The Court believes that parties can and should work out most discovery disputes without the filing of discovery motions. Discovery motions that are filed must comply fully with Local Rule 37.2, which sets forth certain “meet and confer” and certification requirements. An exchange of correspondence -- as opposed to an in-person or telephonic conference -- ordinarily will not suffice. 

All parties must be fully prepared to orally argue any discovery motion on the date that it is presented. The Court will often decide discovery motions after oral argument at the motion call and without briefing. If after argument the Court believes the motion requires briefing, the Court normally will set an expedited briefing schedule. Parties are reminded to immediately notify the Court if they are withdrawing any previously filed discovery motions.

Parties are reminded that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. In addition, unless provided for under applicable law or by court order, the pendency of a motion, such as a motion to dismiss, does not operate to stay discovery.

E-Discovery:

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility (ESF), before filing a motion to compel, the parties are required to meet and confer with an IT representative of the ESF to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery should also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. This electronic discovery conference must take place in person and both sides should be prepared to discuss specifically the parameters of both the search and the ESF.