Nolu Chan on Orly’s latest in Rhodes v McDonalds December 19, 2009
Posted by Exploring the Natural Born Citizen Clause in Jonathan Levy, Orly Taitz, Rhodes v McDonald.comments closed
Nolu Chan carefully shows why the claim that there were three sanctions is contradicted by the clear history of the case. Observing that Levy had an almost impossible case, the ‘three sanctions’ objection may appear to be somewhat desperate but there was nothing much to argue.
Nolu: Orly was given notice and an opportunity to respond. That is all that applies to this process. She was properly awarded sanctions.
Rhodes v McDonald – Appeal – Brief by Appellant December 18, 2009
Posted by Exploring the Natural Born Citizen Clause in Appeal, Jonathan Levy, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
Note: In a somewhat novel move, counsel is arguing that Orly was given three separate sanctions, however a closer scrutiny shows that there was only one sanction, and Orly was granted an opportunity to respond. PS Tesibira’s list of 60 failed court cases is cited… Win…
As a Friend of Politijab observes:
While your 3-sanction theory is creative, for Rule 11 purposes there was only a single sanction: the $20,000 fine. The fine was imposed pursuant to the court’s 9/18/09 order to show cause, which you have openly admitted provided your client with notice and an opportunity to respond. Since she had notice and an opportunity to respond to the 9/18/09 order, the fine imposed on 10/13/09 was done so in accordance with due process.
and
Citing to a case from the Supreme Court of the Commonwealth of the Northern Mariana Islands as the first citation of significance doesn’t strike me as good advocacy. It actually kind of made me giggle. Maybe that’s just me.
In other words, the first ’sanction’ was nothing more than a warning, the second ’sanction’ was an order to show cause, giving Orly the opportunity to respond, and the third one was the sanction, upped due to Orly’s failure to respond and her filing of a motion to recuse based on pretty far fetched arguments.
I also understand that the Appeals Court can in fact change the sanction if found appropriate.
No. 09 15418 BB
UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
____________________
CAPTAIN CONNIE RHODES, et al., Plaintiffs-Appellants,
vs. COLONEL THOMAS MACDONALD; et al.,
Defendant-Appellee.
__________________
APPELLANT ORLY TAITZ’S OPENING BRIEF
Appeal from Final Judgment of the United States District Court, Middle District of Georgia, Honorable Clayton Land District Court No. 4:09-cv-00106-CDL
Rhodes v McDonald 11th Cir – Motion to Stay and Motion for Leave to file out of time statement November 30, 2009
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Seems that Orly was too late to file the civil appeal statement and her motion to file for stay was also late.
| Date | Motion | Party | Emergency |
|---|---|---|---|
| 11/17/2009 | Motion for Leave to File Civil Appeal Statement Out of Time: (Atty: Jonathan Harris Levy) | Orly Taitz 29839 SANTA MARGARITA PKWY RCHO STA MARG, CA 92688-3616 (949) 683-5411 Fax: (949) 766-7036 drtaitz@yahoo.com |
No |
| 11/20/2009 | Motion to Stay Lower Court Action Pending Appeal: (Atty: Jonathan Harris Levy) | Orly Taitz 29839 SANTA MARGARITA PKWY RCHO STA MARG, CA 92688-3616 (949) 683-5411 Fax: (949) 766-7036 drtaitz@yahoo.com |
No |
Rhodes v McDonald 11th Cir – Docket November 30, 2009
Posted by Exploring the Natural Born Citizen Clause in Appeal, Rhodes v McDonald.comments closed
The 11th Circuit Court of Appeals has docketed the $20,000 sanction…
09-15418-BB
Connie Rhodes v. Thomas D. MacDonald
| Docket #: | 09-15418-BB |
| Short Style: | Connie Rhodes v. Thomas D. MacDonald |
| Docket Date: | 10/26/2009 |
| Lead Case: | |
| Agency: | |
| Nature of Suit: | Civil Rights: Other |
| Misc. Type: | |
| Clerk: | Camp, Jan |
| Clerk Phone: | (404) 335-6171 |
Rhodes v McDonald – Doc 36 – Here Comes the Judge November 13, 2009
Posted by Exploring the Natural Born Citizen Clause in Orly Taitz, Rhodes v McDonald.comments closed
CLAY D. LAND
UNITED STATES DISTRICT JUDGE
Rhodes v McDonald – Doc 35 – DEFENDANTS’ BRIEF IN RESPONSE TO THE COURT’S ORDER DATED OCTOBER 13, 2009 November 11, 2009
Posted by Exploring the Natural Born Citizen Clause in Orly Taitz, Rhodes v McDonald.comments closed
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CAPTAIN CONNIE RHODES, M.D.,
Plaintiff,
v.
