mtion to compel production of documents and electronically stored informations

#'i

IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLORIDA

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

. t , o cFILED by . ./ j/ 'p

AU6 ty 2 ''z : :1STEVEN .M LARIMOREFCLERK U s DlsT, c'rS. D. of FLA - MIAMI 1

TRAIAN BUJDUVEANU,

Plaintiff,

VS.

DISM AS CHARITIES, lNC., ANA GISPERT,

DEREK THOM AS and ADAM S LASHANDA

Defendants.

M OTJ-ON TO COMPEL PRODUCTION OF DOCUM ENTS ANDELECTRONICALLY STORED INFORM ATIONS

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 Thomas and Lashanda Adams to produce

documents and electronically stored information, as requested by Movant's documentrequests. The grounds for thls motion are set forth below:

1. BACKGROUND

1. On July 25, 201 1, M ovant propounded ,on the Defendants, his First Request For

Production 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, Movant has received a response from theDefendants (Exhibit C).

2. Defendants have failed to produce any documents in response to M ovant's requestfor the Production Of Documents . Refusal to provide any responses to the

documentary requests was based upon an assertion that it would be prohibited by the

Federal Bttreau Of Prisons (Exhibit C). (Rule 37.01 For the purposes of this l'ule anevasive or incomplete answer is to be treated as a failtlre to answer.)

3. Defendants' representation regarding the release of the documents is a gross

exaggeration of the facts, and represents an attempt to hide Defendants' failure todisclose the responsive information. Information requested by the Plaintif are not

deemed to be Confidential, Secret or Classified Documents, and the Defendants

represent a Private Not For Profit Corporation.

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

M ities that on August 5t1'' 201 l 4:00 PM M r. David S. Chaiet4. The ovant cert , , ,Attorney for the Defendants, telephoned the M ovant and stated that a11 Discovery

request will not be meet, due to the fact that release of such documents andinformation are prohibited by the Department Of Justice. Federal Bureau of Prisons.

5. Defendants have a histoly of similar incidents, and they will cover up a1l

incriminating facts at any price. Responding to the Request For Production OfDocuments and Electronically Stored lnformations, would mean acceptance of guilt

on the part of the Defendants, and will reveal a long history of abuse at a1l Dismas

Charities Houses.

6. To excuse themselves for the failure to produce these documents, Defendants have

enumerated in their Objections, harassment, prepayment of cost and ajain therepetition of the previous statement, given on the telephone conversatlon, that

releasing of these documents is prohibited by the Federal Bureau Of Prisons.

ln this case, Defendants will have to demonstrate to the Court, which statements andrequest pertain to the Federal Bureau Of Prisons, and present a valid document from

the Federal Bureau Of Prisons to the Defendants, that forbids such releases.

7. M ovant will like to remind this Court, that at the time these acts have taken place,

he was in Community Custody and not in the Custody of the Federal Bureau OfPrisons. Dismas Charities is a private not for profit corporation that cannot speak in

the name of United States Federal Bureau Of prisons.

8. This Court has noticed that Attom ey for the tr efendants has appeared in the

picture late''. The reason for which the Attorney has appeared late is because

Defendats were trying to clean up after the Plaitiff was taken to FDC M iami, thusdestroying most of the evidence and incriminating documents, and they needed time.

9. lt should be noted that a11 of the Plaintiffs property was confiscated by the

Defendats and the Plaintiff was sent to FDC M iami without any documents or

personal belongings. This would also ensure that Plaintiff does not have any

incriminating docum ents, against Defendants, in his possession.

l0. Curiously enough, while the USPO has received a copy of the M otion For The

Rettzrn Of Propeo , in January 201 1, and the Clerk of Court has received a11documents on the Docket, during this period of time, Defendants claim that they havenever received any documents. This represents a gross underestimation of the United

States Postal Oftice and The Air M ail act signed in 1925.

lI. LEGAL STANDARD

The federal discovery rules are liberal in order to assist in the preparation for trial

and 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.

2


'' Pre-trial discovery typically is ''accorded a broad and liberal treatment. . . . This

broad right of discovery is based on the general principle that litigants have a right to

every man's evidence and that wide access to relevant facts serves the integrity and

fairness 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 allows a plaintiff to leal'n the factual bases of the

opposing 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 complaint,

to the proposed relief, or to the defenses of any respondent. . . . Information may not

be withheld from discovery on grounds that the infonnation will be inadmissible at

the hearing if the information sought appears reasonably calculated to lead to the

discovery of admissible evidence.'' 16 C.F.R. 3.3 1 (c) (1)

Plaintiff is entitled to discovery regarding any non-privileged matter thatis relevant to any party's claim or defense, including information that appears

reasonably 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 ççfails to obey

a scheduling or other pretrial order.'' Fed. R. Civ. P. 16(9(C).

A. Cost-shifting or Sharinz is Improper.

The Federal Rules of Civil Procedure, and applicable case law, hold that under

ordinary circumstances, a party should bear the expense of complying with discovery

requests. 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<cost

shifting.'' ld. at 358. Nevertheless, 6çgal court should consider cost shifting only whenelectronic data is relatively inaccessible, such as in back up tapes.'' Zubulake v.

U.B.S. Warburg LLC, 217 F.R.D. 309, 324 (S.D.N.Y. 2003).As noted by one District Court in the Sixth Circuit, Efgslhifting the costs ofextraordinary electronically stored information discovery efforts should not be used as

an alternative to sustaining a responding party's objection to undertaking such effortsin the first place.''

