Discovery and Discovery Motions
Discovery motions must comply fully with Local Rule 37.2, which sets forth certain "meet and confer" requirements. Please take note that an exchange of correspondence -- as opposed to an in-person or telephonic conference -- ordinarily will not suffice. Discovery motions that do not fully comply with Local Rule 37.2, including its certification requirements, will be stricken.
Many discovery motions can be resolved at the motion hearing, without further briefing, so parties should be prepared to argue discovery motions on the date of presentment. Discovery motions not resolved on the date of presentment will be set for expedited briefing or referred to the magistrate judge.
If an impasse arises concerning the recovery of electronically stored information, no discovery motion may be filed unless the parties first meet and confer to determine whether the requested material can be retrieved and, if so, the most effective way of doing so. Such a conference must take place in person or be telephone, and must be attended by an IT representative of the party from whom discovery is sought and an IT specialist of the movant.
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 does not, in itself, relieve the other party's discovery obligations. In addition, unless provided for under applicable law, the pendency of a dispositive motion does not, in itself, operate to stay discovery.