Plaintiff's Response to Defendant's Motion to Dismiss Action for Failure to Appear at Deposition.

8/3/2019 Plaintiff's Response to Defendant's Motion to Dismiss Action for Failure to Appear at Deposition.

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h

IN THE IJNITED STATES DISTRICT COURT FORTHE SOUTHERN DISTRICT OF FLORIDACASE N O.: l I-ZOIZO-CIV-SEITZ/SIM ONTON

TRAIAN BUJDUVEANU,PlaintiF,VS.Dlsm s cltxm rrm ,m c ,ANA GISPERT,DEREK THOM AS and LASIIANDA Aoo SDefendants.

/

PLAINTIFF'S RESPONSE TO DEFENDANT'S M OTION TO DISM SS ACTION FORFAILURE 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 toFederal 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 Motion to Dismiss Action for Faillzre toAppear at Deposition (Document #78).2. The M ovant acknowledges that the Defendrmt's cotmsel attempted to scheduledepositions on the following occasions; October 10,2011, November 1 1, 2011, andDecember 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 communicatevia emails between the M ovant and the Defendant's counsel as to his inability to makeattend 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'scotmsel 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 Page 1 of 43


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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 confmementdue 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 levelsshown 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 hasbeen ones in which his health has further deteriorated, and that the Movant believed ingood faith that the Defendant's and their counsel were aware of these circllmstnces, andfurthermore that Defendant's cotmsel did not request any updated medical records fromthe 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 toappear at mediation, prepared llis Motion for Sllmmary Judgment, Statement of Facts,and Revised Statements of Facts, the M ovant should have been able to m ake it to thescheduled 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 hisphysicians to give him a 50/50 chance of surviving his scheduled surgery, which has beenrescheduled 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 additionalavenues 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 thepurpose 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 wasunwilling 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 toproblems of accuracy and trustworthiness, the party taking the deposition is required toapply 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 deemsnecessary. 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



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court addressing M ovant's Petition for Sllmmary Judgm ent as they w ere 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 specialcircum stances is on the party being sanctioned. FalstaF Brewing Corp. v. M iller BrewingCo., 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 m ake 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:tW e cannot conclude that each of the appellant corporations was substantiallyjustified 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 concerningthe 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 toappear. Except for K'tmg, Hyde & Drath has failed to show that its clients weresubstantially 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 FederalRule 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 aneffort to (c)(1) Avoiding Undue Burden or Expense: Sanctions. A party or attorneyresponsible for issuing and serving a subpoena must take reasonable steps to avoidimposing 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 lostearnings and reasonable attomey's fees--on a party or attorney who fails to comply. In

following the rules of civil procedure, the court would issue and order for contempt inwhich the issuing court may hold in contempt a person who, having been served, failswithout 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 thecritical nature of his health condition, they chose instead to circum vent this process, and

3



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use other avenues of acllieving this means to their ends, thus robbing the court of itspower to compel com pliance with the rtzles of civil procedure.15. A district court has wide discretion to establish the time and place of depositions.ln reStandard 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 K ong depositions to Gke place in San Francisco so that the courtcould oversee the proceedings since appellants had disregarded the previous depositionorder. 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 tooccur in San Francisco.16. Before a district court dismisses a complaint, it must weigh the five factors prescribed inWanderer 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 thisobligation, the reviewing court examines whether the court (1) explicitly discussed thefeasibility of less drastic sanctions and explained why alternative sanctions would beinappropriate, (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 cotmselrefuses 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 bedenied.

Dated: December 20, 2011 Respectfully subrnitted,

> 'W > pqTRAIAN BUJDUVEANU, PRO SE

4



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CERTIFICATE OF SERVICE1 hereby certify that on or about DECEM BER 20,201 1 a tnze and correct copy of theforegoing document was served upon the following via the United States PostalService, Fh'st Class M ail:

Dismas Charities, Inc.,141 N.W . 1 St AvenueDania, FL 33004-2835Ana GispertDism as Charities,lnc.141 N.W . 1 St. AvenueDania, FL 33004-2835Derek Thom asDismas Charities,lnc.141 N.W . 1 St. AvenueDania, FL 33004-2835Lashanda AdamsDismas Charities,lnc.141 N.W . 1 St. AvenueDania ,FL 33004-2835David S. Chaiet,EsquireAttorney for Defendants4000 Hollywood BoulevardSuite 265-SouthHollywood, FL 33021

