motion to compel production of documents and electronically stored informations

8/4/2019 Motion To Compel Production Of Documents And Electronically Stored Informations

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IN TH E UNITED STATES DISTRICT CO URT FORTH E SO UTH ERN DISTRICT O F FLORIDA

CASE NO .: 1 I-ZOIZO-CIV-SEITZ/SIM ONTON

. t , o cFILED by . .// '

AU6 t 2 ' ' 1STEVEN . LARIMOREFCLERK U s DlsT, c'rS. D. of FLA - MIAMI 1

TRAIAN B UJDU VEAN U,Plaintiff,VS.DISM A S CH ARITIES, lN C., AN A G ISPERT,DEREK THOM A S and ADAM S LASHAN DADefendants.

M OTJ-ON TO CO M PEL PRODUCTION OF DOCUM ENTS ANDELECTRO NICAL LY STORED INFO RM ATION S

Pursuant to Rule Rule 3.384a) of the Commission's Rule of Practice, 16 C.F.R.3.38(a),M ovant respectfully move for an order compelling Defendants DismasCharities,lnc., Ana Gispert Derek Thom as and Lashanda A dam s to producedocuments and electronically stored information, as requested by Movant's documentrequests. The grounds for thls motion are set forth below :

1. BA CK G RO UN D

1. On July 25, 201 1, M ovant propounded ,on the Defendants, his First Request ForProduction Of Documents And Electronically Stored lnformations. ( Exhibit A). OnAugust 24, 201 1, M ovant propounded its First Set of lnterrogatories To Defendants(Exhibit B). On August 26, 201 1, M ovant has received a response from theDefendants (Exhibit C).

2. Defendants have failed to produce any docum ents in response to M ovant's requestfor the Production Of Docum ents . Refusal to provide any responses to thedocum entary requests was based upon an assertion that it would be prohibited by theFederal Bttreau Of Prisons (Exhibit C). (Rule 37.01 For the purposes of this l'ule an

evasive or incomplete answer is to be treated as a failtlre to answer.)3. D efendants' representation regarding the release of the documents is a grossexaggeration of the facts, and represents an attempt to hide Defendants' failure todisclose the responsive information. Information requested by the Plaintif are notdeem ed to be Confidential, Secret or Classified Docum ents, and the Defendantsrepresent a Private Not For Profit Corporation.

Case 1:11-cv-20120-PAS Document 53 Entered on FLSD Docket 08/30/2011 Page 1 of 44


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M ities that on August 5t1'' 201 l 4:00 PM M r . David S. Chaiet. The ovant cert , , ,Attorney for the Defendants, telephoned the M ovant and stated that a11 Discoveryrequest w ill not be m eet, due to the fact that release of such docum ents andinformation are prohibited by the D epartm ent O f Justice. Federal Bureau of Prisons.

5. Defendants have a histoly of similar incidents, and they will cover up a1lincrim inating facts at any price. Responding to the Request For Production O fDocum ents and Electronically Stored lnform ations, would m ean acceptance of guilton the part of the Defendants, and w ill reveal a long history of abuse at a1l DismasCharities Houses.

6. To excuse them selves for the failure to produce these docum ents, D efendants have

enumerated in their Objections, harassment, prepayment of cost and ajain therepetition of the previous statem ent, given on the telephone conversatlon, thatreleasing of these docum ents is prohibited by the Federal Bureau Of Prisons.ln this case, Defendants will have to dem onstrate to the Court, which statem ents andrequest pertain to the Federal Bureau Of Prisons, and present a valid docum ent fromthe Federal Bureau Of Prisons to the Defendants, that forbids such releases.

7. M ovant will like to rem ind this Court, that at the time these acts have taken place,he was in Com munity Custody and not in the Custody of the Federal Bureau OfPrisons. Dism as Charities is a private not for profit corporation that cannot speak inthe nam e of United States Federal Bureau Of prisons.

8. This Court has noticed that Attom ey for the tr efendants has appeared in thepicture late''. The reason for which the A ttorney has appeared late is becauseDefendats w ere trying to clean up after the Plaitiff was taken to FDC M iami, thusdestroying m ost of the evidence and incrim inating docum ents, and they needed tim e.

9. lt should be noted that a11 of the Plaintiffs property was confiscated by theDefendats and the Plaintiff w as sent to FD C M iam i without any documents orpersonal belongings. This would also ensure that Plaintiff does not have anyincrim inating docum ents, against D efendants, in his possession.

l0. Curiously enough, while the U SPO has received a copy of the M otion For TheRettzrn Of Propeo , in January 201 1, and the Clerk of Court has received a11docum ents on the Docket, during this period of tim e, Defendants claim that they havenever received any docum ents. This represents a gross underestim ation of the UnitedStates Postal Oftice and The A ir M ail act signed in 1925.

lI. LEGAL STANDA RD

The federal discovery rules are liberal in order to assist in the preparation for trialand settlement of litigated disputes. See Bond v. Utreras, 585 F.3d 1061, 1075 (7thCir. 2009). see also Kodish v. Oakbrook Terrace Fire Prot. Dist., 235 F.R.D. 447, 450(N.D. 111. 2006) Ctthe scope of discovery should be broad in order to aid in the searchfor truth''l.

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'' Pre-trial discovery typically is ''accorded a broad and liberal treatm ent. . . . Thisbroad right of discovery is based on the general principle that litigants have a right toevery man's evidence and that wide access to relevant facts serves the integrity andfairness of the judicial process by promoting the search for the trtlth.''Shoenv.Shoen,5F.3d1289,1292(9tn Cir. 1993)(interna1 quotations and citationsomitted).

A contention interrogatoly allow s a plaintiff to leal'n the factual bases of theopposing pao 's defense, see Prat't v. Tam 464 F.3d 730, 733 (7th Cir. 2006), and isnot objectionable if it asks for an opinion that relates to a fact or the application of alaw to fact. See Fed.R.CiV.P. 33(a)(2).

Commission Rule 3.3 l (c) (1) provides for ''discovery to the extent that it may bereasonably expected to yield information relevant to the allegations of the com plaint,to the proposed relief, or to the defenses of any respondent. . . . Inform ation m ay notbe withheld from discovery on grounds that the infonnation will be inadmissible atthe hearing if the information sought appears reasonably calculated to lead to thediscovery of admissible evidence.'' 16 C.F.R. 3.3 1 (c) (1)

Plaintiff is entitled to discovery regarding any non-privileged m atter thatis relevant to any party's claim or defense, including inform ation that appearsreasonably calculated to lead to discoverable evidence. Fed. R. Civ. P. 26(b).

This Court has the authority to order sanctions if a party or its attorney fails to obeya scheduling or other pretrial order.'' Fed. R. Civ. P. 16(9(C).

A . Cost-shifting or Sharinz is Im proper.

The Federal Rules of Civil Procedure, and applicable case law, hold that underordinary circum stances, a party should bear the expense of com plying with discoveryrequests. See Oppenheimer Fund, lnc. v. Sanders, 437 U.S. 340 (1978). Theresponding part y may request the Court to enter a protective order related to undueburden or expense, including a request that discovery be conditioned upon t


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conditions when they have com mitted these acts, and they try to hum iliate and torturethe M ovant, just because he is a foreigner, he spoke English with an accent, he was aGreek-M acedonian of Greek O rhodox religion, and he would refuse to subdue to theDefendants torture.

