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Running out of snappy Mississippi titles

Sorry, my Muse Titulare has abandoned me; Orly Taitz, however, always provides something to write about.

Are you being served?

Taitz has filed papers with the Federal District Court in Mississippi in the case of Taitz v. Democrat Party of Mississippi, saying that plaintiff Social Security Commissioner Michael Astrue is in default, and that she should get Obama’s social-security records as a reward. One may presume that if Astrue didn’t answer her complaint, then he wasn’t properly served; however, Taitz gives an account of his service [Link to Taitz web site] first by email to an attorney (who didn’t respond) and second by a professional process server. Taitz points to her docket entry 54-1 in the case as proof of service. It looks all very professional, but there is a problem. The October 9, 2012, proof of service is captioned: “AFFIDAVIT OF PROCESS SERVER In the Marion County Superior Court in the State of Indiana,” and the Case is styled Dr. Orly Taitz, Esq., et al v Elections Commission, et al.  Curiously, there is a Marion County in Mississippi, but Taitz didn’t file suit there (the Indiana case has been dismissed). There is a case number on the notice of service, but it is not for the Mississippi case either. The only thing on the document list that fits Mississippi is this item from a long list of the papers served: “First Amended Complaint – Petition for an Emergency Injunction from General Election, Declaratory Relief, Treble Damages in RICO,” which is the name of the first amended complaint in Mississippi (filed April 19, 2012). I looked at the Mississippi Court Docket, and there was a summons for Astrue, but from the proof of service, it is questionable whether this summons was ever served on Astrue, even if a proper copy of the complaint was.  Who knows what was actually served on Astrue? You’re guess is as good as mine.

Taitz is demanding “post-default discovery” to get at Obama’s records. Some have suggested that this is a made-up term by Taitz, but it is just another way of saying “post-judgment discovery” which appears under FRCP 69(a)(2), although this is discovery to aid the execution of the judgment, not to prove the facts of a case. Before any of this applies, the Court must enter a default judgment against Astrue (See Ixotic AG v. Kammer, E. Dist. NY 2009). There is no way Taitz is going to get a default judgment with that messed up proof of service.

Destroying evidence

Our next bit is the curious allegation made by Taitz that an organization described as part of the criminal conspiracy, but not made a party to the Mississippi case, that nest of all things making fun of Orly Taitz, The Fogbow forum, is destroying evidence. Here’s what Taitz said in her motion for default against Astrue:

Without a motion to compel Taitz would not be able to obtain necessary information. Additionally, now there is evidence of defendants and their accomplices  spoliating, destroying evidence. Recently some of the RICO co-conspirators took down a website “Fogbow” with a clear intent to destroy evidence. Similarly, Affidavits of Investigator Zullo (Exhibit 4)  and Expert Irey (Exhibit 5 ) show a pattern of obstruction of Justice, evasion of law enforcement, tampering with evidence.

The Fogbow is not a defendant in the suit, and for the record, The Fogbow and its great mother of all Orly Taitz insult threads, “Orly’s latest poopies..…,” is still there, all 28,613 posts of it. (Apparently it was down briefly this morning.) It would appear to me that Taitz is just needlessly multiplying the proceedings, perhaps to make it seem to the followers on her web site that there is some progress in the case.

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36 Responses to Running out of snappy Mississippi titles

  1. avatar
    Andrew Vrba, PmG December 11, 2012 at 10:57 pm #

    How about “Orly Taitz’s Mississippi Mud-butt”?

    Hrmm…maybe not.

  2. avatar
    Rickey December 11, 2012 at 11:37 pm #

    Orly’s ignorance of the rules cannot be overstated.

    “Judgment Against the United States. A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.”

    http://www.law.cornell.edu/rules/frcp/rule_55

    And even if she got her default (and she almost certainly failed to effect proper service), it wouldn’t get her a look at Obama’s Social Security records. Orly doesn’t understand that a default judgment can’t grant her relief which she isn’t entitled to.

  3. avatar
    Dr. Conspiracy December 11, 2012 at 11:56 pm #

    I have added this paragraph to the article:

    Taitz is demanding “post-default discovery” to get at Obama’s records. Some have suggested that this is a made-up term by Taitz, but it is just another way of saying “post-judgment discovery” which appears under FRCP 69(a)(2), although this is discovery to aid the execution of the judgment, not to prove the facts of a case. Before any of this applies, the Court must enter a default judgment against Astrue (See Ixotic AG v. Kammer, E. Dist. NY 2009). There is no way Taitz is going to get a default judgment with that messed up proof of service.

