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United States Courthouse, Southern District Of Florida, Traian Bujduveanu v. Dismas Charities, Ana Gispert, Derek Thomas, Lashanda Adams, Mental and Physical Torture at Dismas Charities, Abuse at Dismas Charities, Civil Rights Violations at Dismas Charities, Illegal Search And Seizure at Dismas Charities, Discrimination and Reverse Discrimination at Dismas House, Abuse at Dismas Charities
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO.: 11-20120-CIV-SEITZ/SIMONTON TRAIAN B
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CM/ECF - Live Database - flsd 9/29/12 12:14 PM
AMS,MEDIATION,REF_TRL
U.S. District Court
Southern District of Florida (Miami)
CIVIL DOCKET FOR CASE #: 1:11-cv-20120-AMS
Bujduveanu v. Ginspert et al Date Filed: 01/12/2011
Assigned to: Magistrate Judge Andrea M. Simonton Jury Demand: Defendant
Cause: 28:1346 Tort Claim Nature of Suit: 380 Personal Property:
Other
Jurisdiction: Federal Question
Plaintiff
Traian Bujduveanu represented by Traian Bujduveanu
5601 W Broward Blvd.
Plantation, FL 33317
954-316-3828
PRO SE
V.
Defendant
Ana Ginspert represented by David Scott Chaiet
TERMINATED: 03/15/2012 Eisinger, Brown, Lewis & Frankel, PA
4000 Hollywood Boulevard
Suite 265-S
Hollywood, FL 33021-6755
954-894-8000
Fax: 894-8015
Email: dchaiet@peplawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Dismas Charities, Inc. represented by David Scott Chaiet
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Derek Thomas represented by David Scott Chaiet
TERMINATED: 03/15/2012 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Defendant
Adams Leshota represented by David Scott Chaiet
TERMINATED: 03/15/2012 (See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
01/12/2011 1 MOTION for Return of Property against Dismas Charities, Inc., Ana Ginspert. Filing
fee $ 350.00 WAIVED, filed by Traian Bujduveanu. (Attachments: # 1 Appendix)(jc)
Modified text on 1/25/2011 (jc). (Entered: 01/12/2011)
01/12/2011 2 Judge Assignment RE: Electronic Complaint to Senior Judge William M. Hoeveler
(jc) (Entered: 01/12/2011)
01/12/2011 3 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White.
Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, non-dispositive
matters and for a Report and Recommendation on any dispositive matters. (jc)
(Entered: 01/12/2011)
01/13/2011 4 CLERKS NOTICE REASSIGNING CASE. Case reassigned to Judge Patricia A.
Seitz for all further proceedings. Senior Judge William M. Hoeveler no longer
assigned to case (jc) (Entered: 01/13/2011)
01/25/2011 5 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $
350.00, receipt number FLS100018500. See docket entry # 27 for image. Modified
text on 7/7/2011 (jc). (Entered: 01/25/2011)
01/26/2011 6 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $
350.00, receipt number FLS100018500. See docket entry # 27 for image. (jc)
Modified text on 7/7/2011 (jc). (Entered: 01/26/2011)
01/28/2011 7 Correction: Wrong docket event used re: DE# 5 & 6 . Clerks Notice of receipt: Filing
Fee of $350.00 . (jmd) (Entered: 01/28/2011)
01/31/2011 8 MOTION to Appoint Counsel by Traian Bujduveanu. Responses due by 2/17/2011
(jc) (Entered: 01/31/2011)
02/03/2011 9 Clerks Notice of Reassignment of Magistrate Judge to Paired Judge John J.
O'Sullivan. Magistrate Judge Patrick A. White no longer assigned to case per his
chambers. Motions referred to John J. O'Sullivan. (vp) (Entered: 02/03/2011)
02/03/2011 10 ORDER of Reference to Magistrate Judge John J. O'Sullivan for Pretrial Proceedings.
Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/03/2011)
02/03/2011 11 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 4/19/2011.
Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/03/2011)
02/03/2011 12 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Patricia A.
