Case 1:11-cv-20120-AMS Document 116 Entered on FLSD Docket 08/14/2012 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 PLAINTIFF’S DOCKET ENTRIES 114 AND 115 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”) Reply Brief (DE #114) and Plaintiff’s Supplemental Motion for Summary Judgment (DE #115) as follows: PROCEDURAL BACKGROUND 1.
On December 10, 2011, Defendants filed their Motion for Summary Judgment
against the Plaintiff. (DE #83) 2.
On January 3, 2012, Plaintiff filed his Response. (DE #90)
On January 12, 2012, Defendants filed their Reply Brief. (DE #91)
On January 18, 2012, Plaintiff filed another brief (DE #92), titled “Reply Brief in
Response to Defendants’ Response Brief,” which in content and filing designation given by Plaintiff shows it to be a sur-reply.
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On March 15, 2012, Judge Seitz issued an Order (DE #98) which stated in
relevant part: Based on the allegations of the amended pleading, the parties shall file supplements to their existing motions for summary judgment by April 11, 2012 to address any new issues. No additional discovery will be permitted. (Emphasis supplied) 6.
Defendants then timely filed their Supplemental Motion for Summary Judgment
(DE #103). 7.
On May 21, 2012, Magistrate Simonton granted Plaintiff an extension to respond
to Defendantsâ€™ Supplemental Motion for Summary Judgment. (DE #108). 8.
Plaintiff filed his Response within the extension period on July 3, 2012. (DE
Defendants timely filed their Reply on July 12, 2012.
#111). (DE #113), which
concluded briefing under the Local and Federal Rules of Civil Procedure. 10.
Plaintiff, however, has filed two additional briefs, Docket Entries 114 and 115.
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, Defendants move this Court to strike them from the record. 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 timely and properly filed a Supplemental Motion for
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Summary Judgment pursuant to the Courtâ€™s Order (DE #98), the Plaintiff filed a response brief and the Defendants filed a reply brief. In contravention of the Rules of Civil Procedure and Local Rules, Plaintiff improperly filed a Response brief to Defendantsâ€™ Reply Brief (DE #114) and a Supplemental Motion in response (DE #115). These briefs do not raise any new issues for this Court to consider. Instead, these additional briefs appear simply to be an attempt by Plaintiff to further burden the Court and counsel with repetitive and irrelevant arguments with the apparent purpose to further delay an ultimate ruling on summary judgment, which has been pending since January 12, 2012.
CONCLUSION For the reasons set forth above, the Defendants would move this Court for an Order Striking Plaintiffs Response Brief to a Reply Brief (DE #114) and Supplemental Response Brief (DE #115), 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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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 14th day of August, 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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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
Published on Aug 21, 2012