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Taitz motion to reconsider in Barnett denied

Orly Taitz

Orly Taitz

In a tersely worded order dated October 4, 2009, Judge David O. Carter denied Orly Taitz’s motion to reconsider his dismissal of the Barnett v. Obama lawsuit. Judge Carter said, in essence, that  the motion to reconsider was mostly the same old stuff she presented before.

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 a claim on their remaining causes of action, stands.

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2 Responses to Taitz motion to reconsider in Barnett denied

  1. avatar
    Black Lion December 7, 2009 at 12:48 pm #

    Hilarious article regarding this issue from the Post and Fail site….

    “Carter’s ruling was sternly criticized from coast-to-coast, and even overseas, for the rancor and injustice of his logic, which was in fact nothing more than a “shut up and obey the Dictator” mandate. The Post & Email published several analyses and editorials about Carter’s Ruling.”

    Criticized by whom? Leo? What legal authority? What is Charlton smoking…

    “That Judge Carter received affidavits against Taitz and issued a de facto judgment against her character, made it all too obvious that he was never honest with the Plaintiffs in his promises to them in July, that they would get a fair trial before his bench. Many spectators who attended the hearings in Santa Ana remained convinced that he had been mortally threatened in some manner before the October hearing, since on that occasion the entire tenor of his voice and character were noticeably weakened.

    That Carter does not even have the decency to face the woman whom he so cruelly and underhandedly maligned in an official court document will remain the penultimate blow against his good name and character: utterly emptying them both of all substance and firmly establishing Judge David O. Carter as one of the most infamous justices to sit on a Federal Bench in the History of the American Republic.”

    http://www.thepostemail.com/2009/12/01/judge-carter-is-afraid-to-face-orly-taitz/

    This guy writes like he is working for FOX news…

    “The drama surrounding all aspects of the case Barnett vs. Obama, however, pails in comparison with the fraud, criminality, usurpation and tyranny being imposed upon the country by Barack Hussein Obama, who entered into the White House by means of the rigging of the Democratic primaries and numerous lies and obfuscations regarding his personal history and eligibility.

    The persistent fact that Judge Carter has not dismissed the case with prejudice, indicates also that the Plaintiffs can undertake similar action in Federal court to pursue their claims of injury.”

    http://www.thepostemail.com/2009/12/05/carter-denies-the-motion-for-reconsideration-in-barnett-vs-obama/

  2. avatar
    JoZeppy December 7, 2009 at 2:34 pm #

    “The persistent fact that Judge Carter has not dismissed the case with prejudice, indicates also that the Plaintiffs can undertake similar action in Federal court to pursue their claims of injury.”

    Why am not surprised a birther has no idea what the law actually says and means. The fact that Judge Carter has not dismissed the case with prejudice does not mean Orly can keep refiling the same case over and over again. That will get her more sanctions. It merely means if she can ever craft a pleading that resolves the issue of standing, she would then have the possiblity of refiling.