Local Rule LBR 7037-1: Enforcement of Discovery Requirements; Sanctions

LBR 7037-1. Enforcement of Discovery Requirements; Sanctions

(a) Conference Required. The court will not entertain any motion pursuant to Fed. R. Civ. P. 26 through 37, including any request for expedited discovery assistance pursuant to subdivision (c), unless counsel have previously conferred, either in person or by telephone, concerning all disputed issues (including the requirement that discovery be proportional to the needs of the case), in a good faith effort to limit the disputed issues and, if possible, eliminate the necessity for a motion or expedited discovery assistance. Electronic or letter communications are not a substitute for the conference. The court may also direct that before moving for an order relating to discovery, the movant must request a status conference with the court.

(b) Certificate of Compliance. When filing any motion with respect to Fed. R. Civ. P. 26 through 37, or a letter brief in accordance with subdivision (c) of this rule, counsel for the movant shall certify compliance with this rule.

(c) Expedited Discovery Assistance.

(1) Counsel may seek resolution of disputed discovery issues expeditiously and economically. This expedited procedure is intended to afford a swift but full opportunity for the parties to present their positions through abbreviated, simultaneous briefing and, when appropriate, a conference. Counsel desiring such assistance shall contact opposing counsel to arrange a mutually agreeable deadline for the submission of letter briefs. Should counsel be unable to agree upon a deadline, counsel may contact the courtroom deputy who will assign a deadline for letter briefs. Counsel who obtains a deadline from the courtroom deputy shall notify opposing counsel of the assigned deadline.

(2) Letter briefs by all parties shall be filed and served on opposing counsel by the deadline. The letter brief shall contain all relevant information, including confirmation of the deadline for submission of letter briefs; dates of discovery cut-off and trial; and a discussion of the dispute. If a party opposes the use of this expedited procedure, such opposition should be included in the letter brief. Unless ordered by the court, the letter briefs shall be 5 pages or less, inclusive of all exhibits.