Main Menu

A note on Taitz v Astrue

Orly’s web site is back up with an article about her case in DC, Taitz v Astrue. The article (the most recent on the site) is dated May 17.

Taitz believes that she served the Government with her first amended complaint on March 24, and that the Government was obliged to reply within 30 days. Because the Government didn’t reply within the 30 days, she has filed for a default judgment.

The court denied the motion (nothing on Orly’s site about this). Judge Lamberth’s handwritten note says “no proof of service; only proof of mailing.” The court had earlier (April 8th) noted on the service of the first amended complaint: “The court notes that the mailing was sent to an improper address for the U. S. Attorney, and time to respond doesn’t run until the U. S. Attorney is properly served.”

Read more:

 

, ,

17 Responses to A note on Taitz v Astrue

  1. avatar
    BouquetofRoses May 27, 2011 at 12:18 am #

    ….And the circus show continues!!! LOL!

  2. avatar
    Daniel May 27, 2011 at 2:28 am #

    There’s considerable discussion on her site in the comments where even other birthers are trying to point this out to her

  3. avatar
    US Citizen May 27, 2011 at 3:33 am #

    Does Orly do these things on purpose or is she truly incompetent?
    It’s clear she puts up posts indicating she has a case even though it’s been dismissed.
    Could this not be Orly deliberately filing things she knows will be rejected just to impress her followers?
    I don’t think there’s any question she’s both dishonest and incompetent, but not sure she’s doing this deliberately.

  4. avatar
    Paul Pieniezny May 27, 2011 at 3:40 am #

    One of her wingnutters at her site asks why Israel and other foreign nations continue to treat Obama as President of the United States, while they all know he is s usurper. They must be blackmailing him.

    One of the blackmailers must be Sergey Kislyak, Russian Ambassador to the United States (whom I met at one time, when he was Ambassador in Belgium). He actually saw Obama’s US passport. Well, a scan of it, since the original remained at Perm Airport. But we know from the PDF wingnuttery that a scan is more important than the original, of course.

    Doc, you have two misprints in your text. Tatiz and Lambreth. That last typo is actually very frequent on the web, and having seen Lamberth’s signature, I can understand why.

  5. avatar
    Thrifty May 27, 2011 at 10:05 am #

    I don’t get it. So the problem is that Orly tried to serve notice of a lawsuit via mail, but that can only properly be done via in person delivery?

  6. avatar
    katahdin May 27, 2011 at 10:15 am #

    Considering all the malware on Taitz’s site it would be a good idea to warn unwary readers who might click on the link.

  7. avatar
    Dr. Conspiracy May 27, 2011 at 12:49 pm #

    katahdin: Considering all the malware on Taitz’s site it would be a good idea to warn unwary readers who might click on the link.

    As far as I know, Orly’s site is no longer infected.

  8. avatar
    Fred May 27, 2011 at 1:03 pm #

    US Citizen:
    Does Orly do these things on purpose or is she truly incompetent?
    It’s clear she puts up posts indicating she has a case even though it’s been dismissed.
    Could this not be Orly deliberately filing things she knows will be rejected just to impress her followers?
    I don’t think there’s any question she’s both dishonest and incompetent, but not sure she’s doing this deliberately.

    She is a hard core racist! But there isn’t just one kind. She is one that can tolerate people of color but not in positions of power. She refused to be driven by an NBC driver who came to pick her up for an appearance last year. The guy was black. Her excuse….she thought it was ‘suspicious’…..Coincidence?

    But, her unwielding racism is only matched by her incompetence. So all the gaffes are part incompetence mixed with raw racism generated crazy power and doing anything and everything to generate attention. Just one big ole mixing bag of crazy.

  9. avatar
    Rickey May 27, 2011 at 1:10 pm #

    Thrifty:
    I don’t get it.So the problem is that Orly tried to serve notice of a lawsuit via mail, but that can only properly be done via in person delivery?

    United States Attorneys’ Manual Chapter 4-2.000

    http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/2mciv.htm

    4-2.300

    Service of Process
    Service upon the United States requires: (1) service upon the United States Attorney in the manner specified by Fed. R. Civ. P. 4(i)(1)(A); and (2) “by also sending a copy of the summons and of the complaint by registered or certified mail to the Attorney General of the United States at Washington, District of Columbia.” Fed. R. Civ. P. 4(i)(1)(B).

    The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77(j). United States Attorneys have no authority to accept service on behalf of the Attorney General. In any action attacking the validity of an order of an officer or agency of the United States not made a party to the suit, service must be made “by also sending a copy of the summons and of the complaint by registered or certified mail to the officer or agency.” Fed. R. Civ. P. 4(i)(1)(C).

    For general information on service of process issues, see the Civil Resource Manual at 43. For information regarding service on government officers in official capacity, agencies and corporations, see the Civil Resource Manual at 44.

    Fed. R. Civ. P. 4(i)(1)(A

    To serve the United States, a party must:

    (A)

    (i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought — or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk — or

    (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney’s office;

    (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and

    (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer.

    (2) Agency; Corporation; Officer or Employee Sued in an Official Capacity.

    To serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.

  10. avatar
    Critical Thinker May 27, 2011 at 5:14 pm #

    Dr. Conspiracy: As far as I know, Orly’s site is no longer infected.

    Yes, but it will be infected again very soon.You see, she can’t do anything about it because all her web site infections are part of usurper Obama’s plan to keep us from knowing the truth, and her web site is jam packed with truth.

  11. avatar
    BatGuano May 27, 2011 at 6:28 pm #

    Critical Thinker: …all her web site infections are part of usurper Obama’s plan to keep us from knowing the truth,….

    obama only wants people with macs to know the truth? that’s pretty sneaky.

  12. avatar
    GeorgetownJD May 27, 2011 at 11:06 pm #

    Orly still has not filed a proper return of service, but even if she did mail a copy of the summons and first amended complaint and it was signed for by the US Attorney’s Office on April 3, Orly still has a problem — the First Amended Complaint was not filed until five days later. IOW, she jumped the gun. The only service that counts is the process that was finally achieved in late April, and the defendant answered less than 30 days after that (with a comfortable couple of days to spare).

  13. avatar
    Greg May 27, 2011 at 11:31 pm #

    All her base are belong to us!

  14. avatar
    richCares May 28, 2011 at 1:54 am #

    How many OMG failures does it take for Orly to lose her followers?

  15. avatar
    Zixi of Ix May 28, 2011 at 3:59 am #

    Dr. Conspiracy: As far as I know, Orly’s site is no longer infected.

    On May 21st, a Freeper posted a thread titled “Possible Orly Taitz Website Virus”, saying that it was infected, and that he (she) found out their hard way. I won’t post his (her) screen name, but as of right now, it’s still there.

  16. avatar
    Daniel May 28, 2011 at 4:05 pm #

    richCares:
    How many OMG failures does it take for Orly to lose her followers?

    Never underestimate the loyalty of fools.

  17. avatar
    Majority Will May 28, 2011 at 8:41 pm #

    Daniel: Never underestimate the loyalty of fools.

    Cases in point: serial killer groupies.