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` ' SUPERIOR CO
`BARNSTABLEeu
`
`
`
`
`NOV 29 2029
` CGQMMONWEALTH OF MASSACHUSETTS
`
`SUPERIOR COURT
`CIVIL ACTION
`
`No. 2172CV00202
`
`EDWARD J. DUNN AND ELEANOR J. DUNN
`PLAINTIFF
`
`V.
`BROUKIAN,M.D.,DAVIDC,LeppLa,M.D,
`PETER D, Bosco, M.D., SHANT O.
`AND CAPE CoD HOSPITAL
`DERENDANT
`
`Allyet -
`Tr tak Roolga witt [ Coat Speerb’s
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`(seperer ext R.1307)
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`I),
`
`PLAINTIFFS’ MOTION FOR A RULE 16 CONFERENCE AND ASSIGNMENT OF A
`TRIAL DATE DUE TO ADVANCED AGE OF PLAINTIFFS UNDER MGL 231
`SECTION 59F
`
`Now comethe Plaintiffs, Edward Dunn and‘Eleanor Dunn, who hereby respectfully
`
`request the scheduling of a Status Conference pursuant to Mass.R.Civ.P. Rule 16 for the
`
`assignment ofa trial date. Furthermore, becausethe plaintiff Dr. Edward Dunn, born September
`
`21, 1938 andis currently of advanced age at 84 years old, the plaintiffs, through their attorney,
`
`hereby request assignmentof a speedy trial under MGL 231 section 59F seeking to advance the
`
`proceedings so that it may be heard and determined with aslittle delay as possible due to
`
`plaintiff's advanced age.
`
`In support of this motion, the Plaintiffs state the following:
`
`This is a medical malpractice action that wasfiled on April 20, 2021. Per the tracking order,
`
`discovery is to be completed by May 2023. The Plaintiffs’ counsel has noticed the defendants’
`
`depositions four times and each time they have been taken off with no new date offered by their
`
`counsel. Dr. Dunn wishes to attend these depositions and as a namedparty is entitled to do so.
`
`In this case, the Plaintiffs allege that the medical care and treatment rendered to Dr. Dunn
`
`by the Defendants, fell below the accepted standard of care at the time for the average qualified
`
`

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