W hile M ovant acknowledge there will be som e cost to Defendant to produce thesedocuments, Defendants have no one to blam e but them self for the costs to beincurred. Had Defendants taken reasonable steps to follow proper procedures, it m aynot be necessary to produce these docum ents. A s a further showing on why it w ouldbe ftm dam entally unfair for M ovant to support costs, this case is costly enough for theM ovant. It would be far m ore burdensome on the M ovand to incur the costs than theDefendants, which touts revenues of M illions of Dollars per year, m oney taken fromthe taxpayers.M ovant respectfully request the Court deny any request by Defendants to requireM ovant to pay the production costs.

111. CON CLUSION

For the reasons set forth above, M ovant respectfully requests this Court to issue theattached order compelling the production of docum ents and things as requested inPlaintiff First Request For Production Of Docum ents And Electronically Storedlnfonnation, and/or to sanction the Defendants for their failure to com ply with thediscovery requests. Further, based upon the above argum ent, it would be im proper forthe Plaintiffs to bear any of the costs incurred in the production of these files. A ssuch, Defendants should be required to pay for the production of the responsivedocuments.

W HEREFORE, Plaintiffs, would respectfully request that this Court order D efendantsDism as Chalities,lnc., A na GispertDerek Thom as and Lashanda A dam s, w ithin ten(10) days to produce the files that are responsive to discovery requests submitted inthis cause, and that Defendants should be required to incur the cost of saidproduction.

Date: August 29,201 l

Respectfully subm itted,

...'''*. /

zz zpz/ A seonvTRAIAN BUJD UVEA , PRO SE



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CER TIFICA TE O F SERVICE

I hereby certify that on or about JULY 25, 201 1 a true and correct copy of theforegoing docum ent was served upon the following via the United States PostalService, First Class M ail:

D ismas Charities, lnc.,14l N .W . l St. AvenueD ania, FL 33004-2835Ana GispertD ismas Charities,lnc.141 N .W . 1 St. AvenueD ania, FL 33004-2835D erek Thom asD ismas Charities,lnc.14l N .W . l St. AvenueD ania, FL 33004-2835Lashanda Adam sD ismas Charities,lnc.14l N .W . 1 St. AvenueD ania ,FL 33004-2835David S. Chaiet,EsquireAttorney for Defendants4000 Hollywood BoulevardSuite 265-SouthHollyw ood,Fla 33021

EXECUTED ON THIS 29th DAY OF AU GUST, 201 l

. < w /

/ / /T // Jz utrea zTRAIAN BUJDU VE , PRO SE5601 W . BROW A RD BLV D .,PLAN TATION , FL 33317

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EXH IB IT A



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IJNITED STATES DISTRICT CO IJRTSO UT HE RN DISTRICT OF FLO RID A

CA SE NO .l l-20120-C1W SElTZ/S1M ON rON

TRM A N BUD U VEA N UPlaintiff,

VS.

DISM AS CIIARITIES,INC ., ANA GISPERT,DEREK THOM ASAASHANDA ADAM S

D efendants.

PLM NTIFF'S H R ST REO UEST FO R PROD UCTIONO F DO CUM ENTS A ND ELECTR OM CALLY STORED INFOR M ATIO NS

TO DEFENDANTS DISM AS CH ARITIESJNC . A NA G ISPERT.DER KTH O M A S AND LASH AN DA ADAM S.

Plaintiffs, Traian Bujduveanu, pursllant to Rule 34 of the Federal Rules of CivilProcedure, hereby request that Defendnnts Dism as Charities , Inc., Ana G isperq Derekn om as and Lashanda Adams produce the originals of docum ents described belowwithin th10 (30) days of service of this notice to be at the address as set forth in theFirst Am ended Complaint or at such other tim e and location as the parties m aym utually ap ee.

DEFG ITIO NS

For ptuposes of this Request for Production of Docllm ents , the follow ing defm itionsshall apply unless otherwise specitk ally indicated:

A. 'I'he word ''docum ent'' shall m ean any written or p apbic m atter or other m eansof preserving thought or expression , and a1l tangible things from which inform ationcan be processed or tanscribed, including , but not lim ited to, correspondence,m em oranda, notes, m essages, letters , telegram s, teletyped m essages, bulletins, diaries,chronological data, m inutes, books , reports, charts, ledgers, invoices, worksheets,receipts, com puter printouts, schedules , affidavits, contacts, tomscripts, surveys,graphic representations of any kind, photor aphs , r aphs, m icrollm , video tapes, taperecordings, m otion pictures or other film .

B. A ll domlm ents produced shall be in both hard copy form at and electronic media ,to the extent the docum ents exist in electronic m edia . lf the docum ents once existed in



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electrorlic media but were deleteG Defendants shall produce mirror image copies ofthe electronic m edia om which the docum ents w ere deleted or shall produce theelectronic m edia.

C . ''M irror image copies'' m eans true and exact copies of the electronic mediaincluding the portion of the electronic m edia 9om wllich m aterial has been deleted .

D . ''A l1 domlm ents and eleclonic m edia relating to'' m eans any and a11 domlm ents orcom nulnications that constitm e, com prise , contain, embody, reflect, identify, state,refer directly or indirectly to or are in any way relevant to the particular subject matteridentiled in the request

E. lf any Request is deem ed by Defendants to call for the production of docnm entscovered by the attom ey/client or work product privilege

, and Defendsnts withholdsaid docum ents on the basis of one or both of the privileges , provide a description ofthe docum ent and the rolm ds for withholding the docum ent .

F. If any documents responsive to these requests have been destroyed a describe saiddocllm ents and the reasons for their destnzction and state the date on which saiddocllm ents were destoyed . If any such deskoyed docum ents existed in electonicm edia, provide the electronic media 9om which the docllments were desloyed .

G. ''Person'' m eans any natural person; public or private corporationa whether

orgrmized for profk ; governmental entity ; partnership; association; coopa ve; jointventure; sole proprietorship ; or other legal entity W ith respect to a business entity,tile term ''person'' includes any natural person acting form ally or inform ally as anem ployee, offk er, agent , attorney, or other representative of the business entity.

H . ''Policy'' m eans each rule , procedure, or directive, form al or inform al, and eachcom m on lmderstanding or course of conduct that was recognized as such by Yotlrpresent or fonner officers, directors , em ployees, agents, or other Persons acting orpurporting to act on Your behaltl that was in effect at any time dllring the periodcovered by these requests and includes any changes of policy .

1. The terms ''and'' and ''or'' shall be construed either disjunctively or conjtmctively asnecessaly to bring within the scope of the discovery request a11 responses that m ightothelw ise be construed outside of its scope .

J. n e use of the singular form of any w ord includes the plm'al and vice versa . Inaddition, the use of any tense of any verb includes a11 other tenses of the verb

.

K. ''And'' and ''or'' shall be construed disjtmctively or conjtmctively ms necessary inorder to bring within the scope of each request all docllments which m ight otherwisebe construed to be outside its scope .



