Docstoc

Doc.67

Document Sample
Doc.67 Powered By Docstoc
					Case 1:11-cv-20120-PAS Document 67 Entered on FLSD Docket 10/24/2011 Page 1 of 6



                       IN THE UNITED STATES DISTRICT COURT FOR
                           THE SOUTHERN DISTRICT OF FLORIDA

                          CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

  TRAIAN BUJDUVEANU,

         Plaintiff,

  vs.

  DISMAS CHARITIES, INC., ANA GISPERT,
  DEREK THOMAS and ADAMS LESHOTA

        Defendants.
  _________________________________________/

   DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND
  ADAMS LESHOTA’S REPLY BRIEF IN SUPPORT OF THEIR MOTION TO STRIKE
  PLAINTIFF’S MOTIONS TO COMPEL, SUPPLEMENTAL MOTIONS AND MOTION
                  TO STAY DISCOVERY FROM PLAINTIFF

         Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams,

  incorrectly identified as Adams Leshota (collectively “Defendants”) by and through their

  undersigned counsel, file their Reply Brief in Support of their Motion to Strike Plaintiff’s

  Motions to Compel, Supplemental Motions and Motion to Stay Discovery from Plaintiff and

  state as follows:

         1.      Plaintiff, a former Federal Inmate, has filed a vague and confusing lawsuit against

  his Community Correction Center/Half Way House, Dismas, and three of its employees, Gispert,

  Thomas and Lashanda Adams. The Complaint contains 50 paragraphs of “factual allegations”

  filed by a laundry list of four alleged Federal Theories of Recovery and six alleged state law

  theories of recovery. However, the Plaintiff cannot maintain any State or Federal cause of action

  against any defendant. The Defendants have filed a motion to dismiss the lawsuit which has

  been briefed and pending ruling since June 5, 2011. Defendants believe that the disposition of
Case 1:11-cv-20120-PAS Document 67 Entered on FLSD Docket 10/24/2011 Page 2 of 6


                                              CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

  that Motion will bring and end to this lawsuit and the need for discovery and ruling on the

  Plaintiffs’ discovery motions.

         2.        Plaintiff filed four separate Motions and Supplemental Motions regarding

  Defendants’ discovery response. (See Docket Numbers 53, 58, 60 and 61).The filing of these

  motions has required the Defendants to respond to all motions while their motion to dismiss has

  been pending since June, 2011. This has resulted in significant cost and time to Defendants and

  their counsel.

         3.        The Plaintiff, in filing these discovery Motions, has violated the Order Setting

  Trial Date, Pretrial Deadlines and Referral to Magistrate, docket number 44. The Discovery

  Procedures for Magistrate Simonton, section C, No Written Motions, specifically states that:

         No written discovery motions, including motions to compel and motions for
         protective order shall be filed unless requested by Magistrate Judge
         Simonton. It is the intent of this procedure to minimize the necessity of
         Motions.

         4.        Despite the Court’s order, the Plaintiff continues to file discovery motions to

  compel even though the Magistrate has not requested a motion to compel. Defendants filed a

  Motion to Strike the Plaintiff’s Motions to Compel, as well as a Motion to Stay the Plaintiff from

  filing additional harassing discovery pending ruling on Defendant’s Motion to Dismiss.

         5.        In response to Defendants’ Motion, Plaintiff filed a Response Brief. However,

  the Plaintiff’s Response Brief fails to properly refute the Defendants’ Motion, which

  demonstrates that Plaintiff’s discovery Motions, violated the Order Setting Trial Date, Pretrial

  Deadlines and Referral to Magistrate, docket number 44, Discovery Procedures for Magistrate

  Simonton, section C. Since Plaintiff cannot prove that Magistrate Simonton has requested four

  discovery Motions, the Defendants’ Motion must be granted. As the Plaintiff has improperly




                                                   2
Case 1:11-cv-20120-PAS Document 67 Entered on FLSD Docket 10/24/2011 Page 3 of 6


                                            CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

  filed discovery motions absent any request for a motion from the Magistrate Judge, the Plaintiffs

  Motions (Docket numbers 53, 58, 60 and 61) must be stricken.

         6.     In his Response Brief, the Plaintiff fails to address the points raised in

  Defendants’ Motion. Instead, the Plaintiff improperly attempts to use his Brief as a forum to

  argue his case (Response Brief, p. 3-5). The Plaintiff also improperly makes personal attacks

  against defense counsel. (Response Brief, p. 2-3, paragraphs 8 and 9). The Plaintiff also

  improperly includes confidential settlement discussions between defense counsel and the pro se

  Plaintiff in his Motion. (Response Brief, p. 3, paragraph 9). As these allegations and the

  majority of the Plaintiff’s Response Brief have nothing to do with Defendants’ Motion to Quash

  and Stay, Defendants will not be responding to these irrelevant accusations and incorrect

  remarks.

         7.     Since the Plaintiff has failed to properly rebut the Defendants’ Motion, the

  Motion to Quash and Stay must be granted.




                                                 3
Case 1:11-cv-20120-PAS Document 67 Entered on FLSD Docket 10/24/2011 Page 4 of 6


                                           CASE NO.: 11-20120-CIV-SEITZ/SIMONTON



         WHEREFORE, Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and

  Lashanda Adams, incorrectly identified as Adams Leshota respectfully request that Defendants’

  Motion be granted and that the Court grant any further relief it deems appropriate, including

  sanctions against the Plaintiff.

                                            EISINGER, BROWN, LEWIS, FRANKEL,
                                            & CHAIET, P.A.
                                            Attorneys for Defendants
                                            4000 Hollywood Boulevard
                                            Suite 265-South
                                            Hollywood, FL 33021
                                            (954) 894-8000
                                            (954) 894-8015 Fax

                                            BY:     /S/ David S. Chaiet____________
                                                    DAVID S. CHAIET, ESQUIRE
                                                    FBN: 963798




                                               4
Case 1:11-cv-20120-PAS Document 67 Entered on FLSD Docket 10/24/2011 Page 5 of 6


                                           CASE NO.: 11-20120-CIV-SEITZ/SIMONTON



                                 CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on the 24th day of October, 2011, I electronically filed the
  foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing
  document is being served this day on all counsel of record or pro se parties identified on the
  attached Service List in the manner specified, either via transmission of Notices of Electronic
  Filing generated by CM/ECF or in some other authorized manner for those counsel or parties
  who are authorized to receive electronically Notices of Electronic Filing.

                               __/s/ David S. Chaiet_______________
                               DAVID S. CHAIET, ESQUIRE
                               Florida Bar No. 963798




                                                5
Case 1:11-cv-20120-PAS Document 67 Entered on FLSD Docket 10/24/2011 Page 6 of 6


                                        CASE NO.: 11-20120-CIV-SEITZ/SIMONTON


                                     SERVICE LIST

                   Traian Bujduveanu v. Dismas Charities, Inc., et al.
                      Case No..: 11-20120-CIV-SEITZ/SIMONTON
                 United States District Court, Southern District of Florida


  Traian Bujduveanu
  Pro Se Plaintiff
  5601 W. Broward Blvd.
  Plantation, FL 33317

  Tel: (954) 316-3828
  Email: orionav@msn.com




                                             6

				
DOCUMENT INFO
Stats:
views:2
posted:10/24/2011
language:English
pages:6
Description: United States Courthouse,Southern District Of Florida,Traian Bujduveanu v. Dismas Charities,Ana Gispert,Derek Thomas,LaShonda Adams