Orly versus West December 26, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Orly Taitz.4 comments
Orly versus the facts argued
ng:
- During the October 5 motion hearing pursuant to the motion to dismiss due to lack of jurisdiction, the moving parties, the assistant US attorneys David DeJutte and Roger West have argued that they believe that the proper jurisdiction for this case is the District of Columbia.
The facts
From the Oct 5 hearing page 8 lines 13-23:
“THE COURT: And then in your argument you stated that minimally if the Court disagreed, it should be transferred to the D.C. District.
MR. WEST: No, Your Honor. The quo warranto — the plaintiffs have made the argument that the quo warranto aspects of this case should be transferred to the D.C. District. We have not suggested that that be transferred. If the — if, in fact, they wish to bring a quo warranto action, they should bring an original one in the D.C. District.
THE COURT: Thank you.”
Page 18 lines 7-14:
“MR. WEST: I don’t believe that quo warranto is applicable to the President of the United States. I would not concede that. However, if it were, the only statute that we know of that would cover this kind of a situation would be the D.C. statute. But I think that we’re not conceding at all that quo warranto would apply to the President of the United States.”
Where Orly and Charlton fail to read or comprehend December 19, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Unable to read the record, Orly had wondered if the ruling was indeed final and/or with prejudice and petitioned the Court for clarification. If she had just read the dismissal order and the defendants’ motion to dismiss, she would have known… Charlton’s claim that “Carter alters Oct. 29th ruling, ex post facto” has to be rejected for being at odds with the facts. Will he ‘print’ a retraction or correction?
From the defendant’s motion to dismiss, October 5, 2009:
Defendants, by and through undersigned counsel, hereby move this Court pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for an order dismissing plaintiffs’ action against them with prejudice.
From the Judge’s dismissal order October 29, 2009:
Therefore, for the reasons stated above, Defendants’ Motion to Dismiss is GRANTED.
Keyes/Barnett v Obama – Doc 104- Clarification December 16, 2009
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12/16/2009 104 MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: CLARIFYING ORDER GRANTING MOTION TO DISMISS OF OCTOBER 29, 2009: The Court is in receipt of Plaintiffs’ Motion for Clarification 103[RECAP] regarding whether the October 29, 2009 Order was a dismissal with or without prejudice. The Courts dismissal of Plaintiffs First Amended Complaint on October 29, 2009 was a dismissal without leave to amend and with prejudice. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 12/16/2009)
Considering that Federal Rules of Civil Procedure indicate that the statement, “dismissed with prejudice,” closes a case in such a way as to prevent the filing of a new action or the filing of an amended complaint to continue the case with a modified claim, Dr. Taitz’s filing gave the court the benefit of the doubt, and considered all the injustice and dishonesty already shown by Judge Carter as something that, in view of greater issues, could be overlooked for the present.But no such honor was to be found sitting at Judge Carter’s desk of tyranny.
Keyes/Barnett – Motion for Clarification December 11, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Orly Taitz.comments closed
I guess, we can’t blame Orly for asking the Court for help interpreting the rules. Not yet on the docket
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
Captain Pamela Barnett, et al.,
Plaintiffs,
v.
Barack Hussein Obama,
Michelle L.R. Obama,
Hillary Rodham Clinton, Secretary of State,
Robert M. Gates, Secretary of Defense,
Joseph R. Biden, Vice-President and President of the Senate,
Defendants.
Motion For Clarification
On 10.29.09. this court has issued an order granting the defendant’s motion to dismiss.
Orly – Angry Bob December 5, 2009
Posted by Exploring the Natural Born Citizen Clause in Just Plain Weird, Keyes v Obama, Orly Taitz.comments closed
On Orly’s blog, which still appears to be doing random redirects, we find a posting by someone named “Bob” or “Mike”
No bias grounds ? So hiring as your law clerk a person who works for the firm that defends Obama in all of these cases, in your opinion, does not present even the hint of bias or even unethical behavior on your part ? Unbelievable.
I understand “BoB”’s anger but the facts show that only in a few cases President Obama had Perkins-Coie represent him. So I am not sure what “Bob” means by “in all of these cases”. Furthermore, Perkins Coie is a large lawfirm and finally, the Clerk, although starting in October, was likely hired well before the case came before Judge Carter. And finally, unless the clerk involved was actually helping Carter with this case, there is no bias or unethical behavior on Judge Carter’s part. And if Orly believed it was improper, why did she fail to file a motion for Judge Carter to recuse himself? Even Orly may not have felt that there was a foundation for such and in fact, she does not even appear to be blaming the Judge as much as the DOJ.