The request for M ovant to pay the entire production cost is improper and

fundamentally unfair. Movant should not be required to pay for the fault and (gross)negligence of the Defendants. Dismas Charities,lnc, Ana Gispert, Derek Thomas andLashanda Adams were not concerned enough with Plaintiffs' advanced medical

3


!

conditions when they have committed these acts, and they try to humiliate and torture

the Movant, just because he is a foreigner, he spoke English with an accent, he was aGreek-M acedonian of Greek Orhodox religion, and he would refuse to subdue to the

Defendants torture.

W hile M ovant acknowledge there will be some cost to Defendant to produce these

documents, Defendants have no one to blame but themself for the costs to beincurred. Had Defendants taken reasonable steps to follow proper procedures, it may

not be necessary to produce these documents. As a further showing on why it would

be ftmdamentally unfair for M ovant to support costs, this case is costly enough for the

M ovant. It would be far more burdensome on the M ovand to incur the costs than the

Defendants, which touts revenues of M illions of Dollars per year, money taken from

the taxpayers.M ovant respectfully request the Court deny any request by Defendants to requireM ovant to pay the production costs.

111. CONCLUSION

For the reasons set forth above, M ovant respectfully requests this Court to issue the

attached order compelling the production of documents and things as requested in

Plaintiff First Request For Production Of Documents And Electronically Stored

lnfonnation, and/or to sanction the Defendants for their failure to comply with the

discovery requests. Further, based upon the above argument, it would be improper for

the Plaintiffs to bear any of the costs incurred in the production of these files. As

such, Defendants should be required to pay for the production of the responsive

documents.

W HEREFORE, Plaintiffs, would respectfully request that this Court order Defendants

Dismas Chalities,lnc., Ana GispertDerek Thomas and Lashanda Adams, within 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 said

production.

Date: August 29,201 l

Respectfully submitted,

...'''* . /

zz zpz/ A seonvTRAIAN BUJDUVEA , PRO SE


CERTIFICATE OF SERVICE

I hereby certify that on or about JULY 25, 201 1 a true and correct copy of theforegoing document was served upon the following via the United States Postal

Service, First Class M ail:

Dismas Charities, lnc.,

14l N.W . l St. Avenue

Dania, FL 33004-2835Ana Gispert

Dismas Charities,lnc.

141 N.W . 1 St. Avenue

Dania, FL 33004-2835

Derek Thomas

Dismas Charities,lnc.14l N.W . l St. Avenue

Dania, FL 33004-2835

Lashanda Adams


14l N.W . 1 St. Avenue

Dania ,FL 33004-2835David S. Chaiet,Esquire

Attorney for Defendants

4000 Hollywood Boulevard

Suite 265-South

Hollywood,Fla 33021

EXECUTED ON THIS 29th DAY OF AUGUST, 201 l

.< w /

/ //T// Jz utreaêzôTRAIAN BUJDUVE ,U PRO SE

5601 W . BROW ARD BLVD.,

PLANTATION, FL 33317

5


!

EXHIBIT A


!

IJNITED STATES DISTRICT COIJRTSOUTHERN DISTRICT OF FLORIDA

CASE NO.l l-20120-C1W SElTZ/S1M ON rON

TRM AN BUD UVEANUPlaintiff,

VS.

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

Defendants.

PLM NTIFF'S H RST REOUEST FOR PRODUCTIONOF DOCUM ENTS AND ELECTROM CALLY STORED INFORM ATIONS

TO- DEFENDANTS DISM AS CHARITIESJNC.A NA GISPERT.DERKTHOM AS AND LASHANDA ADAM S.

Plaintiffs, Traian Bujduveanu, pursllant to Rule 34 of the Federal Rules of CivilProcedure, hereby request that Defendnnts Dismas Charities

, Inc., Ana Gisperq Derekn omas and Lashanda Adams produce the originals of documents described below

within th10 (30) days of service of this notice to be at the address as set forth in theFirst Amended Complaint or at such other time and location as the parties may

mutually apee.

DEFG ITIONS

For ptuposes of this Request for Production of Docllments, the following defmitions

shall apply unless otherwise specitk ally indicated:

A. 'I'he word ''document'' shall mean any written or papbic m atter or other meansof preserving thought or expression

, and a1l tangible things from which informationcan be processed or tanscribed, 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, contacts, tomscripts, surveys,graphic representations of any kind, photor aphs

, r aphs, microllm, video tapes, taperecordings, motion pictures or other film .

B. All domlments produced shall be in both hard copy format and electronic media,

to the extent the documents exist in electronic media. lf the documents once existed in


electrorlic media but were deleteG Defendants shall produce mirror image copies ofthe electronic m edia âom which the documents were deleted or shall produce theelectronic m edia.

C. ''M irror image copies'' means true and exact copies of the electronic mediaincluding the portion of the electronic media 9om wllich material has been deleted

.

D. ''Al1 domlments and eleclonic media relating to'' means any and a11 domlments orcomnulnications that constitm e, comprise

, 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 deemed by Defendants to call for the production of docnmentscovered by the attom ey/client or work product privilege

, and Defendsnts withholdsaid documents on the basis of one or both of the privileges

, provide a description ofthe document and the rolmds for withholding the document

.

F. If any documents responsive to these requests have been destroyeda describe said

docllments and the reasons for their destnzction and state the date on which saiddocllments were destoyed. If any such deskoyed documents existed in electonicmedia, provide the electronic media 9om which the docllments were desloyed

.

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

orgrmized for profk ; governmental entity ; partnership; association; coopa éve; jointventure; sole proprietorship ; or other legal entity . W ith respect to a business entity,tile term ''person'' includes any natural person acting formally or informally as an

employee, offker, agent, attorney, or other representative of the business entity.

H. ''Policy'' means each rule, procedure, or directive, formal or informal, and each

common lmderstanding or course of conduct that was recognized as such by Yotlrpresent or fonner officers, directors

, employees, agents, or other Persons acting or

purporting 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 might

othelw ise be construed outside of its scope.

