Case 1:11-cv-20120-PAS Document 35 Entered on FLSD Docket 05/25/2011 Page 1 of 5 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 STRIKE DOCUMENT FROM THE DOCKET Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Adams Lashanda, incorrectly identified as Adams Leshota (collectively “Defendants”) by and through their undersigned counsel, file their Brief in Response to Plaintiff Traian Bujduveanu’s (“Plaintiff”) Motion to Strike Documents from the Docket and alleges as follows: 1. Pursuant to Order of the Court, the parties were required to submit a Joint Scheduling Report on or before Friday May 20, 2011. 2. After substantial time, energy and effort by Defendants’ counsel, Defendants presented a proposed Joint Scheduling Report that followed the format recommended by the District Court. However, Plaintiff initially refused to accept this form. Plaintiff wanted to submit a Joint Scheduling Report having a section that basically contained an almost complete recitation of the Complaint.
Case 1:11-cv-20120-PAS Document 35 Entered on FLSD Docket 05/25/2011 Page 2 of 5 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 3. After numerous conversations and email communications, Plaintiff agreed to the form of the Joint Scheduling Report. However, Plaintiff, despite numerous requests, failed to sign and return the Joint Scheduling Report to Defendant’s counsel so that the Report could be timely filed. 4. As the deadline to file the Report was approaching, in the abundance of caution, Defendants’ counsel electronically filed the Joint Scheduling Report during the evening of May 19, 2011, without Plaintiff’s signature. (Docket number 29) 5. The following day the Plaintiff filed his own Joint Scheduling Report. (Docket number 30) 6. Subsequently, the Plaintiff then signed and filed the Joint Scheduling Report (Docket Number 31) originally agreed upon and filed by Defendants’ counsel on May 19, 2011. 7. While the Defendants do not agree with the commentary contained in the first three paragraphs of Plaintiff’s Motion to Strike the Document from the Docket, Defendants concur with the statements contained in paragraph 4 of Plaintiff’s Motion, specifically that Defendants agree that Document 31, is the valid and correct Joint Scheduling Report, which is identical to the one filed by Defendants on May 19, 2011. 8. Accordingly, Defendants do not oppose Plaintiff’s Motion to Strike Document 30, which is the Joint Scheduling Report unilaterally filed by the Plaintiff. 2
Case 1:11-cv-20120-PAS Document 35 Entered on FLSD Docket 05/25/2011 Page 3 of 5 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 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 3
Case 1:11-cv-20120-PAS Document 35 Entered on FLSD Docket 05/25/2011 Page 4 of 5 CASE NO.: 11-20120-CIV-SEITZ/SIMONTON CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 25th day of May, 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 4
Case 1:11-cv-20120-PAS Document 35 Entered on FLSD Docket 05/25/2011 Page 5 of 5 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: email@example.com 5