Nascimento v. Harvard Community Health Plan

Massachusetts Superior Court

Nascimento v. Harvard Community Health Plan

2 Mass. L. Rptr. 568

CourtMassachusetts Superior Court

DecidedAugust 17, 1994

DocketNo. 94-2534

StatusPublished

This text of 2 Mass. L. Rptr. 568 (Nascimento v. Harvard Community Health Plan) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nascimento v. Harvard Community Health Plan, 2 Mass. L. Rptr. 568 (Mass. Ct. App. 1994).

Pincite

Opinion

McHugh, J.

Motion #7 of Defendants to Stay Discovery, is DENIED. There is no clean-cut answer to the question of the impact on discovery of administrative inability to meet the 15-day deadline. Under the circumstances of this case, I believe that it would be unj ust to wait any longer. In so saying, I recognize that a negative tribunal finding coupled with an electing by plaintiffs to abandon the action may leave defendants without a source for recovery of the costs. The tribunal statute was designed to cover, nevertheless, in this case. Where time is of the essence, the balance of comparative harm suggests that discovery proceed.

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McHugh, J.

Motion #7 of Defendants to Stay Discovery, is DENIED. There is no clean-cut answer to the question of the impact on discovery of administrative inability to meet the 15-day deadline. Under the circumstances of this case, I believe that it would be unj ust to wait any longer. In so saying, I recognize that a negative tribunal finding coupled with an electing by plaintiffs to abandon the action may leave defendants without a source for recovery of the costs. The tribunal statute was designed to cover, nevertheless, in this case. Where time is of the essence, the balance of comparative harm suggests that discovery proceed.

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Bluebook (online)

2 Mass. L. Rptr. 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nascimento-v-harvard-community-health-plan-masssuperct-1994.