Bujduveanu v. Dismas Charities,Inc.

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 Court's "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. 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. 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. 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. 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. 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. 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