EXECUTED ON THIS 20 DAY OF DECEMBER, 2011w 'zr///z/ Z d21*

TRAIAN BUJDUVEANU, PR0 SE5601 W . BROW ARD BLVD,,PLANTATION, FL 33317



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A

EXHIBIT 1



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Windows Lije Hotmail Print Message* .RE: RE:

14/12/2011 2

David Chaiet ([email protected])Tue 11/29/11 2:31 PMTraian 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 PMTo: David ChaietSubject: 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 thisCase.As you have cat orically refused to participate in the discovery process and more than that you have totallyignored the third request for discovery, I suggest that you wait first for a court answer and decision on alIpending motions.

Best RegardsTraian Bujduveanu

From: Dchaietaeisinqerlaw.comTo: orionav@ msn.comSubjed:Date: Tue, 29 Nov 2011 19:05:29 +0000Sir,



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Windows Lije Hotmail Print Message 14/12/201122

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 EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle * Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) [email protected]

Confidentialitv and Privacv Notice: The information contained in this communication,including information contained in anyattachments, 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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawfulIf you have received this communicationin error,please notify us immediately by return e-mailor by e-mail to receotiona eisinaerlaw.com, and destroy this communicationand al1 copies thereof, including aII attachments.Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act,you are advised that this Law Firm is a debt collector attempting to collect a debt,and any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments,was notintended nor wriden to be used,and cannot be used, by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transactionls) ormatteqs) addressed by the written advice contained in this communication, including in any attachmentP Please consider the environm ent before printing this e-m ail.



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Windows Live Hotmail Print MessageJ

Dism as14/ 12/2011 2

David Chaiet ([email protected])Wed 11/30/11 2:36 PMTraian 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.Presidential Circle * Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) 894-8015dchaiet@ eisingerlaw.com*wwwaeisingerlaw.com

Confidentialitv and Privacv Notice: The information contained in this communication,including information contained in anyattachments, 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 EisingerBrown, Lewis, Frankel & Chaiet, P.A. Unauthorized use, disclosure orcopying of this communication or any pad thereof is strictly prohibited and may be unlawfullf you have received this communicationin 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,you are advised that this Law Firm is a debt collector attempting to collect a debtand any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments,was notintended nor written to be used, and cannot be used, by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transadionts) ormatterts) addressed by the written advice contained in this communication, including in any attachment.P Please consider the environment before printing this e-m ail.



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Windows Liye Hotmail Print Message

7614/12/2011 2

David Chaiet ([email protected])Thu 12/01/11 11:08 AMDavid 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



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Windows Liye Hotmail Print Message .

(No Subject)14/12/2011 2

David Chaiet ([email protected])Thu 12/01/11 1:56 PMTraian 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 .

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle . Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) 894-8015dchaiet@ eisingerlaw.com*www.eisingerlaw.com

Confidentialitv and Privacv Notice: The information contained in this communication,including information contained in anyattachments,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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawfulIf you have received this communicationin 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 thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication, including in any attachments,was notintended nor written to be used, and cannot be used,by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transactionls) ormatteqs) addressed by the written advice contained in this communication, including in any attachment.P Please consider the environm ent before printing this e-mail.



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F#?:14/12/2011 2

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

From : David ChaietSent: Thursday, December 01, 2011 1:56 PMTo: '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 .

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle . Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f : (954) 894-8015dchaietleisinnerlaw.com*www.eisingerlaw.com

Confidentialitv and Privacv Notice: The information contained in this com munication,including information contained in anyattachments, 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 orcopying of this communication or any pad thereof is strictly prohibited and may be unlawfulIf you have received this communicationin error, please notify us immediately by return e-mail or by e-mail to [email protected] and destroy this communicationand aII copies thereof, including all attachmentsDebt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act,you are advised that this Law Firm is a debt collector attempting to collect a debt,and any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirem ents imposed by the lRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments,was not



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Windows Liye Hotmail Print Message* zjintended nor written to be used, and cannot be used,by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transadionts) ormatterts) addressed by the written advice contained in this communication, including in any attachmentP Please consider the environment before printing this e-mail

14/ 12/201 1 2Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 Page 13 of 43


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(No Subject)l4/ 12/2011 2

David Chaiet ([email protected])Fri 12/02/11 2:29 PMTraian 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.Presidential Circle . Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) [email protected] *www.eisingerlaw.com

Confidentialitv and Privacv Notice: The information contained in this communication,including information contained in anyattachments,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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawfullf you have received this communicationin 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,you are advised that this Law Firm is a debt collector attempting to collect a debt,and any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the lRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments, was notintended nor written 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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imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transadionls) ormatterts) addressed by the written advice contained in this communication,including in any attachment.P Please consider the environm ent before printing this e-m ail.

