Interogatories To Defendants by cocoselul

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									              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 LASHANDA

      Defendants.
_________________________________________/

        PLAINTIFF TRAIAN BUJDUVEANU’S FIRST SET OF
 INTERROGATORIES TO DEFENDANTS DISMAS CHARITIES,INC., ANA
       GISPERT, DEREK THOMAS AND LASHANDA ADAMS

Plaintiffs, Traian Bujduveanu, Pro Se, pursuant to the Federal Rules of Civil
Procedure, propound the following Interrogatories to be answered under oath by
Defendants, Dismas Charities,Inc., Ana Gispert, Derek Thomas and Lashanda Adams,
within thirty (30) days of service hereof.

                                  INSTRUCTIONS
 1. These Interrogatories are continuing in character so as to require you to file
supplementary answers if you obtain further or different information before trial.


2. Pursuant to , you are under a duty seasonably to amend any answer to these
interrogatories for which you learn that the answer is in some material respect
incomplete or incorrect and if the additional or corrective information has not
otherwise been made known to us during the discovery process or in writing.

3. For any interrogatory or part of an interrogatory which you refuse to answer under
a claim of privilege, submit a sworn or certified statement from your counsel or one
of your employees in which you identify the nature of the information withheld;
specify the grounds of the claimed privilege and the paragraph of these interrogatories
to which the information is responsive; and identify each person to whom the
information, or any part thereof, has been disclosed.

4. Answer each interrogatory fully. If you object to any interrogatory, state the
reasons for objection and answer to the extent the interrogatory is not objectionable. If
you are unable to answer an interrogatory fully, submit as much information as is

                                           1
available, explain why your answer is incomplete, and identify or describe all other
sources of more complete or accurate information.

5. For any record or document responsive or relating to these interrogatories which
is known to have been destroyed or lost, or is otherwise unavailable, identify each
such document by author, addressee, date, number of pages, and subject matter; and
explain in detail the events leading to the destruction or loss, or the reason for the
unavailability of such document.

6. No agreement, understanding, or stipulation by the Department of Justice or any
of its representatives purporting to modify, limit, or otherwise vary these
interrogatories shall be valid or binding on the Department of Justice unless
confirmed or acknowledged in writing (or made of record in open court) by a duly
authorized representative thereof.

7. Unless otherwise stated, these Interrogatories refer to the time, place, and
circumstances of the occurrence mentioned or complained of in the Complaint.


8. Where name and identity of a person is required, please state full name, home
address and also business address, if known.


9. Where knowledge or information in possession of a party is requested, such
request includes knowledge of the party's agents, representatives, and unless
privileged, his attorneys, and includes knowledge obtained from other persons or
sources, even if such


knowledge would be hearsay under applicable law, and even if the person receiving
such information did not believe it, failed to confirm its validity, disregarded it, or had
other knowledge that cast doubt on the information.


10. In the event that any document requested by these interrogatories or to which
you refer in your answers to these Interrogatories is withheld on the basis of a claim
of privilege, set forth for each document withheld:


(a) A description of the factual and legal basis for the claim of privilege or objection
in sufficient detail so as to permit the court to determine the validity of the claim or
objection;

(b) A general description of the document including its size, length, form and subject
matter;


(c) The name and address of the person(s) or entity involved in the creation of the
document;
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(d) The date on which the document was created;


 (e) The names and addresses of all persons who have had access to the document
from the time of its creation to the present;


(f) The date on which the document was created; and


(g) The name and address of the present custodian of the document, and the names
and addresses of all persons who have received copies, summaries, or explanations of
the document.


11. In the event that any document to which you refer in your answers to these
Interrogatories has been destroyed or discharged, or has otherwise left your
possession, custody and control, set forth:


(a) A general description of the document including its size, length, form and subject
matter;


(f) The date, manner, and reason(s) for destruction or discard; and


 (g) The names and addresses of persons authorizing and carrying out the destruction
or discard of the document.

