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.
