Judge Marty Fulgueira Elfenbein
Individual Rules, Standing Orders & Policies
Document Filing Requirements9 rules
Machine summary. Not checked yet.Mandatory?
If a party believes that a request is vague, the party shall attempt to obtain clarification prior to objecting on this ground.
Summary: Must seek clarification before objecting to vague discovery requests.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
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.
Summary: Conclusory objections to discovery requests are prohibited; must explain specific grounds.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
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.
Summary: Must produce discovery within undisputed scope when objecting to overly broad requests.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
Further, the production of nonprivileged materials should not be delayed while a party is preparing a privilege log.
Summary: Nonprivileged materials must be produced without delay while preparing privilege log.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
If a general objection of privilege is made without attaching a proper privilege log, the objection of privilege may be deemed waived.
Summary: Privilege objections without proper privilege log may be deemed waived.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
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.
Summary: Privilege objections must identify specific nature, subject matter, sender, receiver, and relationship.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
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.
Summary: Party asserting privilege must present sworn evidence to support claim if necessary.
Document Type
Privilege Claim
Machine summary. Not checked yet.Mandatory?
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.
Summary: Objections must state whether responsive materials are being withheld.
Document Type
Discovery Response
Machine summary. Not checked yet.Mandatory?
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.
Summary: Objecting then answering "notwithstanding" is prohibited as it preserves nothing.
Document Type
Discovery Response
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.
Machine summary. Not checked yet. · Civil cases