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L. n e 2n)1 ''and/or'' is to be read in both the conjuncuve and disjunctive and shallserve as a request for inforrnnuon which would be responsive under a conjunctivereading in nddition to all information which would be responsive under a disjunctivereading.

M ''Each'' includes b0t11 ''each'' and ''every . ''

N . n e singular and m nmculine gender shall , respectively, Zclude te pl4zm l O dfem inine gender, and vice versa .

0. ''You'' and ''your'' shsll m e>n yourself and a11 otlzer persons acting or purpoeingto ac1 on your behalf.

P ''Reladng to'' and ''relates to'' m ean w ithout limitation relae g to, conc- ing,; y

constituting, m endoning, referring to , describing, snm msrizing, evidench g , lieinprelevant to, dem onsmating, tending to prove or disprove , or explnin.

R . ''Com munication'' or ''com m unications'' lcludes, without lim itationa in-person

or telephone conversations, facsim iles , letters, electonic m xil, telegram s , telexes,tapes or other sotmd recordings, or oier m eans of transm ilting informndon *om onesource to another.

S. ''PlaintiFs''- n e term ''PlaintiFs'' refers to Traian Bujduvezmw as described inthe Complaint.

T. ''Defendants'' - n e term ''D efendants'' in the context of this case refc to Dism msChsrities,lnc.cAna Gispc Derek n omas ,lashanda Adxm q.

SCH EDULE OF D O CU M ENTS

1 One copy of each of D ism a. Charities , lnc., m ost current employee lists andorglmizmional chnrtq.

2. n e com plete contents of Plainte s personal fle .

3. n e complete contents of any other lles m nintnined in Plaine s nam e by any of

the D efendants.

4. Copies of any and all information indicating whether any of theDefendsmts has been convicted of a crim e.

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14. Any and a1l records , correspondence, notes, com mlmications and other docum entsconcem ing or relating to any correspondence or comm unications with any person orpersons, or agents of USPO regarding Plaintiz or containing the name of the Plaintiffand the circum stances tmder which D ism as Charities , lnc., M a Gispert, Derekn om as, and Lashanda Adam s obtained possession of those files

, or any investigationof those clcum stances.

15. Any and all records , corespondence, notes, com m unications, and otherdocum ents concem ing or relating to any com m unications w ith any om cer , agent oremployee of the Federal Corection Center in M iam i

, regarding the PlaintiY s files,their contents, the circum stances under wltich Dismas Charities

ylnc., Ana G ispert,Derek n om as, and Lashanda Adnms obtained possession of those files

, or anynvestigation of those circumstances

16. Any and a1l records, correspondence , notes, com mtm ications, and otherdocllm ents concerning or relating to any correspondence or comnnm ications with anyofficer, employee or agent of the United States Departm ent Of Justice

, FederalBureau O f Prisons, regarding the PlaintifFs sles , their contents, the circllm stxncestmder which Dism as Charities , Inc., Ana Gisperq Derek n om as, and LashandaA dam s obtained possession of those files , or any investigation of those circum stances.

17. Copies of any and a11 surveillance reports, videotapes, audiotapes,

photographsa of any of the parties in this lawsuit .

18. Copies of any and a1l information f'rom any com puter inform ationcenter, and/or com puter com m unication center , conceming the plaintiffts)nam ed.

19. Any and all documents , including any written reports , which state thesubstance of facts and opinions to which any expert is expected to testify attrial, or which contain a sum m ary of the grounds for any such opinion held

.

20. Any and al1 exhibits proposed to be ofered into evidence at the tim eof trial.

21. Any and a11 demonstrative or visual aids proposed for use at trial,ncluding any proposed or pltm ned for use to cl arify, illustrate, or assist in

explaining the testim ony of any witnesses .

22. A copy of a11 statem ents 9om wim esses to the incident mentioned in thecomplaint.

23. A copy of each photor aph , diagram , m ap, chart or draw ing whichw ill be introduced at trial

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24. A copy of the declarations page for any insumnce agreem entbetween defendants or any third party and any person canying on an insurancebusiness which may be liable to satisfy part or a1l of ajudn ent which may beentered in this action or to indemnify or reimburse defendants for pam ents

made to satisfy saidjudgment, showing policy limits, which was available tothe defendants on the date of the incident described in plaintifrs com plaint

,including prim ary policy , secondag policy, blanket policy, zlmbrella policy,

om eowner's policy, professional llability policy , or any other type ofinsurance policy.

M , ,

/f& / # tf' /z= kn oate, ,uly2,, x 11

TRAIAN BUJDUVEAN U, PRO SE

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EX H IB IT B



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IN TIIE IJN ITED STATES DISTRICT CO URT FO RTH E SOUTHER N DISTRICT OF FLOD A

CASE NO .: 11-20120-C1W SElTZ/S> ONTON

TRA IAN BUJDU VEAN U,

Plaintiftl

VS.

Dlsm s cM Rrrls , m c., AN A GISPERT,DEREK THO M AS andA ow s LASHANDA

Defendants./

PLAINT IFF TR M AN BUJDW EAN U'S FIR ST SET O FINTERR OG ATORIES TO DEFENDANTS ANA GISPERT DEREK THO M AS

AND LASH ANDA ADAM S

Plaintiffs, Traian Bujduveanu, Pro Se, pursuant to the Federal Rules of CivilProcedure, propotm d the following lnterrogatories to be answered under oath byDefendants, Dism as Charities,lnc., Ana Gispelt Derek n omas and Lashanda A dnms,within th114 .y (30) days of service hereof.

G STRUCTION S

1. n ese Intelw gatories are continuing in character so as to require you to filesupplem entary answ ers if you obtain further or diflkrent inform ation before trial.

2. Pursuant to , you are under a duty seasonably to am end any answer to theseinterrogatories for which you leam that the answer is in som e m aterial respectincomplete or incorrect and if the additional or corrective inform ation has notothezw ise been m ade know n to us during the discovery process or in writing.

3. For any interrogatory or part of an interrogatory which you refuse to answer undera claim of privilege, subrnit a sworn or certified statem ent 9om your cotmsel or oneof your employees in which you identify the nature of the inform ation withheld;

specify the grounds of the claimed pdvilege and the parav aph of these interrogatoriesto which the information is responsive; and identify each person to whom theinformation, or any part thereot has been disclosed.

4. Answer each interrogatory fully. If you object to any interrogatory, state thereasons for objection and answer to the extent the interrogatory is not objectionable. Ifyou are unable to answ er an interrogatory fully, subm it as much Z formation ms is

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available, explain why your answer is incomplete , and identify or describe a11 othersources of m ore complete or acctlrate inform ation .

5. For any record or docum ent responsive or relating to these interrogatories wllichis known to have been destroyed or lost , or is otherwise unavailable, identify eachsuch doclzm ent by author, addressee , date, nllmber of pages, and subject matter; andexplain in detail the evtnts leading to the destruction or loss

, or the reason for theunavailability of such docum ent

6. No ap eem ent, lmderstanding , or stipulation by the D epartm ent of Justice or anyof its representatives pum orting to m odify , limit, or otherwise vary theseinterrogatories shall be valid or binding on the Depnrfm ent of Justice l'nlessconfirmed or acknowledged in writing (or made of record in open court) by a dulyauthorized representative thereof

7. Unless othezw ise stated a these Interrogatories refer to the time, place , andcirclxm stances of the occurrence m entioned or com plained of in the Comple t

.

