Joint shedilling report

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.

JOINT SCHEDULING REPORT

The Plaintiff, Traian Bujduveanu and Defendants Dismas Charities, Ana Gispert, Derek

Thomas and Adams Lashanda, by and through undersigned counsel, and pursuant to the Court's

"Order Requiring Joint Scheduling Report", hereby submit this Joint Scheduling Report.

A. STATEMENT OF THE FACTS AND OF THE CASE

Plaintiff Traian Bujduveanu, a former Federal Inmate, has filed a Complaint against

Residential Reentry Center (RRC)/Half Way House, Dismas, and three of its employees, Gispert,

Thomas and Lashanda.

PLAINTIFF'S SUMMARY OF CONTENTION & RELIEF SOUGHT

This is an individual action brought by Plaintiff Traian Bujduveanu, a former federal

inmate, against (i) Dismas Charities, Inc., owner and operator of Dismas Charities Halfway

House in Dania Beach, Florida, at which Plaintiff was sent by the Federal Bureau Of Prisons,

after he was released from Federal Custody to Community Custody;(ii) individual Defendants

Ana Gispert, Director of Dismas Charity Halfway House in Dania Beach, Florida, Derek

Case 1:11-cv-20120-PAS Document 29 Entered on FLSD Docket 05/19/2011 Page 1 of 22


Thomas, Assistant Director of Dismas Charities halfway house in Dania Beach, Florida, and

Lashanda Adams, Counsel of Dismas Charities halfway House in Dania Beach, Florida. ("An

inmate must be assigned COMMUNITY custody status, prior to transfer to a CCC")

(PS5100.08)

Plaintiffs claims against Dismas Charities, Inc. and the Defendants, allege violations of

Illegal Search and Seizure, False Arrest, Unlawful Imprisonment, Violation of Constitutional

Rights, Unlawful Discrimination of Race, National Origin, Ethnic Groups and Ancestry, Reverse

Discrimination under the color of state and federal law, Discriminatory Harassment, Intentional

Infliction of Mental Distress, Deliberate Indifference, Negligence and Gross Negligence, by

failing to ascertain the medical condition of the Movant complaints of feeling ill.

Plaintiff sues Defendants Ana Gispert, Derek Thomas and Lashanda Adams both in their

personal capacity and their official capacity as employees of Dismas Charities, Inc. for violation

of Plaintiff s :

a. First Amendment of the United States Constitution, for Freedom of Speech and retaliation;

b. Fourth Amendment of the United States Constitution, defining the right to be free from

unlawful seizure of his property or person;

c. Fifth Amendment of the United States Constitution, defining the rights to due process.

d. Eight Amendment of the United States Constitution, defining the right to be free from cruel

and unusual punishment.

d. Fourteen Amendment of the United States Constitution rights to

procedural due process pursuant to 42 U.S.C. 1983 ("Due Process")



e. Violation of state laws of the State Of Florida, to include False arrest and imprisonment,

Assault and battery; Malicious Prosecution, Abuse of process, Negligence, and Gross

Negligence.

f. Unlawful discrimination of race, national origin, ethnic groups and ancestry under the color of

state and federal law.

g. Infliction of Mental Distress,

h. Deliberate Indifference.

i. Negligence and Gross Negligence by failing to ascertain the medical condition of the Plaintiff

complaints of feeling ill.

Plaintiff brings this action for general, compensatory, and punitive damages,

prejudgment interest, costs and Court fees, and other appropriate and just relief resulting from

Defendants' unlawful conduct.

DEFENDANTS' SUMMARY

Defendants contend that Plaintiff, Traian Bujduveanu, was transferred from Federal

Correctional Institute Coleman Low to Dismas Charities, Inc.'s Dania Facility on July 28, 2010.

Dismas' Dania facility is a Residential Re-Entry Center for federal inmates, such as Plaintiff, to

serve out a remaining percentage of their sentence before release. Plaintiff was serving a 35

month sentence for conspiracy to violate the International Emergency Economic/Power Act, the

Iranian Transactions Regulations, and the Arm/Export Control Act. Plaintiff was scheduled for

release from Dismas on January 3, 2011.

On or about September 28, 2010, Plaintiff was transferred to home detention. He

remained on home detention until October 15, 2010, at which time he was returned to the Dania



facility for violating a condition of his home detention and the possession, manufacture, or

introduction of a hazardous tool. The underlying incident occurred on October 13, 2010, where

Plaintiff was discovered driving an automobile without proper authorization. The vehicle was

located at the Dania facility and was subsequently searched after Plaintiff was observed by staff

and then admitted that he had been operating the vehicle without authorization. A

mobile/cellular telephone was found inside the vehicle, which Plaintiff acknowledged.