12. These interrogatories are addressed to all Defendants in this case.


                                       DEFINITIONS

1. The word "documents" is used in these Interrogatories in the broad and liberal
sense and means written, typed, printed, recorded or graphic matter, however stored,
produced or reproduced, of any kind and description and whether an original, master,
duplicate or copy, including, but not limited to, papers, notes, accounts, books,
advertisements, letters, memoranda, notes of conversations, contracts, agreements,
drawings, telegrams, electronic mail, tape recordings, communications, including
inter-office and intra-office memoranda, reports, studies, working papers, corporate
records, minutes of meetings, notebooks, bank deposit slips, bank checks, cancelled
checks, diaries, diary entries, appointment books, desk calendars, photographs,
transcriptions or sound recordings of any type of personal or telephone conversations
or negotiations, meetings or conferences or things similar to any of the foregoing, and
to include any data, information or statistics contained within any data storage
modules, tapes, discs, diskettes, or other memory device, or other information
retrievable from any storage systems, including, but not limited to, computer-


                                           3
generated reports and printouts. The word "document" also includes data compilations
from which information can be obtained and translated, if necessary, by the
respondent through detection devices in a reasonably usable form. If any document
has been modified by the addition of notations or otherwise, or has been prepared in
multiple copies which are not identical, each modified copy or unidentical copy is a
separate "document."

2. Defendants means Dismas Charities,inc., Ana Gispert, Derek Thomas, Lashanda
Adams.

3. The term “Dismas Charities” means Dismas Charities,Inc.,the corporation
operating 28 halfway houses, in 18 states, with the headquarter in Louisville,
Kentucky, and the business operated at 141 N.W. 1 St. Avenue, Dania, Florida 33304-
2835 (in whatever business form, including corporation, close corporation,
partnership, limited partnership, unincorporated association, proprietorship, S
corporation, limited liability company, or any other form), including any real property
owned, leased or otherwise occupied at that location, personal property of any kind at
that location, and any other rights commonly attributed to the business known as
“Dismas Charities,Inc,,” including by way of example and not limitation, trade
names, liquor licenses, copyright and trademark rights.


3. As used herein, the term "communications" shall mean sign language, any oral or
written utterance, notation, or statement of any nature whatsoever, by and to
whomsoever made, including, but not limited to, correspondence, conversations,
dialogues, discussions, interviews, consultations, agreements and other
understandings between or among two or more persons.


4. As used herein, the term "or" appearing in any Interrogatory should not be read so
as to eliminate any part of the Interrogatory, but, whenever applicable, it shall have
the same meaning as the term "and." For example, an Interrogatory stating "support or
refer" shall be read as "support and refer" if an Answer that does both can be made.

5. "Complaint" means the complaint filed in the above referenced action.

6. "You," "your" or "your company" refers to Defendants Dismas Charities,Inc., Ana
Gispert, Derek Thomas and Lashanda Adams, the party to whom the Interrogatories
are addressed; in both their individual capacity, and its successors, assigns,
employees, agents, attorney, and all other persons purpoting to act on their behalf.

4. The phrase "describe in detail" as used in these interrogatories includes a request
for a complete description and explanation of the facts, circumstances, analysis,
opinion and other information relating to the subject matter of a specific interrogatory.

5. "Identify" when referring to an individual, corporation, or other
entity shall mean to set forth the name and telephone number, and if a corporation or
other entity, its principle place of business, or if an individual, the present or last

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known home address, his or her job title or titles, by whom employed and address of
the place of employment.


6. "Identify" or "identity" means to state or a statement of:

a. in the case of a person other than a natural person, its name, the address of its
principal place of business (including zipcode), its telephone number, and the name of
its chief executive officer, as well as, if it has a person other than a natural person that
ultimately controls it, that other person's name, the address of that person's principal
place of business (including zipcode), that other person's telephone number, and the
name of that other person's chief executive officer;

b. in the case of a natural person, his or her name, business address and telephone
number, employer, and title or position;

c. in the case of a communication, its date, type (e.g., telephone conversation or
discussion), the place where it occurred, the identity of the person who made the
communication, the identity of the person who received the communication, the
identity of each other person when it was made, and the subject matter discussed;

d. in the case of a document, the title of the document, the author, the title or position
of the author, the addressee, each recipient, the type of document, the subject matter,
the date of preparation, and its number of pages; and

e. in the case of an agreement, its date, the place where it occurred, the identity of all
persons who were parties to the agreement, the identity of each person who has
knowledge of the agreement and all other persons present when it was made, and the
subject matter of the agreement.

