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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-30
Status Open
Type Torts|Malpractice Other
Docket 62 entries

Parties

Plaintiff Cheung, Susan|Cheung, A Minor, Christopher
Defendant Thomas B Pushak Dentist And Owner Of Family Dentistry Lexington Ma|Carol Pushak Wife Of Thomas Pushak & Office Manager Of Family Dentistry Lexington Ma|Puschak, Thomas B.|Puschak, Carol

Lawyers

Docket Entries

  1. Attorney appearance On this date Pro Se added for Plaintiff Susan Cheung
  2. Attorney appearance On this date Pro Se added for Plaintiff Christopher Cheung, A Minor
  3. Case assigned to: DCM Track A - Average was added on 12/30/2022
  4. Original civil complaint filed.
  5. Civil action cover sheet filed.
  6. Demand for jury trial entered.
  7. Service Returned for Defendant Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA: Service made at last and usual; Thomas Puschak, on 1/4/2023, at 15 Saddle Club Road, Lexington, MA 02420
  8. Service Returned for Defendant Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA: Service made at last and usual; Carol Puschak, on 1/4/2023, at 15 Saddle Club Road, Lexington, MA 02420
  9. Defendants Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA, Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA's Notice of appearance
  10. Defendants Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA, Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA's Notice of superior court rule 9E service.
  11. Attorney appearance On this date Vincent P Dunn, Esq. added for Defendant Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA
  12. Attorney appearance On this date Vincent P Dunn, Esq. added for Defendant Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA
  13. Attorney appearance On this date Juliana M Mieles, Esq. added for Defendant Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA
  14. Attorney appearance On this date Juliana M Mieles, Esq. added for Defendant Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA
  15. Susan Cheung, Christopher Cheung, A Minor's request for Default 55(a) Applies To: Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA (Defendant); Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA (Defendant)
  16. Entered as to: Defendant Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA: Defaulted by 55(a) request;
  17. Entered as to: Defendant Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA: Defaulted by 55(a) request; See Paper#7
  18. Document: A Default order Mass. R. Civ. P. 55(a) was generated and sent to: Plaintiff: Susan Cheung 8 Fayette Road, Bedford, MA 01730 Plaintiff: Christopher Cheung, A Minor 8 Fayette Road, Bedford, MA 01730 Defendant, Attorney: Vincent P Dunn, Esq. Hamel, Marcin, Dunn, Reardon and Shea, P.C. 350 Lincoln St Suite 1101, Hingham, MA 02043 Defendant, Attorney: Juliana M Mieles, Esq. Hamel, Marcin, Dunn,Reardon and Shea, P.C. 350 Lincoln St Suite 1101, Hingham, MA 02043 Defendant, Attorney: Vincent P Dunn, Esq. Hamel, Marcin, Dunn, Reardon and Shea, P.C. 350 Lincoln St Suite 1101, Hingham, MA 02043 Defendant, Attorney: Juliana M Mieles, Esq. Hamel, Marcin, Dunn,Reardon and Shea, P.C. 350 Lincoln St Suite 1101, Hingham, MA 02043
  19. Defendants Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA, Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA's EMERGENCY Motion to vacate the order of default based on lack of service and the timely filings of 9E notices of motion to strike complaint and motion for more definitive statement.
  20. Endorsement on Motion of Defendants, Thomas Puschak and Carol Puschak to Vacate the Order of Default Based on Lack of Service and the Timely Filings of 9E Notices of Motion to Strike Complaint and Motion For More Definite Statement (#8.0): ALLOWED Default shall be removed forthwith. (Dated: 1-31-23) notice sent 2/1/23
  21. Plaintiffs Susan Cheung, Christopher Cheung, A Minor's Motion to extend answers to defendants' response and opposition to defendant's motions.
