Plaintiff's response to defendant's motion to dismeiss action for failure to appear at deposition

h

IN THE IJNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF FLORIDA

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

TRAIAN BUJDUVEANU,PlaintiF,

VS.

Dlsm s cltxm rrm ,s m c ,. ANA GISPERT,

DEREK THOM AS and LASIIANDA Aoo SDefendants.

/

PLAINTIFF'S RESPONSE TO DEFENDANT'S M OTION TO DISM SS ACTION FOR

FAILURE TO APPEAR AT DEPOSITION

Plaintiff Traian Bujduveanu, Pro Se , hereaRer know as GtMovant'', files this response tothe Defendant's M otion to Dismiss Action for Failure to Appear at Depositions pursuant to

Federal Rulets) of Civil Procedure 300944) and 45(b)(c)(d) andtg ,and sutes as follows:

l . On December 06, 201 1 the Defendants filed a M otion to Dismiss Action for Faillzre to

Appear at Deposition (Document #78).

2. The M ovant acknowledges that the Defendrmt's cotmsel attempted to schedule

depositions on the following occasions; October 10, 2011, November 1 1, 2011, and

December 5, 201 1 (Composite Exhibit 1 to Defendants motion).

3. The M ovant further acu owledges that he tmderstands the importance of said depositionsfor the public's interest in expeditious resolution of litigation, the court's need to manageits dockets.

4. It is ms a result of this tmderstanding that the Movant made every attempt to communicate

via emails between the M ovant and the Defendant's counsel as to his inability to make

attend the depositions due to llis documented and court docketed illnesses (SeeComposite Exhibit 1 to this motion).

Furthermore, as evident in the back and forth email correspondences, the Defendant's

cotmsel made no request for current medical docllments to justify the Movant's assertionthat he was unable to attenda which the M ovant would have been glad to provide

, suchthat said docllmentation would result in either a rescheduling of the M ovant's depositionto a time that he was physically able to appear for his deposition, or such that other

Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 of 43

arrangements for deposing the Movant could be reasonably made ie) via telephone orclose circuit television (See Composite Exhibit 1 to this motion).

6. lt is not clear as to why the Defendant's cotmsel would question the M ovant's health ashe was originally released from the Defendant's Halfway House to home confmement

due to several medical conditions, namely being diar osed with Hepatitis C infection,

Cirrhosis of the liver, diabetes, chronic fatigue, depression, thrombocytopenia, ascites,low platelet cotmt, an possible liver cancer indicated by elevated alpha-fetoprotein levels

shown in blood test and Mltl results (See original Movant's Complaint Exhibit A).

7. Given the fact that the only subsequent changes to the Movant's health condition has

been ones in which his health has further deteriorated, and that the M ovant believed ingood faith that the Defendant's and their counsel were aware of these circllmstnces, and

furthermore that Defendant's cotmsel did not request any updated medical records from

the M ovant indicating a change in his current medical condition, he did not providefttrther proof of his conditions as it was not requested or walvanted under thecirctlmstances.

8. The Defendant's counsel in his motion asserts that because the M ovant was able to

appear at mediation, prepared llis M otion for Sllmmary Judgment, Statement of Facts,and Revised Statements of Facts, the Movant should have been able to make it to the

scheduled depositions; however this assertion does not take into consideration that for thefor the last seven months, the Ascites the M ovant has been battling has caused his

physicians to give him a 50/50 chance of surviving his scheduled surgery, which has been

rescheduled due to his exacerbated medical condition, and the fact that he has used whatlittle remaining energy he had remaining to prepare his motions and court docllments.

(See Composite Exhibit 2 to this motion).

9. Federal Rulets) of Civil Procedure 30(b)(4) deals with the administration of a depositionwhen a party is physically tmable to attend a scheduled deposition it provides additional

avenues for obtaining the information that achieves both the Defendant's need forinformation in regards to the discovery and the M ovant's physical ability to comply:

ttBy Remote Means. The parties may stipulate--or the court may on motionorder- that a deposition be taken by telephone or other remote means. For the

purpose of this rule and Rules 28(a), 37(a) (2), and 37(b) (1), the deposition takesplace where the deponent answers the questions.''

10. n is however would have required a court order, which the Defendant's counsel was

unwilling to acquire. Subdivision (b) (4.). ln order to facilitate less expensive procedures,provision is made for the recording of testimony by other than stenon phic means- e.g.,by mechanical, electronic, or photographic means. Because these methods give rise to

problems of accuracy and trustworthiness, the party taking the deposition is required to

apply for a court order. The order is to specify how the testimony is to be recorded,preservedo and filed, and it may contain whatever additional safeguards the court deems

necessary. W hich leads the M ovant to question whether the Defendant truly questionedthe M ovant's health condition, or whether this was simply a subversive tactic to avoid the


court addressing M ovant's Petition for Sllmmary Judgment as they were fearful ofstrength of the M ovant's case.

l 1. Rule 37(d) authorizes the district court to require an attorney ''to pay the reasonableexpenses, including attomeys' fees, caused by the failure'' of its client to appear at adeposition, ''unless the court finds that the fmltlre was substlmtiallyjustified or that othercircumstances make an award of expenses tmjust'' Under Rule 3709(2), which has thesame language as Rule 37(d), the burden of showing substantialjustitkation and specialcircumstances is on the party being sanctioned. FalstaF Brewing Corp. v. M iller Brewing

Co., 702 F.2d 770, 784 (9th Cir.1983). We thus apply the same bttrden of proof for Rule37(d). Since, Movant is the one here in the case facing sanctions, the bttrden of proof forproving that substantialjustitkation for sanctions falls on the Defendants and theircotmsel, and althoujh the Defendant's cotmsel has proven himself to be an expert in thearea of law, his abihty to make material statements of facts towards the M ovant's medicalcondition and ability to make it to depositions is in question.

