Doc 105

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Doc 105

  1. 1. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 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 PRE-TRIAL STIPULATION Defendants Dismas Charities, Ana Gispert, Derek Thomas and Adams Lashanda, by and through undersigned counsel, and pursuant to the Courts "Order Requiring Joint Scheduling Report”, hereby submit this Pre-Trial Stipulation as follows: STATEMENT OF THE FACTS AND OF THE CASE 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
  2. 2. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 Page 2 of 7 Transactions Regulations, and the Arm/Export Control Act. Plaintiff was scheduled for release from Dismas on January 3, 2011 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 alleging various common law torts and alleged constitutional rights violations regarding his return from the halfway house to a Federal Detention Center to complete the last few weeks of his sentence. The Amended Complaint alleges federal theories of recovery (Violations of the First, Fifth and Fourteenth Amendments), and three alleged state law theories of recovery (Abuse of Process, Negligence and Malicious Prosecution)—all arising from his violation of a Bureau of Prison’s condition to not drive an automobile or posses a cell phone, which caused him to be transferred from Dismas back to a Federal Prison to complete the remaining 81 days of his Federal Prison sentence. Plaintiff contends the Defendants violated his rights and caused him damages. The Defendants contend that on or about September 28, 2010, Plaintiff was transferred from Dismas to home detention. Plaintiff remained on home detention until October 15, 2010, at which time he was properly returned to the Dania facility for violating a condition of his home detention. On October 13, 2010, 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. The Bureau of Prisons that Plaintiff terminated the Plaintiff from the residential re-entry center duel noncompliance with program rules and regulations. Plaintiff
  3. 3. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 Page 3 of 7 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. Defendants deny that they violated the Plaintiff’s rights or caused him any damages. BASIS OF FEDERAL JURISDICTION Plaintiff has sued for violation of his constitutional rights. The Plaintiff alleges violations of his First, Fifth and Fourteenth Amendment rights. The Defendants contend that the Plaintiff cannot maintain any action under Federal Law and this lawsuit must be dismissed. THE PLEADINGS RAISING THE ISSUES The Plaintiff filed an Amended Complaint (Docket 101) The Defendants filed an answer. Docket 102). LIST OF UNDISPOSED MOTIONS The Plaintiff filed a Motion for Summary Judgment. (Docket 72). Defendants filed a Motion for Summary Judgment (Docket 83), Supplemental Motion for Summary Judgment (Docket 103) and Motion to Strike the Plaintiff’s Pleadings for failing to appear for depositions. (Docket 78). UNCONTESTED FACTS 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 from
  4. 4. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 Page 4 of 7 Dismas to home detention. Plaintiff 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. On October 13, 2010, 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. The Bureau of Prisons that Plaintiff terminated the Plaintiff from the residential re-entry center duel noncompliance with program rules and regulations. Plaintiff 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. STATEMENT OF FACTS THAT NEED TO LITIGATED The facts that need to be litigated are whether the Defendants violated the Plaintiff’s First, Fifth and Fourteenth Amendment rights; whether the Defendants abused process, were negligent or malicious prosecuted the Plaintiff; whether the Plaintiff sustained any damages; whether the Defendants are protected by privilege; whether the Plaintiff has standing to sue any Defendant for violations of Constitutional rights; whether the Plaintiff is comparatively negligent; whether the Plaintiff is responsible for his own damages; whether the Plaintiff mitigated his damages and whether the Plaintiff was properly returned to a correctional facility for violating half way house rules and regulations. ISSUE OF LAW FOR WHICH AN AGREEMENT EXISTS None, for the reasons set forth in the parties Motions for Summary Judgment.
  5. 5. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 Page 5 of 7 ISSUE OF LAW FOR COURT DETERMINATION The issues of law are whether the Defendants violated the Plaintiff’s First, Fifth and Fourteenth Amendment rights; whether the Defendants Abused Process, were negligent or malicious prosecuted the Plaintiff; whether the Plaintiff sustained any damages; whether the Defendants are protected by privilege; whether the Plaintiff has standing to sue any Defendant for violations of Constitutional rights; whether the Plaintiff is comparatively negligent; whether the Plaintiff is responsible for his own damages; whether the Plaintiff mitigated his damages. LIST OF TRIAL EXHIBITS Defendants’ trial exhibit list is attached. WITNESS LIST Defendants witness list is attached. LENGTH OF TRIAL The trial is estimated to last 4-5 days. ATTORNEYS’ FEES Attorney’s fees are not an issue as the Plaintiff is pro se. DATED: __________________ DATED: __________________ TRAIAN BUJDUVEANU, PRO SE DAVID S. CHAIET, ESQUIRE Pro Se Plaintiff Attorneys for Defendants 5601 W. Broward Blvd. Eisinger, Brown, Lewis, Frankel Plantation, FL 33317 & Chaiet, P.A. (954) 316-3828 4000 Hollywood Boulevard orionav@msn.com Suite 265-South Hollywood, FL 33021 (954) 894-8000 dchaiet@eisingerlaw.com _________________________________ _________________________________ TRAIAN BUJDUVEANU, PRO SE DAVID S. CHAIET, ESQUIRE Fla. Bar No. 963798
  6. 6. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 Page 6 of 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 18th day of May, 2012, 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
  7. 7. Case 1:11-cv-20120-AMS Document 105 Entered on FLSD Docket 05/18/2012 Page 7 of 7 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

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