CM/ECF - Live Database - flsd

27/03/2013 19:06

AMS,MEDIATION,REF_TRL

U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:11-cv-20120-AMS
Bujduveanu v. Ginspert et al Assigned to: Magistrate Judge Andrea M. Simonton Cause: 28:1346 Tort Claim Date Filed: 01/12/2011 Jury Demand: Defendant Nature of Suit: 380 Personal Property: Other Jurisdiction: Federal Question

Plaintiff Traian Bujduveanu represented by Traian Bujduveanu 5601 W Broward Blvd. Plantation, FL 33317 954-316-3828 PRO SE

V. Defendant Ana Ginspert TERMINATED: 03/15/2012 represented by David Scott Chaiet Eisinger, Brown, Lewis & Frankel, PA 4000 Hollywood Boulevard Suite 265-S Hollywood, FL 33021-6755 954-894-8000 Fax: 894-8015 Email: dchaiet@peplawyers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Dismas Charities, Inc. represented by David Scott Chaiet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Derek Thomas TERMINATED: 03/15/2012 represented by David Scott Chaiet (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Adams Leshota represented by David Scott Chaiet

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TERMINATED: 03/15/2012

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 01/12/2011

Docket Text

1 MOTION for Return of Property against Dismas Charities, Inc., Ana Ginspert. Filing fee $ 350.00 WAIVED, filed by Traian Bujduveanu. (Attachments: # 1 Appendix)(jc) Modified text on 1/25/2011 (jc). (Entered: 01/12/2011) 2 Judge Assignment RE: Electronic Complaint to Senior Judge William M. Hoeveler (jc) (Entered: 01/12/2011) 3 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19 for a ruling on all pre-trial, nondispositive matters and for a Report and Recommendation on any dispositive matters. (jc) (Entered: 01/12/2011) 4 CLERKS NOTICE REASSIGNING CASE. Case reassigned to Judge Patricia A. Seitz for all further proceedings. Senior Judge William M. Hoeveler no longer assigned to case (jc) (Entered: 01/13/2011) 5 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $ 350.00, receipt number FLS100018500. See docket entry # 27 for image. Modified text on 7/7/2011 (jc). (Entered: 01/25/2011) 6 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $ 350.00, receipt number FLS100018500. See docket entry # 27 for image. (jc) Modified text on 7/7/2011 (jc). (Entered: 01/26/2011) 7 Correction: Wrong docket event used re: DE# 5 & 6 . Clerks Notice of receipt: Filing Fee of $350.00 . (jmd) (Entered: 01/28/2011) 8 MOTION to Appoint Counsel by Traian Bujduveanu. Responses due by 2/17/2011 (jc) (Entered: 01/31/2011) 9 Clerks Notice of Reassignment of Magistrate Judge to Paired Judge John J. O'Sullivan. Magistrate Judge Patrick A. White no longer assigned to case per his chambers. Motions referred to John J. O'Sullivan. (vp) (Entered: 02/03/2011) 10 ORDER of Reference to Magistrate Judge John J. O'Sullivan for Pretrial Proceedings. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/03/2011) 11 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 4/19/2011. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/03/2011) 12 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Patricia A. Seitz on 2/3/2011. (asl) (Entered: 02/04/2011) 13 MOTION for the Appointment of Counsel by Traian Bujduveanu. Responses due by 4/11/2011 (asl) (system updated) (Entered: 03/28/2011) 14 AMENDED COMPLAINT of Damages against Dismas Charities, Inc., Ana
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Ginspert, Derek Thomas, Adams Leshota, filed by Traian Bujduveanu.(asl) (Entered: 03/29/2011) 03/29/2011 03/29/2011 03/30/2011 03/30/2011 15 Summons Issued as to Ana Ginspert. (asl) (Entered: 03/29/2011) 16 Summons Issued as to Dismas Charities, Inc. (asl) (Entered: 03/29/2011) SYSTEM ENTRY - Docket Entry 17 restricted/sealed until further notice. (sk) (Entered: 03/30/2011) 18 Clerks Notice of Docket Correction re 17 ORDER denying 8 Motion to Appoint Counsel; denying 13 Motion to Appoint Counsel.. Document Restricted Due to Error; The correct document has been attached to this notice. (sk) (Entered: 03/30/2011) 19 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Andrea M. Simonton. Magistrate Judge John J. O'Sullivan no longer assigned to case. (dm) (Entered: 04/05/2011) 20 Summons Issued as to Adams Leshota, Derek Thomas. (asl) (Entered: 04/06/2011) 21 MOTION for Reconsideration of 18 Plaintiff's Motion to Appoint Counsel by Traian