Keyes/Barnett v Obama – Doc 101 – Reconsideration Denied December 5, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Note: Ahhh.. So unexpected…
12/04/2009 101 MINUTES (IN CHAMBERS) ORDER Denying Plaintiffs’ Amended Motion for Reconsideration by Judge David O. Carter 90 . (See Order for details) (db) (Entered: 12/04/2009)
After reviewing the moving and opposing papers, the Court finds no factual, legal, or bias grounds upon which to grant the motion for reconsideration. Counsel largely repeats the same arguments made in her briefing and oral argument on the Motion to Dismiss, which is prohibited. To the extent that she does present new argument, it is without merit and does not meet the standard for reconsideration. The Court’s ruling that it lacks jurisdiction, and that Plaintiffs have failed to state aclaim on their remaining causes of action, stands.
Keyes/Barnett v Obama – Doc 100 – Letter to Judge Carter… December 3, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
1. I am over 18 years old, I am a resident of Orange County, California, I am of sound mind and free of any mental disease and psychological impairment.
2. From 11.11.09. until 11.22.09. I was a delegate at the Continental congress 2009.
3. On 11.16.09. I met a guest speaker at the Congress Mr. John Samson, retired Immigration officer and currently a private investigator in the state of Colorado.
4. In my presence Mr. Samson ran the background report for Mr. Barack Obama attached as exhibit.
5. The report showed Mr. Obama’s date of birth to be 08.01.09. and not 08.04.09.
6. The report showed Equatorial Guinea as ethnicity.
I solemnly swear under penalty of perjury that all the facts stated and circumstances described above are true and correct statements.
Further declarant saith naught.
/s/ Orly Taitz 12.03.09.
What Orly forgets is the following disclaimer
In other words, the data in this so called on line background report is not warranted to be free from errors and its value is limited. You get what you pay for when doing an online ‘background’ investigation.
Keyes/Barnett v Obama – Doc 99 – Motion for Reconsideration: No Need for Oral Argument November 30, 2009
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11/30/2009 99[RECAP] MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: taking under advisement 90Motion for Reconsideration. The Court finds matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set December 7, 2009 at 8:30 a.m. is removed from the calendar. Parties will be served with the Courts ruling. (ade) (Entered: 11/30/2009)
Orly – Tampering with Docket ? November 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Orly has written another fascinating posting
Tampering with docket-Important
Posted on | November 30, 2009 | No Comments
this letter was sent to Judge Carter by a concerned citizen on 10.26.09. It showed how a party, believed to be an attorney from a large prestigious law firm has doctored the docket of my case in front of judge Carter in order to poison the public opinion and poison the jury pool. I cannot confirm the findings. The party asked to be anonymous as much as possible, therefore I don’t provide his name as the moment. He has sent a copy of his letter to FBI. Since the letter came out on the 10.26.09., it should have been received by judge Carer on 10.27.09. What happened? Why did judge Carter’s order on 10.29.09. included baseless slander and defamation of my character which was made by convicted forgers and felons without an opportunity to respond on my part, while on the other hand there was no mention of such serious allegations and evidence of doctoring the docket and evidence, reportedly done by an attorney? Did judge Carter know about this letter? Did he burry it? Or was the letter burried by the clerks and never shown to judge Carter? Why didn’t FBI do a thing after this report? My clients and I are waiting for answers and action to remedy this travesty.
The letter in question outlines an accusation against a poster named Nolu Chan who presented a marked-up document based on Orly’s 88-2 filing to show that the links in the sidebar disproved Orly’s assertions in DOC 88-2
DOC 88-2 Keyes v Obama – Exhibit A – AP Newswire Re Obama Kenyan Born
BELOW is a copy of DOC 88-2 with the sidebar linked pages appended. I used the PDF as submitted to the Court by Orly and appended the links using Adobe Acrobat. The page purported archived on June 27, 2004 shows links to pages from future dates.
DOC 88-2 Keyes v Obama – Exhibit A – With Sidebar Links Appended by nolu chan
You cannot make up this stuff. I wonder how patient Judge Carter will be…
Barnett v Obama – Opinion officially published in the Federal Supplement November 20, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama.comments closed
From our friends at Politijab.com
Judge Carter’s opinion has been officially published in the Federal Supplement. It will be immortalized and forever known from now on as Barnett v. Obama, — F.Supp.2d — (C.D.Cal. 2009).