  22. Amended: amended complaint filed by Susan Cheung
  23. Party status: Defendant Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA: Inactive;
  24. Party status: Defendant Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA: Inactive;
  25. Endorsement on Complaint to Leave Defendants' Name on Top, Remove All Other Things (#10.0): Other action taken The Plaintiffs' Amended Complaint is struck per Mass. R. Civ. P. 15 as the Defendants' Motion to Strike & Defendants' Motion for a more Definite Statement are currently pending pursuant to Superior Court R. 9A procedure. The Plaintiffs may file a Motion Requesting to Amend the Complaint pursuant to R. 9A procedure. So ordered. (Dated: 2/6/23) notice sent 2/8/23
  26. Defendants Thomas B. Puschak, Carol Puschak's Motion to strike and(1) Impound the Complaint of the Plaintiffs, Susan Chueng and Christopher Chueng and (2)for an Order requiring the Plaintiff to Comply with Mass. Gen.L.Ch.231, §60C,(3) Or IN The Alternative, for a More Definite Statement Pursuant to Mass. R. Civ.P.12(e)
  27. Opposition to Defendants' Motion to strike and Impound the Complaint of the Plaintiffs, Susan Chueng and Christopher Chueng filed by Applies To: Cheung, Susan (Plaintiff)
  28. Defendants Thomas B. Puschak, Carol Puschak's Motion for a More Definite Statement Pursuant to Mass. R. Civ.P.12(e)
  29. Thomas B. Puschak, Carol Puschak's Memorandum of Law in support of its Motion for a More Definite Statement Pursuant to Mass. R. Civ.P.12(e)
  30. Opposition to Plaintiffs' Motion for a More Definite Statement Pursuant to Mass. R. Civ.P.12(e) filed by Applies To: Cheung, Susan (Plaintiff)
  31. Response to Defendants' Memorandum of Law in support of its Motion for a more definite Statement Pursuant to Mass. R. Civ.P.12(e) filed by Applies To: Cheung, Susan (Plaintiff)
  32. Exhibits/Appendix Applies To: Cheung, Susan (Plaintiff)
  33. Affidavit of compliance with Superior Court Rule 9A Applies To: Dunn, Esq., Vincent P (Attorney) on behalf of Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA, Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA (Defendant)
  34. ORDER: ON DEFENDANTS' MOTION TO STRIKE AND IMPOUND COMPLAINT, OR IN THE ALTERNATIVE FOR A MORE DEFINITE STATEMENT: The defendants, who run a dental practice, have filed a motion to strike the pro-se plaintiffs' complaint. The defendants have also asked this court to order the plaintiff to comply with G.L. c. 231, § 60C, which prohibits the inclusion of a monetary amount claimed in a complaint against a health care provider, and § 60L, which requires the plaintiffs to provide 182 days written notice before an action against a health care provider is commenced. The plaintiffs oppose the motions, which were pled under Superior Court Rule 9A procedure. Upon consideration of the pleadings filed, the opposition to the defendants' motions and voluminous attachments thereto, and the appropriate legal standards, the defendants' motions are ALLOWED. Count I (entitled "Mal Practice to Christopher Cheung, abuse him and made his teeth missing; a Minor at the time), paragraphs 12-14 in Count II relating to malpractice (Malpractice and Sexual Assault to Susan Cheung), and Count V (Intend to Direct Wrong Way to Use Fluoride toothpaste, Poison Christopher), which allege medical malpractice claims, shall be struck for failure to comply with the notice requirements of G.L. c. 231, § 60L. As to the paragraphs 15-19 of Count II, relating to a sexual assault allegation by Susan Cheung, Count III (entitled, "Child Pedophiles, Abuse and Damage Christopher Cheung's Life"), and Count IV (entitled, "Fraud Claim to Insurance company, disturb our Insurance, Collect Fraud money and refuse to correct to Delta Dental