14/ 12/2011 2Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 Page 15 of 43


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RE:14/ 12/2011 2 1

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

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 ageyour cause.Once again, I believe the Iogic thing here will be to schedule the deposition after the Court will answer aIIpending motions, and also after my surgery.Best RegardsTraian Bujduveanu

From: [email protected]: orionav@ msn.comSubjed:Date: Fri, 2 Dec 2011 19:29:41 +0000Sir

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.

Have a good weekend.

I trust that j will see you M onday.

David Chaiet Esquire



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Eisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle . Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) 894-8015dchaietaeisinaerlaw.com*www.eisingerlaw.com

14/12/2011 21

Confidentialitv and Privacv Notice: The information contained in this communication,including information contained in anyattachments, 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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawfulIf you have received this communicationin error, please notify us immediately by return e-mail or by e-mail to [email protected],and destroy this communicationand aII copies thereofincluding aII attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act,you are advised that this Law Firm is a debt collector attempting to collect a debt,and any information obtained may be used for thatpurpose, Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments, was notintended nor written to be used,and cannot be used, by any person for the purpose of (1) avoiding tax penalties that may beimposed under the lnternal Revenue Code or (2) promoting,marketing or recommending to another party any transactionts) ormatterts) addressed by the written advice contained in this communication, including in any attachmentP Please consider the environment before printing this e-m ail.



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indows Livr Hotmail Print Message

e * *14/12/2011 21

David Chaiet ([email protected])Mon 12/05/11 8:20 AMTraian Bujduveanu ([email protected])

I cannot agree,On DK 4, 2011, at 10:25 PM, Traian Bujduveanu


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Windows Liye Hotmail Print Message 14/ 12/2011 21

I trust that I will see you M onday.

David Chaiet EsquireEisinger, Brown, Lew is, Frankel & Chaiet, P.A.Presidential Circle * Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (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 informationcontained in any attachments, is confidentialmay 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 strictlyprohibited and may be unlawful. If you have received this communication in error,please notify us immediately byreturn 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 debtand any information obtained may beused for that purpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS underCircular 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 thepurpose 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 advicecontained in this communication, including in any attachment.P Please consider the environment before printing this e-mail,



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Windows Live Hotmail Print Message

M otion for Sum m ary Judgm ent14/12/2011 21

Traian Bujduveanu ([email protected])Tue 11/29/11 3:20 PMDavid Chaiet ([email protected])

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 ot ofmoney by their insurance com pany.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 fewtimes with criminal ads.Best RegardsTraian Bujduveanu



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RE: Notice of M otion for Sum m aG Judgm ent14/12/2011 22

David Chaiet ([email protected])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 PMTo: David ChaietSubje : 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



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(No Subject)14/ 12/2011 22

David Chaiet ([email protected])Tue 11/29/11 2:05 PMTraian Bujduveanu ([email protected])

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.

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle * Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) [email protected] *www.eisingerlaw.com

Confidentialitv and Privacv Notice: The information contained in this com munication,including information contained in anyattachments, 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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawfulIf you have received this communicationin error,pease 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,you are advised that this Law Firm is a debt collector attempting to collect a debtand any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the lRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments,was notintended nor written to be used, and cannot be used,by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another pady any transactionts) ormatterts) addressed by the written advice contained in this communication,including in any attachment.P Please consider the environment before printing this e-m ail.



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RE:14/12/2011 2

Traian Bujduveanu ([email protected])Tue 11/29/11 2: 13 PMDavid Chaiet ([email protected])

Dear Mr. Chaiet,Thank you for your email.It very m uch appears to me as you are the one qualified to make medical as well as court decisions in thisCase.As you have categorically refused to participate in the discovery process and more than that you have totallyignored the third request for discovery, l suggest that you wait first for a couo answer and decision on aIIpending motions.Best RegardsTraian Bujduveanu

From: [email protected]: orionav@ msn.comSubjed:Date: Tue, 29 Nov 2011 19:05:29 +0000Sir,

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.

