Opinion
Case No. CV 01-10905-RSWL(CTx)
January 7, 2003
PROCEEDINGS (IN CHAMBERS)
The magistrate judge is in receipt of defendants' ex parte application for order granting leave to take plaintiff's deposition, an incarcerated prisoner. The motion is DENIED without prejudice and taken off calendar.
Discovery disputes should be brought to the attention of the court pursuant to the requirements of Local Rule 37. Unless there is an extreme emergency which was not created by the litigant who is bringing the application, strict compliance with the local rules is required and discovery disputes must be brought to the attention of the court by way of joint stipulation, not ex parte application. Local Rule 37-2.
Counsel are ordered to meet and confer within 3 court days of this order to discuss the dispute, attempt to agree to a resolution of the dispute and failing that to discuss their competing positions and the authority in support of their competing positions. The joint stipulation, if any disputes remain, should be prepared at the meeting or shortly thereafter. Otherwise, a stipulated proposed order should be filed promptly filed with the court.
The parties are cautioned that they are required to cooperate with reasonable discovery requests and the procedures set out in the rules. Failure to do so risks the imposition of sanctions. Local Rule 37-4.
Any request to change a scheduling order set by the district judge must be made to the district judge. Such a request should be captioned, "Request To Change The District Judge's Scheduling Order."
If the matter is placed back on calendar, 21 days' notice is required. Local Rule 37-2.2. If the district judge has not extended the discovery cut-off date, the joint stipulation may include a request to shorten time to hear this motion.