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Keyes/Barnett v Obama – 9th Cir. App. Doc 1-3 – Kreep November 18, 2009

Posted by Exploring the Natural Born Citizen Clause in Appeal, Gary Kreep, Keyes v Obama (Docs).
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Note: Answering brief due: June 2010

11/17/2009 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND CADS: No. The schedule is set as follows: Transcript due for Orig Clerk USDC, Santa Ana on 03/16/2010. Certificate of record due 03/23/2010. Appellant Wiley S. Drake and Appellant Markham Robinson opening brief due 05/03/2010. Appellee Joseph R. Biden, Appellee Hillary Rodham Clinton, Appellee Robert M. Gates, Appellee Barack Hussein Obama and Appellee Michelle L.R. Obama answering brief due 06/02/2010. Appellant’s optional reply brief is due 14 days after service of the answering brief. [7133162] (JN)

11/17/2009 2 Filed Appellant’s Representation Statement. Served on 11/16/2009. [7133182] (JN)

11/17/2009 3 Filed Appellants Wiley S. Drake and Markham Robinson Civil Appeals Docketing Statement. Served on 11/16/2009. [7133184] (JN)

Keyes/Barnett v Obama – Doc 94 – Kreep: Notice of Appeal November 17, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs).
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11/16/2009 94 NOTICE OF APPEAL to the 9th CCA filed by Plaintiffs Markham Robinson, Wiley S Drake. Appeal of Order on Motion to Dismiss Case 89[RECAP] . (Filing fee $455, receipt number 09730000000006158038.) (Attachments: # 1 Supplement Representation Statement and Service List, # 2 Supplement 9th Circuit Court of Appeals Docking Statement, # 3 Exhibit District Court Order Being Appealed)(Kreep, Gary) (Entered: 11/16/2009)

Keyes/Barnett v Obama – Doc 89 – Motion to dismiss Granted October 30, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.
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Dismissed !!!!

10/29/2009 89 ORDER by Judge David O. Carter: REGARDING DEFENDANTS’ MOTION TO DISMISS 56 : (See document for details.) Defendants’ Motion to Dismiss is GRANTED. IT IS SO ORDERED. (MD JS-6. Case Terminated) (rla) (Entered: 10/29/2009)

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

Captain Pamela Barnett, et al.,
Plaintiffs,
v.
Barack H. Obama, et al.,
Defendants.
CASE NO. SACV 09-0082 DOC (ANx)

O R D E R REGARDING DEFENDANTS’ MOTION TO DISMISS

Before the Court is Defendants President Barack H. Obama (“Obama” or “President”), Michelle Obama, Hillary Clinton (“Clinton”), Joseph Biden (“Biden”), and Robert Gates’ (“Gates”) (collectively, “Defendants”) Motion to Dismiss. After considering the moving, opposing, reply, and sur-reply papers, as well as the parties’ oral argument, the Court hereby rules as follows.

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Breaking News October 23, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.
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Es increíble! ¡Orly Taitz ha ganado! ¡Come mierda, Obama!

By WIRE SERVICES

Story Published: Oct 23, 2009 at 8:50 PDT

SANTA ANA — In a move that has the Plantiffs “amazingly overjoyed,” Judge David O. Carter has turned down the Government’s motion for Dismissal in the case of Barnett vs. Obama.

“This is a victory for democracy and the people of America,” Rancho Santa Margarita-based attorney Orly Taitz said after this morning’s early meeting in the Judge’s offices.

“This means that, come January, the President of the United States will be forced to come into this same courtroom and explain his massive fraud to the American people.”
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Keyes/Barnett v Obama – Doc 87 – Request for Judicial Notice October 22, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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10/22/2009 87 REQUEST FOR JUDICIAL NOTICE filed by Defendants Michelle LR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(West, Roger) (Entered: 10/22/2009)

Defendants, by and through their undersigned attorneys, hereby request the Court to take Judicial Notice, pursuant to Federal Rule of Evidence 201, of the recently issued Order and Opinion in Kerchner v. Obama, CV 09-253 (United States District Court for the District of New Jersey 2009). True and correct copies of that Order and Opinion are attached to this Request as Exhibits A and B.

