This document provides the Defendants' response to the Plaintiff's motion for summary judgment. It includes 11 disputed facts from the Plaintiff's motion. For each fact, the Defendants deny the Plaintiff's version and provide evidence from the affidavit of Ana Gispert supporting their denial. They assert that the Plaintiff violated the rules of his community corrections program by driving without permission and possessing a cell phone. As a result, the Bureau of Prisons transferred the Plaintiff back to prison to serve the remainder of his sentence.

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 PLAINTIFF'S 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. 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 Dismas's 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. 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 Dismas's 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. 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. 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. 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. 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