Local Rule RULE 7037-1: FAILURE TO MAKE DISCOVERY; SANCTIONS

RULE 7037-1. FAILURE TO MAKE DISCOVERY; SANCTIONS

(a) Fed. (aR. Civ. P. 37 applies in adversary proceedings and contested matters, except that any reference to Fed. R. Civ. P. 26 (a) shall be deleted and substituted with a reference to MLBR 7026-1(b).

(b) Prior to the filing of any motion relating to a discovery dispute, including or a motion to compelrequest for discovery, a motion for a protective order, or a motion for sanctions, counsel conference, the attorneys for the parties (or anythe parties, if pro se party) shall confer in good faith by telephone or in person in a good faith effort to resolve the discovery dispute and to eliminate as many areas of the dispute as possible without the necessity of filing a motion. It shall be the responsibility of the party seeking the discovery order to arrange for the conference. Unless relievedotherwise provided by an order of the Court, the conference shall take place within fourteen (14) days of the service of a letter requesting written request for the conference. Failure of any party to respond to a request for a discovery conference within seven (7) days of a request for the conference shallmay be grounds for sanctions, which may include substantive and/or be monetary sanctions. Any motion relating to discovery must be accompanied by a statement signed under the penalty of perjury that the movant has complied with the provisions of this section.or non-monetary, including denial of relief.

(cb) If the parties are unable to resolve a discovery dispute and a discovery motion is filed, the partiesmotion and any response shall file a joint stipulation specifying separately and with particularityinclude the following: (1) the certification required by Fed. R. Civ. P. 37(a)(1); (2) the date of the discovery conference and, if it was not held, the reason why; (2) the matters on which the parties reached agreement; (3) each contestedinterrogatory, deposition question, request for production, request for admission or other discovery matter raising an issue that remains to be determineddecided by the Court, and the response thereto; and (4) a statement of each party'sthe moving party's position as to each contested issue, with supporting legal authority. The stipulation, which statement shall be filed within seven (7) days after the filing of the discovery motionset forth separately immediately following each contested item. Notwithstanding the foregoing, if the only discovery dispute constitutes a failure of a party to serve any response, the discovery motion shall so state, and the joint stipulation it does not need not be filedto include specific requests. The failure of any party or attorney to cooperate in resolving discovery disputes may result in the imposition of sanctions, including but not limited to, the sanctions provided in Fed. R. Civ. P. 37.