Seitz on 2/3/2011. (asl) (Entered: 02/04/2011)
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03/25/2011 13 MOTION for the Appointment of Counsel by Traian Bujduveanu. Responses due by
4/11/2011 (asl) (system updated) (Entered: 03/28/2011)
03/28/2011 14 AMENDED COMPLAINT of Damages against Dismas Charities, Inc., Ana Ginspert,
Derek Thomas, Adams Leshota, filed by Traian Bujduveanu.(asl) (Entered:
03/29/2011)
03/29/2011 15 Summons Issued as to Ana Ginspert. (asl) (Entered: 03/29/2011)
03/29/2011 16 Summons Issued as to Dismas Charities, Inc. (asl) (Entered: 03/29/2011)
03/30/2011 SYSTEM ENTRY - Docket Entry 17 restricted/sealed until further notice. (sk)
(Entered: 03/30/2011)
03/30/2011 18 Clerks Notice of Docket Correction re 17 ORDER denying 8 Motion to Appoint
Counsel; denying 13 Motion to Appoint Counsel.. Document Restricted Due to
Error; The correct document has been attached to this notice. (sk) (Entered:
03/30/2011)
04/05/2011 19 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders
2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge
John J. O'Sullivan no longer assigned to case. (dm) (Entered: 04/05/2011)
04/06/2011 20 Summons Issued as to Adams Leshota, Derek Thomas. (asl) (Entered: 04/06/2011)
04/12/2011 21 MOTION for Reconsideration of 18 Plaintiff's Motion to Appoint Counsel by Traian
Bujduveanu. (asl) (Entered: 04/14/2011)
04/12/2011 22 MOTION for Extension of Time to File the Joint Scheduling Report by Traian
Bujduveanu. Responses due by 4/29/2011 (asl) (Entered: 04/14/2011)
04/26/2011 23 CIVIL RULE 4 AFFIDAVIT signed by : Traian Bujduveanu. by Traian Bujduveanu
(asl) (Entered: 04/26/2011)
05/02/2011 24 ORDER Requiring Filing Fee or filing of Motion to Proceed In Forma Pauperis.
Filing Fee or Motion due by 5/16/2011. Signed by Magistrate Judge Andrea M.
Simonton on 5/2/2011. (mmn) (Entered: 05/02/2011)
05/03/2011 25 AFFIDAVIT Florida Civil Rule 1.070 signed by : Traian Bujduveanu. by Traian
Bujduveanu (asl) (Entered: 05/04/2011)
05/04/2011 26 MOTION to Dismiss 14 Amended Complaint by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas. Responses due by 5/23/2011 (Chaiet,
David) (Entered: 05/04/2011)
05/10/2011 27 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $
350.00, receipt number FLS100018500 (jua) (Entered: 05/10/2011)
05/12/2011 28 ORDER Denying Motion to Reconsider and Granting in Part Motion for Extension of
Time; re 21 Motion for Reconsideration ; re 22 Motion for Extension of Time. Joint
Scheduling Report due 5/20/11. Signed by Judge Patricia A. Seitz on 5/12/2011. (asl)
(Entered: 05/12/2011)
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05/19/2011 29 (STRICKEN by DE# 40.)SCHEDULING REPORT - Rule 26(f) by Dismas Charities,
Inc., Ana Ginspert, Adams Leshota, Derek Thomas (Chaiet, David) Modified to
reflect "stricken" on 6/6/2011 (wc). (Entered: 05/19/2011)
05/20/2011 30 (STRICKEN by DE# 40.)JOINT SCHEDULING REPORT - Rule 26(f) by Traian
Bujduveanu (jua) Modified to reflect "stricken" on 6/6/2011 (wc). (Entered:
05/20/2011)
05/20/2011 31 JOINT SCHEDULING REPORT - Rule 26(f) by Traian Bujduveanu, Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (jua) (Entered:
05/20/2011)
05/23/2011 32 MOTION for Appointment of Pro Bono Counsel by Traian Bujduveanu. Responses
due by 6/9/2011 (jua) (Entered: 05/24/2011)
05/24/2011 33 MOTION to Strike 26 MOTION to Dismiss and Incorporated Memorandum of Law
in Support by Traian Bujduveanu. Responses due by 6/10/2011 (jua) (Entered:
