D. Mass. L.R. 37.1

(a) Obligation to Confer. Before filing any discovery motion, including any motion for

sanctions or for a protective order, counsel for each of the parties shall confer in good faith

to narrow the areas of disagreement to the greatest possible extent. It shall be the

responsibility of counsel for the moving party to arrange for the conference. Conferences

may be conducted over the telephone. Failure of opposing counsel to respond to a request

for a discovery conference within 7 days of the request shall be grounds for sanctions,

which may include automatic allowance of the motion.

(b) Motions. If (1) opposing counsel has failed to respond to a request for a discovery

conference within the 7 day period set forth in subsection (a), (2) opposing counsel has

failed to attend a discovery conference within 14 calendar days of the request, or (3)

disputed issues are not resolved at the discovery conference, a dissatisfied party may file a

motion and supporting memorandum. The motion shall include a certificate in the margin

of the last page that the provisions of this rule have been complied with. The memorandum

shall state with particularity the following:

(1) If a discovery conference was not held, the reasons why it was not;

(2) If a discovery conference was held, the time, date, location and duration of the

conference; who was present for each party; the matters on which the parties

reached agreement; and the issues remaining to be decided by the court;

(3) The nature of the case and the facts relevant to the discovery matters to be decided;

(4) Each interrogatory, deposition question, request for production, request for

admission or other discovery matter raising an issue to be decided by the court, and

the response thereto; and

(5) A statement of the moving party’s position as to each contested issue, with

supporting legal authority, which statement shall be set forth separately

immediately following each contested item.

(c) The opposing party may respond to the memorandum within 14 calendar days after service

thereof. The response, if any, shall conform to the requirements of subsection (b)(5) of this

rule.