J. n e use of the singular form of any word 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 might otherwisebe construed to be outside its scope.


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 mnmculine gender shall, respectively, Zclude tâe pl4zml O dfeminine gender, and vice versa.

0. ''You'' and ''your'' shsll me>n yourself and a11 otlzer persons acting or purpoeing

to ac1 on your behalf.

P ''Reladng to'' and ''relates to'' mean without limitation relae g to, conc- ing,* ; y

constituting, mendoning, referring to, describing, snmmsrizing, evidenchg, lieinprelevant to, demonsmating, tending to prove or disprove

, or explnin.

R. ''Communication'' or ''communications'' lcludes, without limitationa in-person

or telephone conversations, facsim iles, letters, electonic mxil, telegram s, telexes,tapes or other sotmd recordings, or oier means of transmilting informndon *om onesource to another.

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

T. ''Defendants'' - n e term ''Defendants'' in the context of this case refc to DismmsChsrities,lnc.cAna Gispc Derek n omas

,lashanda Adxmq.

SCHEDULE OF DOCUM ENTS

1 One copy of each of Disma.q Charities,lnc., m ost current employee lists andorglmizmional chnrtq.

2. n e complete contents of Plainte s personal fle.

3. n e complete contents of any other lles mnintnined in Plaine s name by any ofthe Defendants.

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

3


5. M y and a1l documents, in Plaintiffs nnme, which are in the possession,

custody or control of Defendants, their attom eys, investigators, agents,employees and other representaives.

6. Any and a11 medical, psychiatric or other health-related reports or writings whichdescribe or evaluate Plaintiff s physical or mental condition or any treatment receivedby plaintiff at any time Plaintiffwas at Dismas Charities

,lnc., or in HomeConfmement.

7. Any and all performance appmisals, evaluations, and reviews of Plaintif by any

Defendant.

8. Any and a1l writings containing any reference to Plaintiffs performance while atDismas Charities,lnc.

9. Any and all records,coaespondence,notes,commc ications, and other docllmentsconceming or relating to Plaintiffs files obtained by Dismas Chadties

,lnc, AnnGispert, Derek n omas, Lashanda Adams

, the contents of those fles, thecircllmstances under which they obtained possession of those fles

, or anyhwestigation of those circllmstances.

10. Any and a1l records, correspondence, notes, communications, and other

docdzm ents concerning or relating to any correspondence or commzznications with

CCM Director Rodriguez, regarding the Plaintiff s files, their contents, thecircumstances tmder which Dismas Charities

,lnc,Ana GisperqDerek Thomas,andLashanda Adam s obtained possession of those files

, or any investigation of thosecircllmstances.

1 1. Any and a1l records, correspondence, notes, commzlniçations, and other

documents conceming or relating to any correspondence or communications withU.S. M arshal regarding the Plaintifrs files

, their contents, the circtlmstxnces underwhich Dismas Charities,lnc

yAna GisperqDerek Thomas,and Lashanda Adxmqobtained possession of those sles, or any investigation of those circllmstnnces.

12. Any and al1 records, correspondence, notes, commAlnications, and other

doczlments concerning or relating to any correspondence or commtmications with any

officer, employee or agent of the Federal or State Government, regarding the

Plaintiff's files, their contents, the circllmstances tmder wllich Dism%Charities,lnc.,Ana GispertDerek n omas,and Lashanda Adnms obtained possessionof those files, or any investigation of those circum stances

.

13. Any and a11 records, correspondence, notes, commlmications, and other

docllments concerning or relating to any correspondence or communications with

USPO Steven Aasterud, regarding Plaintiff or containing the name of the Plaintifsand the circumstances tmder which Dismas Charities

rlnc.,Ana Gispert, Derekn omas, and Lashanda Adams obtained possession of those tiles

, or any hwestigationof those circumstances.

4


14. Any and a1l records, correspondence, notes, commlmications and other documentsconceming or relating to any correspondence or communications with any person or

persons, or agents of USPO regarding Plaintiz or containing the name of the Plaintiff,

and the circumstances tmder which Dismas Charities,lnc., M a Gispert, Derek

n omas, and Lashanda Adam s obtained possession of those files, or any investigation

of those clcumstances.

15. Any and all records, corespondence, notes, communications, and otherdocuments conceming or relating to any communications with any om cer

, agent oremployee of the Federal Corection Center in M iam i

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

ylnc., Ana Gispert,Derek n omas, and Lashanda Adnms obtained possession of those files

, or anyinvestigation of those circumstances.

16. Any and a1l records, correspondence, notes, commtmications, and other

docllments concerning or relating to any correspondence or comnnmications with anyofficer, employee or agent of the United States Department Of Justice

, FederalBureau Of Prisons, regarding the PlaintifFs sles

, their contents, the circllmstxncestmder which Dismas Charities

, Inc., Ana Gisperq Derek n omas, and LashandaAdams obtained possession of those files

, or any investigation of those circumstances.

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 computer informationcenter, and/or computer comm unication center

, conceming the plaintiffts)named.

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 summary of the grounds for any such opinion held

.

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

of trial.

21. Any and a11 demonstrative or visual aids proposed for use at trial,including any proposed or pltmned for use to cl

arify, illustrate, or assist inexplaining the testimony of any witnesses

.

22. A copy of a11 statements 9om wimesses to the incident mentioned in the

complaint.