Bujduveanu. (asl) (Entered: 04/14/2011) 22 MOTION for Extension of Time to File the Joint Scheduling Report by Traian Bujduveanu. Responses due by 4/29/2011 (asl) (Entered: 04/14/2011) 23 CIVIL RULE 4 AFFIDAVIT signed by : Traian Bujduveanu. by Traian Bujduveanu (asl) (Entered: 04/26/2011) 24 ORDER Requiring Filing Fee or filing of Motion to Proceed In Forma Pauperis. Filing Fee or Motion due by 5/16/2011. Signed by Magistrate Judge Andrea M. Simonton on 5/2/2011. (mmn) (Entered: 05/02/2011) 25 AFFIDAVIT Florida Civil Rule 1.070 signed by : Traian Bujduveanu. by Traian Bujduveanu (asl) (Entered: 05/04/2011) 26 MOTION to Dismiss 14 Amended Complaint by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 5/23/2011 (Chaiet, David) (Entered: 05/04/2011) 27 Clerks Notice of Receipt of Filing Fee received on 5/10/2011 in the amount of $ 350.00, receipt number FLS100018500 (jua) (Entered: 05/10/2011) 28 ORDER Denying Motion to Reconsider and Granting in Part Motion for Extension of Time; re 21 Motion for Reconsideration ; re 22 Motion for Extension of Time. Joint Scheduling Report due 5/20/11. Signed by Judge Patricia A. Seitz on 5/12/2011. (asl) (Entered: 05/12/2011) 29 (STRICKEN by DE# 40.)SCHEDULING REPORT - Rule 26(f) by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (Chaiet, David) Modified to reflect "stricken" on 6/6/2011 (wc). (Entered: 05/19/2011) 30 (STRICKEN by DE# 40.)JOINT SCHEDULING REPORT - Rule 26(f) by Traian Bujduveanu (jua) Modified to reflect "stricken" on 6/6/2011 (wc). (Entered: 05/20/2011)
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31 JOINT SCHEDULING REPORT - Rule 26(f) by Traian Bujduveanu, Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (jua) (Entered: 05/20/2011) 32 MOTION for Appointment of Pro Bono Counsel by Traian Bujduveanu. Responses due by 6/9/2011 (jua) (Entered: 05/24/2011) 33 MOTION to Strike 26 MOTION to Dismiss and Incorporated Memorandum of Law in Support by Traian Bujduveanu. Responses due by 6/10/2011 (jua) (Entered: 05/24/2011) 34 MOTION to Strike 30 SCHEDULING REPORT - Rule 26(f)/16.1 by Traian Bujduveanu. Responses due by 6/10/2011 (jua) (Entered: 05/24/2011) 35 RESPONSE to Motion re 34 MOTION to Strike 30 SCHEDULING REPORT Rule 26(f)/16.1 filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Replies due by 6/6/2011. (Chaiet, David) (Entered: 05/25/2011) 36 ENDORSED ORDER regarding 33 Plaintiff's Motion to Strike Defendants' Motion to Dismiss. Plaintiff's Motion to Strike shall be treated as Plaintiff's Response to 26 Defendants' Motion to Dismiss. If Plaintiff wishes to supplement his Response in light of this Order, he shall do so on or before Monday, June 6, 2011. Any reply of Defendants shall be due on or before Thursday, June 16, 2011. Signed by Magistrate Judge Andrea M. Simonton on 5/26/2011. (mmn) (Entered: 05/26/2011) Set/Reset Deadlines as to 26 MOTION to Dismiss 14 Amended Complaint. Plaintiff's Supplement to Response due by 6/6/2011. Defendants' Replies due by 6/16/2011. (See DE# 36.) (wc) (Entered: 05/27/2011) 37 RESPONSE in Opposition re 32 MOTION to Appoint Counsel filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 05/31/2011) 38 SUPPLEMENT RESPONSE re 26 MOTION to Dismiss 14 Amended Complaint filed by Traian Bujduveanu. Replies due by 6/13/2011. (jua) (Entered: 06/01/2011) 39 REPLY to Response to Motion re 33 MOTION to Strike 26 MOTION to Dismiss 14 Amended Complaint filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 06/02/2011) 40 ENDORSED ORDER granting 34 Plaintiff's Motion to Strike Document from the Docket, based upon 35 Defendants' Response, which indicates that Defendants do not oppose Plaintiff's Motion. A review of the docket sheet reflects that each party initially filed a Scheduling Report that had not been signed by the opposing party. These Scheduling Reports are contained in docket entries 29 and 30 . Thereafter, 31 the Joint Scheduling Report signed by both parties was filed. Therefore, docket entry 31 shall de deemed the effective Joint Scheduling Report in this case. The Court strikes 29 and 30 , the two previously filed unilateral Scheduling reports. Signed by Magistrate Judge Andrea M. Simonton on 6/6/2011. (mmn) (Entered: 06/06/2011) 41 SECOND SUPPLEMENT RESPONSE to 26 MOTION to Dismiss 14 Amended Complaint filed by Traian Bujduveanu. Replies due by 6/16/2011. (jua) (Entered: 06/07/2011)

