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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)


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)


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 3236 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


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 3236 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 3236 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 3236 and Exhibits 10 and 11).


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


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


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


Doc. 126-1