(a) Conference of the Parties; Planning for Discovery. The parties’
discovery plan must indicate whether they anticipate any party will be required to
disclose or be requested to produce electronically stored information. If so the parties
must consider:
(1) the reasonable accessibility of electronically stored information and
the burdens and expense of discovery of electronically stored information;
(2) the format and media for the production of electronically stored
information;
(3) measures taken to preserve potentially discoverable electronically
stored information from alteration or destruction;
(4) procedures for asserting post-production claims of privilege or of
protection as trial-preparation material; and
(5) other issues in connection with the discovery of electronically stored
information.
(b) Disclosure of Expert Testimony.
(1) Unless otherwise stipulated or ordered by the Court, each party must
disclose to every other party the substance of all evidence under Fed. R. Evid.
702, 703 or 705 that the party may use at trial, including the evidence of
witnesses who have not been retained or specially employed to provide
testimony, subject to the following:
(A) Each party must provide the written report required under
Fed. R. Civ. P. 26(a)(2)(B) for a witness who has been retained or
specially employed to provide expert testimony or one whose duties as
the party’s employee regularly involve giving expert testimony.
(B) A person, including a treating physician, who has not been
retained or specially employed to provide expert testimony, or whose
duties as the party’s employee do not regularly involve giving expert
testimony, may be used to present evidence under Fed. R. Evid. 702, 703
or 704 only if the party offering the evidence discloses to every other
party the information identified in Fed. R. Civ. P. 26(a)(2)(C).
(2) Absent a stipulation or a Court order, disclosures required under this
rule must be made in accordance with Fed. R. Civ. P. 26(a)(2)(C).
(c) Completion of Discovery. Unless the Court orders otherwise, all
discovery must be completed 30 days before the date on which trial is scheduled.
Completion of discovery means that discovery (including depositions to preserve
testimony for trial) must be scheduled to allow depositions to be completed,
interrogatories and requests for admissions to be answered, and documents to be
produced before the deadline and in accordance with the provisions of the Federal
Rules of Civil Procedure. For good cause, the Court may extend the time during which
discovery may occur or may reopen discovery.
(d) Standard Definitions Applicable to All Discovery.
(1) The full text of the definitions set forth in subparagraph (2) is
deemed incorporated by reference in all discovery, and may not be varied by
litigants, but does not preclude (i) the definition of other terms specific to the
particular litigation, (ii) the use of abbreviations, or (iii) a more narrow
definition of a term defined in paragraph (2).
(2) Definitions. The following definitions apply to all discovery:
(A) Communication. The term “communication” means the
transmittal of information (in the form of facts, ideas, inquiries, or
otherwise).
(B) Document. The term “document” is defined to be
synonymous in meaning and equal in scope of the usage of this term in
Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate
document within the meaning of this term.
(C) To Identify.
(i) With Respect to Persons. When referring to a person,
“to identify” means to give, to the extent known, the person’s full
name, present or last known address, and when referring to a
natural person, additionally, the present or last known place of
employment. Once a person has been identified in accordance
with this subparagraph, only the name of that person need be
listed in response to subsequent discovery requesting the
identification of that person.
(ii) With Respect to Documents. When referring to
documents, “to identify” means to give, to the extent known, the
(i) type of document; (ii) general subject matter; (iii) date of the
document; and (iv) author(s), addressee(s), and recipient(s).
(D) Person. The term “person” is defined as any natural person
or any business, legal, or governmental entity, or association.
(e) Confidentiality of Discovery Materials.
(1) All motions and stipulations requesting a protective order must
contain sufficient facts demonstrating good cause. Upon a showing of good
cause, the Court may enter a protective order regarding confidentiality of all
documents produced in the course of discovery, all answers to interrogatories,
all answers to requests for admission, and all deposition testimony. A protective
order template is attached as an Appendix to these Local Rules.
(2) A party may challenge the designation of confidentiality by motion.
The movant must accompany such a motion with the statement required by