A Disciplinary Report by Dismas staff was then prepared and signed by the Plaintiff on

October 15, 2010. In addition, an Incident Repot was also prepared by Dismas on October 20,

2010, and forwarded to the Bureau of Prisons. Also on this day, Dismas advised the Bureau of

Prisons that Plaintiff was terminated from the residential re-entry center due to the accumulation

of the Incident Report, three prior Disciplinary Reports, and general noncompliance with

program rules and regulations. He was, therefore, taken into custody by the U.S. Marshall

Service and transported to the Federal Detention Center in Miami, where he remained until his

release 81 days later.

Plaintiff originally filed with this Court a Motion for Return of Property against Dismas

and Ana Gispert, the Director of the Dania facility on January 12, 2011. The Motion was

preceded by a certified letter from Dismas to Plaintiff dated January 5, 2011, advising him that

his belongings were being held at the facility awaiting someone to pick them up. As of current

day, the items remain at Dismas.

On March 28, 2011, Plaintiff filed a Complaint against Dismas, Ana Gispert, Derek

Thomas and LaShanda Adams (improperly named as Adams Lashota) seeking $3.1 million

dollars in compensatory damages and $500,000 in punitive damages for a total of $3.6 million



dollars against the Defendants. The Complaint contains 50 paragraphs of "factual allegations"

filed by a laundry list of four alleged Federal Theories of Recovery and six alleged state law

theories of recovery. The Defendants filed a Motionto Dismiss the Complaint which is pending.

No counterclaims are expected.

B. UNCONTESTED AND STIPULATED FACTS

None.

C. LIST OF LEGAL ELEMENTS AND DEFENSES ASSERTED

The Plaintiffs list of the legal elements for each claim is as follows:

a. First Amendment of the United States Constitution, defining the right to freedom of

expression;

b. Fourth Amendment of the United States Constitution, defining the right to be free from

unlawful seizure of his property or person;

c. Fifth Amendment of the United States Constitution, defining the rights to due process.

d. Eight Amendment of the United States Constitution, defining the right to be free from cruel

and unusual punishment.

d. Fourteen Amendment of the United States Constitution rights to procedural due process

pursuant to 42 U.S.C. 1983 ("Due Process")

e. Violation of state laws of the State Of Florida to include False arrest and imprisonment,

Assault and battery; Malicious Prosecution, Abuse of process, Negligence, and Gross

Negligence.


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

f. Unlawful discrimination of race, national origin, ethnic groups and ancestry under the color of

state and federal law.

g. Infliction of Mental Distress,

h. Deliberate Indifference.

i. Negligence and Gross Negligence by failing to ascertain the medical condition of the Plaintiff

complaints of feeling ill.

j. Plaintiff brings this action for general, compensatory, and punitive damages; pre-judgment

interest, costs and Court fees; and other appropriate and just relief resulting from Defendants'

unlawful conduct.

Defendants have asserted the following defenses:

The Defendant has not raised defenses at this time. Instead, the Defendants filed a

Motion to Dismiss the Complaint. In the Motion to Dismiss, the Defendants alleged that the

Complaint fails to allege the specific facts and allegations necessary for any cause of action.

Instead the Complaint simply names a cause of action (i.e. abuse of process) without stating the

legal and factual elements for the cause of action. The Complaint fails to delineate which

Defendant is being sued for which specific cause of action. The Complaint also fails to allege

any cause of action against certain Defendants. Even if the factual allegations in the Complaint

are accepted as true, the Complaint fails to properly plead causes of action. The Complaint also

fails to allege any violations of Federal or State law by any Defendant. Without any proper and

sustainable Federal or State cause of action, this lawsuit should be dismissed.



D. WHETHER DISCOVERY SHOULD BE CONDUCTED IN PHASES OR

LIMITED TO CERTAIN ISSUES

The Parties do not believe that discovery should be conducted in phases or limited to

certain issues.

E. A DETAILED SCHEDULE OF DISCOVERY FOR EACH PARTY

Plaintiff and Defendants have attached their discovery schedules to this Report.

F. PROPOSED DATES AND DEADLINES

See attached Schedule on the form provided by the Court.

G. ESTIMATED LENGTH OF TRIAL

This case will be tried by a jury and is estimated to last 4-7 days.