7. "Including" means including, but not limited to.

8. "Person" means any natural person, corporation, company, partnership, joint
venture, firm, association, proprietorship, agency, board, authority, commission,
office or other business or legal entity, whether private or governmental.

9. "Relating to" means containing, constituting, considering, comprising,
concerning, discussing, regarding, describing, reflecting, studying, commenting or
reporting on, mentioning, analyzing, or referring, alluding, or pertaining to, in whole
or in part.




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                                INTERROGATORIES


1. State your full name, home address (and all addresses for the last ten (10) years,
social security number, date of birth, marital status and your employer's name and
address. Include in your answer who lived with you in the last ten (10) year period.




2. State if you ever been convicted of a crime. If so, state as to each conviction the
specific crime and the date and place of conviction.




3. State if you ever been a party, either plaintiff or defendant, in a lawsuit other than
the present matter, and if so, State whether you were plaintiff or defendant, the nature
of the action, and the date and court in which suit was filled.




4. Identify each employee, agent and/or servant or any other person with personal
knowledge of the facts pertaining to the occurrence,and indicate those who were eye
witnesses, and state the substance of their knowledge and articulate their expected
testimony. For each such individual, identify his or her job title and job function
being performed by that individual at the time of these incidents, and the summary of
what knowledge the witness has.




5. Identify all persons known to you to have personal knowledge of the facts
pertaining to the occurrence, and indicate those who were eye witnesses, and state the
substance of their knowledge and articulate their expected testimony.




6. If anyone investigated this matter for you including, but not limited to, medical
experts, private investigators or insurance adjusters, state their name(s) and
address(es), and state whether such investigation was reduced to writing, and the
substance of their investigation and findings. If said investigators obtained any
signed, recorded, transcribed or oral statement from any individual, identify the
person who gave the statement and the present custodian of such statement.

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.7. Identify each person interviewed concerning these incidents. For each such person
state the date of the interview; the substance of the interview and if the interview was
recorded and/or transcribed.




8. Identify all persons to whom you have given signed statements regarding those
incidents, the date thereof, and the name of the person in whose custody each is at this
time.




9. Identify each and every written report made by any person concerning the
incidents.




10. State in your own words what you believe happened to the Plaintiff while he was
on the Premises, and include in your answer the basis upon which you have formed
that belief.




11. State whether or not the Premises were equipped with a video surveillance camera
and, if so, whose responsibility it was on the dates of the occurrence to monitor the
surveillance camera and whether there are still tapes from the dates of the occurances
and the week both before and after the occurance.




12. If you know of the existence of any pictures, photographs, plats, visual recorded
images, police reports, diagrams or objects relative to the occurrence, the Plaintiff’s
physical condition or the scene of the occurrence, identify the substance of such
recording and the present custodian of each such item.




13. State the name and specialty of all experts whom you propose to call as witnesses
at trial, and for each expert state the subject matter on which the expert is expected to

                                            7
testify, the substance of the findings and opinions to which the expert is expected to
testify and attach to your Answers copies of all written reports of each such expert.




14. State whether you consumed any drugs, medicines, or alcoholic beverages within
twenty-four (24) hours prior to said occurrence, the place where such drugs,
medicines, or alcoholic beverages were obtained, the nature of the drugs, medicines,
or alcoholic beverages, and the amount thereof.




15. Do you know of any statement, conversation, comment, testimony or report made
by any party to this lawsuit or witness, including the Plaintiff, made at the time of the
occurrence or following the occurrence, concerning the occurrence or facts relevant to
any issue in this case? If your answer is “yes,” state the content of such statement,
conversation, comment or report, the place where it took place and the custodian of
such statement.