COLONEL THOMAS D. MACDONALD
et al.
Defendants.
DEFENDANTS’ BRIEF IN RESPONSE TO THE COURT’S ORDER DATED OCTOBER 13, 2009
COMES NOW Defendants, by and through counsel, the United States Attorney for the Middle District of Georgia, pursuant to the Court’s Order dated October 13, 2009. Defendants respectfully submit the following brief addressing the government’s position as to the feasibility of the Court directing that the monetary sanction imposed upon counsel Orly Taitz be paid by the United States to the National Infantry Foundation at Fort Benning, Georgia. As set forth below, it is the government’s position that, notwithstanding the Court’s good intentions, the monetary sanction cannot be paid to the Foundation and must be paid into the United States Treasury.
(more…)
Orly gets legal counsel November 9, 2009
Posted by Exploring the Natural Born Citizen Clause in Orly Taitz, Rhodes v McDonald.comments closed
Atlanta:
The sanctions of Dr. Orly Taitz by Judge Land of the US District Court for the Middle District of Georgia last month should have set off alarm bells for every public interest attorney in the United States. Dr. Taitz’s position is that she was sanctioned $20,000 not for outrageous behavior but for her political viewpoints. She has also been a target for the federal judiciary who have made serious ethical and criminal accusations against her but have denied her and her clients including former US presidential candidate Alan Keyes due process on the their claims regarding President Obama’s citizenship and birth certificate.
Of course, Orly’s sanctions have nothing to do with her being ‘denied due process’ even though the Court followed the law when ruling it lacked jurisdiction. While Orly may claim that she was sanctioned for political viewpoints, the facts show otherwise.
Orly’s Sanctions Count-Down October 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
On October 13, Judge Land signed an order
Counsel Orly Taitz is hereby ordered to pay $20,000.00 to the United States, through the Middle District of Georgia Clerk’s Office, within thirty days of the date of this Order as a sanction for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure.
Today is November 11 and 1 days remain for Orly to pay her sanctions
Rhodes v McDonald – Notice of Appeal Filed October 21, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
Even though she is no longer counsel representing the plaintiff, Orly has filed a ‘Notice of Appeal’. Be prepared for the Appeals Court to slap on other sanctions.
10/20/2009 29 NOTICE OF APPEAL as to 21[RECAP] Order on Motion to Withdraw as Attorney, 13 [RECAP] Order on Motion for TRO, Order on Motion to Dismiss, 14 [RECAP] Judgment, 17 [RECAP] Order, 28 [RECAP] Order on Motion for Recusal, Order on Motion for Extension of Time (Misc) by Connie Rhodes. Filing fee $ 455, Receipt No.: 113G0000000000831915. (Taitz, Orly) (Entered: 10/20/2009)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CAPTAIN CONNIE RHODES, M.D. F.S.,
Plaintiff,
v.
COLONEL THOMAS D. MACDONALD, §
GARRISON COMMANDER, FORT § 4:09-cv-00106-CDL
BENNING, GEORGIA, §
GEORGE STEUBER, DEPUTY §
COMMANDER, FORT BENNING, §
DR. ROBERT M. GATES, UNITED §
STATES SECRETARY OF DEFENSE, § ATTORNEY’S
BARACK HUSSEIN OBAMA, de facto § NOTICE OF APPEAL
PRESIDENT of the UNITED STATES, § OF SANCTIONS &
Defendants. § RELATED ORDERS
Rhodes v McDonald – Doc 28 – Motion for recusal and extension of time denied October 13, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CONNIE RHODES,
Plaintiff,
vs.
THOMAS D. MACDONALD, Colonel,
Garrison Commander, Fort
Benning; et al.,
Defendants.
