Of course, we know that there will be at least one other amendment — Orly says so in the First Amended Complaint, which she rushed to file without a RICO claim.

If I’m reading FRCP Rule 15(a) correctly, Taitz amending the pleading (without written permission from the plaintiffs nor leave from the court) implies that she did not serve the original complaint more than 20 days before. Also, another amendment will require such permission or leave. http://www.law.cornell.edu/rules/frcp/Rule15.htm

The Amended Complaint is a jolly read. http://www.obamaconspiracy.org/wp-content/uploads/2009/02/Keyes-Obama-07-15-09.pdf Why did she put, “Hopefully the buck stops here, in the Supreme Court,” in a pleading before a District Court? Shouldn’t the prayer for relief include some specific relief? Without permission to amend from the defendants or leave from the Court, Taitz will be stuck with this rush-job.

Taitz and Keyes (along with Gary Kreep) previously face-planted into another bit of Rule 15(a) in Keyes v. Bowen. When they tried to amend the complaint, the court returned the doc because an answer was already on file. By that time their prayer for relief was entirely moot; without the ability to amend, the suit was doomed.

No it wasn’t, and no it didn’t; sorry.

Although it is amply obvious that you are not a lawyer, thanks for verifying.

Sue,
I know that you don’t like Atty. Taitz, from the majority of your posts….You all clearly underestimate Atty. Taitz because I don’t think that a 1st, 2nd, or 3rd year law student or any polished attorney could get the results she’s obtained. The Cards are stacked against her but she seems to be working through the mind fields. Your worst strategy is to continue to underestimate this lawyer and her causes.

Simple Interest, what results has Orly obtained? She hasn’t won a case. Her cases have either been dismissed or will be once she can figure out how to properly serve someone. And if she was such a great legal mind that we would be foolish to underestimate, then why is the infamous disbarred former attorney Charles Lincoln writing her pleadings and briefs? I mean she is such an impressive legal mind that she should have real attorneys willing to assist. Not disbarred ones. She should have research the law and relized that by Major Cook requesting CO status, he would be risking his security clearance. If Orly is the best out there, then the brither movement is not doomed for failure, but to utter ridicule also.

isn’t this standard operating practice for

experienced attorneys???

come on, i want a real answer hear!

Do attornies frequently miss service??

I guess it does happen a lot, trying to find criminals

on the lam…..no?”

It is my understanding that first year law students are able to accomplish/master service. Judge Carter directed Dr. Taitz to the rule regarding this. All Dr. Taitz had to do was follow the rule. And this is not a criminal case but rather a civil case. The rule clearly spells out who Dr. Taitz needed to serve.

Sue,
I know that you don’t like Atty. Taitz, from the majority of your posts. The instructions from the Judge actually attack the strategy by Obama to get the case dismissed. Obama was not President when the case was filed. He was President Elect. In other words, he was being sued in his civilian capacity, as he had also formally resigned from the Senate. Service was perfected upon him under the Rules but he would not accept service. He wants the protections of the U.S. Justice Department and the Court was not going to play that game—thus he instructed Orly and the U.S. Attorney to leave the Court Room & for Atty. Taitz to serve the U.S. Attorney. He then stated that the case will move on the merits. You all clearly underestimate Atty. Taitz because I don’t think that a 1st, 2nd, or 3rd year law student or any polished attorney could get the results she’s obtained. The Cards are stacked against her but she seems to be working through the mind fields. Your worst strategy is to continue to underestimate this lawyer and her causes.

That was sarcasm…good sarcasm, because it seems to have got your Obot greet blood boiling…

isn’t this standard operating practice for

experienced attorneys???

come on, i want a real answer hear!

Do attornies frequently miss service??

I guess it does happen a lot, trying to find criminals

on the lam…..no?”

It is my understanding that first year law students are able to accomplish/master service. Judge Carter directed Dr. Taitz to the rule regarding this. All Dr. Taitz had to do was follow the rule. And this is not a criminal case but rather a civil case. The rule clearly spells out who Dr. Taitz needed to serve.

In what jurisdiction(s) do you practice law?

BTW, a ruling on a Motion to Dismiss is a ruling on the merits of the complaint, so dismissal by October or November is not without the realm of possibilities. In fact, I predict it. No standing, no triable claims. Remember, folks, you read it here.

Heads up, Orly just published the amended filing for this case on her blog…its an excellent summation of the history of the eligibility dispute…

*******

So you think the United States Attorney’s Office was out of its jurisdiction in taking the trip up the elevator of the Federal Building in Santa Ana and making an appearance in Judge Carter’s courtroom, huh? James, you might want to crack open that copy of the United States Code, specifically to 28 U.S.C. § 517, and have read:

“Section 517. Interests of United States in pending suits

The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States.”

While you’ve got the book open, check out section 518(b) as well:

“Sec. 518. Conduct and argument of cases

(b) When the Attorney General considers it in the interests of
the United States, he may personally conduct and argue any case in
a court of the United States in which the United States is
interested, or he may direct the Solicitor General or any officer
of the Department of Justice to do so.”

Translation: The United States can interject itself into ANY case, at ANY time, in ANY court in the land.

Now, about that business of Obama’s lawyers. If he was not properly served (as Judge Carter found) his lawyers didn’t have to show up. And the way to properly serve the President of the United States or any other federal officer is to ….. okay, now pay really close attention …… serve the complaint on the United States Attorney for the district in which the case is brought. That would be the very same United States Attorney who appeared, by his deputy, in the proceedings on Monday. Get it?

Then he smirked.

They’re finally getting it! When made aware of the facts, people will come to the proper skepticism and appreciate how terribly poorly Obama’s handled this, even if he is legit. The only thing he got wrong was when he mentioned factcheck’s “proof” of his birth and then verbatim read their page quoting state officials who “said that the COLB was legitimate,” something which they never did.