Cheung, Susan Et Al Vs. Thomas B Pushak Dentist And Owner Of Family Dentistry Lexington Ma Et Al

Civil action cover sheet filed.

Original civil complaint filed.

Plaintiff Susan Cheung, Christopher Cheung, A Minor's Motion to strike the Defendants March 2nd motion and affidavit

Plaintiff Susan Cheung's EMERGENCY Motion to Stay additional seven months to file Notice to comply with Mass. Gen.L.CH.231,§60C

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)

Affidavit of compliance with Superior Court Rule 9A Applies To: Cheung, Susan (Plaintiff); Cheung, A Minor, Christopher (Plaintiff)

Plaintiff Susan Cheung's Motion for Clarification for the deny of oppositions to Motion of Defendants to Strike the Complaint

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

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)

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

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

Plaintiff Susan Cheung's Motion for Clarification for the Deny of Motion to Demand Defendants in compliant with Superior Court rule 9A

Plaintiff Susan Cheung, Christopher Cheung, A Minor's Motion to Correct Defendants as Thomas B Puschak and Carol Puschak

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

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

Plaintiffs Susan Cheung, Christopher Cheung, A Minor's Motion to Request Exemption From 60L Compliance

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

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)

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

Plaintiff Susan Cheung's Motion to Demand Defendants in compliant with Superior Court Rule 9A

Defendants Thomas B. Puschak, Carol Puschak's Notice of Service of Motion to Strike the Complaint

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

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

Plaintiffs Susan Cheung, Christopher Cheung, A Minor's Motion to Recuse Judge Sarah Ellis

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.

Endorsement on Motion of Plaintiffs to Reconsider the Case 2281CV04359 as Amended Complaint Filed March 8th 2023 (#31.0): DENIED The Plaintiffs' Motion to Reconsider is DENIED for failure to comply with Superior Court Rule 9A. The Plaintiffs' 9A Affidavit is insufficient as to this motion. It is facially apparent to this court that the instant, undated motion, filed electronically on April 1, 2023 in response to the Court's ruling on March 31, 2023 has not been served on the Defendants under the procedures mandated by Superior Court Rule 9A. Additionally, Susan Cheung, as a non-lawyer, pro se plaintiff, is prohibited by law from representing plaintiff Christopher Cheung, an adult. Christopher Cheung, if he wishes to proceed pro-se, is required to sign personally any pleading he wishes to file on his own behalf. So ordered this 5th day of April 2023. (notice sent 4/5/23) Judge: Ellis, Hon. Sarah Weyland

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

Affidavit of compliance with Superior Court Rule 9A Applies To: Cheung, Susan (Plaintiff)

Plaintiff Susan Cheung's Motion to Court order for legal theories