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11-20120-CIV-SEITZ/SIMONTON TRAIAN BUJDUVEANU Plaintiff, vs. DISMAS CHARITIES,INC.,ANA GISPERT, DEREK THOMAS,LASHANDA ADAMS Defendants. _________________________________________/ PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATIONS TO DEFENDANTS DISMAS CHARITIES,INC.,ANA GISPERT,DEREK THOMAS AND LASHANDA ADAMS.
Plaintiffs, Traian Bujduveanu, pursuant to Rule 34 of the Federal Rules of Civil Procedure, hereby request that Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Lashanda Adams produce the originals of documents described below within thirty (30) days of service of this notice to be at the address as set forth in the First Amended Complaint or at such other time and location as the parties may mutually agree. DEFINITIONS For purposes of this Request for Production of Documents, the following definitions shall apply unless otherwise specifically indicated: A. The word "document" shall mean any written or graphic matter or other means of preserving thought or expression, and all tangible things from which information can be processed or transcribed, including, but not limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletyped messages, bulletins, diaries, chronological data, minutes, books, reports, charts, ledgers, invoices, worksheets, receipts, computer printouts, schedules, affidavits, contracts, transcripts, surveys, graphic representations of any kind, photographs, graphs, microfilm, video tapes, tape recordings, motion pictures or other film.
B. All documents produced shall be in both hard copy format and electronic media, to the extent the documents exist in electronic media. If the documents once existed in
electronic media but were deleted, Defendants shall produce mirror image copies of the electronic media from which the documents were deleted or shall produce the electronic media. C. "Mirror image copies" means true and exact copies of the electronic media including the portion of the electronic media from which material has been deleted. D. "All documents and electronic media relating to" means any and all documents or communications that constitute, comprise, contain, embody, reflect, identify, state, refer directly or indirectly to or are in any way relevant to the particular subject matter identified in the request. E. If any Request is deemed by Defendants to call for the production of documents covered by the attorney/client or work product privilege, and Defendants withhold said documents on the basis of one or both of the privileges, provide a description of the document and the grounds for withholding the document. F. If any documents responsive to these requests have been destroyed, describe said documents and the reasons for their destruction and state the date on which said documents were destroyed. If any such destroyed documents existed in electronic media, provide the electronic media from which the documents were destroyed. G. "Person" means any natural person; public or private corporation, whether organized for profit ; governmental entity ; partnership; association; cooperative; joint venture; sole proprietorship ; or other legal entity . With respect to a business entity, the term "person" includes any natural person acting formally or informally as an employee, officer, agent, attorney, or other representative of the business entity. H. "Policy" means each rule, procedure, or directive, formal or informal, and each common understanding or course of conduct that was recognized as such by Your present or former officers, directors, employees, agents, or other Persons acting or purporting to act on Your behalf, that was in effect at any time during the period covered by these requests and includes any changes of policy. I. The terms "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed outside of its scope. J. The use of the singular form of any word includes the plural and vice versa. In addition, the use of any tense of any verb includes all other tenses of the verb. K. "And" and "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of each request all documents which might otherwise be construed to be outside its scope.
L. The term "and/or" is to be read in both the conjunctive and disjunctive and shall serve as a request for information which would be responsive under a conjunctive reading in addition to all information which would be responsive under a disjunctive reading. M. "Each" includes both "each" and "every." N. The singular and masculine gender shall, respectively, include the plural and feminine gender, and vice versa. O. "You" and "your" shall mean yourself and all other persons acting or purporting to act on your behalf. P. "Relating to" and "relates to" mean, without limitation, relating to, concerning, constituting, mentioning, referring to, describing, summarizing, evidencing, listing, relevant to, demonstrating, tending to prove or disprove, or explain. R. "Communication" or "communications" includes, without limitation, in-person or telephone conversations, facsimiles, letters, electronic mail, telegrams, telexes, tapes or other sound recordings, or other means of transmitting information from one source to another. S. "Plaintiffs"- The term "Plaintiffs" refers to Traian Bujduveanu, as described in the Complaint. T. "Defendants" - The term "Defendants" in the context of this case refers to Dismas Charities,Inc.,Ana Gispert,Derek Thomas,lashanda Adams.