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42 ORDER Denying Motion for Appointment of Pro Bono Counsel; re 32 Motion to Appoint Counsel. Signed by Judge Patricia A. Seitz on 6/8/2011. (asl) (Entered: 06/08/2011) 43 ORDER REFERRING MOTION to Magistrate Judge Andrea M. Simonton: 26 MOTION to Dismiss 14 Amended Complaint filed by Derek Thomas, Dismas Charities, Inc., Adams Leshota, Ana Ginspert. Motions referred to Andrea M. Simonton. Signed by Judge Patricia A. Seitz on 6/20/2011. (asl) (Entered: 06/20/2011) 44 SCHEDULING ORDER: Pretrial Conference set for 5/24/2012 09:00 AM in Miami Division before Judge Patricia A. Seitz. Jury Trial set for 6/18/2012 10:00 AM in Miami Division before Judge Patricia A. Seitz. Calendar Call set for 6/13/2012 01:15 PM in Miami Division before Judge Patricia A. Seitz. Discovery due by 12/16/2011. Dispositive Motions due by 12/16/2011. Pretrial Stipulation due by 5/16/2012. ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton for Discovery Matters. Signed by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011) 45 ORDER REFERRING CASE to Mediation. Mediation Deadline 12/30/2011. Signed by Judge Patricia A. Seitz on 6/29/2011. (lw) (Entered: 06/29/2011) 46 ORDER TO SHOW CAUSE. Notice of Selection of Mediator and Show Cause Response due by 7/25/2011. Signed by Judge Patricia A. Seitz on 7/14/2011. (asl) (Entered: 07/14/2011) 47 Request for Clerk to Appoint Mediator(jua) (Entered: 07/14/2011) 48 NOTICE of Mediator Selection: Lance J. Wogalter added. (See DE 47 for image) (jua) (Entered: 07/15/2011) 49 Clerks Notice re 47 Request for Clerk to Appoint Mediator. ERROR - wrong event selected. The document was re-docketed by the Clerk, see [de#48]. (jua) (Entered: 07/15/2011) 50 MOTION for the Production of Documents and Electronically Stored Information, Under Rule 34 by Traian Bujduveanu. (jua) (Entered: 08/05/2011) 51 GENERAL ORDER ON DISCOVERY OBJECTIONS. Signed by Magistrate Judge Andrea M. Simonton on 8/8/2011. (mmn) (Entered: 08/08/2011) 52 ORDER denying, without prejudice, 50 Plaintiff's Motion for the Production of Documents and Electronically Stored Informations, Under Rule 34. Signed by Magistrate Judge Andrea M. Simonton on 8/10/2011. (mmn) (Entered: 08/10/2011) 53 MOTION to Compel Production of Documents and Electronically Stored Informations by Traian Bujduveanu. Responses due by 9/16/2011 (ar2) (Entered: 08/30/2011) 54 ORDER Requiring Compliance With Prior Order re 45 Order Referring Case to Mediation, ( Mediation Deadline 9/6/2011). Signed by Judge Patricia A. Seitz on 8/31/2011. (asl) (Entered: 08/31/2011) 55 NOTICE of Compliance with Mediation Order by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas re 54 Order, Set/Reset Deadlines (Attachments: # 1 Exhibit Proposed Order Mediation)(Chaiet, David) (Entered:
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09/01/2011) 09/01/2011 56 ORDER Setting Mediation before Lance Wogalter, P.A. Mediation Hearing set for 11/1/2011 10:30 AM. Signed by Judge Patricia A. Seitz on 9/1/2011. (asl) (Entered: 09/01/2011) 57 RESPONSE in Opposition re 53 MOTION to Compel Production of Documents and Electronically Stored Informations, 50 MOTION to Produce Documents filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Exhibit)(Chaiet, David) (Entered: 09/09/2011) 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. Responses due by 10/3/2011 (jua) (Entered: 09/16/2011) 59 RESPONSE in Opposition re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 09/28/2011) 60 MOTION to Strike 59 RESPONSE in Opposition re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. Responses due by 10/20/2011 (jua) (Entered: 10/03/2011) 61 MOTION to Supplement re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories by Traian Bujduveanu. (jua) (Entered: 10/04/2011) 62 RESPONSE in Opposition re 60 MOTION to Strike 59 Response in Opposition to Motion filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/07/2011) 63 RESPONSE in Opposition re 61 MOTION to Supplement re 58 MOTION to Compel Second Request for Production of Documents, First and Second Set of Interrogatories filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/07/2011) 64 MOTION to Strike DE [53,58,60,61] ( Responses due by 10/31/2011), MOTION to Stay ( Responses due by 10/31/2011), MOTION for Sanctions by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) Modified added linkon 10/13/2011 (tp). (Entered: 10/12/2011) 65 Clerks Notice to Filer re 64 MOTION to Strike MOTION to Stay MOTION for Sanctions . Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 10/13/2011) 66 BRIEF IN RESPONSE to Motion re 64 MOTION to Strike DE [53,58,60,61], Motion to Stay filed by Traian Bujduveanu. Replies due by 10/28/2011. (jua) (Entered: 10/18/2011) 67 REPLY to Response to Motion re 64 MOTION to Strike MOTION to Stay MOTION for Sanctions filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 10/24/2011)
