LCvR37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

LCvR37-1 Informal Conference to Settle Discovery Disputes.

This Court will not hear any motions or objections relating to discovery under Fed. R. Civ. P. 26 through 37 or 45, unless counsel for movant first advises the Court in writing that counsel for all parties to the dispute have personally met and conferred in good faith and, after a sincere attempt to resolve differences, have been unable to reach an accord. No personal conference is required when the movant’s counsel represents to the Court in writing that movant’s counsel has conferred with opposing counsel by telephone and (1) the motion or objection arises from failure to timely make a discovery response, or (2) the distance between counsels’ offices, which the motion must state with particularity, renders a personal conference infeasible. The Court may excuse the requirements of LCvR37-1 for good cause or when the administration of justice requires.

LCvR37-2 Discovery Enforcement.

(a)

Disposition of Discovery Matters by Magistrate Judge. Unless otherwise directed by a district judge, all discovery matters shall be resolved by order of the assigned magistrate judge. Magistrate judge’s orders shall remain in full force and effect as an order of the Court unless reversed or modified by a district judge.

(b)

Expedited Hearings. A magistrate judge may expedite discovery matters by means of remote conferences or emergency hearings. Under exigent circumstances, verbal or telephonic requests for an expedited hearing may be made through the Clerk’s office or directly to a magistrate judge’s office. Ex parte communication with the discovery magistrate judge will not be permitted.

(c)

Routine Matters. Discovery matters that are not time sensitive or of an emergency nature shall be handled in due course by consideration of appropriate written motions.

(d)

Requests and Responses Must Be Submitted. The opening brief in support of a discovery motion filed under Fed. R. Civ. P. 26 through 37 shall either (1) include a verbatim recitation or (2) attach an exact copy of each interrogatory, request, answer, response and objection that is the subject of the motion.

(e)

Expedited Briefing Required. Notwithstanding the time periods set forth in LCvR7-1(e) and (f), a response to a discovery motion filed under Fed. R. Civ P. 26 through 37 or 45 shall be filed within fourteen days from the date the motion was filed. A reply brief regarding a discovery motion may be filed within seven days from the due date of the response.

(f)

Compliance with Discovery Orders Pending Appeal. A party’s duty to comply with a discovery order is not stayed by filing an appeal from or objection to the order, unless such a stay is specifically ordered by the magistrate judge or district judge.