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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02430-WYD-KMT 

LUCAS DEMAESTRI, 

Plaintiff, 

 

-vVERIFACTS, INC., 

Defendant. 

SCHEDULING ORDER 

1. DATE OF CONFERENCE AND APPEARANCES OF COUNSEL AND PRO SE

PARTY 

 

 a. Date of the Conference: January 5, 2012 

 

 b. Name, address and telephone numbers of pro se Plaintiff, Lucas 

DeMaestri: 

 Lucas DeMaestri 

 9901 E. Evans Ave. 23D 

 Denver, CO 80247 

 Telephone: (720) 535-6656 

 Fax: (720 535-6656 

 

 c. Counsel for Defendant, VeriFacts, Inc.: 

 Steven J. Wienczkowski, Esq. 

 621 Seventeenth Avenue, Suite 1800 

 Denver, Colorado 80293 

 Telephone: (303) 302-6864 

 Fax: (303) 302-6864 

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2. STATEMENT OF JURISIDICTION 

 a. The jurisdiction of this Court is conferred by 28 U.S.C. §1331 and 15 

U.S.C. §1681p. Defendant does not contest subject matter jurisdiction at this time. 

3. STATEMENT OF CLAIMS AND DEFENSES 

 a. Plaintiff: Lucas DeMaestri ("Plaintiff") brings this action against 

Verifacts, Inc. ("Defendant") alleging violations of the Fair Credit Reporting Act 

("FCRA") 15 U.S.C. §1681 et seq. and the Fair Debt Collection Practices Act ("FDCPA") 

15 U.S.C. §1692 et seq. Plaintiff alleges Defendant violated his privacy and the FCRA by 

obtaining his consumer reports from Experian without a "permissible purpose" on at least 

two (5) occasions. Plaintiff alleges Defendant violated the FDCPA by obtaining his 

consumer report from Experian by using "false representations or deceptive means to 

collect or attempt to collect any debt". Plaintiff maintains he has never had any debt, 

"account", service, contract, agreement, or the like with Defendant. Plaintiff seeks 

statutory damages for "willful noncompliance" and "false representations or deceptive 

means to collect or attempt to collect any debt", and all other available remedies. 

 b. Defendant: Defendant denies Plaintiffs claims of violating the Fair Credit 

Reporting Act (FCRA) and/or the Fair Debt Collection Practices Act (FDCPA). In 

addition to specifically denying the allegations set forth in the Plaintiffs’ Complaint, the 

Defendant states the following affirmative defenses: (1) Plaintiff has failed to state any 

claims upon which relief may be granted; (2) Plaintiff has not suffered any damages; (3) 

To the extent the Plaintiff claims to have suffered damages, which is disputed by 

Defendant, Plaintiff has failed to mitigate any such claimed damages; (4) To the extent 

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that the jury may find any violations of the Fair Debt Collection Practices Act, such 

alleged violations being expressly denied by Defendant, liability for any such alleged 

violations is barred by 15 U.S.C. §1692k(c); (5) Defendant is entitled to its attorneys’ 

fees pursuant to Rule 11 of the Federal Rules of Civil Procedure and 28 U.S.C. §1927; 

and (6) Pursuant to Section 615 (c) of the Fair Credit Reporting Act, Plaintiff's claims are 

barred, in whole or in part, by Defendant's reasonable procedures to assure compliance 

with the Fair Credit Reporting Act, and (7) Defendant reserves the right to add additional 

defenses presently unkown to it according to facts that may become known during the 

course of discovery. 

4. UNDISPUTED FACTS 

 The following facts are undisputed: 

 a. Plaintiff, Lucas DeMaestri, is a natural person. 

 c. Jurisdiction is proper. 

 d. Venue is proper in this District. 

