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Case 1:11-cv-20120-PAS Document 35

Entered on FLSD Docket 05/25/2011 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 BRIEF IN RESPONSE TO PLAINTIFFS MOTION TO STRIKE DOCUMENT FROM THE DOCKET Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Adams Lashanda, incorrectly identified as Adams Leshota (collectively Defendants) by and through their undersigned counsel, file their Brief in Response to Plaintiff Traian Bujduveanus (Plaintiff) Motion to Strike Documents from the Docket and alleges as follows: 1. Pursuant to Order of the Court, the parties were required to submit a Joint

Scheduling Report on or before Friday May 20, 2011. 2. After substantial time, energy and effort by Defendants counsel, Defendants

presented a proposed Joint Scheduling Report that followed the format recommended by the District Court. However, Plaintiff initially refused to accept this form. Plaintiff wanted to submit a Joint Scheduling Report having a section that basically contained an almost complete recitation of the Complaint.

Case 1:11-cv-20120-PAS Document 35

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON 3. After numerous conversations and email communications, Plaintiff agreed to the

form of the Joint Scheduling Report. However, Plaintiff, despite numerous requests, failed to sign and return the Joint Scheduling Report to Defendants counsel so that the Report could be timely filed. 4. As the deadline to file the Report was approaching, in the abundance of caution,

Defendants counsel electronically filed the Joint Scheduling Report during the evening of May 19, 2011, without Plaintiffs signature. (Docket number 29) 5. number 30) 6. Subsequently, the Plaintiff then signed and filed the Joint Scheduling Report The following day the Plaintiff filed his own Joint Scheduling Report. (Docket

(Docket Number 31) originally agreed upon and filed by Defendants counsel on May 19, 2011. 7. While the Defendants do not agree with the commentary contained in the first

three paragraphs of Plaintiffs Motion to Strike the Document from the Docket, Defendants concur with the statements contained in paragraph 4 of Plaintiffs Motion, specifically that Defendants agree that Document 31, is the valid and correct Joint Scheduling Report, which is identical to the one filed by Defendants on May 19, 2011. 8. Accordingly, Defendants do not oppose Plaintiffs Motion to Strike Document 30,

which is the Joint Scheduling Report unilaterally filed by the Plaintiff.

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CASE NO.: 11-20120-CIV-SEITZ/SIMONTON

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 25th day of May, 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