12. The courts have also fotmd in Hyde & Drath v. Kenneth R. Baker that:tçW e cannot conclude that each of the appellant corporations was substantially

justified in failinj to attend the depositions. Only K'ung's failure to appear wassubstantially justlfied. Although we have declined to reach the merits of theargument that K'unjwas excused from attending the depositions for healthreasons, we do declde that K'tmg had, at the least, a good faith dispute concerning

the question of whether he was obligated to aypear in light of his serious illness.He was therefore substantially justitied in faillng to appear at the deposition. ld.(1n fact he subsequently died of brain cancer). However, as discussed above, noneof the other corporations have a good faith dispute concem ing their failures to

appear. Except for K'tmg, Hyde & Drath has failed to show that its clients were

substantially justitied in violating the court's discovery orders. (Hyde and Drath v.Kenneth R. Baker, et al (24 F.3d 1 162:.''

13. If the Defendant's counsel was truly convinced that the M ovant was avoiding theirrequest for discovery via deposition, they could have exercised their rights under Federal

Rule of Civil Procedure 45(b)(c)(d) andtg and filed a Subpoena for Deposition, in whichthe court would issue a Command to Attend a Deposition. This would be done in an

effort to (c)(1) Avoiding Undue Burden or Expense: Sanctions. A party or attorneyresponsible for issuing and serving a subpoena must take reasonable steps to avoid

imposing tmdue burden or expense on a person subject to the subpoena. The issuing courtmust enforce this duty and impose an appropriate sanction- which may include lost

earnings and reasonable attomey's fees--on a party or attorney who fails to comply. Infollowing the rules of civil procedure, the court would issue and order for contempt in

which the issuing court may hold in contempt a person who, having been served, fails

without adequate excuse to obey the subpoena.

14. Given the fact that Defendant's cotmsel knows that they would not have met the burdenof proof requiring the court to issue a subpoena for the M ovant to appear in light of the

critical nature of his health condition, they chose instead to circumvent this process, and

3


use other avenues of acllieving this means to their ends, thus robbing the court of itspower to compel compliance with the rtzles of civil procedure.

15. A district court has wide discretion to establish the time and place of depositions. ln re

Standard Metals Corp., 817 F.2d 625, 628 (101 Cir.1987), cert. dismissed, 488 U.S. 881,109 S.Ctd. 201, 102 L.Ed.2d 171 (1988). Here, the special master explained that it wasnecessary for the Hong Kong depositions to Gke place in San Francisco so that the court

could oversee the proceedings since appellants had disregarded the previous deposition

order. He also noted that appellants had done business and filed suit in the NorthernDistrict of California and should therefore expect to have to appear there. These facts aresum cient to establish that there was no abuse of discretion in ordering the depositions to

occur in San Francisco.

16. Before a district court dismisses a complaint, it must weigh the five factors prescribed in

Wanderer v. Johnston, 9l0 F.2d 652, 656 (9th Cir. 1990). n en, the distlict court mustfind that a party's behavior in igoring the depositions demonstrated willllness, badfaith, or fault. Fjelstad v. Amencan Honda Motor Co., 762 F.2d 1334, 1341 (9thCir.1985).

17. Finally, the fifth factor requires the district court to consider alternate, less severe,

sanctions before ordering dismissal. To determine whether the distict court fultilled this

obligation, the reviewing court examines whether the court (1) explicitly discussed thefeasibility of less drastic sanctions and explained why alternative sanctions would be

inappropriate, (2) implemented altemative sanctions before ordering dismissal, and (3)warned the party of the possibility of dismissal before acttzally ordering it. Adriana, 913F.2d at 1412-13. But, ''explicit discussion of alternatives is Ilnnecessary if the districtcourt acmally tries altematives before employing the ultimate sanction of dismissal.''

M alone, 833 F.2d at 132.

W HERFORE given the fact that Defendant's counsel is tmable to esublish malicious intent,bad faith, or fault in the Movant's failure to appear and because the Defendant's cotmsel

refuses to exercise the legally available options at their disposal to approach the court tocompel the M ovant to comply, the M ovant respectfully requests that Defendant's M otion be

denied.

Dated: December 20, 2011 Respectfully subrnitted,

> '/ W > pq

TRAIAN BUJDUVEANU, PRO SE

4


CERTIFICATE OF SERVICE

1 hereby certify that on or about DECEM BER 20, 201 1 a tnze and correct copy of the

foregoing document was served upon the following via the United States Postal

Service, Fh'st Class M ail:

Dismas Charities, Inc.,

141 N.W . 1 St Avenue

Dania, FL 33004-2835

Ana Gispert

Dism as Charities,lnc.

141 N.W . 1 St. Avenue

Dania, FL 33004-2835

Derek Thom as

Dismas Charities,lnc.


Dania, FL 33004-2835

Lashanda AdamsDismas Charities,lnc.


Dania ,FL 33004-2835

David S. Chaiet,EsquireAttorney for Defendants

4000 Hollywood BoulevardSuite 265-SouthHollywood, FL 33021

EXECUTED ON THIS 20 DAY OF DECEMBER, 2011

w '

zr///z/ Z d21*TRAIAN BUJDUVEANU, PR0 SE5601 W . BROW ARD BLVD,,

PLANTATION, FL 33317


A

EXHIBIT 1


Windows Lije Hotmail Print Message* .

