The Court believes that the parties can and should work out most discovery disputes, and thus discourages the filing of discovery motions. The Court will not hear or consider any discovery motion unless the parties have complied with the meet and confer requirement under Local Rule 37.2. Any discovery motion must state with specificity when and how the movant complied with Local Rule 37.2 by separate certificate filed with the motion and attested to by the attorney.

Parties are reminded that compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes through communications and negotiations that take place in person or over the telephone. The Court believes face to face communications regarding discovery disputes are the most effective way to resolve them and requires counsel for parties to meet in person unless it is impracticable to do so. Videoconferencing satisfies this requirement. The Rule 37.2 Certificate must state that this requirement has been met or why it cannot be met with particularity. The mere exchange of correspondence will not be sufficient to comply with Local Rule 37.2. Parties who fail to indicate that they have met in person to attempt to resolve their dispute risk having their motion stricken.

Parties are not allowed to file a brief in response or reply of a discovery motion without leave of Court.

The Court reminds the parties of Federal Rule of Civil Procedure 37(a)(5), which requires the Court to award the winning side fees and costs unless the losing party’s position was substantially justified or awarding fees and costs would be unjust.

Parties are forewarned that if the parties’ inability to be reasonable and compromise results in the filing of excessive discovery motions, the Court will impose additional meet-and-confer requirements on the parties, that may include the presence of a court reporter at all meet-and-confer sessions, with the parties to equally share the cost of the court reporter.