23. A copy of each photor aph, diagram , map, chart or draw ing whichwill be introduced at trial.

5


24. A copy of the declarations page for any insumnce agreementbetween defendants or any third party and any person canying on an insurance

business 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 to

the defendants on the date of the incident described in plaintifrs complaint,

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

6


CERTY ICATE OF SERW CE

l hereby certify that on or about JULY 25, 201 1 a true and correct copy of the

foregoing docllment was served upon the following via the United States PosGlService, First Class M ail:

Dismas Charities, lnc.,

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

Ana GispertDismas Charities,lnc.


Dania, FL 33004-2835

Derek Thomas

Dismas Charities,lnc.141 N .W . 1 St. Avenue

Dania, FL 33004-2835

Lashanda AdamsDismas Charities,lnc.

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

David S. ChaietyEsquireAttorney for Defendants

4000 Hollm ood BoulevardSuite 265-South

HollywoodyFL 33021

EXECUTED ON THIS 25:d DAY OF JULY 201 l

-< ' tzz/z/ z xwvz zeeTRAIAN BUJDITVEA , PRO SE

5601 W . BROW ARD BLVD.,

PLANTATION, FL 33317

7


EXHIBIT B


IN TIIE IJNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLOD A

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

TRAIAN BUJDUVEANU,

Plaintiftl

VS.

Dlsm s cM Rrrls ,s m c., ANA GISPERT,

DEREK THOM AS andAow s LASHANDA

Defendants.

/

PLAINTIFF TRM AN BUJDW EANU'S FIRST SET OF

INTERROGATORIES TO DEFENDANTS ANA GISPERT DEREK THOM AS

AND LASHANDA ADAM S

Plaintiffs, Traian Bujduveanu, Pro Se, pursuant to the Federal Rules of CivilProcedure, propotmd the following lnterrogatories to be answered under oath by

Defendants, Dismas Charities,lnc., Ana Gispelt Derek n omas and Lashanda Adnms,within th114.y (30) days of service hereof.

G STRUCTIONS

1. n ese Intelw gatories are continuing in character so as to require you to file

supplementary answers if you obtain further or diflkrent information before trial.

2. Pursuant to , you are under a duty seasonably to amend any answer to theseinterrogatories for which you leam that the answer is in some material respect

incomplete or incorrect and if the additional or corrective information has notothezwise been made known to us during the discovery process or in writing.

3. For any interrogatory or part of an interrogatory which you refuse to answer under

a claim of privilege, subrnit a sworn or certified statement 9om your cotmsel or oneof your employees in which you identify the nature of the information withheld;specify the grounds of the claimed pdvilege and the paravaph of these interrogatoriesto which the information is responsive; and identify each person to whom the

information, 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 answer an interrogatory fully, submit as much Zformation ms is

1


available, explain why your answer is incomplete, and identify or describe a11 other

sources of more complete or acctlrate information.

5. For any record or document responsive or relating to these interrogatories wllich

is known to have been destroyed or lost, or is otherwise unavailable, identify each

such doclzment by author, addressee, date, nllmber of pages, and subject matter; and

explain in detail the evtnts leading to the destruction or loss, or the reason for the

unavailability of such document.

6. No apeement, lmderstanding, or stipulation by the Department of Justice or anyof its representatives pum orting to modify

, limit, or otherwise vary theseinterrogatories shall be valid or binding on the Depnrfment of Justice l'nless

confirmed or acknowledged in writing (or made of record in open court) by a dulyauthorized representative thereof

7. Unless othezwise stateda these Interrogatories refer to the time, place, and

circlxmstances of the occurrence m entioned or complained of in the Comple t.

8. W here name and identity of a person is requireda please state full nxme, home

address and also business address, if known.

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

, representatives, and tmlessprivileged, his attomeys, and includes knowledge obtained 9om other persons orsources, even if such

knowledge would be hearsay under applicable law, and even if the person receiving

such information did not believe it, failed to conflrm its validity, disregarded it, or had

other knowledge that cast doubt on the information.

10. ln the event that any document 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 document withheld:

(a) A descdption of the facmal and legal basis for the claim of grivilege or objectionin sufficient detail so as to permit the court to determine the valldity of the claim or

objection;

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

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


(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

, summaries, or explanations ofthe document.

1 1. ln the event that any document to which you refer in your answers to these

lnterrogatories has been deskoyed or discharged, or has otherwise leR your

possession, 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 docllment.

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

W FINITIONS

these Interrogatories in the broad and liberalsense and means written, typeds printed, recorded or grapllic matter, however storedsproduced or reproduced, of any kind and description and whether an original

, m aster,duplicate or copy, including, but not limited to

, papers, notes, accotmts, books,advertisements, letters, memoranda, notes of conversations, conkacts, av eements,drawings, telegrams, electonic mail

, tape recordings, commllnications, includinginter-offke and intra-oG ce m emox da

, rtports, smdies, working papers, com oraterecords, minutes of meetings, notebooks

, bank deposit slips, bnnk checks, cancelledchecks, diades, diary entries, appointment books

, desk calendam, photov aphs,transcriptions or sound recordings of any type of personal or telephone conversations

or negotiations, meetings or conferences or things similar to aay of the foregoing, and

to include any data, information or statistics contained within any data stomgemodules, tapes, discs, diskettes, or other memory device, or other information

The word ''docllments'' is used in

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


generated reports and printouts. n e word ''document'' also includes data compilationsâom which information can be obtained and translated

, if necessary, by therespondent through detection devices in a reasonably usable form . lf any documenthas been modifed by the addition of noutions or otherwise

, or hms been prepared inmultiple copies which are not identical

, each modified copy or unidentical copy is aseparate ''document.''

2. Defendu ts means Dismas Charities,inc., Ana Gispert, Derek Thomas, Lashanda

Adams.