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle . Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) 894-8015dchaietleisinqerlaw.com'www.eisingerlaw,com

Confidentialitv and Privacv Notice: The information contained in this communication, including information contained in anyattachments, 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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawful.If you have received this communication



24/43

Windows Liye Hotmail Print Messagein error, please notify us immediately by return e-mail or by e-mailto [email protected], and destroy this communicationand a1I copies thereof, including a1I attachments. Debt Collection Disclosure: Pursuant to the Fair Debt Collection Pradices Act,you are advised that this Law Firm is a debt collector attempting to collect a debt, and any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the lRS under Circular 230, we inform youthat any written advice relating to Federal tax issues contained in this communication, including in any attachments, was notintended nor written to be used, and cannot be used, by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transactionts) ormatteqs) addressed by the written advice contained in this communication, including in any attachment.P Please consider the environm ent before printing this e-m ail.

14/ 12/2011 22Case 1:11-cv-20120-PAS Document 86 Entered on FLSD Docket 12/22/2011 Page 24 of 43


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RE: RE:14/12/2011 2

David Chaiet (Dchaiet@eisingerlawacom)Tue 11/29/11 2:26 PMTraian Bujduveanu ([email protected])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 PMTo: David ChaietSubject: RE:

Dear Mr. Chaiet,Thank you for your email.It very much appears to me as you are the one qualified to make medical as well as court decisions in thisCase,As you have categorically refused to participate in the discovery process and more than that you have totallyignored the third request for discovery, I suggest that you wait first for a court answer and decision on aI1pending motions.

Best RegardsTraian Bujduveanu

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



26/43


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

14/12/2011 22

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.

David Chaiet EsquireEisinger, Brown, Lewis, Frankel & Chaiet, P.A.Presidential Circle * Suite 265-54000 Hollywood BoulevardHollywood, Florida 33021p: (954) 894-3043f: (954) 894-8015dchaietaeisingerlawacom *www.eisinqerlaw.com

Confidentialitv and Privacv Notice: The information contained in this com munication,including information contained in anyattachments,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 orcopying of this communication or any part thereof is strictly prohibited and may be unlawfulIf you have received this communicationin error, please notify us immediately by return e-mail or by e-mail to recentiona eisinnerlaw.com, and destroy this communicationand aII copies thereof, including aII attachmentsDebt Collection Disclosure: Purstlant to the Fair Debt Collection Pradices Act,you are advised that this Law Firm is a debt collector attempting to collect a debtand any information obtained may be used for thatpurpose. Tax Advice Disclosure: To ensure compliance with requirements imposed by the lRS under Circular 230,we inform youthat any written advice relating to Federal tax issues contained in this communication,including in any attachments, was notintended nor written to be used, and cannot be used,by any person for the purpose of (1) avoiding tax penalties that may beimposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transactionls) ormatterts) addressed by the written advice contained in this communication, including in any attachment.P Please consider the environment before printing this e-mail.



27/43

Nova Soldheastern UnivemityCollege of O sto pathie M ediele3200 S Univen ity Drive(i'to LaudeM alea Fl 333:8(954)262-4371Patient Nsme:D.O. B.:Encotmter #:M R#:Physicimr.Date of Service:Exxm ination;Indication:

Bujduveanu, Traian12-11-54173141626Hilt DO, Gary6-21-11LEFT NVGU DVAL ULTRASOUNDPinM uldple cuts were obtained. n e exztminadon reveals a large m'O of fluid collection th+ isoriginadng &om G e abdomen extending dowmvrd to the scrotum . Tlle Gnding shyuld beclinically correlated with a ites exlanaing doxmward into a leh side hlguinal h'erne that extcndsinto 1he scrqtum . In addition to this. thc e are small bilatcal hyoceles. Tbe right lesticlemeasures 3.4 x 2.2 . The leA tee cle m eas'ulw 3.1 x 2.1= . W ere ls slil t prominence of theleR epididyrrtis lhat measu= 1.7cm . Nothm g else is note .

