Motion,Ex Parte: Transformative Healthcare Inc vs. Tyler, Patrick Sean

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS. ‘ SUPERIOR COURT DEPARTMENT
BUSINESS LITIGATION SESSION
CIVIL ACTION NO. 2084-CV-02375-
_ BLSI

 

TRANSFORMATIVE HEALTHCARE, INC.
and FALLON AMBULANCE SERVICES, LLC,

Plaintiffs,

PARICK SEAN TYLER and RANDSECO, LLC,

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v. )
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Defendants. )

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MOTION TO STRIKE MATERIALS
SUBMITTED BY PLAINTIFFS IN OPPOSITION TO
DEFENDANTS’ MOTION FOR SUMMARY JUDGME!

 

Pursuant to Rule 56(e) of the Massachusetts Rules of Civil Procedure, Defendants Patritk
Sean Tyler and Randseco, LLC move this Court to strike portions of affidavits and exhibits
submitted by Plaintiffs in support of their Opposition to Defendants’ Motion for Summary
Judgment. As grounds for this Motion, Defendants state that the proposed evidence is
inadmissible and should be struck. ‘

Defendants further move to strike Plaintiffs’ responses to Defendants’ facts that are
beyond the scope of Superior Court Rule 9A(b)(5)(iii)(A), which limits any response to “stating
whether a given fact is disputed and, if so, cit[ation] to the specific evidence.”

WHEREFORE, Defendants Patrick Sean Tyler and Randseco, LLC respectfully request

that this Court:

A. — Allow this Motion;B. Strike exhibits 14, 16, 17, 18, 19 and 20 from the summary judgment record;
Cc. Strike the portions of Plaintiffs’ affidavits that (i) constitute hearsay; (ii) are made

on information and belief, (iii) contain legal or factual conclusions; and/or (iv)
'

comprise speculation and/or conjecture, as identified in Exhibit A to the
accompanying memorandum;

D. Strike all responses to the statement of facts beyond the limitation of Rule 9A, as
identified in Exhibit B to the accompanying memorandum;

E. — Enter summary judgment in Defendants’ favor on all Counts in the Amended
Complaint;

F. Award Defendants all of the costs, expenses and attorneys’ fees they have incurred
in defending the claims asserted against them in this action; and

G. Award Defendants such other and further relief that justice so requires.

Respectfully submitted,

PATRICK SEAN TYLER and
RANDSECO, LLC
By their attorneys,

ts Shepard Davidson
Shepard Davidson (BBO #557082)
sdavidson@burnslev.com
Laura Lee Mittelman (BBO #689752)
Imittelman@pburnslev.com
Burns & Levinson LLP
125 High Street
Boston, MA 02110
617-345-3000
Dated: March 15, 2022|
SUPERIOR COURT RULE 9C CERTIFICATE

1, Laura Lee Mittelman, hereby certify that on March 11, 2022, I conferred with opposing
counsel] by telephone in good faith to narrow the issues raised in this motion.

| /s/ Laura Lee Mittelman

CERTIFICATE OF SERVICE

I, Laura Lee Mittelman, hereby certify that on March 15, 2022 1 served a true and
accurate copy of the foregoing document on the following counsel of record via email and U.S.
Mail.

Michael Boudett, Esq.
James Fullmer, Esq.

Foley Hoag LLP

Seaport West

155 Seaport Boulevard
Boston, MA 02210-2600
mboudett@foleyhoag.com
jfullmer@foleyhoag.com

¢s/ Laura Lee Mittelman