05/24/2011)
05/24/2011 34 MOTION to Strike 30 SCHEDULING REPORT - Rule 26(f)/16.1 by Traian
Bujduveanu. Responses due by 6/10/2011 (jua) (Entered: 05/24/2011)
05/25/2011 35 RESPONSE to Motion re 34 MOTION to Strike 30 SCHEDULING REPORT - Rule
26(f)/16.1 filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek
Thomas. Replies due by 6/6/2011. (Chaiet, David) (Entered: 05/25/2011)
05/26/2011 36 ENDORSED ORDER regarding 33 Plaintiff's Motion to Strike Defendants' Motion to
Dismiss. Plaintiff's Motion to Strike shall be treated as Plaintiff's Response to 26
Defendants' Motion to Dismiss. If Plaintiff wishes to supplement his Response in light
of this Order, he shall do so on or before Monday, June 6, 2011. Any reply of
Defendants shall be due on or before Thursday, June 16, 2011. Signed by Magistrate
Judge Andrea M. Simonton on 5/26/2011. (mmn) (Entered: 05/26/2011)
05/26/2011 Set/Reset Deadlines as to 26 MOTION to Dismiss 14 Amended Complaint. Plaintiff's
Supplement to Response due by 6/6/2011. Defendants' Replies due by 6/16/2011. (See
DE# 36.) (wc) (Entered: 05/27/2011)
05/31/2011 37 RESPONSE in Opposition re 32 MOTION to Appoint Counsel filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David)
(Entered: 05/31/2011)
06/01/2011 38 SUPPLEMENT RESPONSE re 26 MOTION to Dismiss 14 Amended Complaint filed
by Traian Bujduveanu. Replies due by 6/13/2011. (jua) (Entered: 06/01/2011)
06/02/2011 39 REPLY to Response to Motion re 33 MOTION to Strike 26 MOTION to Dismiss 14
Amended Complaint filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota,
Derek Thomas. (Chaiet, David) (Entered: 06/02/2011)
06/06/2011 40 ENDORSED ORDER granting 34 Plaintiff's Motion to Strike Document from the
Docket, based upon 35 Defendants' Response, which indicates that Defendants do not
oppose Plaintiff's Motion. A review of the docket sheet reflects that each party
initially filed a Scheduling Report that had not been signed by the opposing party.
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These Scheduling Reports are contained in docket entries 29 and 30 . Thereafter, 31
the Joint Scheduling Report signed by both parties was filed. Therefore, docket entry
31 shall de deemed the effective Joint Scheduling Report in this case. The Court
strikes 29 and 30 , the two previously filed unilateral Scheduling reports. Signed by
Magistrate Judge Andrea M. Simonton on 6/6/2011. (mmn) (Entered: 06/06/2011)
06/06/2011 41 SECOND SUPPLEMENT RESPONSE to 26 MOTION to Dismiss 14 Amended
Complaint filed by Traian Bujduveanu. Replies due by 6/16/2011. (jua) (Entered:
06/07/2011)
06/08/2011 42 ORDER Denying Motion for Appointment of Pro Bono Counsel; re 32 Motion to
Appoint Counsel. Signed by Judge Patricia A. Seitz on 6/8/2011. (asl) (Entered:
06/08/2011)
06/20/2011 43 ORDER REFERRING MOTION to Magistrate Judge Andrea M. Simonton: 26
MOTION to Dismiss 14 Amended Complaint filed by Derek Thomas, Dismas
Charities, Inc., Adams Leshota, Ana Ginspert. Motions referred to Andrea M.
Simonton. Signed by Judge Patricia A. Seitz on 6/20/2011. (asl) (Entered: 06/20/2011)
06/29/2011 44 SCHEDULING ORDER: Pretrial Conference set for 5/24/2012 09:00 AM in Miami
Division before Judge Patricia A. Seitz. Jury Trial set for 6/18/2012 10:00 AM in
Miami Division before Judge Patricia A. Seitz. Calendar Call set for 6/13/2012 01:15
PM in Miami Division before Judge Patricia A. Seitz. Discovery due by 12/16/2011.