RE: RE:

14/12/2011 22:01

David Chaiet ([email protected])

Tue 11/29/11 2:31 PM

Traian Bujduveanu ([email protected])4 attachments

Here you go. See you M onday.

From: Traian Bujduveanu (mailto:[email protected])Sent: Tuesday, November 29, 2011 2:14 PM

To: David Chaiet

Subject: RE:

Dear Mr. Chaiet,

Thank you for your email.

lt very much appears to me as you are the one qualified to make medical as well as court decisions in this

Case.

As you have catœ orically refused to participate in the discovery process and more than that you have totally

ignored the third request for discovery, I suggest that you wait first for a court answer and decision on alI

pending motions.

Best Regards

Traian Bujduveanu

From: Dchaietaeisinqerlaw.com

To: orionav@ msn.com

Subjed:Date: Tue, 29 Nov 2011 19:05:29 +0000

Sir,


Windows Lije Hotmail Print Message 14/12/2011 22:01

As you are well enough to 5le motions, prepare declarations and attempt to argue a hearing (1 assume youread court's order striking your notice of hearing), I will see you Monday for your deposition.

David Chaiet Esquire

Eisinger, Brown, Lewis, Frankel & Chaiet, P.A.

Presidential Circle * Suite 265-5

4000 Hollywood Boulevard

Hollywood, Florida 33021

p: (954) 894-3043

f: (954) [email protected]

wwwaeisinqerlaw.com

Confidentialitv and Privacv Notice: The information contained in this communication, including information contained in any

attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended onlyfor the use of the addressee. It is the property of Eisinger

, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or

copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication

in error, please notify us immediately by return e-mail or by e-mail to receotiona eisinaerlaw.com, and destroy this communication

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you are advised that this Law Firm is a debt collector attempting to collect a debt, and any information obtained may be used for that

purpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you

that any written advice relating to Federal tax issues contained in this communication, including in any attachments, was not

intended nor wriden to be used, and cannot be used, by any person for the purpose of (1) avoiding tax penalties that may be

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Dism as

14/ 12/2011 22:00

David Chaiet ([email protected])Wed 11/30/11 2:36 PM

Traian Bujduveanu (orionav@msnxcom)

Please confirm w hether you will be appearing for you deposition on M onday.

Thank you

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.




p: (954) 894-3043

f: (954) 894-8015dchaiet@ eisingerlaw.com*

wwwaeisingerlaw.com


attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended onlyfor the use of the addressee. It is the property of Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or

copying of this communication or any pad thereof is strictly prohibited and may be unlawful. lf you have received this communication

in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communicationand aII copies thereof, including aII attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Practices Act

,




intended nor written to be used, and cannot be used, by any person for the purpose of (1) avoiding tax penalties that may be

imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transadionts) or

matterts) addressed by the written advice contained in this communication, including in any attachment.

P Please consider the environment before printing this e-mail.


Windows Liye Hotmail Print Message

76

14/12/2011 21:59


Thu 12/01/11 11:08 AM

David Chaiet ([email protected]); Traian Bujduveanu ([email protected])1 a/achment

Please confirm that you will be attending your deposition on M onday.

Please see attached.

Thank You

David


Windows Liye Hotmail Print Messageè .

(No Subject)

14/12/2011 21:59


Thu 12/01/11 1:56 PM

Traian Bujduveanu ([email protected])

lf you would like to start your depo earlier in the day, please let m e know.

1 can start anytime after 1030 pm .


Presidential Circle . Suite 265-5



p: (954) 894-3043

f: (954) 894-8015dchaiet@ eisingerlaw.com*

www.eisingerlaw.com


attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended onlyfor the use of the addressee. It is the propedy of Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or


in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communicationand alI copies thereof, including aIl attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Ad

,

you are advised that this Law Firm is a debt collector attempting to collect a debtj and any information obtained may be used for that





matteqs) addressed by the written advice contained in this communication, including in any attachment.

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F#?:

14/12/2011 21:58

David Chaiet ([email protected])Thu 12/01/11 6:55 PM


From : David Chaiet

Sent: Thursday, December 01, 2011 1:56 PM

To: 'Traian Bujduveanu'

Subje :

lf you would Iike to start your depo earlier in the day, please Iet me know.

I can start anytime after 1030 pm .





p: (954) 894-3043

f : (954) 894-8015dchaietleisinnerlaw.com*

www.eisingerlaw.com


attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended only

for the use of the addressee. It is the property of Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or

copying of this communication or any pad thereof is strictly prohibited and may be unlawful. If you have received this communication

in error, please notify us immediately by return e-mail or by e-mail to [email protected] and destroy this communication1and aII copies thereof, including all attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act

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purpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the lRS under Circular 230, we inform you



Windows Liye Hotmail Print Message* zj


imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transadionts) or



14/ 12/201 1 2 1:58Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 of 43


(No Subject)

l4/ 12/2011 21:58


Fri 12/02/11 2:29 PM

Traian Bujduveanu ([email protected])1 attachment

Sir

I have not received confirmation back from you regarding your attendance at the deposition.

Accordingly, I assume that I will see you at the date, time and place of the deposition notice attached.

Have a good weekend.

l trust that I will see you M onday.

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P,A.




p: (954) 894-3043

f: (954) [email protected] *

www.eisingerlaw.com


attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended onlyfor the use of the addressee. It is the propedy of Eisinger

, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or

copying of this communication or any part thereof is strictly prohibited and may be unlawful. lf you have received this communication

in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication

and aII copies thereof, including aII attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Practices Act,







imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transadionls) or



14/ 12/2011 21:58Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 of 43


RE:

14/ 12/2011 2 1:56

Traian Bujduveanu ([email protected])Sun 12/04/11 10:24 PM


Dear M r. Chaiet,

Thank you again for your email.