Keyes/Barnett v Obama – Official Hearing Transcript October 5 October 16, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.
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Keyes/Barnett v Obama – Hearing 'transcript' October 5, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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Thanks to a variety of contributors at Politijab.com, we present 33 pages of entertaintment

Barnett v. Obama – Report on 10-5 Hearing

OCWeekly reports on Oct 5 hearing October 5, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Lawyers, Orly Taitz.
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Tales Of Suicide And Tyranny From Orly Taitz In Santa Ana By Spencer Kornhaber

Explaining that there are two issues pending: Standing and Justiciability

Taitz, showing her unfamiliarity with the Constitutional concept of standing, is quote as having claimed that ”    all taxpayers have been standing to enforce the Constitution”.

Keyes/Barnett v Obama – Doc 73 – DEFENDANTS’ REPLY MEMORANDUM TO OPPOSITION FILED BY PLAINTIFFS DRAKE AND ROBINSON September 25, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

CAPTAIN PAMELA BARNETT, et al.,
Plaintiffs,
v.
BARACK H. OBAMA, et al.
Defendants.

No. SACV 09-00082 DOC (ANx)

DEFENDANTS’ REPLY MEMORANDUM TO OPPOSITION FILED BY PLAINTIFFS  DRAKE AND ROBINSON

I.  Introductory Statement

Plaintiffs Wiley Drake and Markham Robinson, through their counsel, Gary Kreep, timely filed their Opposition to Defendants’ Motion to Dismiss.  As the following discussion will demonstrate,
the Opposition fails to demonstrate that this Court has subject matter jurisdiction of this action, because it fails to establish that Plaintiffs have standing herein, or that this case presents
justiciable questions.  In addition to the foregoing, these Plaintiffs utterly fail to address the following arguments made by Defendants:

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Keyes/Barnett v Obama – Doc 68 – Joint Report Rule 26(f) September 22, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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09/21/2009 68[RECAP] JOINT REPORT Rule 26(f) Discovery Plan filed by Defendants Michelle LR Obama, Hillary Rodham Clinton, Robert M Gates, Joseph R Biden, Barack Hussein Obama, Interested Party UNITED STATES OF AMERICA.. (West, Roger) (Entered: 09/21/2009)

Keyes/Barnett v Obama – Doc 63 – Scheduling Rule 26(f) conference September 15, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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Note: Orly’s letter to Mr DeJute ignores basically the ex-parte motion to have Discovery delayed and insists that he accepts her schedule. Orly also requests that Gary Kreep resigns as co-counsel!!

Messrs. David A. DeJute & Roger West
Office of the United States Attorney

Mr. Gary Kreep
U.S. Justice Foundation
VIA FACSIMILE:

Dear Mr. DeJute:

I am writing this letter in an effort to comply with both the letter and the spirit of Judge Carter’s Orders of September 8, 2009, but also of Rules 26, 29, and 30-34 of the Federal Rules of Civil Procedure in Civil Action 2009cv00082-DOC.

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Keyes/Barnett v Obama – Doc 64 – KEYES v OBAMA – 64 – OPPOSITION TO APPLICATION FOR LIMITED STAY OF DISCOVERY September 15, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases.
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Note: A remarkably well written response by Gary Kreep. I cannot understand why Orly has filed a motion to have Kreep removed from the case. In fact, Kreep did manage to sign the motion…

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA (SOUTHERN) DIVISION

CAPTAIN PAMELA BARNETT, 
et al.,
Plaintiffs, 
v.
BARACK HUSSEIN OBAMA,
et 
al., 
Defendants

This response to Defendants’ Ex Parte Application for Limited Stay of 
Discovery is limited to the issues affecting Plaintiff’s Markham Robinson and Dr. 
Wiley Drake.  It is our understanding that Dr. Taitz will be addressing the issues 
affecting her clients in her response to this Ex Parte Application.

(more…)

Keyes/Barnett v Obama – Judge Carter on Taitz/Kreep issue September 14, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.
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Judge Carter in his September 08 motion focuses also on the disagreements between Orly Taitz and two of her former clients who sought representation by Gary Kreep. Kreep filed a Declaration with the Court to vacate the “voluntary dismissal” filed on behalf of his two clients by Orly Taitz.