Keyes/Barnett v Obama – Doc 98 – Opposition to Amended Motion for Reconsideration November 19, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Note: Short and to the point
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)
OPPOSITION TO AMENDED MOTION FOR RECONSIDERATION
Defendants, by and through their undersigned counsel, hereby set forth their opposition to Plaintiffs’ “Motion for Reconsideration of Order to Dismiss Under Rule 59E and Rule 60.” Rule 7-18 of the Local Rules of the Central District of California provides as follows:
“Motion for Reconsideration. A motion for reconsideration of the decision on any motion may be made only on the grounds of (a) a material difference in fact or law from that presented to the Court before such decision that in the exercise of reasonable diligence could not have been known to the party moving for reconsideration at the time of such decision, or (b) the emergence of new material facts or a change of law occurring after the time of such decision, or (c) a manifest showing of a failure to consider material facts presented to the Court before such decision. No motion for reconsideration shall in any manner repeat any oral or written argument made in support of or in opposition to the original motion.”
Plaintiffs’ Motion for Reconsideration completely violates, both procedurally and substantively, the above-quoted Local Rule, and, accordingly, should be summarily denied.
Respectfully submitted,
DATED: November 19, 2009
GEORGE S. CARDONA
Acting United States Attorney
LEON WEIDMAN
Assistant United States Attorney
Chief, Civil Division
/s/ Roger E. West
ROGER E. WEST
Assistant United States Attorney
First Assistant Chief, Civil Division
/s/ David A. DeJute
DAVID A. DeJUTE
Assistant United States Attorney
Attorneys for Defendants
Keyes/Barnett v Obama – Doc 96 – Notice of Deficiency November 19, 2009
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11/17/2009 96 [RECAP] NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected RE: MOTION for Reconsideration 89[RECAP] 93 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (twdb) (Entered: 11/18/2009)
Sloppy and somewhat embarrassing. Although the Court did not direct her to refile, she appears to have done so anyway.
Nolu Chan Explores Orly’s Motion to Reconsider November 17, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Orly Taitz.comments closed
Nolu Chan demonstrates the lack of attention to detail in Orly’s latest filings
At pp. 2-3, her Memorandum of Points and Authorities becomes amusing when subject to slight scrutiny. Below is the relevant passage of Orly, featuring two case citations, and I have scribd the opinions of both cited cases, Hamid and Milgard Tempering.
Here, Orly makes all sorts of fantastic claims based on the alleged “newly discovered fact” that Judge Carter hired a new clerk who had been employed by the large firm of “Perkins Coie, a law firm representing the defendant in this case, Mr. Obama.” That phrasing is delightfully ambiguous. Does it infer Perkins Coie representation in this case, or does it say Obama is the defendant in this case, and Perkins Coie was involved in some other case representing Obama?
Notably, Perkins Coie never represented President Obama in this case. As noted by the Court in DOC 89, at page 28,
Keyes/Barnett v Obama – Doc 93 – Motion to Reconsider November 17, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
11/16/2009 93 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case 89 filed by plaintiffs Clint Grimes, Julliett Ireland, D Andrew Johnson, Israel D Jones, Timothy Jones, David Fullmer LaRoque, Gail Lightfoot, Lita M Lott, David Grant Mosby, Steven Kay Neuenschwander, Frank Niceley, Jerry ONeil, Robert Lee Perry, Harry Riley, Jeffrey Wayne Rosner, Jeffrey Schwilk, David Smithey, John Bruce Steidel, Douglas Earl Stoeppelwerth, Eric Swafford, Neil B Turner, Richard E Venable, Jeff Graham Winthrope, Mark Wriggle, Alan Keyes PhD, Pamela Barnett, Richard Norton Bauerbach, Robin D Biron, John D Blair, David L Bosley, Loretta G Bosley, Harry G Butler, Glenn Casada, Jennifer Leah Clark, Timothy Comerford, Charles Crusemire, Cynthia Davis, Thomas S Davidson, Matthew Michael Edwards, Jason Freese, Kurt C Fuqua. Motion set for hearing on 12/7/2009 at 10:00 AM before Judge David O. Carter. (Attachments: # 1 Declaration Declaration of Orly Taitz re basis for the motion for reconsideration, # 2 Declaration Declaration of Orly Taitz, # 3 Declaration Declaration of Orly Taitz re attempt for meet and confer, # 4 Declaration Coroners report and declaration of Donald Young)(Taitz, Orly) (Entered: 11/16/2009)
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).comments closed
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 93.3 – Orly’s Declaration November 16, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Note: Orly denying some accusations, even though evidence that she encouraged people to contact the Court have been published. She also denies some of the accusations made by Larry Sinclair and Lucas Smith, although she does not respond to all their accusations.
