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United States District Court,Southern District of Florida,Case No. 11-20120-civ,Traian Bujduveanu v. Dismas Charities,Ana Ginspert,Derek Lamar Thomas,LaShonda Yvette Adams

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									Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 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 SECOND AMENDED 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 56.1, file

   their Statement of Disputed Facts in Response to Plaintiffs Second Amended Motion for

   Summary Judgment as follows:

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

   Docket 83-2.


                               STATEMENT OF DISPUTED FACTS


          1.      Denied.    Plaintiff could perform light duty work. Plaintiff provided medical

   records and his work and confinement were accord with his condition. (Docket 83-2; Affidavit

   of Ana Gispert, p. 6)
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 2 of 7


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

          2.      Denied. Plaintiff could perform light duty work. Plaintiff provided medical

   records and his work and confinement were accord with his condition. (Docket 83-2; Affidavit

   of Ana Gispert, p. 6)

          3.      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)

          4.      Denied. Plaintiff provided medical records and his work and confinement were

   accord with his condition. (Docket 83-2; Affidavit of Ana Gispert, p. 6)

          5.      Denied. The Rules and Regulations, which Plaintiff has acknowledged receiving,

   prohibit driving without Dismas's written authorization and Plaintiffs possession of a cell

   phone. The Rules and Regulations, which Plaintiff has acknowledged receiving, permit and

   authorize searches and seizure of contraband, because Plaintiff was at that time 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). Admitted that

   the Bureau of Prisons sent the U.S. Marshall Service to Dismas to return Plaintiff to a correction

   facility because of Plaintiffs actions. (Docket 83-2; Affidavit of Ana Gispert, p 32-26 and

   Exhibits 10 and 11).

          6.      Denied.   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 Plaintiffs actions.

   (Docket 83-2; Affidavit of Ana Gispert, p 32-36 and Exhibits 10 and 11)
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 3 of 7


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

          7.     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 Plaintiffs 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).

          8.      Denied. The Rules and Regulations, which Plaintiff has acknowledged receiving,

   prohibit driving without Dismas's written authorization and Plaintiffs possession of a cell

   phone. The Rules and Regulations, which Plaintiff has acknowledged receiving, permit and

   authorize searches and seizure of contraband, because Plaintiff was at that time 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). Admitted that

   the Bureau of Prisons sent the U.S. Marshall Service to Dismas to return Plaintiff to a correction

   facility because of Plaintiffs actions. (Docket 83-2; Affidavit of Ana Gispert, p 32-26 and

   Exhibits 10 and 11).

          9.      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 Plaintiffs United States Bureau of Prison
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 4 of 7


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


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

   36 and Exhibits 10 and 11).

          10.    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 Plaintiffs 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)

          11.    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 Plaintiffs 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).
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 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
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 6 of 7


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




                                  CERTIFICATE OF SERVICE


          I HEREBY CERTIFY that on the 16th day ofNovember, 2012,1 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
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 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(a),msn.com

								
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