Zhuang v. Benvie et al

Filing 104

Judge Indira Talwani: ORDER entered ADOPTING 97 REVISED Report and Recommendation; ALLOWING 75 Joint MOTION to Dismiss Plaintiff's Complaint for Failure to Post Statutory Bond; and DENYING 83 MOTION to waive/reduce bond. (DaSilva, Carolina)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
XINRONG ZHUANG,
Plaintiff,
v.
BRIAN J. BENVIE, JR. et al.,
Defendants.

*
*
*
*
*
*
*
*
*

Civil Action No. 14-cv-13076-IT

ORDER
May 4, 2016
TALWANI, D.J.
Upon de novo review, and after considering Plaintiff’s Motion to Oppose the Revised
Recommendation [#103] (hereinafter “Objections”), the court ADOPTS the Magistrate Judge’s
April 6, 2016 revised Report and Recommendation [#97].
Plaintiff’s Objections misconstrue the December 8, 2015 Suffolk County Superior
Court’s ruling regarding the posting of a bond. [#76-24]. That ruling did not excuse Plaintiff
from posting a bond. To the contrary, it states that “Plaintiff is required to file his bond ‘with the
clerk of the court in which the case is pending ….’ G.L. c. 231, § 60B. Whether the Plaintiff has
complied with the statute is a matter for the District Court to decide.” (Emphasis in original).
Accordingly, for the reasons set forth in the Report and Recommendation, the Joint
Motion of the Defendants, TAS-CGSMC, Inc., Steward Health Care System, LLC and UHS of
Pembroke, Inc. d/b/a Pembroke Hospital, to Dismiss Plaintiff’s Complaint for Failure to Post
Statutory Bond [#75] is ALLOWED. Plaintiff’s Motion to Oppose[] the Joint Motion of the Said
Defendants, the TAS-CGSMC, Inc., Steward Health Care System, LLC and UHS of Pembroke,
Inc., d/b/a Pembroke Hospital, and to Request this Court Deny Defendants’ Request to Dismiss

Plaintiff’s Complaint for Failure to Post “Statutory Bond,” and Request this Court Grant to
Waive or Reduce the Bond, and Request for Hearing [#83] is DENIED.
IT IS SO ORDERED.
May 4, 2016

/s/ Indira Talwani
United States District Judge

2