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.
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.