The parties can and should work out most discovery disputes without judicial intervention. The Court will not hear or consider any discovery motion or non-dispositive dispute 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 to motions to quash discovery or for protective orders against discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. The exchange of correspondence without in-person or telephonic discussion will not normally be sufficient to comply with Local Rule 37.2.

If the parties have reached an impasse regarding the discovery of voluminous records from a database, server or other electronic storage facility, before filing a motion to compel the parties are required to meet and confer with an IT representative of the facility to be searched in order to determine the most effective way 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.

If the parties do not resolve their disagreement through the “meet and confer” requirement, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. If the disagreement involves specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion.

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 additional briefing. If after hearing argument the Court believes that the motion requires additional briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly.

Parties are reminded to notify the Court if they are withdrawing any previously-filed discovery motions.

Parties are reminded that there is no “order” 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. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.