Nolet v. Armstrong et al

Filing 86

Judge F. Dennis Saylor, IV: ORDER entered granting 85 Motion to Dismiss (FDS, law1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
___________________________________________
)
FRANK NOLET,
)
)
Plaintiff,
)
)
v.
)
)
DR. CATHERINA ARMSTRONG, et al.,
)
)
Defendants.
)
___________________________________________)

Civil Action No.
15-11499-FDS

ORDER GRANTING MOTION TO DISMISS
SAYLOR, J.
On December 7, 2017, the Court referred this case to the Suffolk Superior Court for the
purpose of convening a medical malpractice tribunal pursuant to Mass. Gen. Laws ch. 231, §
60B. The tribunal was convened on May 16, 2018, and was attended by the pro se plaintiff and
counsel for all defendants. The tribunal issued a decision on June 14, 2018, finding that plaintiff
failed to present “sufficient evidence to raise a legitimate question as to liability appropriate for
judicial inquiry” as to all named defendants. (Def. Ex. A at 6-7). Because the tribunal found for
defendants, plaintiff could “pursue the claim through the usual judicial process only upon filing
bond in the amount of six thousand dollars.” Mass. Gen. Laws ch. 231 § 60B. “If said bond is
not posted within thirty days of the tribunal’s finding the action shall be dismissed.”
Defendant James Petros has since moved to dismiss the complaint for failure to post the
requisite $6,000 bond. Because more than thirty days have passed since the tribunal issued its
decision and no bond has been posted, the motion to dismiss is GRANTED.

So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor, IV
United States District Judge

Dated: July 18, 2018

2