IMPRESSION:n ere is a large quid collm tion that extends irlto tl)e scrotum and the fmdingg should becliniY ly cotw lated with ascites &om 1he aM omen extending tbrougbout a lvft inguinal bennimClinical convlaEon to this observation. Peraps a CT scan exnminntion of t.he w lds extendingdownwad into the scrotal ama is recommeded for further evaluation

%1!G z

1! 'h-(, ' !kt'tt.'.t g

Y-ZR> d by: Gnron M endez, Jr. M .D-D: 6/2 1/1 1T: 6/2 lz'l 1GNlaj s

Tbis rcport w'Js eledronically signedby Gm w! MeeK'ez Jr.M D.



28/43

,' 'xkjjj/za. v.n' ' tt, SO U T H EAST ER N

k';: .t ' . . . . ), ... -/ U N 1 N. E R S l T 3:7-* . ,t:, t ; F) of oste opath 1 c M ed - ci n eNSU Davie Internal Medicine3200 S University DriveDavie, FL. 33328-2018Phone :(954)262-4100Fax :(954)262-3285

PAT i E N T:DATE 0 F Bl RTH:DATE:VI S 6 -F I-YP E:

Traian Bujduveanu12/1 1/195409/28/201 1 10:30 AMOffice Visit

Sh ittf Cotnplaint/Reason for visit:l'his 513 year old male presents with check-up.Fis-o- 1.$, offresent Illness1 . C h ( c k - U p56 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 motnths!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



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EXHIBIT 2



30/43

RADIOLO9Y CONSULTANTSIAGNOSTIC RADIOLOGY-COMPUTERIZED TOMOG RAPHYAcR AGCREDITEP MAMOGRAPHY*UVTRASOUND*MRI10 SOUTH FEDERAL HIGHWAY * SECONP FLOOR * HOLLYWOOD, FLORIDA 33020EL (954/.927-1776*FM (954)-927-0069Vladimir Grnja, M.D., Board Certified Radiologist

Patient Name:Referring Physician' TRAIAN BUJDUVEANUDR. GARY R HILL Account #:Date of Birth:Date of Service:17032112/11/195406/13/201 1

CT SCAN OF THE ABDOMEN:TECHNIQUE: CT of the abdomen was performed using 16 detedor CT technology with 5 mm .spacing' after oral contrast.FINDINGS: Tere 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 demonstratejood 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



31/43

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 ,201 1 9:31 AMAuth (Verified)us RETROPERITONEUMTULRAM-PERSAU ,DEVI July 0 ,m 11 9:31 AM r213081624, NBMC, OP, 7/7/m 11 - 7/9/2011* Final Repod *

Reason For ExamURINARY INCONTINENCE NOSREADULTRASOUND 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 residualurine after voiding. Residual of 9 mL.Normal size prostate gland. No bladder masses or calcifications.IMPRESSION:W E SUSPECT LEFT NEPHROSCLEROSIS. NO HYDRONEPHROSIS O RSPACE-OCCUPYING LESIONS IN THE KIDNEYS.

Printed by: M HALSKY MD. MICHAELPrinted on: 7/20Q011 1:03 PM Page 1 of 2(Continued)



32/43

US RETROPERITONEUM* Final Report *

GREEN, W ILLIAM L - 694709

NO RESIDUAL IN THE BLADDER AFTER VO IDING . NORMAL SIZE FOR PROSTATEGLAND.

Signature Line MUHLETALER M D, CARLOS A(Electronic Signature)Tech: TULRAM-PERSAUD, DEVITrans: KNTrans 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 2End of Repol'tl



33/43

Npva Southeastenl Univem ityCollege of Oxt- pathic M edieine3200 S Univen ity m iveFt- Laudee aleo Fl 333%(954)262-4371Patient Nsme:D.O- B.:Encounter #:M R#:Phys-ician:Date of Service:Exnmination:lndication:

Bujdw canu, Traian12-1 1-54173141626Hill DO, Gary6-21-11LEFT MqGU EQAL ULTRASOUNDPinMuldple cuts were oY ned. The exnmination reveals a large ar> of fluid coll tion thal isoriginadng from G e abdemen extending dowm- d to the scrotxm . '1-lm fnding sM uld beclinically correlale w ith a ites exleM ing dowmward into a 1% side ixlguinal hem xn that extendsinto 1he scromm . In addtion to tllis. there are small bilnttvnl hydroceles. n e rigllt testicleme%ures 3.4 x 2.2cm . The lelY testicl m easu= 3.1 x 2.1= . There is slil t pmmlnence of thele 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 beclinically correlated with asdte,s &om 1he aM omc'n extending threugY ut a left inguinal hmnimClinical convlation to th1 observation. Perhaps a CT scan exnm inntion of e w lvis extendingdownward into the scroul area is recommended for furtheT evaluation.

