LBR 7026-1. DISCOVERY
LBR 7026-1. DISCOVERY(a) General. Compliance with FRBP 7026 and this rule is required in all adversary
(1) Notice. The plaintiff must serve with the summons and complaint a notice that
compliance with FRBP 7026 and this rule is required.
(2) Proof of Service. The plaintiff must file a proof of service of this notice together
with the proof of service of the summons and complaint.
(b) Discovery Conference and Disclosures.
(1) Conference of Parties. Unless all defendants default, the parties must conduct the
meeting and exchange the information required by FRBP 7026 within the time
limits set forth therein.
(2) Joint Status Report. Within 7 days after such meeting, the parties must prepare a
joint status report containing the information set forth in LBR 7016-1(a)(2). The
joint status report will serve as the written report of the meeting required by FRBP
(c) Failure to Make Disclosures or Cooperate in Discovery.
(1) General. Unless excused from complying with this rule by order of the court for
good cause shown, a party must seek to resolve any dispute arising under FRBP
7026-7037 or FRBP 2004 in accordance with this rule.
(2) Meeting of Counsel. Prior to the filing of any motion relating to discovery, counsel for the parties must meet in person or by telephone in a good faith effort to resolve a discovery dispute. It is the responsibility of counsel for the moving party to arrange the conference. Unless altered by agreement of the parties or by order of the court for cause shown, counsel for the opposing party must meet with counsel for the moving party within 7 days of service upon counsel of a letter requesting such meeting and specifying the terms of the discovery order to be sought.
(3) Moving Papers. If counsel are unable to resolve the dispute, the party seeking
discovery must file and serve a notice of motion together with a written stipulation
by the parties.
(A) The stipulation must be contained in 1 document and must identify, separately and with particularity, each disputed issue that remains to be determined at the hearing and the contentions and points and authorities of each party as to each issue.
(B) The stipulation must not simply refer the court to the document containing
the discovery request forming the basis of the dispute. For example, if the sufficiency of an answer to an interrogatory is in issue, the stipulation must contain, verbatim, both the interrogatory and the allegedly insufficient answer, followed by each party’s contentions, separately stated.
(C) In the absence of such stipulation or a declaration of counsel of noncooperation by the opposing party, the court will not consider the discovery motion.
(4) Cooperation of Counsel; Sanctions. The failure of any counsel either to cooperate
in this procedure, to attend the meeting of counsel, or to provide the moving party
the information necessary to prepare the stipulation required by this rule within
7 days of the meeting of counsel will result in the imposition of sanctions, including the sanctions authorized by FRBP 7037 and LBR 9011-3.
(5) Contempt. LBR 9020-1 governing contempt proceedings applies to a discovery
motion to compel a non-party to comply with a deposition subpoena for testimony
and/or documents under FRBP 7030 and 7034.