The Court believes that parties can and should work out most discovery disputes and thus discourages the filing of discovery motions. All discovery motions, including motions to compel, must be noticed with sufficient time to be heard before the close of discovery. The Court will not consider any discovery motion unless the movant has complied with the meet-and-confer requirement of Local Rule 37.2. This applies not only to motions to compel, but also applies to motions to quash discovery or for protective orders re discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. Remember that compliance with Local Rule 37.2 requires a good-faith effort to resolve discovery disputes and also requires that the conferral take place face-to-face or by telephone. The exchange of correspondence will almost never 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. The Court most often will rule on discovery motions after hearing argument at the motion call and without further briefing. If after hearing argument, the Court believes that the motion requires briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly. Reply briefs are not allowed unless given leave of court.

            Parties must immediately notify the Court if they are withdrawing (or narrowing) any previously filed discovery motion.

          Any motion to extend discovery deadlines must be presented in writing (after conferral with the other side), filed in advance of the discovery deadline, and must demonstrate good cause for the extension.

          With particular respect to electronic discovery disputes, if the parties have reached an impasse regarding the discovery of 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 and feasible ways to retrieve the requested material. The party seeking the discovery must 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 or by telephone, and both sides should be prepared to discuss specifically the parameters of both the search(es) and the ESF.