CASE NO. 4:09-CV-106 (CDL)
O R D E R
INTRODUCTION
Commenting on the special privilege granted to lawyers and the corresponding duty imposed upon them, Justice Cardozo once observed:
Membership in the bar is a privilege burdened with conditions. [A lawyer is] received into that ancient fellowship for something more than private gain. He [becomes] an officer of the court, and, like the court itself, an instrument or agency to advance the ends of justice.
People ex rel. Karlin v. Culkin, 162 N.E. 487, 489 (N.Y. 1928) (Cardozo, J., writing as Chief Judge of the New York Court of Appeals before his appointment to the United States Supreme Court) (internal quotation marks omitted).
Competent and ethical lawyers “are essential to the primary governmental function of administering justice.” Goldfarb v. Va. State Bar, 421 U.S. 773, 792 (1975). For justice to be administered efficiently and justly, lawyers must understand the conditions that govern their privilege to practice law. Lawyers who do not understand those conditions are at best woefully unprepared to practice the profession and at worst a menace to it.
Rhodes v McDonald – Doc 28 – Orly convinces Judge he was wrong!!! October 13, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
Instead of the $10,000 sanctions the Judge felt compelled by Orly’s response to double the sanction and forward the order to the California Bar
10/13/2009 28 ORDER denying 24 Motion for Recusal; denying 25 Motion for Extension of Time. Ordered by Judge Clay D. Land on 10/13/2009. (lra) (Entered: 10/13/2009)
Regrettably, the conduct of counsel Orly Taitz has crossed these lines, and Ms. Taitz must be sanctioned for her misconduct. After a full review of the sanctionable conduct, counsel’s conduct leading up to that conduct, and counsel’s response to the Court’s show cause order, the Court finds that a monetary penalty of $20,000.00 shall be imposed upon counsel Orly Taitz as punishment for her misconduct, as a deterrent to prevent future misconduct, and to protect the integrity of the Court.
…
The Court further directs the Clerk of this Court to send a copy of this Order to the State Bar of California, 180 Howard Street, San Francisco, CA 94105, for whatever use it deems appropriate
Rhodes v McDonald – Doc 25 – Certificate of Good Faith October 5, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
Note: Seems that Orly’s certificate of good faith expects Judge Land to recuse himself from the Rhodes v McDonald case rather than his order to show cause.
ATTORNEY’S CERTIFICATE OF GOOD FAITH
I, Orly Taitz, am an attorney licensed to practice law in the State of California, before the Supreme Court of the United States, and other Federal District Courts. I am in the process of seeking admission pro hac vice in the United States District Court for the Middle District of Georgia. I was the attorney for the Plaintiff in this case, Captain Connie Rhodes, and I have reviewed the law and the circumstances underlying Judge Clay D. Land’s conduct in connection with this cause. I agree that a reasonable person would be likely, if not almost certain, to conclude that Judge Clay D. Land’s rapid, in fact “lightening like”, disposition of this case was a result of preconceived, extrajudicial notions and pervasive bias based either on politics or on some other external factor having nothing to do with Captain Rhodes’s Complaint, Application(s) for Temporary Restraining Order, and Motion to Reinstate the same, because nothing in Judge Land’s orders that the Honorable Judge even read the first page of any of these documents, much less the prayer(s) for relief.
What will Judge Land do next?. October 4, 2009
Posted by Exploring the Natural Born Citizen Clause in Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
I am not a lawyer, but as anyone who has access to the Internet, I can make predictions based on the facts of the case as well as based on my best understanding of the Law and precedent. My predictions:
Judge Land will refuse to retroactively recuse himself from Rhodes v McDonald since Orly has no standing in this case as she no longer represents her Plaintiff. Remember that Orly filed for severance from her client, which Judge Land approved?
Judge Land will recuse himself from the Order to Show Cause why Orly should be sanctioned and have a Judge Magistrate rule on whether or not Orly should be sanctioned based on Orly’s filings including her motion for recusal.
The outcome will be, no retroactive recusal and the inevitable sanctions will be upheld and adjusted accordingly.
Rhodes v McDonald – Doc 24 – Motion for Recusal October 2, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
Note: Note that since Connie Rhodes has apparently dropped Orly as her Lawyer, Orly can no further represent her as a plaintiff in the case.
