DC – Taitz v Donahue – FOIA Summary Judgment

Raicha, at the Fogbow, exposes the latest problems with Orly’s filings

Once again demonstrating complete incompetence:

Orly Taitz filed a motion for summary judgment in this case. To win a motion for summary judgment, the moving party must show that there are no triable issues of fact. Therefore, there should be no trial and the case should be decided in their favor based on the law applied to undisputed facts.

The defendants opposed the motion for summary judgment.

Orly Taitz filed this reply. And claimed that there are three issues of triable fact.

What a total maroon.

In other words, Orly has argued that there are triable issues of fact, even though she is asking for summary judgment, totally undermining her own positions. Wonderful…

Butterfly Bilderberg provides us with a nice overview of what a motion for summary judgment should look like:

  • Summary Judgment Standard. “[A] party seeking summary judgment always bears the initial responsibility of informing the . . . court of the basis for its motion, and . . . [must] demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
  • Admissible Evidence Required. Any materials supporting the motion for summary judgment that would not be admissible in evidence at trial over a proper objection, assuming the presence in the courtroom of all testifying witnesses, will be disregarded, unless the Court in its discretion either (a) gives a party an additional opportunity to support an assertion of fact or an objection to an assertion of fact, or (b) considers a fact as undisputed for purposes of the motion where the other party failed to object that the material cited does not properly support the fact.
  • Authentication of Documents. Each document offered in support of the motion for summary judgment generally must be authenticated, unless the party opposing the motion proffers the same document in support of that party’s response, or the Court in its discretion decides to consider the document where the other party failed to object on grounds of failure to authenticate the document. The movant must lay a foundation in an affidavit to establish that the affiant has the requisite personal knowledge and competence to authenticate the documents attached to the affidavit.
  • Argument is Not Evidence. Neither argument in a legal memorandum or brief, nor argument in oral argument, is evidence.
  • All Material Facts Must be Supported by Admissible Evidence. The Court may find that the movant has not established there is no genuine issue as to a fact if the fact is not supported by admissible evidence. If that fact is sufficiently material it could result in denial of summary judgment. Before filing a motion for summary judgment, review the supporting materials against the statement of undisputed facts to make sure each and every fact identified as an undisputed fact is supported by admissible evidence.