  4. avatar
    Andrew Vrba, PmG December 12, 2012 at 12:09 am #

    I really wish someone would give her a post-default slap upside the head.

  5. avatar
    John Reilly December 12, 2012 at 12:40 am #

    I ran a Google search. As we know, stuff which appears on the Internet is evidence of something or other. I used the following search terms: Social Security Administration Service Process. Within a second or two, I found that to serve Mr. Astrue in his official capacity you need to serve someone in Baltimore.

    http://law.justia.com/cfr/title20/20-2.0.1.1.13.html

    Now I’m not a lawyer. But if I could figure this out, one guesses a Rhesus monkey could figure it out. Or any teenager. Probably any Moldovan teenager.

    But not Dr. Taitz.

    If Dr. Taitz reads this, she is just 60 days or so from getting Mr. Astrue’s motion to dismiss. President Obama will be in the third week or so of his second term.

  6. avatar
    nbc December 12, 2012 at 1:07 am #

    John Reilly: I used the following search terms: Social Security Administration Service Process. Within a second or two, I found that to serve Mr. Astrue in his official capacity you need to serve someone in Baltimore.

    http://law.justia.com/cfr/title20/20-2.0.1.1.13.html

    Bravo… well done… After reading Orly’s latest I have come to appreciate how clueless she really is.

  7. avatar
    John Reilly December 12, 2012 at 1:32 am #

    That Dr. Taitz is clueless was diagnosed by our own eminent doctor, Doc.

    “Clueless?

    First, it is not clear whether Orly has ever even served a defendant properly except perhaps in the case of Barnett v. Obama where Judge David O. Carter told Taitz to sit down with the US Attorney that was in Court and to get it done. An attorney who can’t even serve a complaint could be described as clueless. ”

    A Rhesus monkey, teenagers, and even Modovan teenagers can learn from past experience. Dr. Taitz, howver, having been chastised numerous times by courts for failing to serve people properly, downright refuses to learn.

  8. avatar
    Thrifty December 12, 2012 at 5:30 am #

    “Homer, I guess you win by default…”

    “Default? Woo hoo! The two sweetest words in the English language! DE FAULT! DE FAULT! DE FAULT!”

  9. avatar
    Northland10 December 12, 2012 at 7:06 am #

    Being such a thorough attorney, she certainly made sure to mention a related case where she was denied access to said records and such case was affirmed by the appeals court. I could not possibly imagine that she would not be open and honest with the court about a related case.

    I suspect counsel for the defense might be kind enough to point this out for her, should she have possibly forgotten.

  10. avatar
    Keith December 12, 2012 at 7:07 am #

    Thrifty:
    “Homer, I guess you win by default…”

    “Default?Woo hoo!The two sweetest words in the English language!DE FAULT! DE FAULT! DE FAULT!”

    Not sweeter than “Da Plane! Da Plane!” shirley.

    or “Da Bears”

  11. avatar
    The Magic M December 12, 2012 at 7:13 am #

    Blue-Haired Lawyer: What about that tattoo on your chest? Doesn’t it say “Die Bart die”?
    Sideshow Bob: No, that’s German …
    [unveils tattoo]
    Sideshow Bob: .. for ‘The Bart The’.
    Woman on Parole Board: No one who speaks German could be an evil man.

  12. avatar
    The Magic M December 12, 2012 at 7:14 am #

    (actually it is German for “the beard the” ;))

  13. avatar
    Thrifty December 12, 2012 at 7:53 am #

    People learn from past mistakes only when they acknowledge them. If you’re like Orly and steadfastly believe in your own infallibility, you’ll never realize you make mistakes. You can’t learn from mistakes you didn’t make.

    John Reilly: A Rhesus monkey, teenagers, and even Modovan teenagers can learn from past experience. Dr. Taitz, howver, having been chastised numerous times by courts for failing to serve people properly, downright refuses to learn.

  14. avatar
    John Reilly December 12, 2012 at 8:42 am #

    If Dr. Taitz served Mr. Astrue properly, at least she would confront his counsel at the motion to dismiss stage. (Which we guess would be granted, although sometimes, as with Judge Reid, the case goes sideways for a bit.) By not serving him, all she has in the end is red meat to tantalize her supporters.

    So the question is does she do these things in a cold and calculating way, simply to make money, like WND. Or is she suffering from some defect in her reasoning process by which she can use the internet to dig up the most obscure fact, but is totally unable to use it as a tool to assist her to learn how to properly serve parties.

