MOTIONS DEALING WITH DISCOVERY MATTERS
(a) Hearing Regarding Discovery Disagreements. Except as provided in (e),
a hearing of a motion pursuant to Fed. R. Civ. P. 26 through 37 and 45, including any
motion to exceed discovery limitations or motion for protective order, may be had by the
filing and service of a notice of motion and motion scheduling the hearing date on the
appropriate calendar at least twenty-one (21) days from the date of filing and service. No
other documents need be filed at this time. The hearing may be dropped from the
calendar without prejudice if the Joint Statement re Discovery Disagreement or an
affidavit as set forth below is not filed at least fourteen (14) days before the scheduled
hearing date. If the notice of motion and motion are filed concurrently with the Joint
Statement, the motion shall be placed on the next regularly scheduled calendar for the
Magistrate Judge or Judge hearing the motion at least seven (7) days thereafter.
(b) Requirement of Conferring. Except as hereinafter set forth, a motion
made pursuant to Fed. R. Civ. P. 26 through 37 and 45, including any motion to exceed
discovery limitations or motion for protective order, shall not be heard unless (1) the
parties have conferred and attempted to resolve their differences, and (2) the parties have
set forth their differences and the bases therefor in a Joint Statement re Discovery
Disagreement. Counsel for all interested parties shall confer in advance of the filing of
the motion or in advance of the hearing of the motion in a good faith effort to resolve the
differences that are the subject of the motion. Counsel for the moving party or prospective
moving party shall be responsible for arranging the conference, which shall be held at a
time and place and in a manner mutually convenient to counsel.
(c) Joint Statement re Discovery Disagreement. If the moving party is still
dissatisfied after the conference of counsel, that party shall draft and file a document
entitled "Joint Statement re Discovery Disagreement." All parties who are concerned with
the discovery motion shall assist in the preparation of, and shall sign, the Joint Statement,
which shall specify with particularity the following matters:
(1) The details of the conference or conferences
(2) A statement of the nature of the action and its factual disputes insofar
as they are pertinent to the matters to be decided and the issues to be determined at the
hearing; and
(3) The contentions of each party as to each contested issue, including
a memorandum of each party's respective arguments concerning the issues in dispute
and the legal authorities in support thereof.
Each specific interrogatory, deposition question or other item objected to, or
concerning which a protective order is sought, and the objection thereto, shall be
reproduced in full. The respective arguments and supporting authorities of the parties
shall be set forth immediately following each such objection. When an objection is raised
to a number of items or a general protective order is sought that is related to a number of
specific items, the arguments and briefing need not be repeated. If a protective order is
sought that is unrelated to specific, individual items, repetition of the original discovery
document is not required. All arguments and briefing that would otherwise be included in
a memorandum of points and authorities supporting or opposing the motion shall be
included in this joint statement, and no separate briefing shall be filed.
(d) Failure to Meet or Obtain Joint Statement. If counsel for the any party is
unable, after a good faith effort, to secure the cooperation of counsel for the opposing
party in arranging the required conference, or in preparing and executing the required
joint statement, counsel for that party may file and serve an affidavit so stating, setting
forth the nature and extent of counsel's efforts to arrange the required conference or
procure the required joint statement, the opposing counsel's responses or refusals to
respond to those efforts, the issues to be determined at the hearing, and the moving
party's contentions with regard to the issues, including any briefing in respect thereto.
Refusal of any counsel to participate in a discovery conference, or refusal without good
cause to execute the required joint statement, shall be grounds, in the discretion of the
Court, for entry of an order adverse to the party represented by counsel so refusing or
adverse to counsel. See L.R. 110.
(e) Exceptions from Required Joint Statement re Discovery
Disagreement. The foregoing requirement for a Joint Statement re Discovery
Disagreement shall not apply to the following situations: (1) when there has been a
complete and total failure to respond to a discovery request or order, or (2) when the only
relief sought by the motion is the imposition of sanctions. In either instance, the aggrieved
party may bring a motion for relief for hearing on fourteen (14) days notice. The
responding party shall file a response thereto not later than seven (7) days before the
hearing date. The moving party may file and serve a reply thereto not less than two (2)
court days before the hearing date. L.R. 135.
(f) Notice Provisions. By reason of the notice provisions set forth in (a) and
(e), the provisions of L.R. 230 shall not apply to motions and hearings dealing with
discovery matters.
(g) Requests for Protective Orders. When a party files a motion for a
protective order in response to any discovery request, that party’s obligation to respond
to the discovery request is stayed pending resolution of the motion for a protective order.
