Discovery Motions
Meeting Requirement
The court encourages the parties to work out discovery disputes and discourages the filing of discovery motions. Discovery disputes are normally resolved at a status call or a pretrial conference without briefing. If the matter is not resolved, then the court will set a briefing schedule.
With regard to the filing of motions for discovery and production of documents under the Rules, the court will not hear or consider any discovery motions unless the parties have complied with Rule 37(a)(2) and the District Court's LR 37.2.
In any motion for discovery or production of documents, the movant shall include the required certification under Rule. 37(a)(2)(A) and (B). Failure to comply with these rules will result in the imposition of sanctions. Often the court will rule on these motions after oral argument at the motion call and without briefing, but this does not of course prohibit the filing of a written response (as one lawyer has mistakenly contended), providing input that is often essential to an understanding of the litigants' respective positions. The court will also consider these motions at a status call or a settlement conference.
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