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
Captain Pamela Barnett, et al.,
Plaintiffs,
v.
Barack Hussein Obama,
Michelle L.R. Obama,
Hillary Rodham Clinton, Secretary of State,
Robert M. Gates, Secretary of Defense,
Joseph R. Biden, Vice-President and
President of the Senate,
Defendants.
Civil Action: SACV09-00082-DOC-AN
Motion for Reconsideration
Declaration of Orly Taitz
1. My name is Orly Taitz. I am over 18 years old, am of sound mind and free of any mental disease or psychological impairment of any kind or condition.
2. I am a citizen of the United States of America and a resident of the state of California.
Orly contradicting herself? Imagine that. November 16, 2009
Posted by Exploring the Natural Born Citizen Clause in Just Plain Weird, Keyes v Obama, Orly Taitz.comments closed
In her latest filings in Barnett, Orly cites the following to show that she should have standing because she filed after Obama was sworn in, despite having argued that she was suing Obama as a private person because she filed on the day of the Inauguration…
Second important ruling in Berg is the fact that judge Sloviter brings forward Robinson v McCain 567 F Supp 2d at 1147. Judge Sloviter agrees with the findings in Robinson in that during the election the case is unripe, meaning there is no injury until the candidate takes office. Logical conclusion will be that the undersigned counsel was correct in bringing the current case on the inauguration day as it would be unripe previously and there was no fault of counsel, no latches.
Keyes/Barnett v Obama – Doc 92 – Opposition to motion for reconsideration November 14, 2009
Posted by Exploring the Natural Born Citizen Clause in Keyes v Obama, Keyes v Obama (Docs), Orly Taitz.comments closed
Short and powerful response pointing out the many rules Orly has failed to follow. Do these people read politijab.com by any chance.
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)
OPPOSITION TO MOTION FOR RECONSIDERATION
[NO HEARING DATE YET NOTICED BY PLAINTIFF]
Defendants, by and through their undersigned counsel, hereby set forth their opposition to Plaintiffs’ “Motion for Reconsideration of Order to Dismiss Under Rule 59E and Rule 60.”
Keyes/Barnett v Obama – Doc 91 – Request for Judicial Notice November 13, 2009
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A hastily written and horribly argued request was submitted by Orly Taitz
In his [Ed: Judge Sloviter is female] opinion judge Sloviter finds that though the election is over, the court has jurisdiction to hear it as it “fits squarely” as an issue “capable of repetition yet evading review”. Merle v US, 351, 3d 92,94 (3d Cir 2003) Based on this argument there is Article 3 jurisdiction to hear the case as long as the plaintiff can show standing with specialized injury.
A contributor on Politijab explains the facts
Only Orly could possibly think that this is good for her…..
And
Merle v US coming out of the third district, 351,3d, 92,93, (3rd circuit 2003)
And to noone’s surprise the citation has no relevance. From Politijab again we learn
For those interested in reading Merle v. United States, here is a link. The case is inapposite to Barnett because Mr. Merle, a postal worker who wanted to run for Congress and retain his job during the campaign (but was prohibited by the Hatch Act) had ………… you guessed it. Standing. Thus, the court could move to the issue of the mootness doctrine and the “capable of repetition yet evading review” exception. IOW, “capable of repetition” is NOT part of the standing inquiry, as The Dentist argues.
Orly Debunked – Claim 15 Lack of Jurisdiction – Keyes/Barnett November 11, 2009
Posted by Exploring the Natural Born Citizen Clause in Just Plain Weird, Keyes v Obama, Orly Taitz.comments closed
Claim 15: Your honor did not state that the undersigned was wrong in her assessment, but rather stated in presence of 50 observers, that if the undersigned does not serve Mr. Obama the way the government wants, the US attorney will appeal and the case will be sitting in the 9th Circuit Court of Appeals for a year, that if the undersigned counsel agrees to serve Mr. Obama the way the government wants, Your Honor promises that the case will be heard on the merits and will not be dismissed on technicality.
In fact, the Court strongly hinted that Orly was wrong and that he had already ruled against her once and was about to do the same. Furthermore, subject matter jurisdiction is not a technicality but rather renders any judgment void. In addition, subject matter jurisdiction cannot be waived.
Orly still does not seem to understand the difference between personal jurisdiction: was the defendant properly served and subject matter jurisdiction.