Please be kind and understand that I wish to be as helpful as possible.

However I cannot attend your deposition set by you, due to the inconvenience of being very sick.

W e need to reschedule the deposition during a tim e that I w ill be in good health and l have a clear mind,

as stress can cause my m ind to go completely blank, or even to misremem ber things which could dam age

your cause.

Once again, I believe the Iogic thing here will be to schedule the deposition after the Court will answer aII

pending motions, and also after my surgery.

Best Regards

Traian Bujduveanu

From: [email protected]: [email protected]:Date: Fri, 2 Dec 2011 19:29:41 +0000

Sir

I have not received confirm ation back from you regarding your attendance at the deposition.

Accordingly, I assume that I will see you at the date, time and place of the deposition notice attached.


I trust that j will see you M onday.








p: (954) 894-3043

f: (954) 894-8015dchaietaeisinaerlaw.com*

www.eisingerlaw.com

14/12/2011 21:56




in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication

and aII copies thereof, including aII attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act,


purpose, Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you



imposed under the lnternal Revenue Code or (2) promoting, marketing or recommending to another party any transactionts) or

matterts) addressed by the written advice contained in this communication, including in any attachment.P Please consider the environment before printing this e-m ail

.


Windows Livr Hotmail Print Message

e * *

14/12/2011 21:57


Mon 12/05/11 8:20 AM


I cannot agree,

On DK 4, 2011, at 10:25 PM, Traian Bujduveanu <orionavlmsn.coml wrote:

Dear M r. Chaiet,

Thank you again for your email.

Please be kind and understand that I wish to be as helpful as possible.

However l cannot attend your deposition set by you, due to the inconvenience of being verysick.

W e need to reschedule the deposition during a time that I will be in good health and I have

a clear m ind, as stress can cause my m ind to go com pletely blank, or even to m isremem ber

things which could damage your cause.

Once again, I believe the Iogic thing here will be to schedule the deposition after the Court

will answer aII pending motions, and also after my surgery.

Best Regards

Traian Bujduveanu

From : [email protected]: orionav@ msn.com

Subjed:Date: Fri, 2 Dec 2011 19:29:41 +0000

Sir

I have not received confirm ation back from you regarding your attendance at the

deposition.

Accordingly, l assum e that I will see you at the date, time and place of the deposition notice

attached.



Windows Liye Hotmail Print Message 14/ 12/2011 2 1257

I trust that I will see you M onday.





p: (954) 894-3043

f: (954) 894-8015dchaietleisingerlaw.com'

www.eisingerlaw.com

*please note that our f/rn? name has changed.

Confidentialitv and Privacv Notice: The information contained in this communication, including information

contained in any attachments, is confidential, may be subject to the attorney-client privilege, may constitute insideinformation, and is intended only for the use of the addressee. lt is the propedy of Eisinger, Brown, Lewis, Frankel

& Chaiet, P.A. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly

prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by

return e-mail or by e-mail to [email protected], and destroy this communication and aII copies thereof,including aII attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Practices Act

, you areadvised that this Law Firm is a debt collector attempting to colled a debt, and any information obtained may be

used for that purpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under

Circular 230, we inform you that any written advice relating to Federal tax issues contained in this communication,

including in any attachments, was not intended nor written to be used, and cannot be used, by any person for the

purpose of (1) avoiding tax penalties that may be imposed under the Internal Revenue Code or (2) promoting,

marketing or recommending to another pady any transactionls) or matterts) addressed by the written advice

contained in this communication, including in any attachment.

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Windows Live Hotmail Print Message

M otion for Sum m ary Judgm ent

14/12/2011 21:56


Tue 11/29/11 3:20 PM


Re: Motion for Summary Judgment,

Dear Mr. Chaiet,

1 believe this is what you wanted me to do from the inception of this case.

The other way around, of course, you would have had to reveal many unpleasant criminal ads committed bythe defendants, and that could have Iead into a criminal investigation by the Department of Justice

.

Again, 1 do not blame you for prottvfing the Defendants because this is your job and you are also paid a îot ofmoney by their insurance company.

With my limited financial resources, I could not have a fair fight, but Iife is not fair aII the time.

Just make sure that the Justice Department do not come aRer them, because they have really got away a few

times with criminal ads.

Best Regards

Traian Bujduveanu



RE: Notice of M otion for Sum m aG Judgm ent

14/12/2011 22:03


Mon 11/21/11 1:49 PMTraian Bujduveanu (orionav@msnxcom)

I am not here to educate you on the rules. However, you are not entirely correct.

The Court does not have your motion on its books.

You cannot sim ply set one, especially without coordinating it with our office.

If you are well enough to draft, file and set a motion for summary judgment, then you should be able toattend a deposition.

M y office will be re-setting your deposition.

David

From: Traian Bujduveanu (mailto:[email protected])Sent: Monday, November 21, 2011 1:45 PM

To: David Chaiet

Subje : RE: Notice of Motion for Summary Judgment

Dear Mr. Chaiet,

This is a Notice of lntent to file a Motion for Summary Judgment.

As I understand, a notice must be given to alI opposing parties,zl days in advance.