Counsel Taitz refused to sign the substitution of attorney form presented to her by Plaintiffs Robinson and Drake. This action was improper because a client has the right to fire a lawyer at any time, with or without cause. Fracasse v. Brent, 6 Cal.3d 784 (Cal. 1972). Counsel’s actions became even more objectionable when Counsel, apparently with full knowledge that Plaintiffs wished to remain in the present litigation with different counsel, chose to take further action on behalf of those clients and have them dismissed from the action.

OCRegister – Drake and Kreep on Taitz September 10, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Bowen, Lawyers, Legal Cases, Orly Taitz.
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Martin Wisckol at the Orange County Register reports:

Drake complained that Taitz’s paperwork errors have delayed proceedings.

“Orly is getting overwhelmed,” Drake said. “We all make mistakes, but she is in over her head.”

Taitz’s initial complaint was sent back to her by the court for being incomplete, as was a filing last week alleging the possession of a Kenyan birth registration for Obama – a document experts have dismissed as a forgery.

Among omissions in the more recent document was such basic information as Taitz’s bar number. In another recent filing by Taitz, her own name was misspelled as “Orley.”

“I rest my case,” Drake said.

Drake and Robinson are now being represented by Gary Kreep, who has previously worked for abortion foes and is counsel for the Minuteman Civil Defense Corps. Kreep said he is looking to make changes to Taitz’s filings.

“There were some problems with the initial complaint,” he said. “It needs to be amended to make the case stronger.”

Keyes/Barnett v Obama – Doc 45 – Ex Parte Application for Order Dismissing September 10, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA (SOUTHERN) DIVISION

CAPTAIN PAMELA BARNETT,
et al.,
Plaintiffs,
vs.
BARACK HUSSEIN OBAMA, et al.,
Defendants

EX PARTE APPLICATION FOR ORDER VACATING THE VOLUNTARY DISMISSAL OF PLAINTIFFS MARKHAM ROBINSON AND WILEY S. DRAKE

Plaintiffs Markham Robinson and Dr. Wiley S. Drake (hereinafter referred to as “PLAINTIFFS”), through their attorney, Gary G. Kreep, hereby respectfully submit this ex parte application to the Court for an order vacating the Notice of Voluntary Dismissal without Prejudice (hereinafter referred to as “NOTICE”) that was filed by Dr. Orly Taitz on August 1, 2009 on the following grounds:

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Keyes/Barnett v Obama – Sept 8 Hearing September 8, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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Get your own copy of the hearing notes here

Morning: The first indications are that the court is moving through a backlog of cases and that the hearing will likely be delayed by a few hours.

Noon: Still no updates as to the hearing. I assume the Court will recess for lunch.. Oops wrong, the update for 11:00 came in at 12:50.

12:50 Case was called at 11:00AM when judged itemized three issues: 1. service of process 2. Drake/Robinson 3. Motion for recusal. So far the only issue dealt with was 1. where West (DeJute’s boss at the DOJ) accepted that service had been effected. The Judge then went over the whole service fiasco.

1:00 Judge forced Kreep and Orly to work together on count 2. Two down, one to go…

1:05 Orly lost on all motions. Details will follow when I receive the final courtroom updates.

In the mean time, enjoy WorldNet Daily’s misunderstanding in Panic in D.C.? Justice urges birth suit tossed: Late motion filed by feds as case ready for hearing.

The late motion as they call it, is in fact a timely motion for the October 5 hearing on the actual complaint. The September 8 hearing is a mere formality to discuss the motion to remove the judge Magistrate, the continued inability by Orly to correctly serve the defendants and the motion by Gary Kreep to reinstate two dropped clients of Orly’s.

Drake dumps lawyer Taitz in suit challenging Obama birthplace August 15, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Just Plain Weird, Keyes v Obama, Lawyers, Legal Cases, Orly Taitz.
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Orange County Register reports that all is not well amongst the birthers.

Drake dumps lawyer Taitz in suit challenging Obama birthplace: But the attorney says he can’t fire her because she’s kicked him off the case.

Orly Taitz, the Mission Viejo lawyer trying to get Barack Obama thrown out of office, says she’s had enough of two of her clients in the case and will continue without them.

Whoa, say the two.

“This is our case,” said Buena Park Pastor Wiley Drake, one of the two plaintiffs Taitz has unilaterally tried to have removed from the case.

