Local Rule LCivR 37: FAILURE TO MAKE DISCLOSURES OR TO COOPERATE IN DISCOVERY; SANCTIONS

LCivR 37 FAILURE TO MAKE DISCLOSURES OR TO COOPERATE IN DISCOVERY; SANCTIONS

(g) Informal Discovery Dispute Conference. Counsel and litigants are expected to exhaust efforts to resolve discovery issues in accordance with the Federal Rules, the Rules of Professional Conduct, the Local Rules and other controlling law. The parties shall also conduct themselves in a manner consistent with LCivR 83.1(j) (Expectation of Civility).

(1) If a genuine dispute arises that cannot be mutually resolved absent judicial involvement, the parties, in the interest of preserving time, cost and expense, may call or email the assigned Judge's Courtroom Deputy and request an expedited informal discovery dispute conference (e.g., video or telephonic).

(2) Once the informal discovery conference has been scheduled, the parties shall timely email the Courtroom Deputy and all parties a succinct summary explaining the discovery dispute and the party's position. The Court will endeavor to schedule an expedited conference and/or resolve the discovery dispute within 5-10 business days from the parties' initial request.

(3) Absent extraordinary circumstances, the parties should not contact the Court with a discovery dispute occurring during a deposition. Instead, the parties should establish an appropriate record for the Court's later review, whether that review is under this rule or a formal review is pursued under Fed. R. Civ. P. 26 – 37.

(4) No attorney's fees will be assessed for the parties' good faith attempt to resolve a discovery dispute through this Rule's process.

[Note: Motions to compel and for protective orders must include a certification that the movant has in good faith conferred or attempted to confer with the other affected parties in an effort to resolve the dispute without court action. Fed. R. Civ. P. 26(c), 37(a)(1). The parties are reminded that Federal Rule of Civil Procedure 37(a)(5) mandates the payment of reasonable expenses, including attorney fees, from the unsuccessful party, except in narrow circumstances.]