3. n e term tr ismas Charities'' meansoperating 28

Kentucky, 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, Daniw Florida 33304-

2835 (1 whatever business form, including corpomtion, close corpomtion,partnership, limited 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 commonly attributed to the business known as

çr ismas Charities,lnc,,'' including by way of example and not limitation, trade

nnmes, liquor licenses, copyright and trademark rights.

3. As used herein, the term ''communications'' shall mean sign language, any oral or

written utterance, notation, or statement of any nature whatsoever, by and to

whomsoever made, including, but not limited to, correspondence, conversations,dialogues, discussions, interviews, consultations, agreements and otherlmderstandings be- een or nmong two or more persons

.

4. As used herein, the term ''or'' appearing in any Interrogatory should not be read soas to eliminate any part of the Interrogatory

, but, whenever applicable, it shall havethe snme meaning as the term ''and.'' For example, an Interrogatory stating ''support orrefer'' shall be read as ''support and refer'' if an Answer that does both can be made

.

5. ''Comple t'' means the complaint filed in the above referenced action.

6. ''You '' ''your'' or ''yotlr company'' refers to Defendants Dismas Charitiesylnc., Ana

Gispert, Derek n omas and Lashanda Adams, the party to whom the Interrogatories

are addressed; in both their àdividual 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 request

for a complete description and explanation of the facts, circumstsnces, analysis,

opinion and other information relating to the subject matter of a specisc interrogatoly.

5. ''Identify'' when refening to an individual, comoration, or other

entity shall mean to set forth the nsm e and telephone mzmber, and if a corporation or

other entity, its principle place of business, or if an individual, the present or last

4


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

''Identify'' or ''identity'' means to state or a statement of:

a. in the case of a person other th% a natural person, its name, the address of its

principal place of business (including zipcode), its telephone nllmber, and the nnme ofits chief exccutive om cer, as well as

, if it has a person oler th= a nanlml person thatultimately controls it, tllat other person's name

, the address of that person's principalplace of business (including zipcode), that other person's telephone number

, and thename of that other person's chief executive offker;

b. in the case of a natural pcson, llis or her name, business address and telephone

number, employer, and title or position;

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

, theidentity of each other person when it was made

, and the subject matler discussed;

d. in the case of a doczxment, the title of the document, the author, the title or position

of the author, the addressee, each recipient, the type of document, the subject matter,the date of preparation, and its number of pages; and

e. in the cmse of an agreement, its date, the place where it occurredm the identity of all

persons who were parties to the aveement, the identity of each person who has

knowledge of the ar eement and all other persons present when it was made, and the

subject matter of the apeement.

''Including'' means including, but not limited to.

8. ''Person'' means any natural person, coporation, company, pnrtnership, joint

venture, flrm, association, proprietorship, agency, boards authority, commission,office or other business or legal entity, whether private or governmental.

9. ''Relating to'' means containing, constituting, considering, comprising,

conceming, discussing, regarding, describing, reflecting, studying, commenting or

reporting on, mentioning, analyzing, or refening, alluding, or pertaining to, in whole

or in part.


G TERROGATORV S

1. State your full name, home address (and a11 addresses for the last ten (10) years,social security number, date of birth, marital stattls and yolzr employer's name andaddress. 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 crime 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 matter, and if so

, State whether you were 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 with personalknowledge of tlw facts pertaining to the occurrence

,and indicate those who were eyewitnesses, and state the substance of their u owledge and articulate their expectedtestimony. For each such individual, identify his or herjob title andjob functionbeing pedbrmed by that individual at the time of these incidents

, and the summary ofwhat knowledge the witness has,and articulate their expected testimony.

5. lf anyone investigated this matter for you including, but not limited to, medical

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 statement *om any individual

, identify theperson who gave the statement and the present custodian of such statement

.

6. Identify each person Zterviewed concerning these incidents. For each such person

state the date of the interview; the substance of the interview arld if the interview wasrecorded and/or transcribed.

6


7. Identify a1l persons to whom you have given si> ed statements regarding those

incidents, the date thereot and the name of the person in whose custody each is at thistime.

8. Identify each and evezy written report made by any person concerning the

incidents.

9. State whether or not the Premises were equipped with a video surveillance cameraand, if so, whose responsibility it was on the dates of the occurrence to monitor thesurveillance camera and whether there are still tapes 9om the dates of the occurR cesand the week 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 PlaintiTsphysical condition or the scene of the occurrence

, identify the substrmce of suchrecording and the present custodiu of each such item

.

1 1. State whether you consumed any dnzgs, medicines, or alcoholic beverages within

twentpfotlr (24) hours prior to said occurrence, the place where such dnlgs,medicines, or alcoholic beverages were obtazed

, the nature of the drugs, medicines,or alcoholic beverages, and the amotmt 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 time of the

occurrence, concerning Plaintifrs medical needs and issues.

7


14. Identify a1l Dismas Charities employees that were aware of the fact that Traian

Bujduveanu was taken by xmbulance to Broward Hospital, and that he spent most ofthe night ,beforet the arrest and removal

,in the emergency room at Broward Hospital,due to pain and discomfort of liver and abdomen ?

15. Identify all Dismas Charities employees that were aware of the fact that ALL

driving documents of Traian Bujduvemm, including DMV Driving Recor; Copy ofvalid Florida Driving License, copy of valid insurance issued by Allstate InsuranceCo., and even a personal letter 9om the director of DM V in Tallahmssce

, Florida,were in his file for some times, at Dismas Charities Halfway House ?