H. LIST OF PENDING MOTIONS

Defendants filed a Motion to Dismiss which is not ripe as the Plaintiff has not presently

filed a response brief and Defendants have not filed a reply brief. The Motion to Dismiss was

filed on May 4, 2011. There are no other matters presently set before this court other than Joint

Scheduling Report and Motion to DismissAnd Incorporated Memorandum of Law in Support by

Dismas Charities, Inc. However, Plaintiff intends to file Motion to Strike Motion to Dismiss and

Incorporated Memorandum of Law in Support of the defendants.

I. UNIQUE LEGAL OR FACTUAL ASPECT REQUIRING

SPECIAL CONSIDERATION

Unknown at this time pending the determination of the Motion to Dismiss. The Plaintiff

is pro se.



J. STATEMENT OF NEED OR AGREEMENT TO REFER MATTERS TO

MAGISTRATE JUDGE

The Parties agree that the Magistrate can hear all non-dispositive motions. The Parties

agree that the District Court Judge should try this matter and rule on dispositive motions and pre

trial motions. The Parties agree that the District Court Judge shall be the one to try this matter in

front of a jury.

K. LIKELIHOOD OF SETTLEMENT

In light of the demands of the Plaintiff and settlement conversations to date, settlement is

unlikely. The Parties are willing to discuss settlement.

L. ANY LOCAL RULE 16.1B MATTERS

Unknown at this time pending determination of the Motion to Dismiss.

The parties certify that their Rule 26 disclosures will be made at the time of the

preparation of this Report.

The parties certify that their Rule 26 disclosures have been made at the time of the

preparation of this Report.

DATED: DATED:

TRAIAN BUJDUVEANU, PRO SEPro Se Plaintiff

5601 W. Broward Blvd.

Plantation, FL 33317(954)316-3828orionav(S),msn.com

TRAIAN BUJDUVEANU, PRO SE

,: V WDAVID S. CHAIET, ESQUIREAttorneys for DefendantsEisinger, Brown, Lewis, Frankel& Chaiet, P.A.4000 Hollywood BoulevardSuite 265-South

Holly\(954)dchaiettoetsingftfiavy.com

DAVID 57CHAIET, ESQUIREFla. Bar No. 963798



CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 19th day of May, 2011, I electronically filed theforegoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoingdocument is being served this day on all counsel of record or pro se parties identified on theattached Service List in the manner specified, either via transmission of Notices of ElectronicFiling generated by CM/ECF or in some other authorized manner for those counsel or partieswho are authorized to receive electronically Notices of Electronic Filing.

Isi David S. Chaiet

DAVID S. CHAIET, ESQUIREFlorida Bar No. 963798



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 BujduveanuPro Se Plaintiff


Plantation, FL 33317

Tel: (954) 316-3828Email: [email protected]

10



Case Management Deadline Worksheet

ft tJ.AU.5-V 5 .2QII Joinder of parties and amendment of pleadings.S/»0+Anh^3a2£JI Parties shall furnish opposing counsel with awritten list containing the names and addresses of ail fact witnesses intended to beOCPVaXMCJU^i wiied ^ tr.a| ^ Qn)y ^ w.messes ljsted shaU ^ permjtted tQ testjfy ^^ good cause IS shown ^ ^g 1S no prejudice to

opposing party. The parties are under acontinuing obligation to supplement discovery responses within ten (10) days ofreceipt orother notice of new or revised information.

/VtfthA-31 20ll Plaintiffmust furnish expert witness listto the Defendant, alongwith the summaries/reports required by Local Rule 16 l.K, and onlyUUUVUC^i-^mi AMe ^^ w.inesses sha|| be permiued tQ testjfy wjthin ^ fourteen day perjod thereat, Piaint.ff shall make .ts expertsavailable fordeposition by Defendant.

l)tfr/*W if\20li Defendant must furnish expert witness list to the Plaintiffalong with the summaries/reports required by Local Rule 16. l.K. and onlyW(USZaflfr_M>A*ii ^ ^^ w^cnes ^ ^ ^.^ ^^.^ wjthin ^ ^^ dfly perjod Pearler, Defendan, shall make its expertsavailable for deposition by Plaintiff.

X)ce.embcr llo,ZULi A"discovery must be completed.

Tw^l,- [u 2QJI All dispositive pretrial motions and memoranda of law must be filed. Aminimum of fifteen (15) weeks is required for the CourtVCLCOOOec JJA, fc*J. ^^ dispositive motions prior to filing of the joint pretrial stipulation. If no dispositive motions will be filed, clearly note

this fact in the Joint Scheduling Report.