Dispositive Motions due by 12/16/2011. Pretrial Stipulation due by 5/16/2012.
ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton for Discovery
Matters. Signed by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011)
06/29/2011 45 ORDER REFERRING CASE to Mediation. Mediation Deadline 12/30/2011. Signed
by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011)
07/14/2011 46 ORDER TO SHOW CAUSE. Notice of Selection of Mediator and Show Cause
Response due by 7/25/2011. Signed by Judge Patricia A. Seitz on 7/14/2011. (asl)
(Entered: 07/14/2011)
07/14/2011 47 Request for Clerk to Appoint Mediator(jua) (Entered: 07/14/2011)
07/14/2011 48 NOTICE of Mediator Selection: Lance J. Wogalter added. (See DE 47 for image)
(jua) (Entered: 07/15/2011)
07/15/2011 49 Clerks Notice re 47 Request for Clerk to Appoint Mediator. ERROR - wrong event
selected. The document was re-docketed by the Clerk, see [de#48]. (jua) (Entered:
07/15/2011)
08/05/2011 50 MOTION for the Production of Documents and Electronically Stored Information,
Under Rule 34 by Traian Bujduveanu. (jua) (Entered: 08/05/2011)
08/08/2011 51 GENERAL ORDER ON DISCOVERY OBJECTIONS. Signed by Magistrate Judge
Andrea M. Simonton on 8/8/2011. (mmn) (Entered: 08/08/2011)
08/10/2011 52 ORDER denying, without prejudice, 50 Plaintiff's Motion for the Production of
Documents and Electronically Stored Informations, Under Rule 34. Signed by
Magistrate Judge Andrea M. Simonton on 8/10/2011. (mmn) (Entered: 08/10/2011)
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08/30/2011 53 MOTION to Compel Production of Documents and Electronically Stored
Informations by Traian Bujduveanu. Responses due by 9/16/2011 (ar2) (Entered:
08/30/2011)
08/31/2011 54 ORDER Requiring Compliance With Prior Order re 45 Order Referring Case to
Mediation, ( Mediation Deadline 9/6/2011). Signed by Judge Patricia A. Seitz on
8/31/2011. (asl) (Entered: 08/31/2011)
09/01/2011 55 NOTICE of Compliance with Mediation Order by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas re 54 Order, Set/Reset Deadlines
(Attachments: # 1 Exhibit Proposed Order Mediation)(Chaiet, David) (Entered:
09/01/2011)
09/01/2011 56 ORDER Setting Mediation before Lance Wogalter, P.A. Mediation Hearing set for
11/1/2011 10:30 AM. Signed by Judge Patricia A. Seitz on 9/1/2011. (asl) (Entered:
09/01/2011)
09/09/2011 57 RESPONSE in Opposition re 53 MOTION to Compel Production of Documents and
Electronically Stored Informations, 50 MOTION to Produce Documents filed by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments:
# 1 Exhibit)(Chaiet, David) (Entered: 09/09/2011)
09/16/2011 58 MOTION to Compel Second Request for Production of Documents, First and Second
Set of Interrogatories by Traian Bujduveanu. Responses due by 10/3/2011 (jua)
(Entered: 09/16/2011)
09/28/2011 59 RESPONSE in Opposition re 58 MOTION to Compel Second Request for Production
of Documents, First and Second Set of Interrogatories filed by Dismas Charities, Inc.,
Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 09/28/2011)
10/03/2011 60 MOTION to Strike 59 RESPONSE in Opposition re 58 MOTION to Compel Second
Request for Production of Documents, First and Second Set of Interrogatories by
Traian Bujduveanu. Responses due by 10/20/2011 (jua) (Entered: 10/03/2011)
10/04/2011 61 MOTION to Supplement re 58 MOTION to Compel Second Request for Production
of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. (jua)
(Entered: 10/04/2011)
10/07/2011 62 RESPONSE in Opposition re 60 MOTION to Strike 59 Response in Opposition to
Motion filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.
