the District of Arizona (“LRCiv”), the 

parties shall file a Notice of Service of discovery papers with the 

Clerk of the Court, rather than copies of actual disclosures. 

b. Discovery shall be governed by the limitations set forth in the 

Federal Rules of Civil Procedure. Leave of Court is required for any 

divergence from the Federal Rules. 

c. Notwithstanding LRCiv. 7.3, the parties may mutually agree in 

writing, without court approval, to extend the time provided for 

 2

 General Order 17-08 implements the MIDP and should be reviewed carefully. It requires parties to timely supplement their MIDP responses as new information is discovered. Parties who fail to timely disclose relevant information will be precluded from using it in the case and may be subject to other sanctions. Parties who unreasonably postpone disclosure of relevant information to the end of the discovery period will also be subject to sanctions. 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 2 of 11
- 3 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

discovery responses in Fed. R. Civ. P. 33, 34, and 36, but such 

agreed-upon extensions shall not alter or extend the deadlines set 

forth in this Order. 

d. The parties shall not file written discovery motions without leave of 

Court. In the event of a dispute over discovery matters, the parties 

must engage in personal consultation regarding the dispute and must 

make a sincere effort to resolve the conflict expeditiously. See

LRCiv. 7.2(j). If a discovery dispute cannot be resolved despite the 

parties’ sincere efforts, counsel should jointly call the Judge’s law 

clerk at (520) 205-4624 and provide a brief summary of the dispute 

and the parties’ respective positions. Depending upon the nature of 

the dispute, the Court may set a telephonic conference, order written 

briefing, or decide the dispute without conference or briefing. Any 

briefing ordered by the Court shall comply with LRCiv. 7.2(j). 

Absent extraordinary circumstances, the Court will not entertain 

discovery disputes after the deadline for completion of discovery. 

Delay in presenting discovery disputes for resolution is not a basis 

for extending discovery deadlines. 

e. The parties and counsel are reminded of their duty under Fed. R. 

Civ. P. 26(e) to supplement all Rule 26(a) disclosures and responses 

to discovery requests. 

5. Dispositive Motions. Dispositive motions shall be filed on or before 

January 31, 2019. 

a. All motions, memoranda, and pleadings submitted for the Court’s 

review and decision must comply in all respects with the Federal 

Rules of Civil Procedure and the Local Rules. The parties are 

advised to pay particular attention to LRCiv. 7.2 and 56.1. Noncompliance with the Local Rules or failure to timely file required 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 3 of 11
- 4 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

answering memoranda may result in the summary disposition of a 

motion pursuant to LRCiv. 7.2(i). 

b. Absent leave of Court, each party shall file no more than one motion 

for summary judgment under Fed. R. Civ. P. 56. 

c. Any filing which is submitted with more than one exhibit must be 

accompanied by a Table of Contents and indexed with tabs 

corresponding to the Table of Contents. 

d. Regarding courtesy copies of documents for chambers, the parties 

are directed to review the Court’s Electronic Case Filing 

Administrative Policies and Procedures Manual, available online at 

http://www.azd.uscourts.gov/sites/default/files/documents/adm% 

20manual.pdf. Pursuant to Section II(D) of that Manual, courtesy 

copies should be printed directly from CM/ECF. 

6. Good Faith Settlement Negotiations. The parties are encouraged to discuss 

settlement at all times during the pendency of this litigation. The Court will 

set a settlement conference before a Magistrate Judge upon request of the 

parties. Counsel shall file a brief Joint Settlement Status Report (containing 

no specific settlement terms or offers) on or before October 31, 2018, and 

every 60 days thereafter. The parties shall promptly notify the Court if 

settlement is reached during the course of this litigation. 

