Case 1:08-cr-20612-PAS

Document 81

Entered on FLSD Docket 09/10/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-20612-CR-SEITZ Magistrate Judge John J. OSuliivan UNITED STATES OF AMERICA vs. TRAIAN BUJDUVEANU, Defendant. ________________________________/ GOVERNMENTS RESPONSE TO DEFENDANT BUJDUVEANUS MOTION FOR HEARING RE DETENTION ORDER (D.E.72), SUPPLEMENTAL MOTION FOR EVIDENTIARY HEARING (D.E.73), MOTION TO COMPEL EVIDENCE (D.E.74), MOTION FOR CLARIFICATION (D.E.75), and MOTION FOR NEW HEARING TO APPEAL DETENTION ORDER (D.E.76) The United States of America, through the undersigned Assistant United States Attorney, files this Response to the following pro se Motions filed by Defendant Bujduveanu: Motion for Hearing re Detention Order (D.E.72), Supplemental Motion for Evidentiary Hearing (D.E.73), Motion to Compel Evidence (D.E.74), Motion for Clarification (D.E.75), and Motion for New Hearing to Appeal Magistrates Detention Order (D.E.76). For the reasons that follow, this Court should deny the Motions. Defendant Bujduveanu was arrested in this case on June 21, 2008, and had his initial appearance before a United States Magistrate Judge on June 23, 2008. From the time of his initial appearance, Defendant Bujduveanu has been represented by counsel. See D.E. 10, Notice of Temporary Appearance by Bruce M. Lyons. On July 3, 2008, new counsel, attorney Mark Eiglarsh, entered an appearance on behalf of Defendant Bujduveanu. See D.E. 22, Notice of Attorney Appearance by Mark Eiglarsh. On July 15, 2008, Defendant Bujduveanu was arraigned on the indictment in this case, and, at the arraignment, Defendant Bujduveanu was represented by counsel,

Case 1:08-cr-20612-PAS

Document 81

Entered on FLSD Docket 09/10/2008

Page 2 of 3

Mark Eiglarsh. As far as undersigned counsel is aware, Defendant Bujduveanu continues to be represented by attorney Mark Eiglarsh, who has also filed two Motions on behalf of Defendant Bujduveanu, which are now pending before this Court. Southern District of Florida Local Rule 11.1.D.4 provides: Whenever a party has appeared by attorney, the party cannot thereafter appear or act on the partys own behalf in the action or proceeding, or take any step therein, unless an order of substitution shall first have been made by the Court, after notice to the attorney of such party, and to the opposite party; provided, that the Court may in its discretion hear a party in open court, notwithstanding the fact that the party has appeared or is represented by an attorney. In the instant case, as noted above, Defendant has been represented by counsel throughout all court proceedings in this case to date. Accordingly, the defendant cannot act on his own behalf by filing pro se motions without first seeking and obtaining a court order of substitution of counsel. Accordingly, this Court should deny all of Defendants pro se Motions because the Motions cannot be filed by Defendant on a pro se basis while he is represented by counsel. WHEREFORE, Defendant has filed the Motions in violation of the Local Rules of the Southern District of Florida, and, therefore, the United States respectfully requests that this Court deny the defendants pro se motions without a hearing and direct the defendant that any future motions must be filed through his attorney. Respectfully submitted, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY

By:

S/ Melissa Damian MELISSA DAMIAN ASSISTANT UNITED STATES ATTORNEY Fla. Bar No. 0068063 99 N.E. 4th Street, Suite 600 Miami, Florida 33132 Telephone: (305) 961-9018

Case 1:08-cr-20612-PAS

Document 81

Entered on FLSD Docket 09/10/2008

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CERTIFICATE OF SERVICE I hereby certify that on September 10, 2008, I electronically filed the foregoing with the Clerk of the Court by using the CM/ECF system which will send a notice of electronic filing to Mark Eiglarsh, counsel for Defendant Traian Bujduveanu.

Melissa Damian Assistant United States Attorney

S/ Melissa Damian Melissa Damian