Judge Kennelly believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions. Judge Kennelly will not hear or consider any discovery motion unless the movant has complied with the "meet and confer" requirement of Local Rule 37.2. The motion must state with specificity when and how the movant complied with Local Rule 37.2. Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and communication that takes place face to face or by telephone. The exchange of correspondence ordinarily will not be sufficient to comply with Local Rule 37.2.
All parties should be fully prepared to argue any discovery motion on the date that it is presented. Judge Kennelly ordinarily will rule on discovery motions after hearing argument at the motion call and without briefing. If he believes that the motion requires briefing, an expedited briefing schedule will be set so that the matter can be resolved promptly.
Parties are reminded that there is no "sequence" in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.