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Date Filed 5/14/2024 1:57 PM
Superior Court - Suffolk
Docket Number 2184CV00435
MS 45
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT DEPT.
DOCKET NO. 2184CV00435-BLS1
COMMONWEALTH OF MASSACHUSETTS, )
Plaintiff and Defendant-in-Counterclaim, )
)
Vv. )
DR. MOUHAB Z. RIZKALLAH DDS MSD PC, )
THE BRACES PLACE OF LAWRENCE LLC, )
And MOUHAB Z. RIZKALLAH, DDS,
Defendants and Plaintiffs-in-Counterclaim,
Vv.
MAURA HEALEY, in her individual capacity,
Defendant to the Counterclaim.
DEFENDANT’S MOTION FOR EXTENSION OF PAGE LIMIT
PER SUPERIOR COURT RULE 9A(A)(6)
Defendants Dr. Mouhab Z. Rizkallah DDS MSD PC, the Braces Place of Lawrence LLC,
and Mouhab Z. Rizkallah DDS (“Defendants”) hereby move this Honorable Court to accept a
memorandum in excess of the twenty-page limit as permitted by Superior Court Rule 9A(a)(6). As
reasons therefor, Defendants state:
1 On June 7, 2021, the Commonwealth of Massachusetts (“the Commonwealth”) filed its
sixteen-count Amended Complaint against the Defendants, which has enabled the Commonwealth
to withhold more than $12,000,000 from Defendants. See Docket No. 7.
2. In its answers to interrogatories, the Commonwealth identified Tuyen Vu and Tomaso
Calicchio as individuals who were consulted in connection with providing the answers.
3. On November 15, 2023, counsel for the Defendants took the deposition of Tuyen Vu, and
on December 15, 2023, counsel for the Defendants took the deposition of Tomaso Calicchio, based
Date Filed 5/14/2024 1:57 PM
Superior Court - Suffolk
Docket Number 2184CV00435
on their positions with MassHealth, and because the Commonwealth identified him as supplying
information to its answers to interrogatories.
4. Both depositions were suspended without completion, and the continued depositions have
not yet been scheduled.
5. At both depositions, the Commonwealth took the position that any information related to
the subject matter of this litigation was either attorney-client privileged or subject to the work-
product doctrine and prevented the witnesses from answering many questions.
6. As a result of these unfinished depositions with incomplete answers to Defendants’
questions, Defendants now seek to bring their Motion to Compel Deposition Testimony.
7. The Defendants’ Memorandum of Law in Support of its Motion to Compel is drafted at
twenty-three (23) pages. The additional three pages are needed to sufficiently address Plaintiff's
claims of privilege.
8. Permitting this memorandum would not cause any unjustified delay to this litigation.
WHEREFORE, Defendants respectfully request that this Honorable Court grant this
motion and permit Defendants to submit its supporting memorandum not to exceed twenty-five
pages.
Date Filed 5/14/2024 1:57 PM
Superior Court - Suffolk
Docket Number 2184CV00435
Respectfully submitted,
DR. MOUHAB Z. RIZKALLAH DDS MSD PC,
THE BRACES PLACE OF LAWRENCE LLC,
and MOUHAB Z. RIZKALLAH, DDS,
By their attorneys,
/s/ Emilie Grossman Lyon
Emilie Grossman Lyon (BBO #676239)
Kelly R. Spencer (BBO #560196)
ROSEN & GOYAL, P.C.
204 Andover St., Ste. 402
Andover, MA 01810
978-474-0100
egrossman@rosengoyal.com
kspencer@rosengoyal.com
Dated: May 14, 2024
CERTIFICATE OF SERVICE
I certify that I have served the foregoing document, and any attachments/exhibits thereto,
via email upon Kevin O’Keefe, Esq. and Natalie Rutkowski, Esq., counsel for the Commonwealth
Massachusetts, Assistant Attorneys General, One Ashburton Place, Boston, MA 02108,
kevin.okeefe@mass.gov and natalic.rutkowski@mass.gov on this 14" day of May, 2024.
