The movant must cc: opposing counsel on the e-mail. The e-mail must include (1) at least three proposed times mutually agreed upon by the parties for the telephone conference (2) a neutral statement of the dispute and (3) one sentence describing (not arguing) each parties’ position. Once the parties have determined that they have reached an impasse, within twenty-four hours of the last conference, the movant must e-mail the CRD seeking a telephone conference with the Court to discuss the discovery dispute.First, as Local Civil Rule 37-1 requires, the parties must meet and confer in an attempt to resolve any discovery dispute.This procedure does not apply to ex parte applications (see Procedure 5) or where a party to the discovery dispute is in custody. In order to facilitate the just and expedient resolution of discovery matters and to conserve the parties’ and Court’s resources, the Court requires the parties to follow the following procedure for filing discovery motions.
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In the Court’s experience, discovery disputes may often be resolved without the need for formal motion papers. The Court may take a motion under submission without oral argument. Strict compliance with Local Civil Rule 37 is required. The parties are advised to review the procedures and standing orders of the assigned district judge before filing any discovery motion. Discovery motions are to be scheduled before the magistrate judge unless otherwise ordered by the district judge.