16. If you and the Plaintiff had any conversation before these incidents, please state
the substance of any such conversation.




17. Do you believe that you did everything that you could to prevent these
incidents. Set forth everything that you did to avoid these incidents that occurred. Is
there anything you wish you had done differently?.




18. Identify your correct legal entity and identify, stating the date on which such
entity was formed, the State of incorporation, the name(s) and address(es) of all
officers, directors, general partners, limited partners and all other parties with any
interest in your organization.




19. Identify any previous or subsequent incidents of which you are aware that
occurred in substantially the same manner as the incident complained of in this
lawsuit, or which also occurred at the Premises, including a description of all premise

                                            8
liability claims made involving this property over the last 10 years.




20. Identify any procedures which you followed, at and before the time of the
occurrence, concerning Plaintiff’s medical needs and issues.




21. Identify any warnings, whether verbal or written which were given to the Plaintiff
specifically, and/or to other invitees to the Premises, in general before the occurrence
concerning the condition which caused or contributed to the occurrence.




22. At the time of the incidents, do you contend that any person or entity other than
you and/or your employees, agents and/or servants was responsible for the Premises
on which Plaintiff alleges the incidents have occurred ? If so, state each and every
fact on which you base your contention and identify each and every writing that
supports that contention.




23. Describe what training procedures, if any, are followed in the course of training
Defendant’s employees with regard to Dismas Charities halfway house
employment. This includes any and all written material, slides, photographs, films,
videotapes, etc. which Defendant utilizes in training employees.




24. If any employee of Dismas Charities,Inc., or anyone else had any conversations
with the Plaintiffs, please state to the best of your knowledge the place of such
conversations and the nature of such conversations.




25. State if Dismas Charities, Inc., was ever involved in a widespread corruption
scandal, for renting luxury sports boxes at the Papa John Cardinal Football
Stadium,and at the basketball arena in Louisville, at a cost of over $150,000 per year.


26. State if Ray Weis,The CEO of Dismas Charities,Inc., was paid in 2008, a salary of

                                           9
$600,000 to manage the corporation, and if the Executive Vice President, Jan Kempf
received over $450,000 salary, in 2008.




27. State if , Dismas Charities,Inc., was ever accused of corruption, spending public
money without being accountable for how they do it.




28. State if any Dismas Charities,Inc., employee ever solicited and received money
from prisoners in exchange for certain favors. ?




29. State if Dismas Charities,Inc. made any contributions for a political campaigns in
the last 10 year.




30. If so, list all Political Campaign Contributions, made by Dismas Charities,Inc., for
the last 10 years, and to the parties and/or person that they were made to.




31. Identify all Dismas Charities employees who have participated at any political
event, and made contributions on behalf of Dismas Charities,Inc.




32. Identify all Dismas Charities employees that were you aware of the fact that
Traian Bujduveanu was sent from the Dismas Charities, Inc.,halfway house to Home
Confinement, due to his severe medical condition.




33. Identify all employees of Dismas Charities,Inc.,who have intiated the removal of
Traian Bujduveanu, from Dismas Charities,Inc.,halfway house premises, to Federal
Detention Center in Miami.



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34. Identify all Dismas Charities employees that were aware of the fact that Traian
Bujduveanu was taken by ambulance to Broward Hospital, and that he spent most of
the night ,beforet the arrest and removal,in the emergency room at Broward Hospital,
due to pain and discomfort of liver and abdomen ?




35. Ientify all Dismas Charities employee or employees and witnesses that have
conducted , or order, the search of Traian Bujduveanu’s family vehicle ?




36. State if you were aware of the fact that a search of Traian Bujduveanu’s family
vehicle was conducted, without his knowledge or consent ,and he was not present at
the search ?



37. Identify all Dismas Charities employees that were aware of the fact that a cellular
telephone was found and removed from the glove compartment of the vehicle, and
that a Confiscation Slip or documents of removal were never issued ?