(Chaiet, David) (Entered: 10/07/2011)
10/07/2011 63 RESPONSE in Opposition re 61 MOTION to Supplement re 58 MOTION to Compel
Second Request for Production of Documents, First and Second Set of Interrogatories
filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.
(Chaiet, David) (Entered: 10/07/2011)
10/12/2011 64 MOTION to Strike DE [53,58,60,61] ( Responses due by 10/31/2011), MOTION to
Stay ( Responses due by 10/31/2011), MOTION for Sanctions by Dismas Charities,
Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) Modified added
linkon 10/13/2011 (tp). (Entered: 10/12/2011)
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10/13/2011 65 Clerks Notice to Filer re 64 MOTION to Strike MOTION to Stay MOTION for
Sanctions . Document Not Linked; ERROR - The filed document was not linked to
the related docket entry. The correction was made by the Clerk. It is not necessary to
refile this document. (tp) (Entered: 10/13/2011)
10/18/2011 66 BRIEF IN RESPONSE to Motion re 64 MOTION to Strike DE [53,58,60,61], Motion
to Stay filed by Traian Bujduveanu. Replies due by 10/28/2011. (jua) (Entered:
10/18/2011)
10/24/2011 67 REPLY to Response to Motion re 64 MOTION to Strike MOTION to Stay MOTION
for Sanctions filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek
Thomas. (Chaiet, David) (Entered: 10/24/2011)
11/04/2011 68 FINAL REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.(Wogalter,
Lance) (Entered: 11/04/2011)
11/18/2011 69 REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.(ar2) (Entered:
11/18/2011)
11/22/2011 70 NOTICE of Motion for Summary Judgment by Traian Bujduveanu (No attachments)
(ar2) (Entered: 11/23/2011)
11/28/2011 71 ORDER STRIKING Notice re 70 Notice (Other) filed by Traian Bujduveanu. Signed
by Judge Patricia A. Seitz on 11/28/2011. (asl) (Entered: 11/29/2011)
11/28/2011 72 MOTION for Summary Judgment by Traian Bujduveanu. Responses due by
12/15/2011 (ar2) (Entered: 11/29/2011)
11/28/2011 73 MEMORANDUM of Points and Authorities in Support Re: 72 MOTION for
Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 11/29/2011)
11/28/2011 74 Statement of Facts as to Which there is no Genuine Dispute Re: 72 MOTION for
Summary Judgment by Traian Bujduveanu (ar2) (Entered: 11/29/2011)
11/28/2011 75 AFFIDAVIT/Declaration signed by : Traian Bujduveanu. by Traian Bujduveanu (ar2)
(Entered: 11/29/2011)
11/30/2011 76 ORDER STRIKING Statement of Facts; re 74 Statement filed by Traian Bujduveanu.
Leave to File by 12/22/11. Signed by Judge Patricia A. Seitz on 11/30/2011. (asl)
(Entered: 12/01/2011)
12/06/2011 77 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by
Traian Bujduveanu (ar2) (Entered: 12/06/2011)
12/06/2011 78 MOTION to Strike 14 Amended Complaint by Dismas Charities, Inc., Ana Ginspert,
Adams Leshota, Derek Thomas. Responses due by 12/23/2011 (Attachments: # 1
Exhibit)(Chaiet, David). Added MOTION to Dismiss for Failure to Appear at
Depositions on 12/7/2011 (tp). (Entered: 12/06/2011)
12/06/2011 79 MOTION for Hearing and Status Conference re 78 Motion to Strike and Dismiss by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David)
Modified added link on 12/7/2011 (tp). (Entered: 12/06/2011)
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12/07/2011 80 Clerks Notice to Filer re 78 MOTION to Strike 14 Amended Complaint MOTION to
Dismiss. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer
selected only one relief event and failed to select the additional corresponding events
for each relief requested in the motion. The docket entry was corrected by the Clerk. It
is not necessary to refile this document but future filings must comply with the
instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 12/07/2011)