8. W here name and identity of a person is required a please state full nxme, hom eaddress and also business address , if know n.

9. Where knowledge or information in possession of a party is requesteG s'uchrequest includes knowledge of the party's agents

, representatives, and tm lessprivileged, his attom eys, and includes knowledge obtained 9om other persons orsources, even if such

knowledge would be hearsay under applicable law , and even if the person receivingsuch inform ation did not believe it , failed to conflrm its validity, disregarded it, or hadother know ledge that cast doubt on the inform ation .

10. ln the event that any docum ent requested by these interrogatories or to whichyou refer in your answers to these Interrogatories is withheld on the basis of a claimof privilege, set forth for each docum ent withheld:

(a) A descdption of the facmal and legal basis for the claim of grivilege or objectionin sufficient detail so as to perm it the court to determ ine the valldity of the claim orobjection;

(b) A general description of the docllment including its size, length, form and subjectm atter'

(c) The name and address of the personts) or entity involved in the creation of thedocllm ent;



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(d) The date on which the document was created;

(e) n e names and addresses of a11 persons who have had access to the docllment9om the tim e of its creation to the present;

(9 n e date on which the docllment was created; and

(g) The name and address of the present custodian of the document and the namesand addresses of a11 persons who have received copies , sum m aries, or explanations ofthe docum ent.

1 1. ln the event that any docum ent to which you refer in your answers to theselnterrogatories has been deskoyed or discharged , or has otherwise leR yourpossession, custody and control, set forth:

(a) A general description of the document including its size, length, form and subjectm atter;

(9 The date, manncr, and reasonts) for destruction or discard; and

(g) n e names and addresses of persons authorizing and canying out the destructionor discard of the docllm ent.

12. n ese interrogatories are addressed to al1 D efendants in this case .

W FINITIONS

these Interrogatories in the broad and liberalsense and m eans written, typeds printed , recorded or grapllic m atter, however storedsproduced or reproduced, of any kind and description and whether an original , m aster,duplicate or copy, including, but not lim ited to , papers, notes, accotmts, books,advertisem ents, letters, m em oranda , notes of conversations, conkacts, av eem ents,draw ings, telegram s, electonic m ail , tape recordings, com mllnications, includinginter-offk e and intra-oG ce m em ox da , rtports, smdies, working papers, com oraterecords, minutes of m eetings, notebooks

,bank deposit slips, bnnk checks, cancelled

checks, diades, diary entries, appointment books , desk calendam , photov aphs,transcriptions or sound recordings of any type of personal or telephone conversationsor negotiations, m eetings or conferences or things sim ilar to aay of the foregoing , andto include any data, information or statistics contained w ithin any data stom gemodules, tapes, discs, diskettes , or other m em ory device, or other inform ation

The word ''docllm ents'' is used in

retdevable from any storage system s , including, but not lim ited to, computer-



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generated reports and printouts. n e word ''docum ent'' also includes data compilationsom w hich inform ation can be obtained and translated

, if necessary, by therespondent through detection devices in a reasonably usable form . lf any docum enthas been m odifed by the addition of noutions or otherwise , or hms been prepared inmultiple copies which are not identical , each m odified copy or unidentical copy is aseparate ''docum ent.''

2. Defendu ts m eans Dism as Charities ,inc., Ana Gispert, Derek Thom as, LashandaA dam s.

3. n e term tr ism as Charities'' m eansoperating 28K entucky, and

Dismas Charities,lnc.,the corporationhalfway houses, in 18 states , with the headquarter in Louisville,

the business operated at 141 N . W . 1 St. Avenue, D aniw Florida 33304-2835 (1 whatever business form , including corpomtion, close corpomtion ,partnership, lim ited partnership, unincorporated association , proprietorship, Scorporation, limited liability company, or any other form), including any real propertyowned, leased or otherwise occupied at that location

, personal property of any kind atthat location, and any other rights com monly attributed to the business known asr ism as Charities,lnc,,'' including by way of example and not lim itation

, tradennm es, liquor licenses, copyright and tradem ark rights

3. As used herein, the term ''comm unications'' shall m ean sign language, any oral or

written utterance, notation , or statem ent of any nature whatsoever, by and towhom soever m ade, including , but not lim ited to, correspondence , conversations,dialogues, discussions , interviews, consultations, agreem ents and otherlm derstandings be- een or nm ong two or m ore persons .

4. As used herein, the term ''or'' appearing in any Interrogatory should not be read soas to elim inate any part of the Interrogatory , but, w henever applicable, it shall havethe snm e m eaning as the term ''and . '' For exam ple, an Interrogatory stating ''support orrefer'' shall be read as ''support and refer'' if an Answer that does both can be m ade .

5. ''Com ple t'' m eans the com plaint filed in the above referenced action.

6. ''Y ou '' ''your'' or ''yotlr com pany'' refers to D efendants Dismas Charitiesylnc., Ana

G ispert, Derek n om as and Lashanda A dam s , the party to whom the Interrogatoriesare addressed; in both their dividual capacity , and its successors, assigns,employees, agents, attom ey , and all other persons purpoting to act on their behalf

4. n e phrase ''describe in detail'' as used in these interrogatories includes a requestfor a complete description and explanation of the facts , circum stsnces, analysis,opinion and other information relating to the subject matter of a specisc interrogatoly .

5. ''Identify'' when refening to an individual , com oration, or otherentity shall m ean to set forth the nsm e and telephone mzm ber , and if a corporation orother entity, its principle place of business , or if an individual, the present or last

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known home address, his or herjob title or titles, by whom employed and address ofthe place of employm ent.

''Identify'' or ''identity'' m eans to state or a statem ent of:

a. in the case of a person other th% a natural person , its nam e, the address of itsprincipal place of business (including zipcode), its telephone nllmber, and the nnme ofits chief exccutive om cer, as well as , if it has a person ol er th= a nanlm l person thatultim ately controls it, tllat other person's nam e , the address of that person's principalplace of business (including zipcode), that other person's telephone number , and thenam e of that other person's chief executive offk er;

b. in the case of a natural pc son , llis or her name, business address and telephonenum ber, employer, and title or position;

c. in the case of a com munication, its date, type (e.g.s telephone conversation ordiscussion), the place where it occurred, the identity of the person who made the

com m llnication, the identity of the person who received the com m unication, the

identity of each other person when it w as m ade , and the subject matler discussed;

d. in the case of a doczxm ent , the title of the docum ent, the author , the title or positionof the author, the addressee , each recipient, the type of docum ent , the subject matter,h

e date of preparation , and its num ber of pages; and

e. in the cmse of an agreem ent , its date, the place where it occurred m the identity of allpersons who w ere parties to the av eem ent , the identity of each person who hasknowledge of the ar eem ent and all other persons present when it was m ade

, and the

subject matter of the apeement.''Including'' m eans including , but not lim ited to.

8. ''Person'' m eans any natural person , cop oration, company, pnrtnership, jointventure, flrm , association, proprietorship , agency, boards authority, comm ission,office or other business or legal entity , whether private or governm ental.

