New lawsuit filed on March 12, 2018, in the District of Arizona -- RM Media Ltd. v. No Debt LLC dba Ultimate Debt Solutions, Malcom Giles, and DOES 1 through 10 inclusive (Case 2:18-cv-00806-DMF). But this one has a twist . . .
This case is subject to the Mandatory Initial Discovery Pilot Project, meaning that the parties are subject to a court order to produce initial discovery materials within 30 days of the first responsive pleading. So what? Well, all that needs to happen (and please let it happen) is that the LLC or Mr. Giles need to file an actual answer or substantive response. Once that happens, within 30 days RM Media must produce, and Higbee must undersign as per the Project rules, a host of information many defendants have sought but couldn't get because of the expense of actually litigating to discovery. Check it out:
"The parties must respond to the following Court-issued discovery requests without
awaiting discovery requests from the opposing parties, and at the times set forth above.
1. State the names and, if known, the addresses and telephone numbers of all
persons who you believe are likely to have discoverable information relevant to any
party’s claims or defenses, and provide a fair description of the nature of the information
each such person is believed to possess.
2. State the names and, if known, the addresses and telephone numbers of all
persons who you believe have given written or recorded statements relevant to any
party’s claims or defenses. Unless you assert a privilege or work product protection
against disclosure under applicable law, attach a copy of each such statement if it is in
your possession, custody, or control. If not in your possession, custody, or control, state
the name and, if known, the address and telephone number of each person who you
believe has custody of a copy.
3. List the documents, electronically stored information (“ESI”), tangible
things, land, or other property known by you to exist, whether or not in your possession,
custody or control, that you believe may be relevant to any party’s claims or defenses.
To the extent the volume of any such materials makes listing them individually impracticable, you may group similar documents or ESI into categories and describe the
specific categories with particularity. Include in your response the names and, if known,
the addresses and telephone numbers of the custodians of the documents, ESI, or tangible
things, land, or other property that are not in your possession, custody, or control. For
documents and tangible things in your possession, custody, or control, you may produce
them with your response, or make them available for inspection on the date of the
response, instead of listing them. Production of ESI will occur in accordance with
paragraph C.2 below.
4. For each of your claims or defenses, state the facts relevant to it and the
legal theories upon which it is based.
5. Provide a computation of each category of damages claimed by you, and a
description of the documents or other evidentiary material on which it is based, including
materials bearing on the nature and extent of the injuries suffered. You may produce the
documents or other evidentiary materials with your response instead of describing them.
6. Specifically identify and describe any insurance or other agreement under
which an insurance business or other person or entity may be liable to satisfy all or part
of a possible judgment in the action or to indemnify or reimburse a party for payments
made by the party to satisfy the judgment. You may produce a copy of the agreement
with your response instead of describing it.
7. A party receiving the list described in Paragraph 3, the description of
materials identified in Paragraph 5, or a description of agreements referred to in
Paragraph 6 may request more detailed or thorough responses to these mandatory
discovery requests if it believes the responses are deficient. A party may also serve
requests pursuant to Rule 34 to inspect, copy, test, or sample any or all of the listed or
described items, to the extent not already produced in response to these mandatory
discovery requests, or to enter onto designated land or other property identified or
described."
Unlike Initial Disclosures and the like, this Project actually has some teeth as court-ordered discovery. I'd attach the documents, but I don't know how.
Topic: New Higbee / RM Media / Nick Youngson case filed in Arizona (Read 14822 times)