Opposition to Motion for Discovery Sanctions

 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 Civil Procedure and the Local Rules. A directory of Central District Judges' procedures and schedules can be found online at: http://www.cacd.uscourts.gov/CACD/JudgeReq.nsf/FAQs+about+Judges'+Procedures+and+Schedules?OpenView.

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 the moving and opposition papers), and may file one set of supplemental papers. Central Dist. LR 37.

Moving Papers Filed at Least Twenty-One (21) Days Before Hearing

A discovery motion may be noticed to be heard on the presiding judge's regular Motion Day, which shall be not earlier than twenty-one (21) days after filing the motion.Central Dist. LR 37-3. A directory of Central District Judges' procedures and schedules can be found online at: http://www.cacd.uscourts.gov/CACD/JudgeReq.nsf/FAQs+about+Judges'+Procedures+and+Schedules?OpenView.

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 dispute, not later than 14 days prior to the hearing date. No other papers may be filed by either party. Central Dist. LR 37-2.3.

Opposing Affidavits Under the FRCP

RULES AMENDED EFFECTIVE DECEMBER 1, 2009

Editor's Note: Most United States District Courts have local rules that set forth requirements regarding the service of moving, opposing and reply papers.In many cases these local rules provide different requirements than those set forth in the FRCP. It is recommended practice to follow local rule requirements with respect to briefing schedules for motions. SmartRules Guides include coverage of all local motion practice requirements following coverage of the requirements under the FRCP.

Opposing Affidavits--7 days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 7 days before the hearing, unless the court permits service at another time. FRCP 6(c)(2)(amended eff 12/1/09).

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 Rule 5(b)(2)(C)(mail), (D)(delivery to court clerk), (E)(electronic means), or (F)(other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). FRCP 6(d).

Calculating the Due Date or Deadline

RULE AMENDED EFFECTIVE DECEMBER 1, 2009

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6(a)(1)(amended eff 12/1/09).

When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6(a)(3)(amended eff 12/1/09).

The end of the last day of a period is defined as midnight in the court's time zone for electronic filing, and closure of the clerk's office for filing by any other means. FRCP 6(a)(4)(amended eff 12/1/09).

In determining what is the "next" day, one must continue counting in the same direction - that is, forward when computing a forward-looking period and backward when computing a backward-looking period. FRCP 6(a)(5)(amended eff 12/1/09).

Legal holidays are set forth and defined at Rule 6(a)(6). FRCP 6(a)(6)(amended eff 12/1/09).

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 th more...

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

Creation of Joint Stipulation

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

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

Joint Stipulation Should Be Concise

The page limit established by Local Rule 11-6 does not apply to stipulations regarding discovery dis more...

Declaration Re Inability To File Joint Stipulation

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

Appropriate Court

The motion for discovery sanctions is brought in the court where the action is pending. An applicati more...

Failure to Make or Amend Rule 26 Disclosures

If a party fails to make a disclosure required by Rule 26(a), any other party may move to compel dis more...

Other Consequences

If a party fails to provide information or identify a witness as required by Rule 26(a) or (e), the more...

(A) may order payment of the reasonable expenses, including attorneys fees, caused by the failure; more...

(B) may inform the jury of the partys failure; and more...

(C) may impose other appropriate sanctions, including any of the orders listed in Rule 37(b)(2)(A)(i more...

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Failure to Comply With a Court Order

Sanctions in the District Where the Deposition Is Taken

If the court where the discovery is taken orders a deponent to be sworn or to answer a question and more...

Sanctions in the District Where the Action Is Pending

If a party or a partys officer, director, or managing agent or a witness designated under Rule 30(b) more...

(i) directing that the matters embraced in the order or other designated facts be taken as establish more...

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or more...

(iii) striking pleadings in whole or in part; more...

(iv) staying further proceedings until the order is obeyed; more...

(v) dismissing the action or proceeding in whole or in part; more...

(vi) rendering a default judgment against the disobedient party; or more...

(vii) treating as contempt of court the failure to obey any order except an order to submit to a phy more...

For Not Producing a Person for Examination

If a party fails to comply with an order under Rule 35(a) requiring it to produce another person for more...

Payment of Expenses

Instead of or in addition to the orders above, the court must order the disobedient party, the attor more...

Failure to Produce Deponent

Where a party has failed to comply with an order under Rule 35(a) requiring that party to produce an more...

