SUPPLEMENTAL CERTIFICATION OF COUNSEL
[Must be attached to any notice of motion brought under L.R. 37-2]
In accordance with Judge Kim’s Standing Order on Civil Discovery (Standing Order), the
parties (or nonparties as applicable) and their counsel held their pre-filing conference(s) of
counsel required by L.R. 37-1 before filing the discovery motion to which this Supplemental
Certification of Counsel is attached.
1. The pre-filing conference(s) of counsel took place ☐in person ☐by video ☐via telephone
(because videoconference was technologically infeasible) on Click or tap to enter a date.
for hour(s).
[If applicable] Additional conference(s) took place again ☐in person ☐by video ☐via
telephone on Click or tap to enter a date. for hours; and again ☐in person ☐by video
☐via telephone on Click or tap to enter a date. for hour(s).
2. During the pre-filing conference, counsel discussed in conjunction with the merits of their
discovery dispute(s) whether use of the following discovery practices or procedures [check
all that apply] could eliminate or narrow the disputed issue(s):
☐ A supplemental Rule 26(f) discovery planning conference and/or an updated
substantive discovery plan, to include a conference of counsel about witnesses and topics
for Rule 30(b)(6) depositions. See Standing Order ¶ 3.
☐ Use of early informal discovery to facilitate and streamline later formal discovery,
including over issues about preservation, collection, processing, review, and production of
electronically stored information. See Standing Order ¶ 4.
☐ Use of formal or informal discovery methods in strategic sequences or in phases (with
or without leave of court), including early limited Rule 30(b)(6) depositions, to learn
predicate facts essential for later substantive discovery requests tailored to the parties’
claims or defenses. See Standing Order ¶ 5.
☐ Use of jury instructions and proportionality factors listed in Rule 26(b)(1) to assess
what is relevant to proving—element by element—a party’s claim or defense (not just the
subject matter of the case or broad topics like liability or damages) and whether, even if
relevant, the disputed discovery is proportionate to the needs of the case given the balance
of the proportionality factors. See Standing Order ¶ 6.
☐ Amendment (formal or informal) of document requests so that it can be understood
what is being sought with reasonable particularity and/or amendment (formal or informal)
of responses to document requests so that general or boilerplate objections are removed
and it is clear what responsive documents are being withheld based on a specific objection.
See Standing Order ¶ 7.
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Last revised: May 2025
☐ Setting reasonable—but certain—deadlines or timetables for production of documents
and associated privilege logs. See Standing Order ¶ 8.
3. On behalf of their respective client(s), each counsel of record (by its representative
signature below) CERTIFIES—in accordance with Rule 26(g) and their professional
obligations and ethical duties—that the remaining disputed issue(s) detailed in the
attached discovery motion could not be further narrowed or eliminated even after studying
the Standing Order, consulting the text and advisory committee notes for the most current
applicable federal rules of discovery, and discussing the relevant matters checked above in
section 2.
Each counsel of record (by its representative signature below) also ACKNOWLEDGES that
failure to comply with the Standing Order, the applicable federal or local rules of discovery,
and any other prior discovery order may lead to sanctions against the noncompliant
(non)parties and their respective counsel of record.
SO CERTIFIED AND ACKNOWLEDGED.
Counsel for Plaintiff(s) Counsel for Defendant(s)
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Signature Signature
Dated:Click or tap to enter a date. Dated:Click or tap to enter a date.
Counsel for Click or tap here to enter text. Counsel for Click or tap here to enter text.
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Signature Signature
Dated:Click or tap to enter a date. Dated:Click or tap to enter a date.
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Last revised: May 2025