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68 FINAL REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse. (Wogalter, Lance) (Entered: 11/04/2011) 69 REPORT of Mediation by Lance J. Wogalter. Disposition: Impasse.(ar2) (Entered: 11/18/2011) 70 NOTICE of Motion for Summary Judgment by Traian Bujduveanu (No attachments) (ar2) (Entered: 11/23/2011) 71 ORDER STRIKING Notice re 70 Notice (Other) filed by Traian Bujduveanu. Signed by Judge Patricia A. Seitz on 11/28/2011. (asl) (Entered: 11/29/2011) 72 MOTION for Summary Judgment by Traian Bujduveanu. Responses due by 12/15/2011 (ar2) (Entered: 11/29/2011) 73 MEMORANDUM of Points and Authorities in Support Re: 72 MOTION for Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 11/29/2011) 74 Statement of Facts as to Which there is no Genuine Dispute Re: 72 MOTION for Summary Judgment by Traian Bujduveanu (ar2) (Entered: 11/29/2011) 75 AFFIDAVIT/Declaration signed by : Traian Bujduveanu. by Traian Bujduveanu (ar2) (Entered: 11/29/2011) 76 ORDER STRIKING Statement of Facts; re 74 Statement filed by Traian Bujduveanu. Leave to File by 12/22/11. Signed by Judge Patricia A. Seitz on 11/30/2011. (asl) (Entered: 12/01/2011) 77 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by Traian Bujduveanu (ar2) (Entered: 12/06/2011) 78 MOTION to Strike 14 Amended Complaint by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 12/23/2011 (Attachments: # 1 Exhibit)(Chaiet, David). Added MOTION to Dismiss for Failure to Appear at Depositions on 12/7/2011 (tp). (Entered: 12/06/2011) 79 MOTION for Hearing and Status Conference re 78 Motion to Strike and Dismiss by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) Modified added link on 12/7/2011 (tp). (Entered: 12/06/2011) 80 Clerks Notice to Filer re 78 MOTION to Strike 14 Amended Complaint MOTION to Dismiss. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tp) (Entered: 12/07/2011) 81 Clerks Notice to Filer re 79 MOTION for Hearing . Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (tp) (Entered: 12/07/2011) 82 ORDER STRIKING 77 Statement of Facts filed by Traian Bujduveanu. Signed by Judge Patricia A. Seitz on 12/7/2011. (yha) (Entered: 12/07/2011)
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83 MOTION for Summary Judgment by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 1/3/2012 (Attachments: # 1 Exhibit Statement of Undisputed Facts, # 2 Affidavit of Defendants in Support of Motion for Summary Judgment)(Chaiet, David) (Entered: 12/16/2011) 84 Statements of Material Facts in Support of 72 MOTION for Summary Judgment by Traian Bujduveanu (ar2) (Entered: 12/20/2011) 85 Statement of Material Facts as to which there are no Genuine issues for Trial by Traian Bujduveanu (Attachments: # 1 Exhibit Continued Part I, # 2 Exhibit Continued Part II)(ar2) (Entered: 12/20/2011) 86 RESPONSE to 78 MOTION to Dismiss for Failure to Appear at Depositions filed by Traian Bujduveanu. Replies due by 1/3/2012. (ar2) (Entered: 12/22/2011) 87 RESPONSE in Opposition re 72 MOTION for Summary Judgment filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Affidavit In Opposition to Plaintiff's MSJ)(Chaiet, David) (Entered: 12/27/2011) 88 AFFIDAVIT in Opposition re 72 MOTION for Summary Judgment filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Exhibit Statement of Disputed Facts)(Chaiet, David) (Entered: 12/27/2011) 89 REPLY to Response to Motion re 78 MOTION to Strike 14 Amended Complaint MOTION to Dismiss filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Exhibit Emails)(Chaiet, David) (Entered: 12/27/2011) 90 RESPONSE to 83 MOTION for Summary Judgment filed by Traian Bujduveanu. Replies due by 1/13/2012. (ar2) (Entered: 01/04/2012) 91 REPLY to Response to Motion re 83 MOTION for Summary Judgment filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 01/12/2012) 92 REPLY Brief in Response to 91 