A04jQLS±J& ^1 Mediation must be completed. (The parties should select the earliest date to maximize resolution of the case in amanner thatpromotes client and judicial economy.)

Jan ii/im 1U 20l2 (a) Joint pretrial stipulation must be filed pursuant to Local Rule 16.1 ,E. The pretrial stipulation shall include Plaintiffs non-b.nding^^ breakdown of damages with corresponding amounts; the witness lists shall be pared down to those witnesses the parties actually

intend to call at trial; and the exhibit lists shall identify the witness introducing each exhibit. The parties shall meet at least one(1) month prior to the deadline for filing the pretrial stipulation to confer on the preparation ofthat stipulation. The Courtwill not accept unilateral pretrial stipulations, and will strike, sua sponte, any such submissions; and

(b) Joint proposed jury instructions (for jury cases) or conclusions of law (non-jury cases) outlining (1) the legal elements ofPlaintiffs claims, including damages, and (2) the legal elements of the defenses raised; and

(c) Joint Summary ofRespective Motions in Limine must be filed. The Summary shall contain acover page providing thestyle ofthe case and an index ofthe motions in limine. The Summary shall also include for each evidentiary issue: (0 aone (1) pagemotion identifying the evidence sought to be precluded at trial and citing legal authority supporting exclusion; and (//) aone (I) pageresponse to the motion providing astatement of the purpose for which the challenged evidence would be offered and citing legalauthority in support ofadmission ofthe challenged evidence. The parties shall work together to prepare the Summary. Prior tosubmission ofthe Summary, the parties are encouraged to resolve evidentiary issues through stipulation.

tiALIAULli 2MI Final proposed jury instructions or findings of fact and conclusions of law must be submitted. (A courtesy copy shall be hand-JU -u-") "+ delivered l0 Chambers on 3.5 diskette, WordPerfect format), each party's list indicating each witness who will testify at trial, aone

sentence synopsis of the testimony, and in consultation with opposing counsel, indicate the amount oftime needed for direct andcross examination.

finrl\ ,iHil Pretrial conference. Usually 50 minutes are allotted for pretrial conference unless the parties or the Court, sua sponte. indicate agreater time is needed.

<WL^ >MZ Trial Date.llnk/UulA Date ofany other deadline the parties adopt as part oftheir case management plan, including Daubert or Markman hearing. In cases

the parties anticipate aMarkman hearing, counsel must provide dates for the exchange ofproposed disputed claim terms, and duedates for Plaintiffs brief and Defendant's brief.

[Attachment A]


Case 1:11 -cv-20120-PAS Document 11 Entered on FLSD Docket 02/03/2011 Page 6 of 7

TRAIAN BUJDUVEANU,

Plaintiff,

v.

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO. 11-20120-CIV-SEITZ/O'SULLIVAN

ANA GINSPERT and DISMASCHARITIES, INC.,

Defendant.

ELECTION TOJURISDICTION BY AUNITED STATESMAniRTB ATF JUDGE FOR FINAL DISPOSITION OF MOTIONS

In accordance with the provisions of 28 U.S.C. 636(c), the undersigned parties to the above-captioned civil

matter hereby jointly and voluntarily elect to have aUnited States Magistrate Judge decide the following motions and

issue a final order orjudgment with respect thereto:

1. Motions for Costs

2. Motions for Attorney's Fees

3. Motions for Sanctions

4. Motions to Dismiss

5. Motions for Summary Judgment

6. Other (specify)

Yes

Yes

Yes

Yes

Yes

*

(Date) (Signature-Plaintiffs Counsel)

(Date)

(Date)

(Date)

(Signatuir>*hrhTtTTfs Cdunsel)

(Signature-Defendant's Counsel)

(Signature-Defendant's Counsel)

[Attachment B]

No

No

No

No

No

<A>^°v*



UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

CASE NO. 11-20120-CIV-SEITZ/O'SULLIVAN

TRAIANBUJDUVEANU,

Plaintiff,

v.

ANA GINSPERT and DISMASCHARITIES, INC.,

Defendant.

ELECTION TO JURISDICTION BY Atttmitfxi STATES MAGISTRATE JUDGE FOR TRIAL

Inaccordance with the provisionsof28 U.S.C. 636(c), the undersigned parties to the above-captioned

civil matter hereby jointly and voluntarily elect to have aUnited States Magistrate Judge conduct any and allfurther proceedings in the case, including TRIAL, and entry of final judgment with respect thereto.