9. ''Relating to'' m eans containing , constituting, considering, comprising,concem ing, discussing, regarding, describing , reflecting, studying, com m enting orreporting on, mentioning, analyzing , or refening, alluding, or pertaining to, in wholeor in part.



20/44

G TERROGATORV S

1. State your full nam e , home address (and a11 addresses for the last ten (10) years,social security number, date of birth , m arital stattls and yolzr employer's nam e and

address. Include in your answer who lived with you in the last ten (10) year period .

2. State if you ever been convicted of a cn'me . If so, state as to each conviction thespecific crim e and the date and place of conviction .

3. State if you ever been a party , either plaintiff or defendnnt, in a lawsuit othcxr thanthe present m atter, and if so , State whether you w ere plainlif or defendant, tbe natureof the action, and the date and court in which suit was filled

.

4. Identify each employee , agent and/or servant or any other person w ith personalknow ledge of tlw facts pertaining to the occurrence

, and indicate those who were eyewitnesses, and state the substance of their u ow ledge and articulate their expectedtestim ony. For each such individual , identify his or herjob title andjob functioneing pedbrmed by that individual at the tim e of these incidents

, and the summary ofwhat know ledge the w itness has , and articulate their expected testim ony.

5. lf anyone investigated this matter for you including, but not lim ited to, m edical

experts, private investigators or insurance adjusters, state their nnmets) andaddresstes), and state whether such hwestigation was reduced to writing , and thesubstance of their investigation and fmdings . If said investigators obtained anysi> ed, recorded, transcribed or oral statem ent *om any individual

, identify theperson who gave the statem ent and the present custodian of such statem ent .

6. Identify each person Zterviewed concerning these incidents . For each such personstate the date of the interview ; the substance of the interview arld if the interview wasrecorded and/or transcribed .

6



21/44

7. Identify a1l persons to whom you have given si> ed statements regarding thoseincidents, the date thereot and the name of the person in whose custody each is at thistim e.

8. Identify each and evezy written report m ade by any person concerning theincidents.

9. State whether or not the Premises were equipped with a video surveillance cam eraand, if so, whose responsibility it was on the dates of the occurrence to m onitor thesurveillance cam era and whether there are still tapes 9om the dates of the occurR ces

and the w eek b0th before and after the occurance .

10. lf you know of the existence of any pictures, photographs, plats, visual recorded

images, police reports, diagrams or objects relative to the occurrence, the PlaintiT sphysical condition or the scene of the occurrence , identify the substrm ce of suchrecording and the present custodiu of each such item .

1 1. State whether you consum ed any dnzgs , m edicines, or alcoholic beverages withintwentpfotlr (24) hours prior to said occurrence, the place where such dnlgs,m edicines, or alcoholic beverages were obtazed

, the nature of the drugs, m edicines,or alcoholic beverages, and the am otmt thereof .

12. Do you believe that you did everything that you could to prevent theseincidents. Set forth everything that you did to avoid these incidents that occurred

. lsthere anything you wish you had done differently'? .

13. Identify any procedtlres wllich you followed , at and before the tim e of theoccurrence, concerning Plaintifrs m edical needs and issues .

7



22/44

14. Identify a1l Dismas Charities em ployees that were aware of the fact that TraianBujduveanu was taken by xmbulance to Broward Hospital, and that he spent most ofthe night ,beforet the arrest and rem oval , in the em ergency room at Brow ard H ospital,due to pain and discom fort of liver and abdom en ?

15. Identify all Dism as Charities employees that were aware of the fact that ALLdriving documents of Traian Bujduvemm, including DM V Driving Recor; Copy ofvalid Florida Driving License , copy of valid insurance issued by A llstate InsuranceCo., and even a personal letter 9om the director of DM V in Tallahmssce

, Florida,were in his file for som e tim es, at Dism as Charities Halfway House ?

16. State whether or not the Premises were equipped with a video surveillance csm ez'aand, if so, whose responsibility it was on the dates of the occ= ence to m onitor thesurveillance cam era and w hether there are still tapes 9om the dates of the occurancesand the week both before and after the occtlrance and if you have photographs

, film s,m otion pictures or videotapes or other pictures relevant to the issues in this caseshowing the scene of this occurrence at the tim e of or after its happening

, show ingbasically how it was then or now , or of the Plaintiff at any tim e afkr this occurrence ,or the m aterials involved in this occurrence? If so , state the date of each, the persontaking the photov aphs and describe the content of each .

l7. State the nam e, address and occupation of each person whom you propose to callas an expert witness, including in yotlr answer the subject matter on which each suchexpert is expected to testify, the substance of the findings and opinions to which suchexpert is expected to testify, and a summ ary of the v otm ds for each opinion of eachsuch expert Attach copies of the resllm e or cuniculum viGe of each such person

, aswell as copies of a11 written reports made by any proposed expert . Identify allcom mlm icationsa wdtten or oral , you have had with these individuals.

18. Identify a1l docum ents that you intend to introduce into evidence at trial,ncluding docum ents the expert or experts th at you intend to have testify on yotlr

8



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behalf at trial have reviewed and/or relied upon in forming their opinions, or are

otherwise relevant to this case. lnclude in yolzr answ er whether you have photop aphs,ilm s , m otion pictures or videotapes or other pictures relevant to the issues in this case

showing the scene of this occurrence at the tim e of or aRer its happening, showing

basically how it was then or now , or of the Plaintiffat any tim e after tM s occurrence,or the m aterials hw olved in tllis occurrence? State the date of each , the person takingthe photographs and descdbe the content of each .

9



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CERTIFJCATE OF SFRYICE

1, TRM AN BUJDUVEANU,CM iT that 1 have this 24st day of Augustzoll served atrue and correct copy of the foregoing PLA INTIFF TRAIAN BUJDW EA NU 'SFIR ST SET O F INTER R OGA TO RIES TO DEFEND A NTS DISM ASCHARITW SJNC.,ANA GISPERT,DEREK TH OM AS AND LASHANDAADAM S, Upon Defendants, by causing to be deposited with the Urlited Sotes PostalServices, First Class M ail, proper postage affixed thereto , addressed as follows:

D ism ms Charitiesslnc.141 N .W . 1 St. A venueDnniw FL 33004-2835

Ana GispertDismas Chariiesslnc.141 N .W . 1 St. A venue

Daniw FL 33004-2835

Derek Thom asD ismas Charies,lnc.141 N .W . 1 St. AvenueDaniw FL 33004-2835

Lashanda Adnm sDism as Charities,lnc.141 N .W . 1 St. AvenueDarlia ,FL 33004-2835

D avid S. Chaiet,EsquireA ttorney for D efendnnts4000 Hollm ood BoulevardSuite 265-SouthHollyw ood,li 33021

EXECU TED ON THIS 24th DAY OF AUG UST, 2011. e < ? ?

