Whitman v. Equifax Information Services ,LLC et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAVID DWAYNE WHITMAN, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 4:25-cv-1297-MTS
)
EQUIFAX INFORMATION SERVICES, 	)
LLC, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
Plaintiff chose to initiate this action in federal court. An Order went out setting the date
and time of the Rule 16 Conference, the gateway to litigating this case. 	Doc. [27]. 	A
subsequent Order confirmed that same date and time. Doc. [30]. Two separate attorneys from
two separate law firms represent Plaintiff. 	They knew about the Rule 16 Conference. 	See
Doc. [31] (Joint Proposed Scheduling plan, which Plaintiff’s attorney signed); see also Doc.
[28] ¶ 6 (counsel for Defendant Trans Union LLC representing that he discussed the
Conference with “counsel for all other parties”). Nevertheless, neither of Plaintiff’s attorneys
appeared.
Upon consideration of Plaintiff’s attorneys’ Response to the Order to Show Cause,
Doc. [37], the Court declines to sanction them. See Fed. R. Civ. P. 16(f)(1)(A). “Instead,” the
Court will require them “to pay the reasonable expenses—including attorney’s fees” that
Defendants’ incurred in appearing at the Conference that was for naught. 	Id. 16(f)(2). 	The
Court finds that Plaintiff’s attorneys’ failure to attend the January 13, 2026, scheduling
conference in violation of the Court’s Orders, Docs. [27] and [30], was not “substantially
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justified.” See Fed. R. Civ. P. 16(f)(2). Nor does the Court find that the circumstances here
“make an award of expenses unjust.” Id.
Accordingly,
IT 	IS 	HEREBY 	ORDERED 	that 	Plaintiffs’ 	attorneys 	shall 	pay 	Defendants’
reasonable expenses and attorneys’ fees incurred in appearing at the January 13, 2026,
scheduling conference at which Plaintiffs’ attorneys failed to appear.
IT IS FURTHER ORDERED that, no later than Tuesday, January 27, 2026,
Defendants’ attorneys shall inform Plaintiffs’ attorneys of the amount of their expenses and
fees.
IT IS FINALLY ORDERED that, no later than Friday, February 06, 2026,
Plaintiffs’ attorneys shall either tender payment to Defendants’ attorneys or shall file
objection(s) to the fee amount(s) that sufficiently explain why the amount is unreasonable.
Dated this 20th day of January 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
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