38. State if you are you familiar with the laws of search and seizure and/or the rights
of an American citizens.




39. Identify the name of all Dismas Charities employees that were aware of the fact
that Derek Thomas charged Traian Bujduveanu with a Greatest Violation Code 108,
for a telephone that was found in the glove compartment of the vehicle.




40. Identify all Dismas Charities employees that were aware of the fact that ALL
driving documents of Traian Bujduveanu, including DMV Driving Record, Copy of
valid Florida Driving License, copy of valid insurance issued by Allstate Insurance
Co., and even a personal letter from the director of DMV in Tallahassee, Florida,
were in his file for some times, at Dismas Charities Halfway House ?




                                           11
41. Identify all Dismas Charities employee that knew or know for how long these
documents were in Traian Bujduveanu’s file, before he was sent to Federal Detention
Center in Miami.




42. Identify all persons having knowledge or believed to have knowledge of the truth
of the facts and averments set forth in the Complaint and Answer. With respect to
each person identified, state concisely the facts that person is aware of, when and how
the facts were obtained, and identify any document evidencing said person's
knowledge. Identify all comments, written or oral, you have had with these
individuals.




43. State the name, address and occupation of each person whom you propose to call
as an expert witness, including in your answer the subject matter on which each such
expert is expected to testify, the substance of the findings and opinions to which such
expert is expected to testify, and a summary of the grounds for each opinion of each
such expert. Attach copies of the resume or curriculum vitae of each such person, as
well as copies of all written reports made by any proposed expert. Identify all
communications, written or oral, you have had with these individuals.




44. Identify, in conformity with the instructions above, each communication between
you and any other party or any internal documents that referred or related to, directly
or indirectly, the boiler system referenced in the Complaint. Please identify all
documents that refer or relate to said communications, and identify all persons who
have personal knowledge of said communications. If documents exist that are not in
your possession, please identify the nature of the documents and their location.




45. If you contend that Plaintiff or any other party has made any admission against
interest with respect to the allegations in this Complaint, state the substance of the
admission, identify the communication concerning the admission, identify all
documents that refer or relate to the admission, and identify all persons who have


                                           12
personal knowledge of the admission. Please provide the addresses and telephone
numbers of all persons involved, including any individual from whom you have any
written or signed or recorded statements, attaching to your answers a copy of any such
statement in your control given by the Plaintiff, or any agent thereof.




46. Identify and attach any written document upon which a claim or defense you
intend to use at trial is founded.




47. Identify all documents that you intend to introduce into evidence at trial,
including documents the expert or experts that you intend to have testify on your
behalf at trial have reviewed and/or relied upon in forming their opinions, or are
otherwise relevant to this case. Include in your answer whether you have photographs,
films, motion pictures or videotapes or other pictures relevant to the issues in this case
showing the scene of this occurrence at the time of or after its happening, showing
basically how it was then or now, or of the Plaintiff at any time after this occurrence,
or the materials involved in this occurrence? State the date of each, the person taking
the photographs and describe the content of each.




48. Do you have photographs, films, motion pictures or videotapes or other pictures
relevant to the issues in this case showing the scene of this occurrence at the time of
or after its happening, showing basically how it was then or now, or of the Plaintiff at
any time after this occurrence, or the materials involved in this occurrence? If so, state
the date of each, the person taking the photographs and describe the content of each.




49. Does you contend that the Plaintiff failed to heed or comply with any regulations,
laws, instruction or warning in connection with the occurrence in question or in any
other way negligently caused the Plaintiff’s incidents? Explain. If so, do Defendants
contend that such failure, if any, on the part of the Plaintiff had any causal connection
with the Plaintiff’s incidents?
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50. State the nature and extent of all liability insurance coverage of every kind
available directly or indirectly to you at the time of the happening of this occurrence
and include the name of each insurance company and the applicable limits of liability
insurance in effect for each person and/or occurrence;


(a) If there was more than one policy of insurance applicable in this instance, identify
each insurance company as indicated above and state which liability insurance
company is the primary insurance carrier and identify any/and all secondary, reserve
and/or umbrella liability insurance carriers, if any;


(b) Attach a copy of the policy and coverage sheet for each such liability insurance
company setting forth all the available liability limits of coverage.