I N B E , NIJ P s E5601 w . BRo w u o B LvD .,PLAN TA TION , FL 33317

10



25/44

ANA GISPERT

STATE OF FLORD A )COUNTY OF )

Ana Gsperq being duly swom , deposes and say that the attached M sw ers are trueand correct to the best of his/her know ledge , information and belief

NO TARY PUBLIC

tprint, Type or Stamp CommissionedName of Notary Public)

Personally Know n OR Produced Identitk ationType of Identitk ation Produced:

SW ORN TO AN ll SUBSCRIRED before m e this day of,201 1

M y com m ission expires:



26/44

DEREK THOM AS

STATE OF FLORIDA )COUNTY OF )

Derek n om as, being duly swom , deposes and say that the attached Answers aretrue and correct to the best of llis/her knowledge s information and belief.

N OTARY PU BLIC

(Print, Type or Stamp CommissionedName of Notary Public)

Personally Know n OR Produced IdentificationType of ldentification Produced:

SW ORN TO Ar SUBSCRIBED before m e this day of, 201 1


12



27/44

LASHAN DA ADAM S

STATE OF FLORIDA )COUNW OF )

Lashanda Adams, being duly swom , deposes and say that the attached M swers aretrue and correct to the best of M s/her know ledge , infonnation and belief.

N OTA RY PUBLIC

tprint, Type or Stamp CommissionedName of Notary Public)

Personally Known OR Produced Identifk ation

Type of Identification Produced:

SW ORN TO AN D SUBSCRIBED before m e tllis day of , 201 1




28/44

IN TIIE IJN ITED STA TES D ISTR ICT COITRT FORTH E SOUTH ERN DISTRICT OF R ORD A

CA SE NO .: 11-20120-C1V-SEITZ/S1M ONTON

BUD UVEANU,

Plaintiff,

VS.

Dlsm s cltAltl'n s , IN , . ANA GISPER ,DEREK Tllom s and Aow s LASH ANDA

Defendants.

PLAINTIFF TRAIAN BUD ITVEAN U'S FIRST SET OFO T:RROGATORIES TO DEFENDANT DISG S CHARITR S.G C .

Plaintiffs, Traian Bujduveanu, Pro Se, pursuant to the Federal Rules of CidlProcedure, propound the following Interrogatories to be D swered under oath byDefendants, Dism as Charities ,lnc., Ana Gispert, Derek Thom as and Lashanda Adam s ,within thirty (30) days of service hereof

G STRUCTION S1. These lnterrogatories are conthming in character so as to require you to K1e

supplem enGry answers if you obtain further or different inform ation before trial .

2. Pursuant to , you are under a duty seasonably to am end any answer to theseinterrogatories for wllich you learn that the answ er is in som e material respectincom plete or incorrect and if the additional or corrective inform ation has notothem ise been made know n to us dllring the discovery process or in writing

.

3. For any interrogatory or part of an interrogatory wllich you refuse to answer undera claim of privilege, subrnit a sworn or certified statem ent 9om your counsel or oneof yolzr em ployees in wllich you identify the nature of the information withheld;specify the v ounds of the claim ed privilege and the pnrnp aph of these interrogatories

to which the inform ation is responsive; and identify each person to w hom theinformation, or any part thereof , has been disclosed.

4. Answer each interrogatory fully . If you object to any interrogatory, state thereasons for objection and answer to tlw extent the interrogatory is not objectionable. Ifyou are tmable to answer an interrogatory fully , subm it as much inform ation as is



29/44

available, explain why your answ er is incom plete, and identify or describe a11 other

sotzrces of m ore complete or accurate inform ation .

5. For any record or docllment responsive or relathy to these interrogatories wllichis known to have been deskoyed or lost , or is otherwlse unavailable, identify eachsuch docum ent by author, addressee, date , number of pages, and subject matter; andexplain in detail the events leading to the destnzction or loss , or the reason for thetmavailability of such document.

6. N o ar eem ent, tm derstanding , or stipulation by the D epnrtm ent of Justice or anyof its representatives purporting to m odify , limit, or otherwise vary theseinterrogatodes shall be valid or binding on the Departm ent of Justice unlessconflrmed or acknowledged in writing (or made of record in open court) by a dulyauthorized representative thereof

7. Unless otherwise stated, these Interrogatories refer to the tim e , place, andcircum stances of the occurrence mentioned or complained of in the Com plaint

.

8. W here nnme and identity of a person is require; please state full nsme, homeaddress and also busl ess address , if u own.

9. W here u ow ledge or information in possession of a party is requested a suchrequest includes u owledge of the party's agents , representatives, and unlessprivileged, his attom eys, and includes knowledge obtained 9om other persons orsources, even if such

u owledge would be hearsay tmder applicable law, and even if the person receivingsuch inform ation did not believe it, failed to conflrm its validity , disregarded it, or had

other u owledge that cast doubt on the inform ation .

10. In the event that any docum ent requested by these interrogatories or to whichyou refer in your answers to these Interrogatories is withheld on the basis of a claimof privilege, set forth for each docum ent w ithheld:

(a) A description of the factual and legal basis for the claim of grivilege or objectionin sufficient detail so as to perm it the court to determine the valldity of the claim orobjection;

(b) A general description of the document including its size, length, form and subjectm atter;

(c) The name and address of the personts) or entity involved in the creation of thedocum ent;



30/44

(d) n e date on which the document was created;

(e) n e names and addresses of a1l persons who have had access to the docllmentfrom the time of its creation to the present;

(9 n e date on which the document was created; and

(g) n e name and address of the present custodian of the docllment , and the nam esand addresses of a11 persons who have received copies

, sum m aries, or explanations ofthe docllment.

1 l . In the event that any document to wltich you refer in your anKwers to theselnterrogatories has been destoyed or discharged

, or has otherwise leR yolzrpossession, custody alld control , set forth:

(a) A general descdption of the document including its size , length, form and subjectm atter;

(9 The date, manner, and reasonts) for destruction or discard; and

(g) n e names and addresses of persons authorizing and canying out the desm zctionor discard of the docdlm ent

12. n ese interrogatories are addressed to all Defendrm ts in this case.

PEFG ITm NS

these Interrogatories in the broad and liberalsense and m eans m itten, typed , printed, recorded or graphic m atter , however stored,produced or reproduced , of any kind and description and whether an original , m aster,duplicate or copy, including , but not lim ited to, papers, notes , accotmts, books,advertisements, letters, m emoranda , notes of conversations, contracts, av eem ents,drawings, telev nm s, eleclonic m ail , tape recordings, com m unications, includinginter-ox ce and intra-om ce mem oranda , reports, studies, working papers, com oraterecords, m inutes of m eetl gs, notebooks

, bank deposit slips, bank checks, cancelledchecks, diaries, diary entries , appointment books, desk calendam , photov aphs,transcriptions or sound recordings of any type of personal or telephone conversationsor negotiations, m eetings or conferences or things sim ilar to any of the foregoing

, andto include any data, inform ation or statistics contained w ithin any data storagem odules, tapes, discs, diskettes , or other m em ory device, or other inform ation

The w ord ''docum ents'' is used in

retrievable 9om any storage system s , including, but not lim ited to, computer-

3



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generated reports and pe touts. n e w ord ''docum ent'' also includes (IaG com pilationsfrom which information can be obtained and translated, if necessary, by therespondent throug,h detection devices in a reasonably usable form. If any doczzmenthas been m odified by the addition of notations or otherwise , or has been prepared inm ultiple copies which are not identical, each m odified copy or llnidentical copy is a

separate ''domlment.''

