CA-ND — Meet and Confer

N.D. Cal. defines "meet and confer" specifically in the local rules and enforces the requirement strictly for discovery disputes. Individual judges often impose broader meet-and-confer requirements by standing order.

Definition of "Meet and Confer" (Civil L.R. 1-5(n))

"'Meet and confer' or 'confer' means to communicate directly and to discuss in good faith the issue(s) required under the particular Rule or order. Unless these Local Rules otherwise provide or a Judge otherwise orders, such communication may take place by telephone. The mere sending of a written, electronic, or voice-mail communication, however, does not satisfy a requirement to 'meet and confer' or to 'confer.' Rather, this requirement can be satisfied only through direct dialogue and discussion — either in a face to face meeting or in a telephone conversation."

Discovery Disputes — Mandatory Pre-Motion Conference (Civil L.R. 37-1(a))

"The Court will not entertain a request or a motion to resolve a disclosure or discovery dispute unless, pursuant to Fed. R. Civ. P. 37, counsel have previously conferred for the purpose of attempting to resolve all disputed issues. If counsel for the moving party seeks to arrange such a conference and opposing counsel refuses or fails to confer, the Judge may impose an appropriate sanction, which may include an order requiring payment of all reasonable expenses, including attorney's fees, caused by the refusal or failure to confer."

Intervention During Discovery Events (Civil L.R. 37-1(b))

"If a dispute arises during a discovery event the parties must attempt to resolve the matter without judicial intervention by conferring in good faith. If good faith negotiations between the parties fail to resolve the matter, and if disposition of the dispute during the discovery event likely would result in substantial savings of expense or time, counsel or a party may contact the chambers of the assigned District Judge or Magistrate Judge to ask if the Judge is available to address the problem through a telephone conference during the discovery event."

Practice Note

The local rules do not require a meet-and-confer before filing substantive motions (such as motions to dismiss or motions for summary judgment) — that requirement exists only for discovery motions. However, many N.D. Cal. judges require pre-filing conferences by standing order before certain non-discovery motions. Always check the assigned judge's standing orders before filing any motion.