207 CMR, § 15.07 - Initial Status Conference

(1) Nine days after the answer is filed, Department staff will hold an initial status conference at which time discovery issues (including discovery disputes) can be discussed. Parties that seek additional discovery beyond that contained in the initial pleading cycle shall request such additional discovery in a filing made with the Department two days prior to the initial status conference.

(2) If a complainant replies to an affirmative defense in a pre-initial-status-conference filing, it shall include in that filing the information identifying individuals with firsthand knowledge of the facts alleged in the reply. An Accelerated Docket complainant that replies to an affirmative defense in its pre-status-conference filing also shall serve on the respondent, at the same time as that filing, those documents in the complainant's possession, custody, or control that were not previously produced to the respondent and that are likely to bear significantly on the issues raised in the reply.

(3) Prior to the initial status conference, the parties shall confer, either in person or by telephone, regarding:

(a) Discovery to which they can agree;

(b) Facts to which they can stipulate; and

(c) Factual and legal issues in dispute.

(4) Two days before the status conference, parties shall submit to Department staff a joint statement of:

(a) The agreements that they have reached with respect to discovery;

(b) The facts to which they have agreed to stipulate; and

(c) The disputed facts or legal issues of which they can agree to a joint statement.

(5) Two days before the status conference, each party also shall also submit to Department staff a separate statement which shall include, as appropriate, the party's statement of the disputed facts and legal issues of which the parties cannot agree in the proceeding and any additional discovery that the party seeks. A complainant that wishes to reply to a respondent's affirmative defense shall do so in its pre-initial-status-conference filing. A party that intends to rely on expert evidence shall include its expert statement in its pre-initial-status-conference filing.

Notes

207 CMR, § 15.07

Adopted by Mass Register Issue 1347, eff. 9/8/2017.