Party Discovery: Cheung, Susan et al vs. Thomas B Pushak Dentist and Owner of Family Dentistry Lexington MA et al

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                        COMMONWEALTH             OF MASSACHUSETTS

 MIDDLESEX, SS.                                                        SUPERIOR COURT
                                                             CIVIL ACTION No. 2281CV4359


                SUSAN CHEUNG and CHRISTOPHER CHEUNG, Plaintiffs
                                                 Vv.

                 THOMAS PUSCHAK and CAROL PUSCHAK, Defendants


  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 17" day of February 2023.




                                                                o       - Ellis
                                                               Justice of the Superior Court