Keyes/Bowen v Obama
It’s September 8. The hearing in California District Court is over. Here are the results (thanks to Politijab.com):
- The issue of service. Seven months after filing the lawsuit, the defendants have been served with the complaint.
- Recusal of the Magistrate. Orly had demanded that the magistrate assigned recuse himself for not allowing her filing on technical grounds of an alleged Kenyan birth certificate (not to be confused with a different alleged Kenyan birth certificate that she filed later). Motion denied.
- Reinstatement of plaintiffs. Drake and Robinson have been reinstated as plaintiffs, but represented by lawyer Gary Kreep instead of Orly Taitz. Taitz and Kreep told the judge that they couldn’t work together; the judge told them they must.
- Dismissal. Hearing on the government’s motion to dismiss October 5, 2009.
In what seems a reference to Orly’s totally irregular expectation that she should present surprise witnesses at this procedural hearing this morning and litany of prior failure to follow rules and procedure, the judge in his scheduling order said:
In order “to secure the just, speedy, and inexpensive determination of every action,” Fed. R. Civ. P. 1, all counsel shall familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California.1 All civil actions or proceedings will be pre-tried according to Federal Rules of Civil Procedure 16 and 26 and applicable Local Rules.
In language that I am sure will be all over the Internet by tomorrow morning, the Judge also said:
Unless there is a likelihood that upon motion by a party the Court would order that any or all discovery is premature, the Court encourages the parties to begin discovery before the Scheduling Conference. The parties shall comply fully with the letter and spirit of Rule 26(a) and thereby obtain and produce most of what would be produced in the early stages of discovery, because at the Scheduling Conference the Court will impose tight deadlines to complete discovery. [Emphasis added.]
However, the judge is quoted in Court as saying: “No discovery can go forward while the motion to dismiss is pending.” The full Scheduling Order is here. Notes taken at the hearing are here [thanks to richCares for the link].
If this ever goes to trial, a tentative date of January 26, 2010 is set.
Expect this to be spun to the sky, but the above is all that happened.
According to WND Orly’s original service was correct. Guess they missed the whole – she had to serve them at the hearing, part.
Jean Schmidt reneges yet again on whether the President is a foreigner or not, telling a birther “I agree with you, but the courts don’t.” If members of Congress are allowed to lie this blatantly on where they stand, how do we know that they are not actually supporting what Orly does, crazy as it may be?
Well now we wait until October 4, 2009. I am glad Kreep is involved. No offense to Orly Taitz, she is passionate but here pleadings are not always perfect, (but then again who ever has perfect pleadings). I am just afraid that a bad mistake will get the case tossed when her determination has gotten it this far.
here’s wavy davey’s review of the proceedings, note that every ohter page is blank, just keep scrolling, it’s all there.
http://www.scribd.com/doc/19546743/KEYES-v-OBAMA-Motions-Hearing-8SEP-20091
[Scribd says “the document has been deleted”]
(but then again who ever has perfect pleadings).
The government has a pretty good track record so far…
I am just afraid that a bad mistake will get the case tossed when her determination has gotten it this far.
“This” far? Where it took her months to properly serve her suit, and is looking at a motion to dismiss (just like every other birfer suit)?
Why should you worry about any trial being granted against Obama’s eligibility? You have all said it is all frivilous and meritless so no one should have any fear of trial?
I tend to believe that is no so and many fear greatly about a trial.
The one word which will ultimately bring down Obama is “DISCOVERY”
Why should you worry about any trial being granted against Obama’s eligibility? You have all said it is all frivilous and meritless so no one should have any fear of trial?
Who has expressed any “fear”?
The AXJ folks are celebrating the Judge’s ordering discovery, so a certain spammer has told me.
example of projection not reality
kinda like “dems are afraid of Palin”
it don’t mean didley, just typical right speak!
The AXJ folks are celebrating the Judge’s ordering discovery
Interesting, as there’s no indication that the judge did so.
I’ve read that Judge Carter “really wants to hear this case on the merits” and isn’t inclined to grant the motion to dismiss.
Was I sniffing glue or didn’t I just read that the judge told Orly there couldn’t be any discovery until the motion to dismiss was considered? Have none of these people ever been involved in a legal proceeding? Heck, our county case system automatically schedules dates for hearings, pre-trial, trial when the case is filed. Bizarre. Gah, they sure hear what they want to hear don’t they.
I’m sure that most of us are quite confident that Obama would easily prevail on the merits, if this case ever were to be tried on its merits. We’ve simply been pointing out that it isn’t likely to get that far, because Orly has yet to get past the procedural impediments in any of the lawsuits which she has filed.
