I've had this come up a couple of times lately, and an opinion came out on Friday that addresses it.
Here is an example scenario: Each side has a discovery dispute. The Court sets a briefing schedule with opening, answering, and reply 3-page briefs. Can each side spend half of its opening brief pre-briefing the other side's issues? Should they?
Judge Fallon resolved this on Friday with a clear "No". You wait for the other side to file their brief, and then respond:
ORAL ORDER re 49 Joint Motion for Discovery …