16. State whether or not the Premises were equipped with a video surveillance csmez'a

and, if so, whose responsibility it was on the dates of the occ= ence to monitor the

surveillance camera and whether there are still tapes 9om the dates of the occurancesand the week both before and after the occtlrance and if you have photographs

, films,motion pictures or videotapes or other pictures relevant to the issues in this case

showing the scene of this occurrence at the time of or after its happening, showing

basically how it was then or now, or of the Plaintiff at any time afkr this occurrence,

or the materials involved in this occurrence? If so, state the date of each, the person

taking the photovaphs and describe the content of each.

l7. State the name, address and occupation of each person whom you propose to call

as 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 summary of the votmds for each opinion of eachsuch expert Attach copies of the resllme or cuniculum viGe of each such person

, aswell as copies of a11 written reports made by any proposed expert

. Identify allcommlmicationsa wdtten or oral

, you have had with these individuals.

18. Identify a1l documents that you intend to introduce into evidence at trial,including documents the expert or experts th

at you intend to have testify on yotlr

8


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

otherwise relevant to this case. lnclude in yolzr answer whether you have photop aphs,tilms

, motion pictures or videotapes or other pictures relevant to the issues in this caseshowing the scene of this occurrence at the time of or aRer its happening

, showingbasically how it was then or now, or of the Plaintiffat any time after tMs occurrence,or the materials hwolved in tllis occurrence? State the date of each

, the person takingthe photographs and descdbe the content of each.

9


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 PLAINTIFF TRAIAN BUJDW EANU'S

FIRST SET OF INTERROGATORIES TO DEFENDANTS DISM AS

CHARITW SJNC.,ANA GISPERT,DEREK THOM 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:

Dism ms Charitiesslnc.

141 N .W . 1 St. AvenueDnniw FL 33004-2835

Ana Gispert

Dismas Chariiesslnc.141 N .W . 1 St. Avenue

Daniw FL 33004-2835

Derek ThomasDismas Chariées,lnc.

141 N .W . 1 St. Avenue

Daniw FL 33004-2835

Lashanda Adnm s

Dism as Charities,lnc.141 N .W . 1 St. Avenue

Darlia ,FL 33004-2835

David S. Chaiet,EsquireAttorney for Defendnnts

4000 Hollm ood BoulevardSuite 265-South

Hollyw ood,li 33021

EXECUTED ON THIS 24th DAY OF AUGUST, 2011

. e< ? ?

I AN B E ,ANIJ P R s E

5601 w . BRow u o BLvD.,

PLAN TATION , FL 33317

10


ANA GISPERT

STATE OF FLORD A )COUNTY OF )

Ana Gsperq being duly swom, deposes and say that the attached M swers are true

and correct to the best of his/her knowledge, information and belief

NOTARY PUBLIC

tprint, Type or Stamp CommissionedName of Notary Public)

Personally Known OR Produced Identitkation

Type of Identitkation Produced:

SW ORN TO ANll SUBSCRIRED before me this day of ,201 1

M y commission expires:


DEREK THOM AS

STATE OF FLORIDA )COUNTY OF )

Derek n omas, being duly swom , deposes and say that the attached Answers aretrue and correct to the best of llis/her knowledge

s information and belief.

NOTARY PUBLIC

(Print, Type or Stamp CommissionedName of Notary Public)

Personally Known OR Produced Identification

Type of ldentification Produced:

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


12


LASHANDA ADAM S

STATE OF FLORIDA )COUNW OF )

Lashanda Adams, being duly swom, deposes and say that the attached M swers are

true and correct to the best of Ms/her knowledge, infonnation and belief.

NOTARY PUBLIC

tprint, Type or Stamp CommissionedName of Notary Public)

Personally Known OR Produced IdentifkationType of Identification Produced:

SW ORN TO AND SUBSCRIBED before me tllis day of ,201 1



IN TIIE IJNITED STATES DISTRICT COITRT FOR

THE SOUTHERN DISTRICT OF R ORD A

CASE NO.: 11-20120-C1V-SEITZ/S1M ONTON

BUD UVEANU,

Plaintiff,

VS.

Dlsm s cltAltl'ns ,s IN ,c. ANA GISPER

,TDEREK Tllom s and Aow s LASHANDA

Defendants.

PLAINTIFF TRAIAN BUD ITVEAN U'S FIRST SET OF

O 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, Dismas Charities,lnc., Ana Gispert, Derek Thomas and Lashanda Adam s

,

within thirty (30) days of service hereof

G STRUCTIONS

1. These lnterrogatories are conthming in character so as to require you to K1esupplemenGry answers if you obtain further or different information before trial

.

2. Pursuant to , you are under a duty seasonably to amend any answer to theseinterrogatories for wllich you learn that the answer is in some material respect

incomplete or incorrect and if the additional or corrective information has not

othem ise been made known to us dllring the discovery process or in writing.

3. For any interrogatory or part of an interrogatory wllich you refuse to answer under

a claim of privilege, subrnit a sworn or certified statement 9om your counsel or oneof yolzr employees in wllich you identify the nature of the information withheld;specify the v ounds of the claimed privilege and the pnrnpaph of these interrogatoriesto which the information is responsive; and identify each person to whom 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

, submit as much information as is


available, explain why your answer is incomplete, and identify or describe a11 other

sotzrces of more complete or accurate information.

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 document 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. No areement, tmderstanding, or stipulation by the Depnrtment of Justice or anyof its representatives purporting to modify

, limit, or otherwise vary theseinterrogatodes shall be valid or binding on the Department of Justice unless

conflrmed 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, and

circumstances of the occurrence mentioned or complained of in the Complaint.

8. W here nnme and identity of a person is require; please state full nsme, homeaddress and also busless address

, if u own.

9. W here u owledge or information in possession of a party is requesteda such

request includes u owledge of the party's agents, representatives, and unless

privileged, his attomeys, and includes knowledge obtained 9om other persons or

sources, even if such

u owledge would be hearsay tmder applicable law, and even if the person receiving

such information did not believe it, failed to conflrm its validity, disregarded it, or had

other u owledge that cast doubt on the information.