Insurance Company. Also Cheated on Health Advocate"), the plaintiffs are ordered pursuant to Mass.R.Civ.P. 12(e) to file a more definite statement setting forth the legal claims the plaintiffs intend to pursue and the legal theories under which they seek to recover. The monetary amount sought by the plaintiffs shall be struck from the complaint. The complaint and pleadings, as well as the documents submitted by the plaintiffs as attachments to the pleadings or otherwise filed with the court shall be impounded from public inspection for a period of ten years, until February 17, 2033. The impoundment order is entered upon consideration of the nature of sexual assault allegations, and the large volume of medical records containing personal healthcare information of the plaintiffs, photographs, and personal identifying information. The plaintiff, Christopher Cheung, according to the medical records submitted by the plaintiffs, appears to be a twenty-two-year-old adult, not a minor child. Susan Cheung is not permitted to represent her adult son pro se, as that would constitute an unauthorized practice of law by a non-attorney. SO ORDERED THIS 17th day of February 2023. Sarah W. Ellis Justice of the Superior Court Entered and copies sent 2/17/23 Judge: Ellis, Hon. Sarah Weyland
  35. Plaintiff's Notice of intent to file motion Motion to Stay to extend additional 7 months to file notice to Defendants Thomas Puschak and Carol Puschak to comply with Mass. Gen.L.CH.231,§60C and (2) Motion to Amend Complaint to remove dollar amount after notice to the notice to Defendants Thomas Puschak and Carol Puschak to comply with Mass. Gen.L.CH.231,§60C Applies To: Cheung, Susan (Plaintiff)
  36. Plaintiff Susan Cheung's EMERGENCY Motion to Stay additional seven months to file Notice to comply with Mass. Gen.L.CH.231,§60C
  37. Endorsement on Motion to Stay additional seven months to file Notice to comply with Mass. Gen.L.CH.231,§60C (#15.0): DENIED This Motion does not comply with Superior Court Rule 9A and is DENIED. SO ORDERED. Dated: February 27, 2023 and notices mailed Judge: Ellis, Hon. Sarah Weyland
  38. Plaintiff Susan Cheung, Christopher Cheung, A Minor's Motion to Correct Defendants as Thomas B Puschak and Carol Puschak
  39. Affidavit of compliance with Superior Court Rule 9A Applies To: Cheung, Susan (Plaintiff); Cheung, A Minor, Christopher (Plaintiff)
  40. Defendants Thomas B. Puschak, Carol Puschak's Notice of Service of Motion to Strike the Complaint
  41. Endorsement on Motion to Correct Defendants as Thomas B Puschak and Carol Puschak (#16.0): DENIED Not compliant with Superior Court Rule 9A. Dated: March 3, 2023 and notices mailed Judge: Ellis, Hon. Sarah Weyland
  42. Opposition to to Motions of the Defendant's Thomas Puschak and Carol Puschak to Strike the Complaint of the Plaintiffs, Susan Cheung and Christopher Cheung for Future to Comply with Rule 12(e) Order filed by Susan Cheung
  43. Plaintiff Susan Cheung's Motion to Demand Defendants in compliant with Superior Court Rule 9A
  44. Defendants Thomas B. Puschak, Carol Puschak's Motion to strike the Complaint of Plaintiffs, Susan Cheung and Christopher Cheung for failure to comply with Rule 12(E) Order
  45. Opposition to Defendants' Motion to strike the Complaint of Plaintiffs, Susan Cheung and Christopher Cheung for failure to comply with Rule 12(E) Order filed by Applies To: Cheung, A Minor, Christopher (Plaintiff)
  46. Certificate of service of attorney : Applies To: Mieles, Esq., Juliana M (Attorney) on behalf of Carol Pushak Wife of Thomas Pushak & Office Manager of Family Dentistry Lexington MA, Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA (Defendant)