N1niz

fh - 'lih.. !$-tt.'iL /.R= d by: Gnron M endez, Jr. M .D.D: 6/2 1/1 1T: 6/2 121 1Ghlj s

nis rcport wtw elect= iexlly signedbyoastt'hn A.4emkx.z= Jr - V D. Y-Z



34/43

. ;j L

N' * '. :j > t , , t . q ( ; t. ryx y jz y $ z'ja jj j4 xj. j. t. u. . ... < . ... k x j jj x j N m jj R s j vj- jr1-* ' . : 1 t.', t,? r'.ut of oste 0 p ath - c M e d - c - n e.# -. ,NSU Davie Internal Medicine:3200 S University DriveDavie,Ft.. 33328-2018Phone :(954)262-4100Fax :(954)262-3285

p'ATl E I'kT:DATE O F Bl RTH :DA T E 2VI S I-r I-'/PE:

Traian Bujduveanu12/11/195409/28/201 1 10:30 AMOffice Visit

Shittf olzzplaint/Reason for visit:-1 his 5: yeal old male presents with check-up.Historv otf-resent lllness1 . C 13 ac k-tl 1:)56 y/t3 fyolnanian male with a history of Hepatitis C com plications and Diabetes Type 2 presents here as a follow-tlr; visit frual 3 months 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 IRecor ded by: Gary Hill DO

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



35/43

ZUROLOGYMl> Am p. ZAHALSKY, M.D.DEA # BZ 8714710PATRIJK VILLICAG M.D.DF.A: FV 1528-MELI- MAO ANP pA.cplxEscRls?hlG #axml/'slKAA UK #A.CPRESCRBING # (> 7793S8K co% RIDGE DRIV .SUITE 1co% SPRINGS. FL 33076-3379 (954) 714'82* FX- Z6Z62951 N.W. 49TH AVENUL SUITE 308FT. LAUDERDALE, FL 33313.1617 (954) 714-8200 Fr1*.8z.?.zBATCH #MDIIOIIIGJRIY'r.*I

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36/43

BROWARD MEDICAL CENTER OF DAVIE. INC.STACY H. KATA D.0.LlC. # OS 0* 295 (FL)DR. KISHOR D. SH ,rH M.D.L1C. # MEKD (FL)LINDA BARRERAS, K ..P , .B.C.LIC. # ARNPI> M1330 RIVERLAND ROADFORT LAUDERDALE. FL 33312-2961(954) 321-9826 TEL., (954) 321-96* FAXDEA #MAY CAUSE DROWSINESS/ NO ALCOHOLBATGH # MDIIOI I2.30 A.**%*****ul - tp , c. t gAM jjDDRESS DAT

RXILLEGALIF NOT SAFETY BLUE BAGKGROUNDRESISTS ERASURES AND ALTERAMONSILLEGAL APPEARSIF COp1EDa ' ( k% o oj ( %& .c:.:7

BROWARD MEDICAL CENTER OF DAVIE, INC.sTAc# H. KAR D.0.LIG. # OS (10()6295 (FL)DR. KISHOR 0. ,HETH M.D.Llc. # MEAD (FL)LINDA BARRERAS .F .P., .B.C.LIc. # ARNPI> K Z1330 RIVERLAND ROADFORT LAUDERDALE, FL 33312-2* 1(954) 321-9826 TEL.,(954) 321-4=* FAXDEA #MAY CAUSE DROWSINESF NO ALCOHOLBAKH # l1@1123FI:t1*jr yyAMQ AG' t:f qonqEss DATE Rx ILLEGAL IF N0T SAFETT BLUE BACKGROUNDRESISTS ERASURES AND ALTERATIONSILLEGAL APFEARS IF COPIED

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37/43

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

DF.A # - ..-. LIC. #BATCH g'MDII 1Q1tf 1M0118557.- k.y v-- o & rd 'AME . t .

ADDRESS DATERx ILLEGAL IF NOT SAFETY BLUE BACKGROUND8eSI TS E. RA- .SUR S-AN-D A-LTER 'l1O NS y. - / / / //kloEM k APPO S IF GOPIED f

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38/43

r v v H o o i N vd H 71 7v ID Hd S . H O O H H -HH SYH va G HI N d m jGary Hill DO License #:OS 8373 NPI : 134627) /.23 )

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



39/43

A L V o I D W H E N C D P N T I . F O R G E R Y S H E E T S R E V E7 .

