Local Rule LR37.1: Enforcement of Discovery Requirements; Sanctions.

LR37.1. 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 LR37.1(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 conference with the court pursuant to Fed. R. Civ. P. 16(b)(3)(B)(v) and LR16.7.

(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 LR37.1(c), 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 manager of the assigned magistrate judge, who will assign a deadline for letter briefs. Counsel who obtains a deadline from the courtroom manager 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 five (5) pages or less, inclusive of all exhibits.

(3) Upon receipt of the letter briefs, the magistrate judge shall determine a procedure for resolving the dispute. Should a conference be required, the courtroom manager of the assigned magistrate judge shall schedule such a conference and shall specify whether counsel must attend in person or by telephone.

(4) Any discovery order issued by a magistrate judge pursuant to such expedited procedure may be appealed to the assigned district judge, unless the case has been assigned on consent of the parties to the magistrate judge to act as the trial judge in the case.