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.

Judge Kennelly will only rarely set briefing schedules on discovery motions. His more common practice is to address the motion at an upcoming status hearing or separately set it for a hearing, at which all parties should be fully prepared to argue the motion. If a briefing schedule is set on a discovery motion, it typically will be expedited so that the motion 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.

The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery. Discovery is not stayed unless the court orders it to be stayed.