Best Regards,

Traian Bujduveanu



(No Subject)

14/ 12/2011 22:02


Tue 11/29/11 2:05 PM


Sir,

As you are well enough to file motions, prepare declarations and attempt to argue a hearing (1 assumeyou read court's order striking your notice of hearing), I will see you Monday for your deposition.






p: (954) 894-3043

f: (954) [email protected]*

www.eisingerlaw.com


attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended onlyfor the use of the addressee. lt is the property of Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or


in error, pîease notify us immedkately by return e-mail or by e-mail to [email protected], and destroy this communicationand aII copies thereof, including aII attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act

,





imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another pady any transactionts) or


P Please consider the environment before printing this e-m ail.



RE:

14/12/2011 22:02


Tue 11/29/11 2: 13 PM


Dear Mr. Chaiet,


It very much appears to me as you are the one qualified to make medical as well as court decisions in this

Case.

As you have categorically refused to participate in the discovery process and more than that you have totally

ignored the third request for discovery, l suggest that you wait first for a couo answer and decision on aII

pending motions.

Best Regards

Traian Bujduveanu

From: [email protected]: [email protected]:Date: Tue, 29 Nov 2011 19:05:29 +0000

Sir,

As you are well enough to file motions, prepare declarations and attempt to argue a hearing (1 assumeyou read court's order striking your notice of hearing), I will see you Monday for your deposition.






p: (954) 894-3043

f: (954) 894-8015dchaietleisinqerlaw.com'

www.eisingerlaw,com


attachments, is confidential, may be subject to the attorney-client privilege, may constitute inside information, and is intended onlyfor the use of the addressee. It is the property of Eisinger, Brown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure or




in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communicationand a1I copies thereof, including a1I attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act,





imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transactionts) or

matteqs) addressed by the written advice contained in this communication, including in any attachment.


14/ 12/2011 22:02Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 of 43


RE: RE:

14/12/2011 22:01

David Chaiet (Dchaiet@eisingerlawacom)Tue 11/29/11 2:26 PM


I trust I will see you M onday.

W e have reset deposition for you twice.

From: Traian Bujduveanu (mailto:[email protected]: Tuesday, November 29, 2011 2:14 PM

To: David Chaiet

Subject: RE:

Dear Mr. Chaiet,


It very much appears to me as you are the one qualified to make medical as well as court decisions in this

Case,

As you have categorically refused to participate in the discovery process and more than that you have totally

ignored the third request for discovery, I suggest that you wait first for a court answer and decision on aI1

pending motions.

Best Regards

Traian Bujduveanu

From: [email protected]

To: orionav@ msn.com



Subjed:Date: Tue, 29 Nov 2011 19:05:29 +0000

Sir,

14/12/2011 22:01

As you are well enough to file motions, prepare declarations and attempt to argue a hearing (1 assume youread court's order striking your notice of hearing), I will see you Monday for your deposition.






p: (954) 894-3043

f: (954) 894-8015dchaietaeisingerlawacom*

www.eisinqerlaw.com




in error, please notify us immediately by return e-mail or by e-mail to recentiona eisinnerlaw.com, and destroy this communication

and aII copies thereof, including aII attachments, Debt Collection Disclosure: Purstlant to the Fair Debt Collection Pradices Act,









Nova Soldheastern UnivemityCollege of Osto pathie M ediele

3200 S Univen ity Drive(i'to LaudeM alea Fl 333:8

(954)262-4371

Patient Nsme:

D.O. B.:

Encotmter #:M R#:

Physicimr.

Date of Service:Exxm ination;Indication:

Bujduveanu, Traian12-11-54

173141626

Hilt DO, Gary6-21-11LEFT NVGU DVAL ULTRASOUNDPin

M uldple cuts were obtained. n e exztminadon reveals a large m'O of fluid collection th+ is

originadng &om G e abdom en extending dowmvrd to the scrotum. Tlle Gnding shyuld be

clinically correlated with a ites exlanaing doxmward into a leh side hlguinal h'ernem that extcnds

into 1he scrqtum . In addition to this. thc e are sm all bilatcal hyœ oceles. Tbe right lesticle

measures 3.4 x 2.2œ . The leA tee cle m eas'ulw 3.1 x 2.1= . W ere ls slil t prominence of thetleR epididyrrtis lhat measu= 1.7cm. Nothmg else is note .

IMPRESSION:n ere is a large quid collm tion that extends irlto tl)e scrotum and the fmdingg should be

cliniY ly cotw lated w ith ascites &om 1he aM om en extending tbrougbout a lvft inguinal bennim

Clinical convlaEon to this observation. Peràaps a CT scan exnminntion of t.he w lds extending

downwad into the scrotal ama is recommeùded for further evaluation.%

1!

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NSU Davie Internal Medicine

3200 S University Drive

Davie, FL. 33328-2018

Phone :(954)262-4100Fax :(954)262-3285

PAT i E N T:

DATE 0F Bl RTH:

DATE:VI S 6 -F I-YP E:

Traian Bujduveanu12/1 1/1954

09/28/201 1 10:30 AM

O ffice Visit

Sh ittf Cotnplaint/Reason for visit:l'his 513 year old male presents with check-up.

Fis-to- 1.$, offresent Illness1 . C h (3 c k - U p

56 y/ta Romanian male with a histofy of Hepatitis C complications and Diabetes Type 2 presents here as a follow-

t1p b'isit frum 3 months ago. He has not had any hospital admissions or ER visits He had a CT scan of theabeorylen done which showed Massive Acities suggestive of cirrosis as well as splenomegaly

. His only complaintis a mornillg fatigue that seems to alleviate throughout the day that has been ongoing for about the past 5 motnthsF!e ilas no fever or chills', there is no nausea

,vomiting, or diarreah. There have been no episodes of shortness ofbreath or dyspnea.