PS: Orly tried the same in Florida
08/06/2009 8 MOTION for recusal of District Judge Richard A. Lazzara by Stefan Frederick Cook. (BSN) (Entered: 08/06/2009)
08/06/2009 10 ENDORSED ORDER denying 8 Motion for Recusal as frivolous and wholly without merit. Signed by Judge Richard A. Lazzara on 8/6/2009. (DMB) (Entered: 08/06/2009)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
120 12th Street P.O. Box 124 Columbus, Georgia 31902
CAPTAIN CONNIE RHODES, M.D. F.S.,
Plaintiff,
v.
COLONEL THOMAS D. MACDONALD,
GARRISON COMMANDER, FORT
BENNING, GEORGIA,
GEORGE STEUBER, DEPUTY
COMMANDER, FORT BENNING,
DR. ROBERT M. GATES, UNITED
STATES SECRETARY OF DEFENSE,
BARACK HUSSEIN OBAMA, de facto
PRESIDENT of the UNITED STATES,
Defendants.
MOTION TO RECUSE THE HONORABLE CLAY D. LAND PURSUANT TO 28 U.S.C. §§144 and 455(a)
The undersigned Orly Taitz, former counsel to Plaintiff Captain Connie Rhodes files this Motion to Recuse pursuant to 28 U.S.C. §§144 and 455(a), in support of both theories of recusal. First, there is some circumstantial evidence that Judge Clay D. Land may have had extrajudicial and ex-parte contacts with Honorable Judge Clay D. Land’s public disclosures concerning his investments, it also appears to the undersigned that Judge Land may be disqualified because hethe Obama administration, in particular from Attorney General Eric Holder (See Affidavit, Exhibit A). Second, a preliminary review of the results of the has equity ownership of certain securities (e.g. Microsoft and Comcast) which are aligned both politically and economically with a key Defendant in this case, namely the de facto President of the United States, Barack Hussein Obama, in such a direct and personal way that it could be said that this Judge has a financial stake in the outcome of the former Plaintiff Captain Connie Rhodes’ original case-in-chief.
Judge Land – Let the smears begin September 29, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
When legal arguments fail, what else is one to do? Orly explains
Would vast investments of Judge Land suffer, if Obama is removed from office?
His reports filed for the years 2003-7 list investments in many of the largest companies backing Barack Obama, such as Microsoft and Comcast.
In his 2004 report he also lists and investment with Time Warner, Inc..
…
It is difficult to understand how, with so many varied investments, Judge Land has managed to avoid conflicts of interest in the numerous cases he has heard. Moreover, seeing that many of these companies would be impacted if the laws signed by Barack Hussein Obama’s were declared null and void, on account of his lack of eligibility for office, it also seems reasonable to ask why Judge Land did not recuse himself in the case Rhodes vs. Mac Donald.
Is Orly going to ask Judge Land to retroactively remove himself from the case?
Rhodes v McDonald – Motion to Witdraw Granted (with conditions) September 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
09/28/2009 21 ORDER granting 20 Motion to Withdraw as Attorney with conditions (see order for explanation). Attorney Orly Taitz terminated. Ordered by Judge Clay D. Land on 09/28/2009 (esl) (Entered: 09/28/2009)O R D E RPlaintiff’s counsel filed a motion to withdraw as counsel for Plaintiff (Doc. 20). Plaintiff apparently does not object to such withdrawal. (See Doc. 18.) Accordingly, counsel’s motion to withdraw is granted with the following conditions. Counsel remains subject to the jurisdiction of this Court for purposes of the Court’s show cause sanctions order and related proceedings, and Plaintiff remains subject to the jurisdiction of this Court for purposes of the Court’s previous order casting the court costs upon Plaintiff.
The Court further notes that this order shall not be construed to authorize Plaintiff’s counsel to breach any attorney-client privilege that may exist due to counsel’s representation of Plaintiff. Moreover, the Court notifies counsel that in issuing its show cause sanctions order, the Court did not rely upon the letter sent by Plaintiff purporting to discharge counsel (Doc. 18), nor does the Court intend to rely upon that document in future proceedings regarding sanctions against Plaintiff’s counsel. Whether Plaintiff expressly authorized counsel to file the motion for reconsideration is irrelevant to the Court’s determination of whether the filing was legally frivolous.