'4$ t //z'x.. wN -,y SOUTHEASTERNN u x 1 N s R s 1 T vcslieqe ai bstecpathic keicineNSU Davie Internal Medicine3200 S University DriveDavie, FL 33328-2018Phone : (954)262-4100Fax : (954)262-3285

REFERRAL ORDER'' (t7. t'*. ';F;z : ' '' 1 ) 0 i'l 1 ') lr.)tR :' :'$ '' ; '1 L) () () ' L- ; i')J' . '- 't 'f ) ' '-:4 ) ' ;- t ( R QLl''* tr '? k 1 i S'; 2 (' - l'7?:t?.::J'G :.5 ..? ' ' O .) '') 1 ''':iil CqLtLz. ;z 1 1 ' ( - r : ';p f iq: *...10'7 ') '''!!o .F'i ' ': ;' 'A 1; 'E. ;; '.s . . x ..u : $Name : Traian Bujduveanu DOB: 12/11/19545601 W . Brow ard BlvdFod Lauderdale, FL 333170000Order Date : July 28. 2011

General Surgery.

Dx Code: 550.90.Dx Description : Unilateral or unspecified inguinal hernia, w ithout

') 4 r - t#, ' ! !' :: . J ' ' '' > r '. : ' . t': L ) ri : ); . ('t rt) q > ' - .) y(! '. . uj .'j : ' '1 C'. 's''.Uthr Ase iliit/t Til of bidr: '

Com m ents: left inguinal hernia

= > = jGary Hill DO License #:OS 8373 NPI : 1346277423Signature :

OBS0621110001IERAS ER -PR O O FOBS1

* 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



40/43

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

Nlva Soutk-e- UnivereCollege of ost- ao le M e ie er O S Un'enity DriveFL u udeu aK Fl 33328(954/624173

Patio t N a e:D.O- a - 2Encolm tel #;g .PY ' - = 'D* of- Smice;Evm ioation:Iodicau on'nw ltm gsare c1- of any acute alveoiar pn-n onic inflkate. n e head size is w4tu norvmxlh'mix. q'lxhilum, mMo' eioum D d tbe R xxs ap- unxeme nhle. n ere is ev- n'on of theright h*n*' 'apbrar .

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



41/43

W.,1' K 1, .r' '< . . .- . ....Mr . * *. T n e tte, >'$ gcoo (p-t 7i-0 .- .-Florida Php ician Service's

o.o = oz.eztr.p oxs/evczm

FER N AN DO E. BAYRO N, M D . P.ADiploiate, American Board of SttrgeryGeneral, Breast & Bariatric SurgefyBelmett M edical Plnzm201 N W 820d Avenue, Suite 405Plantation, Florida 33324Todays oate: z' - C''''CJ Jxame: z c- , o.zn L , ' .e zvz'o t'>

y''. en g t'r o / ;our surgery is scheduled o zz . - ' .gN .0 .. z...w .t 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 cllEclo m oFF BELO :1 t / / TELL THEM vou NEED TocALL: 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 SURGERYX DISCONTINUE: AN Y BLOOD THINNING M EDICATION : IBPROFEN, ASPIRIN,

' PLAVJX W ARFAIUN , CUM ADIN, VITAM IN E, NAPROXEN FOR 5 DAYSBEFORE 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/PCPPLEYSE CALL ME IF YOU NEED TO RESCHEDULE OR IF 1 CAN BE OF ANYASSISTAN CE TO YOU, O ND Y 954-472-1322

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42/43

1 -62J& lw7rta/AZ>m J,'p ocl-rc/-'i-c? .- ->.w >*** Tenet Florida Physician Services> . wFERNANDO E. BAYRON, M D. P.ADiploiat, American Board of SurgeryGeneral, Breast & Bariatric SurgeryBennett Medical Plaza

201 N W 82nd Avenue, Suite 405Plantation, Florida 33324. godays Date: d O /

....w ''szn / SY qzn t-pame: z'cuqv X .'



43/43

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Plaintiff's Response to Defendant's Motion to Dismiss Action for Failure to Appear at Deposition.

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