5. COMPUTATION OF DAMAGES 

 Plaintiff seeks statutory damages in the amount of $6,000 as follows: 

 a. Five (5) FCRA violations obtaining Plaintiffs consumer report without a 

"permissible purpose" carrying statutory damages up to $1000 per violation. 

 b. Up to $1000 statutory damages for the violation of the FDCPA, using 

"false representations or deceptive means to collect or attempt to collect any debt". 

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 Defendant reserves the right to seeks its attorneys’ fees and costs, as applicable. 

6. REPORT OF PRECONFERENCE DISCOVERY AND METTING UNDER 

FED. R.CIV.P. 26(F) 

 a. Date of Rule 26(f) meeting: December 15, 2011. 

 b. Names of each participant and party he/she represented. 

 The Plaintiff represented himself. 

 Steven J. Wienczkowski, Esq. represented the Defendant 

 c. Statement as to when Rule 26(a)(1) disclosures were made or will be 

 made. 

 The mandatory disclosures pursuant to Rule 26(a)(1) will be made by the 

 Plaintiff by January 4, 2012 

 The mandatory disclosures pursuant to Rule 26(a)(1) will be made by the 

 Defendant by January 4, 2012 

 d. Proposed changes, if any, in timing or requirement of disclosures under 

 Fed. R. Civ. P. 26(a)(1). See section 6.c above. 

 e. Statement concerning any agreements to conduct informal discovery, 

 including joint interviews with potential witnesses, exchanges of 

 documents, and joint meetings with clients to discuss settlement. If there is 

 agreement to conduct joint interviews with potential witnesses, list the 

 names of such witnesses and a date and time for the interview which has 

 been agreed to by the witness, all counsel and all pro se parties. 

 None at this time. 

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f. The parties do not anticipate that their claims or defenses will involve 

 extensive electronically stored information, or that a substantial amount of 

 disclosure or discovery will involve information or records maintained in 

 electronic form. 

 g. Statement summarizing the parties’ discussions regarding the possibilities 

 for promptly settling or resolving the case. 

 The parties have discussed resolving this case. 

7. CONSENT 

 All parties have not consented to the exercise of jurisdiction of a magistrate judge. 

8. DISCOVERY LIMITATIONS 

a. Modifications which any party proposes to the presumptive numbers of 

depositions or interrogatories contained in the Federal Rules. 

 5 depositions per side, including experts; 25 interrogatories per side. 

b. Limitations which any party proposes on the length of depositions. 

 7 hours per deposition. 

 c. Limitations which any party proposes on the number of requests for 

production and/or requests for admission. 

 25 Requests for Production per side, 25 Requests for Admissions 

 per side. 

d. Other Planning or Discovery Orders 

 None. 

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9. CASE PLAN AND SCHEDULE 

 a. Deadline for Joinder of Parties and Amendment of Pleadings: 

 January 20, 2012 

 b. Discovery Cut-off: 

April 20, 2012 

 c. Dispositive Motion Deadline: 

May 21, 2012 

 d. Expert Witness Disclosure 

 (1) The parties shall identify anticipated fields of expert testimony, if 

 any. 

 Plaintiff may offer expert testimony on the debt collection industries 

 reasonable procedure standards to ensure compliance with the Fair 

 Credit Reporting Act and Fair Debt Collection Practices Act. 

 Defendant: None at this time, but may offer rebuttal experts. 

 (2) Limitations which the parties propose on the use or number of 

 expert witnesses. 

 Two (2) experts per side, including any rebuttal experts. 

 (3) The parties shall designate all experts and provide opposing 

 counsel and any pro se parties with all information specified in Fed. 

 R. Civ. P. 26(a)(2) on or before: 

 February 20, 2012 . 

 (4) The parties shall designate all rebuttal experts and provide 

 opposing counsel and any pro se party with all information specified 

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 in Fed. R. Civ. P. 26(a)(2) on or before: 

 March 20, 2012. 

 e. Identification of Persons to Be Deposed: Due on or before discovery cutoff. 