12/07/2011 81 Clerks Notice to Filer re 79 MOTION for Hearing . Document Not Linked; ERROR
- The filed document was not linked to the related docket entry. The correction was
made by the Clerk. It is not necessary to refile this document. (tp) (Entered:
12/07/2011)
12/07/2011 82 ORDER STRIKING 77 Statement of Facts filed by Traian Bujduveanu. Signed by
Judge Patricia A. Seitz on 12/7/2011. (yha) (Entered: 12/07/2011)
12/16/2011 83 MOTION for Summary Judgment by Dismas Charities, Inc., Ana Ginspert, Adams
Leshota, Derek Thomas. Responses due by 1/3/2012 (Attachments: # 1 Exhibit
Statement of Undisputed Facts, # 2 Affidavit of Defendants in Support of Motion for
Summary Judgment)(Chaiet, David) (Entered: 12/16/2011)
12/19/2011 84 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by
Traian Bujduveanu (ar2) (Entered: 12/20/2011)
12/20/2011 85 Statement of Material Facts as to which there are no Genuine issues for Trial by
Traian Bujduveanu (Attachments: # 1 Exhibit Continued Part I, # 2 Exhibit Continued
Part II)(ar2) (Entered: 12/20/2011)
12/21/2011 86 RESPONSE to 78 MOTION to Dismiss for Failure to Appear at Depositions filed by
Traian Bujduveanu. Replies due by 1/3/2012. (ar2) (Entered: 12/22/2011)
12/27/2011 87 RESPONSE in Opposition re 72 MOTION for Summary Judgment filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1
Affidavit In Opposition to Plaintiff's MSJ)(Chaiet, David) (Entered: 12/27/2011)
12/27/2011 88 AFFIDAVIT in Opposition re 72 MOTION for Summary Judgment filed by Dismas
Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1
Exhibit Statement of Disputed Facts)(Chaiet, David) (Entered: 12/27/2011)
12/27/2011 89 REPLY to Response to Motion re 78 MOTION to Strike 14 Amended Complaint
MOTION to Dismiss filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota,
Derek Thomas. (Attachments: # 1 Exhibit Emails)(Chaiet, David) (Entered:
12/27/2011)
01/03/2012 90 RESPONSE to 83 MOTION for Summary Judgment filed by Traian Bujduveanu.
Replies due by 1/13/2012. (ar2) (Entered: 01/04/2012)
01/12/2012 91 REPLY to Response to Motion re 83 MOTION for Summary Judgment filed by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David)
(Entered: 01/12/2012)
01/18/2012 92 REPLY Brief in Response to 91 REPLY to Response to Motion re 83 MOTION for
Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 01/18/2012)
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01/19/2012 93 MOTION to Strike 92 Response/Reply (Other) by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas. Responses due by 2/6/2012 (Chaiet, David)
(Entered: 01/19/2012)
02/07/2012 94 REPORT AND RECOMMENDATIONS re 26 Defendants' Motion to Dismiss
Amended Complaint. Objections to R&R due by 2/24/2012. Signed by Magistrate
Judge Andrea M. Simonton on 2/7/2012. (par) (Entered: 02/07/2012)
02/20/2012 95 OBJECTIONS to 94 Report and Recommendations by Dismas Charities, Inc., Ana
Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 02/20/2012)
02/22/2012 96 OBJECTIONS to 94 Report and Recommendations Re: Defendant's Motion To
Dismiss by Traian Bujduveanu. (cqs) (Entered: 02/23/2012)
03/02/2012 97 ENDORSED ORDER denying, without prejudice, the following six motions: 53
Plaintiff's Motion to Compel Production of Documents and Electronically Stored
Informations; 58 Plaintiff's Motion to Compel Second Request for Production of
Documents, First and Second Set of Interrogatories; 60 Plaintiff's Motion to Strike
Defendants' Dismas Charities, Inc., Ana Gispert and Adams Lashanda's Response
Brief in Response to Plaintiff's Motion to Compel Responses to Second Request for
Production and Interrogatories; 61 Plaintiff's Motion to Supplement Motion to Compel
Second Request for Production of Documents, First and Second Interrogatories; 64
Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Adams Leshota's
Motion to Strike Plaintiff's Motions to Compel, Supplemental Motions and Motion to
Stay Discovery from Plaintiff; and 78 Defendants' Motion to Dismiss Action for
Failure to Appear at Depositions. Of the outstanding motions in this case that are not
addressed by 94 the Report and Recommendation, the motions noted above are the
only motions referred to the undersigned because they concern discovery or
discovery-related sanctions, which are matters that have been referred to the
undersigned by 44 the Order Setting Trial Date, Pretrial Deadlines and Referral to
Magistrate. Because the undersigned recommends dismissal in the Report and
Recommendation, these motions are denied, without prejudice to renew following
resolution of the pending Report and Recommendation. If the Court's ruling on the
Report and Recommendation does not resolve the matters raised in a given motion
above, a party may present that matter to the Court for resolution under the procedures
outlined in 44 the Court's Scheduling Order. That Order prohibits the parties from
filing discovery motions, and requires the party seeking relief to place the matter on
the discovery calendar of the undersigned Magistrate Judge after conferring with the
opposing party. Signed by Magistrate Judge Andrea M. Simonton on 3/2/2012. (mmn)
(Entered: 03/02/2012)
03/15/2012 98 ORDER Affirming and Adopting Report and Recommendations, Overruling Plaintiff
and Defendants' Objections, Allowing Plaintiff Leave to Amend and Referring
Pending Motions to Magistrate Judge re 94 Report and Recommendations. Certificate
of Appealability: No Ruling; granting 26 Motion to Dismiss. Signed by Judge Patricia
A. Seitz on 3/15/2012. (yha) (Entered: 03/16/2012)
03/15/2012 99 ORDER REFERRING MOTION: 93 MOTION to Strike 92 Response/Reply (Other)
filed by Derek Thomas, Dismas Charities, Inc., Adams Leshota, Ana Ginspert, 79
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MOTION for Hearing filed by Derek Thomas, Dismas Charities, Inc., Adams
Leshota, Ana Ginspert, 83 MOTION for Summary Judgment filed by Derek Thomas,
Dismas Charities, Inc., Adams Leshota, Ana Ginspert, 72 MOTION for Summary
Judgment filed by Traian Bujduveanu, ( Amended Pleadings due by 3/28/2012.),
Derek Thomas, Ana Ginspert and Adams Leshota terminated. Motions referred to
Andrea M. Simonton. Signed by Judge Patricia A. Seitz on 3/15/2012. See 98 Order
for Image (yha) (Entered: 03/16/2012)
03/27/2012 100 ORDER of Reference to Magistrate Judge Andrea M. Simonton for Trial. Judge
Patricia A. Seitz no longer assigned as presider judge(s) in case. Signed by Judge
Patricia A. Seitz on 3/27/2012. (jua) (Entered: 03/27/2012)
03/28/2012 101 AMENDED COMPLAINT against Dismas Charities, Inc., Ana Ginspert, Adams
Leshota, Derek Thomas filed in response to Order Granting Motion for Leave, filed by
Traian Bujduveanu.(cqs) (Entered: 03/28/2012)
04/03/2012 102 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.(Chaiet, David)
(Entered: 04/03/2012)
04/12/2012 103 SUPPLEMENTAL MOTION for Summary Judgment and Incorporated Memorandum
of Law In Support by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek
Thomas. Responses due by 4/30/2012 (Chaiet, David) Text Added on 5/1/2012 (ail).
(Entered: 04/12/2012)
05/01/2012 104 MOTION for Extension of Time to File Response/Reply as to 103 SUPPLEMENTAL
MOTION for Summary Judgment by Traian Bujduveanu. (ail) (Entered: 05/01/2012)
05/18/2012 105 PRETRIAL STIPULATION by Dismas Charities, Inc., Ana Ginspert, Adams
Leshota, Derek Thomas (Chaiet, David) (Entered: 05/18/2012)
05/18/2012 106 Exhibit List by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas..
