Opposition to Motion for Protective Order

 

 United States District Court
 Central District of California

 

Local Rules Re Discovery Motion Procedure

Consult Judge's Rules

Many Central District Judges impose requirements for discovery motions in addition to those of the Federal Rules of more...   

Basic Procedure-Conference, Joint Stipulation and Supplemental Papers

Local Rule 37 governs the procedure for discovery motions in the Central District. In short, the parties must confer regarding the dispute, draft and execute a joint stipulation, (which constitutes both more...

Moving Papers Filed at Least 21 Days Before Hearing

A discovery motion may be noticed to be heard on the presiding judge's regular Motion Day, which shall more...

Supplemental Memorandum Filed At Least 14 Days Before Hearing

After the joint stipulation is filed, each party may file a 5 page supplemental memorandum relating to the more...

Opposing Affidavits Under the FRCP

In Case of Conflict Follow Local Rules

Editor's Note: In case of conflict between local rules and the Federal Rules of Civil Procedure regarding motion more...

Opposing Affidavits--7 days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least before the hearing, unless the court permits service at another time. more...

Service by Mail, Delivery to Clerk, Electronic or Other Means--3 Additional Days

When a party may or must act within a specified time after service and service is made under more...

Calculating the Due Date or Deadline

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are

When determining the last day of a filing period stated in days, a day on which the

The end of the last day of a period is defined as midnight in the court's time

In determining what is the "next" day, one must continue counting in the same direction - that

Conference of Counsel Required for Discovery Dispute

Prior to the filing of any motion relating to discovery pursuant to F.R.Civ.P. 26-37, counsel for the parties more...

Unless relieved by written order of the Court upon good cause shown, counsel for the opposing party must more...

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Required Stipulation Procedure for Discovery Motions

Written Stipulation Required if Discovery Dispute Unresolved

Counsel to the parties are required to create a written stipulation if they are unable to resolve their more...

Creation of Joint Stipulation

Following the conference of counsel, counsel for the moving party must personally deliver, e-mail or fax to counsel more...

Unless the parties agree otherwise, within 7 days of receipt of the moving partys papers, counsel for the more...

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Form of Joint Stipulation

The stipulation must be one document signed by both parties, must contain all of the points and authorities more...

Joint Stipulation Should Be Concise

The page limit established by Local Rule 11-6 does not apply to stipulations regarding discovery disputes. However, the stipulation should present the disputed issues as concisely as possible. more...

Declaration Re Inability To File Joint Stipulation

A discovery motion without a joint stipulation must be accompanied by a declaration stating that opposing counsel failed more...

Supplemental Memorandum Filed At Least 14 Days Before Hearing

After the joint stipulation is filed, each party may file a 5 page supplemental memorandum relating to the more...

Cooperation of Counsel

The court may impose sanctions for non-cooperation in the discovery motion procedure. . more...

No Ex Parte Discovery Motions

No discovery motions may be brought on an basis, unless a showing is made of irreparable injury or prejudice not attributable to the lack of diligence more...

Attempt To Resolve Informally and Certification

The motion must include a certification that the movant has in good faith conferred or attempted to confer more...

Appropriate Court

A party or any person from whom discovery is sought may move for a protective order in the more...

Relief Available

The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, more...

(A) forbidding the disclosure or discovery; more...

(B) specifying terms, including time and place, for the disclosure or discovery; more...

(C) prescribing a discovery method other than the one selected by the party seeking discovery; more...

(D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters; more...

(E) designating the persons who may be present while the discovery is conducted; more...

(F) requiring that a deposition be sealed and opened only on court order; more...

(G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or more...

(H) requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as more...

 

Protection of Private Information

For good cause, the court may by order in a case: more...

(1) require redaction of additional information; or more...

(2) limit or prohibit a nonpartys remote electronic access to a document filed with the court.. more...

For more information regarding redaction requirements, Central District of California SmartRules procedural guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Ordering Discovery

If a motion for a protective order is wholly or partly denied, the court may, on just terms, more...

Awarding Expenses

Rule 37(a)(5) applies to the award of expenses. . more...

Scope of Discovery

Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any partys claim or defense including more...

Limitations -- In General

By order, the court may alter the limits in these rules on the number of depositions and interrogatories more...

Limitations on Electronically Stored Information

A party need not provide discovery of electronically stored information from sources that the party identifies as not reasonably more...

Factors to be Considered by the Court

On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed more...

The discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more...

The party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or more...

The burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, more...

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Trial Preparation -- Materials

Documents and Tangible Things

Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or more...