The lawsuit challenges Obama’s birthplace and his legitimacy as president. The latest chapter in the drama started when Drake and Markham G. Robinson notified Taitz that they were replacing her as counsel. Taitz continues to represent 40 other plaintiffs in the federal case filed in Santa Ana….

Drake and Robinson are now being represented by Gary Kreep, who has previously worked for abortion foes and is counsel for the Minuteman Civil Defense Corps. Kreep said he is looking to make changes to Taitz’s filings.

Keyes v Obama – Notice of Voluntary Dismissal August 1, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Obama, Keyes v Obama (Docs), Lawyers, Legal Cases, Orly Taitz.
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Note: Two of the plaintiff’s in Keyes v Obama have, via their counsel Gary Kreep, petitioned the court to have their names removed from Orly’s filing

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA (SOUTHERN) DIVISION

Rule 41(a)(1)(A)(i) Notice by Wiley S. Drake and Markham G. Robinson  Notice of Voluntary Dismissal, SACV09-00082-DOC (ANX),
Filed August 1, 2009
PLAINTIFF WILEY S. DRAKE & MARKHAM G. ROBINSON  RULE 41(a) NOTICE OF VOLUNTARY DISMISSAL without PREJUDICE

Plaintiffs Wiley S. Drake and Markham G. Robinson have communicated through their preferred counsel Gary G. Kreep that they do not wish to be represented by the undersigned counsel and that they do not wish to work with her any more, in that they initially disapproved of filing in Federal Court.

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2009-01-19 – Keyes v Obama – COMPLAINT FOR DECLARATORY ACTION, INJUNCTION, AND COMMON LAW WRIT OF ALTERNATIVE MANDAMUS March 22, 2009

Posted by Exploring the Natural Born Citizen Clause in Executive Order 13488, Gary Kreep, Keyes v Obama, Lawyers, Legal Cases, Myths.
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CENTRAL DISTRICT OF CALIFORNIA
Santa Ana Division

Alan Keyes, PhD., Wiley S. Drake, and Markham Robinson,

Plaintiffs

v.

Barack H. Obama, a/k/a Barack H. Obama, II a/k/a Barry Obama, a/k/a Barry Soetoro; Condoleeza Rice, in her capacity as Secretary of State; Robert Mueller, in his capacity as Director of the Federal Bureau of Investigation; and Michael W. Hager, in his capacity as Acting Director, Office of Personnel Management; and DOES 1-100
Defendants.

Civil Action No.

COMPLAINT FOR DECLARATORY ACTION, INJUNCTION, AND COMMON LAW WRIT OF ALTERNATIVE MANDAMUS

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Keyes v Obama – Minute Order – Court Confirms Tentative Ruling March 13, 2009

Posted by Exploring the Natural Born Citizen Clause in Gary Kreep, Keyes v Bowen, Lawyers, Legal Cases, Orly Taitz.
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Court Ruling

Court Ruling

keyes-minute-order (PDF)

SUPERIOR COURT OF CALIFORNIA,
Time: 09:00:00 AM
COUNTY OF SACRAMENTO
GORDON D SCHABER COURTHOUSE
Date: 03/13/2009 Dept: 31
Judicial Officer Presiding: Judge Michael Kenny
Clerk: Susan Lee
Bailiff/Court Attendant: Greenwood, Derek
Reporter: K Van Winkle#6500
Case Category: Civil – Unlimited
Case Init. Date: 11/13/2008
Event Type: Hearing on Demurrer – Writ of Mandate
Case Title: Ambassador Dr Alan Keyes vs. California
Secretary of State Debra Bowen
Case No: 34-2008-80000096-CU-WM-GDS
Moving Party: President Elect BarackObama, Vice President Elect JoeBiden
Causal Document & Date Filed:Demurrer, 02/23/2009

Appearances:
Gary G. Kreep is present for the petitioners.
Peter A. Krause, Deputy Attorney General is present for Respondent, California Secretary of State
Debra Bowen.
Michael J. Strumwasser and Aimee Dudovitz are present for Respondents, President-elect Barack
Obama, Vice President-elect Joe Biden and the California electors.

COURT RULING

The matter is argued and submitted.
The Court affirms the tentative ruling.