(Chaiet, David) (Entered: 05/18/2012)
05/18/2012 107 Witness List by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek
Thomas.. (Chaiet, David) (Entered: 05/18/2012)
05/21/2012 108 ORDER Granting 104 Plaintiff's Motion for Leave to Extend Time to Respond to 103
Defendants' Supplemental Motion for Summary Judgment; and Vacating 44 Order
Setting Trial Date, Pretrial Deadlines and Referral to Magistrate. Response to
Supplemental Motion due by 7/2/2012. Signed by Magistrate Judge Andrea M.
Simonton on 5/21/2012. (mmn) (Entered: 05/21/2012)
05/21/2012 109 Order Vacating 44 Order Setting Trial Date, Pretrial Deadlines and Referral to
Magistrate. (See 108 for image.) Signed by Magistrate Judge Andrea M. Simonton on
5/21/2012. (mmn) (Entered: 05/21/2012)
06/27/2012 110 MOTION to Compel Production of Documents and Electronically Stored Information
by Traian Bujduveanu. Responses due by 7/16/2012 (ar2) (Main Document 110
replaced on 7/12/2012) (ail). (Entered: 06/27/2012)
07/03/2012 111 RESPONSE and Incorporated Memorandum of Law Re: 103 Supplemental Motion
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for Summary Judgment. filed by Traian Bujduveanu. Replies due by 7/13/2012. (ar2)
(Entered: 07/05/2012)
07/05/2012 112 RESPONSE in Opposition re 110 MOTION to Compel Production of Documents and
Electronically Stored Information filed by Dismas Charities, Inc., Ana Ginspert,
Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 07/05/2012)
07/12/2012 113 REPLY to Response to Motion re 103 MOTION for Summary Judgment filed by
Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments:
# 1 Affidavit)(Chaiet, David) (Entered: 07/12/2012)
08/03/2012 114 RESPONSE to 113 Reply to Response to Motion by Traian Bujduveanu. (ar2)
(Entered: 08/06/2012)
08/09/2012 115 SUPPLEMENTAL to 114 RESPONSE to 113 Reply to Response to Motion by Traian
Bujduveanu (jc) (Entered: 08/10/2012)
08/14/2012 116 MOTION to Strike 114 RESPONSE to 113 Reply to Response to Motion and 115
SUPPLEMENTAL to 114 RESPONSE to 113 Reply to Response to Motion. (Chaiet,
David) Modified to convert document to a motion and document link on 8/15/2012
(ar2). (Entered: 08/14/2012)
08/14/2012 117 Clerks Notice to Filer re 116 Response to Motion,. Wrong Event Selected -
Document is a Motion; ERROR - The Filer selected the wrong event. A motion event
must always be selected when filing a motion. The correction was made by the Clerk.
It is not necessary to refile this document. (ar2) (Entered: 08/15/2012)
08/20/2012 118 RESPONSE to 116 Motion to Strike filed by Traian Bujduveanu. Replies due by
8/30/2012. (ar2) (Entered: 08/21/2012)
09/28/2012 119 ORDER denying 72 Plaintiff's Motion for Summary Judgment; 83 Defendants'
Motion for Summary Judgment; and 93 116 Defendants' Motions to Strike. Signed by
Magistrate Judge Andrea M. Simonton on 9/28/2012.(par) (Entered: 09/28/2012)
09/28/2012 120 ENDORSED ORDER denying as moot 79 Defendant Dismas Charities, Inc., Ana
Gispert, Derek Thomas and Adams Leshota's Motion for Hearing and Status
Conference. The Defendants have requested that the Court hold a hearing and status
conference related to the Defendants' Motion to Dismiss (DE # 26). However, the
undersigned has already issued a Report and Recommendation (DE # 94)
recommending that the Defendants' Motion to Dismiss be granted, which was adopted
by the District Judge on March 16, 2012 (DE # 98). Accordingly, the Defendants'
request is moot and therefore the Motion for Hearing and Status Conference on the
Motion to Dismiss is DENIED. Signed by Magistrate Judge Andrea M. Simonton on
9/28/2012.(par) (Entered: 09/28/2012)
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