GOVERNMENT’S RESPONSE TO DEFENDANT BUJDUVEANU’S MOTION FOR HEARING RE DETENTION ORDER _D.E.72__ SUPPLEMENTAL MOTION FOR EVIDENTIARY HEARING _D.E.73__ by cocoselul

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									Case 1:08-cr-20612-PAS         Document 81       Entered on FLSD Docket 09/10/2008            Page 1 of 3


                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA
                                  Case No. 08-20612-CR-SEITZ

                                 Magistrate Judge John J. O’Suliivan

    UNITED STATES OF AMERICA

    vs.

    TRAIAN BUJDUVEANU,

                      Defendant.
    ________________________________/

             GOVERNMENT’S RESPONSE TO DEFENDANT BUJDUVEANU’S
               MOTION FOR HEARING RE DETENTION ORDER (D.E.72),
           SUPPLEMENTAL MOTION FOR EVIDENTIARY HEARING (D.E.73),
                     MOTION TO COMPEL EVIDENCE (D.E.74),
                    MOTION FOR CLARIFICATION (D.E.75), and
          MOTION FOR NEW HEARING TO APPEAL DETENTION ORDER (D.E.76)

           The United States of America, through the undersigned Assistant United States Attorney,

    files this Response to the following pro se Motions filed by Defendant Bujduveanu: Motion for

    Hearing re Detention Order (D.E.72), Supplemental Motion for Evidentiary Hearing (D.E.73),

    Motion to Compel Evidence (D.E.74), Motion for Clarification (D.E.75), and Motion for New

    Hearing to Appeal Magistrate’s Detention Order (D.E.76). For the reasons that follow, this Court

    should deny the Motions.

           Defendant Bujduveanu was arrested in this case on June 21, 2008, and had his initial

    appearance before a United States Magistrate Judge on June 23, 2008. From the time of his initial

    appearance, Defendant Bujduveanu has been represented by counsel. See D.E. 10, Notice of

    Temporary Appearance by Bruce M. Lyons. On July 3, 2008, new counsel, attorney Mark Eiglarsh,

    entered an appearance on behalf of Defendant Bujduveanu. See D.E. 22, Notice of Attorney

    Appearance by Mark Eiglarsh. On July 15, 2008, Defendant Bujduveanu was arraigned on the

    indictment in this case, and, at the arraignment, Defendant Bujduveanu was represented by counsel,
Case 1:08-cr-20612-PAS         Document 81        Entered on FLSD Docket 09/10/2008              Page 2 of 3


    Mark Eiglarsh. As far as undersigned counsel is aware, Defendant Bujduveanu continues to be

    represented by attorney Mark Eiglarsh, who has also filed two Motions on behalf of Defendant

    Bujduveanu, which are now pending before this Court.

           Southern District of Florida Local Rule 11.1.D.4 provides:

           Whenever a party has appeared by attorney, the party cannot thereafter appear or act
           on the party’s own behalf in the action or proceeding, or take any step therein, unless
           an order of substitution shall first have been made by the Court, after notice to the
           attorney of such party, and to the opposite party; provided, that the Court may in its
           discretion hear a party in open court, notwithstanding the fact that the party has
           appeared or is represented by an attorney.

    In the instant case, as noted above, Defendant has been represented by counsel throughout all court

    proceedings in this case to date. Accordingly, the defendant cannot act on his own behalf by filing

    pro se motions without first seeking and obtaining a court order of substitution of counsel.

           Accordingly, this Court should deny all of Defendant’s pro se Motions because the Motions

    cannot be filed by Defendant on a pro se basis while he is represented by counsel.

           WHEREFORE, Defendant has filed the Motions in violation of the Local Rules of the

    Southern District of Florida, and, therefore, the United States respectfully requests that this Court

    deny the defendant’s pro se motions without a hearing and direct the defendant that any future

    motions must be filed through his attorney.

                                                  Respectfully submitted,

                                                  R. ALEXANDER ACOSTA
                                                  UNITED STATES ATTORNEY


                                          By:     S/ Melissa Damian
                                                  MELISSA DAMIAN
                                                  ASSISTANT UNITED STATES ATTORNEY
                                                  Fla. Bar No. 0068063
                                                  99 N.E. 4th Street, Suite 600
                                                  Miami, Florida 33132
                                                  Telephone: (305) 961-9018


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Case 1:08-cr-20612-PAS       Document 81        Entered on FLSD Docket 09/10/2008            Page 3 of 3


                                   CERTIFICATE OF SERVICE

           I hereby certify that on September 10, 2008, I electronically filed the foregoing with the

    Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to

    Mark Eiglarsh, counsel for Defendant Traian Bujduveanu.



                                                       Melissa Damian
                                                       Assistant United States Attorney



                                                       S/ Melissa Damian
                                                       Melissa Damian




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