Case 1:11-cv-20120-PAS Document 79 Entered on FLSD Docket 12/06/2011 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 DISMAS CHARTIES, INC., ANA GISPERT, DEREK THOMAS AND ADAMS LESHOTAS MOTION AND BRIEF IN SUPPORT OF THEIR FOR HEARING AND STATUS CONFERENCE Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams, incorrectly identified as Adams Leshota (collectively Defendants) by and through their undersigned counsel, file their Motion to Strike Plaintiffs Pleadings and Motion to Dismiss and state as follows: 1. Plaintiff, a former Federal Inmate, has filed a vague and confusing lawsuit against

his Community Correction Center/Half Way House, Dismas, and three of its employees, Gispert, Thomas and Lashanda Adams. The Complaint contains 50 paragraphs of factual allegations filed by a laundry list of four alleged Federal Theories of Recovery and six alleged state law theories of recovery. However, the Plaintiff cannot maintain any State or Federal cause of action against any defendant. 2. In response to Plaintiffs amended complaint, Defendants filed a Motion to

Dismiss the Amended Complaint on May 4, 2011 (Docket 26).

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 3. Plaintiff filed his response brief and supplemental response briefs on May 24,

2011 and June 1, 2011 respectively. (Docket 33 and 38) 4. 5. Defendants filed their reply brief on June 2, 2011. (Docket 39) Plaintiff then improperly filed a second supplemental response brief on June 6,

2011. (Docket 41) 6. (Docket 43) 7. 8. To date a ruling has not been issued. Defendants believe that the disposition of that Motion will bring and end to this On June 20, 2011, the court referred the Motion to Dismiss to the Magistrate.

lawsuit and the need for discovery and ruling on the Plaintiffs discovery and other motions. 9. Defendants and their counsel have continued to expend time, money and

resources defending a lawsuit that they believe should be dismissed by the Federal Court. 10. Accordingly, Defendants would request a hearing on their Motion to Dismiss and

a Status Conference to discuss other pending motions.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON WHEREFORE, Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams, incorrectly identified as Adams Leshota respectfully request that Defendants Motion be granted and that the Court grant any further relief it deems appropriate. 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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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 6th day of December, 2011, 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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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@msn.com