Magistrate Judge Patricia Donahue -- United States District Court, Central District of California

Courtroom 580, 5th Floor, Edward R. Roybal Federal Building and United States Courthouse, Los Angeles

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Key Traps — Where Counsel Gets Caught

1. MANDATORY informal discovery conference via Zoom before any discovery motion may be filed — court may strike motions filed without it
2. IDC request to pdchambers@cacd.uscourts.gov due within ONE business day of the last meet-and-confer, cc opposing counsel
3. IDC email must include: 3 mutually-agreed dates/times, discovery cut-off date, neutral statement of each dispute, and each party's position (≤3 sentences per dispute)
4. Disputes brought to the Magistrate Judge without sufficient time to decide within the District Judge's deadlines will be stricken or denied
5. POSITIVE TRAP: Court ENCOURAGES attorneys ≤5 years out of law school to argue (or handle the lion's share of) the IDC — junior-attorney training opportunity
6. IDC position statements capped at 3 sentences per dispute; citations to pertinent authority permitted within that limit
7. Courtesy copies of e-filed documents NOT required — sole exception is summary judgment motions and oppositions in civil cases
8. Review the District Judge's standing orders and scheduling orders for discovery cutoffs BEFORE bringing anything to Donahue — deadlines drive whether she can hear it

Quick Reference

Topic	Rule
Chambers Copies	Conditional

Procedural Briefing by Motion Type

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At Filing

Chambers Copies

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Before the Hearing

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Background Rules

Discovery Dispute Procedure

Informal Discovery Conference. Discovery disputes often may be resolved without formal motion papers... First, as Local Civil Rule 37-1 requires, the parties must meet and confer and make a good-faith effort to resolve any discovery dispute. Second, if the parties conclude that they have reached an impasse, within 1 business day of the last meet-and-confer, the movant must e-mail the Court at pdchambers@cacd.uscourts.gov seeking a conference with the Court via Zoom to discuss the discovery dispute. The parties are encouraged to permit an attorney of five or fewer years out of law school to conduct the argument (or at least the lion's share) at the informal discovery conference, as this provides opportunities for newer lawyers. [mj-donahue-patricia | discovery_dispute_procedure]

Discovery Motion Process

Discovery Motions. Item 2: Discovery proceedings are to be scheduled before the Magistrate Judge unless otherwise ordered by the District Judge. Counsel should review the procedures and schedules and the standing orders on the Court website for the District Judge assigned to the case, as well as all scheduling orders issued by the District Judge for all provisions relating to discovery, including the cutoff date... Disputes brought to the Magistrate Judge's attention without sufficient time for decision within the deadlines set by the District Judge will be stricken or denied. Item 3: Informal Discovery Conference. Discovery disputes often may be resolved without formal motion papers... the Court requires the parties to follow the procedure below. First, as Local Civil Rule 37-1 requires, the parties must meet and confer and make a good-faith effort to resolve any discovery dispute. Second, if the parties conclude that they have reached an impasse, within 1 business day of the last meet-and-confer, the movant must e-mail the Court at pdchambers@cacd.uscourts.gov seeking a conference with the Court via Zoom to discuss the discovery dispute. The e-mail must include the following: (1) Three separate proposed dates and times mutually agreed upon by the parties for the conference; (2) The discovery cut-off date; (3) A neutral statement of each issue in dispute; and (4) A brief description of each party's position on the dispute(s). Each party's description should be no more than 3 sentences per dispute and may include citations to pertinent authority. The movant must copy opposing counsel on the e-mail. Item 4: The parties are encouraged to permit an attorney of five or fewer years out of law school to conduct the argument (or at least the lion's share) at the informal discovery conference, as this provides opportunities for newer lawyers. Item 5: No discovery motion may be filed until the Court has conducted an informal discovery conference, unless the movant has obtained leave of Court sought by an ex parte application. The Court may strike any discovery motion filed in violation of this Rule and Procedure. [mj-donahue-patricia | discovery_motion_process]

Sources & Currency

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