9. Discovery Disputes

In the event a discovery dispute arises, the parties shall meet and confer in good faith to attempt to resolve the issues. (See BLR 1001-2(a) and Civil LR 37-1(a) and (b).)  Parties should comply with the procedures set forth in Civil LR 37-1, particularly with respect to required conferences and meet and confer rules.  (See Civil LR 1-5(n).)  For purposes of Civil LR 1-5(n), references to telephonic communications include communications via videoconference. 

If the parties fail to resolve a discovery dispute, a party may file a letter brief of no more than five (5) pages to the Court via CM/ECF.  The letter brief must address the party’s efforts to meet and confer with the opposing party.  Do not include exhibits with letter briefs.  Absent leave of court, letter briefs in excess of five (5) pages or exhibits submitted with a letter brief may not be considered.

After reviewing the letter brief, Judge Porter will decide how to respond, whether to issue an order, hold a telephonic conference, schedule a hearing, request a response or more information, or otherwise.

Any request for sanctions relating to a discovery dispute must be made by separate noticed motion.  Rules 7037 (incorporating Federal Rule of Civil Procedure 37(a)), 9014, 9020.