MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION

NO. 99-BEM-2634

WILLIAM SILVERSTEIN,  Plaintiff

v.

MICROSYSTEMS SOFTWARE, INC., THE LEARNING COMPANY, INC., MATTEL INC, Respondents

MOTION FOR TO DEFAULT RESPONDENTS




I hereby request that in accordance with 804 CMR 1.13(5)(d) the Respondents, be defaulted for non-attendance at the hearing. According to Commission rules, 804 CMR 1.13(5)(d),

"A party who appears at the conference exclusively through an attorney or other representative unfamiliar with the events at issue shall be deemed to have failed to attend."

Therefore, the respondents have failed to attend.

Irwin Schwartz, attorney for the respondents admitted that he was totally unfamiliar with the events at issue in this case. It would appear the respondents engaged an attorney who is unfamiliar with this case. (1) Since 1996, the respondents engaged Michael Rosen of Foley Hoag & Elliot, to handle the litigation that forms the basis of the current charge.


Even if the respondents were dissatisfied with Rosen's performance, this does not permit them to abrogate their responsibility to comply with 804 CMR 1.13(5)(d). Under 804 CMR 1.13(5)(d) respondents had a duty to send a representative familiar with the facts of the case to the investigative conference.


Furthermore, Schwartz, the new attorney, is required under 804 CMR 1.09(d) to make a reasonable inquiry as to the facts in the case. He did not.

I respectfully implore the Commission enforce their own regulations and default respondents for non-attendance.


Wherefore, I request that the commission default the respondents and make an immediate finding of probable cause. Such sanction and finding of probable cause is appropriate to this case. There is no dispute that I publicly complained of violations of MGL c.151B on my website. The respondents cannot dispute that they filed, and continued, a lawsuit against me of the based upon the complaints on the website, after I filed my complaint against them based on violations for those violation of MGL c.151B.

 

Respectfully submitted,


WILLIAM SILVERSTEIN

Austin, TX 78748