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NO WRITTEN DISCOVERY MOTIONS

Wednesday, July 19, 2017

The following information is also available via Judges' Info----->Benchbook----->Discovery

NO WRITTEN DISCOVERY MOTIONS

HONORABLE CATHLEEN D. PARKER

NOTICE TO PRACTITIONERS

 

In order to ensure expedited and inexpensive resolution of discovery disputes, the court adopts a streamlined “no written discovery motion” procedure consistent with FED. R. BANKR. P. 7026-7037 and 9014(c), and WYO LBR Rules 7016-1 and 7026-1. This is to provide parties with an opportunity to be heard on such matters within a reasonable time. The process of drafting, filing and litigating written discovery motions, including but not limited to responses, replies and briefs, delays adjudication on the merits at great time and expense to the parties.

Effective immediately, no written discovery motions will be permitted, with the limited exception of motions for protective orders pursuant to FED. R. CIV. P. 26(c) as circumstances demand. The court will address discovery disputes with a hearing, rather than by formal written motions. The following procedure shall apply to discovery disputes arising in connection with adversary proceedings, contested matters and Rule 2004 examinations before this division:

  1. If there is a discovery dispute, parties must confer in a meaningful way to resolve issues prior to requesting a discovery hearing.
  2. If the parties cannot resolve the dispute, parties shall send a joint email to the court at cdp_courtroom@wyb.uscourts.gov during normal business hours to schedule a hearing. The parties must provide a minimum of seven days’ notice to schedule a discovery hearing.
  3. The discovery dispute will be argued and resolved at the hearing, or taken under advisement with a prompt ruling by the Court. The parties and counsel shall participate by telephone unless otherwise authorized by the Court.  Parties to a scheduled teleconference hearing are responsible to call the Court to participate in the hearing. Five minutes before the scheduled hearing time, parties shall call 1-571-353-2301, the Caller ID is 064964686.  Hearings may be a stacked setting or overlap. In those circumstances, please remain silent until your case is called. The courtroom deputy will take roll call prior to the hearings.
  4. The parties shall each file a one page report five days before the scheduled hearing, identifying the discovery issue(s) in dispute without elaboration or argument. The report may contain citations to critical supporting legal authority. DO NOT file any written motion, briefs, and copies of written discovery or other attachments unless expressly requested by the court.

This policy shall remain in effect as an interim measure until further notice.