Similar to Government’s response to defendant bujduveanu’s motion for hearing re detention order (d.e.72), supplemental motion for evidentiary hearing (d.e.73),
Similar to Government’s response to defendant bujduveanu’s motion for hearing re detention order (d.e.72), supplemental motion for evidentiary hearing (d.e.73), (20)
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Government’s response to defendant bujduveanu’s motion for hearing re detention order (d.e.72), supplemental motion for evidentiary hearing (d.e.73),
1. Case 1:08-cr-20612-PAS Document 81 Entered on FLSD Docket 09/10/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 08-20612-CR-SEITZ
Magistrate Judge John J. O’Suliivan
UNITED STATES OF AMERICA
vs.
TRAIAN BUJDUVEANU,
Defendant.
________________________________/
GOVERNMENT’S RESPONSE TO DEFENDANT BUJDUVEANU’S
MOTION FOR HEARING RE DETENTION ORDER (D.E.72),
SUPPLEMENTAL MOTION FOR EVIDENTIARY HEARING (D.E.73),
MOTION TO COMPEL EVIDENCE (D.E.74),
MOTION FOR CLARIFICATION (D.E.75), and
MOTION FOR NEW HEARING TO APPEAL DETENTION ORDER (D.E.76)
The United States of America, through the undersigned Assistant United States Attorney,
files this Response to the following pro se Motions filed by Defendant Bujduveanu: Motion for
Hearing re Detention Order (D.E.72), Supplemental Motion for Evidentiary Hearing (D.E.73),
Motion to Compel Evidence (D.E.74), Motion for Clarification (D.E.75), and Motion for New
Hearing to Appeal Magistrate’s Detention Order (D.E.76). For the reasons that follow, this Court
should deny the Motions.
Defendant Bujduveanu was arrested in this case on June 21, 2008, and had his initial
appearance before a United States Magistrate Judge on June 23, 2008. From the time of his initial
appearance, Defendant Bujduveanu has been represented by counsel. See D.E. 10, Notice of
Temporary Appearance by Bruce M. Lyons. On July 3, 2008, new counsel, attorney Mark Eiglarsh,
entered an appearance on behalf of Defendant Bujduveanu. See D.E. 22, Notice of Attorney
Appearance by Mark Eiglarsh. On July 15, 2008, Defendant Bujduveanu was arraigned on the
indictment in this case, and, at the arraignment, Defendant Bujduveanu was represented by counsel,
2. Case 1:08-cr-20612-PAS Document 81 Entered on FLSD Docket 09/10/2008 Page 2 of 3
Mark Eiglarsh. As far as undersigned counsel is aware, Defendant Bujduveanu continues to be
represented by attorney Mark Eiglarsh, who has also filed two Motions on behalf of Defendant
Bujduveanu, which are now pending before this Court.
Southern District of Florida Local Rule 11.1.D.4 provides:
Whenever a party has appeared by attorney, the party cannot thereafter appear or act
on the party’s own behalf in the action or proceeding, or take any step therein, unless
an order of substitution shall first have been made by the Court, after notice to the
attorney of such party, and to the opposite party; provided, that the Court may in its
discretion hear a party in open court, notwithstanding the fact that the party has
appeared or is represented by an attorney.
In the instant case, as noted above, Defendant has been represented by counsel throughout all court
proceedings in this case to date. Accordingly, the defendant cannot act on his own behalf by filing
pro se motions without first seeking and obtaining a court order of substitution of counsel.
Accordingly, this Court should deny all of Defendant’s pro se Motions because the Motions
cannot be filed by Defendant on a pro se basis while he is represented by counsel.
WHEREFORE, Defendant has filed the Motions in violation of the Local Rules of the
Southern District of Florida, and, therefore, the United States respectfully requests that this Court
deny the defendant’s pro se motions without a hearing and direct the defendant that any future
motions must be filed through his attorney.
Respectfully submitted,
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By: S/ Melissa Damian
MELISSA DAMIAN
ASSISTANT UNITED STATES ATTORNEY
Fla. Bar No. 0068063
99 N.E. 4th Street, Suite 600
Miami, Florida 33132
Telephone: (305) 961-9018
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3. Case 1:08-cr-20612-PAS Document 81 Entered on FLSD Docket 09/10/2008 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on September 10, 2008, I electronically filed the foregoing with the
Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to
Mark Eiglarsh, counsel for Defendant Traian Bujduveanu.
Melissa Damian
Assistant United States Attorney
S/ Melissa Damian
Melissa Damian
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