The U. S. District Court for Eastern California has denied a motion to reconsider a moot issue, staying the counting the electoral votes from the 2012 election. Judge Morris C. England, Jr., wrote:
Plaintiffs’ Motion for Reconsideration is difficult to decipher.
I feel your pain, your honor. Judge England cited Local Rule 230(j) which says roughly that it you want a motion reconsidered, you have to come up with something new—new facts, new evidence, an inadvertent error. Taitz’ 24-page motion for reconsideration was just a rehash of the original motion.
Judge England writes:
Plaintiffs fail to describe material new facts that warrant the Court to reconsidering (sic) its decision…
No, no, no …
While IANAL, “Motion for Reconsideration is DENIED”, sounds an awful bunch like denied and not ‘case is proceeding’
England’s snark is a beauty to behold
Apparently Judge England doesn’t agree with Taitz claim that Obamaforgerygate is Watergate on steroids. 😆
A liberul reporter brought down the most-eggsalent administration of Nixon and is now attacking Obama.
Orly’s motion is like a riddle wrapped in a mystery, inside an enigma, smeared with mascara.
Orly Taitz proving once again, that she is the “Always Save” of attorneys.
…For those who don’t get the reference “Always Save” is this God awful generic food brand. They make terrible tasting everything!
It is just a ruling on a motion to stay, not dismissal of the entire case. No ruling on that has occurred. In the mean time, Taitz is also asking the Appeals court to force the district court to rule that Obama is in default.
However, more fun to watch…
I guess it is Orly’s hope that if Obama is found in default, she can move the case forward. In any event, Orly wants what birthers have been wanting for last 4+ years, DISCOVERY. I don’t think birthers will ever get but if they ever did, it would quite a find to dig inside of Obama’s past.
I agree. When I first read the footnote I thought Judge England was ruling there would no more oral argument at all in the case. However, after I read it again and he was just being thorough and citing the rule that says he could dispense with this silly motion w/o a hearing.
Only if Obama is in default she doesn’t get discovery. She has this crazy notion of “post default discovery” but that only relates to recovery of costs and such. It doesn’t apply to the underlying allegations in the case, which are defaulted.
Besides that, there are two further issues.
First, in any normal case, the judge would upon a motion to that effect, give the defendant more time. Second, even if the default stuck, the court has no power to grant the ultimate relief she wants, nullifying the election.
Getting a default of any kind boosts Orly’s popularity on the Internet, but nothing else.
Add to that, there’s no possibility of a default because the court records clearly show that Obama was never served in his personal capacity. End of story.
The motion really is difficult to decipher.
Orly’s latest post is difficult to decipher as well:
“I AM TRYING TO FIND EVENTS WHERE JUDGES APPEAR TO ASK WHY THEY ARE COMMITTING TREASON AND COVERING UP OBAMA’S FORGED IDS. NEED HELP”
Doc, would you please not post pictures of Orly on posts about her. I do not enjoy throwing up!
Let me unbias that statement for you, John:
“I don’t know how I’d handle seeing everything in his past exactly match what he’s been saying for years.”
If I recall correctly (and birfer litigation is hard to follow sometimes), this Judge has also said that he did not have subject matter jurisdiction. Frankly, the case should have been dismissed on that basis alone. Putting aside that the inauguration has happened and that the request for a stay is moot, Orly should have asked for permission to file an appeal of an interlocutory order and asked the circuit court for either an immediate grant of the relief and/or a determination of whether the District Court has SMJ. Filing a motion for reconsider to a court that says that it cannot decide the issue is really an effort in futility. This is especially true where the motion did not even address the SMJ issue, but rather asserted that the US attorneys acted improperly by claiming that they were representing people who had no knowledge of the lawsuit.
As was discussed previously, if President Obama himself came into court and admitted that everything Orly said was true, the Court could still not have granted the relief sought since it does not have subject matter jurisdiction.
He can also dispense with the entire case on the papers and without a hearing. He’s already held he does not have subject matter jurisdiction. He should have dispensed with the entire case at that time, or certainly shortly thereafter. All he’s doing now is causing defense counsel to waste time and resources (and his court as well) on utter BS.
If he ends up sanctioning Orly for all her conduct, fine, but I doubt that’s going to happen (hopeful but doubtful) so there’s no reason not to dump the entire case.
what’s a “forced selective service certificate”? is that like a certificate to induce labor and delivery?
Orly is never going to get a default judgment against Obama or any other government official. Before she can even think about getting a default judgment she has to properly serve the defendant(s) – something she has failed to do time and again because she does not know how to follow the rules.
When she does somehow manage to effect proper service, the defendant(s) file timely Answers, so once again there is no default.
Your hero has an uninterrupted streak of 4+ years of fails, a streak which will continue for as long as she continues to file her foolish lawsuits.
John, as Fred Gwynne said so brilliantly in the case of “The People of the State of Alabama vs. Henry Gambini,” in “My Cousin Vinny,”
“This is why we have a thing called ‘procedure.'”
And she can beat whomever with a shtick to make it more live like
Yeah, you go ahead and hang your hat on that seeking discovery thing John. You’re going to be waiting a LONG TIME! Hehehe.
I haven’t checked, but it would be funny if he actually quoted an Orly typo (“forced” instead of “forged”) to tell her “you expect me to understand your crazy theories but you can’t even be arsed to be careful when writing them down?”.
Took me a couple attempts, too, but isn’t that more a problem of English punctuation in this case? The mind tends to read “appear to ask” (= “seem to be asking”) together. Or would you put a comma after “appear”?
Orly appears to have used up all her commas.
She’s a comma chameleon.
By George, I think you’ve got it!
Well said, but I will add another. Once Taitz filed her First Amended Complaint, she mooted her default-the-original-complaint position.