(5^) (Signature-Plaintiffs Counsel)

(5^) (Signature-Plaintiffs Counsel)

(Date) (Signature-Defendant'st>

(5^) (Signature-Defendant's Counsel) iVs^-

\<*^*^

[Attachment C]


IN THE UNITED STATES DISTRICT COURT FORTHE SOUTHERN DISTRICT OF FLORIDA


TRAIAN BUJDUVEANU,

Plaintiff,

vs.


Defendants.

DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS ANDADAMS LESHOTA'S DISCOVERY SCHEDULE

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

incorrectly identified as Adams Leshota (collectively "Defendants") pursuant to the Federal

Rules of Civil Procedure and the Southern District of Florida Local Rules, hereby file their

discovery schedule as follows:

Written Discovery:

Defendant Dismas propounded initial interrogatories and requests for production upon the

Plaintiff on April 28, 2011. Additional written discovery may be needed following the Court's

ruling on Defendant's motion to dismiss. Defendants hope to complete written discovery on or

before September 15, 2011, which will include requests for production, requests for admissions

and interrogatories.


11-20120-CIV-SEITZ/SIMONTON

Depositions:

Defendants intend to set the Plaintiff for depositions sometime in August 2011. Defendants

anticipate defending the depositions of Dismas, Gispert,Thomas and Lashanda. Defendants may

need to depose representatives of the United States Marshall's Service and Federal Bureau of

Prisons, along with the Plaintiffs wife and son. These depositions will likely be set in

September or October 2011.

Expert Discovery:

At this time expert discovery is not anticipated unless the Plaintiff presents a claim for physical

or mental injury. If so, then Defendants will need to retain an expert in the appropriate medical

specialty.

Respectfully submitted,

EISINGER, BROWN, LEWIS, FRANKEL,& CHAIET, PA.Attorneys for Defendants4000 Hollywood BoulevardSuite 265-South

Hollywood, FL 33021(954) 894-8000(954) 894-8015 Fax

BY: /S/ David S. Chaiet

DAVID S. CHAIET, ESQUIREFBN: 963798





Isi David S. Chaiet




SERVICE LIST






Tel: (954) 316-3828Email: orionav(a),msn.com


IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLORIDA


TRAIAN BUJDUVEANU,

Plaintiff,

vs.


Defendants.

DEFENDANTS DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS ANDADAMS LESHOTA'S DISCLOSURES PURSUANT TO RULE 26

OF THE FEDERAL RULES OF CIVIL PROCEDURE

AND CERTIFICATE OF INTERESTED PERSONS

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

incorrectly identified as Adams Leshota (collectively "Defendants") pursuant to the Federal

Rules of Civil Procedure and the Southern District of Florida Local Rules, hereby makes their

initial disclosures:

Traian Bujduveanu5601 W. Broward Blvd.


PWMK at Dismas Charities, Inc.141 N.W. 1st AvenueDania Beach, FL 33004


Ana GispertDismas Charities, Inc.141 N.W. 1stAvenueDania Beach, FL 33004

Derek Thomas

Dismas Charities, Inc.141 N.W. 1stAvenueDania Beach, FL 33004

Adams Lashanda

Dismas Charities, Inc.141 N.W. 1stAvenueDania Beach, FL 33004

PWMK at the United States Marshalls Service

Federal Courthouse Square400 N. Miami Avenue, 6th FloorMiami, FL 33128

PWMK Federal Bureau of Prisons-Miami Detention Center

33 Northeast 4th Street

Miami, Florida 33101-9118

Wife and Children of

Traian Bujduveanu5601 W. Broward Blvd.





1. Defendants hereby discloses the following documents which may support their defenses as

follows:

1. Dismas file on Mr. Bujduveanu.

2. United States Marshall's file on Mr. Bujduveanu.

3. United States Federal Bureau of Prison file on Mr. Bujduveanu.

4. Manuals and handbooks of Dismas for residents and other released inmates.

2. No other disclosures are required to be made by the Defendants pursuant to Rule 26 at this

time.

Respectfully submitted,

EISINGER, BROWN, LEWIS, FRANKEL,& CHAIET, PA.Attorneys for Defendants4000 Hollywood BoulevardSuite 265-South

Hollywood, FL 33021(954) 894-8000(954) 894-8015 Fax

BY: /S/ David S. ChaietDAVID S. CHAIET, ESQUIREFBN: 963798





Isl David S. Chaiet




SERVICE LIST






Tel: (954) 316-3828Email: [email protected]


Joint shedilling report

Documents

defendants dismas charities

employees of dismas

state of florida

dania beach

derek thomas

united states district

adams lashanda

federal custody