FIOPI Recotded by: Gary Hill DO

lluiduveanu, Traian DOB: 12/1 1/1954 Page: l/4


EXHIBIT 2


RADIOLO9Y CONSULTANTSDIAGNOSTIC RADIOLOGY-COMPUTERIZED TOMOGRAPHY

AcR AGCREDITEP MAMOGRAPHY*UVTRASOUND*MRI210 SOUTH FEDERAL HIGHWAY * SECONP FLOOR * HOLLYWOOD, FLORIDA 33020TE

L (954/.927-1776*FM (954)-927-0069

Vladimir Grnja, M.D., Board Certified Radiologist

Patient Name:

Referring Physician'.TRAIAN BUJDUVEANU

DR. GARY R HILLAccount #:

Date of Birth:

Date of Service:

170321

12/11/195406/13/201 1

CT SCAN OF THE ABDOMEN:

TECHNIQUE: CT of the abdomen was performed using 16 detedor CT technology with 5 m m.

spacing' after oral contrast.

FINDINGS: Tàere ismassive ascites noted surroundinj the liver ans spleen. The liver is notenlarged. lt appears to show lobulatej surface, which ls compatible wlth diagnosis ofcirrhosis. The spleen is enlarged. The adrenals are unremarkable. The kidneys demonstrate

jood codical thickness. No renal masses. No hydronephrosis. No kidney stones. The aortaIs calcised and no aneulsm. No para-aortic adenopathy. No bowel distention.

IMPRESSION:MASSIVE ASCITES. RELATIVELY SMALL LOBULATED SURFACE O F THE LIVERSUGGESTIVE OF CIRRHOSIS. MILD SPLENOMEGALY.

# .. .' > .

VLADIM IR GRNJA, M .D.

VG/rg6/13/201 1 1:22:20 PM


US RETRO PERITONEUM

* Final Report *

G REEN, W ILLIAM L - 694709

Result Npe:Result date:Result status'.Result ttle:Pedormed by!Encounter info:

Us RETROPERITONEUMJuly 0 ,7 201 1 9:31 AM

Auth (Verified)us RETROPERITONEUMTULRAM-PERSAU ,D DEVI œ July 0 ,7 m 11 9:31 AM r213081624, NBMC, OP, 7/7/m 11 - 7/9/2011

* Final Repod *

Reason For ExamURINARY INCONTINENCE NOS

READULTRASOUND OF THE RETROPERITONEUM :

CLINICAL HISTORY: Urinary incontinence.

Renal ultrasound.

Right kidney m easures 9.6 x 4 cm . The left one m easures 9.4 x 5.6 cm . No hydronephrosis.

No space-occupying lesion susqected in the kidneys. No renal calcifications. Slight increasedechogenicity of the renal cortex In the Ieft kidney, could be related to nephrosclerosis.

Ultrasound of the bladder.

Prevoid bladder measures 9.6 x 8.7 x 8 cm with a total volume of 353 m L. Minim al residual

urine after voiding. Residual of 9 mL.

Normal size prostate gland. No bladder masses or calcifications.

IMPRESSION:

W E SUSPECT LEFT NEPHROSCLEROSIS. NO HYDRONEPHROSIS ORSPACE-OCCUPYING LESIONS IN THE KIDNEYS.

Printed by: M HALSKY MD. MICHAELPrinted on: 7/20Q011 1:03 PM

Page 1 of 2

(Continued)


US RETROPERITONEUM

* Final Report *

GREEN, W ILLIAM L - 694709

NO RESIDUAL IN THE BLADDER AFTER VOIDING. NORMAL SIZE FOR PROSTATEGLAND.

Signature Line

MUHLETALER MD, CARLOS A

(Electronic Signature)Tech: TULRAM-PERSAUD, DEVI

Trans: KN

Trans D/T: 07.07.11 3:53 pmSigned: 07.08.2011 11:52 am******Fj NAL*** ***

Com pleted Action List:* Order by VILLICANA MD, PATRICK on July O7, 2011 8:56 AM* Perform by TULRXM-PERSAUD, DEVI on July O7, 2011 9:31 NM* VERIFY by MUHLETALER MD, CARLOS A on July O8, 2011 11:52 AM

printed by: ZAHALSKY MD MICHAEUerinted on: r20Q011 1:03 ;M Page 2 of 2(End of Repol'tl


Npva Southeastenl UnivemityCollege of Oxt- pathic M edieine

3200 S Univen ity m iveFt- Laudee aleo Fl 333%

(95.4)262-4371

Patient Nsme:

D.O- B.:Encounter #:M R#:

Phys-ician:Date of Service:Exnm ination:

lndication:

Bujdw canu, Traian12-1 1-54

173141626

Hill DO, Gary6-21-11LEFT MqGUEQAL ULTRASOUNDPin

Muldple cuts were oY ned. The exnm ination reveals a large ar> of fluid collœ tion thal is

originadng from G e abdemen extending dowm- d to the scrotxm . '1-lm fnding sM uld beclinically correlale with a ites exleM ing dowmward into a 1% side ixlguinal hem x'n that extends

into 1he scromm . In addtion to tllis. there are small bilnttvnl hydroceles. n e rigllt testicleme% ures 3.4 x 2.2cm . The lelY testiclç m easu= 3.1 x 2.1= . There is slil t pmml-nence of thetleû epididymis that measuM 1.7cm. Notlung else is note .

N PRESSION:n ere is a Iarge fluid collection that extends into tbe scrotum and the fmdings should be

clinically correlated with asdte,s &om 1he aM omc'n extending threugY ut a left inguinal hmnim

Clinical convlation to th1 observation. Perhaps a CT scan exnm inntion of te w lvis extending

downward into the scroul area is recommended for furtheT evaluation.

