` ' SUPERIOR CO
`BARNSTABLEeu
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`NOV 29 2029
` CGQMMONWEALTH OF MASSACHUSETTS
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`SUPERIOR COURT
`CIVIL ACTION
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`No. 2172CV00202
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`EDWARD J. DUNN AND ELEANOR J. DUNN
`PLAINTIFF
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`V.
`BROUKIAN,M.D.,DAVIDC,LeppLa,M.D,
`PETER D, Bosco, M.D., SHANT O.
`AND CAPE CoD HOSPITAL
`DERENDANT
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`PLAINTIFFS’ MOTION FOR A RULE 16 CONFERENCE AND ASSIGNMENT OF A
`TRIAL DATE DUE TO ADVANCED AGE OF PLAINTIFFS UNDER MGL 231
`SECTION 59F
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`Now comethe Plaintiffs, Edward Dunn and‘Eleanor Dunn, who hereby respectfully
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`request the scheduling of a Status Conference pursuant to Mass.R.Civ.P. Rule 16 for the
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`assignment ofa trial date. Furthermore, becausethe plaintiff Dr. Edward Dunn, born September
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`21, 1938 andis currently of advanced age at 84 years old, the plaintiffs, through their attorney,
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`hereby request assignmentof a speedy trial under MGL 231 section 59F seeking to advance the
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`proceedings so that it may be heard and determined with aslittle delay as possible due to
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`plaintiff's advanced age.
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`In support of this motion, the Plaintiffs state the following:
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`This is a medical malpractice action that wasfiled on April 20, 2021. Per the tracking order,
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`discovery is to be completed by May 2023. The Plaintiffs’ counsel has noticed the defendants’
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`depositions four times and each time they have been taken off with no new date offered by their
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`counsel. Dr. Dunn wishes to attend these depositions and as a namedparty is entitled to do so.
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`In this case, the Plaintiffs allege that the medical care and treatment rendered to Dr. Dunn
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`by the Defendants, fell below the accepted standard of care at the time for the average qualified
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