Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 1 of 7                           IN THE UNITE...
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 2 of 7                                       ...
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 3 of 7                                       ...
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Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 5 of 7                                    CAS...
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 6 of 7                                       ...
Case 1:11-cv-20120-AMS Document 126-1 Entered on FLSD Docket 11/16/2012 Page 7 of 7                                       ...
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Doc. 126 1

  1. 1. 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 PLAINTIFFS 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)
  2. 2. 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 Dismass 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)
  3. 3. 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 Dismass 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
  4. 4. 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).
  5. 5. 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
  6. 6. 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
  7. 7. 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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