7. Joint Proposed Pretrial Order. A Joint Proposed Pretrial Order shall be 

filed within thirty (30) days after resolution of any dispositive motions 

filed. If no such motions are filed, a Joint Proposed Pretrial Order will be 

due on or before May 9, 2019. The content of the Joint Proposed Pretrial 

Order shall include, but not be limited to, that prescribed in the Form of 

Pretrial Order attached hereto. Preparation and filing of the Proposed Final 

Pretrial Order in accordance with the requirements of this Order will be 

deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 4 of 11
- 5 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Federal Rules of Civil Procedure. The parties must exchange drafts of the 

Joint Proposed Final Pretrial Order at least fourteen (14) days before the 

submission deadline. The Plaintiff(s) must initiate communications 

concerning the Joint Proposed Final Pretrial Order. 

a. Pursuant to Federal Rule of Civil Procedure 37(c), the Court 

will not allow the parties to offer any exhibit, witness, or 

other evidence that was not (a) disclosed in accordance with 

the provisions of this Order and the Federal Rules of Civil 

Procedure, and (b) listed in the Proposed Final Pretrial Order, 

unless the offering party can show good cause as to why such 

party failed to comply with these requirements. 

b. The parties must exchange exhibits to be used at trial at least 

fourteen (14) days before the submission deadline for the 

Joint Proposed Final Pretrial Order. Any exhibit not marked 

and exchanged at this meeting may be precluded at trial. The 

exhibits must be numbered and marked in accordance with 

the instructions found at www.azd.uscourts.gov under 

“Judges’ Information/Orders, Forms & Procedures/Standard 

Procedures Used by All Tucson Judges.” The exhibit 

numbers must correspond to exhibit numbers listed in the 

Joint Proposed Final Pretrial Order. 

8. Final Pretrial Conference. The parties who will be trying the case shall 

appear at the Final Pretrial Conference, to be set by later Order of the 

Court. 

9. Sanctions for Failure to Meet Deadlines. The parties and their counsel are 

cautioned that the deadlines set in this Scheduling Order shall be strictly 

enforced and may be modified only for good cause and with leave of Court. 

The parties are warned that failure to meet any of the deadlines in this 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 5 of 11
- 6 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

Order or in the Federal or Local Rules without substantial justification may 

result in sanctions, including dismissal of the action or entry of default. 

Motions for extensions of any of the deadlines set forth above must be filed 

prior to the expiration of the deadline(s) that the movant seeks to extend. 

 Dated this 23rd day of May, 2018. 

 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 6 of 11
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

, 

Plaintiff, 

v. 

, 

Defendant.

No. 

 

JOINT PROPOSED FINAL 

PRETRIAL ORDER 

The following is the Joint Proposed Final Pretrial Order to be considered at the 

Final Pretrial Conference. 

A. TRIAL COUNSEL FOR THE PARTIES 

Plaintiff(s): 

Defendant(s): 

Include mailing addresses, office phone numbers, fax numbers, and email 

addresses. 

B. STATEMENT OF JURISDICTION 

Cite the statute(s) that gives the Court jurisdiction, and whether jurisdiction is 

disputed. 

(E.g.: Jurisdiction in this case is based on diversity of citizenship under 

Title 28 U.S.C. § 1332. Jurisdiction is (not) disputed.) 

C. STIPULATIONS AND UNCONTESTED FACTS AND LAW 

1. List all material facts that are admitted by the parties and will require no 

proof.

2. List all material facts that, although not admitted, will not be contested at 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 7 of 11
- 2 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

trial by evidence to the contrary.

3. List all issues of law that are uncontested and stipulated to by the parties.

D. CONTESTED ISSUES OF FACT AND LAW 

1. List all material issues of fact to be tried and decided, stating each issue of 

fact separately and setting forth, in specific terms, each party’s contention 

with respect to the issue of fact. 

(E.g.: Factual Issue # 1: Whether Plaintiff used due care in crossing 

the road. 

Plaintiff Contends: Plaintiff looked both ways before crossing the 

street.... Defendant Contends: Plaintiff ran into the street without 

looking....) 

2. List all issues of law to be determined, stating each issue of law separately 

and setting forth, in specific terms, each party’s contention with respect to 

the issue of law. 

(E.g.: Legal Issue # 1: Whether Plaintiff’s suit is barred by the 

doctrine of laches. Plaintiff Contends:.... Defendant Contends:....) 

E. LISTS OF WITNESSES

Each party shall separately list the names (and, if not previously disclosed, the 

telephone numbers and addresses) of witnesses, separately identifying those that 

the party expects to present at trial and those it may call if the need arises. For 

each witness, state whether the witness is a fact or expert witness and provide a 

brief description of the witness’s testimony. 