/s/ Emilie Grossman Lyon
Emilie Grossman Lyon
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Date Filed 5/14/2024 1:57 PM Superior Court - Suffolk Docket Number 2184CV00435 MS 45 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT DEPT. DOCKET NO. 2184CV00435-BLS1 COMMONWEALTH OF MASSACHUSETTS, ) Plaintiff and Defendant-in-Counterclaim, ) ) Vv. ) DR. MOUHAB Z. RIZKALLAH DDS MSD PC, ) THE BRACES PLACE OF LAWRENCE LLC, ) And MOUHAB Z. RIZKALLAH, DDS, Defendants and Plaintiffs-in-Counterclaim, Vv. MAURA HEALEY, in her individual capacity, Defendant to the Counterclaim. DEFENDANT’S MOTION FOR EXTENSION OF PAGE LIMIT PER SUPERIOR COURT RULE 9A(A)(6) Defendants Dr. Mouhab Z. Rizkallah DDS MSD PC, the Braces Place of Lawrence LLC, and Mouhab Z. Rizkallah DDS (“Defendants”) hereby move this Honorable Court to accept a memorandum in excess of the twenty-page limit as permitted by Superior Court Rule 9A(a)(6). As reasons therefor, Defendants state: 1 On June 7, 2021, the Commonwealth of Massachusetts (“the Commonwealth”) filed its sixteen-count Amended Complaint against the Defendants, which has enabled the Commonwealth to withhold more than $12,000,000 from Defendants. See Docket No. 7. 2. In its answers to interrogatories, the Commonwealth identified Tuyen Vu and Tomaso Calicchio as individuals who were consulted in connection with providing the answers. 3. On November 15, 2023, counsel for the Defendants took the deposition of Tuyen Vu, and on December 15, 2023, counsel for the Defendants took the deposition of Tomaso Calicchio, based Date Filed 5/14/2024 1:57 PM Superior Court - Suffolk Docket Number 2184CV00435 on their positions with MassHealth, and because the Commonwealth identified him as supplying information to its answers to interrogatories. 4. Both depositions were suspended without completion, and the continued depositions have not yet been scheduled. 5. At both depositions, the Commonwealth took the position that any information related to the subject matter of this litigation was either attorney-client privileged or subject to the work- product doctrine and prevented the witnesses from answering many questions. 6. As a result of these unfinished depositions with incomplete answers to Defendants’ questions, Defendants now seek to bring their Motion to Compel Deposition Testimony. 7. The Defendants’ Memorandum of Law in Support of its Motion to Compel is drafted at twenty-three (23) pages. The additional three pages are needed to sufficiently address Plaintiff's claims of privilege. 8. Permitting this memorandum would not cause any unjustified delay to this litigation. WHEREFORE, Defendants respectfully request that this Honorable Court grant this motion and permit Defendants to submit its supporting memorandum not to exceed twenty-five pages. Date Filed 5/14/2024 1:57 PM Superior Court - Suffolk Docket Number 2184CV00435 Respectfully submitted, DR. MOUHAB Z. RIZKALLAH DDS MSD PC, THE BRACES PLACE OF LAWRENCE LLC, and MOUHAB Z. RIZKALLAH, DDS, By their attorneys, /s/ Emilie Grossman Lyon Emilie Grossman Lyon (BBO #676239) Kelly R. Spencer (BBO #560196) ROSEN & GOYAL, P.C. 204 Andover St., Ste. 402 Andover, MA 01810 978-474-0100 egrossman@rosengoyal.com kspencer@rosengoyal.com Dated: May 14, 2024 CERTIFICATE OF SERVICE I certify that I have served the foregoing document, and any attachments/exhibits thereto, via email upon Kevin O’Keefe, Esq. and Natalie Rutkowski, Esq., counsel for the Commonwealth Massachusetts, Assistant Attorneys General, One Ashburton Place, Boston, MA 02108, kevin.okeefe@mass.gov and natalic.rutkowski@mass.gov on this 14" day of May, 2024. /s/ Emilie Grossman Lyon Emilie Grossman Lyon