Anyone who believes that this case is going to trial in January is dreaming. The government was just served today. The government’s motion to dismiss is going to be heard a month before an Answer is due. The most likely outcome is that the lawsuit will be dismissed before the government has to file an Answer.
The other thing which legal neophytes do not understand is that in the unlikely event that discovery is allowed, it isn’t going to be a carte blanche invitation for Orly to engage in a a fishing expedition. The plaintiffs have to file their discovery demands, and the defendants have the opportunity to object to those demands. If this case ever gets to discovery, it will be very limited.
Yeah, the defendants have 60 days to file an Answer, and the Motion to Dismiss is being heard next month. So if the court does not dismiss the lawsuit, the Answer will then be filed in November. Then and only then the parties would begin arguing about what discovery will be allowed. Anyone who says that the court has ordered discovery is living in a fantasy world.
What kind of site is AXJ trying to push? Because it pretty strange mix of liberal european policies, but yet he is pimping the birther on AXJ-USA. It really makes no sense to a outsider.
Also I see they have placed your site on a rss feed. Weird
“…is living in a fantasy world.”
correction:
“…is living in Birther fantasy world.”
sorry, wavey davey link was changed, here is current link to summary of proceeding by wavt davey (scoll down as 1st page is blank:
http://www.scribd.com/doc/19547316/Keyes-v-Obama-Motions-Hearing-8SEP-2009
Thanks. That is soooo funny.
I am afraid I spend too much time on this business.
From a report on Orly’s site regarding the crowd at the court-house:
As far as crowd demographics the estimated age range is 18 to 80.
70% Men
30% Women
age 60+ seems to be the majority.’
Sadly, no word on how many of them were shakin’ their canes and yellin’ at kids to get off the lawn.
Also no word on which shirt Lucas was wearing.
Also no word on which shirt Lucas was wearing.
Money’s on the striped one.
wavey davey says there was about 120 people there – yet orly’s site says there were about 300. They count as good as they draft legal docs.
“yellin’ at kids to get off the lawn.”
Brilliant.
Orly should write in Russian. She’s clearly not comfortable in English.
I love her surprise witness trick. She thinks she’s another Perry Mason. That’s what happens when law school consists of correspondence and television.
Too much.
I think there is good reason to believe that the government knows damn well that Obama’s ineligible. They know we will have real mess on our hands if Obama is found to be ineligible. Obama’s attorneys think they can behind procedural legalisms to keep Obama in office.
John: “I think there is good reason to believe that the government knows damn well that Obama’s ineligible.”
Were you planning to share what those reasons are, or should we guess?
I think we have to guess…Kind of like JTX with Obama being subject to the BNA of 1948 but never explaining how British law can superceed US Law. As usual with the birthers we have to pick from the usual list of reasons….President Obama was born in Kenya/Canada, he was/is a British/Indonesian citizen, he is a Black Muslim, his COLB was forged, he does not meet the so called fake 2 parent requirement, he is/was a communist/socialist/nazi, he has hidden all of his so called records, or because we don’t like him.
It looks like the judge issued an entirely ordinary, boilerplate Initial Scheduling Order. The bit about encouraging early exchange of information, even before Rule 26 disclosures are due, is no comment on this case. In my experience here in Florida, though, a MTD doesn’t usually stay discovery.
Yeah, it doesn’t automatically stay discovery. Apparently, though, the government was going to file a motion to stay discovery until the MTD could be decided.
Yeah, it doesn’t automatically stay discovery.
The court is forcing the 26(f) conference because an answer has been filed. Is that common?
Great post. Here’s my take on it.
Item 4 appears to be incorrect, probably picked up from the inaccurate WND report. You can see the court’s order here;
http://tinyurl.com/mz8ku5
No mention of “ordering arguments to be submitted”. Rather, the court said:
(from page 6 of the Court’s order)
So there’s no discovery motion pending before Judge Carter — and anything further concerning discovery is to be handled by Judge Nakazato.
[This has been corrected and item 4 deleted. What appears in the article as item 4 now is what used to be item 5. Doc C.]
Hey, let’s not bad mouth TELEVISION LAWYERS. Last time I’ve checked, Perry Mason was never disbarred (FYI, I’ve disbarred TWO lawyers and I have a State Bar Client’s fund cheque to prove it), never co-mingled client’s assets, never inflated his resume, never showed up unprepared, never engaged in Ex Parte Communications to screw over his client, never doubled his clients for services never rendered, etc.