N

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NSU Davie Internal M edicine

:3200 S University Drive

Davie,Ft.. 33328-2018

Phone :(954)262-4100Fax :(954)262-3285

p'ATl E I'kT:

DATE O F Bl RTH :

DAT E 2

VI S I-r I-'/PE:

Traian Bujduveanu12/11/1954

09/28/201 1 10:30 AMOffice Visit

Shittf çolzzplaint/Reason for visit:-1 his 5: yeal old male presents with check-up.

Historv otfg-tresent lllness1 . C 13 ac k-tl 1:)

56 y/t3 fyolnanian male with a history of Hepatitis C complications and Diabetes Type 2 presents here as a follow-tlr; visit frual 3 m onths ago. He has not had any hospital admissions or ER visits He had a CT scan of theabdomer' done which showed Massive Acities suggestive of cirrosis as well as splenomegaly. His only complaintis a mornillg fatigue that seems to alleviate throughout the day that has been ongoing for about the past 5 molnths.i'te ilas no fever or chills', there is no nausea,vomiting, or diarreah. There have been no episodes of shortness ofbreath or dyspnea.

FIOP I Recor ded by: Gary Hill DO

ilujduveanu, Traian DOB: 12/1 1/1954 Page: l/4


ZUROLOGYMl> Am p. ZAHALSKY, M.D.

DEA # BZ 8714710PATRIJK VILLICAG M.D.

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BROWARD MEDICAL CENTER OF DAVIE. INC.STACY H. KATA D.0.LlC. # OS 0* 295 (FL)

DR. KISHOR D. SH ,FrH M.D.L1C. # MEKD (FL)

LINDA BARRERAS, K ..N P , .B.C.LIC. # ARNPI> M1330 RIVERLAND ROAD

FORT LAUDERDALE. FL 33312-2961(954) 321-9826 TEL., (954) 321-96* FAX

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LINDA BARRERAS .. F .N P., .B.C.LIc. # ARNPI> KZ1330 RIVERLAND ROAD

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DHIRAI PATEL, M.D.10011 PINES BOULEVARD. SUITE 106PEMBROKE PINFS, FL 33024 (954) 43&mqM F:*198633109 STIRLING ROAD, SUITE 106Fr. LAUDERDALE, FL 33312 (954) W*4112 F:962-4779

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( Av a vi e . I'''L- l - 33328-20 1 8

f J k) o l ) t2) . t' f). 54 )262-4 1 00j -- s x ( t; al - , r ) ') a!r .' 6 2 - 3 2 8 5h : z

REFERRAL O RD ER

-1 't a i r.l fl 1:3 t1j d l.1 vea n uC;- tif.èi 1 kt' B t'owa rd Blvd81 Ia n tati o 1) ) i2 L 333170000

t,lr,.?t-) ï' flrt tt; : Decem ber 12, 201 1

DO B: 1 2/1 1/1954

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t,: t:i t,' $ 9 0.*t; rn i I :1 tt) f-:.t I o k- tl nspec if ied -1 ng u -1 na I hern ia with out(9 i l i af ASS Jasm ents at Tim e of Order:

(.-u- ajlnfxl'its : Pre-operative evaluation for inguinal surgery

> m j

Gary Hill DO License #:OS 8373 NPI : 134627) /.23 )

t.'- : x ' yx j j t.3 n alt,t 1** .


A L V o I D W H E N C D P I E DA N T I . F O R G E R Y S H E E T S R E V E

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NSU Davie Internal Medicine

3200 S University Drive

Davie, FL 33328-2018

Phone : (954)262-4100Fax : (954)262-3285

REFERRAL ORDER

' ' (t7. t'*. ' ;F;z k : ' '' ï 1 ') 0 it'l 1 '-) lr'.(.)tR :' : '$ ''7 ë ; '1 L) () () ' L- ; qi') J'. . '- ' t ' f ) ' '-:4 ) ' ; - t (i R QLl ''* tr à'? k 1 i S'; 2 (' - lt'7? :1t?.:.:.:Ji' G :.5 .'.:? '$ ' â O .t') '') 1 '''': iil CqLtLz. k;z 1 1 '* ( - r : ' ; p f 7 iq:; *...7.1.70'7 ') '' '! !o' . F'i ' 'à ': ;' 'A 1z; 'CE.q ;; '; 7 '' ' . ' ' ' ' (. s . . x .. u : $

Name : Traian Bujduveanu DOB: 12/11/19545601 W . Broward BlvdFod Lauderdale, FL 333170000

Order Date : July 28. 2011

General Surgery.

Dx Code: 550.90.

Dx Description : Unilateral or unspecified inguinal hernia, without

' ) 4 r - t#, ' ! !' : : . J ' ' '' > r x ' . : ' . t': L è ( ) ri : ); J.' ( ' t rt) q > ' - .' ) y(! '.* . â uj .''j : . ' '1 C'. é 's' '.'Uthér Asée èilèiit/àt Tilè of bidér: '

Com m ents: left inguinal hernia

= > = j

Gary Hill DO License #:OS 8373 NPI : 1346277423Signature :

OBS0621110001

IERA S E R -P R O O F

OBS110621000'

* S P E C I A L B L U E P A N T O G R A P H P R I N T E D P A P E R '


DK 14 1 1 05:050 Lob-ide Solutions V 3 983 1824

Nlva Soutk-e- UnivereCollege of ost- ao le M e ie e

r O S Un'wenity DriveFL u udeu aK Fl 33328

(954/624173

Patio t N a e:D.O- a - 2Encolm tel #;

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Bujduveanm Ttaie12-1 1-5426825936624Hi2 DO Gary1z-13-1iO STTW OVIEWSPREOP

IM PU SSION!Normal ce x-ray exnmlnation.