REPLY to Response to Motion re 83 MOTION for Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 01/18/2012) 93 MOTION to Strike 92 Response/Reply (Other) by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 2/6/2012 (Chaiet, David) (Entered: 01/19/2012) 94 REPORT AND RECOMMENDATIONS re 26 Defendants' Motion to Dismiss Amended Complaint. Objections to R&R due by 2/24/2012. Signed by Magistrate Judge Andrea M. Simonton on 2/7/2012. (par) (Entered: 02/07/2012) 95 OBJECTIONS to 94 Report and Recommendations by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 02/20/2012) 96 OBJECTIONS to 94 Report and Recommendations Re: Defendant's Motion To Dismiss by Traian Bujduveanu. (cqs) (Entered: 02/23/2012) 97 ENDORSED ORDER denying, without prejudice, the following six motions: 53 Plaintiff's Motion to Compel Production of Documents and Electronically Stored
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Informations; 58 Plaintiff's Motion to Compel Second Request for Production of Documents, First and Second Set of Interrogatories; 60 Plaintiff's Motion to Strike Defendants' Dismas Charities, Inc., Ana Gispert and Adams Lashanda's Response Brief in Response to Plaintiff's Motion to Compel Responses to Second Request for Production and Interrogatories; 61 Plaintiff's Motion to Supplement Motion to Compel Second Request for Production of Documents, First and Second Interrogatories; 64 Defendants Dismas Charities, Inc., Ana Gispert, Derek Thomas and Adams Leshota's Motion to Strike Plaintiff's Motions to Compel, Supplemental Motions and Motion to Stay Discovery from Plaintiff; and 78 Defendants' Motion to Dismiss Action for Failure to Appear at Depositions. Of the outstanding motions in this case that are not addressed by 94 the Report and Recommendation, the motions noted above are the only motions referred to the undersigned because they concern discovery or discovery-related sanctions, which are matters that have been referred to the undersigned by 44 the Order Setting Trial Date, Pretrial Deadlines and Referral to Magistrate. Because the undersigned recommends dismissal in the Report and Recommendation, these motions are denied, without prejudice to renew following resolution of the pending Report and Recommendation. If the Court's ruling on the Report and Recommendation does not resolve the matters raised in a given motion above, a party may present that matter to the Court for resolution under the procedures outlined in 44 the Court's Scheduling Order. That Order prohibits the parties from filing discovery motions, and requires the party seeking relief to place the matter on the discovery calendar of the undersigned Magistrate Judge after conferring with the opposing party. Signed by Magistrate Judge Andrea M. Simonton on 3/2/2012. (mmn) (Entered: 03/02/2012) 03/15/2012 98 ORDER Affirming and Adopting Report and Recommendations, Overruling Plaintiff and Defendants' Objections, Allowing Plaintiff Leave to Amend and Referring Pending Motions to Magistrate Judge re 94 Report and Recommendations. Certificate of Appealability: No Ruling; granting 26 Motion to Dismiss. Signed by Judge Patricia A. Seitz on 3/15/2012. (yha) (Entered: 03/16/2012) 99 ORDER REFERRING MOTION: 93 MOTION to Strike 92 Response/Reply (Other) filed by Derek Thomas, Dismas Charities, Inc., Adams Leshota, Ana Ginspert, 79 MOTION for Hearing filed by Derek Thomas, Dismas Charities, Inc., Adams Leshota, Ana Ginspert, 83 MOTION for Summary Judgment filed by Derek Thomas, Dismas Charities, Inc., Adams Leshota, Ana Ginspert, 72 MOTION for Summary Judgment filed by Traian Bujduveanu, ( Amended Pleadings due by 3/28/2012.), Derek Thomas, Ana Ginspert and Adams Leshota terminated. Motions referred to Andrea M. Simonton. Signed by Judge Patricia A. Seitz on 3/15/2012. See 98 Order for Image (yha) (Entered: 03/16/2012) 100 ORDER of Reference to Magistrate Judge Andrea M. Simonton for Trial. Judge Patricia A. Seitz no longer assigned as presider judge(s) in case. Signed by Judge Patricia A. Seitz on 3/27/2012. (jua) (Entered: 03/27/2012) 101 AMENDED COMPLAINT against Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas filed in response to Order Granting Motion for Leave, filed by Traian Bujduveanu.(cqs) (Entered: 03/28/2012) 102 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.(Chaiet,
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27/03/2013 19:06