2. Defendants m eans Dism as Charitiesyinc., Ana Gisperq Derek n om as, LashandaAdam s.

3. n e term r ismas Charities'' means Dism as Charities,lnc.,the com orationoperating 28 halfway houses, in 18 states, with the headquarter in Louisville,Kentucky, and the business operated at 141 N .W . 1 St. Avenue, D ania, Florida 33304-2835 (in whatever business form, including corpomtion, close corpomtion,pa> ership, lim ited partnersllip, unincorporated association, proprietorship, Scom oration, limited liability company, or any other form), including any real propertyow ned, leased or otherwise occupied at that location, personal property of any kind atthat location, and any other rights comm only attributed to the business u own astr ismas Charities,lncy,'' including by way of example and not lim itation, eadennm es, liquor licenses, copyright and trademark rights.

3. As used herein, the term ''com munications'' shall m ean sign language, any oral orwritlen utterance, notation, or statem ent of any nam re whatsoever , by and tow hom soever m ade, including, but not lim ited to , correspondence, conversations,(Iialogues, discussions, interviews, consultations, agreem ents and otherunderstandings between or am ong two or m ore persons.

4. As used herein, the term ''or'' appearing in any Interrogatory should not be read soas to elim inate any part of the Interrogatory, but, whenever applicable, it shall havethe same m eaning as the term ''and.'' For example, an Interrogatory statzg ''support orrefer'' shall be read as ''support and refer'' if an Answer that does both can be m ade.

5. ''Com plaint'' m eans the com plaint filed in the above referenced action.

6 ''You '' '' our'' or '' our com pany'' refers to Defendants Dismas Charities lnc., Ana, y y ,Gispert, Derek Thom as and Lashanda Adam s, the party to w hom the Intenogatoriesare addressed; in both their individual capacity, and its successors, mssigns,employees, agents, attom ey, and al1 other persons purpoting to act on their behaltl

4. n e phrase ''describe in detail'' as used in these interrogatories includes a requestfor a complete description and explanation of the facts, circllm stzm ces, analysis,opinion and other information relating to the subject matter of a specific interrogatory.

5. ''Identify'' when refening to an individual, corporation, or otherentity shall m ean to sd forth the nam e and telephone number, and if a corporation orother entity, its principle place of business, or if an individual, the present or last

4



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known home address, his or herjob title or titles, by whom employed and address ofthe place of em ploym ent.

''ldentify'' or ''identity'' m eans to state or a statement of:

a. in the case of a person other than a natural person, its nsm e, the address of itsplincipal place of business (including zipcode), its telephone nllmber, and the name ofits chief executive officer, as well as, if it has a person other th% a natural person thatultim ately conkols it, that other person's nnme, the address of that person's principalplace of business (including zipcode), that other person's telephone nllmber, and thenam e of that other person's chief executive officer;

b. in the case of a natural person, his or her nam e, business address and telephonenum ber, employer, and title or position'

c. in the cmse of a com mlm ication, its date , type (e.M., telephone conversation ordiscussion), the place where it occurrei the identity of the person who made thecom mlm ication, the identity of the person who received the com munication, theidentity of each other person w hen it w as m ade , and the subject matter discussed;

d. in the case of a docllm ent, the title of the document , the author, the title or positionof the author, the addressee, each recipient, the type of doczlment, the subject matter,the date of preparation, and its number of pages; and

e. in the case of an agreem ent, its date, the place where it occurreda the identity of a11persons who w ere parties to the av eem ent, the identity of each person w ho hasu ow ledge of the agreem ent and a11 other persons present when it wms m ade, and the

subject matter of the agreement.7. ''Including'' m eans including, but not lim ited to.

8. ''Person'' means any natural person, corporation, company, pnrtnership,jointventure, firm, association, proprietorship, agency, boarda authority, com mission,office or other business or legal entity, whether private or governmental.

9. ''Relating to'' m eans containing, constitm ing, consideling, com prising,concem ing, discussing, regarding, describing, retlecting, studying, com m entm' g orreporting on, m entioning, analyzing, or refening, alluding, or pertaining to, in wholeor in part.



33/44

G TERROGATORV S

1. Identify your correct legal entity and identify , stating the date on which such entitywas forme; the State of incoporation, the namets) and addresstes) of al1 oocers,directors, general partners , lim ited pnrfners and a11 other parties w ith any interest inyour orgnnization.

2. Identify any previous or subsequent incidents of which you are aware that occurredin substantially the same m anner as the incident com plained of in tllis lawsuit

a orwhich also occurred at M L Dism as Charities Prem ises , including a description of al1premise liability claims m ade involving this property over the last 10 years

3. ldentify any procedures which you follow ed , at and before the tim e of theoccurrence, concerning Plaintic s m edical needs and issues.

4. State whether or not the Prem ises were equipped with a video surveillance cam eraand, if so, whose responsibility it was on the dates of the occurrence to m onitor thesurveillance cam era and whether there are still tapes from the dates of the occurancesand the week both before and aRer the occurance

5. Describe w hat training procedlzres , if any, are follow ed in the course of kainingDefendant's employees w ith regard to Dism as Charities halfway houseemploym ent. n is includes any and a11 written m aterial, slides , photop aphs, flm s,videotapes, etc. which Defendant utilizes in training em ployees .

6. State if Dism as Charities, Inc., was ever involved in a w idespread com zptionscandal, for renting luxury spolts boxes at the Papa Jolm Cardinal FootballStadilzm ,and at the basketball arena in Louisville , at a cost of over $150,000 per year.

6



34/44

%

7. State in your own words what you believe happened to the Plaintiff while he wason the Prem ises, and include in your answer the basis upon which you have form edthat belief.

8. State if , Dismas Charities,lnc ., w as ever accused of com zption, spending publicm oney w ithout being accotmtable for how they do it

9. State if Ray W eis,The CEO of D ism as Charities , lnc., was paid in 2008, a salary of$600,000 to manage the corporation, and if the Executive Vice President , Jan Kempfreceived over $450,000 salary, in 2008.

10. State if any Dismas Charities ,lnc., employee ever solicited and received moneyfrom prisoners in exchange for certain favors .

1 1. State if Dism as Charities,lnc . m ade any contributions for a political campair s inthe last 10 year. If so, list a11 Political Cam pair Contributions , m ade by Dism asCharities,lnc., for the last 10 years , and to the parties and/or person that they w eremade to, and . Identify a11 Dismas Chmities employees who have participated at anypolitical event, and made contributions on behalf of Dismas Charities , H c.

12. State if you ever been a party , either plaintiffor defendnnt, in a lawsuit other th%the present m atter, and if so, State whether you w ere plaintiff or defendnnt , the natureof the action, and the date and court in which suit w as Glled.