R!wl by: f-'- on . ez. Jr. M .D.D: 1W 13./11T: 12/13/11

nis x'pmt wa-ee-l-etysi-+r-e- Mande, JK.,M.D. # l,/v/v


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Florida Php ician Service's

o.o = oz.ez zwtr.p oxs/evczm /e

FER N A N D O E. BAY RO N , M D . P.ADiploiate, American Board of SttrgeryGeneral, Breast & Bariatric Surgefy

Belmett M edical Plnzm201 N W 820d Avenue

, Suite 405

Plantation, Florida 33324

Todays oate: z' - C''''CJ J

xame: z c- , o.zn L , ' .e zvz'o t'.>y''. en g t'r o / ;Your surgery is scheduled o z

z . - ' .gN .0 .. z...w .At z'-- or, cz.,a zz 2svZ ?,,4. PHo= : z-b z 7..j u - y'/,7:77/

Phonc: 954-472-1322Fax: 954-472-1622

PLEASE Fotztzow THE IxsTRucTloNs cllEclom oFF BELO :

1 t / / TELL THEM vou NEED Tox .cALL: YouRpcp nmr /-

SCHEDULE M EDICAL CLEARANCE. l WILL Fu THE REQUIRED PM ERS.

X- THE HOSPITAL W ILL CONTACT YOU THE BUSINESS DAY BEFORE SUROERYTO GIVE YOU THE 77M E YOU ARE EXPECTED TO BE AT THE HOSPITAL.

IF YOU DO NOT HEAR FOR THE FACILITY PLEASE CONTACT THEM AT THENUM BER LISTED ABOVE.

X NOTHING TO EAT OR DRINK AFTER 12AM , THE NIGHT PRIOR TO SURGERY

X DISCONTINUE: ANY BLOOD THINNING MEDICATION: IBPROFEN, ASPIRIN,' PLAVJX W ARFAIUN , CUM ADIN, VITAM IN E, NAPROXEN FOR 5 DAYS

BEFORE SURGXRY.

x B NG R M AM RAM A ULT SOU FI M S

/ T OU HE D OF lIE OC:DU O OU L B/ c ELLED .

X IF PAIN MEDICATION IS NEEDED AFTER THE SURGERY W E W ILL CALL IN-

MEDICATION TO THE PHARMACY NUMBER WE HAVE V FILE.

.- .X- SOMEONE MUST DRW E YOU HOME FROM FACILITY.

'Pos'r OPERATIU APPOINTM IN oRy BAYRON'S oFFIcE:

V- 5- ZV % ' & 1 Z C.;IYOU ATW YNEED ,4 #fFF##.# 6 FOR YOUR PONT-OPAPPOIM M ENT. CHECK W/PCP

PLEYSE CALL ME IF YOU NEED TO RESCHEDULE OR IF 1 CAN BE OF ANYASSISTANCE TO YOU, O NDY 954-472-1322

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*** Tenet Florida Physician Services> . w

FERNANDO E. BAYRON, M D. P.ADiploiatç, American Board of SurgeryGeneral, Breast & Bariatric Surgery

Bennett Medical Plaza201 N W 82nd Avenue, Suite 405Plantation, Florida 33324

.

gTodays Date: d. O /

....w '

'szn / SY qzn t-pName: z'cuqvX .

'

<W rN // C & / /Your surgery is scheduled on O

A+r.'cZ'w .,2 7,,cZ?* :/ PHoNE: 9=- iz 7.3 J-- K'czo &At

Phone: 954-472-1322Fax: 954-472-1622

PLEASE Fotiow TkE INSTRUCTIONS cllEcu o oFF BELO :

1,mr /l' / / TELL THEM vouxEEo Tox CALL: YOUR PcPscusotu MEplcAk cL AIzANcE.I wILL FU THEREQUIRED PV ERS.

X- THE HOSPITAL W ILL CONTACT YOU THE BUSINESS DAY BEFORE SURGERYTO GIVE YOU THE TIM E YOU ARE EXPECTED TO BE AT THE HOSPITM .IF YOU DO NOT HEAR FOR THE FACIUTY PLEASE CONTACT THEM AT THE

NUMBER LISTED ABOVE.

X NOTHING TO EAT (Mt DRINK AFTER 12AM , THE M GHT PRIOR TO SURGERY

X- DISCONTIM JE: ANY BLOOD THINM NG X DICATION: IBPROFE ,N ASPIRIN,PLAVIX W ARFARIN, CUM ADW , VITAMIN E, NAPROXEN FOR 5 DAYS

BEFORE SURGXRY.

X B NG R M AM , RAM A ULT OU FI M S

T OU HE D OF HE OC#DU O OU L B. C ELLED

X IF PAIN M EDICATION IS NEEDED AFTER THE SURGERY W E W ILL CALL IN-

MEDICATION TO THE PHARMACY NUMBERWE HAVE V FILE.

X SOMEONE M UST DRW E YOU HOME FROM FACILITY.

*POST OPEM TW E APPOG T IN DR BAYRON'S OFFICE:J

,Z-Jt- ZT 4 . 3 CpYOU ATAFNIWD A REFERR4L FOR YOUR 'OUVFeO#XP#OJNFM FNF

. CHECK W/PCP

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Plaintiff's response to defendant's motion to dismeiss action for failure to appear at deposition

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Transcript of Plaintiff's response to defendant's motion to dismeiss action for failure to appear at deposition