Defendants filed a motion to strike the plaintiff's response brief to their reply brief in support of their motion for summary judgment for the following reasons: 1) The local court rules do not permit a response to a reply brief without court approval, which was not obtained. 2) Even if permitted, the plaintiff's response brief exceeds the 20-page limit for response briefs and the 10-page limit for reply briefs. 3) The defendants argue the plaintiff's response brief should be stricken from the record.

1. Case 1:11-cv-20120-PAS Document 93 Entered on FLSD Docket 01/19/2012 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’ MOTION TO STRIKE PLAINTIFFS RESPONSE TO DEFENDANTS’
REPLY BRIEF IN SUPPORT OF DEFENDANTS’ MOTION FOR FINAL SUMMARY
JUDGMENT AND INCORPORATED MEMORANDUM OF LAW
Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams,
(collectively “Defendants”) by and through their undersigned counsel, file their Motion to Strike
Plaintiff Traian Bujduveanu’s (“Plaintiff”) Brief in Response to Defendants’ Reply Brief in
Support of their Motion for Summary Judgment (Docket Number 92), against Traian
Bujduveanu (“Plaintiff”) as follows:
PROCEDURAL BACKGROUND
1. On December 10, 2011, Defendants filed their Motion for Final Summary
Judgment against the Plaintiff. (Docket Number 83)
2. On January 3, 2012, Plaintiff filed his Brief in Response to Defendants’ Motion
for Final Summary Judgment. (Docket Number 90)
3. On January 12, 2012, Defendants filed their Reply Brief to Plaintiff’s Response
Brief and in further support of Defendants’ Motion for Final Summary Judgment. (Docket
number 91)

2. Case 1:11-cv-20120-PAS Document 93 Entered on FLSD Docket 01/19/2012 Page 2 of 5
4. No further briefs are permitted under the United States District Court Local Rules
for the Southern District of Florida.
5. On January 18, 2012, Plaintiff filed a Response to Defendants’ Reply Brief.
(Docket Number 92) Though titled Reply Brief in Response to Defendants’ Response Brief, the
brief is clearly in response to Defendants’ Reply Brief. The first paragraph of the brief states that
the Plaintiff “files this response to Defendant’s Reply Brief.” Further, the discussion in the brief
addresses all the issues raised in Defendants’ Reply Brief. The Federal Docket also lists this
filing as:
Docket Text:
REPLY Brief in Response to [91] REPLY to Response to Motion re 83
MOTION for Summary Judgment by Traian Bujduveanu. (ar2)
6. As the Plaintiff is not permitted to file a response brief to a reply brief by Local
Rules 7.1 and 7.5 of the United States District Court, Southern District of Florida, the Plaintiff’s
Reply Brief in response to Defendant’s Reply Brief must be stricken.
LEGAL ARGUMENT
The Local Rules for the United States District Court for the Southern District of Florida
provide the procedure for Motion practice. Rule 7.1(c) provides that the movant shall file a
motion, the party opposing the motion shall file a response brief and the movant may file a reply
brief. In the matter at hand, Defendants filed a motion for summary judgment, the Plaintiff filed
a response brief and the Defendants filed a reply brief. In contravention of the Rules of Civil
Procedure and Local Rules, the Plaintiff improperly filed a response brief to Defendants’ reply
brief. The Plaintiff did not obtain permission of the Court to file an additional brief, As a
response/reply brief to a reply brief is not permitted, absent prior permission of the Court, the
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3. Case 1:11-cv-20120-PAS Document 93 Entered on FLSD Docket 01/19/2012 Page 3 of 5
Plaintiff’s response brief to Defendant’s reply brief in support of Defendants motion for final
summary judgment must be stricken.
Even if the brief was proper, which is denied, the brief is longer than the proper page
limitation. Rule 7.1(c)(2) states that a response brief shall not exceed twenty (20) pages and a
reply brief shall not exceed ten (10) pages. The thirteen page single spaced brief (exclusive of 20
pages of unauthenticated attachments), if properly double spaced, would exceed twenty pages if
considered a response brief. If considered a reply brief, the brief itself would exceed the ten
page limitation of the Local Rules. Accordingly, the Plaintiff’s Response Brief/Reply Brief to
Defendants’ Reply Brief must be stricken.
CONCLUSION
For the reasons set forth above, the Defendants would move this Court for an Order
Striking Plaintiffs Response Brief to a Reply Brief Docket Number 92 and for any further relief
the Court deems just and proper.
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
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4. Case 1:11-cv-20120-PAS Document 93 Entered on FLSD Docket 01/19/2012 Page 4 of 5
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 19th day of January, 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
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5. Case 1:11-cv-20120-PAS Document 93 Entered on FLSD Docket 01/19/2012 Page 5 of 5
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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