10. In the event that any document 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 document withheld:

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

objection;

(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 thedocument;


(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 names

and addresses of a11 persons who have received copies, summaries, or explanations of

the docllment.

1 l . In the event that any document to wltich you refer in your anKwers to these

lnterrogatories has been destoyed or discharged, or has otherwise leR yolzr

possession, custody alld control, set forth:

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

m 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 desmzctionor discard of the docdlment.

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

PEFG ITm NS

these Interrogatories in the broad and liberalsense and means m itten, typed, printed, recorded or graphic matter, 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, aveements,drawings, telev nms, eleclonic mail

, tape recordings, communications, includinginter-ox ce and intra-om ce memoranda

, reports, studies, working papers, comoraterecords, minutes of m eetlgs, notebooks

, bank deposit slips, bank checks, cancelledchecks, diaries, diary entries

, appointment books, desk calendam , photovaphs,transcriptions or sound recordings of any type of personal or telephone conversationsor negotiations, meetings or conferences or things sim ilar to any of the foregoing

, andto include any data, information or statistics contained within any data storagemodules, tapes, discs, diskettes, or other memory device, or other information

The word ''documents'' is used in

retrievable 9om any storage systems, including, but not limited to, computer-

3


generated reports and pe touts. n e word ''document'' also includes (IaG compilationsfrom which information can be obtained and translated, if necessary, by therespondent throug,h detection devices in a reasonably usable form. If any doczzmenthas been modified by the addition of notations or otherwise

, or has been prepared inmultiple copies which are not identical, each modified copy or llnidentical copy is aseparate ''domlment.''

2. Defendants means Dismas Charitiesyinc., Ana Gisperq Derek n omas, LashandaAdams.

3. n e term çr ismas Charities'' means Dismas Charities,lnc.,the comoration

operating 28 halfway houses, in 18 states, with the headquarter in Louisville,

Kentucky, and the business operated at 141 N.W . 1 St. Avenue, Dania, Florida 33304-

2835 (in whatever business form, including corpomtion, close corpomtion,pa> ership, limited partnersllip, unincorporated association, proprietorship, S

comoration, limited liability company, or any other form), including any real propertyowned, leased or otherwise occupied at that location, personal property of any kind at

that location, and any other rights commonly attributed to the business u own astr ismas Charities,lncy,'' including by way of example and not limitation, eadennmes, liquor licenses, copyright and trademark rights.

3. As used herein, the term ''communications'' shall mean sign language, any oral or

writlen utterance, notation, or statement of any namre whatsoever, by and to

whomsoever made, including, but not limited to, correspondence, conversations,(Iialogues, discussions, interviews, consultations, agreem ents and other

understandings between or among two or more persons.

4. As used herein, the term ''or'' appearing in any Interrogatory should not be read soas to eliminate any part of the Interrogatory, but, whenever applicable, it shall have

the same meaning 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 made.

5. ''Complaint'' means the complaint filed in the above referenced action.

6 ''You '' '' our'' or '' our company'' refers to Defendants Dismas Charities lnc., Ana. , y y ,

Gispert, Derek Thomas and Lashanda Adams, the party to whom the Intenogatories

are addressed; in both their individual capacity, and its successors, mssigns,

employees, agents, attomey, and al1 other persons purpoting to act on their behaltl

4. n e phrase ''describe in detail'' as used in these interrogatories includes a request

for a complete description and explanation of the facts, circllmstzmces, 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 mean to sd forth the name and telephone number, and if a corporation or

other entity, its principle place of business, or if an individual, the present or last

4


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

''ldentify'' or ''identity'' means to state or a statement of:

a. in the case of a person other than a natural person, its nsme, the address of its

plincipal 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 that

ultimately conkols it, that other person's nnme, the address of that person's principal

place of business (including zipcode), that other person's telephone nllmber, and thename of that other person's chief executive officer;

b. in the case of a natural person, his or her name, business address and telephone

number, employer, and title or position',

c. in the cmse of a commlmication, its date, type (e.M., telephone conversation or

discussion), the place where it occurrei the identity of the person who made thecommlmication, the identity of the person who received the communication, theidentity of each other person when it was made

, and the subject matter discussed;

d. in the case of a docllment, the title of the document, the author, the title or position

of 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 agreement, its date, the place where it occurreda the identity of a11

persons who were parties to the av eement, the identity of each person who hasu owledge of the agreement and a11 other persons present when it wms made, and the

subject matter of the agreement.

7. ''Including'' means including, but not limited to.

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

9. ''Relating to'' m eans containing, constitm ing, consideling, comprising,

conceming, discussing, regarding, describing, retlecting, studying, commentm' g orreporting on, mentioning, analyzing, or refening, alluding, or pertaining to, in whole

or in part.


G TERROGATORV S

1. Identify your correct legal entity and identify, stating the date on which such entity

was forme; the State of incoporation, the namets) and addresstes) of al1 oocers,directors, general partners

, limited pnrfners and a11 other parties with any interest inyour orgnnization.

2. Identify any previous or subsequent incidents of which you are aware that occurredin substantially the same manner as the incident complained of in tllis lawsuit

a orwhich also occurred at M L Dismas Charities Premises

, including a description of al1premise liability claims made involving this property over the last 10 years.

3. ldentify any procedures which you followed, at and before the time of the

occurrence, concerning Plaintic s medical needs and issues.

4. State whether or not the Premises were equipped with a video surveillance camera

and, if so, whose responsibility it was on the dates of the occurrence to monitor thesurveillance camera and whether there are still tapes from the dates of the occurances

and the week both before and aRer the occurance

5. Describe what training procedlzres, if any, are followed in the course of kaining

Defendant's employees with regard to Dismas Charities halfway house

employment. n is includes any and a11 written material, slides, photopaphs, flms,videotapes, etc. which Defendant utilizes in training employees.

