Local Rule Rule 37.1: DISCOVERY DISPUTES

Rule 37.1 DISCOVERY DISPUTES

(a) Privilege Asserted in Response to Written Discovery Requests. When a claim of privilege or qualified immunity from discovery is asserted in response to written discovery requests, including interrogatories, requests for documents and requests for admissions, the attorney asserting the privilege or qualified immunity from discovery shall specifically identify the nature of the privilege or qualified immunity which is being claimed and indicate the rule being invoked. Counsel shall further disclose the information set forth in Local Rule 34.1(c), as the case may warrant.

(b) Duty of Counsel to Confer. Except as otherwise ordered, the Court will not entertain any motions relating to discovery disputes unless counsel for the moving party has first conferred and made reasonable good faith efforts to resolve the dispute with opposing counsel. In the event that the parties cannot settle the discovery dispute on their own, counsel shall jointly contact the assigned magistrate judge to schedule an informal telephonic discovery call. The Court will attempt to resolve disputes in this informal manner. If the Court determines the dispute requires formal filing of a motion and briefing, the Court will grant the parties permission to file a written motion.

(c) Failure to Make Self-Executing Discovery Exchange. If a party fails to make a disclosure required by Fed. R. Civ. P. 26(a)(1), any other party may move to compel disclosure and for appropriate sanctions.

(d) Motion to Quash Deposition Notice and Motion for Protective Order. Pending resolution of any motion under Fed. R. Civ. P. 26(c), 30(d), or 45(c), neither the objecting party, witness nor any attorney is required to appear at the deposition to which a motion to quash is directed until the motion is ruled upon. The filing of a motion under any of these referenced Federal Rules of Civil Procedure shall stay the discovery to which the motion is directed pending further order of the Court. Any motion for relief under Fed. R. Civ. P. 26(c) directed to a deposition must be filed and served as soon as practicable after receipt of the deposition notice, but in no event less than five (5) days prior to the scheduled depositions. Counsel seeking such relief shall request the Court for a ruling or a hearing thereon promptly after the filing of such motion, so that discovery shall not be unnecessarily delayed in the event the motion is denied.

(e) Motions to Compel. Motions under Fed. R. Civ. P. 26(c) or 37(a), directed at interrogatories or requests under Fed. R. Civ. P. 33 or 34, or at the responses thereto, shall identify and set forth the specific interrogatory, request or response constituting the subject matter of the motion.