SCHEDULE OF DOCUMENTS
1. Any and all records, correspondence, notes, communications and other documents signed by Carlos Rodriguez, Director CCM, or any Decision Making party or individual from CCM Miami,regarding the fact that Plaintiff’s Community Custody should be terminated, and requirement for removal by, US Marshal Agents, from Dismas Charities and transported to FDC Miami. Provide copiy of the Return to the institution Order. 2. Any and all records, correspondence, notes, communications and other documents signed by USPO Steven Aasterud or any Decision Making party or individual from USPO, regarding the fact that Plaintiff ‘s Community Custody should be terminated, and requirement for removal, by US Marshal Agents, from Dismas Charities and transported to FDC Miami. Provide copy of the Return to the Institutin Order. 3
3. Any and all record, correspondence, notes, communication, between Dismas Charities and US Marshal Office, containing the name of the Movant, and the consent to remove Movant from Dismas Charities and transport him to FDC Miami, and copy of Return to the Institution Order. Please provide PRISONER RECEPTION documents signed by the US Marshall, and Prisoner Release Documents to the US Marshall, signed by Dismas Charities staff. 4. Copy of “Conditions Of Home Confinment” BP-460 signed by Plaintiff and Dismas Staff 5. Copy of Transfer Order to document the official transfer to home confinement and the Authorized Unescorted Commitment and Transfer Card, BP-385 6. Copy of Dismas Charities’ “Condition and Terms of Home Confinement” , “Violation of Rules of Home Confinement” and “Dismas Charities Disciplinary Procedings”. 7. Any and all “statements” concerning the subject matter of this action within the meaning of Rule 26.02 of the Rules of Civil Procedure. 8. Any and all documents that support, tend to support, prove, or tend to prove any of the allegations, facts, defenses, denials, or other matters asserted in the Answer or other response to the Complaint in this lawsuit. 9. Any and all documents that refute, or tend to refute, any claims asserted in Plaintiff’s Complaint in this lawsuit. 10. Any and all documents read, reviewed, consulted, examined, used, or relied upon in preparing your Responses to Plaintiff’s Request for Production of Documents – Set I. 11. Copy of all Plaintiff requests to attend religious service at the Orthodox church, located 16 minutes away from Dismas Charities house. (GPS Time –Distance) 12. Copy of Written Itemized Inventory of all Plaintiff’s Personal Property confiscated, from the Plaintiff , by Dismas Chariies staff. Also provide copies of all receipts for all Inmate Property, including money and other valuables signed and held by Dismas Charities staff, and copies of all receipts for the Inmate Property’s Return, signed by the Plaintiff.
Date: August 30, 2011
___________________________________ TRAIAN BUJDUVEANU, PRO SE
CERTIFICATE OF SERVICE I hereby certify that on August 30, 2011 a true and correct copy of the foregoing document was served upon the following via the United States Postal Service, First Class Mail:
Dismas Charities, Inc., 141 N.W. 1 St. Avenue Dania, FL 33004-2835 Ana Gispert Dismas Charities,Inc. 141 N.W. 1 St. Avenue Dania, FL 33004-2835 Derek Thomas Dismas Charities,Inc. 141 N.W. 1 St. Avenue Dania, FL 33004-2835 Lashanda Adams Dismas Charities,Inc. 141 N.W. 1 St. Avenue Dania ,FL 33004-2835 David S. Chaiet,Esquire Attorney for Defendants 4000 Hollywood Boulevard Suite 265-South Hollywood,FL 33021
EXECUTED ON THIS 30 DAY OF AUGUST, 2011 ___________________________________ TRAIAN BUJDUVEANU, PRO SE 5601 W. BROWARD BLVD., PLANTATION, FL 33317