7



35/44

CERTW ICA TE O F SERW CE

1, TRAIAN Bum lW EAr rcertify that I have this 24st day of August yzoll selved atnze and correct copy of the foregoing PL AINTIFF TRAIAN BUD UVEANU 'SFIRST SET OF INTERR OG ATORIES TO D EFEO ANTS DISM AS

CHARITIES,G C.A NA GISPERX DEREK THOM AS AND LASHANDAADA M S, Upon Defendu ts, by causing to be deposited with the Ui ted States PostalServices, First Class M ail, proper postage afrlxed thereto , addressed as follow s:

Dismas Charities,lnc.141 N .W . 1 St. AvenueDania, FL 33004-2835

Ana GispertDisms Charities,lnc.141 N .W . 1 St. AvenueD ania, FL 33004-2835

D erek n omasD ismas Charities,lnc.141 N .W . 1 St. AvenueDania, FL 33004-2835

Lashanda Adam sDism as Charities,lnc.141 N .W . 1 St. AvenueDania ,FL 33004-2835

David S. Chaiet,Esquire

A ttom ey for Defendnnts4000 Hollywood BoulevardSuite 265-SouthHollyw oodaFta 33021

EXECUTED ON THIS 24th DAY OF AUGUST , 01 1# ?

am w ::2 s 4T RA I AN B U UVE , N U P R S5601 w . BRo w u o BLvo .,PLAN TA TION , FL 33317

9



36/44

Dls- s cltxkli+ j,rk.

STATE OF FLORIDA )COUNTY OF )

Dismas Charities,lnc., being duly swom , deposes and say tllat the attached Answersare true and correct to the best of his/her u owledge , information and belief.

NOTARY PUBLIC

tprint, Type or Stqmp CommissionedName of Notary Public)

Personally Known OR Produced IdentificationType of Identification Produced:

SW ORN TO Ar SUBSCRIBED before me tM s day of, 201 1

M y comm ission expires:

10



37/44

EXH IBIT C



38/44

IN THE UN ITED STATES DISTRICT COURT FORTl'lE SOUTHERN DISTR ICT OF FLO RID A

CA SE NO.: 11-20120-C1V-SE1TZ/SIM ONTON

TRM AN BU JDU VEAN U,

Plnintiff,

V S.

Dlsm s CH AR TTIE , lx , . ANA GISPERT,DERUEK THo AdAs and AD AM S LESHO TA

Defendants.

/DE/ENDANTS DISM AS CHARTIFS.INC.. AN . A GISPERT.DEREK THO M AS AND

ADAM S LESH OTA 'S RESPONSE TO PLM NTIFF'S REOUEST FOR PRODUCTION

Defendants Disms Chadties, Inc., Ana Gispert, Derek Thom as and Adam s Lashanda ,

incorrectly identified ms Adams Leshota Citaeshota''), (collectively ttDefendants'') by and through

their tmdersigned cotmsel and tile their Responses to the Requests for Production of Traian

Bujduveanu CTlaintiff''l as follows:GENER AL OBJECTION

To the extent that any requests seeks docum ents concerning the Federal Bureau of

Prisons or any-ftles from the Federal Bureau of Prisons, Dism as is not perm itted to produce.these

docllm ents. M y request m ust be m ade directly to the Federal Bureau of Prisons . D ism ms

Charities w ill produce any non-privileged documents from the PlaintiY s file.

1. Objection. Tllis request is not reasonably calculated to lead to the discovery of

adm issible evidence.Tlkis request is served for harassment purposes only.



39/44

> '

2. D ism as' file on the Plnintiff will be produced upon m e-paym ent of a11 remsonable

copying and m ailing costs

notice.

or may be inspected at D ism as' cotm sel's office upon reasonable

Objection. This request is not reasonably calculated to lead to the discovery of

adm issible evidence. Tllis request is served for harmssm ent purposes only . Tlzis request seeks

personal and confidential M orm ation on the Defendants.

Objection. This request is not re%onably calculated to lead to the discovery of

adm issible evidence. This request is served for hr assm ent purposes only. Tbis request seeks

personal and confidential inform ation on the Defendants. However, none.

5. Objection this request is overbroad and confllsing. However, see response to

request num ber 2.

D ism as' file on the Plaintiff will be produced upon pre-paym ent of al1 reasonable

copying and mailing costs or may be inspected at D ism ms' counsel's

notice.

oflce upon reasonable

Dism as' file on the Plaintiff will be produced upon pre-paym ent of a1l reasonable

copying and m ailing costs

notice.

or m ay be inspected at D ism ms' counsel's office upon reasonable

8. D ism as' file on the Plaintiff will be produced upon pre-paym ent of a11 reasonable

copying and mailing costs

notice.

or m ay be inspected at Dism as' counsel's office upon reasonable



40/44

9. D ism ms' file on the Plaintiff will be produced upon pre-pam ent of al1 remsonable

copying and m ailing costs or may be inspected at D ismms' colmsel's office upon reasonable

notice.

10. D ism ms' file on the Plaintiff w ill be produced upon pre-paym ent of a11 reasonable

copying and m ailing costs or may be inspected at Dism ms' cotmsel's oftk e upon reasonable

notice.

1 1. D ism as' file on the Plaintiff w ill be produced upon pre-paym ent of a11 reasonable

copying and m ailing costs or may be inspected at Dism as'

notice.

counsel's office upon reasonable

12. D ism as' file on the Plaintiff w ill be produced upon pre-paym ent of a11 reasonable

copying and m ailing costs or m ay be inspected at Dism ms'

notice.

cotm sel's om ce upon reasonable

13. D ismas' Rle on the Plaintiff w ill be produced upon pre-paym ent of a11 remsonable

copying and m ailing costs or m ay be inspected at Dism s'

notice.

cotm sel's office upon reasonable

14. D ism as' file on the Plaintiff w ill be produced upon pre-paym ent of a11 remsonAble

copying and m ailing costs or m ay be inspected at D ismas' counsel's office upon reasonable

notice.

15. D ism ms' file on the Plaintiff will be produced upon pre-paym ent of all remsonable

copying and m ailing costs or may be inspected at Dism as' cotmsel's office upon reasonable

notice.

3



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* #

16. D ismas' file on the Plaintiff w ill be produced upon pre-paym ent of a11 remsonable

copying and m ailing costs or may be inspected at D ismas'

notice.

17. N one.

18. D ism as' file on the Plaintiff w ill be produced upon pre-payment of a11 reasonable

copying and m ailing costs or m ay be inspected at Dism s' colm sel's offk e upon remsonable

notice.

collnqel's oftk e upon re% onable

19. N one at this time as no experts have been retained.

20. U nknown at tllis tim e. See response to request nllmber 2.

21. Unknown at this tim e.

22. N one except for any statem ents in the Plaintiff's file.

23. U nknown at this tim e.

24. See attached declaration page.



42/44

CE RTIFICA T O F SER VICE

YEBY CERTIFY th at on thetx d of August 2011 theH Ebeing served tlzis day on all cotmsel of record p artles identified

List via United Sutes Regular M ail. '

/s/ Dav id S. Ch etFAVID s. CHAI , EsoullksFlorida Bar No. 963798

foregoing docum ent ison the attached Service

5



43/44

M **

SERW C E LIST

Traian Bujduveanu v. Dismas Charities, Inc-, et al.Case No..: II-ZOIZO-CIV-SEITZ/SIM ONTON

United States District Court, Southern D istrict of Florida

Traian BujduveanuPro Se Plaintiff5601 W . Broward Blvd.Plantation, FL 33317

Tel: (954) 316-3828Email: [email protected]

6



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