IT IS SO ORDERED, this 28th day of September, 2009.
Rhodes v McDonald – Orly learns to sign September 28, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
All it takes is a /s/, Orly’s a ‘quick learner’. But since she is dropping her client, where is her ‘proof of service’ (see update) to Connie Rhodes?
09/28/2009 Notice of Error in Filing (related document: 19 Motion to Withdraw as Attorney filed by Connie Rhodes ). DOCUMENT IS NOT SIGNED AND MUST BE RE-FILED ONCE EXECUTED WITH AN “S/signature”. (esl) (Entered: 09/28/2009)
09/28/2009 20 MOTION to Withdraw as Attorney by Connie Rhodes filed by Orly Taitz.(Taitz, Orly) (Entered: 09/28/2009)
Update: Seems I predicted well
09/28/2009 TEXT ONLY Notice of Error in Filing (related document: 20 Motion to Withdraw as Attorney filed by Connie Rhodes ). SIGNED CERTIFICATE OF SERVICE IS MISSING FROM DOCUMENT. PLEASE E-FILE AN EXECUTED CERTIFICATE OF SERVICE AND LINK IT BACK TO DOCUMENT 20. Failure to include service on Plaintiff will result in another Notice of Error in Filing. (esl) (Entered: 09/28/2009)
Rhodes v McDonald – Doc 19 – MOTION TO WITHDRAW AS COUNSEL September 26, 2009
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Note: And still not signed. Hilarious…
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMUS DIVISION
120 12th Street P.O. Box 124 Columbus, Georgia 31902
CAPTAIN CONNIE RHODES, M.D. F.S.,
Plaintiff,
v.
COLONEL THOMAS D. MACDONALD,
GARRISON COMMANDER, FORT
BENNING, GEORGIA,
GEORGE STEUBER, DEPUTY
COMMANDER, FORT BENNING,
DR. ROBERT M. GATES, UNITED
STATES SECRETARY OF DEFENSE,
BARACK HUSSEIN OBAMA, de facto
PRESIDENT of the UNITED STATES,
Defendants.
MOTION TO WITHDRAW AS COUNSEL
The undersigned attorney comes before this Court to respectfully ask for leave to withdraw as counsel for the Plaintiff Captain Connie Rhodes. The immediate need for this withdrawal is the filing of two documents of September 18, 2009, one by the Court, Document 17, and one apparently by Plaintiff Connie Rhodes, which together have the effect of creating a serious conflict of interest between Plaintiff and her counsel. In order to defend herself, the undersigned
counsel will have to contest and potentially appeal any sanctions order in her own name alone, separately from the Plaintiff, by offering and divulging what would normally constitute inadmissible and privileged attorney-client communications, and take a position contrary to her client’s most recently stated position in this litigation.
Rhodes to Court – Doc 18- I did not authorize filing September 18, 2009
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As if Orly has not enough trouble, her client has abandoned her and announces that she will be filing a complaint with the California Bar…
Rhodes v McDonald – Motion to Reconsider Denied September 18, 2009
Posted by Exploring the Natural Born Citizen Clause in Lawyers, Legal Cases, Orly Taitz, Rhodes v McDonald.comments closed
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION (pdf)
CONNIE RHODES,
Plaintiff,
vs.
THOMAS D. MACDONALD, Colonel, Garrison Commander, Fort Benning; et al.,
Defendants.
CASE NO. 4:09-CV-106 (CDL)
O R D E R
“It was deja vu all over again.” [1] In her most recent tirade, Plaintiff’s counsel seeks reconsideration of the Court’s order dismissing this action. Instead 2 of seriously addressing the substance of the Court’s order, counsel repeats her political diatribe against the President, complains that she did not have time to address dismissal of the action (although she sought expedited consideration), accuses the undersigned of treason, and maintains that “the United States District Courts in the 11th Circuit are subject to political pressure, external control, and . . . subservience to the same illegitimate chain of command which Plaintiff has previously protested.” (Pl.’s Emergency Req. for Stay of Deployment 2.)