    We had this the other day when she published Mr. Sibley’s subpoena to Occidental. Dr. Taitz has already learned that out of state subpoenas can’t be served. You need to go to the local court and get a local subpoena. And yet she did it again. Now, we have not heard from Occidental, so one thinks that she has not even tried to serve it, because if she had, someone would be moving somewhere to enforce it, no matter how lamely. And even Mr. Sibley backed off.

    I don’t think money is the motivating factor. I could be wrong, but my sense is that she obtains very little in the way of donations.

    She is just plain clueless, as the good Doc diagnosed.

  15. avatar
    Bob December 12, 2012 at 9:14 am #

    John Reilly:

    So the question is does she do these things in a cold and calculating way, simply to make money, like WND.

    I believe that she persists for the sole reason that it bothers Obots. It’s her “contribution” to the Republican Party and America. She’s a real life troll — nothing more, nothing less.

  16. avatar
    bobj December 12, 2012 at 9:27 am #

    John Reilly: So the question is does she do these things in a cold and calculating way, simply to make money, like WND. Or is she suffering from some defect in her reasoning process by which she can use the internet to dig up the most obscure fact, but is totally unable to use it as a tool to assist her to learn how to properly serve parties.

    She will keep doing the same thing until she is disbarred, heavily sanctioned, or she finds her one honest judge. The possibility of legal ineptitude does not even register in Oz ( first letter first name, last letter last name; her true home IMO.). That one judge will be able to look past all of her mistakes and rule in her favor, because all the judges who rule against her are corrupt. With all of her “cases” the first step is to profile the judge whilst wistfully hoping that is the one.

  17. avatar
    John Reilly December 12, 2012 at 9:44 am #

    As a Republican, I wish she would contribute eleswhere.

  18. avatar
    Dr. Conspiracy December 12, 2012 at 10:18 am #

    I got an email from Taitz (I guess her media blaster is working again) announcing that the California Supreme Court was going to accept the Noonan case, a copy of her week-old blog post. But of course, they already decided NOT to hear that case.

    John Reilly: So the question is does she do these things in a cold and calculating way, simply to make money, like WND

  19. avatar
    Thrifty December 12, 2012 at 10:33 am #

    The second one. Glenn Beck and Rush Limbaugh and the gang at WND are shrewd opportunists, raising trouble for the money. Taitz is just too disorganized to be like that. Exhibit A is her website, which, and I’m not kidding when I say this, could ONLY come through incompetence. I don’t think that an amateur web designer would make something that bad. An amateur would do something that, while not looking GREAT, would look halfway DECENT.

    And I don’t think you could find a professional to do something that terrible on purpose.

    John Reilly: So the question is does she do these things in a cold and calculating way, simply to make money, like WND. Or is she suffering from some defect in her reasoning process by which she can use the internet to dig up the most obscure fact, but is totally unable to use it as a tool to assist her to learn how to properly serve parties.

  20. avatar
    The Magic M December 12, 2012 at 11:54 am #

    John Reilly: So the question is does she do these things in a cold and calculating way

    If she did, she’d be a better actress than Meryl Streep, Charlize Theron and Tilda Swinton combined. Will she apply for an Academy Award?

  21. avatar
    JPotter December 12, 2012 at 12:02 pm #

    Dr. Conspiracy: I got an email from Taitz (I guess her media blaster is working again) announcing that the California Supreme Court was going to accept the Noonan case, a copy of her week-old blog post. But of course, they already decided NOT to hear that case.

    She promptly issued a retraction, right? ;)

    No wonder her followers are confused.

  22. avatar
    jaimehlers December 12, 2012 at 12:32 pm #

    Never attribute to malice what can be explained by stupidity.

    Whoever originally came up with that must not have known anyone like Orly Taitz. She’s as clear-cut a case of malicious stupidity as I’ve ever seen.

  23. avatar
    observer December 12, 2012 at 1:03 pm #

    you should change the site name to Orly Watch.

    bully for you.

  24. avatar
    J.D. Reed December 12, 2012 at 1:29 pm #

    Well, why not? Hasn’t she asked to be nominated for a Pulitzer?

  25. avatar
    Yoda December 12, 2012 at 3:38 pm #

    I have not seen it personally, but I was told by one of the people in Orly’s world that the affidavit of service attached to her motion is from her case in IN and not Mississippi and I doubt that that was proper service in that case either

  26. avatar
    nbc December 12, 2012 at 3:57 pm #

    The affidavit references her Indiana case Orly v Election Commission but some of the documents on the list that were served better match the Mississippi case. However, due to the mess as to what was filed exactly, including what summons, I doubt that Orly’s affidavit amounts to much.