  47. Opposition to 2 to Motions of Defendants Thomas Puschak and Carol Puschak to Strike the Complaint of the Plaintiffs, Susan Cheung and Christoper Cheung For Failure to Comply with Rule 12(e) Order filed by Susan Cheung, Christopher Cheung, A Minor
  48. Endorsement on Statement of Oppositions to Motions of Defendants Thomas Puschak and Carol Puschak to Strike the Complaint of the Plaintiffs, Susan Cheung and Christopher Cheung for Future to Comply with Rule 12(e) Order (#18.0): DENIED The opposition of the Plaintiffs is denied. As previously ruled the Plaintiffs are required to provide notice to the opposing party pursuant to Superior Court R. 9A of any motions filed. (Dated: 3/14/23) notice sent 3/14/23 Judge: Ellis, Hon. Sarah Weyland
  49. Endorsement on Motion to Demand Defendants in Compliant with Superior Court Rule 9A Especially Section 5 (#19.0): DENIED To the extent this is a motion by the Plaintiffs to strike the pleadings of the Defendants, the Motion is Denied. (Dated: 3-14-23) notice sent 3/14/23 Judge: Ellis, Hon. Sarah Weyland
  50. Plaintiff Susan Cheung's Motion for Clarification for the deny of oppositions to Motion of Defendants to Strike the Complaint
  51. Plaintiff Susan Cheung's Motion for Clarification for the Deny of Motion to Demand Defendants in compliant with Superior Court rule 9A
  52. Endorsement on Submission of Oppositions 2 To Motions of Defendants Thomas Puschak and Carol Puschak To Strike the Complaint of the Plaintiffs, Susan Cheung and Christopher Cheung For Failure to Comply with Rule 12(e) Order (#21.0): Other action taken Upon review of the Plaintiff's opposition, the Court's orders stand. (Dated: 3/16/23) notice sent 3/16/23
  53. Plaintiff Susan Cheung, Christopher Cheung, A Minor's Motion to strike the Defendants March 2nd motion and affidavit
  54. Plaintiffs Susan Cheung, Christopher Cheung, A Minor's Motion to Request Exemption From 60L Compliance
  55. Plaintiffs Susan Cheung, Christopher Cheung, A Minor's Motion for Clarification of Denial the Motion for Additional Seven Months to File Notice to Comply with Mass. Gen. L. Ch. 231
  56. Plaintiffs Susan Cheung, Christopher Cheung, A Minor's Motion to Recuse Judge Sarah Ellis
  57. Plaintiff Susan Cheung's Motion to File Amended Complaint (with proposed amended complaint)
  58. Plaintiff Susan Cheung's Motion to Court order for legal theories
  59. Affidavit of compliance with Superior Court Rule 9A Applies To: Cheung, Susan (Plaintiff)
  60. Endorsement on Motion of Defendants, Thomas Puschak and Carol Puschak to Strike the Complaint of the Plaintiffs, Susan Cheung and Christopher Cheung for Failure to Comply with Rule 12(E) Order (#20.0): ALLOWED Upon consideration of all the Pleadings filed, and the appropriate legal standards, the Defendants' Motion to Strike the Complaint of Plaintiffs Susan Cheung & Christopher Cheung for Failure to Comply w/ R. 12(e) order is hereby Allowed. The Court did not take action on this motion when filed. The Court allowed the Plaintiffs additional time to comply with the 2/17/23 Order under Mass. R. Civ. P. 12(e) (30 business days.) The Plaintiffs have failed to comply with Court's 2/17/23 orders. In the interests of justice & pursuant to Mass. R. Civ. P. 12(e) the Plaintiffs' complaints are struck in their entirety. So ordered this 31st day of March 2023. Judge: Ellis, Hon. Sarah Weyland
  61. Judgment. It is ORDERED and ADJUDGED:: That the Defendants motion to strike the complaint of the plaintiffs for failure to comply with Rule 12(e) order having been allowed, the within matter is hereby DISMISSED.
  62. Plaintiff Susan Cheung, Christopher Cheung, A Minor's Motion to Reconsider the Case 2281CV04359 as Amended Complaint filed March 8th, 2023

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