Name of Deponent Date of deposition Time of Deposition Expected length of 

Deposition 

Plaintiff To be determined To be determined Up to 7 hours 

Plaintiff's 

Witnesses, if any 

To be determined To be determined Up to 7hours for 

each witness 

Unknown 

employees, of the 

defendant 

To be determined To be determined Up to 4 hours for 

each employee 

Corporate 

Representative(s) of 

the Defendant 

pursuant to Fed. R. 

Civ. P. 30(b)(6) 

To be determined To be determined Up to 7 hours for 

the corporate 

designee. 

f. Deadline for Interrogatories: 

 33 days prior to discovery cut-off. 

 g. Deadline for Requests for Production of Documents and/or 

 Admissions: 

 33 days prior to discovery cut-off. 

10. DATES FOR FURTHER CONFERENCES 

a. A settlement conference will be held on________________________ 

 at______ o'clock __.m. It is hereby ordered that all settlement conferences that 

 take place before the magistrate judge shall be confidential. 

 ( ) Pro se parties and attorneys only need be present. 

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 ( ) Pro se parties, attorneys, and client representatives with authority to settle must 

be present. (NOTE: This requirement is not fulfilled by the presence of counsel. If an 

insurance company is involved, an adjustor authorized to enter into settlement must also 

be present.) 

 ( ) Each party shall submit a Confidential Settlement Statement to the 

magistrate judge on or before _______________ outlining the facts and issues, as well as 

the strengths and weaknesses of their case. 

 b. Status conferences will be held in this case at the following dates and 

times: 

 c. A final pretrial conference will be held in this case on July 16, 2012 at 

9:30 a.m. A Final Pretrial Order shall be prepared by the parties and submitted to the 

court no later than five (5) days before the final pretrial conference. 

11. OTHER SCHEDULING MATTERS 

a. Identify those discovery or scheduling issues, if any, on which counsel 

after a good faith effort, were unable to reach an agreement. 

 None. 

 b. Anticipated length of trial and whether trial is to the court or jury. 

 Two (2) to three (3) day trial to jury. 

 c. Identify pretrial proceedings, if any, that the parties believe may be more 

efficiently or economically conducted in the District Court’s facility at 212 N. Wahsatch 

Street, Colorado Springs, Colorado. 

 None. 

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12. NOTICE TO COUNSEL AND PRO SE PARTIES 

 The parties filing motions for extension of time or continuances must comply with 

D.C.COLO.LCivR 6.1D. by submitting proof that a copy of the motion has been served 

upon the moving attorney's client, all attorneys of record, and all pro se parties. 

 Counsel will be expected to be familiar and to comply with the Pretrial and Trial 

Procedures or Practice Standards established by the judicial officer presiding over the 

trial of this case. With respect to discovery disputes, parties must comply with 

D.C.COLO.LCivR 7.1A. 

 In addition to filing an appropriate notice with the clerk's office, a pro se 

party must file a copy of a notice of change of his or her address or telephone 

number with the clerk of the magistrate judge assigned to this case. 

 In addition to filing an appropriate notice with the clerk's office, counsel 

must file a copy of any motion for withdrawal, motion for substitution of counsel, 

or notice of change of counsel's address or telephone number with the clerk of 

the magistrate judge assigned to this case. 

13. AMENDMENTS TO SCHEDULING ORDER 

The scheduling order may be altered or amended upon a showing of good cause. 

 DATED this 5th day of January, 2012. 

BY THE COURT: 

 

____________________________________ 

 Kathleen M. Tafoya 

 United States Magistrate Judge 

 

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APPROVED: 

__________________________________ 

Plaintiff: Lucas DeMaestri, Pro Se 

 9901 E. Evans Ave. #23D 

Denver, CO 80247 

s/ Steven J. Wienczkowski, Esq. 

Steven J. Wienczkowski, #33105 

621 Seventeenth Street, Suite 1800 

Denver, Colorado 80293 

Telephone: (303) 296-3566 

FAX: (303) 296-3544 

E-mail: swienczkowski@alp-pc.com

Attorney for Defendant 

 

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