Failure to Attend Deposition, or Respond to Interrogatories or Request for Production

Motion; Grounds for Sanctions

The court where the action is pending may, on motion, order sanctions if: more...

(i) a party or a partys officer, director, or managing agent or a person designated under Rule 30(b) more...

(ii) a party, after being properly served with interrogatories under Rule 33 or a request for inspec more...

Certification

A motion for sanctions for failing to answer or respond must include a certification that the movant more...

Unacceptable Excuse for Failing to Act

A failure described in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was o more...

Types of Sanctions

Sanctions may include any of the orders listed in Rule 37(b)(2)(A)(i)-(vi). Instead of or in additio more...

Motion Re Sufficiency of Answer or Objection

The requesting party may move to determine the sufficiency of an answer or objection. Unless the cou more...

Scope of Discovery

Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain di more...

Limitations -- In General

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

Limitations on Electronically Stored Information

A party need not provide discovery of electronically stored information from sources that the party 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...

(i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some oth more...

(ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in more...

(iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the more...

Trial Preparation -- Materials

Documents and Tangible Things

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

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

(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, more...

Protection Against Disclosure

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

Previous Statement

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

(i) a written statement that the person has signed or otherwise adopted or approved; or more...

(ii) a contemporaneous stenographic, mechanical, electrical, or other recording or a transcription o more...

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 a more...

Expert Employed Only for Trial Preparation

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

(i) as provided in Rule 35(b); or more...

(ii) on showing exceptional circumstances under which it is impracticable for the party to obtain fa more...

Payment

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

(i) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(b)(4)(A) more...

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

Trial Preparation -- Claiming Privilege

Information Withheld

When a party withholds information otherwise discoverable by claiming that the information is privil more...

(i) expressly make the claim; and more...

(ii) describe the nature of the documents, communications, or tangible things not produced or disclo more...

Information Produced

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

The Duty to Preserve

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

Good Faith Loss of Electronically Stored Information

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

Twenty-Five (25) Page Limit on Briefs

Memoranda of points and authorities, pre-trial, trial, and post-trial briefs shall not exceed twenty more...

Table of Contents and Authorities

Any memorandum of points and authorities or any brief exceeding ten (10) pages in length, excluding more...

Entire Document Sequentially Numbered

A memorandum of points and authorities must be numbered consecutively at the bottom of each page.. E more...

Requirements for Electronically Filed Documents

PDF

Documents filed electronically must be submitted in PDF format. Central Dist. G. O. 08-02 (IV)(C)(am more...

Obligation to Protect Sensitive and Private Information

The parties shall refrain from including, and/or shall redact where inclusion is necessary, personal more...

Hyperlinks

Documents filed electronically may only contain hyperlinks to sections of the same document. Central more...

Signature

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

Signature on Electronic Documents

An electronically filed document shall be deemed to be signed by the person (the Signatory) when the more...

CM/ECF Users

In the case of a Signatory who is a CM/ECF User, such document shall be deemed signed, regardless of more...

Documents Requiring Multiple CM/ECF User Signatures

In the case of documents requiring multiple signatures, such as stipulations, the CM/ECF User shall more...

Documents Requiring Signatures Other Than CM/ECF Users

In the case of documents requiring signatures other than the attorneys of record, the CM/ECF User sh more...

Additional Requirements

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

Supporting and Opposing Affidavits Under the FRCP

more...

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

Deposition Testimony

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

Objections to Evidence

Opposition papers may include objections to the evidence relied upon by the moving party.Customarily 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 F more...

Service and Filing -- Timing

Discovery motion papers must be filed with the clerk at least twenty-one (21) days before the hearin 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

Electronic Filing Required in Most Cases

Except as specifically provided for in General Order 08-02, all civil and criminal cases are subject more...

In all cases subject to electronic filing, all documents required to be filed with the Clerk must be more...

Filing Documents Electronically

For updated information regarding electronic (and traditional) filing requirements, Central Distric more...

Courtesy Paper Copies

Mandatory chambers paper copies of all electronically filed documents must be delivered to the chamb more...

Service of Pleadings and Documents Filed Electronically

Upon the electronic filing of a document, a Notice of Electronic Filing (NEF) is automatically gener more...

Orders or other documents electronically filed by the Court will be served on attorneys only by the more...

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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 tim more...

Method of Service

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

Appearance

Counsel for both parties must be present at the hearing and familiar with the case. Failure to appea more...

Preparation of Order

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

Cooperation of Counsel

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

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