04/12/2012

David) (Entered: 04/03/2012) 103 SUPPLEMENTAL MOTION for Summary Judgment and Incorporated Memorandum of Law In Support by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. Responses due by 4/30/2012 (Chaiet, David) Text Added on 5/1/2012 (ail). (Entered: 04/12/2012) 104 MOTION for Extension of Time to File Response/Reply as to 103 SUPPLEMENTAL MOTION for Summary Judgment by Traian Bujduveanu. (ail) (Entered: 05/01/2012) 105 PRETRIAL STIPULATION by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas (Chaiet, David) (Entered: 05/18/2012) 106 Exhibit List by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.. (Chaiet, David) (Entered: 05/18/2012) 107 Witness List by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas.. (Chaiet, David) (Entered: 05/18/2012) 108 ORDER Granting 104 Plaintiff's Motion for Leave to Extend Time to Respond to 103 Defendants' Supplemental Motion for Summary Judgment; and Vacating 44 Order Setting Trial Date, Pretrial Deadlines and Referral to Magistrate. Response to Supplemental Motion due by 7/2/2012. Signed by Magistrate Judge Andrea M. Simonton on 5/21/2012. (mmn) (Entered: 05/21/2012) 109 Order Vacating 44 Order Setting Trial Date, Pretrial Deadlines and Referral to Magistrate. (See 108 for image.) Signed by Magistrate Judge Andrea M. Simonton on 5/21/2012. (mmn) (Entered: 05/21/2012) 110 MOTION to Compel Production of Documents and Electronically Stored Information by Traian Bujduveanu. Responses due by 7/16/2012 (ar2) (Main Document 110 replaced on 7/12/2012) (ail). (Entered: 06/27/2012) 111 RESPONSE and Incorporated Memorandum of Law Re: 103 Supplemental Motion for Summary Judgment. filed by Traian Bujduveanu. Replies due by 7/13/2012. (ar2) (Entered: 07/05/2012) 112 RESPONSE in Opposition re 110 MOTION to Compel Production of Documents and Electronically Stored Information filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 07/05/2012) 113 REPLY to Response to Motion re 103 MOTION for Summary Judgment filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Affidavit)(Chaiet, David) (Entered: 07/12/2012) 114 RESPONSE to 113 Reply to Response to Motion by Traian Bujduveanu. (ar2) (Entered: 08/06/2012) 115 SUPPLEMENTAL to 114 RESPONSE to 113 Reply to Response to Motion by Traian Bujduveanu (jc) (Entered: 08/10/2012) 116 MOTION to Strike 114 RESPONSE to 113 Reply to Response to Motion and 115 SUPPLEMENTAL to 114 RESPONSE to 113 Reply to Response to Motion. (Chaiet, David) Modified to convert document to a motion and document link on 8/15/2012 (ar2). (Entered: 08/14/2012)
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05/01/2012

