Birther sources are saying that Judge Malihi informed counsel that he was entering a default against Barack Obama on the grounds that Obama’s attorney didn’t show up. They say the plaintiffs requested a brief time to get their case on the record.
There are two plaintiffs represented by two attorneys who are saying this and for the time being, I’ll assume that it is true.
However, I’m not sure exactly what a default order means in this case. The rule says:
Any default order may provide for a default as to all issues, a default as to specific issues, or other limitations, including limitations on the presentation of evidence and on the defaulting party’s continued participation in the proceeding. After issuing a default order, the Administrative Law Judge shall proceed as necessary to resolve the case without the participation of the defaulting party, or with such limited participation as the Administrative Law Judge deems appropriate, and shall determine all issues in the proceeding, including those affecting the party in default.
So this is still wait and see.