Judge Marty Fulgueira Elfenbein
Individual Rules, Standing Orders & Policies
Document Filing Requirements9 rules
If a party believes that a request is vague, the party shall attempt to obtain clarification prior to objecting on this ground.
Conclusory objections to discovery requests are prohibited; must explain specific grounds.
Court's wording
Parties shall not make conclusory, boilerplate objections. Blanket, unsupported objections that a discovery request is “vague, overly broad, and unduly burdensome” are, by themselves, meaningless, and the Court will disregard them. A party objecting on these bases must explain the specific and particular way in which a request is vague, overly broad, or unduly burdensome.
If there is an objection based on an overly broad scope, such as timeframe or geographic location, discovery should be provided as to those matters within the scope that are not disputed.
Further, the production of nonprivileged materials should not be delayed while a party is preparing a privilege log.
If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.
Privilege objections must identify specific nature, subject matter, sender, receiver, and relationship.
Court's wording
Generalized objections asserting attorney-client privilege or work-product doctrine do not comply with Local Rule 26.1(e)(2)(B), which requires that objections based upon privilege identify the specific nature of the privilege being asserted, the nature and general subject matter of the communication at issue, the sender and receiver of the communication, and their relationship to each other, among other requirements.
Note that the party with the burden of persuasion on a privilege claim has the obligation to present to the Court sworn evidence, if necessary, to satisfy that burden.
- Document
- Privilege claim
Include
- •Sworn evidence if necessary
Objections must state whether responsive materials are being withheld.
Court's wording
Rule 34(b)(2)(C) specifically requires an objection to state whether any responsive materials are being withheld. As a result, counsel shall include in the answer a clear statement that all responsive documents or information identified have, in fact, been produced or provided or otherwise describe the category of documents or information that has been withheld based on the objection.
It has become common practice for a party to object and then state that “notwithstanding the above,” the party will respond to the discovery request subject to or without waiving such objection. Such an objection and answer preserves nothing and constitutes only a waste of effort and resources of both the parties and the Court.
Filing & Service rules
Junior Lawyer Participation Incentives
Junior lawyers (5 years or less experience) may have multiple attorneys argue if notified in advance.
If a lawyer of five (5) or fewer years of experience will be arguing the matter, a party should advise the Court prior to the beginning of the hearing. In that event, the Court will allow multiple lawyers to argue on behalf of that party.
Civil cases