They are otherwise discoverable under Rule 26(b)(1); and more...

The party shows that it has substantial need for the materials to prepare its case and cannot, without more...

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Protection Against Disclosure

If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, more...

Previous Statement

Any party or other person may, on request and without the required showing, obtain the persons own previous more...

A written statement that the person has signed or otherwise adopted or approved; or more...

A contemporaneous stenographic, mechanical, electrical, or other recording or a transcription of it that recites substantially verbatim the persons more...

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Trial Preparation -- Experts

Expert Who May Testify

A party may depose any person who has been identified as an expert whose opinions may be presented more...

Expert Employed Only for Trial Preparation

Ordinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert more...

As provided in Rule 35(b); or more...

On showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on more...

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Payment

Unless manifest injustice would result, the court must require that the party seeking discovery: more...

Pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) or (B); more...

For discovery under (B), also pay the other party a fair portion of the fees and expenses it more...

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Trial Preparation -- Claiming Privilege

Information Withheld

When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as more...

Expressly make the claim; and more...

Describe the nature of the documents, communications, or tangible things not produced or disclosed and do so in more...

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Information Produced

If information produced in discovery is subject to a claim of privilege or of protection as trial preparation more...

The Duty to Preserve

The extent of the duty to preserve electronically stored information is the subject of a fast developing body more...

Good Faith Loss of Electronically Stored Information

Absent exceptional circumstances, a court may not impose sanctions under the Rules on a party for failing to more...

Sanctions

A request for an award of expenses on a motion for protective order is governed by Rule 37(a)(5). more...

Central District of California SmartRules procedural guide: MOTION FOR DISCOVERY SANCTIONS. more...

First Page Must Include Hearing Date and Time

The first page of every document filed in connection with a motion must include, under the title of more...

Opposition Memorandum or Statement of Non-Opposition Required

Opposition papers must consist either of a brief but complete memorandum containing the reasons, legal points and authorities, and more...

25 Page Limit on Briefs

Memoranda of points and authorities, pre-trial, trial, and post-trial briefs shall not exceed 25 pages in length, excluding indices more...

Table of Contents and Authorities

Any memorandum of points and authorities or any brief exceeding 10 pages in length, excluding exhibits, shall be more...

Entire Document Sequentially Numbered

A memorandum of points and authorities must be numbered consecutively at the bottom of each page.. Exhibits must be numbered consecutively with the principal document. more...

Signature Required

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Signature

All documents, except declarations, shall be signed by the attorney for the party or the party appearing more...

Electronic Signature

Detailed requirements regarding electronic signatures can be found at Central District General Order 10-07 (VIII) . more...

Additional Requirements

Central District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any more...

Central District of California SmartRules procedural guide: DECLARATIONS. more...

Written

Declarations or other written evidence must support factual contentions in memoranda of points and authorities. The Court may require or allow oral examination of any declarant or witness. more...

Deposition Testimony

The relevant portion of any deposition transcript must be authenticated, attached as an exhibit, and bracketed in the more...

Objections to Evidence

Opposition papers may include objections to the evidence relied upon by the moving party.Customarily, objections to evidence are made in a separate document. more...

Proposed Order

Central District of California SmartRules procedural guide:PROPOSED ORDER. more...

Local Rules Re Discovery Motion Procedure

Consult Judge's Rules

Many Central District Judges impose requirements for discovery motions in addition to those of the Federal Rules of more...

Service and Filing -- Timing

Discovery motion papers must be filed with the clerk at least twenty-one (21) days before the hearing date. more...

Service of the notice of motion and joint stipulation is made by the moving party pursuant to Local more...

Calculating the Due Date or Deadline

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are

When determining the last day of a filing period stated in days, a day on which the

The end of the last day of a period is defined as midnight in the court's time

In determining what is the "next" day, one must continue counting in the same direction - that

Electronic Filing Required in Most Cases

For updated information regarding electronic (and traditional) filing requirements, Central District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Traditional Filing and Service Rules

Filing and Service Required

Papers must be filed with the court, together with a certificate of service, within a reasonable time after more...

Traditional Service

Service of papers must be made on all parties by mail, personal delivery, or, with the written consent more...

Attached Proof of Service Must Be At End of Document

If the proof of service is attached to the original document, it must be attached as the last more...

Appearance

Counsel for both parties must be present at the hearing and familiar with the case. Failure to appear may be deemed consent to an adverse ruling. more...

Preparation of Order

The attorney directed to do so by the Court shall prepare each order. When the Court orders a more...

Cooperation of Counsel

The court may impose sanctions for non-cooperation in the discovery motion procedure. . more...

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