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Defendants Dismas Charities Inc Ana Gispert Derek Thomas and Adams Leshota s Motion and Brief Sup (PDF)

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					Case 1:11-cv-20120-PAS Document 79 Entered on FLSD Docket 12/06/2011 Page 1 of 5



                       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 MOTION AND BRIEF IN SUPPORT OF THEIR FOR HEARING
                      AND STATUS CONFERENCE

         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 Motion to Strike Plaintiff’s Pleadings and Motion to Dismiss 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.

         2.      In response to Plaintiff’s amended complaint, Defendants filed a Motion to

  Dismiss the Amended Complaint on May 4, 2011 (Docket 26).
Case 1:11-cv-20120-PAS Document 79 Entered on FLSD Docket 12/06/2011 Page 2 of 5


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

         3.      Plaintiff filed his response brief and supplemental response briefs on May 24,

  2011 and June 1, 2011 respectively. (Docket 33 and 38)

         4.      Defendant’s filed their reply brief on June 2, 2011. (Docket 39)

         5.      Plaintiff then improperly filed a second supplemental response brief on June 6,

  2011. (Docket 41)

         6.      On June 20, 2011, the court referred the Motion to Dismiss to the Magistrate.

  (Docket 43)

         7.      To date a ruling has not been issued.

         8.      Defendants believe that the disposition of that Motion will bring and end to this

  lawsuit and the need for discovery and ruling on the Plaintiffs’ discovery and other motions.

         9.      Defendants and their counsel have continued to expend time, money and

  resources defending a lawsuit that they believe should be dismissed by the Federal Court.

         10.     Accordingly, Defendants would request a hearing on their Motion to Dismiss and

  a Status Conference to discuss other pending motions.




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Case 1:11-cv-20120-PAS Document 79 Entered on FLSD Docket 12/06/2011 Page 3 of 5


                                             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.

                                               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




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Case 1:11-cv-20120-PAS Document 79 Entered on FLSD Docket 12/06/2011 Page 4 of 5


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



                                 CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on the 6th day of December, 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




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Case 1:11-cv-20120-PAS Document 79 Entered on FLSD Docket 12/06/2011 Page 5 of 5


                                        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




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DOCUMENT INFO
Description: United States Courthouse,Southern District Of Florida,Traian Bujduveanu v. Dismas Charities,Ana Gispert,Derek Thomas,lashanda Adams