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DEFENDANTS DISMAS CHARTIES INC ANA GISPERT DEREK THOMAS AND LASHANDA ADAMS’ STATEMENT OF DISPU

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

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									Case 1:11-cv-20120-PAS Document 88-1 Entered on FLSD Docket 12/27/2011 Page 1 of 7



                        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
      LASHANDA ADAMS’ STATEMENT OF DISPUTED FACTS IN RESPONSE AND
        OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT.

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

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

   undersigned counsel, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 7.5, file

   their Statement of Disputed Facts in Response to Plaintiff’s Motion for Summary Judgment as

   follows:

          The disputed facts are supported by the affidavit of Ana Gispert, Director of Dismas.

                              STATEMENT OF DISPUTED FACTS

          1.      Admitted.

          2.      Admitted.

          3.      Denied. The Plaintiff was still under the custody of the Federal Bureau of Prisons

   for Discipline. (Docket 83-2; Affidavit of Ana Gispert, p. 35-36 and Exhibits 1-5)
Case 1:11-cv-20120-PAS Document 88-1 Entered on FLSD Docket 12/27/2011 Page 2 of 7


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

            4.      Denied. The Plaintiff acknowledged on two occasions, in writing, receiving the

   Rules and Regulations of Dismas as well as conditions of release to Community Corrections.

   (Docket 83-2; Affidavit of Ana Gispert, p 7-15. and Exhibits 2, 3, 4 and 5)

            5.      Even though the Plaintiff provided his driver’s license and proof of insurance, as

   per the agreed upon conditions of his release, Plaintiff was not allowed to drive without consent

   of the Bureau of Prisons or Dismas. Plaintiff never received permission to drive and drove

   without permission. (Docket 83-2; Affidavit of Ana Gispert, p 7-15 and 19. and Exhibits 2, 3, 4

   and 5)

            6.      Plaintiff provided medical records and his work and confinement were accord

   with his condition, including home confinement and no work. (Docket 83-2; Affidavit of Ana

   Gispert, p. 6)

            7.      Denied. The remarks in this paragraph are inadmissible hearsay.

            8.      Denied. The Plaintiff, as per the agreed upon conditions of his release, was only

   permitted to attend religious services within a five mile radius of his confinement. (Docket 83-2;

   Affidavit of Ana Gispert, p. 20 and Exhibit 7)

            9.      Denied. The Plaintiff has not provided any support these conclusory allegations

   including names, dates, times and methods of alleged harassment of Plaintiff or other residents.

            10.     Admitted.

            11.     Admitted that Plaintiff operated a vehicle without authorization or consent.

   (Docket 83-2; Affidavit of Ana Gispert, p 7-15 and 19 and Exhibits 2, 3, 4 and 5)

            12.     Denied. The Rules and Regulations, which the Plaintiff acknowledged receiving

   clearly prohibit driving without Dismas written authorization and possession of cell phones. The




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Case 1:11-cv-20120-PAS Document 88-1 Entered on FLSD Docket 12/27/2011 Page 3 of 7


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

   Rules and Regulations, which the Plaintiff acknowledged receiving clearly permit and authorize

   searches and seizure of contraband, as the Plaintiff is still under Bureau of Prison custody and

   control serving a prison sentence.     As Plaintiff was driving a car without permission and

   possessed a cell phone, he violated the terms of his CCC agreement. (Docket 83-2; Affidavit of

   Ana Gispert, p 7-31 and Exhibits 2, 3, 4, 5, 6, and 8)

           13.     Denied. The Rules and Regulations, which the Plaintiff acknowledged receiving

   clearly prohibit driving without Dismas written authorization and possession of cell phones. The

   Rules and Regulations, which the Plaintiff acknowledged receiving clearly permit and authorize

   searches and seizure of contraband, as the Plaintiff is still under Bureau of Prison custody and

   control serving a prison sentence.     As Plaintiff was driving a car without permission and

   possessed a cell phone, he violated the terms of his CCC agreement. (Docket 83-2; Affidavit of

   Ana Gispert, p 7-31 and Exhibits 2, 3, 4, 5, 6, and 8)

           14.     Admitted that the Plaintiff received violation notices and due process through the

   Federal Bureau of Prison United States Bureau of Prison Center Discipline Committee. The

   Rules and Regulations, which the Plaintiff acknowledged receiving clearly prohibit driving

   without Dismas written authorization and possession of cell phones. The Rules and Regulations,

   which the Plaintiff acknowledged receiving clearly permit and authorize searches and seizure of

   contraband, as the Plaintiff is still under Bureau of Prison custody and control serving a prison

   sentence. As Plaintiff was driving a car without permission and possessed a cell phone, he

   violated the terms of his CCC agreement. (Docket 83-2; Affidavit of Ana Gispert, p 7-34 and

   Exhibits 2, 3, 4, 5, 6, 8, 9 and 10)




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Case 1:11-cv-20120-PAS Document 88-1 Entered on FLSD Docket 12/27/2011 Page 4 of 7


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

          15.     Admitted that the Bureau of Prisons sent the U.S. Marshall Service to Dismas to

   return the Plaintiff to a correction facility because of Plaintiff’s actions. (Docket 83-2; Affidavit

   of Ana Gispert, p 32-26 and Exhibits 10 and 11)

          16.     Denied because the Bureau of Prisons, not the Defendants, sent the U.S. Marshall

   Service to Dismas to return the Plaintiff to a correction facility because of Plaintiff’s actions.

   (Docket 83-2; Affidavit of Ana Gispert, p 32-36 and Exhibits 10 and 11)

          17.     Denied as hearsay. Plaintiff was transferred by the Bureau of Prisons into the

   custody of FDC Miami, where a subsequent hearing was held by the Bureau of Prisons

   concerning his possession of a cell phone and driving a vehicle without authorization. He was

   found guilty of these offenses at the hearing and required to serve the remaining 68 day balance

   of his initial sentence at FDC Miami. A copy of the Plaintiff’s United States Bureau of Prison

   Center Discipline Committee Report is attached to Docket 83-2; Affidavit of Ana Gispert, p 32-

   36 and Exhibits 10 and 11)

          18.     Upon information and belief, the Plaintiff was released.

          19.     Denied. Defendants have properly responded to all discovery and objected where

   appropriate.   This allegation is conclusory in nature and provides no names, dates or facts in

   support of the allegations.




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Case 1:11-cv-20120-PAS Document 88-1 Entered on FLSD Docket 12/27/2011 Page 5 of 7


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



                                      Respectfully submitted,

                                      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 88-1 Entered on FLSD Docket 12/27/2011 Page 6 of 7


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



                                  CERTIFICATE OF SERVICE

          I HEREBY CERTIFY that on the 27th 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 88-1 Entered on FLSD Docket 12/27/2011 Page 7 of 7


                                         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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