Misha, I have a solution: Pres. Obama invites CPT Barnett over the white house for a couple of beers just like the Prof and the Cop. None of this ‘single bottle beer’ crap. Pres. Obama sends me to the Liqour Store, I pick up a 40OZ of English 800, we sit on the white house lawn, we crank up the jams and pass the bottle around…it will be totally cool.
Last time I’ve checked, Perry Mason was never disbarred
When was Perry Mason barred? (And Perry Mason did occasionally commit misconduct, but the show would have been no fun had it dwelled on such issues.)
I pick up a 40OZ of English 800, we sit on the white house lawn, we crank up the jams and pass the bottle around
Obligatory “birthers aren’t racists” disclaimer in 5…4…3….
“What kind of site is AXJ trying to push?”
Organized confusion.
ORANGE COUNTY NEWS BLOG report on proceedings is here:
http://blogs.ocweekly.com/navelgazing/naranja-news/orlys-day-in-court/
and the report, they would have you believe, of the same hearing from Birferstan
“To:
Undisclosed-Recipient@yahoo.com
The expedited trial has been set for Jan. 26, 2010, just 4 1/2 months from now!
I and many other concerned veterans and citizens attended the hearing today in Federal Court in Santa Ana in the lawsuit against Barack Obama to determine his eligibility to be President and Commander in Chief. About 150 people showed up, almost all in support of the lawsuit to demand that Obama release his birth certificate and other records that he has hidden from the American people.
Judge David Carter refused to hear Obama’s request for dismissal today, instead setting a hearing date for Oct. 5, since Obama’s attorneys had just filed the motion on Friday. He indicated there was almost no chance that this case would be dismissed. Obama is arguing this lawsuit was filed in the wrong court if you can believe that. I guess Obama would prefer a “kangaroo court” instead of a Federal court! Assuming Judge Carter denies Obama’s motion for dismissal, he will likely then order expedited discovery which will force Obama to release his birth certificate in a timely manner (if he has one).
The judge, who is a former U.S. Marine, repeated several times that this is a very serious case which must be resolved quickly so that the troops know that their Commander in Chief is eligible to hold that position and issue lawful orders to our military in this time of war. He basically said Obama must prove his eligibility to the court! He said Americans deserve to know the truth about their President!
The two U.S. Attorneys representing Barack Obama tried everything they could to sway the judge that this case was frivolous, but Carter would have none of it and cut them off several times. Obama’s attorneys left the courtroom after about the 90 minute hearing looking defeated and nervous.
Great day in America for the U.S. Constitution!!! The truth about Barack Obama’s eligibility will be known fairly soon – Judge Carter practically guaranteed it!
Video from the press conference after the hearing coming soon. Congratulations to plaintiffs attorney Dr. Orly Taitz! She did a great job and won some huge victories today. She was fearless!
Jeff Schwilk, Founder ”
http://www.orlytaitzesq.com/blog1/?p=4224
Gotta luv those 3d glasses that lets you see the TRUTH
/facepalm
Yeah but since he didn’t simply laugh at Orly, kick her out and censure her, the Birthers look at this as a victory. 😀
CPTG wins the award for “Most Disparaging African-American stereotypes in a single sentence.” But birthers aren’t racists, oh, golly gee no. (Wouldn’t Molly bring her Pitcher?)
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That is some funny misha! did you notice how at the medal of freedom awards, Poitier didn’t let on hardly at all that he was standing with his son? ( That hug pretty much gave it away to me though.)
According to this recap, Judge Carter said that no discovery can go forward while the motion to dismiss is pending.
http://www.scribd.com/doc/19547316/Keyes-v-Obama-Motions-Hearing-8SEP-2009
“That is some funny misha!”
Did you notice, Apuzzo replied to me, to paraphrase, ‘you are not contributing anything constructive, just disrupting, hence why are you here?’
I replied “I am here for levity.” I showed it to my wife, and she was doubled over laughing. Just think, my wife has to live with this 24/7. She literally once said to me “Can’t you take anything seriously?” To which I replied, Yiddish style, “Are you serious?” Quited a change from her staid upbringing in China.
Remember, as a child, I was dragged to the remnants of Yiddish theatre in NY. You should have been in my grandfather’s house (where I was raised). Every question was answered with another question. “Why are you sick?” Answer: “Do I look like a doctor?”
Well thanks for reminding us all this really is just a big disgraceful joke. Some enjoy arguing all the legalisms, you enjoy pointing out the irony, the silliness, the joke of it all. And Mario needs to find his sense of humor because when even us two non-legal eagles can tell his argument is shiitake, he’s gonna be in trouble in the courtroom!
I would assume it’s the same reason why this sheriff was ineligible. (Youtube video at the link)