05/18/2012 05/18/2012 05/18/2012 05/21/2012

05/21/2012

06/27/2012

07/03/2012

07/05/2012

07/12/2012

08/03/2012 08/09/2012 08/14/2012

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08/14/2012

117 Clerks Notice to Filer re 116 Response to Motion,. Wrong Event Selected Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ar2) (Entered: 08/15/2012) 118 RESPONSE to 116 Motion to Strike filed by Traian Bujduveanu. Replies due by 8/30/2012. (ar2) (Entered: 08/21/2012) 119 ORDER denying 72 Plaintiff's Motion for Summary Judgment; 83 Defendants' Motion for Summary Judgment; and 93 116 Defendants' Motions to Strike. Signed by Magistrate Judge Andrea M. Simonton on 9/28/2012.(par) (Entered: 09/28/2012) 120 ENDORSED ORDER denying as moot 79 Defendant Dismas Charities, Inc., Ana Gispert, Derek Thomas and Adams Leshota's Motion for Hearing and Status Conference. The Defendants have requested that the Court hold a hearing and status conference related to the Defendants' Motion to Dismiss (DE # 26). However, the undersigned has already issued a Report and Recommendation (DE # 94) recommending that the Defendants' Motion to Dismiss be granted, which was adopted by the District Judge on March 16, 2012 (DE # 98). Accordingly, the Defendants' request is moot and therefore the Motion for Hearing and Status Conference on the Motion to Dismiss is DENIED. Signed by Magistrate Judge Andrea M. Simonton on 9/28/2012.(par) (Entered: 09/28/2012) 121 MOTION for Extension of Time to File Response as to 103 Supplemental Motion for Summary Judgment by Traian Bujduveanu. (ar2) (Entered: 10/12/2012) 122 ORDER Granting 121 Plaintiff's Motion for Leave to Extend Time to Respond to the Court's Order for Second Motion for Summary Judgment. Signed by Magistrate Judge Andrea M. Simonton on 10/25/2012.(par) (Entered: 10/25/2012) 123 Clerks Notice of Docket Correction re 122 Order on Motion for Extension of Time to File Response/Reply. Document Restricted Due to Error See D.E 124 for the Image. (ra) (Entered: 10/25/2012) 124 AMENDED ORDER Granting 121 Plaintiff's Motion for Leave to Extend Time to Respond to the Court's Order for Second Motion for Summary Judgment. Signed by Magistrate Judge Andrea M. Simonton on 10/25/2012. (par) (Entered: 10/25/2012) 125 Renewed Second MOTION for Summary Judgment by Traian Bujduveanu. Responses due by 11/19/2012 (gp) (Entered: 11/02/2012) 126 RESPONSE in Opposition re 125 MOTION for Summary Judgment filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Attachments: # 1 Exhibit Statement of disputed facts, # 2 Affidavit Affidavit in Opposition)(Chaiet, David) (Entered: 11/16/2012) 127 AFFIDAVIT in Opposition re 125 MOTION for Summary Judgment filed by Dismas Charities, Inc., Ana Ginspert, Adams Leshota, Derek Thomas. (Chaiet, David) (Entered: 11/16/2012) 128 RESPONSE to Defendant's Statement of Disputed Facts in Response and Opposition to 103 Supplemental MOTION for Summary Judgment , and Response in Opposition to 125 Second Amended MOTION for Summary Judgment, and
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08/20/2012 09/28/2012

09/28/2012

10/12/2012 10/25/2012

10/25/2012

10/25/2012

11/01/2012 11/16/2012

11/16/2012

11/28/2012

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Defendant's Affidavit in Support of Motion for Summary Judgment filed by Traian Bujduveanu. Replies due by 12/10/2012. (tp) (Main Document 128 replaced on 12/7/2012) (ail). (Entered: 11/28/2012) 12/07/2012 03/27/2013 129 Clerks Notice of Docket Correction re 128 Response to Motion,. Correction Document replaced with complete copy. (ail) (Entered: 12/07/2012) 130 ORDER denying 110 Motion to Compel. Signed by Magistrate Judge Andrea M. Simonton on 3/27/2013. (AMS) (Entered: 03/27/2013)

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