Defendants dismas charties, inc., ana gispert, derek thomas and adams leshota’s brief in response to plaintiff’s motion to compel responses to request for production
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Defendants dismas charties, inc., ana gispert, derek thomas and adams leshota’s brief in response to plaintiff’s motion to compel responses to request for production

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    Defendants dismas charties, inc., ana gispert, derek thomas and adams leshota’s brief in response to plaintiff’s motion to compel responses to request for production Defendants dismas charties, inc., ana gispert, derek thomas and adams leshota’s brief in response to plaintiff’s motion to compel responses to request for production Document Transcript

    • Case 1:11-cv-20120-PAS Document 57 Entered on FLSD Docket 09/09/2011 Page 1 of 4 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 ADAMS LESHOTA’S BRIEF IN RESPONSE TO PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams, incorrectly identified as Adams Leshota (collectively “Defendants”) by and through their undersigned counsel and file their Brief in Response to Plaintiff Traian Bujduveanu’s (“Plaintiff”) Motion to Compel Responses to Request for Production and states as follows: 1. Plaintiff has filed a Motion to Compel Responses to Requests for Production against the Defendants. (Docket number 53). As the Defendants have agreed to produce the requested documents at their counsel’s office as they are kept in the course of business, the Defendants have complied with Federal Rule of Civil Procedure 34 (2)(E). The rule states: (E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information: (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;
    • Case 1:11-cv-20120-PAS Document 57 Entered on FLSD Docket 09/09/2011 Page 2 of 4 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 2. The document inspection cannot occur at Dismas’ offices because as a condition of the Plaintiff’s supervised release from prison, he is not allowed contact or to be around convicted felons. As convicted felons live at Dismas, the Plaintiff should not return to Dismas. Further, since Dismas is represented by counsel and does not want direct contact with the Plaintiff on their premises, the inspection of documents should occur at Dismas’ counsel’s office, which is actually closer to the Plaintiff’s home than Dismas’ offices. Lastly, Dismas is willing to produce the documents upon payment of copying costs by the Plaintiff. 3. Accordingly, Plaintiff’s Motion must be denied as Defendants have timely and properly responded to the Request for Production by stating that the inspection of documents will be permitted at Defendants’ counsel’s office. WHEREFORE, Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Adams Lashanda, incorrectly identified as Adams Leshota respectfully request that Plaintiff’s Motion be denied and that the Court grant any further relief it deems appropriate. 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 2
    • Case 1:11-cv-20120-PAS Document 57 Entered on FLSD Docket 09/09/2011 Page 3 of 4 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 9th day of September, 2011, I 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 3
    • Case 1:11-cv-20120-PAS Document 57 Entered on FLSD Docket 09/09/2011 Page 4 of 4 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@msn.com 4