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.