Taitz in Mississippi Burning Part 6

Orly managed to have her case removed to the Federal Circuit after she filed an attempted RICO suit. Of course, now she is on the hook to actually file a RICO statement

04/25/2012 2 RICO Notice – The Plaintiffs shall file within twenty (20) days a RICO case statement. This statement shall include the facts the Plaintiff is relying upon to initiate this RICO complaint as a result of the “reasonable inquiry” required by Federal Rule of Civil Procedure 11. (ND) (Entered: 04/25/2012)

The other defendant is quick to move as well and both parties file their answers to the first amended complaint.

04/25/2012 3 ANSWER to Complaint (First Amended Complaint) by Secretary of State of Mississippi.(Matheny, Justin) (Entered: 04/25/2012)

The SOS of MS presents its defenses

FIRST DEFENSE

The Complaint fails to state a claim upon which relief may be granted.

SECOND DEFENSE

The Courts lack subject matter jurisdiction over the Petition.

THIRD DEFENSE

The Complaint should be dismissed for lack of standing, lack of ripeness, mootness, and/or as the Complaint otherwise asserts no justiciable right to relief.

FOURTH DEFENSE

The Complaint should be dismissed for failure to comply with Fed. R. Civ. P. 8 and 9(a) & (b) and/or Miss. R. Civ. P. 8 and 9(a) & (b).

FIFTH DEFENSE

The Secretary of State pleads all defenses which he is, or may become, entitled to assert pursuant to and/or arising under Miss. Code Ann. §§ 23-15-961, 23-15-963, 23-15-1089, including, but not limited to, Plaintiffs’ failure to comply with the jurisdictional and procedural requirements of those statutes, as well as any other applicable provisions of the Mississippi Election Code, and/or federal statutes.

SIXTH DEFENSE

Some or all of Petitioner’s claims are barred by estoppel, ratification, collateral estoppel, waiver, and/or laches.

SEVENTH DEFENSE

The Secretary of State pleads all defenses which he is, or may become, entitled to assert pursuant to and/or arising under 18 U.S.C. § 1961 et seq., and any other federal statute or the Constitution.

EIGHTH DEFENSE

The Secretary of State pleads all immunity defenses which are, or may become available to him, under state and/or federal law, including, but not limited to the defenses of qualified and absolute immunity.

The Democrat Party of Mississippi quickly joins the SOS in the removal

04/25/2012 4Joinder in Document by Democrat Party of Mississippi to 1Notice of Removal,, filed by Secretary of State of Mississippi (Begley, Samuel) (Entered: 04/25/2012)

And a few days later they file their answers

04/27/2012 5 ANSWER to Complaint (First Amended Complaint) by Democrat Party of Mississippi.(Begley, Samuel) (Entered: 04/27/2012)

FIRST DEFENSE

The Complaint fails to state a claim upon which relief may be granted.

SECOND DEFENSE

The Courts lack subject matter jurisdiction over the Petition.

THIRD DEFENSE

The Complaint should be dismissed for lack of standing, lack of ripeness, mootness, and/or as the Complaint otherwise asserts no justiciable right to relief.

FOURTH DEFENSE

The Complaint should be dismissed for failure to comply with Fed. R. Civ. P. 8 and 9(a) & (b) and/or Miss. R. Civ. P. 8 and 9(a) & (b).

FIFTH DEFENSE

The MDEC pleads all defenses which it is, or may become, entitled to assert pursuant to and/or arising under Miss. Code Ann. §§ 23-15-961, 23-15-963, 23-15-1089, including, but not limited to, Plaintiffs’ failure to comply with the jurisdictional and procedural requirements of those statutes, as well as any other applicable provisions of the Mississippi Election Code, and/or federal statutes.

SIXTH DEFENSE

Some or all of Petitioner’s claims are barred by estoppel, ratification, collateral estoppel, waiver, and/or laches.

SEVENTH DEFENSE

The MDEC pleads all defenses which it is, or may become, entitled to assert pursuant to and/or arising under 18 U.S.C. § 1961 et seq., and any other federal statute or the Constitution.

EIGHTH DEFENSE

The MDEC pleads all immunity defenses which are, or may become available to it, under state and/or federal law, including, but not limited to the defenses of qualified and absolute immunity.

NINTH DEFENSE

The MDEC pleads all defenses which it is, or may become, entitled to pursuant to Fed. R. Civ. P. 8(c) and/or 12(b), as well as Miss. R. Civ. P. 8(c) and/or 12(b).

On April 27, 2012, the MS SOS files a motion for judgment on the pleadings. They include failure to comply with the requirements of 23-15-963, failure to state a valid claim for relief, and lack of jurisdiction of the court to enjoin the SOS from carrying out its duties.

04/27/2012 8 MOTION for Judgment on the Pleadings by Secretary of State of Mississippi (Matheny, Justin) (Entered: 04/27/2012)

2. Plaintiffs’ claims regarding the November 2012 Mississippi general election should be dismissed because they have failed to comply with the requirements of Section 23-15- 963, which are jurisdictional and mandatory. Furthermore, they have failed to state a valid claim for relief as courts do not have jurisdiction to enjoin the Secretary of State from carrying out his duties required by Mississippi law.

Similarly, Orly failed to comply with the requirements of section 23-15-961, failed to state a valid claim for relief and mootness.

3. Plaintiffs’ claims regarding the 2012 Mississippi presidential preference primary should be dismissed because they failed to comply with the requirements of Section 23-15-961, which are jurisdictional and mandatory. Furthermore, they have failed to state a valid claim for relief as courts may not compel the Secretary of State to undo the election results. Additionally, any claims as to the presidential preference primary are moot because the election has already taken place.

As to RICO, the SOS claims that Orly failed to assert any valid RICO claims, and failure to meet the pleading requirements.

4. Plaintiffs have not asserted any valid RICO claims against the Secretary of State. Their First Amended Complaint expressly disavows making any such claims against him. Furthermore, to the extent plaintiffs ever intended to assert any such RICO claims against the Secretary of State, they have failed to meet the pleading requirements imposed by Fed. R. Civ. P. 8 and 9.

MEMORANDUM in Support re 8 MOTION for Judgment on the Pleadings filed by Secretary of State of Mississippi (Attachments: # 1 Exhibit A – A list of more than 100 known lawsuits challenging or related to President Obamas eligibility to be President, including approximately 50 rejected by federal courts, # 2 Exhibit B – April 1, 2012 Email correspondence)(Matheny, Justin) (Entered: 04/27/2012)