F. LISTS OF EXHIBITS 

1. Provide a numbered list of all exhibits that the parties agree are admissible 

in evidence. List Plaintiff’s and Defendant’s exhibits separately, provide 

sufficient information to identify the exhibit, and separately identify those 

items that the party expects to offer and those it may offer if the need arises. 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 8 of 11
- 3 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

2. Provide a numbered list of all exhibits for which the parties have reached 

stipulations, including a brief description of the stipulation reached. List 

Plaintiff’s and Defendant’s exhibits separately, provide sufficient 

information to identify the exhibit, and separately identify those items that 

the party expects to offer and those it may offer if the need arises. 

3. Provide a numbered list of all exhibits objected to by the party against 

whom the exhibit is to be offered. List Plaintiff’s and Defendant’s exhibits 

separately, provide sufficient information to identify the exhibit, and 

separately identify those items that the party expects to offer and those it 

may offer if the need arises. 

(E.g.: Plaintiff’s Exhibit 1 – City Hospital records of Plaintiff from 

March 1, 2010 to March 22, 2010. Plaintiff expects to offer exhibit 

at trial. Defendant objects for lack of foundation because.... (the 

objection must specify the grounds for the objection.)) 

4. The parties shall include the following text in this section of the Proposed 

Final Pretrial Order: “Each party hereby acknowledges by signing this Joint 

Proposed Final Pretrial Order that any objections to exhibits not specifically 

raised herein are waived.” 

G. DEPOSITIONS TO BE OFFERED 

1. List the depositions that may be used at trial, identifying by page and line 

number the portions that will be read or submitted and whether any such 

portions are objected to. If the party against whom a deposition will be 

offered objects to the use of any portion of the deposition, succinctly state 

the grounds for the objection and the offering party’s position. 

Additionally, the party offering the deposition shall provide the Court with 

a hard copy of the offered deposition testimony. The offering party shall 

highlight, in color, the portions of the deposition to be offered. If multiple 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 9 of 11
- 4 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

parties are offering the same deposition, only one copy of such deposition 

shall be provided, and such copy shall contain each party’s highlighting 

(each party should use a different color). 

2. The parties shall include the following text in this section of the Joint 

Proposed Final Pretrial Order: “Each party hereby acknowledges by signing 

this Joint Proposed Final Pretrial Order that any deposition not listed as 

provided herein will not be allowed, absent good cause, and that any 

objections not specifically raised herein are waived.” 

H. MOTIONS IN LIMINE AND DAUBERT MOTIONS

Motions in limine and Daubert motions shall be filed separately in accordance 

with the instructions contained in the Order Setting Final Pretrial Conference. 

I. LIST OF ANY PENDING MOTIONS

List all pending motions, if any. 

J. ESTIMATED LENGTH OF TRIAL

___ hours for opening statements 

___ hours for Plaintiff’s case 

___ hours for Defendant’s case 

___ hours for rebuttal 

___ hours for closing arguments 

K. FOR A BENCH TRIAL

Proposed findings of fact and conclusions of law shall be filed by each party in 

accordance with the instructions contained in the Order Setting Final Pretrial 

Conference. 

L. FOR A JURY TRIAL

A stipulated description of the case, proposed voir dire questions, proposed jury 

instructions, and proposed forms of verdict shall be filed in accordance with the 

instructions contained in the Order Setting Final Pretrial Conference. 

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 10 of 11
- 5 - 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

M. CERTIFICATION

The undersigned counsel for each of the parties in this action do hereby certify and 

acknowledge the following: 

1. All discovery has been completed. 

2. The identity of each witness has been disclosed to opposing counsel. 

3. Each exhibit listed herein: (a) is in existence; (b) is numbered, and (c) has 

been disclosed and shown to opposing counsel. 

4. The parties have made all of the disclosures required by the Federal Rules 

of Civil Procedure (unless otherwise previously ordered to the contrary). 

5. The parties acknowledge that once this Joint Proposed Final Pretrial Order 

has been signed and lodged by the parties, no amendments to this Order can 

be made without leave of Court. 

N. ADOPTION

 The Court may adopt this Proposed Joint Final Pretrial Order at the Final Pre-Trial 

Conference or subsequent hearing. 

 DATED this _______ day of _________________, 20__. 

APPROVED AS TO FORM AND CONTENT 

__________________________ 

Attorney for Plaintiff 

__________________________ 

Attorney for Defendant

Case 4:18-cv-00099-RM Document 23 Filed 05/23/18 Page 11 of 11