6. State if Dismas Charities, Inc., was ever involved in a widespread com zption

scandal, 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


%

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

8. State if , Dismas Charities,lnc., was ever accused of com zption, spending publicmoney without being accotmtable for how they do it.

9. State if Ray W eis,The CEO of Dismas Charities,lnc., was paid in 2008, a salary of

$600,000 to manage the corporation, and if the Executive Vice President, Jan Kempf

received 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 Dismas Charities,lnc. made any contributions for a political campair s inthe last 10 year. If so, list a11 Political Campair Contributions

, made by DismasCharities,lnc., for the last 10 years, and to the parties and/or person that they weremade to, and . Identify a11 Dismas Chmities employees who have participated at anypolitical event, and made contributions on behalf of Dismas Charities

,Hc.

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

7


CERTW ICATE OF SERW CE

1, TRAIAN Bum lW EAr rcertify that I have this 24st day of Augustyzoll selved a

tnze and correct copy of the foregoing PLAINTIFF TRAIAN BUD UVEANU'S

FIRST SET OF INTERROGATORIES TO DEFEO ANTS DISM AS

CHARITIES,G C.A NA GISPERX DEREK THOM AS AND LASHANDAADAM S, Upon Defendu ts, by causing to be deposited with the Uited States PostalServices, First Class M ail, proper postage afrlxed thereto

, addressed as follows:



Dania, FL 33004-2835

Ana Gispert

Dismœs Charities,lnc.141 N.W . 1 St. Avenue

Dania, FL 33004-2835

Derek n omasDismas Charities,lnc.

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

Lashanda Adam s

Dismas Charities,lnc.141 N.W . 1 St. Avenue

Dania ,FL 33004-2835

David S. Chaiet,EsquireAttom ey for Defendnnts

4000 Hollywood BoulevardSuite 265-South

HollywoodaFta 33021

EXECUTED ON THIS 24th DAY OF AUGUST, 01 1

# ?

am w ::2 s 4T RAI AN B U UVE ,ANU P R O S E

5601 w . BRow u o BLvo.,PLANTATION, FL 33317

9


Dls- s cltxkli+ j,rkè.

STATE OF FLORIDA )COUNTY OF )

Dismas Charities,lnc., being duly swom, deposes and say tllat the attached Answers

are 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 Identification

Type of Identification Produced:

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

M y comm ission expires:

10


EXH IBIT C


IN THE UN ITED STATES DISTRICT COURT FORTl'lE SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 11-20120-C1V-SE1TZ/SIM ONTON

TRM AN BUJDUVEAN U,

Plnintiff,

VS.

Dlsm s CHARTTIE ,s lx ,c. ANA GISPERT,

DERUEK THoAdAs and ADAM S LESHOTA

Defendants.

/

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

ADAM S LESHOTA'S RESPONSE TO PLM NTIFF'S REOUEST FOR PRODUCTION

Defendants Dismœs Chadties, Inc., Ana Gispert, Derek Thomas and Adams 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:

GENERAL OBJECTION

To the extent that any requests seeks documents 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 must be made directly to the Federal Bureau of Prisons. Dismms

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

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

admissible evidence.Tlkis request is served for harassment purposes only.


> '

2. Dism as' file on the Plnintiff will be produced upon m e-payment of a11 remsonable

copying and m ailing costs

notice.

or may be inspected at Dism as' cotmsel's office upon reasonable

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

admissible 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

admissible evidence. This request is served for hrassment purposes only. Tbis request seeks

personal and confidential information on the Defendants. However, none.

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

request number 2.

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

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

notice.

oflce upon reasonable

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

copying and m ailing costs

notice.

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

8. Dism as' file on the Plaintiff will be produced upon pre-payment of a11 reasonable

copying and mailing costs

notice.

or may be inspected at Dismas' counsel'soffice upon reasonable


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

copying and mailing costs or may be inspected at Dismms' colmsel's office upon reasonable

notice.

10. Dismms' file on the Plaintiff will be produced upon pre-payment of a11 reasonable

copying and mailing costs or may be inspected at Dismms' cotmsel's oftke upon reasonable

notice.

1 1. Dismas' file on the Plaintiff will be produced upon pre-payment 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 will 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. Dismas' Rle on the Plaintiff will be produced upon pre-paym ent of a11 remsonable

copying and mailing costs or m ay be inspected at Dism œs'

notice.

cotm sel's office upon reasonable

14. Dismas' file on the Plaintiff will be produced upon pre-payment of a11 remsonAble

copying and m ailing costs or may be inspected at Dismas' counsel's office upon reasonable

notice.

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

copying and mailing costs or may be inspected at Dismas' cotmsel's office upon reasonable

notice.

3


* #

16. Dismas' file on the Plaintiff will be produced upon pre-payment of a11 remsonable

copying and m ailing costs or may be inspected at Dismas'

notice.

17. N one.

18. Dismas' file on the Plaintiff will be produced upon pre-payment of a11 reasonable

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

notice.

collnqel's oftke upon re%onable

19. None at this time as no experts have been retained.

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

21. Unknown at this time.

22. None except for any statem ents in the Plaintiff's file.

23. Unknown at this tim e.

24. See attached declaration page.


CERTIFICAT OF SERVICE

YREBY CERTIFY that on thetx d of August, 2011 theI H E

being 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 document is

on the attached Service

5


M **

SERW CE LIST

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

United States District Court, Southern District of Florida

Traian BujduveanuPro Se Plaintiff

5601 W . Broward Blvd.

Plantation, FL 33317

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

6


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