  27. avatar
    Andrew Vrba, PmG December 12, 2012 at 5:37 pm #

    I’d take threats of bodily harm from a five year old more seriously than an affidavit from Taitz.

  28. avatar
    Benji Franklin December 12, 2012 at 9:53 pm #

    nbc: I doubt that Orly’s affidavit amounts to much.

    Succinctly said. NBC, you have done heroic work in daily spotlighting the legal circus that the Birthers collectively are, just as Doc floodlights the wider social aspects of their narrow points of view. Endless thanks to both of you!

    Orly is the least competent professional person I have ever heard of. She can’t properly read the law or see when and how well it applies to a particular situation. She can’t properly serve defendants. She doesn’t learn from her mistakes. She blames others – practically everyone for her own errors in judgment. She makes politically charged wild accusations about the motives of everyone who dares to point out her incompetence. She doesn’t know what constitutes real evidence in a trial, and worse, does not know that she doesn’t know that.

  29. avatar
    nbc December 12, 2012 at 10:13 pm #

    Benji Franklin: Succinctly said. NBC, you have done heroic work in daily spotlighting the legal circus that the Birthers collectively are, just as Doc floodlights the wider social aspects of their narrow points of view. Endless thanks to both of you!

    We all do what we enjoy and what comes naturally to us. Doc’s site is a great site for ‘behind the scenes’, while I try to keep my site focused on the arguments and other follies by the birthers.

    I should thank the Birthers for having added much to my legal education… While I am not sure I would ever want to pursue a career in law, I have grown accustomed to some of its quirks,rules and procedures.

    As someone interested in learning and exploring, this has been an extremely valuable contribution the birthers have made.

    So thanks to all the birthers.

  30. avatar
    nbc December 12, 2012 at 10:15 pm #

    Benji Franklin: Orly is the least competent professional person I have ever heard of. She can’t properly read the law or see when and how well it applies to a particular situation. She can’t properly serve defendants. She doesn’t learn from her mistakes. She blames others – practically everyone for her own errors in judgment. She makes politically charged wild accusations about the motives of everyone who dares to point out her incompetence. She doesn’t know what constitutes real evidence in a trial, and worse, does not know that she doesn’t know that.

    I have looked into some pro-se’s who were wronged in the past and now their continued failures have driven them to some pretty foolish approaches and arguments. I see no foundation for Orly as to why she has taken this road of follies, failures… Why would anyone pursue something that they understand so poorly?

  31. avatar
    nbc December 12, 2012 at 10:17 pm #

    As to Mario…. Well he is just too much fun to have a debate with and see him desperately trying to raise an argument. He has shown himself to be suffering from some reading comprehension problems, which results in lots of embarrassment.
    I know, I shouldn’t but he is so darn cute…

  32. avatar
    Dr. Conspiracy December 12, 2012 at 10:22 pm #

    Like a Teddy bear stuffed with scorpions.

    nbc: I know, I shouldn’t but he is so darn cute

  33. avatar
    Dr. Conspiracy December 12, 2012 at 10:25 pm #

    Guess what? Orly filed a new law suit today.

    nbc: Why would anyone pursue something that they understand so poorly?

  34. avatar
    nbc December 12, 2012 at 10:30 pm #

    Dr. Conspiracy: Like a Teddy bear stuffed with scorpions.

    He’s all bark no bite…

  35. avatar
    nbc December 12, 2012 at 10:32 pm #

    Dr. Conspiracy: Guess what? Orly filed a new law suit today.

    Yep, the mother of all lawsuits which runs afoul of several 2008 rulings, which makes incredibly foolish arguments about the electoral college etc etc.

    It’s all a playground for her to continue to make her ill supported claims about our President while providing no foundation as to why she has standing or why she raises and issues which the court can and should address.

    Fascinating. And the usual crowd of fellow plaintiffs…

  36. avatar
    nbc December 12, 2012 at 10:37 pm #

    Orly has filed her musings in MS

    12/12/2012 85
    MOTION for Default Judgment and Post Default Discovery as to Michael Astrue, filed by Orly Taitz. (Attachments: # 1 Exhibit 1 – Affidavit of Papa, # 2 Exhibit 2 – Affidavit of Jordan, # 3 Exhibit 3 – SSNVS Certification, # 4 Exhibit 4 – Affidavit of Blake, # 5 Exhibit 5 – Affidavit of Zullo)(ND) (Entered: 12/12/2012)

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