                                           14
                         CERTIFICATE OF SERVICE

I, TRAIAN BUJDUVEANU,certify that I have this 21st day of August,2011 served a
true and correct copy of the foregoing PLAINTIFF TRAIAN BUJDUVEANU’S
FIRST SET OF INTERROGATORIES TO DEFENDANTS DISMAS
CHARITIES,INC.,ANA GISPERT,DEREK THOMAS AND LASHANDA
ADAMS, Upon Defendants, by causing to be deposited with the United States Postal
Services, First Class Mail, proper postage affixed thereto, addressed as follows:

Dismas Charities,Inc.
141 N.W. 1 St. Avenue
Dania, FL 33004-2835

Ana Gispert
Dismas Charities,Inc.
141 N.W. 1 St. Avenue
Dania, FL 33004-2835

Derek Thomas
Dismas Charities,Inc.
141 N.W. 1 St. Avenue
Dania, FL 33004-2835

Lashanda Adams
Dismas Charities,Inc.
141 N.W. 1 St. Avenue
Dania ,FL 33004-2835

David S. Chaiet,Esquire
Attorney for Defendants
4000 Hollywood Boulevard
Suite 265-South
Hollywood,FL 33021



EXECUTED ON THIS 19th DAY OF AUGUST, 2011

                            ___________________________________
                                  TRAIAN BUJDUVEANU, PRO SE
                                  5601 W. BROWARD BLVD.,
                                  PLANTATION, FL 33317




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______________________________
DISMAS CHARITIES,INC.



STATE OF FLORIDA           )
COUNTY OF__________________)


  Dismas Charities,Inc., being duly sworn, deposes and say that the attached Answers
are true and correct to the best of his/her knowledge, information and belief.




                                           ________________________________
                                           NOTARY PUBLIC


                                           _________________________________
                                           (Print, Type or Stamp Commissioned
                                            Name of Notary Public)


Personally Known______OR Produced Identification_______
Type of Identification Produced:

SWORN TO AND SUBSCRIBED before me this_____day of______________,2011

My commission expires:




                                         16
______________________________
ANA GISPERT



STATE OF FLORIDA           )
COUNTY OF__________________)


  Ana Gspert, being duly sworn, deposes and say that the attached Answers are true
and correct to the best of his/her knowledge, information and belief.




                                           ________________________________
                                           NOTARY PUBLIC


                                           _________________________________
                                           (Print, Type or Stamp Commissioned
                                            Name of Notary Public)


Personally Known______OR Produced Identification_______
Type of Identification Produced:

SWORN TO AND SUBSCRIBED before me this_____day of______________,2011

My commission expires:




                                         17
______________________________
DEREK THOMAS



STATE OF FLORIDA           )
COUNTY OF__________________)


  Derek Thomas, being duly sworn, deposes and say that the attached Answers are
true and correct to the best of his/her knowledge, information and belief.




                                          ________________________________
                                          NOTARY PUBLIC


                                          _________________________________
                                          (Print, Type or Stamp Commissioned
                                           Name of Notary Public)


Personally Known______OR Produced Identification_______
Type of Identification Produced:

SWORN TO AND SUBSCRIBED before me this_____day of______________,2011

My commission expires:




                                        18
______________________________
LASHANDA ADAMS



STATE OF FLORIDA           )
COUNTY OF__________________)


  Lashanda Adams, being duly sworn, deposes and say that the attached Answers are
true and correct to the best of his/her knowledge, information and belief.




                                          ________________________________
                                          NOTARY PUBLIC


                                          _________________________________
                                          (Print, Type or Stamp Commissioned
                                           Name of Notary Public)


Personally Known______OR Produced Identification_______
Type of Identification Produced:

SWORN TO AND SUBSCRIBED before me this_____day of______________,2011

My commission expires:




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